DEPARTMENT OF PROCUREMENT
REQUEST FOR PROPOSALS
FOR
LAWSON REMOTE MANAGED SERVICES
RFP NUMBER: 14-PR-DIT-22
ISSUED DATE: JULY 1, 2014
DEADLINE FOR QUESTIONS: JULY 11, 2014
CLOSING RFP DATE: JULY 31, 2014
REQUEST FOR PROPOSAL (RFP) FOR
LAWSON REMOTE MANAGED SERVICES
TABLE OF CONTENTS
SECTION I: GENERAL INFORMATION PAGES
1.1 Synopsis of Procurement:…………..……….. 7
1.2 Contract Award:…….…...…..………….……….……….….…... 7
1.3 DC Water’s Current Environment:..……… 7-9 1.4 Background of the District of Columbia Water and Sewer Authority:……… 9
SECTION II: SCOPE OF SERVICES 2.1 Custom Modification Management and Support:……….. .. 10
2.2 Database Management and Optimization:……… 10
2.3 Technical Upgrades:……….….……… 10
2.4 Daily Operations Support Monitoring and Notifications:……….……… 10
2.5 Service Coordination and Planning:………...…..………. 10
2.6 Level 2 Helpdesk:……..……….……….………. 10
2.7 Lawson Support and Development Coordination:……..………. 11
2.8 Performance Tuning:……….……… 11
2.9 Release Management:……….. 11
2.10 Disaster Recovery Activities:……….. 11
2.11 System Technical and Procedural Documentation:………. 11
2.12 Audit Assessment Support:……….. 11
2.13 24/7 System Health Monitoring:………. 11
Table of Content (continued)
SECTION III: CERTIFIED LOCAL/SMALL BUSINESS ENTERPRISE PROGRAM
3.1 General:……… 13 3.2 Preferences:……….. 13-14
3.3 Preferences for Subcontracting with LBEs and LSBEs:……….…. 14-15 3.4 LBE and LSBE Documentation……….:……….. 15-16 Contractor’s intent to subcontract with Certified Local and Local Small Business
Enterprises:……….. 17 Certified Local and Local Small Business Enterprise Program Certification Statement:. 18
SECTION IV: GENERAL RFP SERVICES/PRODUCTS QUESTIONNAIRE
4.1 Company:………. 19 4.2 Resumes:……….. 19
SECTION V: EVALUATION
5.1 General Evaluation Information:.……… 19
5.2 Evaluation Process:………. 19
5.3 Evaluation Criteria Factors:.……… 19-20
5.4 Requirements for Evaluation Factors:………. 20-22 5.5 Drug-Free Workplace (July 1990):……….. 22 5.6 Contact Person:……… 22
5.7 Oral Presentation:……….………... 22 5.8 Clarification of Proposal Information:…..……….. 22-23 5.9 Explanations to Prospective Respondents:..………... 23 5.10 Procurement Schedule:……….. 23 5.11 Cover Letter:……….. 23
………
5.12 Questions and Communication:………. 24 5.13 Failure to Submit Offer:………. 24 5.14 Disputes:………. 24 5.15 Protests:……….……….. 24-25 5.16 Appeals:……….. 25
SECTION VI: SCHEDULE
6.1 Termination for Default Provision:………. 25-27 6.2 Termination for Convenience Provision:……… 27-32 6.3 Stop Work Order Provision:.……….. 33 6.4 Acceptance Period:………….……….……… 33 6.5 Term of Contract:……….….. 33-34 6.6 Type of Contract:…...……… 34 6.7 Hourly Rate Adjustment:……… 34 6.8 Payment and Invoices:……… 34-35 6.9 Funding Limitation:……… 35 6.10 Non-Disclosure/Confidentiality:……… 35-36 6.11 Rights in Data:………. 36-37 6.12 Key Personnel:………. 37 6.13 Compliance with Laws:……… 37 6.14 Standard of Performance:……… 37 6.15 Records and Audits:……… 37-38 6.16 Time of Delivery:……… 38 Table of Contents
(continued)
Table of Contents (continued)
6.17 Assignment of Anti-Trust:……….. 38
6.18 Use of the District of Columbia Water and Sewer Authority’s Name..………….. 38
6.19 Insurance Requirements:………. 38
6.20 Contract Administration:………. 38
SECTION VII: PROPOSAL PREPARATION AND SUBMISSION 7.1 Proposal Identification:………. 39
7.2 Hand Delivery or Mailing of Proposals:………... 39
7.3 Proposal Submission Date and Time:……… 39
7.4 Proposal Size, Content and Organization:……… 40-43 7.5 Retention of Proposals:………. 43
7.6 Examination of Request for Proposals:……… 43
7.7 Competitive Negotiation:………. 43
7.8 Acknowledgment of Addenda:………. 43
7.9 Restriction on Disclosure and Use of Data:……….. 43
7.10 Late Proposals and Withdrawals:……… 43
7.11 Mid-Atlantic Purchasing Team Rider Clause:……….……… 44 APPENDIX 1: PRICE SCHEDULE:……….……… 45-47 The attachments listed below are incorporated by reference with this Request for Proposals. The items identified with an asterisk (*) must be completed, signed by the appropriate representative of the company, and submitted with the proposal.
A. General Contract Provisions for use with District of Columbia Water and Sewer Authority Goods and Services Contracts, dated December 20, 2012;
B. Representations, Certifications, Acknowledgments, Affidavits and W-9 Request for Taxpayer Identification Number and Certification*;
C. E.E.O. Information*;
E. Wage Determination No.: 2005-2103, Revision No.: 13, dated June 19, 2013; F. DC Water Works Employment Program*;
G. Cost and Price Analysis Form*; and H. Vendor Information Form*.
SECTION I: GENERAL INFORMATION INTRODUCTION
1.1 SYNPOSIS OF POCUREMENT
This Request for Proposal (RFP) is being issued by the District of Columbia Water and Sewer Authority (DC Water), Department of Procurement on behalf of the Department of Information Technology (DIT). DC Water is soliciting competitive sealed proposals from competent and qualified firms to support Lawson Remote Managed Services. The services to be supported will consist of the following:
Coverage of the entire application lifecycle, including upgrades;
Day-to-day application management;
Application support;
Technical support; and
Business Continuity/Disaster Recovery (DR).
This RFP is part of a competitive procurement process which helps to serve DC Water’s best interests. It also provides firms with an opportunity for their services to be considered. If a firm takes exception to any requirements specified in the scope of services and any incorporated attachments, it shall be specifically stated in its response.
1.2 CONTRACT AWARD
It is anticipated that a contract will be executed with the firm selected to provide the Lawson Managed Services with an effective date of October 1, 2014.
1.3 DC WATER’S CURRENT ENVIRONMENT IS AS FOLLOWS:
Database servers are Sun Solaris with Oracle 11G2
Applicants Servers are Windows 2008 R2 64bit in VM Ware Clusters
Individual application servers are configured for each of the following applications:
o Lawson System Foundation (LSF) v9.0.1.11, Core Applications v9.0.1.8;
o WebSphere (WAS) v7.0.25 installed as separate instances on development, test, production, and DR;
o Landmark Procurement Applications (LPA) v10.x, Bound Security with LDAP AD LDS;
o Bouncy Castle v1.6;
o Lawson Business Intelligence (LBI) v10.1.5;
o Mobile Supply Chain Management (MSCM) v10.0.3;
o Smart Office vLCM9.0.1/LSO v10.0.4; and
o Infor Corporate Performance Management (CPM) Budget 10.4.0 (development, test, production).
o The Lawson virtual server architecture consists of:
o 6 Production - located at Blue Plains SW, DC (5 + 1* external web server for Supplier Portal);
o 2 Hot standby DR - located at DC Water’s back-up data center at O St SE, DC
o 5 Test - located at Blue Plains SW, DC;
o 5 Development - located at Blue Plains SW, DC; and
o 2 Infor Corporate Performance Management (CPM) virtual servers:
o DC Water’s current function environment includes the following modules:
o General Ledger;
o Accounts Payable;
o Accounts Receivable;
o Procurement;
o Inventory Management;
o 49 LAUA security classes and LS9 security roles under development;
o Smartnotes;
o LBI;
o Infor/Lawson IPA and PFI (S3);
o Microsoft Add-ins;
o Mobile Supply Chain Management; and
o 13 Infor created custom 4GL interface forms and reports; and
o Grants and Budget.
o DC Water’s plans deploy:
o Requisition Center;
o Contracts Management;
o Supplier Portal;
o Wireless handhelds and barcode printers; and
o Strategic Sourcing.
o DC Water is using the following 3rd party:
o MHC Document Express clients v4.1o Build 588;
o Perceptive Software ImageNow v6.6.0.604, 2 Windows 2008 R2 64Bit VM servers, development and production;
o Machensoft – Kinsey and Kinsey Security Listener v3.4 on 1 Windows 2008 R2 64 Bit VM Server.
o
o Lawson is interfaced with the following applications:
o Primavera P6 - for capital project accounts;
o Custom developed 4 GL COBOL - Lawson Professional Services developed for Maximo interfacing;
o Orcom CIS - Customer service system interfaces with GL;
o Ceridian - Labor Distribution codes (to be Dayforce);
o ePayables - Bank of America ACH transactions;
o Scales - Custom interfaces from Mettler Toledo used to import scales transactions into Lawson;
o Machensoft - Kinsey and Kinsey Security Listener and migration utility;
o VLM - DB trigger in Lawson outbound to VLM Warehouse SQL DB; and
o PHP5 - Custom reports and files transfers.
1.4 BACKGROUND OF THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Historically as a part of the District’s Department of Public Works Water and Sewer Utility Administration (WASUA) until on April 18, 1996, DC Law 11-111 established the District of Columbia Water and Sewer Authority (WASA) as an independent, regional utility agency by the Council of the District of Columbia.
DC Water serves the Washington metropolitan area with two core businesses:
1. Retail water distribution and wastewater conveyance and treatment for approximately 500,000 residential, commercial, municipal and Federal customers of the District of Columbia; and 2. Wholesale wastewater treatment for regional service area of over 2 million (Montgomery and Prince George’s counties in Maryland and portions of Fairfax and Loudoun counties in Virginia).
In support of these core businesses, DC Water establishes rates, fees, and other charges for all service. This revenue pays for all operations including the operation of the Blue Plains Wastewater Treatment Plant.
The legislation that established DC Water required the establishment of a Board of Directors as the Authority’s governing body. The Board is comprised of 11 members and 11 alternates: 6 District of Columbia representatives, 2 Montgomery County representatives, 2 Prince Georges County representatives and 1 Fairfax County representative. The District members are appointed by the Mayor with the advice and consent of the Council, of which, no more than 4 may be District employees or officials. The Mayor also has the authority to appoint persons recommended by the other participating jurisdictions to the remaining 5 positions.
SECTION II: SCOPE OF SERVICES
DC Water is soliciting proposals from competent and qualified firms to provide Lawson Remote Managed Services. The selected firm will provide dedicated resources to assist with the services described below:
2.1 CUSTOM MODIFICATION MANAGEMENTAND SUPPORT
Manage and support changes that will affect custom COBOL 4GL coding and related changes through tools like Design Studio, performance patch management for Critical Transfer Packages (CTP), Environment Service Packages (ESP), Maintenance Service Packages (MSP), Landmark, and WebSphere patches. The firm will work with Information Technology (IT) on release schedule planning and of execution approved changes.
2.2 DATABASE MANAGEMENT AND OPTIMIZATION
Analyze and maintain optimal database (DB) performance working with DC Water’s Database Administrator (DBA), provide recommended Infor DB settings and review with DBA.
2.3 TECHNICAL UPGRADES
Perform planned upgrades following Software Development Life Cycle (SDLC) practices to all environments working in collaboration with DC Water’s IT staff. These upgrades will also include network architecture changes in relation to the supported environments.
2.4 DAILY OPERATIONS SUPPORTMONITORING AND NOTIFICATIONS
Provide monitoring of system resources, logs, and notifications on all events critical to daily and afterhours business processes. Provide weekly status reports on overall system health and performance to IT management.
2.5 SERVICE COORDINATION AND PLANNING
Provide support services for on/off hours, emergency and scheduled/unscheduled outages directly or indirectly relating to but affecting the supported systems.
2.6 LEVEL 2 HELPDESK
Second tier support to the DC Water Information Technology Solution Center (ITSC) for all end users and IT requests with escalation and incident case management through Infor Xtreme Support and/ vendors support issue management system. This will include planned afterhours and weekend project support activities. Provide a weekly summary on all support requests and statuses.
2.7 LAWSON SUPPORT AND DEVELOPMENT COORDINATION
Planning and development of tasks, and documentation for Infor application development activities and/or projects undertaken by DC Water along with any associated support task needs. Maintain up-to-date system version and patch records.
2.8 PERFORMANCE TUNING
Evaluate, test, and upon approval perform tuning activities to the outlined supported applications, and Infor/Lawson required third party applications such as WebSphere.
2.9 RELEASE MANAGEMENT
Provide documentation, assist in planning, and execution of activates in accordance with DC Water release management policies for the systems being supported. Monthly release scheduling and Change Review Board participation will be required.
2.10 DISASTER RECOVERY ACTIVITIES
Evaluate, enhance, test, and support DR exercises and manage DR event activities under DC Water supervision. Plan and execute quarterly DR testing activities. Maintain a log of all DR activities and provide a summary report to DC Water management.
2.11 SYSTEM TECHNICAL AND PROCEDURAL DOCUMENTATION
Review existing documentation and provide additional documentation for the procedural and technical administration of the systems covering; but not limited to scheduled maintenance tasks, user administration and security. Documentation should be reviewed and updated every six (6) months. This will include software and hardware versions associated with all supported systems.
2.12 AUDIT ASSESSMENT SUPPORT
Provide support to DC Water management in gathering data, compiling reports, review remediation of audit findings on supported systems based on internal and external audit findings. Familiarization with DC Water Information Security Policy and procedure is required.
2.13 24/7 SYSTEMS HEALTH MONITORING
Monitoring of all systems health status, with immediate notifications on identified problems with production systems. Provide notifications to DC Water’s IT management on identified concerns, severity, and suggested steps to resolve problems for approval. Utilize DC Water or approved third party tools for monitoring and alerting purposes.
2.14 INCIDENT, PROBLEM AND CHANGE MANAGEMENT
Provide incident, risk, and problem identification along with root cause identification and proposed remediation plan for review by the IT Change Review Board or management. The vendor shall follow DC Water’s IT Change Management policies and procedures prior to remediation.
SECTION III
CERTIFIED LOCAL/SMALL BUSINESS
ENTERPRISE PROGRAM
CERTIFIED LOCAL AND LOCAL SMALL BUSINESS ENTERPRISE PROGRAM
Preferences for Local Business Enterprises (LBEs) and Local Small Business Enterprises (LSBEs)
3.1. General
DC Water is committed to the participation and utilization of certified LBEs and LSBEs in its contracting and procurement activities. Pursuant to the Authority’s Procurement Regulations and Business Development Plan, preferences shall apply in the evaluation of bids and proposals from local and small businesses located within the District of Columbia, Fairfax County, Loudoun County, Montgomery County and Prince George’s County. To facilitate and encourage the participation of local and small business utilization and participation, a preference will apply to competitive solicitations for goods, services, construction and architectural and engineering services. In order to participate in the preference program, a business enterprise shall have current certification or registration as a LBE or LSBE by one of the following:
a) District of Columbia’s CBE Certification Program;
b) Montgomery County’s Minority, Female and Disabled Business Enterprises Certification Program;
c) Prince Georges County’s Local, Minority Business Enterprise Registration Program; d) Virginia Department of Minority Business Enterprise’s Small, Women and Minority
Owned Business Program as accepted by Fairfax County;
e) Virginia Department of Minority Business Enterprise’s Small, Women and Minority Owned Business Program as accepted by Loudoun County; or
f) Other certification programs recognized by the District of Columbia; Fairfax County; Loudoun County; Montgomery County; and Prince George’s County and meet their respective criteria for Local and Local and Small Businesses.
3.2 Preferences
The Program provides for the utilization of preference points in evaluating proposals and a percentage reduction in price in evaluating bids submitted by LBEs and LSBEs or Prime
contractors utilizing LBEs and or LSBEs as subcontractors. For evaluation purposes, the allowable preferences for a competitive solicitation are as follows.
a) Any prime bidder/proposer that is certified as a LBE will receive a maximum of five percent (5%) reduction in the bid price in response to an Invitation for Bids (IFB) or the addition of a maximum of five (5) points added to the overall score for proposals in response to a Request for Proposal (RFP).
b) Any prime bidder that is certified or registered as a LSBE will receive a maximum of ten percent (10%) reduction in the bid price or $100,000 in response to an Invitation for Bids or the addition of a maximum ten (10) points added to the overall score for proposals in response to a Request for Proposal (RFP).
The maximum eligible preference price reduction for a single bid is a total of ten percent (10%) or $100,000, whichever is less.
The maximum number of eligible preference points for a single proposal is an additional ten (10) points.
3.3 Preferences for Subcontracting with LBEs and LSBEs
a) If the prime bidder/proposer is not a certified LBE or LSBE, preferences will be applied to the dollar value that is designated by the prime contractor for subcontracting with LBE or LSBE firms.
b) If the prime bidder/proposer is a joint venture that is not a certified LBE or LSBE joint venture, preferences will be applied proportionately based on the total dollar value of the bid or proposal that is designated for the certified LBE or LSBE participation in the joint venture.
c) If the prime bidder/proposer is a certified LBE, preferences will also be applied to LBE and/or LSBE based on the dollar value that is designated by the prime contractor for subcontracting with an LBE and/or LSBE.
The following formula will be used to calculate the number of preference points or percent price reduction that will be used in evaluating the bid/proposal:
Proposal
Amount of LBE/LSBE subcontract divided by the total proposal amount times five (5) points for LBE (or times ten (10) points for LSBE) equal applicable preference points or:
LBE Subcontract Amount
X 5 = Applicable points Total Proposal Amount
Bid
Amount of LBE/LSBE subcontract divided by the total bid amount times five percent (5%) for LBE (or times ten percent (10%) for LSBE) equal applicable price reduction or:
LSBE Subcontract Amount X 10 = Applicable % Price Reduction Total Bid Amount
d) Any prime bidder/proposer receiving the full maximum bid price reduction or maximum point addition to its overall score will not receive any additional price reduction or points for LBE or LSBE participation on a subcontracting level.
e) When a joint venture includes a certified LBE or LSBE that owns and controls at least fifty-one (51%) of the venture, the joint venture will receive the preferences as if it were a certified LBE or LSBE.
f) When a prime contractor is a certified LBE or LSBE, the prime contractor shall perform at least fifty-one percent (51%) of the contracting effort, excluding the cost of materials, goods and supplies, with its own organization and resources.
3.4 LBE and LSBE Documentation
a) When the prime contractor is seeking a preference on the basis of subcontracting with an LBE or LSBE, the prime contractor shall submit the following:
1)A completed Contractor’s Intent to Subcontract with Certified Local and Local Small Business Enterprise Form; and a Certified Local and Local Small Business Enterprise Form.
2) Assurance that the prime contractor will cooperate in any studies or surveys that may be required by the contracting officer, and submit periodic reports, as requested by the contracting officer, to allow DC Water to determine compliance by the prime contractor with the subcontracting plan.
3) A copy of current LBE or LSBE certification or registration letter(s) from one of the following:
a) District of Columbia Department of Small and Local Business Development; b) Montgomery County Economic Development Agency;
c) Prince George’s County Minority Business Development Department; d) Virginia Department of Minority Business Enterprise; or
e) Other certification agencies and programs recognized by the District of Columbia or a DC Water user jurisdiction and meets the District of Columbia’s or user jurisdiction’s criteria for local and local and small business enterprises.
Bidders/proposers should contact the applicable agency directly regarding its certification procedures, requirements and/or certification or registration status as a LBE or LSBE. 4) Any material misrepresentation on the certificate form may result in termination of the contract, contractor’s liability for civil and criminal action in accordance with the law, and possible debarment.
The DC Water Business Development Plan can be accessed on-line at:
http://www.dcwater.com/business/special_contracts.cfm,or by contacting the DC Water, Department of Procurement at 202/ 787-2704.
CONTRACTOR’S INTENT TO SUBCONTRACT WITH CERTIFIED LOCAL and LOCAL SMALL BUSINESS ENTERPRISES
Non-certified prime contractors may obtain consideration for evaluation of preferences for subcontracting with certified local or local small business enterprises as described in Attachment D: “Certified Local/Small Business Enterprise Program for Goods and Services Contracts”, by completing this form for the qualifying subcontractor(s) with their response.
Solicitation Number: Project Name:
Name of Prime Bidder/ Proposer
If awarded this project, the Prime Contractor intends to use the following subcontractor(s):
Company Name Type of Work To Be Performed
Estimated Dollar Amount
Current Certification Type (Local or
Local Small)
Certificati on Number
CERTIFIED LOCAL and LOCAL SMALL BUSINESS ENTERPRISE
PROGRAM CERTIFICATION STATEMENT
(To Be Filled Out for Each Certified Firm the Prime Contractor is Seeking Preference Points)
Solicitation Number: Project Name: Project Location: Name of Bidding Prime:
Total Bid
Price: $
Name of Certified Subcontractor:
Address of Certified Subcontractor:
Address 1
Address 2
City State Zip
Name of Certified Subcontractor Representative Title Contact
Telephone:
Contact Email: Amount of Planned Subcontract $
Description of Work to Be Performed
Prime Contractor Signature Date Certified Subcontractor Signature
SECTION IV: GENERAL RFP SERVICES/PRODUCTS QUESTIONNAIRE
4. 1 Company
Respondents shall provide a company profile including number of years in business, business areas, number of employees, current major client areas and any other relevant information as deemed necessary.
4.2 Resumes
Respondents shall provide a resume for each personnel proposed that substantiate the qualifications of the individual.
SECTION V: EVALUATION
5.1General Evaluation Information
Contract Award Criteria
The contract will be awarded to the responsible offeror whose offer is most advantageous to DC Water based upon the evaluation criteria specified below. Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of award. Rather, the total scores shall guide DC Water in making an intelligent award decision based upon the evaluation criteria. DC Water reserves the right to reject any and all proposals determined to be inadequate or unacceptable.
DC Water reserves the right to request oral presentations from those respondents determined to be in compliance with the requirements and use the information derived from the oral presentations, if any, in the evaluation. DC Water may award a contract on the basis of initial offers received, without interviews or discussions. Therefore, each initial offer should contain the respondent’s best terms from a technical standpoint and cost.
5.2 EVALUATION PROCESS
Proposals will be evaluated by an evaluation committee composed of members who, collectively, have experience in Lawson Remote Managed Services. The proposals and qualifications statements will be evaluated in accordance with the process and criteria specified in DC Water’s Procurement Regulations and Manual.
5.3 EVALUATION CRITERIA FACTORS
The evaluation factors set forth shall be used to evaluate each proposal. These factors should be carefully examined and appropriately responded to in each proposal submitted. Relevant to this RFP, a total of 110 points, including preference points for
local and local small business enterprises, could be granted. The factors and their respective points are described as follows:
FACTORS MAXIMUM
POINTS
A. Technical Capabilities 20 B. Experience of Proposed Resources 25
C. Qualifications of Proposed Team 25
D. References 10
E. Price 20 Factors Subtotal 100
Preferences
Local Business Enterprise (LBE) 5
Local Small Business Enterprise (LSBE) 5 Total Preference Points 10
Total Maximum Points 110
5.4 REQUIREMENTS FOR EVALUATION FACTORS
Proposals will be evaluated to determine their acceptability in accordance with the criteria specified above. The award will be based on the best value to DC Water. The proposals must address the five (5) criteria areas specified. The proposal sections shall be externally tabbed in the order of the evaluation criteria. The first page must include a summary of the proposed services. Respondents must provide detailed responses to the factors specified below:
A. Technical Capabilities - 20 points
The respondent shall explain in detail how the firm intends to perform the requirements as specified in Section II, Scope of Services of the (RFP). This shall include a detailed explanation of how the respondent proposes to perform each requirement specified. The respondent’s response should consider all complexities/challenges, such as having adequate contingencies in place to ensure timely and on-budget delivery.
B. Experience of Proposed Resources - 25 points
The proposed resources to support the project shall have the following minimal qualifications. However, if additional resources are required, please list their qualifications.
1. Senior Financial Suite and Procurement Suite Application Consultant
o => 10 years industry specific consulting
o => 7 years Lawson Financial consulting
o Certified Lawson consultant
o Bachelor’s degree in Computer Science, Engineering, or related field or equivalent work experience
o Professional resume detailing Lawson consulting experience
2. Senior Technical Consultant
o => 10 years industry specific consulting
o =>7 years Lawson Technical consulting
o => 10 successful 9.x conversions
o Certified Lawson consultant (Windows OS)
o => 5 years experience supporting the integration and testing of non-standard reports and interfaces to the Lawson Financial system such as:
3. Business Process Assessment Facilitator
o => 10 years industry specific consulting
o => years Lawson Financial consulting
o Certified Lawson consultant
o => 5 Lawson Business Process Assessment facilitations
o Bachelor’s degree in Computer Science, engineering, or related field or equivalent work experience
o Professional resume detailing Lawson consulting experience
C. Qualifications of Proposed Team -25 points
Provide information regarding the experience of the team being offered for the resulting contract to include the names of the project leader and all personnel to be assigned; identifying key personnel, their respective roles, the time each will be dedicated to the resulting contract and resumes for each showing their qualifications with respect to the roles to be performed, experience in having performed the same/similar role as the one contemplated under this contract, and detailed techniques employed, as proof of their capability.
D. References - 10 points
The respondent shall provide five (5) references where respondent has performed similar Lawson Remote Managed Services for public or commercial enterprises in the last five (5) years, in terms of cost control, quality of work and compliance.
E. Cost - 20 points
The respondent’s ability to provide a competitive, complete, comprehensive and economical project pricing considering all of the activities outlined in the requirements set-forth in the scope of services, and RFP requirements will be evaluated.
The lowest proposal price of the proposals found to be responsive will be divided by the price of the proposal being evaluated and the resulting quotient will then be multiplied by the maximum points as reflected below:.
Example:
Lowest proposal price x 25 points maximum = _______ Price in proposal of (Score)
offeror being evaluated
5.5 DRUG-FREE WORKPLACE (JULY 1990)
Please reference Attachment B, Representations, Certifications, Acknowledgments, affidavits and W-9 Request for Taxpayer Identification Number and Certification, regarding a Drug-Free Workplace.
5.6 CONTACT PERSON
Maxine Y. Buchanan, Senior Contract Administrator District of Columbia Water and Sewer Authority Department of Procurement
5000 Overlook Avenue, SW, Room 200 Washington, DC 20032
Telephone number (202) 787-2023 Fax number (202) 787-2042 E-mail: mbuchanan@dcwater.com
5.7 ORAL PRESENTATION
Respondents who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal. This provides an opportunity for the respondents to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. Oral presentations are an option and may or may not be conducted.
5.8 CLARIFICATION OF PROPOSAL INFORMATION
contained in any of the proposals. This clarification may include checking references and securing other data from outside sources, as well as from respondents.
5.9 EXPLANATIONS TO PROSPECTIVE RESPONDENTS
Any prospective respondent desiring an explanation or interpretation of this RFP must request it in writing. Requests should be directed to the Contact Person at the address listed in Section 5.6 no later than 4:00 p.m., on July 11, 2014.
Questions may be e-mailed or faxed. Oral explanations or instructions given before the award of the contract will not be binding.
5.10 PROCUREMENT SCHEDULE
RFP Advertised June 29, 2014
RFP Available on Website/Pick-up July 1, 2014
Deadline for Questions July 11, 2014
Responses to Questions July 18, 2014
RFP Closing Date July 31, 2014
Establish Proposals Competitive Range August 5, 2014 Respondents selected for Oral Presentations, Interviews,
Discussions, if required August 19, 2014
Selection of Firm September 12, 2014
Negotiation of Contract September 16, 2014
Contract Award Date October 1, 2014
5.11 COVER LETTER
A cover letter on the respondent’s letterhead shall be submitted and include but need not be limited to the following information:
A. The signature of a person authorized to bind the respondent legally to the extent of work and financial obligation outlined in the proposal.
B. A statement that the proposal will be valid for 120 days.
C. Identification of all the material enclosures submitted in response to the RFP. D. A summary of the submitted offering and a brief statement of the respondent’s qualifications to meet the needs as described in this RFP. This information shall include:
1. The names/titles of the individuals that assisted in the preparation of the proposal and their relationships to the respondent.
2. The name, address and telephone number of the individual to whom inquiries relating to this proposal shall be directed.
5.12 QUESTIONS AND COMMUNICATION
All communications regarding this RFP by prospective respondents or its employees, agents or consultants, direct or indirect, should be directed to the Department of Procurement representative designated in Section 5.6, “Contact Person”, of this RFP. Any communication regarding this RFP by an respondent or its employees, agents or consultants, direct or indirect, with DC Water’s Board Members or DC Water employees, are expressly prohibited.
Questions and comments regarding the meaning or interpretation of any aspect of this solicitation must be submitted in writing to the Procurement Contact identified herein and must be received on or before the deadline for submitting questions. Only written questions will be acceptable. Questions and/or comments which are submitted after the deadline will not be answered. DC Water will respond to all timely questions and comments that are properly submitted and are deemed to address a matter that is relevant and substantive in nature within a reasonable period of time, in the form of a written addendum that will be transmitted to all prospective respondents at the address furnished to DC Water for such purpose. Oral communications between DC Water and any prospective respondent regarding the interpretation or meaning of any aspect of this RFP are not authorized and will not be relied upon for any purpose.
5.13 FAILURE TO SUBMIT OFFER
Recipients of this solicitation not responding with an offer should not return this solicitation. Instead, they should advise the contract administrator by letter whether they want to receive future solicitations for similar requirements. It is also requested that such recipients advise the contract administrator of the reason for not submitting a proposal in response to this RFP. If a recipient does not submit an offer and does not notify the contract administrator that future solicitations are desired, the recipient's name may be removed from the applicable mailing list.
5.14 DISPUTES
Contract Dispute Resolution: DC Water shall attempt to resolve all contract disputes arising under, or relating to, contracts by mutual agreement after informal discussions have taken place between the contractor and DC Water.
5.15 PROTESTS
Protests directed to the terms, conditions, or form of a proposed procurement action, must be received by the Contracting Officer in writing not later than ten (10) calendar days prior to the date established for opening of bids or receipt of proposals, except that an initial protest that arises under an amendment to a solicitation may be filed up to four (4) calendar days after the date the amendment was issued but in no case after the time established for opening of bids or receipt of proposals.
Protests of an award decision shall be filed in writing with the Contracting Officer within five (5) calendar days of when the protester knew or should have known of the facts and circumstances upon which the protest is based. Only bidders /proposers may protest an award decision. Protests must be received by 5:00 p.m. according to local time in the District of Columbia. Any protests received after that time will be considered to be filed on the next day.
The Contracting Officer shall issue a decision within thirty (30) calendar days after the protest is filed, subject to any extension approved by the General Manager. The decision of the Contracting Officer shall be final and conclusive. No further administrative remedies will be available to the protester.
The aggrieved party shall deliver the protest to the General Manager at: DC Water
5000 Overlook Avenue, SW Third Floor
Washington, DC 20032
A copy of the protest shall be delivered to the Procurement Director. It shall be delivered to:
DC Water
5000 Overlook Avenue, SW Second Floor
Washington, DC 20032
5.16 APPEALS
The right to appeal a decision of the Contracting Officer must be filed with a court of competent jurisdiction.
SECTION VI: SCHEDULE
6.1 Termination for default provision
(a) The performance of work under the Agreement may be terminated in whole or in part, in writing (a "Notice of Termination") by the Authority, whenever the Contractor shall default in performance of the Agreement in accordance with its terms, including, but not limited to, a failure to perform the services within the time specified, or a failure to make progress as to endanger performance of the Agreement, and the Contractor has failed to cure such default within a period of five (5) days from the date of the notice of default or such longer period as the Contracting Officer authorizes in writing.
However, no such termination may be effected unless the Contractor is given:
(1) Written notice to terminate (delivered by hand or certified mail, return receipt requested) no less than five (5) days before the date of termination; and,
(2) An opportunity for consultation with the Authority before termination.
(b) In the event the Authority terminates the Agreement in whole or in part as provided in part (a) of this Section, the Authority may procure, upon such terms and in such manner as the Authority deems appropriate, services similar to those so terminated, and the Contractor shall be liable to the Authority for all reasonably incurred excess costs for similar services; provided, however, that the Contractor shall continue the performance of the Agreement to the extent not terminated under the provisions of this Section. (c) If the Agreement is terminated as provided in part (a) of this Section, and in
addition to any other rights provided in the Section or which may exist at law or in equity, the Authority shall be entitled to, and the Contractor shall transfer title and deliver in the manner and to the extent directed by the Contracting Officer, any completed or partially completed goods, drawings, information, and contract rights as the Contractor has specifically produced or specifically acquired for the performance of such part of the Agreement as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Authority has an interest.
(d) If the Authority terminates for default, an equitable adjustment in the price provided for in the Agreement shall be made, but:
(1) No amount shall be allowed for anticipated profit on unperformed services or other work; and
(2) Any payment due to the Contractor at the time of termination for completed work delivered to and accepted by the Authority shall be at the prorated portion of compensation provided for in the Agreement, and may be adjusted to the extent of any damages, costs or losses of any other kind the Authority incurs because of the default. The Authority may withhold from amounts otherwise due to the Contractor for any completed work such sum as the Contracting
Officer determines to be necessary to protect the Authority against any loss because of outstanding liens or claims of former lien holders. (e) If, after Notice of Termination of the Agreement under the provisions of this Section, it is determined for any reason that the Contractor was not in default under the provisions of the Agreement, the rights and obligations of the parties shall be the same as if the Notice of Termination had been issued pursuant to part 6.2 of this Section, that is, as if Termination for Convenience has taken place.
(f) The rights and remedies of the parties provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, in equity, or under the Agreement.
(g) In the event of a Dispute with respect to: (i) the amount of damages to which the Authority is entitled as a result of a Termination under this Section (6.1); (ii) the equitable adjustment, if any, made to the Agreement as a result of a Termination under this Section (6.1); or (iii) an assertion by the Contractor that Termination under this Section (6.1) was in substance a termination for convenience under part 6.2 of this Section, such Dispute shall be subject to Part 9 of these General Provisions. Nothing contained in this Section (g) shall limit (or be construed to limit) the application of Part 9 to any particular class or type of Dispute.
6.2 Termination for convenience provision
(a) In addition to the procedures described in part 6.1 of this Section, the Authority may terminate the Agreement for its convenience, in whole, or in specified part, for a reason or no reason whatsoever. Such termination shall be in writing ("Notice of Termination for Convenience"). However, no such termination may be affected unless the Contractor is given:
(1) Written notice to terminate (delivered by hand or certified mail, return receipt requested) no less than five (5) days before the date of termination; and,
(2) An opportunity for consultation with the Authority before termination.
Any such termination shall be effected by delivery of a Notice of Termination for Convenience, to the Contractor, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective.
(b) After receipt of a Notice of Termination for Convenience issued pursuant to this, and except as otherwise directed by the Contracting Officer, the
Contractor shall:
(1) Stop work under the Agreement on the date and to the extent specified in the Notice of Termination for Convenience.
(2) Place no further orders or Subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work that is not terminated.
(3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination for Convenience.
(4) Assign to the Authority, in the manner, at the times, and to the extent directed by the Contracting Officer, all rights, title and interest of the Contractor under the orders and Subcontractors so terminated, in which case the Authority shall have the right, in its sole and absolute discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
(5) Settle all outstanding liabilities and all claims arising out of such termination of orders or subcontracts, with the prior written approval or ratification by the Contracting Officer to the extent he may require, which approval or ratification shall be final for all purposes of this Section.
(6) Transfer title to the Authority and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer:
(A) The fabricated or unfabricated parts, work in progress, completed work, supplies, and other material procured as a part of, or acquired in connection with, the performance of the work terminated by the Notice of Termination for Convenience; and
(B)The completed or partially completed plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the Authority.
(7) Use its best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Officer,
any property of the types referred to in Subparagraph (6); provided, however, that the Contractor:
(A) Shall not be required to extend credit to any purchaser;
(B)May acquire any property under the conditions prescribed and at a price or prices approved by the Contracting Officer; and
(C) Provided further, that the proceeds of any such transfer or disposition shall be approved in reduction of any payments to be made by the Authority to the Contractor under the Agreement, or shall otherwise be credited to the price or cost of the work covered by the Agreement and paid in such other manner as the Contracting Officer may direct. (8) Complete performance of such part of the work as shall not have been
terminated by the Notice of Termination for Convenience.
(9) Proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the cost, or any item of reimbursable cost, under this Section.
(10) Submit to the Contracting Officer a list, at any time after expiration of the Plant Clearance Period, certified as to quantity and quality, for all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Officer, and may request the Authority to remove such items or enter into a storage agreement governing them. Not later than ten (10) days thereafter, the Authority will accept title to such items and remove them or enter into a storage agreement covering the same; provided, however, that the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of submission of the list, and any necessary adjustments to correct the list as submitted shall be made prior to final settlement.
"Plant Clearance Period" means, for each particular property classification (such as raw materials purchased parts and work in progress) at any one plant or location, a period beginning with the effective date of the termination for convenience and ending forty-five (45) days after receipt by the Contracting Officer of acceptable inventory schedules covering all items of that particular property classification in the termination inventory at that plant or location, or ending on such later date as may be agreed to in writing by the Contracting Officer and the Contractor. Final phase of a plant clearance period means that part of a plant clearance period which occurs after the
receipt of acceptable inventory schedules covering all items of the particular property classification at the plant or location.
(c) After receipt of a Notice of Termination for Convenience, the Contractor shall submit to the Contracting Officer a claim setting forth the amount believed to be due the Contractor, in the form with the certification and all supporting documentation prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than ninety (90) days from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such ninety (90) day period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such delay, he may receive and act upon any such termination claim at any time after such ninety (90) days or extension thereof. Upon failure of the Contractor to submit this termination claim within the time allowed, the Contracting Officer may, subject to any review required by the Authority's procedures in effect as of the date of execution of the Agreement, determine, on the basis of information available to him, the amount, if any, due the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
(d) Subject to the provisions of part (c) of this Section, and subject to any review required by the Authority's procedures in effect as of the date of execution of the Agreement, the Contractor and Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this Section, which amount or amounts may include a reasonable allowance for profit on work done; provided, however, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the amounts indicated in the Agreement as reduced by the amount of payments otherwise made and as further reduced by the Agreement price of work not terminated. The Agreement shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in part (e) of this Section prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amounts to be paid to the Contractor by reason of the termination of work pursuant to this Section 6.2, shall be deemed to limit, restrict or otherwise determine or effect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this Section 6.2.
(e) In the event of the failure of the Contractor and the Contracting Officer to agree as provided in part (d) of this Section, upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Section 6.2, the Authority shall pay to the Contractor the amounts determined
by the Contracting Officer as follows, but without duplication of any amounts agreed upon in accordance with part (d):
(1) for completed work and services accepted by the Authority, the price or prices specified in the Agreement for such work, less any payments previously made; plus
(2) With respect to services or work begun but not completed, the total of - (A)the costs incurred in the performance of the work and services
terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to the work and services paid or to be paid for under Section 6.2(e)(1);
(B) the cost of settling and paying claims arising out of the termination of work or services under subcontracts or orders as provided in Section 6.2(b) (5), which are properly chargeable to the terminated portion of the Agreement, exclusive of amounts paid or payable on account of work or services delivered or furnished by Subcontractors prior to the effective date of termination, which amounts shall be included in the costs payable under Section 6.2(e) (1); and
(C) a sum, as profit determined by the Contracting Officer to be fair and reasonable, provided however, that if it appears that Contractor would have sustained a loss on the entire Agreement had it been completed, no profit shall be included or allowed under this Subparagraph (c) and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss; and
(D) the reasonable cost of the preservation and protection of property provided that costs are actually incurred, and any other reasonable costs incidental to the termination of work under the Agreement, including expenses incidental to the determination of the amount due to the Contractor as a result of the termination of work under the Agreement.
(3) And less the amounts indicated in Part (h) of this Section.
(f) The total sum to be paid to the Contractor under Sections 6.2(e) (1) and 6.2(e) (2) shall not exceed the total Agreement price as reduced by the amount of payments otherwise made and as further reduced by the Agreement price of work not terminated. Except for normal spoilage, and except to the extent that the Authority shall have otherwise expressly assumed the risk of loss, there shall be excluded from the
amounts payable to the Contractor under Section 6.2(e) (2), the fair value, as determined by the Contracting Officer, of property which is destroyed, lost stolen, or damaged so as to become undeliverable to the Authority or a buyer pursuant to Section 6.2(b) (7).
(g) The Contractor shall have the right of appeal under Part 9 of these General Provisions from any determination made by the Contracting Officer under Section 6.2(c) or 6.2(e), except that if the Contractor has failed to submit his claim within the time provided in Section 6.2(c) and has failed to request extension of such time, the Contractor shall have no such right to appeal. In any case where the Contracting Officer has made a determination of the amount due under Section 6.2(c) or 6.2(e), the Authority shall pay to the Contractor:
(1) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer; or
(2) If an appeal had been taken, the amount finally determined on such appeal.
(h) In arriving at the amount due the Contractor under this Section there shall be deducted:
(1) All unliquidated advance or other payments on account theretofore made to the Contractor applicable to the terminated portion of the Agreement;
(2) Any claim which the Authority may have against the Contractor in connection with the Agreement; and
(3) The agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this part and not otherwise recovered by or credited to the Authority.
(i) To the extent the partial termination has materially increased the Contractor’s cost of performance for the remaining work; the Contractor shall be entitled to an equitable adjustment to the terms of the Agreement.
(j) The Authority may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Contractor in connection with the terminated portion of the Agreement whenever, in the opinion of the Contracting Officer,
the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this part, such excess shall be payable by the Contractor to the Authority upon demand, together with interest computed at a rate equal to the prime rate plus three percent (3%) per annum for the period from the date such excess is received by Contractor to the date on which such excess is repaid to the Authority; provided, however, that no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten (10) days after the date of such retention or disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
6.3 Stop work order provision
Whenever the Authority deems it advisable, the Authority may issue a stop-work order. The stop-work order shall include: (1) a description of the work to be suspended; (2) instructions concerning the Contractor's issuance of further orders for materials or services; (3) guidance to the Contractor on action to be taken on any subcontracts; and (4) other suggestions to the Contractor for minimizing costs. Promptly after issuing the stop-work order, the Authority shall discuss the stop-work order with the Contractor and modify the order, if necessary, in light of the discussion. As soon as feasible after a stop-work order is issued, but before its expiration, the Authority shall take appropriate action to (i) terminate the Agreement; (ii) cancel the work order; or (iii) extend the period of the stop-work order if necessary. If the stop stop-work order is not the result of a default by the Contractor, and then to the extent necessary, an equitable adjustment to the Agreement shall be made to reflect any increased costs incurred by the Contractor as a result of such stop work order.
6.4 ACCEPTANCE PERIOD
The respondent agrees if its offer is accepted within one hundred and twenty (120) days from the date specified in the RFP for the submission of proposals, to furnish all services of the price stipulated in the Price Proposal.
6.5 TERM OF CONTRACT
6.5.a The term of the contract shall be for a base period of one (1) year from the award date specified on page one (1) of the contract, subject to DC Water’s option to extend the term of the contract in accordance with paragraphs 6.5.b and 6.5.c below:
6.5.b Option Period: If DC Water determines it to be advantageous, it may extend the term of the contract for a period of two (2)years or a fraction of a year.
6.5.c Option to Extend the Term of the Contract:
1. DC Water may extend the term of the contract by written notice to the contractor before the expiration of the contract. The option to extend the contract does not commit DC Water to an extension nor does it in any manner obligate funds against the subject contract. The exercise of this option is also subject to the availability of funds at the time of the exercise of the option.
2. The total duration of this contract including the exercise of any options under this provision shall not exceed three (3) years.
6.6 TYPE OF CONTRACT
The type of contract awarded under this RFP will be a Firm Fixed Hourly Rate Contract.
6.7 HOURLY RATE ADJUSTMENT
The hourly rates submitted are to be firm after the award of the contract. A request for a rate adjustment is subject to approval or rejection by the Contracting Officer.
6.8 PAYMENT AND INVOICES
A. To obtain payment, the contractor shall (a) submit an invoice for payment, accompanied by evidence acceptable to DC Water justifying payment of invoice; (b) submit a report of services performed broken-down by task, including budget expended to date and budget remaining for each task; (c) if eligible expenses are sought, submit an itemization of such expenses and, if requested by DC Water, copies of receipts and invoices.
B. At a minimum, invoices must contain the following information:
1. Contract Number; 2. Purchase Order Number;
3. Detail description of services performed;
4. Period of service covered by the invoice (billing period); 5. Total labor hours billed for straight time;
6. Net amount of the invoice; and
7. Invoices will be paid within thirty days.
C. All invoices submitted for payment should be sent to:
The District of Columbia Water and Sewer Authority Office of the Chief Financial Officer
Accounts Payable Branch
5000 Overlook Avenue, SW, 4th Floor Washington, D C 20032
Electronic e-mail address: Accounts Payables@DCWater.com
6.9 FUNDING LIMITATION
The obligations of DC Water to fulfill financial obligations pursuant to this Contract (including any indemnity obligation) are and shall remain subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C.§§ 1341, 1342, 1349-1351, 1511-1519 (2004), and D.C. Official Code §§ 1-206.03(e) and 47-105 (2001); (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01-355.08 (2006 Repl.) ((i) and (ii) collectively, as amended from time to time, the “Anti-Deficiency Acts”); and (iii) Section 446 of the District of Columbia Home Rule Act, D.C. Official Code §§ 1-204.46 (2001). Pursuant to the Anti- Deficiency Acts, nothing in this Contract shall create an obligation of DC Water in anticipation of an appropriation by Congress for such purpose, and DC Water’s legal liability for the payment of any amounts under this Contract shall not arise or obtain in advance of the lawful availability of funds for such purpose. No DC Water official or employee is authorized to obligate or expend any amount under this Contract unless such amount has been appropriated by act of Congress or is otherwise lawfully available. This Contract is subject to termination by DC Water at any time if sufficient appropriations are not made available by act of Congress; provided, however, that the determination of whether sufficient appropriations are available shall be made by DC Water in its sole discretion. Any termination of this Contract pursuant to this Section shall be a termination for convenience by DC Water, subject to the respective terms and conditions therein.
6.10 NON-DISCLOSURE/CONFIDENTIALITY
Each party may, during the course of performing this Agreement, have access to or acquire knowledge regarding personnel, materials, data, systems, and other information of or with respect to DC Water which may not be accessible or known to the general public (“Confidential Information”), or confidential or trade secret information of the Contractor. All Confidential Information disclosed by either Party will remain the exclusive and confidential property of the Party. Neither Party may disclose the Confidential Information without the prior written authorization of the other Party. All Data which the Parties disclose to one another shall be Protected Information, protected under the terms of this Agreement, if, in the case of information disclosed in written or tangible form, such Data is marked with a legend or writing, stating that it is Company Private, Proprietary, or with a similar marking, and if , in the case of orally, visually, or electronically disclosed Data or Data disclosed in tangible form, such Data is orally identified at the time of initial disclosure as being Company Private.
Proprietary or with a similar identification and followed within thirty (30) days by a written notice setting forth a brief description of the information and confirming the Proprietary classification. All such Data identified as described above shall hereinafter be referred to as “Protected Information”. For purposes of this Agreement, Protected Information shall include all copies, duplicates, and reproductions of the Protected Information, whether such copies, duplicates, or reproductions are produced by Disclosing Party and whether they are produced mechanically, electronically, or manually. Protected Information shall also include any documents, memos, notes, or other information created by the Receiving Party incorporating, in whole or in notes, or other information created by the Receiving Party incorporating, in whole or in part, the disclosing Party’s Protected Information. All copies, duplicates and reproductions of Protected Information and such memos, notes or other information containing Protected Information shall be marked with the same restrictive legend contained on the original Protected Information.
If the Disclosing Party inadvertently fails to mark as set forth above information for (30) days after initial disclosure. The Protected Information will not be deemed to include information which, (a) at the time of disclosure to the Receiving Party is generally available to the public or thereafter, without any fault of the Receiving Party, becomes available to the public or thereafter, without any fault of the Receiving Party, becomes generally available to the public by publication or otherwise, or which becomes general knowledge; or (b) was in the possession of the Receiving Party prior to its disclosure by the Disclosing Party; (c) was independently made known without restriction to the Receiving Party by a third party not under any obligation of secrecy or confidentiality to the Disclosing Party; or (d) was developed by the Receiving Party independently from the Protected Information disclosed to it by the Disclosing Party; or (e) is required to be disclosed Pursuant to a legal, regulatory or judicial order provided the Receiving Party shall promptly give the Disclosing Party notice of such requirement and in the event the Disclosing Party is successful in having such order reversed or rescinded prior to the Receiving Party’s required compliance, no disclosure shall be made.
6.11 RIGHTS IN DATA
“Data”, as used herein, means recorded information, regardless of the form or media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost, or pricing, or management information.
All data first produced in the performance of this contract shall be the sole property of DC Water. The contractor hereby acknowledges that all data including, without limitation, computer program codes produced by the Contractor for DC Water, under this contract are works made for hire and are the sole property of DC Water, but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor hereby transfers and assigns to DC Water the ownership of copyright in such works, whether published or unpublished.
