REQUEST FOR PROPOSALS: Information Technology Services City of Whiteville 317 South Madison Street Whiteville, NC 28472
The City of Whiteville is soliciting proposals from qualified firms and proprietors for comprehensive information technology services to sustain and enhance the operations and services of the municipality.
Proposals will be received until 2:00 p.m., March 14, 2014, in the City Clerk’s Office – City Hall, 317 S. Madison Street, Whiteville, NC. A copy of the RFP is available by calling Bonnie Williams, City Clerk, 910-642-8046, or by visiting the city’s web page at http://www.whitevillecity.com/ and downloading it. All questions concerning this Request for Proposals are to be submitted in writing to Larry Faison, City Manager, no later than 2:00 p.m. on February 24, 2014. Responses will be issued in written form no later than 5:00 p.m. on February 28, 2014 via email. Questions may be submitted via email to
[email protected].
Larry Faison, City Manager City of Whiteville
REQUEST FOR Proposals: Information Technology Services Issue Date: February 11, 2014 Proposals Due: March 14, 2014 at 2:00 pm
Table of Contents I. II. III. IV. V. VI.
Purpose .................................................................................................................. 2 General Bidding Requirements .............................................................................. 2 Background Information ........................................................................................ 4 Scope of Services ................................................................................................... 6 Proposal Format .................................................................................................... 8 Selection Process ................................................................................................. 10 Attachment A: E-VERIFY CERTIFICATE ….............................................................. 13 Attachment B Applicable Statutes ……….…………………………………………................. 14 Attachment C: VC3 Presentation of 2013 IT Assessment Findings ...................... 15
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I. PURPOSE The City of Whiteville is soliciting proposals from qualified professional vendors for Information Technology support services. The qualified vendor will enable the City to: (a) Significantly improve information technology (IT) integration, usage, effectiveness, and life cycle replacement for city operations, services and personnel; (b) Integrate IT to enhance service quality supporting city employees, citizens and merchants; (c) Minimize downtime and technical support costs; (d) Develop and implement practices and protocols for data security, data retention, for compliance with NC Records Retention requirements; and (e) Maximize life cycle replacement and minimize return on investment in IT hardware and software. Vendors are encouraged to provide as much detail as possible in this proposal regarding their capability and expertise, scope of services, and approach to protecting and securing the technology used by City users. This RFP requests specific information and in responding, vendors are encouraged to provide any additional information they believe is relevant.
Preliminary Timeline Task Publish RFP Deadline for questions Questions/addendum issued Proposal Due Proposal evaluation Vendor presentations (if necessary) Meet Council/Present for Award Contract effective date
Date February 11, 2014 February 24 February 28 March 14 March 14 – 28 March 24 – 28 April 8 TBD/July 1st
Time n/a 2:00 p.m. 5:00 p.m. 2:00 p.m. n/a TBD 6.30 p.m.
The award date is subject to change at the discretion of the City. The effective date of the contract is tentative, and is dependent upon the length of time required for contract negotiation and funding.
II. GENERAL BIDDING REQUIREMENTS A. This solicitation is for the purchase of information technology goods and services and shall be awarded per North Carolina General Statute 143-135.9: Best Value Procurement and 143-129.8. The contract shall be awarded to the vendor that submits the proposal that offers the best trade-off between price and performance, where quality is considered an integral performance factor. Fees, unit costs and subscription rates shall be submitted with the proposal. B. Proposals submitted shall not be subject to public inspection until a contract is awarded. Proposals will be received by the City at the time and place so stated in this document. At that point, the City will close the receipt of proposals and begin the evaluation process. REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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C. Respondents are asked to not contact any City staff or elected official in reference to the process. As information becomes available and is relevant for release, that information will be shared with the respondents. Any and all information submitted in conjunction with this RFP and the evaluation process will not be returned to the respondent. D. Vendors must specifically identify portions, if any, of their submittals, deemed to contain confidential and proprietary information, or trade secrets. The vendors may be required to justify why the City of Whiteville should not, upon request, disclose such materials. E. All questions concerning this Request for Proposals are to be submitted in writing to Larry Faison, City Manager, no later than 2:00 p.m. on February 24, 2014. Responses will be issued in written form no later than 5:00 p.m. on February 28, 2014 via email. Questions may be submitted via email to
[email protected]. F. The City reserves the right to reject any or all proposals and to waive any informality as may be permitted by law. The City reserves the right to request oral interviews or request additional written information from any or all vendors. The City also reserves the right to award a contract based on proposals received without further discussion or negotiation. Vendors should not rely upon the opportunity to alter their proposals during any presentation or discussion. G. Proposals may be submitted electronically or as hardcopies. 1. If hardcopy: Three (3) copies of the full proposal and all supporting documentation as required in this RFP must be submitted in a sealed opaque envelope, addressed to: City of Whiteville ATTN: Larry Faison POB 607 Whiteville, NC 28472
Address for FedEx/UPS delivery is 317 South Madison Street, Whiteville, NC 28472. 2. If electronic: i. Via email to
[email protected] the subject line should clearly indicate that the email contains a response to this RFP. ii. Proposals may also be sent on a flashdrive or CD to the mail address above. iii. The City is not responsible for messages that are not received by the deadline or electronic attachments that City staff are unable to open or access.
H. Proposals should be submitted no later than 2:00 p.m., March 14 , 2014. Proposals will be opened by City staff and will not be made public until after award. I. This RFP and any contract resulting from shall be governed by and construed according to the laws of the State of North Carolina. REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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J.
Successful bidder must be prepared to begin providing service on or before July 1, 2014.
K. Vendor warrants that his bid is genuine, not collusive and that he has not conspired nor agreed in any manner to fix any bid or any element of such bid price, payment or agreement for commission percentage, brokerage, or any other compensation for the procurement of this contract. L. Either party may cancel this contract by providing the other party a ONE HUNDRED TWENTY (120) day notice of cancellation. M. All proposals shall be signed by an authorized officer or employee of the submitting organization. The name of the company, contact person, telephone number, fax number, and address shall be included. N. The City shall have the right to reject or accept any Proposal or offer, or any part thereof for any reason whatsoever, at its sole discretion. O. The RFP does not commit the City to award, nor does it commit the City to pay any cost incurred in the submission of the Proposal, or in making necessary studies or designs for the preparation thereof, nor procure or contract for services or supplies. Further, no reimbursable cost may be incurred in anticipation of a contract award. P. The City reserves the right to terminate this RFP at any time prior to contract execution. Q. No prior, current, or post award verbal conversation or agreement(s) with any officer, agent, or employee of the City shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement.
III. BACKGROUND INFORMATION The City of Whiteville DOES NOT have an IT Department and is currently using an outside vendor to provide maintenance and support on an as-needed basis for user issues and project planning and implementation assistance. Currently the planning and implementation of technology-related projects is diffused, with each department responsible for determining its own needs, the evaluation of potential solutions, and implementation of software or hardware. It is the desire of the City Manager’s Office to centralize as much as possible, while allowing departments the ability to coordinate department-specific projects and plans with the City’s overall plan. An IT Assessment was conducted in the Summer/Fall 2013, and the information in this section is primarily from this report. The presentation of the assessment is Attachment A of this RFP.
A. Users Full-time employees Part-time employees Governing Board
66 5 7
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B. Connectivity Network devices are a mixture of consumer and commercial products. The City currently has multiple accounts with three different vendors for internet access – Time Warner, Verizon, and Centurylink. C. Domains The City currently has three domains, City Hall, Police and Inspections. There is a common email address scheme for city staff, in which city accounts use @ci.whiteville.nc.us, and is hosted by GOOGLE. There are approximately 30 email accounts, limited to full-time employees. D. Servers The City currently has three (3) servers, City Hall, Police and Inspections. E. Workstations The City currently has twenty six (26) workstations arrayed across city departments that number is exclusive of eighteen (18) MDTs which are located in police squad cars. At the time of the assessment, July-September 2013 there was no centrally managed process for tracking, updating, or proactively managing workstations.
F. Printers The City has desktop and central print services at most of its facilities; for illustrative purposes a synopsis appears below, its representative but is NOT necessarily an exhaustive listing: City Hall’s central printers: Sharp Document Center, Printtronix, Laserjet and Okidata; Dedicated printers for individual workstations: Laserjet, Okidata; Inspections Department Central Printer: HP 500 Plotter; Dedicated printers for individual workstations: Inkjet (2), and HP Laserjet; Utilities Central Printer: Savin Color Printer/Copier; Dedicated printers for individual workstations : (3) HP Inkjets; Garage Central Printer: unknown model; Dedicated printers for individual workstations: (2) unknown models Police: Central Printer: Printer/Copier; Dedicated printers for individual workstations : (1) HP Laser printer and (4) HP Inkjets All printers and copiers are supported by the city either thru maintenance contracts, individual ingenuity, or via a local sole proprietor; materials are expensed to the city. Major Service Contracts are through COECO and PEAK-Ryzex (Printtronix) for City Hall and PD department.
G. Software (refer to the IT Assessment, from VC3) The software applications run/accessed by each department vary significantly, but the major platforms include: REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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o o o o o o o
Microsoft Windows 7: older/newer operating systems Microsoft Office Suite Windows Server 2003 and 2008 ArcView Kelly Permitting Dorsetts SCADA Adobe Acrobat
IV. SCOPE OF SERVICES The successful vendor will provide the City with all of the following services. The vendor shall not subcontract any portion of the services to be performed under the contract without the prior written agreement of the City. Vendor shall perform the Scope of Services as outlined in the RFP, which will be integrated into the final contract. The Scope of Services shall not be deemed to be all-inclusive and may be changed from time to time to meet the business needs of the City.
A. Initial Assessment Affirm/update inventory of all information technology related assets as a basis of making recommendations and proposing services that will improve the City-wide IT system performance. 1) An IT Assessment was performed in the summer/fall of 2013 which produced the best if not first allinclusive inventory of assets. This assessment is NOT perceived to be out-of-date, however there is currently no asset tracking mechanism. The Assessment is provided as an ATTACHMENT. 2) The 2013 Assessment identified a number of deficits in the City’s current IT infrastructure and management. A number of specific recommendations were made as part of the assessment, which shall be used as a starting point by the selected vendor and may combine the 2013 Assessment with its own analysis, and provide a recommendation of hardware, software, and employee training and policy improvements that can be implemented in fiscal year 2014 (July 1, 2013 – June 30, 2014). 3) City staff identified the need to replace the use of POP3 email with a system that enabled compliance with North Carolina retention schedules. There was a migration from its long term POP3 service provider to GOOGLE which was completed in mid 2013. This migration was not without hiccups, delays, and frustration; however GOOGLE VAULT has been in operation for six (6) or more months, largely error free. Approximately (30) City employees have an official City email address, FIRST
[email protected].
B. To be considered responsive, Vendors shall submit a primary proposal for a Hosted Desk Top (Cloud based) solution, and optionally an alternate proposal for an ON-Premise Based solution. Acceptance by the city of an Alternate A and/or B Proposal is predicated upon the Vendor submitting the Primary Proposal for a Hosted Desk Top solution. In the absence of receiving a Vendor’s Primary Proposal, their Alternate Proposal will be disqualified from consideration: 1) Primary Proposal: Hosted Desk Top Model: which would lower the city’s upfront investment through Vendor hosted licenses/renewals, maintenance/support services, software, and hardware with redundancy, provided by the vendor; this is to reduce infrastructure and ownership costs for the city; REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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2) Alternate Proposal A: On-Premise Model: which would allow the city to maintain control over all its systems and data; information is stored and handled internally; maintenance and support assistance is provided by a 3rd party; this recognizes initial investment will be high, but may be lower cost over the life cycle replacement horizon; 3) Alternate Proposal B: Hybrid: Hosted Desk Top and On-Premises solution: the vendor offers solution that maximizes the benefits of both environmental models. The Vendor identifies the mix of applications, services and hardware configurations as a basis for determining the model mix that best meets the City’s varied needs in their current state and is adaptable as the City continues to evolve in the future;
C. Network Infrastructure The city recognizes its current infrastructure is inadequate to support today’s IT environment. Our interest is for the Vendor to address establishment of a network environment that allows tomorrows IT – today, connecting anyone, anywhere, anytime, and on any device - securely, reliably, and seamlessly. The network should provide a platform for collaboration, allowing existing and proposed voice, video, and web conferencing; messaging and mobile applications that will maintain connectivity and increase productivity. The network infrastructure should provide optimization, scale, and security for collaboration and virtualization and encompass: Routing and Switching, Wireless LAN and WAN, and RFID possibilities.
D. Help Desk Support Manage, monitor and track all support related issues and provide monthly updates to the City of significant support patterns or issues. Online ticket submission, commenting, and tracking must be provided. Historical support data should be available by user or issue type. Remote support and on-site support must be provided during business hours as requested. 24x7x365 support must be available for significant issues. E. Desktop Support Perform basic support functions including installing PCs, laptops, printers, and software; diagnosing and correcting desktop application problems, configuring laptops, tablets, and desktops (or equivalent) for standard applications and identifying and correcting hardware problems, performing advanced troubleshooting, and when requested by designated City personnel, provide assistance with software and hardware purchases. F. Support, Management & Monitoring of Servers and Infrastructure Provide 24 X 7 X 365 monitoring and alerting, Windows patching and updates, remote and onsite remediation for all server/infrastructure related issues as necessary. Ensure scheduled preventive maintenance for equipment is promptly performed; develop and test back-up and disaster recovery plans and procedural documentation. Set up new users and edit or remove existing users when requested; thus managing the computer network and associated hardware, software, communications, and operating system necessary for the quality, security, performance, availability, recover-ability, and reliability of the system. Install new servers, software and hardware and transfer data when acquired. G. Support Services Response Support personnel’s need to be available to meet all the needs associated with the parameters outlined in this request. In the event a problem needs to be escalated, a prescribed escalation process must be in place along with a time frame for resolving issues. Any service issue that needs to be escalated to the City must be started promptly and must be completed within a time discussed between the vendor and the City to the satisfaction REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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and approval of the City. Statistical measures and approaches for performance evaluation should be included. The proposal must include a detailed response time for each type of service issue.
H. After Hours and Emergency Services Provide technical, communication, and IT support services in the event of emergency situations or outside of normal business hours, 24x7x365. The proposal should clearly outline how various levels of support are defined, and how the vendor handles a situation in which multiple customers are affected by the same emergency, whether it is geographic, technical, or something else. I. Security Maintenance of virus detection programs on the City servers, email and all other City computers and laptops. Review and enhance the security of the City’s network and wireless devices. Perform security audits as requested and notify City personnel immediately of suspected breaches of security or instruction detection. Reduce amount of spam received by City employees. Develop and implement a method to track and identify IT assets by location or user, and the characteristics of each device. Devices should be physically tagged to match their electronic record. This should be updated whenever a new device is added or removed.
J. Software/Third-Party Applications Services Includes oversight, management and support of the City’s software; oversight, management and supervision of third party desktop, server, and web-based applications and act as the City’s representative when dealing with third party application support, as directed. Vendor will review invoices as requested for verification of services. K. Communications (Desk Phones, Cellular Phones, Voicemail) Support Prepare recommendations and provide management and coordination of the City’s communications system including but not limited to: desk phones, cellular phones, communications devices, voice mail systems, and authorized BYOD devices. 1) The City currently utilizes a third-party vendor for support of a Nortel telephone system; phones have or are reaching obsolescence. 2) The radio system utilized by Public Works/Public Utilities is a legacy system and is used in combination with a Push to Talk Mobile Phone system; Public Safety is migrating to a new County radio system; therefore radio expertise is not required by this RFP, but is welcomed. 3) Currently the City issues cell phones; the City is contemplating a move to a BYOD plan and policy for cellular phones. The selected vendor should have knowledge in administering and coordinating a BYOD plan and be able to provide advice on best practices as the plan is implemented, including securing devices that store City-data. L. Strategic Planning and Budgeting Provide technical and organizational leadership for technology issues. Make recommendations for future purchasing and technology needs for the organization and specific departments as needed and during the annual budget preparation process. The City does not have a bona fide Purchasing Department; each department performs its own analysis to support a purchase. However the City does perform centralized processing of requisitions and purchasing orders for the purpose of check preparation, budgetary analysis and accounting classification practices which is accomplished through the Finance Division. The City will require assistance in prioritizing and maximizing the use of funds budgeted for technology improvements. Provide REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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recommendations for potential savings in IT related matters. Coordinate all IT and Communication related support.
M. City’s IT Liaison/Representative The vendor should provide a primary point of contact within the company, recognizing that other vendor employees may work on specific issues or projects. The primary point of contact will act as the City’s liaison/representative for all IT related matters with other vendors and City departments under the scope of the Agreement. The vendor will be available for any meetings as directed by the City Manager.
V. PROPOSAL FORMAT The proposal shall be organized as outlined below. Responses should be complete and unequivocal. In instances where a response is not required, or is not applicable or material to the Proposal, a response such as “no response is required” or “not applicable” is acceptable.
Fees, subscriptions costs, and/or charges should be submitted with the Proposal A. Letter of Intent The Letter of Intent is to be signed by an officer of the company authorized to bind the vendor to the proposal. It should also contain the following information: 1) Company name, address, telephone number(s), and website. 2) Name, title, email address, and telephone number of proposal contact person(s) who are authorized to represent the firm and to whom correspondence should be directed. 3) Federal and State taxpayer identification numbers of the firm. 4) A brief statement of your understanding of the services to be performed, and an understanding that the terms of this RFP will be incorporated in the final contract. 5) The Letter of Intent is to contain a statement indicating the period during which the Proposal will remain valid. A period of not less than ninety (90) calendar days from the bid date is required.
B. Proposer’s Statement of Organization and Experience A vendor must demonstrate considerable relevant experience (minimum of 7 years) with this type of work, and should emphasize their experience, technical qualifications, working knowledge of Information Technology Services, and capability of the particular principal and personnel who will actually be assigned to the City. A proposer must include a brief profile of the firm, including, at a minimum: 1) Length of time in business. 2) Length of time in providing proposed services. 3) Number of clients. 4) Number and List of local government and public sector clients, and scope of services provided to those clients. 5) Number of full-time employees and area of involvement: Technical Support, Consulting, Sales Support, Administrative Support 6) Location of office to serve the City 7) Relevant technical certifications and/or partnerships 8) Resumes for all individuals employed in a full-time or part-time capacity who shall provide services sought in this RFP. If resumes are not available, the Proposer shall provide information indicating the name, job title, education and years employed with the firm.
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9) A vendor shall demonstrate that it has at least three (3) local government clients that have contracted with it for the same or similar services within the last three (3) years, preferably with at least one client represented within eastern North Carolina and shall provide the City with contact information for those clients to allow the City to obtain their recommendations as to the services rendered by the vendor.
C. Description of Services Proposer shall include a description and synopsis, including sample deliverables where appropriate, detailing its methodology and approach to providing the Scope of Services as described in Section 4 of this RFP. (The scope of work indicates “what” the vendor is supposed to do; the description of services should describe “how” the vendor intends to perform the services). The description of services should also be accompanied by: 1) Proposal summary, including why the firm is pursuing the work and how it is uniquely qualified to perform the services. 2) Proposal must include a description of how the firm is positioned to provide the services requested, with a history of experience on providing similar services. 3) The proposal must include a detailed response time for each type of service issue. 4) A draft contract and vendor’s terms and conditions. Payment schedule should also be included (i.e. monthly, quarterly). The vendor must describe the method of obtaining the fee for service (i.e. fixed fee, per device, per location) and describe any cost increases throughout the contractual term. D. Litigation History Proposers shall provide a summary of any litigation or arbitration that the Proposer, its parent company or its subsidiaries have been engaged in during the past three (3) years against or involving (1) any public entity for any amount, or (2) any private entity for an amount greater than One Hundred Thousand Dollars ($100,000.00). The summary shall state the nature of the litigation or arbitration, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. E. Insurance Requirements Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer’s liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. Comprehensive General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. F. E-VERIFY COMPLIANCE Shall as a condition of the contract and payment for services rendered under an agreement or contract with the City, the Vendor shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes of North Carolina. Further, if Vendor provides the services to the City utilizing a subcontractor, Vendor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes of North Carolina as well. Vendor shall verify by Certificate of Compliance, as set forth in Attachment B, of the terms of this section. REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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VI. SELECTION PROCESS A. Proposal Evaluation 1. Proposals will be evaluated by the City using the criteria listed in 6.D. 2. A contract may be awarded to the vendor that submits the best overall proposal. B. Oral Interviews: The City reserves the right to request oral interviews from top ranking firms. If oral interviews are conducted, it will be in accordance to the anticipated schedule. C.
Additional Information: The City reserves the right to request additional written information or clarification of the proposal from top ranking firms.
D. Selection Criteria The evaluation of Proposals and the determination of conformity and acceptability shall be the responsibility of City staff. Such determination shall be based on information furnished by the Proposer, as well as other information reasonably available to the City. Proposals shall be evaluated and ranked based on, among additional factors, the following: 1. Technical Expertise/Qualifications 2. Service Approach and Methodology 3. Project Staffing/Experience 4. Satisfaction of clients/end users 5. Service and subscription fee/charge structure and its stability during the life of the contract The Proposal ranked one (1), will be recommended to the City Manager. The City Manager shall review and make a recommendation to the City Council for award. If the City is unable to negotiate a satisfactory Agreement with the highest ranked proposer, negotiations with that Proposer shall be terminated and the City shall attempt to negotiate an Agreement with the next highest ranked qualified proposer and so on. If no Agreement can be reached, the City may reject all proposals and may re-advertise for new proposals or terminate further consideration of services.
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ATTACHMENT A E-VERIFY CERTIFICATE City of Whiteville E-Verify Employer Certificate of Compliance E-Verify for Public Contracts: HB 786 (S.L. 2013-418) The legislation referenced prohibits governmental units from awarding to or entering into contracts unless the contractor and the contractor’s subcontractors comply with the E-Verify requirements of Article 2 of Chapter 64 of the NC General Statutes. Contractor, hereafter Employer, understands that E-Verify is a federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law. Employer is defined as: Any person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. This term does not include State agencies, counties, municipalities, or other governmental bodies. Employer understands that Employers, as Defined Herein, Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCSG§6426(a). Therefore, all employers must be in compliance with the E-Verify requirements to enter into contracts with the City of Whiteville. Below check the type of employer and complete the information. A) Employer with less than 25 employees, not required to use E-Verify: ______
________________________________
____________________________________
______________
Company Name
Signature and Title
Date
OR: B) Employer with 25 or more employees required by NC S.L.213-418 to use E-Verify: Yes, we comply: ______
________________________________
____________________________________
______________
Company Name
Signature and Title
Date
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ATTACHMENT B Applicable Statutes (illustrative not intended as an exhaustive list)
§ 143-129.8. Purchase of information technology goods and services.
§ 143-129. Procedure for letting of public contracts.
§ 143-135.9. Best Value procurements.
§ 147-33.81. Definitions.
§ 143-129.8. Purchase of information technology goods and services. (a) In recognition of the complex and innovative nature of information technology goods and services and of the desirability of a single point of responsibility for contracts that include combinations of purchase of goods, design, installation, training, operation, maintenance, and related services, a political subdivision of the State may contract for information technology, as defined in G.S. 14733.81(2), using the procedure set forth in this section, in addition to or instead of any other procedure available under North Carolina law. (b) Contracts for information technology may be entered into under a request for proposals procedure that satisfies the following minimum requirements: (1) Notice of the request for proposals shall be given in accordance with G.S. 143-129(b). (2) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals. (c) The awarding authority may use procurement methods set forth in G.S. 143-135.9 in developing and evaluating requests for proposals under this section. The awarding authority may negotiate with any proposer in order to obtain a final contract that best meets the needs of the awarding authority. Negotiations allowed under this section shall not alter the contract beyond the scope of the original request for proposals in a manner that: (i) deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and (ii) would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals. (d) Proposals submitted under this section shall not be subject to public inspection until a contract is awarded. (2001-328, s. 3; 2004-199, s. 36(b); 2004-203, s. 10.) § 143-129. Procedure for letting of public contracts. (a) Bidding Required. - No construction or repair work requiring the estimated expenditure of public money in an amount equal to or more than five hundred thousand dollars ($500,000) or purchase of apparatus, supplies, materials, or equipment requiring an estimated expenditure of public money in an amount equal to or more than ninety thousand dollars ($90,000) may be performed, nor may any contract be awarded therefor, by any board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, unless the provisions of this section are complied with; provided that The University of North Carolina and its constituent institutions may award contracts for construction or repair work that requires an estimated expenditure of less than five hundred thousand dollars ($500,000) without complying with the provisions of this section. For purchases of apparatus, supplies, materials, or equipment, the governing body of any political subdivision of the State may, subject to any restriction as to dollar amount, or other conditions that the governing body elects to impose, delegate to the manager, school superintendent, chief purchasing official, or other employee the authority to award contracts, reject bids, or readvertise to receive bids on behalf of the unit. Any person to whom authority is delegated under this subsection shall comply with the requirements of this Article that would otherwise apply to the governing body. (b) Advertisement and Letting of Contracts. - Where the contract is to be let by a board or governing body of the State government or of a State institution, proposals shall be invited by advertisement in a newspaper having general circulation in the State of North Carolina. Where the contract is to be let by a political subdivision of the State, proposals shall be invited by advertisement in a newspaper having general circulation in the political subdivision or by electronic means, or both. A decision to advertise solely by electronic means, whether for particular contracts or generally for all contracts that are subject to this Article, shall be approved by the governing board of the political subdivision of the State at a regular meeting of the board. The advertisements for bidders required by this section shall appear at a time where at least seven full days shall lapse between the date on which the notice appears and the date of the opening of bids. The advertisement shall: (i) state the time and place where REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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plans and specifications of proposed work or a complete description of the apparatus, supplies, materials, or equipment may be had; (ii) state the time and place for opening of the proposals; and (iii) reserve to the board or governing body the right to reject any or all proposals. Proposals may be rejected for any reason determined by the board or governing body to be in the best interest of the unit. However, the proposal shall not be rejected for the purpose of evading the provisions of this Article. No board or governing body of the State or political subdivision thereof may assume responsibility for construction or purchase contracts, or guarantee the payments of labor or materials therefor except under provisions of this Article. All proposals shall be opened in public and the board or governing body shall award the contract to the lowest responsible bidder or bidders, taking into consideration quality, performance and the time specified in the proposals for the performance of the contract. In the event the lowest responsible bids are in excess of the funds available for the project or purchase, the responsible board or governing body is authorized to enter into negotiations with the lowest responsible bidder above mentioned, making reasonable changes in the plans and specifications as may be necessary to bring the contract price within the funds available, and may award a contract to such bidder upon recommendation of the Department of Administration in the case of the State government or of a State institution or agency, or upon recommendation of the responsible commission, council or board in the case of a subdivision of the State, if such bidder will agree to perform the work or provide the apparatus, supplies, materials, or equipment at the negotiated price within the funds available therefor. If a contract cannot be let under the above conditions, the board or governing body is authorized to readvertise, as herein provided, after having made such changes in plans and specifications as may be necessary to bring the cost of the project or purchase within the funds available therefor. The procedure above specified may be repeated if necessary in order to secure an acceptable contract within the funds available therefor. No proposal for construction or repair work may be considered or accepted by said board or governing body unless at the time of its filing the same shall be accompanied by a deposit with said board or governing body of cash, or a cashier's check, or a certified check on some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to not less than five percent (5%) of the proposal. In lieu of making the cash deposit as above provided, such bidder may file a bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bonds, conditioned that the surety will upon demand forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within 10 days after the award or fails to give satisfactory surety as required herein. Bids shall be sealed and the opening of an envelope or package with knowledge that it contains a bid or the disclosure or exhibition of the contents of any bid by anyone without the permission of the bidder prior to the time set for opening in the invitation to bid shall constitute a Class 1 misdemeanor. (c) Contract Execution and Security. - All contracts to which this section applies shall be executed in writing. The board or governing body shall require the person to whom the award of a contract for construction or repair work is made to furnish bond as required by Article 3 of Chapter 44A; or require a deposit of money, certified check or government securities for the full amount of said contract to secure the faithful performance of the terms of said contract and the payment of all sums due for labor and materials in a manner consistent with Article 3 of Chapter 44A; and the contract shall not be altered except by written agreement of the contractor and the board or governing body. The surety bond or deposit required herein shall be deposited with the board or governing body for which the work is to be performed. When a deposit, other than a surety bond, is made with the board or governing body, the board or governing body assumes all the liabilities, obligations and duties of a surety as provided in Article 3 of Chapter 44A to the extent of said deposit. The owning agency or the Department of Administration, in contracts involving a State agency, and the owning agency or the governing board, in contracts involving a political subdivision of the State, may reject the bonds of any surety company against which there is pending any unsettled claim or complaint made by a State agency or the owning agency or governing board of any political subdivision of the State arising out of any contract under which State funds, in contracts with the State, or funds of political subdivisions of the State, in contracts with such political subdivision, were expended, provided such claim or complaint has been pending more than 180 days. (d) Use of Unemployment Relief Labor. - Nothing in this section shall operate so as to require any public agency to enter into a contract which will prevent the use of unemployment relief labor paid for in whole or in part by appropriations or funds furnished by the State or federal government. (e) Exceptions. - The requirements of this Article do not apply to: (1) The purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment from: (i) the United States of America or any agency thereof; or (ii) any other government unit or agency thereof within the United States. The Secretary of Administration or the governing board of any political subdivision of the State may designate any officer or employee of the State or political subdivision to enter a bid or bids in its behalf at any sale of apparatus, supplies, materials, equipment, or other property owned by: (i) the United States of America or any agency thereof; or (ii) any other governmental unit or agency thereof within the United States. The Secretary of Administration or the governing board of any political subdivision of the State may authorize the officer or employee to make any partial or down payment or payment in full that may be required by regulations of the governmental unit or agency disposing of the property. (2) Cases of special emergency involving the health and safety of the people or their property. (3) Purchases made through a competitive bidding group purchasing program, which is a formally organized program that offers competitively obtained purchasing services at discount prices to two or more public agencies. (4) Construction or repair work undertaken during the progress of a construction or repair project initially begun pursuant to this section. REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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(5)
Purchase of gasoline, diesel fuel, alcohol fuel, motor oil, fuel oil, or natural gas. These purchases are subject to G.S. 143-131. (6) Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. Notwithstanding any other provision of this section, the governing board of a political subdivision of the State shall approve the purchases listed in the preceding sentence prior to the award of the contract. In the case of purchases by hospitals, in addition to the other exceptions in this subsection, the provisions of this Article shall not apply when: (i) a particular medical item or prosthetic appliance is needed; (ii) a particular product is ordered by an attending physician for his patients; (iii) additional products are needed to complete an ongoing job or task; (iv) products are purchased for "over-the-counter" resale; (v) a particular product is needed or desired for experimental, developmental, or research work; or (vi) equipment is already installed, connected, and in service under a lease or other agreement and the governing body of the hospital determines that the equipment should be purchased. The governing body of a hospital shall keep a record of all purchases made pursuant to this subdivision. These records are subject to public inspection. (7) Purchases of information technology through contracts established by the State Office of Information Technology Services as provided in G.S. 147-33.82(b) and G.S. 147-33.92(b). (8) Guaranteed energy savings contracts, which are governed by Article 3B of Chapter 143 of the General Statutes. (9) Purchases from contracts established by the State or any agency of the State, if the contractor is willing to extend to a political subdivision of the State the same or more favorable prices, terms, and conditions as established in the State contract. (9a) Purchases of apparatus, supplies, materials, or equipment from contracts established by the United States of America or any federal agency, if the contractor is willing to extend to a political subdivision of the State the same or more favorable prices, terms, and conditions as established in the federal contract. (10) Purchase of used apparatus, supplies, materials, or equipment. For purposes of this subdivision, remanufactured, refabricated or demo apparatus, supplies, materials, or equipment are not included in the exception. A demo item is one that is used for demonstration and is sold by the manufacturer or retailer at a discount. (11) Contracts by a public entity with a construction manager at risk executed pursuant to G.S. 143-128.1. (12) (Repealed effective July 1, 2015) Build-to-suit capital leases with a private developer under G.S. 115C-532. (f) Repealed by Session Laws 2001-328, s. 1, effective August 2, 2001. (g) Waiver of Bidding for Previously Bid Contracts. - When the governing board of any political subdivision of the State, or the person to whom authority has been delegated under subsection (a) of this section, determines that it is in the best interest of the unit, the requirements of this section may be waived for the purchase of apparatus, supplies, materials, or equipment from any person or entity that has, within the previous 12 months, after having completed a public, formal bid process substantially similar to that required by this Article, contracted to furnish the apparatus, supplies, materials, or equipment to: (1) The United States of America or any federal agency; (2) The State of North Carolina or any agency or political subdivision of the State; or (3) Any other state or any agency or political subdivision of that state, if the person or entity is willing to furnish the items at the same or more favorable prices, terms, and conditions as those provided under the contract with the other unit or agency. Notwithstanding any other provision of this section, any purchase made under this subsection shall be approved by the governing body of the purchasing political subdivision of the State at a regularly scheduled meeting of the governing body no fewer than 10 days after publication of notice that a waiver of the bid procedure will be considered in order to contract with a qualified supplier pursuant to this section. Notice may be published in a newspaper having general circulation in the political subdivision or by electronic means, or both. A decision to publish notice solely by electronic means for a particular contract or for all contracts under this subsection shall be approved by the governing board of the political subdivision. Rules issued by the Secretary of Administration pursuant to G.S. 143-49(6) shall apply with respect to participation in State term contracts. (h) Transportation Authority Purchases. - Notwithstanding any other provision of this section, any board or governing body of any regional public transportation authority, hereafter referred to as a "RPTA," created pursuant to Article 26 of Chapter 160A of the General Statutes, or a regional transportation authority, hereafter referred to as a "RTA," created pursuant to Article 27 of Chapter 160A of the General Statutes, may approve the entering into of any contract for the purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment without competitive bidding and without meeting the requirements of subsection (b) of this section if the following procurement by competitive proposal (Request for Proposal) method is followed. The competitive proposal method of procurement is normally conducted with more than one source submitting an offer or proposal. Either a fixed price or cost reimbursement type contract is awarded. This method of procurement is generally used when conditions are not appropriate for the use of sealed bids. If this procurement method is used, all of the following requirements apply: (1) Requests for proposals shall be publicized. All evaluation factors shall be identified along with their relative importance. (2) Proposals shall be solicited from an adequate number of qualified sources.
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(3)
RPTAs or RTAs shall have a method in place for conducting technical evaluations of proposals received and selecting awardees, with the goal of promoting fairness and competition without requiring strict adherence to specifications or price in determining the most advantageous proposal. (4) The award may be based upon initial proposals without further discussion or negotiation or, in the discretion of the evaluators, discussions or negotiations may be conducted either with all offerors or with those offerors determined to be within the competitive range, and one or more revised proposals or a best and final offer may be requested of all remaining offerors. The details and deficiencies of an offeror's proposal may not be disclosed to other offerors during any period of negotiation or discussion. (5) The award shall be made to the responsible firm whose proposal is most advantageous to the RPTA's or the RTA's program with price and other factors considered. The contents of the proposals shall not be public records until 14 days before the award of the contract. The board or governing body of the RPTA or the RTA shall, at the regularly scheduled meeting, by formal motion make findings of fact that the procurement by competitive proposal (Request for Proposals) method of procuring the particular apparatus, supplies, materials, or equipment is the most appropriate acquisition method prior to the issuance of the requests for proposals and shall by formal motion certify that the requirements of this subsection have been followed before approving the contract. Nothing in this subsection subjects a procurement by competitive proposal under this subsection to G.S. 143-49, 143-52, or 143-53. RPTAs and RTAs may adopt regulations to implement this subsection. (i) Procedure for Letting of Public Contracts. - The Department of Transportation ("DOT"), The University of North Carolina and its constituent institutions ("UNC"), and the Department of Administration ("DOA") shall monitor all projects in those agencies and institutions that are let without a performance or payment bond to determine the number of defaults on those projects, the cost to complete each defaulted project, and each project's contract price. Beginning March 1, 2011, and annually thereafter, DOT, UNC, and DOA shall report this information to the Joint Legislative Committee on Governmental Operations. (1931, c. 338, s. 1; 1933, c. 50; c. 400, s. 1; 1937, c. 355; 1945, c. 144; 1949, c. 257; 1951, c. 1104, ss. 1, 2; 1953, c. 1268; 1955, c. 1049; 1957, c. 269, s. 3; c. 391; c. 862, ss. 1-4; 1959, c. 392, s. 1; c. 910, s. 1; 1961, c. 1226; 1965, c. 841, s. 2; 1967, c. 860; 1971, c. 847; 1973, c. 1194, s. 2; 1975, c. 879, s. 46; 1977, c. 619, ss. 1, 2; 1979, c. 182, s. 1; 1979, 2nd Sess., c. 1081; 1981, c. 346, s. 1; c. 754, s. 1; 1985, c. 145, ss. 1, 2; 1987, c. 590; 1987 (Reg. Sess., 1988), c. 1108, ss. 7, 8; 1989, c. 350; 1993, c. 539, s. 1007; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 367, s. 6; 1997-174, ss. 1-4; 1998-185, s. 1; 1998-217, s. 16; 2001-328, s. 1; 2001-487, s. 88; 2001-496, ss. 4, 5; 2005-227, s. 1; 2006-232, s. 2; 2007-94, s. 1; 2007322, s. 4; 2007-446, s. 6; 2010-148, s. 1.2; 2011-234, s. 1.) § 143-135.9. Best Value procurements. (a) Definitions. - The following definitions apply in this section: (1) Best Value procurement. - The selection of a contractor based on a determination of which proposal offers the best trade-off between price and performance, where quality is considered an integral performance factor. The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the vendor's proposal; the vendor's past performance; and the evaluated probability of performing the requirements stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. (2) Government-Vendor partnership. - A mutually beneficial contractual relationship between State government and a contractor, wherein the two share risk and reward, and value is added to the procurement of needed goods or services. (3) Information technology. - Electronic data processing and telecommunications goods and services, microelectronics, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design and/or redesign of business processes. (4) Solution-Based solicitation. - A solicitation in which the requirements are stated in terms of how the product or service being purchased should accomplish the business objectives, rather than in terms of the technical design of the product or service. (b) Intent. - The intent of Best Value procurement is to enable contractors to offer and the agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement. (c) Information Technology. - The acquisition of information technology by the State of North Carolina shall be conducted using the Best Value procurement method. For purposes of this section, business process reengineering, system design, and technology implementation may be combined into a single solicitation. For acquisitions which the procuring agency and the Division of Purchase and Contracts or the Office of Information Technology Services, as applicable, deem to be highly complex or determine that the optimal solution to the business problem at hand is not known, the use of Solution-Based Solicitation and Government-Vendor Partnership is authorized and encouraged. Any county, city, town, or subdivision of the State may acquire information technology pursuant to this section. (d) Repealed by Session Laws 2009-320, s. 1, effective July 24, 2009. (e) North Carolina Zoological Park. - The acquisition of goods and services under a contract entered pursuant to the exemption of G.S. 143-129.8A(a) by the Department of Environment and Natural Resources on behalf of the North Carolina Zoological Park may be REQUEST FOR PROPOSALS: Information Technology Services February 11, 2014
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conducted using the Best Value procurement method. For acquisitions which the procuring agency deems to be highly complex, the use of Government-Vendor partnership is authorized. (1998-189, s. 1; 1999-434, s. 15; 1999-456, s. 39; 2009-329, s. 1.2.) § 147-33.81. Definitions. As used in this Article: (1) "Distributed information technology assets" means hardware, software, and communications equipment not classified as traditional mainframe-based items, including personal computers, local area networks (LANs), servers, mobile computers, peripheral equipment, and other related hardware and software items. (2) "Information technology" means electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes. (3) "Information technology enterprise management" means a method for managing distributed information technology assets from acquisition through retirement so that total ownership costs (purchase, operation, maintenance, disposal, etc.) are minimized while maximum benefits are realized. (4) "Information technology portfolio management" means a business-based approach for analyzing and ranking potential technology investments and selecting those investments that are the most cost-effective in supporting the strategic business and program objectives of the agency. (5) "Office" means the Office of Information Technology Services as established in this Article. (6) "State agency" means any department, institution, commission, committee, board, division, bureau, office, officer, or official of the State. The term does not include any State entity excluded from coverage under this Article by G.S. 147-33.80, unless otherwise expressly provided. (1999-434, s. 9; 2000-174, s. 2; 2001-424, s. 15.2(a).)
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ATTACHMENT C INFORMATION TECHNOLOGY ASSESSMENT (under separate cover)
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