Request for Proposal #50019

Transcription

1 Request for Proposal #50019 Learning Management System and Implementation Services June 17, 2014 California Lottery 700 North 10th Street Sacramento, CA 95811

2 TABLE OF CONTENTS Page I. GENERAL INFORMATION A. Purpose... 1 B. Bidder Qualifications... 1 C. Issuing Office and Vendor-Initiated Contact... 1 D. Projected Timetable... 2 E. Examination of All Requirements... 2 F. Amendments to RFP... 2 G. Intent to Bid and Future Communication... 3 H. Written Questions... 3 I. Proposal Consideration... 3 J. Proposals are Public Records... 3 K. Conditions of Submission... 4 L. Rejection of Responses... 4 M. Nonmaterial Deviation... 4 N. Contract Execution... 4 O. Hiring of Lottery Personnel... 4 P. Governing Law and Regulations... 5 Q. Property of the Lottery... 5 R. Defense of Bid Protest... 5 II. III. PROPOSAL REQUIREMENTS A. Mandatory Submittals and Review Criteria... 5 B. Rated Submittals and Evaluation Criteria... 9 C. Finalist Oral Presentation and Demonstration PROPOSAL EVALUATION PROCESS A. Mandatory Submittal Review B. Rated Submittal Evaluation C. Finalist Oral Presentation and Demonstration Evaluation D. Price Assessment IV. BEST VALUE ANALYSIS V. PROPOSAL PACKAGING AND DELIVERY EXHIBITS Exhibit A - Scope of Services Exhibit B - Background Exhibit C - Draft Contract Terms and Conditions ATTACHMENTS Attachment 1 - Cost Proposal Attachment 2 - Certification Attachment 3 - Guaranty Attachment 4 - Disabled Veteran Business Enterprise Participation Program Attachment 5 - Small Business Program Attachment 6 - Bidder Experience Reference Form Attachment 7 - Project Team Form Attachment 8 - Learning Management System Worksheet Attachment 9 - General Disclosures... 79

3 I. GENERAL INFORMATION A. Purpose The California Lottery (Lottery) is inviting bids from qualified bidders to provide Commercial Off-The-Shelf (COTS) Learning Management software solution, implementation services and training, and ongoing maintenance and support through an annual user license agreement. The proposed solution must be available as a hosted solution or a multi-tenancy Software as a Service (SaaS) solution. B. Bidder Qualifications This Request for Proposal (RFP) is open to all Bidders who: 1. Have a commercially available Learning Management software product that meets the technical and functional requirements described in the Scope of Services. The proposed product must have been commercially available for at least five years (including prior versions or releases of the same software product); 2. Have been providing the proposed software as a hosted or SaaS solution for at least three years; 3. Have annual revenues greater than $5 million. Revenues include license, maintenance and service fees; 5. Can meet the requirements described in Section II, Proposal Requirements; and 6. At the time of contract execution, can legally do business in the State of California. C. Issuing Office and Vendor-Initiated Contact This RFP is issued by the Lottery s Contract Development Services. Issuance of this RFP does not constitute a commitment by the Lottery to award any Contract. The issuing office is the sole point of contact relative to this RFP. Any and all notices or questions pertaining to this RFP will be directed to: California Lottery Contract Development Services Attention: Susana Sanchez 700 North 10th Street Sacramento, CA [email protected] Phone: (916) FAX: (916) TDD: (800) No contact regarding this RFP is allowed between firms and members of the Evaluation Panel, Lottery Commissioners, or Lottery staff after issuance of the final RFP with the exception of the Lottery contact person named above. Any such contact may disqualify a firm from further Learning Management Software Services 1 RFP #50019

4 consideration. Requests for clarification by agencies will be allowed provided that such requests are made through the above contact. D. Projected Timetable The following projected timetable is set forth for informational and planning purposes. The Lottery may change these dates without an RFP amendment at the Lottery s discretion, however, written notification will be provided to those firms who have submitted a written Intent to Bid on file (reference subsection G. below). Action Date Time RFP Issued June 17, 2014 Intent to Bid Due June 27, :00 pm PST Written Questions Due June 27, :00 pm PST Responses to Written Questions As required Proposal Due August 5, :00 pm PST Identification of Finalists mid-august Finalist Oral Presentation/Demonstrations August 18-20, 2014 TBD Identification of Apparent Successful Bidder September 2014 Projected Contract Effective Date October 2014 E. Examination of All Requirements Bidders are strongly urged to thoroughly examine this document and become fully aware of the scope of services required. Responses must be based solely on the information and materials contained in the final RFP and any amendments issued by the Lottery. Firms are to disregard anything else including draft material they may have received, any newspaper advertisements or articles they may have read, and any oral representations made. The Lottery in its discretion may refuse to accept a response for failure to furnish all required information or to follow the format specified in this RFP. F. Amendments to the RFP The Lottery may cancel or amend this RFP at any time. Notice of amendment or cancellation will be sent to firms that submitted a written Intent to Bid if the amendment or cancellation occurs prior to proposal submission, and to firms that submitted a proposal if the amendment or cancellation occurs after proposal submission. Learning Management Software Services 2 RFP #50019

5 G. Intent to Bid and Future Communication Interested Bidders must submit a written Intent to Bid (may be submitted via electronic mail or personally delivered) to the Lottery contact person specified above, and by the date and time specified in the Projected Timetable, in order to receive any further direct communications, including amendments, from the Lottery regarding this solicitation. A written Intent to Bid must include the name of a contact person and mailing address of the firm submitting the written Intent to Bid, a voice and facsimile telephone number (if available) and electronic mail address (if available) of a contact person representing the firm submitting the written Intent to Bid. If a written Intent to Bid is not sent, a proposal may still be submitted. However, any further notices or amendments issued by the Lottery will only be sent to vendors who have filed a written Intent to Bid. All vendors may, however, access notices and amendments issued by the Lottery regarding this solicitation on the Lottery s website at under Vendors. H. Written Questions Questions regarding this RFP must be submitted in writing via or U.S. mail to the Lottery contact person specified within by the date and time specified in the Projected Timetable. It is the sole responsibility of the vendor to verify receipt of questions submitted. All vendors with a written Intent to Bid on file will receive a copy of all written questions and answers the Lottery addresses. I. Proposal Consideration In consideration for being permitted to submit a proposal, the Bidder agrees that: 1. The Lottery is not liable for any costs incurred by a Bidder in preparing, submitting, or otherwise participating in a response to this RFP; 2. Its response to this RFP constitutes the Bidder s binding offer to the Lottery; and 3. Its response to this RFP is irrevocable for 180 days from the date proposals are due. J. Proposals are Public Records Pursuant to the California Public Records Act, California Government Code 6250 et seq, except for General Contractor Disclosures, Attachment 7, all data, materials, information, and documents submitted to the Lottery by a bidding agency may be incorporated into a publiclyavailable contract and may otherwise be subject to disclosure upon request by competitors and members of the public. The Lottery will process all Public Records Act requests in accordance with the laws of the State of California. A bidding agency s labeling of any proposal materials as confidential or otherwise exempt from disclosure is not binding on the Lottery, and the Lottery will not be liable to the agency or to any other person or entity for disclosing any portion of the agency s proposal as required by law. Learning Management Software Services 3 RFP #50019

6 K. Conditions of Submission Responses to the RFP and any subsequent presentations should be submitted with the most favorable terms the Bidder can offer. After the Bidder submits a response to the Lottery, the response cannot be replaced, changed or modified in any way except as specified in this RFP or in response to a subsequent amendment to this RFP or a written request for clarification from the Lottery. A Bidder will be allowed to withdraw its response provided that such withdrawal is actually received by the Lottery prior to the deadline for final submission. Withdrawals must be filed in the same manner as responses. Proposal responses on file with the Lottery by the deadline for final submission are irrevocable. L. Rejection of Responses The Lottery reserves the right to reject any response which is conditional or incomplete, or contains any material deviations. Any provisions of this document which are identified as requirements are mandatory. In the interest of promoting competition, the Lottery may allow a Bidder to correct a deficiency related to any requirement upon the Lottery s written request. If all Bidders fail to meet a mandatory requirement, the Lottery reserves the right to continue evaluation of the proposals and select the response which most closely meets the requirements specified in this RFP. M. Nonmaterial Deviation The Lottery may waive any nonmaterial deviation in a proposal. The Lottery s waiver of a nonmaterial deviation does not modify the RFP requirements or excuse the proposing Bidder from full compliance with the contract s requirements. N. Contract Execution The Lottery Director or designee will make the final determination of the contract award, subject to Commission approval. In making this determination, the Lottery Director or designee may be assisted by an Evaluation Committee. Failure or refusal on the part of the intended awardee to begin performance within ten working days of contract execution may be treated as a repudiation of the contract at the sole discretion of the Lottery. The Lottery may then either: (1) select the next ranked proposal which conforms to the requirements of this RFP and represents, in the sole discretion of the Lottery, the best value proposal that maximizes the benefits to the Lottery; or (2) reject all proposals. The Lottery reserves its right to damages associated with a repudiation of the contract. The Lottery reserves the right to cancel any and all elements of a procurement or rescind an announced award at any time up to and including execution of the actual contract. O. Hiring of Lottery Personnel At all times during the proposal evaluation period and continuing through the contract award or the rejection of all proposals, Bidders are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any person involved Learning Management Software Services 4 RFP #50019

7 in the evaluation of proposals. Any Bidder making such an offer or proposition will be disqualified from further consideration. P. Governing Law and Regulations The Lottery s governing law and regulations, including its Competitive Bidding Procedures, are available on the Lottery s website at It is the Bidder s responsibility to be familiar with these laws and regulations. Q. Property of the Lottery All proposal responses become the property of the Lottery upon receipt and shall not be returned to the Bidder. R. Defense of Bid Protest The successful Bidder, at its own expense, shall fully participate in the defense of any bid protest filed by a third party II. PROPOSAL REQUIREMENTS All proposals and other requested documents must be organized in the same order and with the same lettering/numbering format as shown in the following subsections; submitted in a 3-ring binder, on 8 ½ x 11 inch paper, printed on one side only, using at least 12 point size font, consecutively numbered with sections clearly marked or labeled; and provided on a compact disc (CD) compatible with Microsoft Office 2010 Suite and Adobe Acrobat Reader X (v10.1.7). Bidders must provide the Lottery with as much information necessary in their proposal response for the Lottery to award a contract. At a minimum, proposals must be fully responsive to the specific requirements stated in this RFP. Bidders must identify any requirements of this RFP they cannot satisfy. A. Mandatory Submittals All proposals submitted in response to this RFP must comply with the requirements of this section. Failure to complete and submit the information listed in this section may, at the discretion of the Lottery, result in the rejection of the proposal. If all Bidders fail to meet one or more of the mandatory requirements, the Lottery reserves the right to continue evaluating the proposals. Bidders who pass the review of Mandatory Submittals will advance to the evaluation of Rated Submittals. Bidders must complete and submit the following attachments as detailed below: 1. Transmittal Letter 2. Technical Approach 3. Attachment 1, Cost Proposal 4. Attachment 2, Certification 5. Attachment 3, Guaranty 6. Attachment 4, Disabled Veteran Business Enterprise Participation Program 7. Attachment 5, Small Business Program Learning Management Software Services 5 RFP #50019

8 8. Attachment 6, Bidder Experience Reference Form 9. Attachment 7, Project Team Form 10. Attachment 8, Learning Management System Worksheet 11. Attachment 9. General Disclosures 1. Transmittal Letter Bidder must submit a cover letter indicating that the Bidder is responding to the RFP and that all of the RFP requirements have been met. The letter must be signed by a representative identified in Certification, Attachment 2, as legally authorized to contractually bind the Bidder. Bidder must also disclose any potential, actual or apparent conflicts of interest that may arise between any of the bidder s current clients and/or employees, and the Lottery. Because of the complexities involved in defining conflicts of interest, please identify any potential conflicts and the Lottery will make a final determination as to whether a disqualifying conflict exists. Note: If there are no known conflicts, provide a statement to this effect. 2. Technical Approach The Bidder shall describe how it meets the Technical Requirements in the Scope of Services, including a description of: Architecture: application architecture, core system, data architecture. Whether the proposed solution is hosted or multi-tenant SaaS, compatibility with Lottery systems, and the benefits of the proposed solution. Network/ Maintenance: backups, disaster recovery. Service Delivery including: service monitoring, customer notification, service management, incident management, problem management, configuration management, change management, release management, and reporting to demonstrate that SLA s are being met. Security: including data center security, application security, vulnerability management, business continuity and disaster recovery planning, data protection and privacy of personal information, information systems audit and logging, what independent 3 rd party information security reviews have been completed, what industry security standards are followed, and what certifications are obtained by the Bidder Integration: APIs, integration capabilities and connectors. 3. Cost Proposal (Attachment 1) Cost Proposal, Attachment 1, must be completed by the Bidder at the time of bid submission and included in its bid response. NOTE: Any changes made to the Cost Proposal by the Bidder, including but not limited to exceptions, deletions, and additions, may be the basis for disqualification of the bid response. Learning Management Software Services 6 RFP #50019

9 4. Certification (Attachment 2) Certification, Attachment 2, must be completed by Bidder at the time of bid submission and included in its bid response. 5. Guaranty (Attachment 3) Guaranty, Attachment 3, must be completed by the Bidder at the time of bid submission and included in its bid response. 6. Disabled Veteran Business Enterprise Participation Program (Attachment 4 Optional) Disabled Veteran Business Enterprise Participation Program, Attachment 4, must be completed by the Bidder at the time of proposal submission and included in its proposal response package, if applicable. Bidders must complete and submit the DVBE forms if they are requesting participation in the program. Proposal packages received without the completed DVBE forms will not be considered responsive for the five percent business preference (see Attachment 4 for additional information). 7. Small Business Program (Attachment 5 - Optional) Small Business Program, Attachment 5, must be completed by the Bidder at the time of proposal submission and included in its proposal response package, if applicable. Bidders must complete and submit the Small Business and Microbusiness Program Participation forms if they are requesting participation in the program. Proposal packages received without the completed Small and Microbusiness Program Participation forms will not be considered responsive for the five percent small business preference (see Attachment 5 for additional information). 8. Bidder Experience Reference Form (Attachment 6) Bidder Experience Reference Form, Attachment 6, must be completed by the bidder at the time of proposal submission and included in the proposal response package. The Bidder must provide information to demonstrate its background and experience as it pertains to the tasks required in Exhibit A, Scope of Services. 9. Project Team Form (Attachment 7) Project Team Form, Attachment 7, must be completed by the bidder at the time of proposal submission and included in the proposal response package. Each bidder must describe how it will staff the Lottery s account so that the Lottery s specific needs are met. 10. Learning Management System Worksheet (Attachment 8) Attachment 8, Learning Management System Worksheet must be completed by the bidder at the time of proposal submission and included in the proposal response package. This worksheet will identify how the bidder s proposed software solution features and functionality meet the Functional Requirements described in Exhibit A, Scope of Services. Learning Management Software Services 7 RFP #50019

10 11. General Disclosures (Attachment 9) General Disclosures, Attachment 9, must be completed by the Bidder at the time of proposal submission and included in its proposal package. The disclosures provided in these forms will be considered confidential and will not be provided in response to California Public Records Act Request. Evaluation Criteria for Mandatory Submittal Review: Pass/Fail B. Rated Submittals and Evaluation Criteria Bidders shall submit the following information: The entire Rated Submittal not including attachments included as part of Mandatory Submittals (e.g. Bidder Experience Reference Form, Attachments 6, Project Team Form, Attachment 7, and Learning Management System Worksheet, Attachment 8) shall not exceed 25 pages. Rated Submittals that exceed 25 pages may not be read. Proposals submitted in response to this RFP will be rated in comparison with other submitted proposals and will be rated using the scale set forth in Section III, Proposal Evaluation Process. a. Company Background and Experience (Maximum 3 pages) In this section of the proposal, the Bidder should demonstrate how their company s experience and resources make it best suited to provide Learning Management System (LMS) software, implementation services, hosting and support to the Lottery. To demonstrate its background and experience, each Bidder is to provide a narrative (3 pages maximum) that provides an overview of the Bidder s company, product offerings, financial stability, and outlook for the Bidder s position in the LMS marketplace. If a subcontractor is being proposed, provide the same information for the subcontractor. While it is the Bidder s responsibility to decide what information under this general heading would be most useful to Lottery in assessing the Bidder s capabilities, at a minimum the Bidder should include the following in this section: Number of years in business Number/locations of offices Gross Revenue for last 3 fiscal years Number of years providing LMS solutions Number of years providing hosted or SaaS solutions Number of customer accounts for the proposed solution Installed user base of the proposed solution Ownership status (private/public corporation, subsidiary, etc.) List of relevant projects/clients that use your LMS solution (the Lottery may contact your clients) Formal partnerships with other companies Certifications/awards Strength of LMS offering as published by third party industry analysts (e.g. Gartner, Forrester) Learning Management Software Services 8 RFP #50019

11 Corporate Experience Requirements The Bidder must be able to demonstrate that they meet the following corporate experience requirements: 1. Two company project references for LMS implementation projects. The referenced projects should be recent and similar in size/complexity to the Lottery LMS project. 2. At least one of the above company project references must be for a hosted or SaaS implementation of the proposed solution. Bidders must use Bidder Experience Reference Form, Attachment 5, to demonstrate confirmation of corporate experience requirements used to meet RFP minimum qualifications. The Lottery may contact the references following submission of the proposals to validate the information provided. 1. All referenced work must have been performed within the past five years (as of the Proposal Due Date). 2. The referenced work must be fully implemented and the software must be currently in use at the referenced customer. 3. All referenced work must have been performed for a client external to the Bidder s/subcontractor s organization, parent company, and subsidiaries. 4. If the Bidder proposes to use a subcontractor to provide some portion of the required services, the prime contractor must meet the minimum corporate experience requirement; the subcontractor s references will not count toward the minimum references for the prime contractor. Evaluation Criteria for Company Background and Experience: Depth of company experience with Learning Management System software solutions. Depth of company experience with hosted or SaaS service offerings. Financial stability of the organization. Relevance to the Lottery s size, scope, and business need. Relevance of experience as confirmed by references. b. Learning Management System (LMS) and Process Improvement Describe how the proposed software solution tool s features and functionality meets the Functional Requirements described in Exhibit A, Scope of Services. Please refer to Attachment 8, Learning Management System Worksheet. The description should focus on how the solution will enable the Lottery to offer a Learning Management System that allows for self-service, automation, tracking and reporting. Key components of interest include: Alignment with standard LMS best practices. Ability to automate and improve processes through configurable workflows, including automation of approvals. Learning Management Software Services 9 RFP #50019

12 Ability to assign, track, and view learning management based on various configurable attributes, such as required training, certifications & licensing. Built in templates for processes and methodology that reflect LMS best practices, which can be configured to meet Lottery specific needs. Facilitation of LMS collaboration through workflow, alerts, integration with , and similar features. Identification of compatible Human Capital Management (HCM) software solutions that the LMS can interface with. Evaluation Criteria for Learning Management System and Process Improvement: Thoroughness in addressing Functional Requirements stated in the Scope of Services. Ability to develop repeatable processes, using templates, workflows, and collaboration tools. Demonstrated increase in efficiency of proposed software solution tool (e.g. the tool s ability to save staff time and simplify task in managing learning). Scalability of solution tool to increase functionality as the organization matures, without the need for new licenses, modules, and customization. Additional relevant functionality that is available for future growth and maturity. Relevance of proposed software solution tool features and functionality to LMS requirements (as stated in Attachment 7, Learning Management System Worksheet.) c. Proposed Approach Bidder shall provide a written summary describing the Bidder s approach to providing the functionality and services described in the RFP and the ability to work with the Lottery for a rapid and effective implementation to help the Lottery improve its ability to further its mission. The Bidder s approach should depict a solution that can be adapted or configured to accommodate the Lottery s forms, workflows and terminology; can be implemented rapidly by importing existing learning management information; and facilitates rapid adoption by end users. For purposes of their bid, Bidders should describe their approach to the project using the assumptions and estimates provided in Exhibit B, Background. Bidders are free to propose the project approach that they feel best meets the Lottery s needs. However, in order to facilitate evaluation, Bidders must describe their proposed approach in the following service areas: Implementation Approach Describe the recommended implementation services and approach that will help the Lottery quickly and effectively implement the solution and will facilitate user adoption and quick time to value. Project management High-level implementation timeline and work breakdown Learning Management Software Services 10 RFP #50019

13 Roles and responsibilities of Bidder and Lottery Organizational Change Management approach Assumptions Training Clearly identify and fully describe the training that will be included in your standard implementation period for administrators, managers / team members, and executives, prior to the system launch or Go Live. Training syllabus, course documentation, or links to on-line instructional material that explain the training content and its goals should be submitted. Include the number of training hours. Training methods, including whether training provided as part of implementation is onsite classroom training, on-site workstation training, web based instructor-led, web based self-study, or a combination of training methods. Additional training that is recommended above the basic training included as part of proposed implementation. Ongoing training that is offered as part of the annual license or subscription cost. User documentation, on-line help, or live support that is available as part of the annual license or subscription. Ongoing Services and Support Describe the post-implementation support that is recommended, the services the vendor routinely provides as part of the annual licensing and maintenance fees, and available services that incur additional fees. Include a description of: Ongoing support as the organization progresses in learning management maturity. Availability of on-line help, webinars, user groups, and ongoing training. Technical and administrative support. Functional/user support. Availability of a Service Manager as an assigned liaison to the Lottery account. Bidders must use Project Team Form, Attachment 7, to describe the composition of their proposed project team. At a minimum, the bidder must identify the Key Staff: Implementation Project Manager and Service Manager. These roles may be filled by the same individual at the Bidder s discretion. Evaluation Criteria for Proposed Approach: Thoroughness, understandability and appropriateness of the proposed approach. Quality of detail provided in the Implementation Plan, including schedule, activities, assumptions and constraints. Quality of on-site resources provided by the Bidder. Relevance of the roles of Bidder s staff and Lottery staff to completion of tasks. Thoroughness of Training approach. Clarity of definition of end users skill level requirement for Go Live. Availability of ongoing support services. Quality of follow-up services as part of annual license and maintenance fees. Learning Management Software Services 11 RFP #50019

14 C. Finalist Oral Presentation and Demonstration All Bidders receiving a rating of Significantly Exceeds, as set forth below in Section III Evaluation Process and Award, in the Rated Submittals evaluation will be deemed Finalists and advance to the Finalist Oral Presentation and Demonstration stage. Bidders receiving a minimum rating of Meets and above in the Rated Submittals Evaluation may, at the sole discretion of the Lottery, advance to the Oral Presentation and Demonstration stage. Finalists will be notified to provide an Oral Presentation and Demonstration. Only those Bidders identified as Finalists will present an Oral Presentation and Demonstration. Any preparation done by the Finalist for the Oral Presentation and Demonstration will be at the Finalist s own time and expense. Oral presentation by Key Staff and the demonstration of selected capabilities are intended to afford the Lottery the ability to clarify and verify the claims made in the Bidder s proposal in response to the requirements and to corroborate the evaluation of the proposal. The following Key Staff will be required to attend and participate in the presentation and demonstration (these roles may be filled by the same individual at the Bidder s discretion): Implementation Project Manager: The individual that will have lead responsibility for managing the implementation project. Service Manager: The individual that will be the ongoing primary point of contact for the Lottery following implementation for the resolution of any incidents, and to coordinate ongoing support and services as needed. Finalists will be provided with additional information about the Lottery s current learning management process, which should be used to tailor the Bidder s presentation and demonstration. The purpose of system demonstration will be to validate that the Finalist has prior experience implementing the software capabilities desired by the Lottery. Samples of the deliverables in the Finalist s proposed approach may be requested. The areas to be covered during the presentation are as follows: 1. Demonstration of product functionality. The Finalist should use the description of Functional Requirements included in Exhibit A, Scope of Services in conjunction with additional details to be provided to Finalists about the Lottery s learning management process to demonstrate how the proposed solution will be implemented at the Lottery to meet the requirements in the areas of: Training Requisition process o Course Registration for Lottery and external vendor classes o Supervisor approval o Payment and budget tracking o Training record database Developing on-line courses Training Reports Learning Management Software Services 12 RFP #50019

15 2. Description and demonstration of product usability. The proposed solution must be intuitive, accessible, and easily configured to facilitate its adoption by users that have a low level of knowledge and experience in the Lottery s training requisition processes. The solution must also be easy to administer and configure by staff that have good computer skills, but are not programmers or IT specialists. The Finalist shall demonstrate how the solution meets these objectives, addressing such things as: Ability to change the look and feel of the interface (logo, colors, etc.). Flexibility to configure items such as templates, forms, data fields, reports, metrics, notifications, workflow, document approvals, and user preferences, without the need for a developer or sophisticated IT resources. Ability to configure the content of user dashboards and views based on role-based security. Ability for users to configure their own home page (or equivalent), and to create user specific bookmarks or favorites. Ability for end-users to configure their views (i.e. change columns and filters, etc.) without needing administrative permissions. Users can navigate to and access learning management data and information in a single dashboard format. Ability to perform keyword and full text searches across the system. Option to apply a change in process (workflow) to all learning management processes. Availability of context driven help. Provides out of the box reporting from day one of implementation, with the ability to develop additional ad hoc reports at our convenience. 3. Product Implementation Plan Details. Finalists must present a detailed Implementation Plan for all required project activities based on established methodologies and recommended roll-out approach for all system modules and entities. The Finalist shall also describe their approach for ongoing support and partnership with the Lottery. Finalists should: Provide a detailed timeline with phases, activities, and milestones from initial kick-off (upon contract execution) through launch of the product in production. Describe the Bidder s services that will be provided including personnel, on-site presence, and remote activities. Describe the Lottery resources, data and artifacts that will be required during the implementation process. Describe how organizational change management is addressed in the implementation approach. Describe how the Bidder s approach will help the Lottery successfully implement and adopt the solution and advance in Learning Management Maturity. Provide an ongoing roadmap for the Lottery beyond initial implementation. 4. Additional information the Finalist believes best profiles their capabilities to provide LMS software and implementation services to the Lottery, and to partner with the Lottery to provide a roadmap to LMS maturity through the use of the proposed solution. Learning Management Software Services 13 RFP #50019

16 Oral presentations and demonstrations will be scheduled at the Lottery s Headquarters office. The presentation may last no more than three hours. The presentation should begin with a brief (no longer than 10 minutes) description and background of the Finalist and any proposed subcontractors. The Finalist will then proceed to the business functionality and usability demonstration for Lottery business stakeholders (not to exceed 90 minutes). Finally, the Finalist will provide a presentation of the detailed implementation plan, and a discussion of how the Finalist proposes to provide ongoing services to assist the Lottery as it matures in its Learning Management capabilities. The Lottery will provide an Internet connection for the purpose of the demonstration. All hardware and software required to perform the demonstration must be provided by the Bidder. Bidders must provide a resume for the named Implementation Project Manager and Service Manager. The resume should be limited to no more than two pages per individual and should highlight the experience and background most relevant to this project. Evaluation Criteria for Finalist Oral Presentation and Demonstrations: Attendance and participation of key personnel. Ability of key personnel to communicate clearly. Ability of key personnel to answer questions about their background, experience, and proposed approach. Demonstrated ability to provide the required functionality, and appropriate fit with Lottery s current learning management tools, templates, and processes. Demonstrated ability to implement a hosted solution that is secure, robust, reliable, highly available and efficient. Accessibility and ease of use; intuitive user interface. Persuasive demonstration that articulates why the Finalist provides the best value to the Lottery and should be selected to provide LMS software, implementation and hosting services to the Lottery. Quality of Organizational Change Management support. Effectiveness of Bidder s approach to helping customer advance in Learning Management maturity using the proposed solution. Roadmap for continuing process improvement and maturity. III. PROPOSAL EVALUATION PROCESS All proposals and all portions not identified as Pass/Fail will be assessed using the Rating Chart below for form and content in accordance with the provisions stated in this RFP. All Bidders receiving a rating of Significantly Exceeds in the Rated Submittals evaluation will be deemed Finalists and advance to the Finalist Oral Presentation and Demonstration stage. Bidders receiving a minimum rating of Meets and above in the Rated Submittals Evaluation may, at the sole discretion of the Lottery, be advanced to the Oral Presentation and Demonstration stage. The evaluation of the proposals is as follows: A. Mandatory Submittals Evaluation (Pass/Fail): 1. Transmittal Letter 2. Technical Approach 3. Cost Proposal (Attachment 1) Learning Management Software Services 14 RFP #50019

17 4. Certification (Attachment 2) 5. Guaranty (Attachment 3) 6. DVBE Participation Program (Attachment 4 if applicable) 7. Small Business and Disabled Veteran Business Form (Attachment 5 if applicable) 8. Bidder Experience Reference Form (Attachment 6) 9. Project Team Form (Attachment 7) 10. Learning Management Worksheet (Attachment 8) 11. General Disclosures (Attachment 9) B. Rated Submittal Evaluation: Bidders receiving a minimum overall rating of Meets and above during the Rated Submittal Evaluation may have their Company references contacted at the Lottery s discretion. The overall evaluation of the Rated Criteria, Learning Management System and Process Improvement and Proposed Approach are of equal importance and individually are more important than Company Background and Experience. a. Learning Management System and Process Improvement b. Company Background and Experience c. Proposed Approach The specific criteria, used in evaluating each of the individual four rated sections, is provided in Section III.B, Rated Submittal Evaluation. Each section listed above will be rated using the following scale. Rating Chart Rating Significantly Exceeds Exceeds Meets Meets with Exceptions Does Not Meet Definition Proposal significantly exceeds performance or capability requirements; proposal demonstrates exceptional strengths that will significantly benefit the Lottery. Proposal exceeds performance or capability requirements; proposal has one or more strengths that will benefit the Lottery. Meets specified minimum performance or capability requirements necessary for acceptable contract performance. Proposal demonstrates weak performance or capability standards necessary for minimum contract performance; proposal has one or more weaknesses that offset any strengths. Fails to meet specified minimum performance or capability requirements. Proposals with an unacceptable rating are not awardable. C. Finalist Oral Presentation and Demonstration Evaluation: Bidders that receive an overall rating of Significantly Exceeds (or Meets and above, at the Lottery s discretion) during the Rated Submittal Evaluation are deemed Finalists and Learning Management Software Services 15 RFP #50019

18 will be notified to provide an Oral Presentation and Demonstration. Oral presentation by key staff and the demonstration of selected capabilities are intended to afford the Lottery the ability to clarify and verify the claims made in the Bidder s proposal in response to the requirements and to corroborate the evaluation of the proposal. The Finalist Oral Presentation and Demonstration will be rated using the Rating Chart above. Within the Oral Presentation and Demonstration, Functionality Demonstration, Usability Demonstration, and Detailed Implementation Plan are considered equally important and together will be evaluated to determine the solution that that provides the best combination of functionality and implementation support to meet the Lottery s needs. D. Price Assessment 1. Cost Proposal (Attachment 1) Only bidders that advance to the Finalist Oral Presentation and Demonstration will have their Cost Proposals evaluated. The Bidder must complete and submit Attachment 1, Cost Proposal, in its proposal for the services identified in Exhibit A, Scope of Services. For purposes of their bid only, Bidders should develop their cost proposal for the project using the assumptions and estimates provided in Exhibit B, Background. Any changes made to the Cost Proposal, including but not limited to exceptions, deletions, conditions, and additions may be a basis for rejecting the proposal. In addition to submitting the, Cost Proposal, Attachment 1, Bidders, should include a section describing their cost proposal assumptions and methodology for calculating project costs. The Lottery will assess each Bidder s cost proposal for its responsiveness to the RFP s requirements and the overall value to the Lottery as to the relative strength and weaknesses of each proposal. The Lottery will then assess cost proposals by comparing the specific proposal details from all Bidders. 2. DVBE and Small Business Participation Program(SBP) (if applicable) For Price Assessment purposes, where there is at least one DVBE Bidder or a Bidder subcontracting to a DVBE, the Lottery will calculate the appropriate preference by computing an amount not to exceed 5% from the lowest, responsible non-small Bidder. For Price Assessment purposes, where there is at least one small business Bidder or a Bidder that is subcontracting 25% to a small business, the Lottery will calculate the preference by computing an amount not to exceed 5% from the lowest, responsible bid of a non-small business Bidder. During the Contract term, the Contractor s DVBE and SBP compliance will be calculated based on the Contractor s completed work as verified by an audit of Contractor s invoices and Contractor s payments to designated subcontractors. Learning Management Software Services 16 RFP #50019

19 IV. BEST VALUE ANALYSIS For the purposes of this RFP, the best value proposal will be the proposal that provides the best overall value to the Lottery and will most likely result in a Contract that fulfills the Lottery s mandate to: 1) award contracts to the responsible supplier submitting the best value proposal that maximizes the benefits to the state in relation to the areas of security, competence, experience, and timely performance; 2) take into account the particularly sensitive nature of the Lottery; and 3) act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the Lottery. A proposal meeting the requirements of the RFP with the lowest price may not be selected if award to a higher-priced proposal, in the judgment of the Lottery, provides the best overall value to the Lottery. The Lottery may elect to pay a higher price to select a proposal that overall is exceptional and reasonably priced. As part of the best value proposal evaluation process, the Lottery may award a contract based on the proposals submitted or establish a competitive range and hold discussions with each Bidder in the competitive range. The competitive range shall be comprised of the most highly rated proposals consistent with the need for an efficient competition. If conducted, discussions will be undertaken with the intent of allowing each Bidder the opportunity to revise its proposal only in those specific areas identified by the Lottery during discussions. The discussions may include bargaining. Bargaining includes persuasion, alteration of assumptions and positions, give-andtake, and may apply to price, technical requirements, type of contract, or other terms of a proposed contract. The Lottery may indicate to, or discuss with, each Bidder in the competitive range weaknesses, deficiencies, and other aspects of its proposal such as price, technical approach, and terms that could, in the opinion of the Lottery, be altered or explained to enhance materially the proposal s potential for award. The scope and extent of discussions are a matter solely within the Lottery s judgment. V. PROPOSAL PACKAGING AND DELIVERY All proposals must be received by August 5, 2014, no later than 3:00 p.m. Fax or electronic transmissions will not be accepted. Mail or deliver all proposal responses to: Contract Development Services California Lottery 700 North 10th Street Sacramento, CA Attention: Susana Sanchez Response to RFP #50019 DO NOT OPEN IN MAILROOM Postmark date will not constitute timely delivery. Proposals received after the above date and time will not be considered. Bidders are solely responsible for ensuring timely receipt of their responses. The original proposal shall be marked "Original" and have original signatures. Any RFP attachment and/or form that requires a signature must be signed in ink (preferably in a color other than black) by a person who is identified as authorized to bind the proposing Bidder in Attachment 2, Certification Form. Learning Management Software Services 17 RFP #50019

20 Proposals shall be submitted in a sealed package(s) addressed as above and clearly identifying the Bidder making the submission. Within the sealed package(s), the Bidder shall include four separately sealed packages clearly identifying the contents and company name and address: Package 1 shall contain one original and two copies of completed Attachment 1, Cost Proposal and one copy of the Bidder s proposal response on CD. NOTE: Do not include cost proposal or price information anywhere else in proposal. Package 2 shall contain one original and two copies of the Technical Approach, Certification, Attachment 2, Guaranty, Attachment 3, and Disabled Veteran Business Enterprise Participation Program, Attachment 4 (if applicable), Small Business Program, Attachment 5 (if applicable), and Learning Management System Worksheet, Attachment 8. Package 3 shall contain one original and seven copies, in hard cover loose leaf binders, of the Bidder s rated submittals indexed, lettered and numbered as stated in Section II, Proposal Requirements, B. Rated Submittals and Evaluation Criteria. Package 4 shall contain one original and one copy, of Attachment 8, General Disclosures. Learning Management Software Services 18 RFP #50019

21 EXHIBIT A SCOPE OF SERVICES The Contractor shall provide the Lottery with a commercially available Learning Management solution (LMS), including software licenses, hosting (hosted or cloud-based Software as a Service), implementation support including configuration to meet Lottery s business processes, user training and documentation or on-line help, and annual hosting/licensing. 1. TECHNICAL REQUIREMENTS The Bidder shall provide a Commercial Off-the-Shelf (COTS) LMS software solution that is configurable, but can be used without any customization that requires initial or ongoing technical developer support. The proposed solution must be available as a hosted solution or as Software as a Service (SaaS). All software updates, upgrades and enhancements must be included as part of the subscription costs. The proposed solution must be available on-demand through the Internet and allow for access via Internet Explorer 9. The proposed solution must be compatible with the Lottery s desktop platform: Windows 7 and Office The solution must comply with and support all accessibility standards required by federal and state law including, but not limited to, the Americans with Disabilities Act, Section 508. The proposed solution must have high availability, and at a minimum must have a Service Level Agreement that guarantees % uptime during Lottery business hours: Monday- Friday, 8:00 a.m. 5:00 p.m. Pacific Time. All scheduled maintenance and planned downtime shall be during non-business hours. The Lottery must retain sole ownership of all Lottery data residing within the hosted system and be allowed full unrestricted access to said data. All data must be returned to the Lottery in a usable format upon request by the Lottery. All Lottery data shall reside solely on systems hosted within the continental United States. No Lottery data shall be stored, backed up, or collocated with the data of other organizations without prior approval by the Lottery. The vendor s data center must meet industry leading standards (Tier 3 Level and the Statement on Standards for Attestation Engagements (SSAE) 16 Audit Compliance) for Data Center physical and information security. The solution must provide role based security and allow for identifying multiple roles (e.g., executive, manager or supervisor, employee, and system administrator) and provide the Learning Management Software Services 19 RFP #50019

22 necessary functionality for each role to complete work, such as control over transactions, forms access, field updates, data queries and other types of authorizations. The solution must include auditing capabilities to ensure data integrity and accountability for accessing the system. 2. FUNCTIONAL REQUIREMENTS The proposed solution must, at a minimum, provide the following functionality, aligned with industry leading Learning Management methodologies and best practices: a. Learning Management An organization that is looking to know more, do more, and spend less must optimize its knowledge, skills and abilities of employees during their performance of business processes and transactions. To transform the perception of learning management from an expenditure of funds to a key investment in employees knowledge, skills and abilities, the future state needs to tie learning activities directly to core Human Resources (HR) personnel management initiatives and integrate related COTS applications so that they are working together to provide the best information possible to trainees and sponsoring managers. A key solution to managing the knowledge of the Lottery s human capital is to include a COTS competency model in the core HR and Project Management (PM) system. COTS solutions can leverage investments in training tools and curricula by extending these competencies to describe the purpose of the learning that is created. Training administrators define what competencies the learner attains from successfully completing a course, finishing a learning path, to gain certification of course completion. Upon completion, the COTS solution can automatically update changes to the employee s training profile to keep the competency and learning cycle up-to-date. Learning paths enable the trainee to manage his/her progress towards a learning objective through a learning path tied to specific courses targeting the employee s learning by focusing on his/her training needs for critical skills training. Learning paths on COTS solutions can be directed to follow a variety of purposes, including the employee s Individual Development Plan, role-based paths, performance remediation and career development. Managers, supervisors, and trainees can create learning paths to organize their individual learning plans and goals or direct subordinate staff to courses needed or required for professional growth and development. Traditionally, organizations have used the class room learning environment as the primary method for providing training to their workforce, customers, and partners. COTS solutions can offer online learning curricula to reach an audience outside the central training center at a reduced delivery cost. Organizations are under pressure to roll out content as quickly as possible to prospective trainees and for new employee orientation programs. Product teams, managers, and subject-matter experts are as likely as traditional curriculum developers to publish online content. To disseminate timely information directly to their employees, content assemblers can combine existing material with new content to meet the needs of different audiences, and save significant time and cost. COTS solutions enable the assembly of content that makes use of mixed media, and multiple learning modalities, to suit different learning needs and preferred learning styles. COTS solutions enable organizations to restrict enrollment to only those qualified to attend by defining enrollment prerequisites or notifying prospective applicants of space availability and class Learning Management Software Services 20 RFP #50019

23 schedule. Course and competency prerequisites ensure that learners have a minimum mandatory level of expertise prior to enrolling in a class, or are advised of recommended prerequisites that can enhance their learning experience. COTS solutions can help manage enrollment size and establish a waiting-list once a class is over-subscribed. Assessments help the training organization evaluate both the learner and the curriculum. Understanding the effectiveness of learning provides the organization with valuable feedback on whether their learning goals and objectives are being served. Information obtained from the COTS solution to assess the delivered learning can help to validate and tailor the material to map more effectively to Lottery s goals and objectives. Managing the resources necessary to deliver successful learning can be a time-consuming administrative burden. Inefficient management can delay rollouts and decrease learner satisfaction, which leads to lower adoption and therefore less knowledge. Resource management modules ensure that training administrators can place the right resources and equipment in the right places. In-Service instructors and contracted service providers may also have their own selfservice to assist in managing their schedules and classes. 1. Collects basic personal data during the registration process (e.g., name, language preference, location, and required qualifications). 2. Provides job or task requiring the employee skill set and profile. 3. Tracks and stores information on employee education and training. 4. Stores data about employee performance and merit salary reviews. 5. Updates employee competency profile with competencies acquired from training. 6. Identifies gaps between an employee s competency profile and the competency profile of his/her job. 7. Indicates employee s current and previous assignments, as well as experience and job grades. 8. Enables individuals and managers to analyze competence gaps and access learning recommendations specifically designed to fill those gaps. 9. Plans course demand for a period based on pre-bookings or actual employee attendance from previous years. 10. Tracks employee licenses, certifications, and expiration dates. b. Reporting The proposed solution must provide the ability to generate various standard, out of the box reports, as well as user defined views and dashboards for executives, managers or supervisors, employees, and system administrators. The proposed solution must have the following functionality: Reports and views with appropriate content for different user roles (e.g. executives, managers or supervisors, employees, and system administrators). Graphical representations (e.g. bubble charts, gauges, stoplights) depicting key performance indicators such as risk, financials, schedule, resources, etc. Training dashboards configurable by user. Ability for a user (role) to run a report (or view real time) a list showing all of their learning assignments (assigned to or leading). Ability to set auto-report criteria so that a certain set of reports on certain specified training can be generated on a set or recurring schedule. Learning Management Software Services 21 RFP #50019

24 Ability to generate standard and ad hoc project schedule, status, assignments, completed tasks, incomplete tasks reports. Ability to easily export data to an external tool (e.g. MS Excel). 3. IMPLEMENTATION SERVICES The Contractor will work with the Lottery s Human Resource staff and other Lottery stakeholders to configure the LMS solution as appropriate to meet the Lottery s business needs and learning management policies and procedures. This shall include: Analysis of Lottery s current Learning policies, tools and templates to configure the software as applicable. Building basic learning management forms and templates for use in the tool. Populating the software with basic training information based on the Lottery s current list of available courses or classes. Developing a road map for growth in functionality as the organizational learning management maturity increases. 4. TRAINING The Contractor will provide initial training for LMS users, including training for: Administrators, to include basic configuration, user role assignment and security maintenance, ad hoc and standard reports. Executive level overview of reporting functionality. Role-based end user training. LMS On-line or Computer Based Training (CBT) for new employees (how to use the LMS) 5. ONGOING SUPPORT AND MAINTENANCE Based on the maintenance and end user license agreement, the vendor shall provide a system that is available and meets all service level agreements. Learning Management Software Services 22 RFP #50019

25 EXHIBIT B BACKGROUND 1. INTRODUCTION The Lottery s mission is to maximize supplemental funding for California public education through the sale of lottery products. The Human Resources Division (HRD) supports the mission, goals and values of the Lottery by providing quality customer service that promotes a workplace culture that values diversity and is characterized by equitable treatment of others, open communication, accountability, trust and mutual respect. Positive strategic partnerships are achieved by working collaboratively to provide solutions to workplace issues while maintaining compliance with employment policies, laws and rules. The HRD provides services to over 700 Lottery employees in the areas of hiring, examination, payroll and benefits administration, labor relations, equal employment opportunity, health and safety/return to work, and training. The Division consists of five functional areas: 1. Personnel Services (Classification & Pay/Examinations and Transactions & Payroll) 2. Labor Relations 3. Equal Employment Opportunity 4. Health and Safety 5. Training Through a recent business process analysis, there is a strong desire and need to automate many of the currently manual and labor intensive HR processes to gain the efficiencies and effectiveness of a well-coordinated and scripted organizational environment. HRD has defined a two phase implementation schedule for its automation. The first phase will encompass the automation of the Training Unit by adopting a Learning Management System (LMS) solution. It will be followed by the implementation of the Human Capital Management (HCM) solution. The Lottery is committed to providing a continuous learning environment aimed at sustaining a high performance work culture. It is the policy of the Lottery to provide access to training and development activities and/or programs required for the performance and development of its employees. Training provided by the Lottery will be consistent with the California Department of Human Resources (CalHR) guidelines, applicable Memorandum of Understanding (MOU) provisions and available based on funding resources. The Training Requisition process includes receiving the approvals necessary to fund training, attendance at seminars/training and to document the completion of the training class, program and/or modules. Paper based, manual process is used to gain approval for courses that require payment. For no cost courses, the process is used to document supervisor approval for time and to maintain course completion in an Access Database by the Personnel Technician in the Training Unit. In order to automate its Training Unit, the Lottery is seeking to implement a COTS LMS software solution. The software solution should be easy to implement, highly configurable, and with minimum requirements for customization. The Lottery is seeking a vendor that will be a strong partner in developing a road map for growth in the LMS functionality. Furthermore, the LMS solution must be compatible with the HCM solution in the succeeding phase of HRD s automation. Learning Management Software Services 23 RFP #50019

26 2. CALIFORNIA STATE LOTTERY ORGANIZATION In 1984, voters passed Proposition 37 and created the California State Lottery. The purpose of the Lottery is to provide supplemental funding for the benefit of public education without the imposition of increased taxes. The Lottery Act (California Government Code Section 8880 et seq.) provides that the Lottery shall be initiated and operated so as to produce the maximum amount of net revenues to supplement the total amount of money allocated for public education in California. The Lottery Act also provides that the Lottery shall be operated to promote and ensure integrity, security, honesty, and fairness. The Lottery is overseen by a five-member Commission appointed by the Governor and confirmed by the Senate. A Director, who is also appointed by the Governor and confirmed by the Senate, serves as the chief administrator of the Lottery. The Lottery is organized into eight divisions which report to the Director: Executive, Finance, Human Resources, Operations, Corporate Communications, Security and Law Enforcement, Information Technology Services, and Sales & Marketing (see Figure 1). The Lottery is currently staffed with approximately 800 permanent budgeted positions, and occupies a headquarters facility, nine district offices and the Southern and Northern Ticket Distribution Centers. Approximately 450 employees work at headquarters and 350 employees work in the field locations. Learning Management Software Services 24 RFP #50019

27 Figure 1 California Lottery Organization Chart RFP #50019 Management Software Services LearningLearning Management Software Services RFP #50019

28 3. HUMAN RESOURCES DIVISION, TRAINING OFFICE The Human Resources Training Unit reports to the Assistant Deputy Director of the HRD and coordinates, develops, and administers training for the Lottery s current and future workforce. The Training Unit staff consists of five full time positions: the Training Manager, three Training Officers (AGPA s) and one Staff Services Analyst (SSA). The Training Unit fulfills its mission in the following way: Assessing departmental training needs. Developing and coordinating internal training sessions. Coordinating and monitoring mandatory training. Tracking and providing reporting on Lottery training budget. Conducting workforce & Succession Planning training, and acts as a resource to managers. Maintaining and administering Employee Recognition programs. Assisting managers in identifying and securing training resources. Communicating with Lottery staff the details of their training. Registering approved training requests. 4. CURRENT TRAINING UNIT PROCESSES The Training Request process is initiated when an employee completes a form to request training. The Training request is routed to the training unit after it has been approved by the employee s manager and by the employee s team training coordinator for accuracy. The following is a list of steps a training officer takes when the training unit receives a training request, California State Lottery form 0100 (CSL 0100): 1. The employee s total annual training hours are checked against the Training Information System (TIS-Access) to ensure they have not exceeded 80 hours of training for the year. (The TIS-Access Database requires the training officer to enter information in 30 columns.) 2. The Training Manager approves and signs the training request and returns it to the Training Officer. 3. The Training Officer enters the training request information into the TIS. 4. The Training Officer registers the employee for the course 5. Payment is made for the course if it is an outside vendor (by way of CalCard, invoice or purchase order). 6. When registration is complete and confirmation from the outside training vendor is received, the confirmation is sent to the employee and a copy is attached to the training request (hard copy). 7. Upon receiving confirmation, the Training Officer sends a meeting notice to the employee which includes course logistics as well as the training cancellation policy. 8. In the event of a cancellation the Training Officer must report in the TIS and in a cancellation report generated monthly. 9. Upon completion of training, the Training Officer sends an evaluation to the employee who will complete and send back to the training unit. 10. The results of the evaluations are entered into the TIS. 11. The training request packet is scanned and placed in the appropriate Fiscal Year folder in the training shared drive. 12. Rosters for internal courses are scanned and stored in the training shared drive. Learning Management Software Services 26 RFP #50019

29 5. CURRENT TRAINING UNIT TOOLS AND TEMPLATES The following table shows the training unit tools currently available for use by the Lottery Training Unit. Knowledge Areas Tools Form Training Requests CSL0100 Requesting Reports training budget training course summary training tracking MS Access MSExcel (TIS) MS WORDMS Outlook/ (meeting Notices) Folders on Shared Drive Internet TIS MS Excel Template Word Document Template Excel Template PDF Template Word Document Template - Publisher Template Exel Document Template Word Document Enrollment Process Training Course Information MS Outlook TIS MS Access Project Schedule Online Presenting Scanner/Printer Template WORD Document Template - PDF SharePoint 2010 Adobe Presenter MS Outlook Learning Management Software Services 27 RFP #50019

30 6. ESTIMATED LOTTERY USERS Based on the various training activities of all staff, the following estimates of Role Based Users were developed. It is not assumed that each of these categories of users is mutually exclusive. For example, the individuals in the Administrator role will also be in the Training Manager role and the Resource role; Decision Makers may also be in the Executive role. The estimated users are provided to allow the Bidder to estimate the number and type of licenses that will be required, based on the Bidder s specific licensing models. The Bidder should provide its assumptions along with their proposed price. Role Description Number of Users Administrator Ability to see all training information. 4 Ability to manage users. Ability to configure fields, reports, workflows, etc. Ability to add/delete users. Ability to manage roles. Division Training Coordinators Ability to see and actively manage teams training activity. Ability to manage team s users. 8 Division Manager/ Supervisor Ability to edit/correct requests of team. Participate in the automated project approval process. 80 Executive / Read Only Lottery Employees View project reports and dashboards. 8 All Lottery Employees. 800 Learning Management Software Services 28 RFP #50019

31 1. GENERAL PROVISIONS 1.1 Signature Authorization EXHIBIT C DRAFT CONTRACT TERMS AND CONDITIONS The person signing this Contract warrants that he/she is an agent of the Contractor and is duly authorized to enter into this Contract on behalf of the Contractor. 1.2 Initial Term of Contract The initial term of the Contract is one year. 1.3 Option to Extend The Lottery may unilaterally extend the term of this Contract under the same terms and conditions, for full services in accordance with Exhibit A, Scope of Services, for up to two oneyear extensions from the Initial Term of Contract pursuant to any limitations in the Contract, including without limitation, Attachment 1, Cost Proposal. 1.4 Emergency Extended Service At the Lottery s discretion, Contractor shall provide extended services for a period not to exceed 12 months from the effective date of the Contract termination or expiration. Services shall continue to be provided by Contractor and paid for by Lottery pursuant to the terms and conditions of this Contract. 1.5 Extended Service for Contractor Change The Lottery further reserves the right to continue operating under or further extend the initial Contract, or any extension thereof, on thirty (30) days notice for multiple ninety (90) day periods as the Lottery deems necessary for transition if a different contractor is chosen for a subsequent contract. To meet this requirement, Contractor, in consideration for entering into the Contract, shall maintain the service in a state of readiness for any such periods after the completion of the Contract. State of readiness means having the capability of extending the current Contract operations beyond the previously scheduled Contract term end date. 1.6 Full Force and Effect This Contract is of no force and effect until signed by all parties and all approvals are secured ("Execution"). Contractor operates at its own risk if it commences performance before Execution. 1.7 Amendment The parties may amend the Contract by mutual written consent and prior to the Contract expiration date. No alteration or variation of the terms of this Contract will be valid or binding unless amended pursuant to this section, and no prior oral understanding or agreement not incorporated into the Contract is binding on any of the parties. Learning Management Software Services 29 RFP #50019

32 1.8 Contractor Consideration As consideration for the compensation paid to the Contractor under this Contract, the Contractor agrees to perform all services and to fulfill all responsibilities as duly ordered and authorized by the Lottery s Contract Manager and as detailed in Exhibit A, Scope of Services. In case of any discrepancies contained in Exhibit A, Scope of Services, the Contractor shall immediately notify the Lottery s Contract Manager for interpretation. 2. RELATIONSHIP AND AUTHORITY 2.1 Contractual Relationship The California Lottery Commission ("Commission"), as the governing body of the State Lottery and Contractor agree that the Lottery Act (Government Code sections 8880 et seq.) charges the Lottery with the duty to operate "so as to produce the maximum amount of net revenues to supplement the total amount of money allocated for public education in California." Contractor acknowledges that the Commission has the authority to exercise all powers necessary to effectuate the purpose of the State Lottery Act. The Commission retains all such authority under the Contract. The Contractor agrees to be accountable and subject to the Commission and its designated administrative officers under the Contract. The Contractor agrees to be subject to all Commission policies, rules and regulations. 2.2 Authority The laws of the State of California and any federal laws applicable to the Lottery govern the Contract. Contractor agrees to be bound by all laws, regulations, guidelines, and court orders imposed upon the Lottery as they relate to the Contract. Contractor will perform its duties and obligations subject to Lottery audit and oversight and all Contract terms and conditions. Contractor will have the power and authority, consistent with the limitations herein, to act as may be necessary or desirable to properly, efficiently, fully and completely perform the Contract. 2.3 Jurisdiction and Venue The proposal process, the award procedure, and any Contract resulting from a solicitation, will be governed by and interpreted in accordance with this section. By execution of the Contract, Contractor acknowledges and specifically agrees that the jurisdiction for any action hereunder will be the Superior Court, State of California. The venue for any action hereunder will be the Sacramento County Superior Court in California. As consideration for entering into the Contract, Contractor waives access to any other court that may have concurrent jurisdiction inside or outside of California and also agrees to exhaust all remedies provided for in the Contract, or otherwise applicable before instituting any litigation relating to the Contract. 3. OBLIGATIONS OF THE PARTIES 3.1 Contract Managers The Lottery and the Contractor s Contract Manager are responsible for ensuring compliance with the terms and conditions of the Contract and, unless otherwise specified in the Contract, Learning Management Software Services 30 RFP #50019

33 shall have the authority to act for and bind the respective party in connection with the implementation of all aspects of the Contract. Whenever the Contract requires any action to be taken by the Lottery, such action shall be the sole responsibility of the Lottery s Contract Manager unless otherwise specified. Any action taken by any other employee of the Lottery in connection with the implementation of all aspects of this Contract without the specific written approval of the Lottery s Contract Manager shall be of no legal effect. The parties shall notify each other in writing within five State working days of a proposed change in a Contract Manager. Any change in Contractor s Contract Manager shall be subject to Lottery approval. 3.2 Key Personnel A. The personnel specifically identified in the Contractor s proposal as Key Personnel are considered essential to the work being performed under the Contract. Before removing, replacing, or diverting any of the listed or specified personnel, Contractor must (1) notify the Lottery s Contract Manager in writing, 30 days in advance and (2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the Contract. B. Contractor may not remove, replace or divert personnel listed in Contractor s proposal as Key Personnel, without the Lottery Contract Manager's written consent. 3.3 Licenses and Permits The Contractor must be licensed to do business in California and must obtain, at the Contractor s expense all licenses and permits required by law for accomplishing any work required in connection with this Contract. The Contractor must upon request, provide the Lottery with copies of all required licenses/permits. In the event any licenses or permits expire at any time during the term of this Contract, the Contractor agrees to renew and provide the Lottery upon request with a copy of the renewed licenses or permits. 3.4 Confidentiality of Parties Contractor must keep confidential all information and materials related to the Contract and/or obtained through the course of work, and must not disclose any such information or materials to third parties unless such disclosure is approved in writing by the Lottery s Contract Manager, specifically required by court subpoena or order, or otherwise specifically permitted by the Contract. Under no circumstance will the Lottery be liable to the Contractor or to any other person or entity for disclosing the material Contractor has designated as trade secret or confidential information. 3.5 News Releases Contractor must not issue any news releases or make any statement to the news media pertaining to this Contract without the prior written approval of the Lottery, and then only in cooperation with the Lottery. Learning Management Software Services 31 RFP #50019

34 4. GENERAL WARRANTIES AND REPRESENTATIONS Contractor warrants and represents that: A. Contractor is fully authorized and prepared to enter into and fully perform the terms and conditions of the Contract; B. Contractor has secured or will have secured at its expense, all necessary rights, clearances, permits, governmental approvals and/or licenses with respect to all material and elements embodied in or used in connection with the performance of the Contract for the benefit of the Lottery, and will maintain such rights throughout the Contract term; C. Contractor will comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to its activities and obligations under the Contract; D. The goods and services provided do not and will not, to the best of Contractor s knowledge, infringe any copyright, trademark, or other third-party owned intellectual property; and E. All services provided by Contractor pursuant to the Contract will be performed in a prompt, competent manner by properly trained individuals in accordance with the highest standards of Contractor s industry. 5. FISCAL PROVISIONS 5.1 Reduction of Funds The obligations of the parties under this Contract are subject to the availability of funds appropriated by the State Lottery Commission to the Lottery. 5.2 Frequency of Payment Contractor will be paid upon submission of an invoice, monthly in arrears, and approved by the Lottery Contract Manager. 5.3 Payment Contractor will be paid in accordance with Attachment 1, Cost Proposal. Payments will be made within 45 calendar days from date the Lottery receives an invoice, unless the invoice is disputed. All invoices will be paid minus any applicable offsets, taxes or withholds. If the Lottery determines that an invoice was improperly executed, or that additional evidence of the validity of the invoice is required, the Lottery will notify Contractor of a disputed invoice within 15 calendar days from receipt of the invoice. Once the invoice is corrected, payments will be made within 45 days from receipt of the corrected invoice. Where payment has not been issued within 45 calendar days from Lottery s receipt of an undisputed invoice, interest penalties will accrue as set forth in Government Code section If Contractor is a nonprofit organization and the value of the contract is less than $500,000, or if Contractor is certified with the Department of General Services as a small business, interest will accrue at a rate of 10% above the U.S. Prime Rate on June 30 th of the prior fiscal year. However, if the amount of the penalty is ten dollars or less, the penalty is Learning Management Software Services 32 RFP #50019

35 waived. Nonprofit organizations are ineligible to receive penalty payments if the value of the Contract is $500,000 or more. For all other businesses, interest penalties will accrue at a rate of 1% above the daily rate for the Pooled Money Investment Account on June 30 th of the prior fiscal year, but will not exceed a total rate of 15%. Penalties of $ or less are waived, as set forth in section Notice of Monies Due The Lottery will notify the Contractor in writing when and if any monies are due the Lottery. Any monies the Contractor owes the Lottery must be paid to the Lottery within forty-five (45) days after the postmark of the notice of the amount due or the amount due will be deducted from compensation otherwise due the Contractor by the Lottery. 5.5 Tax Reporting The Contractor is notified that section 6041 of the Federal Internal Revenue Code and section of the State Revenue and Taxation Code require the State to report certain payments to individuals. No claims for payment will be processed by the State without the necessary information as specified in section 6041 of the Federal Internal Revenue Code and section of the State Revenue and Taxation Code. The Contractor agrees to abide by these conditions and to provide the information requested for those tax-reporting requirements. 5.6 Withholds A. The Lottery has the right to withhold or delay payments to Contractor, in whole or in part, if Contractor fails to perform its material obligations under the Contract. B. For the last month of the Contract term, the Lottery may withhold up to 10 percent of its payments to Contractor, which will be released in the Lottery s discretion upon completion of satisfactory transfer to a new contractor. C. Should Contractor cure the performance failure giving rise to the withheld or delayed payment, the Lottery will review the matter with Contractor and determine, within its discretion, whether the Lottery will continue to withhold payment or otherwise offset money due Contractor. 5.7 Full Compensation The compensation to be paid the Contractor, except as otherwise provided herein, is in consideration for all of the Contractor's services and administrative expenses, including travel, per diem, services-related training and all applicable taxes. 5.8 Invoicing Contractor must submit invoices in triplicate on a monthly basis noting the Contract number and listing the services rendered, goods provided and reimbursement claimed. The Lottery Contract Manager will review each invoice for completeness and accuracy and either approve or dispute it. Disputed invoices shall be returned to the Contractor with an explanation. Unless disputed, payment will be made after goods and services are received. Invoices must be submitted to: Learning Management Software Services 33 RFP #50019

36 California Lottery Accounting Operations P.O. Box 778 Sacramento, CA Supporting documents must accompany invoice. Contractor is required to mark "Final Invoice" on the last invoice to be submitted to the Lottery for payment. If no final invoice is received within one hundred and eighty (180) calendar days after the termination of the Contract or expiration of the Contract by its own terms, Contractor waives the right to receive any further payments under this Contract. 6. LOSS PREVENTION A. The Contractor must acquire and maintain insurance coverage as set forth in this Section 6 and following subsections 6.1 through 6.3, and shall defend, indemnify and hold the Lottery harmless pursuant to subsection 6.4. The required policies must remain in force throughout the term of the Contract and any extensions, and copies of the policies must be provided to the Lottery upon request. Certificates of insurance for each required policy must be provided to the Lottery within ten calendar days of execution of the Contract. In addition, all certificates of insurance for renewals must be forwarded to the Lottery within ten calendar days of the policy expiration. Each insurance policy must be issued by companies rated A- minus or better by the AM Best Company, or meet the approval of the Lottery. Each policy shall contain a provision whereby the carrier must provide written notice to the insured at least 30 days prior to cancellation of the policy, except that in the case of cancellation for nonpayment of premiums or for fraud the notice shall be given no less than 10 days prior to cancellation. If the Contractor s carrier cancels any policy, the Contractor must immediately obtain a replacement policy prior to expiration of the notice period. Failure to provide and maintain any insurance or security may result in the termination of the Contract. B. The Contractor will not perform services or incur expenses until certificates of insurance for the required policies are received by the Lottery. C. The Contractor may request and receive authorization to adjust insurance liability limits. The Contractor must submit requests to adjust insurance liability limits in writing, to the Lottery Contract Manager. The Contractor shall not adjust insurance liability limits without prior written approval of the Lottery Contract Manager. 6.1 Workers Compensation Contractor must maintain Workers Compensation insurance for all of its employees who will be engaged in the performance of the Contract pursuant to the requirements of California Labor Code section Commercial General Liability or Public Liability Insurance Contractor must maintain commercial General Liability insurance with limits of at least $1 million for any one person and $1 million for any one occurrence for death or bodily injury, and $1 million for any one occurrence for property damage. The policy must also include coverage for liabilities arising out of premises, operations, independent Contractors, products, Learning Management Software Services 34 RFP #50019

37 advertising injury, and with a $2 million aggregate, personal and advertising injury and liability assumed under an insured Contract. The Policy must include the Lottery, Lottery Commission members and Lottery Officers and employees as additional named insured, insofar as the operations under the Contract are concerned. 6.3 Professional Liability aka Errors & Omissions Insurance Contractor must maintain Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Limits of not less than $1 million shall be provided. 6.4 Indemnification A. Contractor must defend, indemnify, and hold harmless, at Contractor s expense, the State of California, the Lottery, Lottery Commission, Lottery Commission members, Lottery officers, employees and agents, and their respective successors, heirs, representatives, administrators and assigns, from all responsibilities, suits, judgment, awards, costs, damages, claims, demands, actions, causes of action, expenses or liabilities of every nature threatened or brought against, sustained or incurred by any of them, whether joint, several, or individual (hereafter referred to as claims ) resulting or arising from or in any way connected with or based on the negligent, unauthorized or intentional activities of Contractor or its officers, employees, subcontractors, or agents in connection with the Contract. Contractor s obligations hereunder include any losses, damages, liabilities, settlements, judgments, fines, costs, fees, and expenses of any nature whatsoever, including but not limited to fees of attorneys and other professionals at trial and on appeal. B. Neither Contractor nor any attorney engaged by Contractor may defend against such claims in the name of the Lottery, nor purport to act as a legal representative of the Lottery, without the prior written consent of the Director of the Lottery or his/her designee. C. The Lottery may, at its election and at the Contractor s expense, assume its own defense and settlement in the event that the Lottery determines that: (i) Contractor is prohibited from defending the Lottery; (ii) Contractor is not adequately defending the Lottery s interests; or (iii) an important governmental principle is at issue and the Lottery desires to assume its own defense. D. The indemnities set forth in this subsection are in addition to, and not in lieu of, any other indemnities provided hereunder or by law. E. Contractor must provide the Director immediate written notice of any action or suit filed against Contractor that is related in any way to the Contract. 7. CONTRACT OVERSIGHT 7.1 Background Investigations and Approval of Contractor Staffing The Lottery may investigate Contractor, its officers, directors, principals, investors, owners, employees or other associates, and/or the officers, directors, principals, investors, owners, employees, and other associates of the Contractor's parent entity, subsidiaries, and/or subcontractors at any time during the life of the Contract, at the discretion of the Director of the Security Division. The Lottery may reject a bid or terminate the Contract based on the results Learning Management Software Services 35 RFP #50019

38 of these investigations as provided in California Government Code sections and Furthermore, Contractor understands and agrees that, in furtherance of the Lottery s full disclosure requirements, any person associated with the performance of the Contract may be fingerprinted and may be required to complete a Personal History Statement and an Authorization to Release Personal Background Information form. The Lottery reserves the right to disapprove any Contractor and/or subcontractor personnel assigned to the Lottery Contract. Any personnel deemed unacceptable to the Lottery shall immediately be removed from the Contract and all facilities. All subcontracts must include a provision implementing this right. The Bidder and/or subcontractor personnel shall not be assigned to the Lottery Contract if they have ever been convicted of a felony, gambling-related offense, or a crime involving dishonesty. This Contract may be subject to termination if the Contractor knowingly assigns to or fails to remove from the Lottery Contract, personnel with criminal convictions as described above. The Bidder may be required to reimburse the Lottery for necessary and reasonable costs incurred by the Lottery in conducting background investigations pursuant to the terms and conditions of the Contract; including travel, lodging, per diem, document procurement, site inspections, fingerprinting and any other necessary and reasonable expenses. 7.2 Disqualification from Lottery Play During the term of the Contract, the Contractor, any employee of the Contractor that is likely to have access to confidential Lottery information, programs, or systems, and any spouse, child, brother, sister, or parent that resides in the same house as either the Contractor or an employee described above ( Disqualified Employee ) will be deemed Disqualified Persons under Lottery Regulations. Disqualified Persons are strictly prohibited from purchasing a Lottery ticket, winning a Lottery prize, participating in Lottery promotions, and receiving Lottery promotional awards. Prior to commencement of work under the Contract, the Contractor and all Disqualified Employees must submit a completed and signed copy of the Lottery s Contractor Information Disqualified Persons form. This form requires that the name, address, and date of birth be provided for the Disqualified Persons, including those residing in the same household as the Contractor or Disqualified Employee. This information will be treated as confidential, and will be used solely to assist the Lottery s Security and Law Enforcement Division in screening out any Lottery prize or promotional award claims submitted by Disqualified Persons. During the Contract term, Contractor has an ongoing duty to ensure that the Contractor Information Disqualified Persons form remains up-to-date and that the Lottery receives a completed and signed copy of this form for any employees, new or otherwise, that will perform work that is likely to involve access to confidential Lottery information, programs, or systems. Any Disqualified Employee that fails to provide a completed and signed copy of the Contractor Information Disqualified Persons form must not be permitted to perform this type of work under the Contract. Learning Management Software Services 36 RFP #50019

39 7.3 Contractor Evaluation The Contract Manager for the Lottery and the Contractor may meet as often as necessary, but not less than once a year to review and evaluate progress and performance. The review and evaluation criteria will be established by the Lottery Contract Manager and may include but will not be limited to problems and future performance under the contract and any other subject relating to completion of tasks under this contract. The evaluation shall be written and will be provided to the Contractor within 30 days. The final evaluation of the Contractor s performance will take place within thirty 30 days of contract termination or expiration. 7.4 Small Business and DVBE Participation Monitoring The Lottery s Contracts Development Office will monitor the Contractor s Small Business and DVBE Participation, if applicable. Periodic participation reports will be required from the Contractor. 7.5 Access to Financial and Accounting Records The Contractor and its subcontractors for this Contract are required to maintain financial and accounting records and other documents and evidence, including but not limited to electronic versions, hereinafter documents, pertaining to the fulfillment of the Contract obligations in accordance with generally accepted accounting principles and other procedures that may be specified by the Lottery. Contractor must make these documents available to the Lottery upon request during the Contract term and any extensions. Contractor must retain these documents for four years from the date of final payment of the Contract. The Lottery reserves the right to audit all Contractor and subcontractor documents and procedures, as they relate to this Contract. A. The Contractor will make available to the Lottery upon request authenticated requisitions for payment (including invoices from suppliers, etc.) and proof of payment to third parties for all work and services on behalf of the Lottery's accounts. Contractor will make these items available to the Lottery upon request. B. The Contractor shall make available to the Lottery all documents relating to the Contract as well as expenses incurred by the Contractor on the Lottery's behalf for which Contractor claims reimbursement. Contractor will make all documents open to examination and inspection by an authorized representative of the Lottery at all reasonable times. 7.6 Audit Provisions - Records Audit During the Contract s term, and for four years thereafter, the Contractor must provide all duly authorized representatives of the State, Lottery or its Contractor, full access to all related Contract financial records, including access to individuals with knowledge of financial records. All duly authorized representatives of the State, Lottery or its Contractor, may examine, audit and copy all the information described in this section. Learning Management Software Services 37 RFP #50019

40 7.7 Dispute Resolution If a dispute arises out of this Contract that remains unresolved after good faith negotiations between Lottery and Contractor, the parties will submit the dispute to binding arbitration. Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be final and binding, and must be held in Sacramento County before an arbitrator who is acceptable to both parties. In the event that the parties cannot agree on an arbitrator, one will be appointed after either party petitions the court pursuant to California Code of Civil Procedure section The arbitrator s decision must be in the proper form to be entered as a judgment in a court of competent jurisdiction in Sacramento County. The parties to the arbitration will share equally in the costs of arbitration. Each party will be responsible for its own attorney s fees and costs. Notwithstanding any dispute, the Contractor must proceed diligently with performance of this Contract. In the event the parties agree on another form of Alternative Dispute Resolution to address a particular dispute, this section shall not be construed to limit the parties ability to utilize such a process. However, in any case, the Alternative Dispute Resolution process shall be considered final and binding on both parties, and no further process shall be permitted. 7.8 Notice of Delay Whenever the Contractor has knowledge that any actual or potential situation, including, but not limited to labor disputes, will delay or threatens to delay timely performance of the work under this Contract, the Contractor must immediately provide the Lottery s Contract Manager written notice including any relevant information. 8. EXPIRATION OR TERMINATION OF CONTRACT 8.1 Expiration of the Contract Absent early termination of the Contract as provided in this subsection, the Contract will expire at the end of its term and any applicable extension(s). 8.2 Termination for Default A. The Lottery may, by written notice of default to Contractor, terminate the Contract in whole or in part if: 1. Contractor fails to deliver material products within the time specified in the Contract or any extension; or 2. Contractor fails to perform to an extent that endangers performance of the Contract; or 3. Contractor fails to perform any material provision of this Contract; or 4. Contractor fails to sustain a level of economic viability in its overall operations such that the Lottery cannot reasonably be assured of its ability to continue to comply with all operational requirements of this Contract including those provisions relating to loss prevention; or Learning Management Software Services 38 RFP #50019

41 5. A court of competent jurisdiction finds that Contractor or any of its principles or assigned personnel has failed to adhere to any law, ordinance, rule, regulation or order that may reasonably impugn Contractor s business in such a way as to call into question the security, integrity or competence of Contractor to serve as a Lottery Contractor; or 6. Contractor fails to communicate on material matters with the Lottery as required by the Contract; or 7. Contractor breaches the Contract s standard of confidentiality; or 8. Contractor engages in conduct that results in a material negative public impression or creates the appearance of impropriety with respect to the Lottery, the Contractor, or the State of California; or 9. Contractor has knowingly, or acting with a reckless disregard of the truth, furnished any material statement, representation, warranty or certification to the Lottery which is false, deceptive, or incomplete. B. The Lottery may exercise its right to terminate the Contract under this subsection if the Lottery s Contract Manager notifies Contractor of the breach and Contractor does not cure it within the Lottery s established timeline. In the event of termination for breach under this subsection, the Lottery will mitigate its damages and will have the right to obtain replacement services and/or goods, on an emergency or interim basis, for the services and/or goods which the Contractor agreed to provide under this Contract. The Lottery may collect from Contractor the difference between the compensation stated in this Contract and the actual cost to the Lottery of obtaining and utilizing replacement services and/or goods. The Lottery may also collect actual costs, including administrative expenses and re-procurement costs, incurred to process and procure replacement services and/or goods. The Lottery may collect monies it is due by offsetting the amount from any payments due to Contractor, by perfecting and executing on any security interest provided pursuant any applicable section of the Contract, or by any other means. C. If the Lottery terminates the Contract for default, the Lottery may require Contractor to transfer title and deliver to the Lottery any 1) completed or partially completed goods and/or materials; and 2) license rights to any intellectual property that the Contractor has produced or acquired for the Contract, in addition to any other property in Contractor s control in which the Lottery has an ownership interest. Contractor must protect and preserve property in its possession in which the Lottery has an interest. The Lottery will pay the Contract price for completed goods or materials delivered and accepted. Contractor and the Lottery will agree on the amount of payment for goods, materials, and license rights to any intellectual property delivered and accepted by the Lottery, and for the protection and preservation of other property. Failure to agree will be a dispute subject to the section herein entitled Dispute Resolution. The Lottery may withhold from any amounts due to Contractor any sum the Lottery determines is necessary to protect the Lottery against loss because of outstanding liens or claims of lien holders. Learning Management Software Services 39 RFP #50019

42 D. The rights and remedies of the Lottery in this subsection are in addition to any other rights and remedies provided by law or under the Contract. 8.3 Termination Based on Determination of Illegality The Lottery may terminate in whole or in part and reduce Contractor s future compensation under the Contract immediately upon its determination that an activity or operation supported by the Contract is no longer lawful for reasons including, but not limited to, court decision, legislative action, administrative decision, or advice of counsel. Upon receipt of notice of termination or reduction based on a finding of illegality, Contractor must immediately cease performance of such activity or operation and mitigate its damages. The amount of compensation reduction will correspond to the cost and expected profit of the activity or operation terminated minus reasonable costs associated with the termination. Contractor must submit, within 90 calendar days of the receipt of a notice of termination or reduction pursuant to this subsection, a compensation reduction proposal. If Contractor and the Lottery fail to agree on the amount of compensation reduction, the Lottery will reduce the compensation as determined by its calculations. 8.4 Termination for Convenience The Lottery retains the option to immediately terminate the contract for the Lottery s convenience upon advance written notice to the Contractor of no less than 30 days, which notice shall include the effective date of the termination which may be 30 days or more away. Upon the termination date established in the Notice of Termination, the Contractor must cease performance and mitigate damages. Contractor will be entitled to compensation upon submission of invoices and proper proof of claim for that portion of the contract that was satisfactorily rendered or provided before the effective date of termination. The Lottery may also compensate the Contractor for expenses incurred as a result of binding commitments made in connection with the Contractor s performance of the contract. Compensation for such expenses lies within the sole discretion of the Lottery. Contractor must submit proof of such expenses incurred to the Lottery s satisfaction. In the event of termination for convenience, the Contractor must furnish copies of all materials related to performance hereunder at the time of termination. 8.5 Parties' Responsibilities Upon Termination and Transfer to New Contractor Upon termination or other expiration of this Contract, each party will assist the other party in its orderly termination and the transfer of all Contract-related assets, tangible and intangible, as may facilitate the orderly, non-disrupted business operations of each party. Contractor must continue to provide and support goods and services pursuant to this Contract until migration to a replacement Contract with a new Contractor is complete. If the migration effort is required to continue beyond the term of this Contract, Contractor agrees to extend the Contract in accordance with the section entitled Extended Service for Contractor Change for the time necessary to complete the migration and orderly transfer. Learning Management Software Services 40 RFP #50019

43 9. MISCELLANEOUS PROVISIONS 9.1 Force Majeure Neither Contractor nor the Lottery will be liable for any delay in or performance failure under the Contract due to a Force Majeure occurrence, provided that the Contractor uses reasonably diligent efforts to avoid or otherwise minimize the impact of an event of Force Majeure on the Contractor s performance. Any such delay in or performance failure will not constitute default or give rise to any liability for damages. The existence of a delay or failure will extend the period for performance to the extent determined by the Lottery s Contract Manager. For purposes of this Contract, Force Majeure means an act of God or public enemy, earthquake, fire, flood, explosion, epidemic, quarantine restriction, strike, freight embargo or closure of all major access roads to geographic area, action of the elements, governmental interference, rationing or any other cause which is beyond the control of the party affected and which, by the exercise of reasonable diligence, a party is unable to control. 9.2 Waiver of Provisions No term or provision of this Contract will be deemed waived and no breach excused, unless such waiver or consent to the breach is in writing and signed by the signatory to this Contract, or his or her successor, on behalf of the party against whom such waiver or consent is sought to be enforced. No consent by either party to a waiver or a breach by the other, whether express or implied, constitutes consent to, waiver of, or excuse for any other breach or subsequent breach except as expressly provided in the written waiver or consent. 9.3 Order of Precedence The Contract consists of three (3) documents. If there are any inconsistencies or ambiguities in this Contract, the following documents shall be used to interpret the Contract in the order of precedence: A. Terms of this Contract. B. Lottery s Request for Proposal (RFP) #50019 dated June 17, 2014, and any addenda thereto. C. Contractor s response to RFP #50019 and any clarifications/amendments submitted in response to requests by the Lottery. If there are any inconsistencies or ambiguities in the Contract, the Contract shall be interpreted by the documents in the order of precedence referenced above. Each party acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms. 9.4 Notices in General Any notice, request, demand, consent, waiver, or other item required or permitted under this Contract or applicable law must be in writing and will be deemed duly given or made only (a) if personally served upon the party intended to receive it, in which case it is effective when Learning Management Software Services 41 RFP #50019

44 delivered; or (b) if sent by certified mail, return receipt requested, postage prepaid, addressed to the party at its address set forth below, in which case it is effective on receipt by any person residing at such address; or (c) is sent by FAX with a copy sent on the same date by first class mail, postage prepaid, addressed to the party at its address set forth below, in which case it is effective as of the date of mailing. A party may change its address for purposes of this Contract only by giving written notice to the other in the manner set forth herein. LOTTERY CONTRACTOR Name: California Lottery Address: 700 North 10th Street Sacramento, CA Phone #: (916) FAX #: (916) Attention: (Name of Lottery Contract Manager) 9.5 Invalidity in Whole or in Part/Severability If any provision of this Contract is held illegal, invalid, or unenforceable under any applicable rule or law, such invalidity will not affect other provisions which can be given effect without the invalid provisions, and to this end, such provision(s) is declared to be severable. 9.6 Execution of Counterparts The parties deem an executed copy of this Contract as having the same force and effect as the original document. 9.7 Sections and Subsection Headings The Section and subsection headings contained herein are for convenience in reference and are not intended to define the scope of any provision of the Contract. 9.8 Assignment A. The Contractor may not assign any performance of or payment for the Contract or any portion of the Contract without the prior written consent of the Lottery. Any attempt by Contractor to make such assignment without the prior written consent of the Lottery will be void and will constitute a material breach of the Contract. B. The Contractor must submit requests to assign the contract in writing, to the Lottery Contract Manager. The Contractor shall not take any action to complete assignment of the contract without prior written approval from the Lottery. 9.9 Subcontracting Upon written approval from the Lottery Contract Manager, the Contractor may enter into subcontracts. The Contractor must submit a written request to the Lottery s Contract Manager of its intent to enter into each subcontract. The Contractor s written request must be received by the Lottery Contract Manager at least fifteen (15) calendar days prior to executing each Learning Management Software Services 42 RFP #50019

45 subcontract. The request must: 1) provide verification that each subcontractor agrees to be bound to Contractor in the same manner as Contractor is bound to the Lottery, 2) include a detailed description of the work to be subcontracted and, 3) a copy of each proposed, written subcontract. The Lottery Contract Manager may approve or disapprove a subcontractor at any time. The Contractor must follow the Lottery s Competitive Bidding procedures if the estimated subcontracted amount is over $100,000 or $100,000 per project if the Contractor is paid per successful completion of a project in accordance with the Price Sheet. The Lottery Competitive Bidding Procedures may be found on the Lottery s website at Nothing contained in the Contract will create any Contractual relation, whether third party or otherwise, between the Lottery and any subcontractors. Contractor agrees to be as fully responsible to the Lottery for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the Lottery's obligation to make payment to Contractor. As a result, the Lottery will have no obligation to pay or to secure payment of any moneys to any subcontractors Independent Contractor Contractor will be an independent contractor of Lottery in the performance of the Contract. Contractor will have the sole, absolute and exclusive control of the manner and means of its performance under the terms of this Contract except as expressly set forth herein Travel and Expenses The Contractor will not be compensated separately by the Lottery for travel time, mileage, meals, or incidentals Standards of Conduct The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. The Contractor is also responsible for ensuring that employees do not disturb papers on desks, open desk drawers or cabinets, or use Lottery telephones except as authorized Nonexclusive Rights Contractor understands and agrees that the Lottery does not grant the Contractor exclusive rights to provide all those services listed in Exhibit A, Scope of Services during the period covered by this Contract or any extension thereto. The Lottery reserves the right, during the Contract term, to acquire these services through another vendor. In exercising this right the Lottery shall determine, in the best interests of the Lottery and in furtherance of its purpose to maximize supplementary funds to public education, whether to obtain these services through Learning Management Software Services 43 RFP #50019

46 Contractor or through another vendor. The Lottery s good faith exercise of this right shall not constitute a breach of the Contract. 10. CALIFORNIA LOTTERY INFORMATION SECURITY STANDARDS 10.1 Information Security Information security is the protection of the integrity, availability and confidentiality of information and the resources used to enter, store, process and communicate the information. The Contractor must establish and maintain adequate security controls, policies, standards, and procedures to 1) prevent unauthorized access; 2) protect the confidentiality, integrity, and availability of Lottery information, assets and services, and; 3) protect the privacy of personal information or personally identifiable information stored, existing in real time, or in transit, associated with the contract. The Contractor must comply with applicable Lottery Information Security policies and implement controls that provide the same or higher level of protection. The Contractor must also operate in accordance with California state and federal laws related to the protection of information assets and the timely and efficient management of security incidents, including corrective action Data Confidentiality, Integrity, Availability and Management The Contractor must ensure the confidentiality, integrity and availability of the data collected or generated associated with this contract. Data will only be collected and retained for legitimate business purposes associated with the contract. All electronic Lottery protected information, whether at rest or in transit, must be encrypted with an approved FIPS or higher compliant encryption solution. All data will be confidentially destroyed or returned to the Lottery as directed by the Lottery within a mutually agreed upon date. The Contractor s data handling processes must comply with the Lottery s Information Security policies and provide the same if not higher level of protection. Copies of these policies may be provided upon request Contractor Responsibilities Information security must be ensured by the Contractor as the Contractor may have physical or electronic access to the Lottery s protected information, and this information may be contained in systems that directly support the Lottery s mission. This includes IT hardware and software, and the services associated with the management, operations, maintenance, programming and system administration of computer systems, networks, telecommunications systems, and social media. This also includes access to printed materials and other paper records. Examples of contract tasks that require information security adherence include but are not limited to: A. Access to the Lottery s protected data, legally protected data, financial data, or any commercial data that is proprietary to a third party; Learning Management Software Services 44 RFP #50019

47 B. Access to the Lottery players data, retailers data, or any other protected customer or business related data; C. Acquisition, transmission, or analysis of data owned by the Lottery with significant replacement costs should the Contractor s copy be corrupted; and D. Access to the Lottery s networks or computers at a level beyond that granted to the general public. The Contractor and all Contractor personnel must not use or redistribute any Lottery information processed, stored, or transmitted by the Contractor except as specified in the contract or upon written Lottery approval. All Contractor personnel requiring access to Lottery information, information systems, networks, or data must comply with Lottery security, privacy, and social media policies, in addition to all applicable California and federal statutes Physical Security The Contractor must take appropriate measures to prevent the loss, theft, damage and misuse of all equipment associated with the Lottery Contract and maintained by the Contractor Information Security Breach An information security breach is defined as the unauthorized acquisition of information or computerized data that compromises the security, integrity, confidentiality, privacy, or availability of information associated with the Lottery contract and maintained by the Contractor. The Contractor must comply with California Civil Code Section , et seq., applicable to any person, business, or state agency ( Entity ) that does business and owns or licenses data that contains personal information (PI), or personally identifiable information (PII). The Contractor must disclose to the Lottery any breach of the security of any information system, data, or system containing PI or PII, including a breach where the information system, data or system information was or is reasonably believed to have been acquired by an unauthorized person. The Contractor must notify the Lottery Contract Manager and the Lottery Deputy Director of Security / Law Enforcement (SLED) within two hours of any confirmed or suspected security incident or breach. If the Contractor maintains computerized data pursuant to the Scope of Work for the contract and the Contractor does not own this data, the Contractor must also notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the PI or PII was, or is reasonably believed to have been acquired by an unauthorized person. The disclosure of the breach will be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Learning Management Software Services 45 RFP #50019

48 Security Breach Contact Information: Lottery Contract Manager Name: Phone: tin Lottery Deputy Director, Security and Law Enforcement Division Phone: (800) LOTTERY Lottery Information Security Office Information Security Audit The Contractor must keep audit logs of any access or other activities associated with Lottery information. The Lottery has the right to audit the Contractor s information security controls and associated plans and processes to verify compliance with the contract. Learning Management Software Services 46 RFP #50019

49 ATTACHMENT 1 COST PROPOSAL (Page 1 of 2) Category One-Time Implementation Services Hosting Fee (Annual) Annual Licenses Fees Annual Maintenance Fees Additional mandatory costs Description Provide a fixed price for the services required for implementation management, discovery and design, initial configuration, population of the tool with the Lottery s current portfolio of projects, and training of Lottery users. The cost for the solution to be hosted at the Bidder s data center, or provided as Software as a Service. Provide a cost for licenses based on the anticipated number of users described in Exhibit B: Background. Provide details on the assumptions made and the types of licenses included in the proposed costs (e.g. Administrator, read/write, read only, time reporting only, etc.). Provide additional information if there are price breaks available based on different numbers of users. Provide annual maintenance fee if not included in the License Fees Please describe any additional costs not included in the categories above that are required for successful implementation and operation of the proposed solution. Cost Year 1 Cost Year 2 Cost Year 3 Grand Total Learning Management Software Services 47 RFP #50019

50 ATTACHMENT 1 COST PROPOSAL (Page 2 of 2) Optional Services Costs: Category Description Unit Cost / Unit Training Provide a separate cost for additional training that is recommended, but not $ included as part of the One-Time Implementation costs. Technical Support Cost for technical assistance not included as part of the One-Time Hour $ Implementation costs to configure the application, build custom reports, etc. If appropriate provide rates for different classification levels. Additional Services Provide a description of other services that are available to the Lottery, but $ are not included in the mandatory costs above. Customizations Development of custom reports, assessments, work-flow or other functionality not included in base product. Firm fixed price per approved task order (price may vary depending on task order) Approved task order I,, certify that I am authorized to sign this Cost Proposal and to warrant that prices set forth are accurate and unconditional. I further certify that these prices constitute an irrevocable offer, which the California Lottery may, at its option, accept or reject at any time within 180 days from the date that responses to this RFP were due. Bidder Signature: Date: Title Learning Management Software Services 48 RFP #50019

51 ATTACHMENT 2 CERTIFICATION (Page 1 of 6) I. BIDDER INFORMATION Name of Bidder: Address: State/City/Zip Code: Contact Person: Telephone: FAX: List person(s) legally authorized to contractually bind the Bidder. 1. (Name) (Title) (Address) 2. (Name) (Title) (Address) (Attach additional pages if needed.) II. BIDDER CERTIFICATION By executing this Certification, the Bidder acknowledges that failure to comply with any of this Certification s terms may result in disqualification from participation in the solicitation. The Bidder has reviewed, agrees to and certifies the following: a. The Bidder meets all minimum qualifications specified in the section entitled Bidder Qualifications. b. The Bidder agrees the Lottery shall not be liable for any of the costs incurred by Bidder in preparing, submitting, or otherwise participating in a response to this solicitation. c. The Bidder s response to the solicitation constitutes an irrevocable offer for 180 days following the date proposals are due to the Lottery. d. The Bidder has made no attempt to induce any other person or entity to submit or not to submit a proposal. Learning Management Software Services 49 RFP #50019

52 ATTACHMENT 2 CERTIFICATION (Page 2 of 6) e. The prices in the proposal have been developed and calculated independently, without consultation, communication or agreement on any matter relating to such prices with any other agency or competitor for the purpose of restricting competition or providing a competitive advantage. f. The Bidder has read the solicitation, understands it and agrees to comply with all Terms and Conditions. g. The Bidder agrees to provide insurance/bond coverage as described in the Contract Terms and Conditions. h. Recognizing that initial payments to the Contractor may be delayed approximately forty-five (45) days, the Bidder has sufficient resources to meet his/her obligations during this forty-five day period. III. CONTRACTOR CERTIFICATION CLAUSES By executing this Certification, the prospective Contractor or his legally authorized representative, certifies under the penalty of perjury that the prospective Contractor has reviewed and agrees to be legally bound to the following Contractor Certification Clauses. A. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) B. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. 2. Establish a Drug-Free Awareness Program to inform employees about: a. the dangers of drug abuse in the workplace; b. the person's or organization's policy of maintaining a drug-free workplace; c. any available counseling, rehabilitation and employee assistance programs; and, d. penalties that may be imposed upon employees for drug abuse violations. Learning Management Software Services 50 RFP #50019

53 ATTACHMENT 2 CERTIFICATION (Page 3 of 6) 3. Every employee who performs work pursuant to the proposed Agreement will: a. receive a copy of the company's drug-free workplace policy statement; and, b. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code 8350 et seq.) C. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code 10296) (Not applicable to public entities.) D. SWEATFREE CODE OF CONDUCT: 1. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been or will be produced or laundered in whole or in part by sweatshop labor, forced labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that it adheres to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at 2. The contractor agrees to cooperate fully in providing reasonable access to the contractor s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor compliance with the requirements under paragraph 1. E. DOMESTIC PARTNERS: For contracts executed or amended after July 1, 2004, the contractor may elect to offer domestic partner benefits to the contractor s employees. The contractor cannot require an employee, on the basis of marital or domestic partner status, to cover the costs of providing any benefits which have otherwise been provided to all employees. Learning Management Software Services 51 RFP #50019

54 ATTACHMENT 2 CERTIFICATION (Page 4 of 6) IV. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. A. CONFLICT OF INTEREST: Contractor is aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees: 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees: 1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. 3. If Contractor violates any provisions of the above paragraphs, such action by Contractor shall render this Agreement void. 4. Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. Learning Management Software Services 52 RFP #50019

55 ATTACHMENT 2 CERTIFICATION (Page 5 of 6) B. LABOR CODE/WORKERS' COMPENSATION: Contractor is aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) C. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C et seq.) D. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: 1. The Contractor certifies it is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. 2. The Contractor certifies that it is in good standing with the California Secretary of State s Office. E. AIR OR WATER POLLUTION VIOLATION: The Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. F. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. V. CONFIDENTIALITY STATEMENT A. I warrant that the Contractor/Bidder and its employees will not disclose any document, diagrams, and relative information, made available to it by the Lottery for the purpose of responding to this solicitation or in conjunction with any contract arising there from. I warrant that only those employees who are authorized and required to use such material will have access to them. Learning Management Software Services 53 RFP #50019

56 ATTACHMENT 2 CERTIFICATION (Page 6 of 6) B. I further warrant that all materials provided by the Lottery will be returned promptly after use and all copies or derivations of the materials will be physically and/or electronically destroyed. I will include with the returned materials, a letter attesting to the complete return of materials and documenting the destruction of copies and derivations. Failure to comply will subject this company to liability, both criminal and civil, including all damages to the Lottery and third parties. I authorize the Lottery to inspect and verify the above. C. I further warrant that, except where disclosure is required by law, regulation, or court order, Contractor/Bidder will not disclose information pertaining to the contract to any third party without both the written consent of the Lottery and written confirmation that the Lottery has entered into an agreement with the requesting third party, governing the receipt of any information that pertains to the contract. Where disclosure is required by law, regulation, or court order, Contractor/Bidder may disclose only the specific information demanded, will immediately provide written notice to the Lottery specifically describing the information sought upon receipt of the demand, and will request, on behalf of the Lottery, that the information be treated as confidential. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the Bidder and prospective Contractor to the clause(s) listed above and that the signature affixed below and dated constitutes a certification that all information provided by the Bidder and prospective Contractor, is true and correct as written and made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Learning Management Software Services 54 RFP #50019

57 Bidder ATTACHMENT 3 GUARANTY (Page 1 of 2) This Guaranty is to be completed and signed by the Bidder if not a subsidiary corporation (check Box A below), or if Bidder is a subsidiary corporation (check Box B below), by the parent company of the Bidder. A. In the event that the agency is not a subsidiary corporation, it will be deemed that the agency guarantees performance under any contract resulting from this RFP with the full force and credit of all its assets. B. If the agency is a subsidiary corporation, it shall have this Guaranty completed and signed by the parent corporation to guaranty the full and prompt performance of all covenants, terms and conditions, and contracts resulting from this RFP for the term of the Contract. 1. The parent company (company name) has the financial ability to meaningfully support such guaranty; 2. The official signing of this Guaranty is authorized to bind the guarantor corporation; 3. Accepts unconditional responsibility for all performance and financial requirements and obligations of the Contract; 4. For good and valuable consideration, receipt of which is hereby acknowledged, the Guarantor is making the guaranty; 5. The Guarantor stipulates that if the Contract is ultimately awarded to the subsidiary, the Lottery will do so in reliance upon the guaranty; 6. The undersigned corporate officer warrants (1) that he or she has personally reviewed all pertinent corporate documents, including but not limited to articles of incorporation, bylaws and agreements between the parent and the subsidiary; and (2) that nothing in these documents in any way limits the capacity of the parent to enter into the Contract or guaranty; 7. The Lottery need not take any action against the Bidder, any other guarantor, or any other person, firm, or corporation, or resort to any security held by it at any time before proceeding against the Guarantor and the Guarantor hereby waives any and all notices and demands which may be required to be given by any other statute or rule of law and agrees that its liability hereunder shall be in no way affected, diminished, or released by any extension of time, forbearance, or waiver which may be granted the Bidder, its successor, or assignee, and that this guaranty shall extend to and include all future amendments, modifications, and extensions of the Contract and all future supplemental and other agreements with respect to matters covered by the Contract which the Lottery Learning Management Software Services 55 RFP #50019

58 Bidder ATTACHMENT 3 GUARANTY (Page 2 of 2) and Bidder may enter into, with or without notice to or knowledge of Guarantor but Guarantor shall have the benefit of any such extension, forbearance, waiver, amendment, modifications, or supplemental obligations of Guarantor hereunder shall be coextensive with but not in the excess of the obligations of its successor or assignee under the Contract. Guarantor agrees that the guaranty shall continue in full force and effect despite any change in the legal or corporate status of the subsidiary, including but not limited to its sale, reorganization, dissolution or bankruptcy. I,, certify that I am authorized to sign and bind my company to this Guaranty. Signature of Representative Authorized to Contractually Bind Bidder OR Parent Company Date Company Name Learning Management Software Services 56 RFP #50019

59 ATTACHMENT 4 DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION Incentive Program - (Optional) (Page 1 of 4) The Lottery recognizes disabled veterans for their service by establishing a Disabled Veteran Business Enterprise (DVBE) Participation Program. The program is intended to further veterans participation in Lottery contracting, promote competition and encourage greater economic opportunity. The Lottery has established participation goals for DVBEs, as defined in Military and Veterans Code, of at least 3% of overall dollars expended for Lottery contracts annually. The Lottery determines whether to include DVBE participation requirements in specific solicitations based on the availability of contracting or subcontracting opportunities within the scope of services of the particular contract. While the Lottery has not established a DVBE participation requirement for this solicitation, in order to encourage DVBE participation, the Lottery has applied a DVBE incentive as follows: Confirmed DVBE Participation DVBE Incentive 5% or Over 5% 4% to 4.99% 4% 3% to 3.99% 3% 2% to 2.99% 2% 1% to 1.99% 1% A Bidder may achieve participation by qualifying as a DVBE and/or by contracting with DVBE subcontractors. DVBEs must perform a commercially useful function related to the bid specifications as required by Military and Veterans Code section 999 (b)(5)(b). The Lottery will determine whether Bidders have achieved qualifying levels of participation by comparing each Bidder s verified DVBE percentage to the Bidder s Price Sheet. The incentive is applied in determining the lowest monetary bid or best value by reducing the qualified Bidder s price by the amount of the incentive as computed based on the lowest price submitted by a responsive Bidder. This reduction is applied solely for evaluation purposes. However, here the Bidder with the lowest monetary bid or best value, prior to application of the incentive, is a California certified small business, only other certified small businesses will be eligible to receive the incentive bonus. If after application of incentives, two or more responsive bids tie for lowest monetary bid or best value, the contract will be awarded to the Bidder with the highest level of DVBE participation. A DVBE may also qualify as a small business if it independently meets the Small Business Participation Program requirements. (See Attachment 5) For certification purposes, a disabled veteran must be a veteran of the U.S. military, naval, or air service, have a service-connected disability of 10% or more, and reside in California. Learning Management Software Services 57 RFP #50019

60 Incentive Program - (Optional) (Page 2 of 4) To be eligible for certification as a Disabled Veteran Business Enterprise: At least 51% of the business must be owned by one or more disabled veterans; Daily business operations must be managed and controlled by one or more disabled veterans; and The home office must be located in the United States. (The home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business.) In order to count toward DVBE participation, DVBEs must be certified as such by the Department of General Services at the time the bid is submitted to the Lottery. Bidders must submit with their bids (1) a copy of the DVBE certification for each DVBE and (2) the attached DVBE forms, completed and signed as indicated. Contact the Department of General Services, Office of Small Business and DVBE Services with certification questions, or visit DGS s Website at During the term of the contract, the successful Bidder (contractor) must provide annual DVBE reports to the California Lottery s Contract Development Services Section showing DVBE participation at the levels committed to in the bid documents. In addition, the successful Bidder must provide a final report at the end of the Contract. Instructions: Bidders must complete DVBE Attachment 4 DVBE Subcontracts to be Utilized, for each DVBE subcontractor to be counted toward DVBE participation and include the form as part of their bids. [Please duplicate this page for additional DVBE businesses.] Any Bidder, who is a certified DVBE and wishes to be counted toward DVBE participation, must complete DVBE Attachment 4 DVBE- Bidder and submit it as part of its bid. For questions regarding these instructions or attachments, please contact the Lottery s Small and DVBE Program Specialist at (916) Learning Management Software Services 58 RFP #50019

61 Attachment 4 (Page 3 of 4) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) SUBCONTRACTORS TO BE UTILIZED This form must be completed and signed by the Bidder and the DVBE subcontractor to be utilized. Please duplicate this page for additional DVBE businesses. Name of DVBE Contact Person DVBE Certification # [Attach a Copy of Department of General Services certification] DVBE Address City/State/Zip Telephone Fax Goods/Services to be provided Percentage Participation % (percent of the total contract price to be paid to the DVBE subcontractor for goods and/or services identified above) By signing below, the Bidder indicates its intent to utilize the DVBE identified above as a supplier/subcontractor of the goods and/or services indicated, for the dollar amount represented by the percentage set forth above. The Bidder also certifies that all information contained herein is true and correct. This form must be signed by a person legally authorized to contractually bind the Bidder. Bidder s Authorized Signature Printed Name Date Company Name By signing below, the DVBE certifies it has submitted a bid to the above-referenced Bidder and is ready, willing and able to provide the goods and/or services identified above. This form must be signed by a person legally authorized to contractually bind the DVBE. DVBE s Authorized Signature Printed Name Date Company Name CSL 1175 (R10/2013) Learning Management Software Services 59 RFP #50019

62 Attachment 4 (Page 4 of 4) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) BIDDER Bidder must complete and sign this form if the Bidder is a DVBE and intends to count goods and/or services it provides towards DVBE participation on this contract. Bidders Name Contact Person Bidder s DVBE Certification # [Attach a Copy of Department of General Services certification] Goods/Services to be provided Percentage Participation % (percent of the total contract price represented by the goods/services to be provided by the DVBE Bidder (pass-through goods and/or services do not count)) By signing below, the Bidder indicates that it will provide the goods and/or services indicated for the dollar amount represented by the percentage set forth above. The Bidder also certifies that all information contained herein is true and correct. This form must be signed by a person legally authorized to contractually bind the Bidder. Bidder s Authorized Signature Date Printed Name Company Name Learning Management Software Services 60 RFP #50019

63 Small Business Preferences/Definition Attachment 5 SMALL AND MICROBUSINESS PARTICIPATION (SMP) (Page 1 of 6) The Small Business Procurement and Contract Act (Gov. Code Section et. seq.) requires that a fair share of the State's purchases and contracts for goods, information technology, services and construction be placed with small business or microbusiness. In order to facilitate the participation of these businesses, the Act requires state agencies to: (1) establish small business participation goals, (2) provide a 5% small business preference; and (3) provide a nonsmall business preference of up to a maximum of 5% for bidders utilizing small business or microbusiness as subcontractors. Small Business Participation Goal and Small Business or Microbusiness Bidder Preference Based upon the nature of the goods/services to be utilized under this solicitation (as outlined in the Scope of Services, Exhibit A), the California Lottery has set a Small Business Participation Goal of 25%. Bidders who qualify as a small or microbusiness have met this participation goal by virtue of their small business status. For bid evaluation purposes, where there is at least one non-small business bidder subcontracting at least 25% of its bid amount to one or more small businesses, the Lottery will calculate the preference by computing an amount not to exceed 5% from the lowest, responsible bid of a nonsmall business bidder that is not a small business, or that is not subcontracting to a small business. The preference amount will be deducted from the bids of the non-small business bidder s subcontracting at least 25% of their bid amounts to small businesses. For bid evaluation purposes, where there is at least one small business bidder, the Lottery will calculate the preference by computing an amount not to exceed 5% from the lowest, responsible bid of a non-small business bidder that is not a small business. The preference amount will be deducted from the small business bid amount. During the contract term, the contractor s SBP compliance will be calculated based on the contractor s completed work as verified by an audit of contractor s invoices and contractor s payments to designated subcontractors. Definition To be eligible for the Small Business Preference as a "small business", a company must be an independently owned and operated business, not dominant in its field of operation, with its principal place of business located in California and officers domiciled in California, and which together with affiliates is: A service, construction or non-manufacturer with 100 or fewer employees and an average annual gross receipts of twelve million dollars ($14,000,000) or less over the previous three years, or Learning Management Software Services 61 RFP #50019

64 Attachment 5 SMALL AND MICROBUSINESS PARTICIPATION (SMP) (Page 2 of 6) A manufacturer with 100 or fewer employees A manufacturer is a business that is: (1) Primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; and (2) Classified between Codes 2000 to 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. A "microbusiness" is a small business that, together with affiliates, has average annual gross receipts of two million seven hundred fifty thousand dollars ($3,500,000) or less over the previous three years, or is a manufacturer, as defined above, with 25 or fewer employees. If a proposing Bidder is currently certified as a small or microbusiness by the Department of General Services, Office of Small Business and DVBE Services, or any city, county, federal, etc. certifying office, only a copy of that certification is required (to be certified small or microbusiness, visit the DGS website at successful Bidder will be required to provide this information for the small or microbusiness enterprises to be utilized as subcontractors. The successful Bidder's small and microbusiness participation goal will become part of the contract resulting from this solicitation with the Lottery. The Lottery will monitor contractor compliance by requiring annual reports. Bidders requesting either of the Small Business Participation Preferences are required to complete and submit the required forms. (Revised 07/10) Learning Management Software Services 62 RFP #50019

65 Attachment 5 SMALL BUSINESS AND MICROBUSINESS PARTICIPATION 25% (Page 3 of 6) INSTRUCTIONS/FORMS Based on the type of goods/services sought in this solicitation, the Lottery has established a small business and microbusiness participation goal of 25% for a rating preference of up to 5%. Bidders must complete and sign the forms provided regarding the goal. If subcontracting less than the small business goal set for this solicitation (25%), bidders should state the actual percentage of participation they will provide as part of the Declaration of Compliance Form. Bidders providing less than the 25% participation goal will receive a prorated preference. General Information Bidder's Name Contact Person Telephone Fax Address City/State/Zip Small Business or Microbusiness Subcontractors to be Utilized Form Complete and sign this form for all small business and microbusiness subcontractors that you plan to utilize as part of your small business participation. Please duplicate this page for additional companies. Small Business and DVBE Program Form Complete and sign this form for all small business or microbusiness subcontractors to be utilized as part of this bid. The form should also be used if the Bidder is a small business or microbusiness requesting certification by the Lottery. This page can be duplicated. Declaration of Compliance Form Complete and sign this form certifying all the information is true and correct. This form must be signed by the person legally authorized to contractually bind the Bidder. CSL 1176 (R07/10) Learning Management Software Services 63 RFP #50019

66 Attachment 5 SMALL BUSINESS OR MICROBUSINESS SUBCONTRACTOR FORM (Page 4 of 6) Complete and sign this form for all small business and microbusiness subcontractors that you plan to utilize as part of your small business participation goal. Please duplicate this page for additional companies. Name of Subcontractor Contact Person Address City/State/Zip Telephone Fax Goods/Services to be provided Business Category Small Micro Percentage of Contract % Certifying Agency Certification # (include copy of certification document) Requesting CSL Certification Yes By signing below, the Bidder indicates its intent to utilize the small business or microbusiness identified above as part of the contract associated with this solicitation, as applicable; and also certifies that all information contained herein is true and correct. Bidder's Authorized Signature Printed Name Date Company Name By signing below, the small business or microbusiness certifies it has been contacted, and has expressed interest in participating in the contract in the area of work identified; and also certifies that all information contained herein is true and correct. Subcontractor's Authorized Signature Printed Name Date Company Name CSL 1177 (R07/10) Learning Management Software Services 64 RFP #50019

67 Attachment 5 DECLARATION OF COMPLIANCE FOR SMALL BUSINESS AND MICROBUSINESS SUBCONTRACTOR PARTICIPATION (Page 5 of 6) Complete and sign this form certifying all the information is true and correct. This form must be signed by the person legally authorized to contractually bind the Bidder. Bidder's Name: Contact Person: Telephone: Address: Fax: City: Declaration I declare under penalty of perjury that the information provided in this Attachment is true and correct. (Please check one) Our firm is a Small Business or Microbusiness Bidder Our firm is a Nonsmall Business Bidder providing for small business or microbusiness subcontracting participation of % Our firm will not participate in the Small Business Program. Executed on Month/Date/Year In the city of State of Signature Authorized Representative Printed Name Title Telephone Fax CSL 1178 (R07/10) Learning Management Software Services 65 RFP #50019

68 Attachment 5 (Page 6 of 6) Small Business Form Business Name Business Address City State Zip Code Name of Owner Telephone Number Name of Contact Person Telephone Number Business Category: Small DVBE Business Certified with: Microbusiness Certification #: Agency Name Check one that applies: Services Goods Information Technology Construction Services/Goods, etc. Provided: By signing below, the Contractor certifies that the company above meets the following conditions required for qualification as a small business: (1) it be independently owned and operated; (2) not dominant in its field of operation; (3) principal place of business be located in California; (4) the officers, in the case of a corporation, or owners in all other areas, be domiciled in California; and (5) together with affiliates is either A) a service, construction, or manufacturer with fewer than 100 employees, and average annual gross recipts of $14,000,000 or less over the 3 previous years or B) a manufacturer with 100 or fewer employees. (A micro business is the same as a small business except its average annual gross recipts must be $3,500,000 or less over the previous 3 years and it must have 25 or fewer employees.) A manufacturer means a small business that is both of the following: 1) primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; 2) classified between codes 2000 to 3999, inclusive of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. Signature of Authorized Representative Date Title CSL 0718 (R 06/12) Learning Management Software Services 66 RFP #50019

69 ATTACHMENT 6 BIDDER EXPERIENCE REFERENCE FORM Bidder s Name: Reference Company Name: Referenced Project Name: Address: Contact: Telephone: Project Description Brief Description of Project: Number of Users: Software Version (include list of installed modules if applicable): Installation Description (on premise, hosted, SaaS): List the Proposed Project Staff that Participated in the Referenced Project: Project Performance Project Start Date: Planned Completion Date: Actual Completion Date: Planned Cost: Explain Difference: Explain Difference: Actual Cost: Learning Management Software Services 67 RFP #50019

70 ATTACHMENT 7 PROJECT TEAM FORM Bidders must identify a Project Manager for the implementation phase of the project and a Service Manager for ongoing customer service support. The two roles may be filled by the same individual at the bidder s discretion. Bidder s may identify additional individuals as part of the implementation plan, training and support for the California Lottery. Title Name Role Responsibilities Project Implementation Manager Service Manager Percentage of time on project Subcontractor (Y/N) Learning Management Software Services 68 RFP #50019

71 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS The system shall provide the ability to track all required and optional training, licenses, certifications etc., per employee, by the topic, hours, cost, department, etc. The system shall provide the ability to track employee skills. The system shall provide the ability to track total hours and cost of training by employee and organization by any user defined criteria. The system shall provide the ability to maintain an ongoing history of all training/licensing activities by any organizational unit, employee, department, etc. The system shall track required training/orientation requirements, schedule, and generate letters to employees. The system shall provide the ability to track last activity date and next required action date per employee and per training and licensing requirement. The system shall provide the ability to calculate next required training/licensing date based on last activity date and training and licensing frequency requirement. The system shall provide the ability to establish default settings for training and licensing descriptions, classifications, restrictions, frequency requirements and comments. The system shall provide the ability to override default settings while working in employee training and licensing file. The system shall provide the ability to track training requirements based on effective date of training requirement. Page 1 of 10 Learning Management Software Services 69 RFP #50019

72 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS The system shall provide the ability to schedule internal and external training courses. The system shall provide automated notices of internal scheduled training courses. The system shall provide tracking for multiple types of tests, both pass/fail and scored for employees and applicants. The system shall provide the ability to automatically enroll employees in required training classes based on hiring process (for all Department required training for employees). The system shall provide the ability to compare training requirements of a classification and/or position with employee competencies/skills and determine training needs. The system shall provide automated scheduling of classrooms, instructors, and equipment. The system shall provide the ability to track instructor usage and certifications. The system shall provide the ability to track Department-delivered and subcontractor training all in one system. The system shall provide training cost allocation by any organizational unit and/or employee. The system shall provide electronic training registration with automated confirmation and wait list confirmation. The system shall provide electronic training approval routing based on user defined routing paths. Page 2 of 10 Learning Management Software Services 70 RFP #50019

73 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS The system shall provide the ability to search online course catalogs in the training module based on course description/key words. The system shall provide automated training class prerequisite checking prior to course enrollment, with the ability to override. The system shall provide the ability to maintain waiting lists for classes. The system shall provide the ability to automatically enroll employees from waiting lists into classes as space becomes available. The system shall provide the ability to confirm enrollment in classes based on user defined criteria (new enrollments or enrollments transferred from waiting lists). The system shall provide the ability to generate alternative forms of notification of class enrollment (e.g., , confirmation notice, etc.). The system shall provide the ability to route confirmation notices to employees based on post assignment. The system shall provide the ability to cancel classes with automated notice to employees of the cancellation. The system shall provide a report of all training for one employee (transcript). The system shall provide the ability to add free form notes to employee training records. Page 3 of 10 Learning Management Software Services 71 RFP #50019

74 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS 32 The system shall provide a tuition reimbursement-system that has electronic forms, electronic calculations, processing rules, payment requests, and integration to transcripts and payments and reporting capability. 33 The system shall provide affirmative action reports on training attendees. 34 The system shall provide automated notification that certifications, contracts and licenses, etc., are set to expire. 35 The system shall provide automated tracking of continuing education units (CEU) requirements for each employee based on classification, job, and position data. 36 The system shall provide class evaluation processing in both hardcopy and on-line formats. The system shall provide the ability to capture and track training goals from performance appraisal reviews. The system shall provide the ability to maintain course development data including the following: Course Title Course ID number/code number Date of last course update Course Description RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Page 4 of 10 Learning Management Software Services 72 RFP #50019

75 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Course Objectives Course Duration (by hours/days/weeks) Course Prerequisites Course Minimum/Maximum Number of Participants Facility Requirements Equipment Requirements List of available and/or certified course Instructors Ratio of instructors to students Supplier/Vendor/Source of Course, including address and phone number One Time Course Development Costs Course Expenses by organization code, by division and department at set time intervals The system shall provide the ability to manage a course schedule including the following: Schedule a class Cancel a class Reschedule an existing class Schedule a class on a cyclical basis Maintain an online calendar of classes Maintain class/course history of participation Page 5 of 10 Learning Management Software Services 73 RFP #50019

76 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Assign instructor(s) of class Assign Location of course Print a class schedule Print class sign-in sheet The system shall provide the following features: View class schedule View course descriptions Search course catalog by keywords Register an employee in a class Cancel the enrollment of an employee from a class View current registration for a class Print hard-copy attendance rosters for classes Customize class roster formats Register for a class online Register via phone for classes Obtain appropriate supervisory approval for online registration Check automatically for prerequisites Check automatically for schedule conflict (e.g., if the student attempts to enroll in two courses offered at the same time) Send or hard-copy confirmation of registration Page 6 of 10 Learning Management Software Services 74 RFP #50019

77 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Send or hard-copy reminders of class at scheduled intervals Send , create letters, or hard-copy notices of class cancellations and/or changes in schedule, location Place employees on wait lists for classes which are full Send notice to inform wait-listed employee of class availability Maintain an log of all correspondence View and print individual class schedule View and print individual training history by any user defined criteria View and print training history by work unit, division, department Create customized certificates of completion The system shall provide the ability to track required certifications and licensures, including the ability to: Enter applicable certification and licensure standards for state and federal reporting Link required certifications and licensures to job classification or position Indicate expiration dates of an employee's licenses, contracts or certifications in advance Link course schedule with certification and licensing requirements Calculate the next required class for certification or licensing based on last activity date Page 7 of 10 Learning Management Software Services 75 RFP #50019

78 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS 95 Maintain cumulative history of certification and licenses by employee, work unit, division, department 96 The system shall provide the ability to track training attendance, including the ability to: Enter employees who have completed a class, no shows, cancellations, on waiting lists Signal when employees have completed multiple required classes in a series Reschedule employees who did not attend into next available class Track employees' test scores (if applicable) Track number of times employee has taken test (if applicable) Charge back direct costs for employees to departments at multiple levels of detail The system shall provide the ability to track the number of times an employee has enrolled in a specific class. The system shall provide the ability to create training plans for individuals or groups, including the ability to: Assign training requirements (other than certifications and licensures) to job classifications and/or job titles Assign training requirements (other than certifications and licensures) for completing probation and for promotion Exempt or "grandfather" employees from courses RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Page 8 of 10 Learning Management Software Services 76 RFP #50019

79 Attachment 8 Learning Management System Worksheet INSTRUCTIONS RATING LEGEND SUP Supported as delivered "out-of-the-box" without configuration, customizations or modifications MOD Supported via modifications (screen configurations, report tailoring, etc.) Complete the worksheet by CST Supported via customizaiton (changes to source code) placing an X in the most appropriate column for FUT Will be supported in a future release each criterion. The X's NS Not supported should represent the Note: For each of the codes MOD, CST and FUT in the comments column next to this response, you current state of a particular must indicate, as applicable, the following: product or service. (More - Description of customization than one response to a - Party who will perform the work (Agency or Bidder) single requirement will be - Estimated level of effort involved in hours treated as a non response) - Estimated level of complexity (High, Medium, Low) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM FUNCTIONAL REQUIREMENTS RATING RESPONSE SUP MOD CST FUT ADDITIONAL COMMENTS NS Enter optional/elective courses for individual or group training plans View an individual or group training plan and then link to the schedule for any courses on the plan and register Capture training and development goals from performance appraisal reviews in aggregate form to determine department training and development needs. Track educational reimbursement by employee, work unit, division and department The system shall provide ability to track billing for training classes. The system shall provide the ability to flag supervisors (including actual supervisory responsibility) to determine those who are required to attend special training. The system shall provide the ability to define time frame for related events, (e.g., Training to be scheduled prior to start date; CPR/first aid training). The system shall provide the ability to define time frame for expiration-driven events (e.g., license renewals, TB testing renewals, etc.). The system shall provide the ability for employee self service access to review individual training and licensing information on file. Page 9 of 10 Learning Management Software Services 77 RFP #50019

80 Attachment 8 Learning Management System Worksheet RATING LEGEND INSTRUCTIONS SR Supported as delivered "out-of-the-box" without configuration, customizations or modifications Complete the worksheet by placing CR Supported via modifications (screen configurations, report tailoring, etc.) an X in the most FUT Will be supported in a future release appropriate column for each criterion. The NS Not supported X's should represent Note: For each of the codes CR and FUT in the comments column next to this response, you must indicate, as the current state of a applicable, the following: particular product or - Description of customization service. (More than - Party who will perform the work (Agency or Bidder) one response to a single requirement - Estimated level of effort involved in hours will be treated as a - Estimated level of complexity (High, Medium, Low) non response) - Estimated associated costs (to be included in the Cost Bid Proposal). LEARNING MANAGEMENT SYSTEM REPORTING REQUIREMENTS 1 The system shall report all required and optional training, licenses, certifications, etc. by department, employee, topic, hours, cost, date, etc. 2 The system shall report total hours and cost of training by employee by fiscal year, department, training sessions, etc. The system shall report ongoing history record of all training/licensing related activity by an organizational unit, employee, training session, etc. 3 4 The system shall report last training activity date and next required training action date per employee and per training/licensing requirement. 5 The system shall report next required training/licensing date based on last activity date and training/licensing frequency requirement. The system shall report training/licensing descriptions, classifications, restrictions, frequency requirement, comments, etc. The system shall report on training sessions by frequency, attendance, date location, instructor, etc. The system shall have the ability to track employees by funding source and location (e.g., one employee working against multiple funding sources within the same day). The system shall have the ability to track employee return to work with restrictions. The system should have the ability to perform calendar/fiscal year end or on demand mass updates on employee records based on user defined fields/criteria as identified during the design phase and as deemed necessary by the contractor, including the following: basis, calendar change, status, class code, and location RATING SR CR FUT ADDITIONAL COMMENTS NS Page 10 of 10 Learning Management Software Services 78 RFP #50019

81 CONFIDENTIAL CALIFORNIA STATE LOTTERY SECURITY/LAW ENFORCEMENT DIVISION GENERAL CONTRACTOR DISCLOSURE CSL 0829A (R 12/13/07) ( ) Learning Management Software Services 79 RFP #50019

82 CONTRACTOR DISCLOSURE INTRODUCTION Section of the California Lottery Act requires the Director, Security/Law Enforcement Division, to assure the integrity, honesty, and fairness in the operation and administration of the California Lottery. To accomplish this, the Director, Security/Law Enforcement Division, has the authority to conduct an examination of the qualifications of all prospective and current employees, prospective and current Lottery Game Retailers, and prospective and current Lottery suppliers as defined in the Section of the California Lottery Act. This includes the ability to access criminal history records and require fingerprinting. This informational form is designed to fulfill this requirement, and provide the Director, Security/Law Enforcement Division, the ability to adequately determine the contractor s or prospective contractor s qualifications. Completion of this form is a mandatory condition of contracting. Unless otherwise indicated, failure to provide all of the information requested on this questionnaire may prevent you from contracting with the California Lottery. INSTRUCTIONS Read each question carefully before answering. Type or neatly print an answer to each question. If a question does not apply, enter N/A. If the space provided is insufficient, enter the information requested on a separate piece of paper and include it with the disclosure package. Be sure to reference the number of the question you are answering. Do not misstate or omit any material fact(s). The applicant is hereby advised they are seeking the granting of a contract with the California Lottery, and that the burden of providing favorable qualification is on the applicant at all times. Each page of this questionnaire, including attachments, must be initialed by the applicant, or by a representative who has the authority to act on the applicant s behalf and can attest to the accuracy of the information. The disclosure must be signed by the same person. This form must also be notarized. All applicants are advised this Contractor Disclosure Form is an official document of the California Lottery, Security/Law Enforcement Division. Any misrepresentation or failure to reveal information may be deemed sufficient cause for the refusal or revocation of a contract with the California Lottery. PRIVACY NOTICE The California Information Practices Act of 1977 requires that this notice be provided on all state agency forms, which collect personal information. This information is being requested in order to examine your qualifications to be a contractor for the California Lottery as required by section of the California Lottery Act and to ensure compliance with section of the Act. The Information you provide will only be disclosed to those persons(s) who are authorized by law to have access. Confidentiality will be observed. The information you provide may be disclosed to other government and law enforcement agencies including, but not limited to: The State Controller s Office, Department of Motor Vehicles (DMV), Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and other federal, state and local law enforcement agencies. You have the right of restricted access to your background investigation records pursuant to Sections and of the Information Practices Act and Sections 11080, 11081, 11105, and of the California Penal Code. For further information on accessing your record, please contact the Lottery s Information Practices Act Coordinator, Business Services Section, 600 North 10 th Street, Sacramento, CA, CSL 0829A (R 12/13/07) ( ) Learning Management Software Services 80 RFP #50019

83 CONTRACTOR DISCLOSURE PAGE 1 BUSINESS INFORMATION NAME OF BUSINESS TRADE NAME/DBA STREET ADDRESS OF BUSINESS CITY STATE ZIP CODE TELEPHONE STREET ADDRESS OF BUSINESS RECORDS CITY STATE ZIP CODE TELEPHONE TYPE OF BUSINESS SOLE PROPRIETORSHIP CORPORATION (CORP) TRUST JOINT VENTURE GENERAL PARTNERSHIP LIMITED PARTNERSHIP PRINCIPAL BUSINESS ACTIVITY LIMITED LIABILITY PARTNERSHIP (LLP) LIMITED LIABILITY COMPANY (LLC) OTHER STATE OF INCORPORATION IF BUSINESS IS FORMED IN A STATE OTHER THAN CALIFORNIA, HAS THE BUSINESS QUALIFIED AS A FOREIGN ENTITY WITH THE CALIFORNIA SECRETARY OF STATE? YES NO IF YES, ENTER FILE NUMBER HERE: NAME OF PARENT COMPANY STREET ADDRESS OF PARENT COMPANY CITY STATE ZIP CODE TELEPHONE IS COMPANY: CLOSELY HELD PUBLICLY HELD ***IF PUBLICLY HELD, ATTACH MOST RECENT REPORT (10K, 10Q)*** BUSINESS ORGANIZATIONAL CHARTS: ATTACH A DIAGRAM DEPICTING DIRECT AND INDIRECT BUSINESS RELATIONSHIPS BETWEEN THE BUSINESS AND PARENT COMPANIES. DIAGRAM MUST IDENTIFY ALL COMPANIES UNTIL ULTIMATE OWNERSHIP HAS BEEN IDENTIFIED. CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 81 RFP #50019

84 CONTRACTOR DISCLOSURE PAGE 2 DIRECTOR - OFFICER LIST IF A BUSINESS IS A CORPORATION, LIST EACH DIRECTOR-OFFICER. IF YOU NEED ADDITIONAL SPACE, PLEASE MAKE PHOTOCOPIES OF THIS BLANK PAGE AND ATTACH ADDITIONAL PAGES TO THE BACK OF THIS FORM. INDICATE NUMBER OF DUPLICATED PAGES: PAGE OF (a)(1) NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 82 RFP #50019

85 CONTRACTOR DISCLOSURE PAGE 3 OWNERS- PARTNERS STOCKHOLDERS LIST ALL OWNERS-PARTNERS-STOCKHOLDERS WHO HOLD INTEREST IN THE BUSINESS OR CORPORATE STOCK. IF A PUBLICLY HELD CORPORATION, LIST THE STOCKHOLDERS KNOWN TO OWN 5% OR MORE OF THE CORPORATE STOCK. A COMPLETE CONTRACTOR DISCLOSURE MAY BE REQUIRED FOR EACH ENTITY THAT HOLDS A CONTROLLING INTEREST IN THE BUSINESS (a)(1) IF YOU NEED ADDITIONAL SPACE, PLEASE MAKE PHOTOCOPIES OF THIS BLANK PAGE AND ATTACH ADDITIONAL PAGES TO THE BACK OF THIS FORM. INDICATE NUMBER OF DUPLICATED PAGES: PAGE OF NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD NAME DATE OF BIRTH SOCIAL SECURITY NUMBER RESIDENCE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE BUSINESS STREET ADDRESS CITY STATE ZIP CODE TELEPHONE POSITION HELD PERCENTAGE OF STOCK HELD CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 83 RFP #50019

86 CONTRACTOR DISCLOSURE PAGE 4 GAMING GOODS/SERVICES HAS THE BUSINESS EVER ENTERED INTO A JOINT VENTURE OR OTHER CONTRACTUAL ARRANGEMENT TO SUPPLY ANY STATE OR JURISDICTION WITH GAMING GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO LOTTERY GOODS AND SERVICES. ( (b)(8) YES NO IF YES, PROVIDE A LIST OF THE STATE OR JURISDICTIONS IN WHICH THE GOODS OR SERVICES WERE PROVIDED, INCLUDING A DESCRIPTION OF THE GOODS OR SERVICES PROVIDED AND THE DATES. A B C D E F DATE STATE/JURSIDICTION GOODS AND SERVICES PROVIDED TERM OF CONTRACT LEGAL PROCEEDINGS HAS THE BUSINESS, ANY OWNER, OFFICER, DIRECTOR OR STOCKHOLDER OF THE BUSINESS, OR, IN THE EVENT OF A PUBLICLY HELD CORPORATION, THOSE STOCKHOLDERS OWNING 5% OR MORE OF THE CORPORATE STOCK, EVER BEEN CONVICTED IN A STATE OR FEDERAL COURT OF ANY GAMBLING RELATED OFFENSE OR CRIMINAL OFFENSE OTHER THAN A TRAFFIC VIOLATION? ( (b)(4) YES NO DEFENDANT(S) NAME, NATURE OF PROCEEDINGS. PROVIDE DATE POSITION HELD IN BUSINESS COURT LOCATION, CITY & STATE DOCKET #/CASE/FILE/OTHER IDENTIFIER A B C D E F CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 84 RFP #50019

87 CONTRACTOR DISCLOSURE PAGE 5 LEGAL PROCEEDINGS HAS THE BUSINESS EVER BEEN A DEFENDANT OR RESPONDENT IN ANY OF THE FOLLOWING: ( (b)(10) YES NO IF YES, PROVIDE SPECIFICS OF EACH INCIDENT AS WELL AS THE CURRENT STATUS/DISPOSITION. ANTI-TRUST CASE TRADE REGULATION VIOLATIONS SECURITY JUDGEMENTS LICENSE DENIALS, SUSPENSIONS OR DISPLAINARY ACTION ANY TAX LIENS FRANCHISE TAX BOARD SUSPENSIONS HAS THE BUSINESS EVER BEEN THE SUBJECT OF A BANKRUPTCY, INSOLVENCY OR REORGANIZATION OR ANY JUDGEMENT OR PENDING LITIGATION INVOLVING FRAUD OR DECEIT? ( (b)(5) YES NO IF YES, PROVIDE THE INFORMATION REQUESTED BELOW. PROVIDE, ON A SEPARATE PIECE OF PAPER, A DETAILED EXPLANATION OF THE ALLEGATIONS. INCLUDE SPECIFICS AS TO THE CURRENT, KNOWN STATUS OF THE PROCEEDING. A B C D E F DATE DOCKET # NAME, ADDRESS PRESIDING COURT NAME, ADDRESS FILING PARTY NAME, ADDRESS OF TRUSTEE CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 85 RFP #50019

88 CONTRACTOR DISCLOSURE PAGE 6 DONATIONS LIST ALL REPORTABLE CONTRIBUTIONS BY THE BUSINESS TO ANY LOCAL, STATE OR FEDERAL POLITICAL COMMITTEE IN CALIFORNIA FOR THE PAST FIVE YEARS THAT IS REPORTABLE UNDER ANY EXISTING STATE OR FEDERAL LAW. ( (b)(7) CANDIDATE S NAME CANDIDATE S OFFICE/JURISDICTION DATE OF CONTRIBUTION AMOUNT CONTRIBUTED A B C D E F G H SUBCONTRACTORS LIST ALL KNOWN SUBCONTRACTORS THE BUSINESS INTENDS TO UTILIZE WITH THE CSL CONTRACT IF AWARDED THE CONTRACT. LIST THE NAME(S), ADDRESS(ES), AND CONTACT PERSON(S) FOR EACH SUBCONTRACTOR. IDENTIFY IN DETAIL THE SERVICE EACH SUBCONTRACTOR IS TO PROVIDE, INCLUDING THE MONETARY VALUE OF THE SUB-CONTRACT. ALSO PROVIDE COPIES OF PERTINENT AGREEMENTS MADE WITH EACH SUBCONTRACTOR. ( (a)(7) CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 86 RFP #50019

89 CONTRACTOR DISCLOSURE PAGE 7 ATTACHMENT CHECK LIST PLEASE ATTACH COPIES OF THE BELOW LISTED DOCUMENTS TO YOUR DISCLOSURE PACKAGE. PLACE N/A TO THE LEFT OF THE DOCUMENT NAME IF THE DOCUMENT DOES NOT APPLY. FAILURE TO PROVIDE A REQUIRED DOCUMENT MAY BE DEEMED SUFFICIENT CAUSE FOR REJECTING A BID. Initial Formation/Registration Documents (Articles of Incorporation/Organization, Certificate of Limited Partnership, LLP Registration, etc ) All Amendment Documents Annual Statement of Information (last change and current, if current reports no change of information) (Corp or LLC Only) Corporate Disclosure Statement (Publicly Traded Corp) Partnership Agreement (Limited and General Partnerships) Trust Agreement Joint Venture Agreement Charter By Laws Organization Chart Annual Reports Quarterly Reports Interim Reports Financial Reports (last 3 years) Bankruptcy Filings, Receivership Proceedings CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 87 RFP #50019

90 CONTRACTOR DISCLOSURE PAGE 8 STATE OF: COUNTY OF: I,, have read the foregoing disclosure documentation and know the contents thereof; that the statements contained herein are true and correct and contain a full and true account of information requested; that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested may be deemed sufficient cause for rejecting the submitted bid. Further, that I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for denying or canceling a contract. I also understand that public disclosure of this application is governed by the California Public Records Act, which law mandates disclosure of this application, upon request, except for information concerning personal worth, personal financial data, criminal history, military discipline, and personal information such as home telephone number, home address, social security number, driver s license number, etc. I swear under penalty of perjury that the foregoing is true and correct. Signature of Applicant Subscribed and Sworn to before me this day Of, 20. Notary Public (SEAL) CSL 0829A (R 12/13/07) ( ) INITIALS: Learning Management Software Services 88 RFP #50019