Embarcadero Technologies annual software maintenance

Agency: State Government of North Carolina
State: North Carolina
Level of Government: State & Local
Category:
  • A - Research and development
Opps ID: NBD12271666451337945
Posted Date: Feb 12, 2018
Due Date: Feb 21, 2018
Solicitation No: 30-18-0059-DPH
Source: Members Only
Bid Number Description Date Issued Bid Opening Date Bid Opening Time Help
30-18-0059-DPH Embarcadero Technologies annual software maintenance
Questions due 02/15/18 at 2:00PM Eastern Time
2/12/2018 2/21/2018 02:00 PM ET 30-

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IFB NuSmTbeAr: T3E0-18O-0F059N-DOPHRTH CAROLINA
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Office of Procurement and Contract Services
Refer ALL inquiries regarding this IFB to:
Katrina Smith
Katrina.Smith@dhhs.nc.gov
919-855-4085
See page 2 for mailing instructions.
INVITATION FOR BIDS NO. 30-18-0059-DPH
Offers will be publicly opened: February 21, 2018
Issue Date: February 12, 2018
Commodity Number: 920-45
Description: Embarcadero Technologies annual
software maintenance
Using Agency: Public Health
Requisition No.: RQ21028072
OFFER AND ACCEPTANCE
The State seeks offers for software maintenance described in this solicitation. The State’s acceptance of any
offer must be demonstrated by execution of the acceptance found below and any subsequent Request for Best
and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows: In cases
of conflict between documents comprising the contract, the order of precedence shall be (1) Best and Final Offers,
if any, (2) special terms and conditions specific to this IFB, (3) specifications, (4) Department of Information
Technology Terms and Conditions of this IFB, and (5) the agreed portions of the awarded Vendor’s offer. No
contract shall be binding on the State until an encumbrance of funds has been made for payment of the
sums due under the contract.
EXECUTION
In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and
agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within
the time specified herein. By executing this offer, I certify that this offer is submitted competitively and without
collusion.
Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable.
OFFEROR:
STREET ADDRESS:
P.O. BOX:
ZIP:
CITY, STATE & ZIP:
PRINT NAME & TITLE OF PERSON SIGNING:
TELEPHONE NUMBER: TOLL FREE TEL.
NO
FAX NUMBER:
AUTHORIZED SIGNATURE:
DATE:
E-MAIL:
Offer valid for thirty (30) days from date of offer opening unless otherwise stated here: ____ days
ACCEPTANCE OF OFFER
If any or all parts of this IFB are accepted, an authorized representative of Department of Health and Human
Services shall affix their signature hereto. A copy of this acceptance will be forwarded to the successful vendor(s).
FOR STATE USE ONLY
Offer accepted and contract awarded this ______ day of _____________________, 20____, as indicated on attached certification,
by _____________________________________________ (Authorized representative of DHHS).
Page 1 of 24
Rev. 2017/10/03
IFB Number: 30-18-0059-DPH
TABLE OF CONTENTS
1.0 INTENT, USE, DURATION AND SCOPE .......................................................................................... 3
2.0 GENERAL INFORMATION ................................................................................................................ 3
2.1. VENDOR QUESTIONS ........................................................................................................................ 3
2.2. ADDENDUM TO ................................................................................................................................. 3
2.3. OFFER SUBMITTAL............................................................................................................................3
2.4. BASIS FOR REJECTION...................................................................................................................... 4
2.5. LATE OFFERS ...................................................................................................................................... 4
2.6. NON-RESPONSIVE OFFERS .............................................................................................................. 4
2.7. NOTICE TO VENDORS ....................................................................................................................... 5
2.8. E-PROCUREMENT SOLICITATION..................................................................................................5
2.9. DISTRIBUTORS AND RESELLERS...................................................................................................5
2.10. POSSESSION AND REVIEW ............................................................................................................ 5
2.11. AWARD .............................................................................................................................................. 6
3.0 SPECIFICATIONS ................................................................................................................................ 6
3.1. VENDOR STANDARD AGREEMENT(S) .......................................................................................... 6
3.2. VENDOR UTILIZATION OF WORKERS OUTSIDE U.S. ................................................................ 6
3.3. E-VERIFY..............................................................................................................................................7
3.4. RESTRICTIONS ON CONTRACTS WITH THE STATE: Reserved..................................................7
3.5. BRAND SPECIFIC PRODUCT ............................................................................................................ 7
4.0 FURNISH AND DELIVER ................................................................................................................... 7
4.1. OPTIONAL COSTS...............................................................................................................................9
5.0 HISTORICALLY UNDERUTILIZED BUSINESSES ..................................................................... 12
6.0 DEPARTMENT OF INFORMATION TECHNOLOGY INSTRUCTIONS TO VENDORS............13
7.0 DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS .................. 15
Page 2 of 24
Rev. 2017/10/03
IFB Number: 30-18-0059-DPH
1.0 INTENT, USE, DURATION AND SCOPE
The purpose of this Invitation for Bids is to obtain pricing for and procure software maintenance for
Embarcadero Technologies software previously licensed to the NC Department of Health and Human
Services, Division of Public Health . Services will be provided in accordance to the terms and
conditions of this IFB.
2.0 GENERAL INFORMATION
2.1. VENDOR QUESTIONS
Due Date: February 15, 2018
Time:
2:00 PM Eastern Time
Email:
Katrina.Smith@dhhs.nc.gov
Instructions: Written questions will be received at Katrina.Smith@dhhs.nc.gov until the date
and time specified above. Please enter “Questions IFB 30-18-0059-DPH” as the subject for the
email. Vendor questions posed orally at any pre-offer site visit or conference must be reduced
to writing by the Vendor and provided to the Purchasing Officer as directed by said Officer.
Critical updated information may be included in these Addenda. It is important that all Vendors
bidding on this IFB periodically check the State website for any and all Addenda that may be
issued prior to the offer opening date.
2.2. ADDENDUM TO IFB
The State may issue addenda if Vendor questions are permitted as described below, or if
additional terms, specifications or other changes are necessary for this procurement. All
addenda will be posted to the Interactive Purchasing System (IPS),
https://www.ips.state.nc.us/ips/, and shall become an Addendum to this IFB.
2.3. OFFER SUBMITTAL
Due Date:
Time:
February 21, 2018
2:00 PM Eastern Time
Instructions: Sealed offers, subject to the conditions made a part hereof, will be received at
the address below, for furnishing and delivering the goods, software, and/or services as
described herein.
DELIVERED BY US POSTAL SERVICE
BID NO. 30-18-0059-DPH
NC Department of Health & Human Services
Office of Procurement & Contract Services
2008 Mail Service Center
Raleigh, NC 27699-2008
DELIVERED BY ANY OTHER MEANS
BID NO. 30-18-0059-DPH
NC Department of Health & Human Services
Office of Procurement & Contract Services
801 Ruggles Drive, Hoey Building
Raleigh, NC 27603
Page 3 of 24
Rev. 2017/10/03
IFB Number: 30-18-0059-DPH
It is the responsibility of the Vendor to deliver the offer in this office by the specified time and
date of opening, regardless of the method of delivery. Address envelope and include IFB/RFQ
number as shown above. Vendors are cautioned that offers sent via U.S. Mail, including
Express, Certified, Priority, Overnight, etc., may not be delivered in time to meet the deadline.
Deliver one (1) signed original executed offer, and one (1) copy of the executed offer
response along with one (1) signed, executed electronic copy of the offer on a USB Flash
Drive(s). Vendor must return all the pages of this solicitation with its offer. The files must
not be password-protected and must be capable of being copied to other media. Offers
submitted via facsimile (FAX) machine, telephone or electronically in response to this will not be
accepted.
Offer must be submitted on the forms provided herein. If additional sheets are required (for
example, Vendors who are offering alternate proposals); the Vendor should submit a separate
bid document. Any alternate proposals must be clearly marked as such with the phrase
“alternate offer for ‘name of’ Vendor” and numbered sequentially with the first offer. This legend
must be in bold type of not less than 14 point type on the face of the offer, and on the text of the
alternative proposal.
Prices and any other entry made hereon by the Vendor shall be considered firm and not subject
to change.
2.4. BASIS FOR REJECTION
Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole
or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service
offered; non-compliance with the specifications or intent of this solicitation; lack of
competitiveness; error(s) in specifications or indications that revision would be advantageous to
the State; cancellation or other changes in the intended project, or other determination that the
proposed requirement is no longer needed; limitation or lack of available funds; circumstances
that prevent determination of the best offer; or any other determination that rejection would be in
the best interest of the State. Vendor contact regarding this IFB with anyone other than Katrina
Smith may be grounds for rejection of said Vendor’s offer.
2.5. LATE OFFERS
Regardless of cause, late offers will not be accepted and will automatically be disqualified from
further consideration. It shall be the Vendor’s sole risk to ensure delivery at the designated office
by the designated time. Late offers will not be opened and may be returned to the Vendor at the
expense of the Vendor or destroyed if requested.
2.6. NON-RESPONSIVE OFFERS
Vendor offers will be deemed non-responsive by the State and will be rejected without further
consideration or evaluation if statements such as the following are included:
“This offer does not constitute a binding offer”,
“This offer will be valid only if this offer is selected as a finalist or in the competitive range”,
“Vendor does not commit or bind itself to any terms and conditions by this submission”,
“This document and all associated documents are non-binding and shall be used for
discussion purposes only”,
“This offer will not be binding on either party until incorporated in a definitive agreement
signed by authorized representatives of both parties”, or
A statement of similar intent.
Page 4 of 24
Rev. 2017/10/03
IFB Number: 30-18-0059-DPH
2.7. NOTICE TO VENDORS
The State objects to and will not be required to evaluate or consider any additional terms
and conditions not previously agreed to by the State and submitted with an Offeror’s
response. This applies to any language appearing in or attached to the document as part
of the Offeror’s response. By execution and delivery of this Invitation for Bids and
response(s), the Offeror agrees that any additional terms and conditions, whether
submitted purposely or inadvertently, shall have no force or effect.
2.8. E-PROCUREMENT SOLICITATION
This is not an E-Procurement solicitation (only Services will be procured). See Paragraph #33
of the attached Department of Information Technology Terms and Conditions. The Support
Services Terms and Conditions made part of this solicitation contain language necessary for the
implementation of North Carolina’s statewide E-Procurement initiative. It is the Vendor’s
responsibility to read these terms and conditions carefully and to consider them in preparing the
offer. By signature vendor acknowledges acceptance of all terms and conditions including those
related to E-Procurement.
a) General information on the E-Procurement service can be found at
http://eprocurement.nc.gov.
b) Within two days after notification of award of a contract, vendor must register in NC E-
Procurement @ Your Service at the following web site:
https://vendor.ncgov.com/vendor/login
c) As of the IFB submittal date, the Vendor must be current on all E-Procurement fees. If the
Vendor is not current on all E-Procurement fees, the State may disqualify the Vendor from
participation in this IFB.
2.9. DISTRIBUTORS AND RESELLERS
“Resellers” as used herein, refers to businesses that routinely sell or distribute Vendor’s
Products, and may include “Distributors”, “Value Added Resellers” (VARs), “Original Equipment
Manufacturers” (OEMs), Channel Partners, or such other designations. These businesses must
be approved by the State prior to placement of any orders. Any contract established will be
subject to this solicitation and any resulting Agreement(s), and to the terms and conditions of the
State’s competitive bidding process.
The Agency acknowledges that the Reseller has merely purchased the Third Party Items for
resale or license to the Agency, and that the proprietary and intellectual property rights to the
Third Party Items are owned by parties other than the Reseller (“Third Parties”). The Agency
further acknowledges that except for the payment to the Reseller for the Third Party Items, all of
its rights and obligations with respect thereto flow from and to the Third Parties. The Reseller
shall provide the Agency with copies of all documentation and warranties for the Third Party
Items which are provided to the Reseller. The Reseller shall assign all applicable third party
warranties for Deliverables to the Agency.
2.10. POSSESSION AND REVIEW
During the evaluation period and prior to award, possession of the bids and accompanying
information is limited to personnel of the issuing agency, and to the committee responsible for
participating in the evaluation. Vendors who attempt to gain this privileged information, or to
influence the evaluation process (i.e. assist in evaluation) will be in violation of purchasing rules
and their offer will not be further evaluated or considered.
Page 5 of 24
Rev. 2017/10/03
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