QUOTATION/BID DUE DATE: February 11, 2011, no later than 2:00 p.m. PT STATE OF CALIFORNIA REQUEST FOR QUOTATION FOR INFORMATION TECHNOLOGY SERVICES Responses must be delivered to the California Franchise Tax Board (FTB) no later than 2:00 p.m. Pacific Time (PT) on the quotation/bid due date. Bidder name and address: SOLICITATION NO. RELEASE DATE RFQ FTB-1011.1-ISP January 11, 2011 Delivery Date: August 1, 2011 Contact: Phone: Email: Fax: For further information contact: John Bajar (916) 845-7436 john.bajar@ftb.ca.gov Ship To: Franchise Tax Board Service and Supply 9646 Butterfield Way Sacramento, CA 95827 Name (Print): 4 Title: 4 Signature: 4 Date: California Corporation Number: 4 * If Bidder does not posses a California Corporation Number, indicate None or N/A. Return final quotation/bid to: Franchise Tax Board HAND DELIVERY or UPS/FEDEX/DHL *: Procurement and Asset Management Attn: John Bajar 9646 Butterfield Way Sacramento, CA 95827 *Please make arrangements with the contact listed above to schedule a specified time for hand delivered final quotations/bids. OR FACSIMILE (FAX)**: (916) 845-3599 **Please note the following two items: 1) The State reserves the right to consider authorized facsimile quotations/bids as properly sealed if received prior to the closing time specified, provided that a hand-written signature is shown on the facsimile. (System generated signatures are not acceptable forms of signatures.) 2) If facsimile transmission of the quotation/bid is acceptable and the bidder chooses to transmit their quotation/bid via facsimile, the bidder understands and agrees that the State will consider only those portions of the quotation/bid received prior to the closing time specified; any pages received after that time, regardless of when sent, will not be considered. The State shall not be responsible for any delays in fax quotations/bids due to technical problems on either the bidder or State s equipment (e.g. busy fax machine, etc.). Key Action Dates: 1. Release of Request For Quotations (RFQ)- January 11, 2011 2. Mandatory Bidder s Conference and Site Walkthrough January 26, 2011 at 9:00 AM PT 3. Last Day to Submit Questions for Clarification of the RFQ- February 3, 2011 (COB) 4. Final Contractor Bid Due February 11, 2011 (No later than 2:00 p.m. PT) 5. Selection Evaluation Review February 11, 2011 February 17, 2011* 6. Notice of Intent to Award February 18, 2011* 7. Contract Award February 28, 2011* 8. Commencement of Contract Services March 1, 2011* 9. Acceptance Period July 1, 2011 July 31, 2011* 10. Begin Delivery of ISP Services August 1, 2011* *These dates are subject to change without notice or addendum to this RFQ. Bidder quotation/bid responses received via email will be rejected and deemed nonresponsive. Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DELCARATIONS UNDER PENALTY OF PERJURY; By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct. Your signature affixed hereon and dated certifies that you have met all California required tax filings and have no outstanding tax obligations. Your signature authorizes the verification of this certification. Your signature affixed hereon certifies that you have met all requirements, specifications, and certifications of this quotation/bid solicitation. 1
REQUEST FOR QUOTATION -CONTINUATION- Quotation/Bid Requirements: Bidder Name: Solicitation No. RFQ FTB-1011-ISP Rev. 1 1. Delivery Final delivery, inspection and acceptance shall be at the location described herein. 2. Quotation/Bid Award: Responses to this RFQ will be awarded contingent upon evaluation of the lowest cost quotation/bid received from responsive and responsible bidders, as specified in this document. Responses to this RFQ will be awarded contingent upon evaluation of the Grand Total of Charges for the 2 Years + 1 Year Option received from responsive and responsible bidders, as specified in the Cost Detail Worksheet Attachment 3. The State following award of will execute a Contract (Std. 213). 3. Cash Discounts: Cash discounts will not be considered when evaluating quotation/bid responses for award purposes. However, cash discounts may be offered and taken by departments processing invoices within the timeframe specified. 4. Shipment: For the purposes of this solicitation, only quotation/bid responses quoting F.O.B Destination will be accepted. 5. Inquiries/Questions: Written questions must be received by February 3, 2011 by close of business (COB). Please submit written questions to John Bajar at the following email address: john.bajar@ftb.ca.gov. 6. Bidders Instructions and IT General Provisions: The attached Bidders Instructions and IT General Provisions have recently been revised. Please read carefully. 7. Quotation/Bid Attachments: Quotation/Bid responses that reference a Bidder s own terms and conditions or provisions will be considered non-responsive and will be rejected. 8. RFQ Response Requirements: This RFQ and the Bidder s response to this document will be made part of the ordering department s Contract (Std. 213) and procurement contract file. Responses must contain all requested information and data and conform to the format described in this section. It is the Bidder s responsibility to provide all necessary information for the State to evaluate the response, verify requested information and determine the Bidder s ability to perform the tasks and activities defined in the State s documents. It is also the Bidder s responsibility to ensure that all personnel proposed meet the minimum requirements. The entire submittal will be considered the quotation/bid response. 9. Verification of California Tax Status: Acceptable verification results are required prior to contract award. 10. Important Note: Only quotations/bids quoted on the State s own bid forms will be considered. Quotations/Bids shall be submitted in a sealed envelope/package with the solicitation number and the quotation/bid due date and time clearly marked on the outside of the envelope/package (See Attachment 9 for quotation/bid Response Label). 11. Mandatory Bidders Conference: A mandatory Bidder s Conference will be held for. The Bidders Conference will be held on January 26, 2011 at 9:00 AM PT at FTB s Central Office (Town Center), located at 9646 Butterfield Way, Sacramento, CA 95827. Please contact the Department Contact listed on the face of the RFQ to be added to the distribution list for details on the Bidder s Conference. Important Note: No Bidders will be allowed admittance to the Mandatory Bidders Conference after 9:15 AM PT. 12. Customer References: The prospective Contractor must provide a minimum of three (3) references, at least one (1) of which demonstrates the Contractor s capability to successfully deliver comparable services to those identified in the Statement of Work ISP Requirements (Attachment 1) of this RFQ. A comparable reference must illustrate an Entity that: 1) employs a minimum of 3000 employees; 2) maintains e-commerce applications available to the general public; 3) maintains and conducts Entity operations throughout a peak season that will occur annually and; 4) administers secure transactions. Reference #1: Name of Company (Former/Existing Client): Name of Contact Person: Phone Number (Include Area Code): Date Products Purchased: 2
Examples of Same and/or Similar Products: Reference #2: Name of Company (Former/Existing Client): Name of Contact Person: Phone Number (Include Area Code): Date Products Purchased: Examples of Same and/or Similar Products: Reference #3: Name of Company (Former/Existing Client): Name of Contact Person: Phone Number (Include Area Code): Date Products Purchased: Examples of Same and/or Similar Products: If a negative response is received from a customer reference, your quotation/bid may be rejected. Responsible Bidder: The Franchise Tax Board may require Bidder(s) to submit evidence of their qualifications at such times and under conditions, as it may deem necessary. The question of whether a particular Bidder is a responsible bidder may involve an evaluation of the Bidder s experience, type of facility, expertise or financial resources regarding the particular items requested by the pertinent solicitation. If a Bidder has been determined to be non-responsible, the quotation/bid shall be rejected. New Equipment: All equipment to be provided in response to a State of California solicitation shall be new and latest model in current production. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. 3
REQUEST FOR QUOTATION -CONTINUATION- Bidder Name: Solicitation No. RFQ FTB1011-ISP Rev. 1 Productive Use Requirements: The objective of the Productive Use Requirements is to protect the State from being an experimentalist for new equipment and software that has no record of proven performance. Customer In-Use The purpose of the Customer In-use requirement is to allow time for the Bidder to correct defects that could prevent new equipment and software from performing correctly in support of State programs. The State requires that each equipment and software component proposed as part of an automated system must have been installed and in productive use, in substantially the conformation bid, for a paying customer external to the bidder's organization, for at least the number of months shown in the table below prior to the required dates of installation and bid submission. Please note: The following table is informational in support of the Productive Use and Customer In-Use requirements. Bidders are not required to complete or submit the below table as part of their quotation/bid submission: Product Critical software, regardless of cost, (that without which application programs cannot run; i.e., operating systems, DBMSs, compilers, or communication control programs) to operate on or control computers or microcomputers (also bids of multiple computers), or peripheral equipment, for which the project cost is: Installation Bid Submission (1) More than $100,000 8 months 6 months Category 2 - All Information Technology Equipment and Non-critical Software Information technology equipment is defined in SAM Section 4819.2. (1) More than $100,000 6 months 4 months Substantial design changes in required system control modules or in components critical to the processing requirements of the State's workload are also subject to the In-use requirement. Increases or decreases in numbers of components or minor alteration in equipment or minor modifications or updates to software to provide improvements or features, to correct errors, or to accommodate hardware changes may be exempt from the In-use requirement by the Department of General Services, Procurement Division, if no substantial changes in logic, architecture or design are involved. Facsimile (FAX) Bids: Facsimile machine (fax) bids will be considered only if they are sent to (916) 845-3599. Quotations/Bids sent to any other fax number will not be considered. To be considered, all pages of a faxed bid must be completely received prior to the quotation/bid due date and time specified in this solicitation. Please be advised that there is a heavy demand placed on the fax machine receiving quotations/bids, and the State assumes no responsibility if a bidder cannot transmit their quotation/bid via fax, or it the entire quotation/bid is not received prior to the quotation/bid due date and time. Payee Data Record: The successful bidder will be required to submit a Payee Data Record, Std. Form 204 listing their Taxpayer Identification Number. Payee Data Record (Std. 204) - http://www.documents.dgs.ca.gov/osp/pdf/std204.pdf Seller s Permit: If applicable, please note that award will be conditional on providing the following document prior to award: You must provide your company s California retailer s seller s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California s State Board of Equalization (BOE), pursuant to all requirements as set form in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code. In order to expedite the process of verifying the validity of the permit, provide the BOE permit number in the space provided below (or attach a copy of the permit with your bid.) BUSINESS ENTITY NAME SELLER S PERMIT NUMBER 4
REQUEST FOR QUOTATION -CONTINUATION- Bidder Name: Solicitation No. RFQ FTB1011-ISP Rev. 1 Small Business Regulations: The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus). Access the regulations by Clicking on Small Business Regulations in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940. Non-Small Business Subcontractor Preference: A five percent (5%) bid preference is available to a non-small business (NS) claiming twenty-five percent (25%) California certified small business (SB) subcontractor participation. If claiming the NS subcontractor preference, the bid response must include a list of the SB(s) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net price with one or more California certified SBs. Each listed certified SB must perform a commercially useful function (CUF) in the performance of the contract as defined in Government Code section 14837(d)(4). The required list of California certified SB subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, and 5) the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. Completion of the Bidder Declaration serves this purpose. See Attachment 4 for the URL to the above referenced Bidder Declaration Form. Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified SBs. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940. Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation. Attachment with bid required if claiming the Small Business Preference: All bidders must complete and include the Bidder Declaration form GSPD-05-105. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-give percent (25%) of the net bid price. All certified small businesses must perform a commercially useful function in the performance of the contract as defined in Government Code Section 14837(d)(4). See Attachment 4 for the URL to the above referenced Bidder Declaration Form. Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940. Declaration Forms: All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the quotation/bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) should also submit a completed form(s) Std. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). If applicable, bidders should complete the Std. 843 - DVBE Declarations and include it with the quotation/bid response. If the Std. 843 is not included in the bid the department must obtain the completed document(s) prior to contract award. See Attachment 4 for the URLs to the above referenced Declaration Form. At the State s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for quotation/bid rejection. 5
REQUEST FOR QUOTATION -CONTINUATION- Bidder Name: Solicitation No. RFQ FTB1011-ISP Rev. 1 California Disabled Veteran Business Enterprise (DVBE) Program Requirements: The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in State contracts. Please review the attached DVBE program requirements package. Bidders must complete and return all the appropriate pages in order for the quotation/bid to be considered responsive. For the purposes of this solicitation, the DVBE program requirements have been waived; However, the DVBE Bid Incentive will still be applied (see below). Disabled Veteran Business Enterprise (DVBE) Bid Incentive: Important Note regarding the DVBE Bid Incentive The following DVBE bid incentives will be applied for the purposes of this solicitation. In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price. Please note if you would still like to subcontract with a DVBE, FTB will apply the DVBE Bid Incentive with the percentages stated below. Confirmed DVBE Participation of: DVBE Incentive: 3.1% and Above 5% 3.0% 3% 2.0% to 2.9% 2% 1.0% to 1.9% 1% Please refer to and complete the Bidder Declaration on Attachment 4 for listing any subcontracting opportunities. Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed 15% or $100,000, whichever is less. Payment Methodology: In consideration of the performance of the foregoing in a satisfactory manner, the FTB agrees to pay the Contractor for services rendered, in arrears, upon receipt of an itemized invoice, for the period of this agreement. Invoices shall be submitted in triplicate, clearly referencing this agreement, and mailed to: Franchise Tax Board Attn: Fiscal Accounting P. O. Box 2800 Sacramento, CA 95812-2800 Award of Contract: Award of contract, if made, will be in accordance with the RFQ information on Quotation/Bid Award to a responsible Bidder whose quotation/bid complies with all the requirements of the RFQ documents and any addenda thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award. The State reserves the right to determine the successful Bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in the State's RFQ. Unless the bidder specifies otherwise in its quotation/bid, the State may accept any item or group of items of any quotation/bid. The State reserves the right to modify or cancel in whole or in part its RFQ. 6
REQUEST FOR QUOTATION Bidder Name: -CONTINUATION- Public Works/Prevailing Wage Requirements (Applicable to Installation Only) Solicitation No. RFQ FTB1011-ISP Rev. 1 The general prevailing rate of wages tabulated hereinafter for the county in which the work is to be done has been obtained from the Department of Industrial Relations by FTB. Included therein are employer payments for health and welfare, vacation, pension, apprenticeship or other authorized training programs, and similar purposes. Holidays shall be as defined in the collective bargaining agreement applicable to the labor classification(s) employed on the project. Prevailing Wage Rates are on file with: Franchise Tax Board John Bajar Contract Administrator (916) 845-7436 1. In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment of materials purchased under the contract. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is required to be posted at the job site. Contact the Department of Industrial Relations, Prevailing Wage Unit at (415) 972-8628. 2. Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on STD 807 when the contract involves a public works expenditure (labor/installation costs) in excess of $5,000.00. Such bond shall be in a sum not less than one-half the contract price for the public works portion of the labor/installation costs. Forms will be made available to the Contractor. 3. Each participating bidder must certify that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing with the performance of work of this contract. A Workers Compensation Certification must be completed and submitted with an original signature with the bidder s Final Bid. (See Attachment 7) 4. Laws To Be Observed a) Labor Pursuant to Section 1775 of the California Labor Code, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid by the Contractor, or its subcontractor, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of Sections 1810-1815 of the California Labor Code, inclusive. b) Travel and Subsistence Payments The Contractor shall pay the travel and subsistence of each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with California Labor Code Section 1773.8 c) Apprentices Special attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. Each Contractor and/or subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to insure compliance and complete understanding of the law regarding apprentices and specifically the required rationale thereunder. Responsibility for compliance with this section lies with the prime Contractor. d) Payroll The Contractor shall keep an accurate payroll record showing the name, address, Social Security Account Number, work classification and straight time and overtime hours worked by each employee. A certified copy of the employee s payroll record shall be made available for inspection as specified in Section 1776 of the California Labor Code. 7
REQUEST FOR QUOTATION Bidder Name: Solicitation No. Rev. -CONTINUATION- RFQ FTB1011-ISP 1 Confidentiality of Data: All financial, statistical, personal, technical and other data and information relating to the State s operation which are designated confidential by the State and made available to the Contractor in order to carry out this agreement, or which become available to the Contractor in carrying out this agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor s data and information are deemed by the State to be adequate for the protection of the State s confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractor s possession, is independently developed by the Contractor outside the scope of this agreement, or is rightfully obtained from third parties. Any data or information, which the State identifies to the Contractor to be confidential, will be treated in the following manner: a. Any employee, agent or representative of the Contractor whose duties require access to such data or information, or to any equipment or device which contains such data or information, will be required to sign a Confidentiality Statement (FTB Form 7904) prior to contract award. b. When Contractor exercises the option to replace defective parts of any equipment or device containing confidential data, Contractor will certify to the State that all such data contained therein has been destroyed and is no longer readable. Any hard copy printouts created during testing or servicing of equipment or devices, which disclose any confidential data, or information will be destroyed by the Contractor in accordance with Internal Revenue Service specifications, or will be given to the State for proper disposal. Protests: Any Bidder s issues regarding solicitation requirements must be resolved (or attempts to resolve them must have been made) before a protest may be submitted according to the procedure below. These issues will first be resolved by the contact for the solicitation or if they result in a protest, the protest will be submitted to DGS Procurement Division Deputy Director to hear and resolve issues and whose decision will be final. If a Bidder has submitted a bid which it believes to be totally responsive to the requirements of the RFQ and to be the bid that should have been selected according to the evaluation procedure in the solicitation section on Evaluation and the Bidder believes the State has incorrectly selected another Bidder for award, the Bidder may submit a protest of the selection as described below. Protests regarding selection of the successful vendor will be heard and resolved by the Victim Compensation and Government Claims Board whose decision will be final. All protests of award must be made in writing, signed by an individual authorized to bind the Bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to: Street and Mailing Address: Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611 All protests to the RFQ or protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the DGS Procurement Division Deputy Director as promptly as possible, but not later than the date indicated in the Notification of Intent to Award. Certified or registered mail must be used unless delivered in person, in which case the protester should obtain a receipt of delivery. Attachments: The following documents are considered part of this solicitation and those denoted by an asterisk (*) must be returned with the quotation/bid response or the quotation/bid may be considered non-responsive and rejected: 1. Attachment 1 - Statement of Work (SOW) and Response Requirements* 2. Attachment 2 - FTB Site Demarcation Points 3. Attachment 3 Cost Detail Worksheet* 4. Attachment 4 - Declaration Form: Bidder Declaration - GSPD-05-105*. 5. Attachment 4 - Declaration Form: (IF APPLICABLE) DVBE Declarations - STD. 843. 6. Form GSPD-451, Bidder Instructions, Effective 8/03/07/ Form GSPD-451, Bidder Instructions, Effective 7/01/10 ADA Version 7. General Provisions (Form 401IT) URL provided ( IT General Provisions (Revised and Effective 06/08/2010) /ADA Compliant Version) 8. Information Technology Purchase Special Provisions, effective 02/08/07 ADA Compliant version 9. Preferences (If applicable) - Target Area Contract Preference Act*, Local Agency Military Base Recovery Area*, Enterprise Zone Act* (URLs provided in Attachment 5) 10. Attachment 6 Workers Compensation Certification* 11. Attachment 7 Acceptance Testing Criteria 12. Attachment 8 - Response Label (Optional Use) 8
REQUEST FOR QUOTATION -CONTINUATION- Bidder Name: Solicitation No. RFQ FTB1011-ISP Rev. 1 Bidder Checklist for Quotation/Bid Submission: In order for the quotation/bid to be acceptable, the following documents must be completed and included with your submitted quotation/bid response: 1. Bidder Information, indicates handwritten signature by designated representative (Page 1) 2. Customer References (Pages 2-3) 3. Attachment 1 Statement of Work, ISP Requirements (Pages 1-4) 4. Attachment 4 - Bidder Declaration - GSPD-05-105 5. Attachment 3 Cost Detail Worksheet 6. Attachment 5 - Preferences (If applicable) Target Area Contract Preference Act, Local Agency Military Base Recovery Area, Enterprise Zone Act 7. Attachment 6 Workers Compensation Certification The following documents should be completed and included with your submitted quotation/bid response, however if they are not they must be obtained from the successful bidder prior to contract award: 1. Declaration Form - DVBE Declarations - STD. 843 2. Payee Data Record - STD. 204 3. Seller s Permit (if applicable) 9
RFQ FTB1011-ISP Attachment 1 Statement of Work ISP Requirements OVERVIEW The Franchise Tax Board (FTB) is seeking an Internet Service Provider (ISP) per the terms and conditions of solicitation RFQ FTB-1011.1-ISP. The Contractor MUST meet all the requirements of the solicitation and provide services, in parallel with the existing Internet Service Provider, to ensure a smooth transition with minimal interruption in service. Currently, FTB utilizes an Optical Carrier-3 (OC-3) Internet connection service with a 30 Mbps floor (minimum) and burstable up to 155 Mbps, a dedicated OC-3 local access service, a geographically diverse backup Digital Signal- 3 (DS-3) connection with a 3 Mbps floor burstable to 45 Mbps, and Net Trends. The Contractor should expect to provide services up to 2 years with the possibility of a 1 year extension. In compliance to the Executive Order S-03-10 (specifically Network Consolidation/CGEN), FTB expects to begin planning for migration to California Government Enterprise Network (CGEN) starting in the FY2011/2012. Since CGEN encompasses such a large scale, FTB expects to complete the migration before the end of the CGEN project. MANDATORY REQURIEMENTS Select Yes or No for all items indicated in sections 1.0 (Internet Service), 2.0 (Local Transport - Primary Internet Service) and 3.0 (Network Performance & Management) and provide any documentation requested. Answering No to any of the mandatory requirements indicated in the ISP Requirements shall be considered a material deviation and shall cause the Bidder s RFQ Response to be rejected as nonresponsive. Any blank answers in the ISP Technical Requirements shall be considered a material deviation and shall cause the Bidder s RFQ Response to be rejected as non-responsive. 1.0 Internet Service: 1.1 Contractor must have private peering arrangements with multiple, major ISPs (Tier1) and backbone. 1.2 Contractor must have direct connectivity with major California NAPs, MAEs and CIX. Contractor must provide a detailed Point of Presence (POP) explanation and diagram of network architecture from Contractor to POP. 1
If Yes, bidder must include explanation and diagram with your submitted response. 1.3 Contractor must provide Internet Domain Name Services administration. 2.0 Local Transport Primary Internet Service: 2.1 Contractor must provide 2 separate circuits. The first circuit must be an OC3/POS (packet over SONET) connection with a 40 Mbps floor (minimum) and must be able to burst to 155 Mbps. The second circuit must be a DS3 connection coming from a geographically separate central office (CO) than the first circuit with a 3 Mbps floor (minimum) and be able to burst to 45 Mbps. Each circuit must be provided utilizing a dual SONET ring topology for redundancy. The ISP must provide a mechanism to dynamically route (BGP and ibgp) data between these two circuits. 2.2 Contractor must provide above mentioned (item 2.1) separate fiber connections to the Franchise Tax Board facility (at 9646 Butterfield Way, Sacramento CA) using geographically diverse routes entering at 2 separate building entrances. The OC3/POS fiber connection must enter FTB through MPOE 1.3 (closet SAC 1.6) and be extended to the Sacramento Building Data Center. The DS3 fiber connection must enter FTB through MPOE 1.1 (Los Angeles Building MDF) and be extended from the MDF to the Los Angeles Data Center floor. Collapsed network rings are not acceptable. (See Attachment 2 FTB Site Demarcation Points) 2.3 Contractor must provide optional floor rate increase to 80 Mbps for the OC3 connection during FTB s peak business season (month of April only). 2.4 Contractor must provide a schedule of charges for sustained burstable bandwidth from the agreed upon floor rate up to the 155 Mbps limit for the OC3 connection and up to the 45Mbps for the DS3 connection. Burst charges must be calculated on the 95 th percentile of measured bandwidth usage. 2.5 Contractor is responsible for all costs (including but not limited to trenching, fiber, internal/external wiring, labor and other materials) to complete connection to FTB s demarcation point(s). 2
3.0 Network Performance & Management: 3.1 Contractor must initialize the contracted circuit(s) and be ready for customer testing and acceptance within 120 calendar days following award of contract (See Attachment 8 Acceptance Testing Criteria). 3.2 Contractor must provide twenty-four (24) hours per day, seven (7) days per week network operations center telephone support, including immediate access to a live technical engineer. 3.3 Contractor must provide a trouble report status update every 30 minutes through any troubleshooting or problem analysis until a resolution is achieved. 3.4 Contractor must provide an internal trouble escalation scheme that elevates unresolved trouble reports to the next management level every 30 minutes. 3.5 Contractor must notify FTB within 15 minutes of discovery of a problem potentially impacting Internet services. 3.6 Contractor must obtain FTB approval prior to performing network upgrades or scheduled repairs within FTB s maintenance timeframe windows. NOTE: FTB s maintenance windows are severely restricted during peak tax filing season (Jan-Apr). 3.7 Contractor must guarantee service backbone availability 100% of the time. Local transport must guarantee 99.97 percent availability. Contractor s response must include documented evidence of network performance and reliability with Mean-Time-Between-Failures and Peak Percentage of used available bandwidth traversing their network. If Yes, bidder must include documented evidence with your submitted response. 3
3.8 Contractor guarantees monthly average roundtrip latency between backbone routers of 50 milliseconds or less. Latency must be calculated by averaging hourly rate samples over a calendar month. 3.9 Contractor must monitor Backbone / Network Access Point (NAP) circuit occupancy and effectively increase available bandwidth whenever a circuit s utilization exceeds 50%. 3.10 Contractor must provide online real-time network performance statistics and help facility at no cost to FTB. During FTB s peak filing season (Jan. Apr.), all statisticgathering tools must have a refresh rate of no more than 5 minute intervals. These statistics must be kept on a server for retrieval for a period of no less than 1 year. 3.11 Contractor must assist FTB in resolving anomalous or suspicious network activity. 3.12 Contractor must provide 48 hour notification prior to Contractor restricting (throttling) FTB s bandwidth above floor rate. 4
Attachment 2 FTB SITE DEMARCATION POINTS 5
Attachment 3 Cost Detail Worksheet The Bidder is to complete the Cost Detail Worksheet by indicating prices and quantities (where applicable) in the areas denoted in the color red. The estimated Projected Service Months, Projected Mbps Floor (Minimum), and number of Projected Additional Bandwidth Above the Mbps Floor (See Attachment) will be used solely for the purpose of computing the cost as a fair and equitable formula to determine the low Bidder and is not binding on the contracting agency. However, the actual costs quoted by the Bidder in the areas denoted in the color red in Attachment 3, shall be binding for the term of the Contract. ISP2011CostDetailW orksheet.xls 6
ATTACHMENT 4 DECLARATION FORMS GSPD-05-105 All Bidders must complete the Bidder Declaration GSPD-05-105 and include it with the quotation/bid response. Please refer to the following URL for more details: http://www.documents.dgs.ca.gov/pd/poliproc/master-biddeclar08-09.pdf STD. 843 Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) Std. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). If applicable, Bidders shall complete the Std. 843 - DVBE Declarations and include it with the quotation/bid response. Please refer to the following URL for more details: http://www.documents.dgs.ca.gov/pd/poliproc/std-843fillprintfields.pdf 7
RFQ FTB1011-ISP ATTACHMENT 5 PREFERENCES (If applicable) The following preferences will be granted for this procurement. Bidders wishing to take advantage of these preferences will need to review the following websites and submit the appropriate response with the bid: TACPA: TACPA preference request (STD.830) EZA: EZA preference request (STD.831) LAMBRA: LAMBRA preference request (STD.832) Please Note: In accordance with 2 CCR section 1896.8 (e) the maximum SB bid preference allowed may not exceed $50,000 for any bid, and the combined cost of preferences granted may not exceed $100,000 total. Combined bid preferences and incentives (SB, recycle, DVBE, TACPA, EZA, and/or LAMBRA) may not exceed 15% for any bid or $100,000 whichever is less. 8
ATTACHMENT 6 Workers Compensation Certification Each participating bidder must certify that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing with the performance of work of this contract. A Workers Compensation Certification must be completed and submitted with an original signature with the bidder s Final Bid WORKERSCOMPCE RT.doc 9
ATTACHMENT 7 ACCEPTANCE TESTING CRITERIA Acceptance Test Plan.doc 10
ATTACHMENT 8 RESPONSE LABEL Affix the following label to the sealed cover for hand delivery, UPS, FedEx or DHL to FTB s physical address: --------------------------------------------------------------------------------------------------------------- CONTRACTOR BID RESPONSE for Franchise Tax Board Attn: John Bajar (MS A374) 9646 Butterfield Way Sacramento, CA 95827 CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY BID SUBMISSION BY FEBRUARY 11, 2011 (NO LATER THAN 2:00 p.m. PT) --------------------------------------------------------------------------------------------------------------- 11