Pre-proposal Conference: Commonwealth Technology Center 1 Technology Park, Conference Room 1 & 2 Harrisburg, PA 17110 Issuing Office/Potential Offerors January 10, 2017 9:00 a.m. Answers to Potential Offeror questions posted to the DGS website at no later than this date. Issuing Office January 13, 2017 Please monitor website for all communications regarding the RFP. Potential Offerors On-going Sealed proposal must be received by the Issuing Office at: Attn: Joseph M. Millovich Bureau of IT Procurement c/o Commonwealth Mail Processing Center 2 Technology Park (rear) Attn: IT Procurement, 506 Finance Harrisburg, PA 17110 Proposals must be time and date stamped by the facility receiving the proposal. Proposals may only be hand delivered between 6:15 a.m. and 2:15 p.m., Monday through Friday, excluding Commonwealth holidays Offerors March 16, 2017 1:00 p.m. Acronyms used within this document API Application Program Interface ASN Autonomous System Number BGP Border Gateway Protocol CPT Controlled Penetration Testing CSP Cloud Solution Providers CTC Commonwealth Technology Center DDOS Distributed Denial of Service DMZ Demilitarized Zone DNS Domain Name System DWDM Dense Wavelength Division Multiplexing EAS Emergency System EN Enterprise Network EOL End of Life Gbps Gigabits Per Second IDS Intrusion Detection System IoT Internet of Things
necessary to ensure that appropriate resources are available for monitoring, testing and implementation. When classifying changes, the Offeror shall, comply with Commonwealth definitions and associated lead times for each change category as described in the Commonwealth’s Change Management Process included in Appendix N. The Offeror shall provide an after action report, including root cause analyses and corrective actions, following any unsuccessful change or changes which results in an unexpected negative impact to the Commonwealth, its business partners or customers. This report shall be provided to the Commonwealth and/or its enterprise service provider (RFP 2) designee within three (3) business days. If the root cause cannot be determined within three (3) business days, the Offeror shall notify the Commonwealth of its timeframe to identify root cause and provide a complete report. The Offer shall acknowledge that all contract changes (i.e., changes to the signed contract between the Commonwealth and the selected Offeror) must follow the Commonwealth’s Contract Change Request Procedure (see Appendix M - Contract Change Request Procedures). In Section III.8 of its response to this RFP: The Offeror provide a draft Change Management Implementation Plan which shall include: Contact information for change/release manager(s) Standard change freeze windows The Offeror shall provide a draft Change Management Plan which complies with the Commonwealth’s Change Management Process in Appendix N and shall include: Description of standard plan components Description of change priority categories (see Commonwealth’s Change Management Process included in Appendix N) and response time goals Description of test strategy and sample test completion results Description of change implementation methodology Description of rollback procedures Service Desk Management Ref Requirements of Selected Offeror
employees, and coordinate its Services and/or its provision of Supplies with such additional work as may be required. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees. This Section 18 shall be included in the Contracts of all contractors with which this Contractor will be required to cooperate. The Commonwealth shall equitably enforce this Section 18 as to all contractors to prevent the imposition of unreasonable burdens on any contractor. KEY POSITIONS/CONTRACTOR PERSONNEL Commonwealth appoint an individual (the “Commonwealth Project Manager”) who, from the Effective Date of the Contract, shall serve as the primary Commonwealth representative under the Contract. The Commonwealth Project Manager shall: Have overall responsibility for managing and coordinating the performance of Commonwealth’s obligations under the Contract; and Be authorized to act for and on behalf of Commonwealth with respect to all matters relating to the Contract. Notwithstanding the foregoing, the Commonwealth Project Manager may, upon notice to the Contractor Project Manager, delegate such of his or her responsibilities to other Commonwealth employees or third parties, as the Commonwealth Project Manager deems appropriate. Contractor shall appoint an individual (the “Contractor Project Manager”) who, from the Effective Date of the Contract, shall serve, on a full time basis, as the primary Contractor representative under the Contract. The Contractor Project Manager shall be a Key Position and the initial appointment and subsequent replacement of the Contractor Project Manager shall be subject to all procedures related to Key Positions. The Contractor Project Manager shall: Have overall responsibility for managing and coordinating the performance of Contractor’s obligations under the Contract; and Be authorized to act for and on behalf of Contractor with respect to all matters relating to the Contract. Contractor acknowledges that certain of the Contractor employees and subcontractors are critical to the provision of the Services hereunder (“Key Positions”). With respect to Key Positions, the Parties agree as follows: Each individual in a Key Position shall be dedicated to the Commonwealth account in accordance with the requirements set out in the Solicitation;
the Commonwealth’s failure to use corrections or enhancements made available to the Commonwealth by the Contractor at no charge. The obligation to indemnify the Commonwealth, under the terms of this Section, shall be the Contractor’s sole and exclusive obligation for the infringement or misappropriation of intellectual property. CONTRACT CONSTRUCTION The provisions of this Contract be construed in accordance with the provisions of all applicable laws and regulations of the Commonwealth. However, by executing this Contract, the Contractor agrees that it has and will continue to abide by the intellectual property laws and regulations of the United States of America. USE OF CONTRACTOR AND THIRD PARTY PROPERTY Definitions. “Contractor Property” refers to Contractor-owned tangible and intangible property. “Third Party” refers to a party that licenses its property to Contractor for use under this Contract. Party Property” refers to property licensed by the Contractor for use in its work under this Contract. Contractor Property shall remain the sole and exclusive property of the Contractor. Third Party Property shall remain the sole and exclusive property of the Third Party. The Commonwealth acquires rights to the Contractor Property and Third Party Property as set forth in this Contract. the Contractor Property or Third Party Property is integrated into the Supplies or Services which are not Developed Works), or the Contractor Property is otherwise necessary for the Commonwealth to attain the full benefit of the Supplies or Services in accordance with the terms of the Contract, the Contractor hereby grants to the Commonwealth a fully-paid up, worldwide license to reproduce, distribute, publicly perform, display, view, access and use the Contractor Property. These rights are granted for a duration and to an extent necessary to meet the requirements under this Contract. If the Contractor requires a separate license agreement, such license terms shall include the aforementioned rights, be acceptable to the Commonwealth and include the applicable exclusive,
new contractor and otherwise promptly take all steps required or reasonably requested to assist the Commonwealth in effecting a complete and timely Termination Assistance Services of any terminated Services. Contractor shall provide all information regarding the terminated Services or as otherwise needed for Termination Assistance Services, including Data conversion, interface specifications, and related professional services. Contractor shall provide for the prompt and orderly conclusion of all terminated Services, as the Commonwealth may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to the Commonwealth or the Commonwealth’s designee. Contractor’s obligation to provide the Termination Assistance Services shall not cease until an Assistance Event satisfactory to the Commonwealth, including the performance by Contractor of all asset-transfers and other obligations of Contractor provided in this Section 73, has been completed in accordance with mutually agreed to completion or acceptance criteria or if no agreed acceptance criteria exist, then to the Commonwealth’s reasonable satisfaction. Period of Provision. Contractor provide Termination Assistance Services commencing on the date a determination is made by the Commonwealth that there shall be an Assistance Event. Notice of an Assistance Event. The Commonwealth will provide Contractor with written notice of an Assistance Event. Such notice will include a description of the Services that are to be terminated or discontinued, the affected Commonwealth Agencies, and the anticipated effective date of the Assistance Event. The Commonwealth may modify or update any of the information provided in the initial notice of an Assistance Event from time to time by a supplemental notice from the Commonwealth to Contractor. Extension of Services. The Commonwealth may upon thirty (30) days prior notice to Contractor, to extend the period for performance of Termination Assistance Services (in whole or in part), in its sole discretion, provided that the total of all such extensions shall not result in Termination Assistance Services being performed beyond twenty-four (24) months following the effective date of the applicable Assistance Event without Contractor's consent. In each case, if the Commonwealth provides less than thirty (30) days prior notice of an extension, Contractor shall nonetheless use reasonable efforts to comply with the Commonwealth's request and provide the requested Services.
“HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996, as amended, Pub. L. No. 104-191. “HITECH Act” shall mean the Health Information Technology for Economic and Clinical Health (HITECH) Act, as amended, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5 (Feb. 17, 2009). “Privacy Rule” shall mean the standards for privacy of individually identifiable health information in 45 C.F.R. Parts 160 and 164, as amended, and related agency guidance. “Protected Health Information” or “PHI” shall have the meaning given to such term under HIPAA, the HITECH Act and related regulations, the Privacy Rule, the Security Rule (all as amended) and agency guidance. “Security Rule” shall mean the security standards in 45 C.F.R. Parts 160, 162 and 164, as amended, and related agency guidance. “Unsecured PHI” mean PHI that is not secured through the use of a technology or methodology as specified in HITECH Act regulations, as amended, and agency guidance or as otherwise defined in the HITECH Act, as amended. Stated Purposes For Business Associate May Use or Disclose PHI. The Parties hereby agree that Business Associate shall be permitted to use and/or disclose PHI provided by or obtained on behalf of Covered Entity for the following stated purposes, except as otherwise stated in this Agreement: NO OTHER DISCLOSURES OF PHI OR OTHER INFORMATION ARE PERMITTED. BUSINESS ASSOCIATE OBLIGATIONS: Limits on Use and Further Disclosure. Business Associate shall not further use or disclose PHI provided by, or created or obtained on behalf of Covered Entity