1. Solicitation Development CPO Certification

2. Getting Started Remember how we access the Central Purchasing “Forms” area by going to the CP Library: forms, PIMs, memos, etc… area of the Central Purchasing website? Once there, just type the word “Solicitation” in the “Search by Keyword” box and click “Search”

3. Getting Started The bottom 4 packages are the packages you will use for Solicitations depending on how simple or complicated they are or if you are sending them to Central Purchasing. The forms change and you should always download the current forms from the website. Select “SA-Solicitation-Full”

4. Getting Started The results will give you the General Provisions (“GPs” or Section A) a review document with the changes that have been made, Instructions, Forms (the cover sheet, Non-Collusion Certification & Bidder Information forms), and the Solicitation Sections. We will start with the GPs.

10. DCS-SOLICITATION-INSTRUCTIONS-W07 This document is a comprehensive set of instructions on each of the sections of the Solicitation Package, when you would use them, what other forms you might need for your solicitation and how to format the documents, if you do not remember. Due to time constraints, we will show you a quick way to format and compile the Solicitation.

11. OMES-SA-Solicitation-Forms This portion of the package includes your Solicitation Cover page Responding Bidder Information form And the Certification for Competitive Bid and/or Contract (Non-Collusion Certification) If you needed additional forms (such as a Professional Service Contract Certification OMES-FORM-CP- 21), I would scan those forms behind the forms above into your final package.

12. Solicitation Forms

15. OMES-SA-SOLICITATION-SECTIONS Now we get into the meat of the solicitation process. The first page that comes up is the Table of Contents, which can be electronically updated. We won’t need to do anything with it at this time. When you are done populating your Sections, you will click on the Table of Contents and select update the whole document, which will update your page numbers

16. OMES-SA-SOLICITATION-SECTIONS You will notice it skips on the next page directly to “B. Special Provisions”. This is because we have a copy of the General Provisions already.

17. OMES-SA-SOLICITATION-SECTIONS One of the most asked agency questions is either “why did you reformat my solicitation” or how do you format your solicitations. We have changed this once or twice, so there is a quick way to see how the documents are formatted. If you put your curser over the writing in “B” and look at your formatting bar on the top of your screen, you will how the document is formatted. It looks like this:

18. OMES-SA-SOLICITATION-SECTIONS To be posted on a government website, all documents must meet Accessibility requirements. Setting up heading hierarchies shows a screen reader the context of the material or how it relates back to a main subject.

19. B. Special Provisions Using this knowledge, lets begin to add some Special Provisions to our solicitation. If you have an electronic specification file, you can copy and paste Special Provisions your agency uses in all their solicitations and then add any that are particular to this acquisition. Notice they come in unformatted. The ones below all belong to “B”.

20. B. Special Provisions If you highlight “Glossary of Terms” and select “Heading 2”, it will give you the results shown below:

21. B. Special Provisions If you then highlight the three terms below Glossary of Terms, and Select “Heading 3” it will give you the formatted results below:

22. B. Special Provisions You can use the method of highlighting each section (or several at a time) and establish the Heading hierarchy for those sections. Any time you wish to see where a section relates to, just put your curser over it and the formatting line on the top of your page will tell you.

23. B. Special Provisions This tells a screen reader that the text in B.4.1 relates to B.4 and the text in B.4 relates to B. Special Provisions. When you convert your final package into one PDF, you can then enable the Accessibility features in Adobe to post your package online in a way that all public users can access the information.

24. B. Special Provisions- Possible terms to think about: Preclusion From Resulting Contracts Any contractor that has provided any consulting services or technical assistance that resulted in any specifications or concepts in this solicitation, either directly or indirectly, is precluded from the award of such contract and from securing a sub-contractor that has provided such services. Gratuities The right of the contractor to perform under this contract may be terminated, by written notice, if the Contracting Officer determines that the contractor, or its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to any State employee directly involved in this solicitation. Furthermore, a contractor convicted of such violation may also be suspended or debarred. Confidentiality Pursuant to Title 62 O. S. §34.12.(C.). “The Office of State Finance and all agencies of the executive branch of the State shall not be required to disclose, directly or indirectly, any information of a State agency which is declared to be confidential or privileged by State or Federal statute or the disclosure of which is restricted by agreement with the United States or one of its agencies, nor disclose information technology system details that may permit the access to confidential information or any information affecting personal security, personal identity, or physical security of State assets.” If required for the performance of this contract, the above information may be given to the contractor after the contract is awarded in accordance with the requirements of this section. The contractor shall maintain strict physical security of all data and records entrusted to it. If certain functions are sub-contracted in accordance with the terms expressed herein, the contractor shall insure that the sub-contractor maintains strict physical security of all data and records transmitted to the sub-contractor. The contractor shall never turn data or records over to a third party unless specifically authorized to do so by the DCS, the State’s CIO, the State Agency Director, or in compliance with a valid court order. Background Checks and Verifications At the sole discretion of the State, the contractor may be subject to user background checks. The contractor must submit the required background check information to the State in a timely manner. The State may not allow any access prior to completion of background verification.

25. B. Special Provisions- Possible terms to think about: Unauthorized Obligations At no time during the performance of this contract shall the contractor have the authority to obligate the State or the agency for payment of any goods or services over and above the awarded contract. If the need arises for goods or services over and above the contract for this project, contractor shall cease the project and contact agency for approval prior to proceeding. Patents and Copyrights If in the performance of this contract, contractor uses any Product covered by a third party’s patent or copyright, it is mutually agreed and understood without exception that the contractor’s contract prices shall include all royalties or costs charged by the third party arising from the use of such patent or copyright. If such royalties or costs are not covered in the contractor contract price, contractor’s obligations are as outlined immediately below. If a third party claims that a product the contractor provides to an Procuring Agency infringes that party’s patent or copyright, the contractor shall defend the State against that claim at contractor’s expense and pay all costs, damages, and attorney’s fees that a court finally awards, provided the State: (i) promptly notifies the contractor in writing of the claim; and (ii) to the extent authorized by the Attorney General of the State Oklahoma, allows the contractor to control, and cooperates with the contractor in, the defense and any related settlement negotiations; provided however, that if the Attorney General of the State of Oklahoma does not authorize the contractor to have sole control of the defense and any related settlement negotiations, then to the extent allowed by Oklahoma law, contractor shall have no obligation to indemnify the State of Oklahoma under this Section. If such a claim is made or appears likely to be made, the State agrees to permit contractor to enable the State to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If the contractor determines that none of these alternatives is reasonably available, the State agrees to return the product to the contractor upon written request. Contractor shall then give the State a refund equal to the net book value for the product, provided the State has followed applicable accounting principles. Net book value is the original cost of the product amortized over three (3) years using the straight-line accounting method of depreciation. Contractor has no obligation regarding any claim based on any of the following: (i) anything the State provides which is incorporated into a product; (ii) modification of a product by any party other than contractor, contractor’s representative or contractor’s sub-contractor, or any State employee acting at the contractor’s direction, or a program’s use in other than its Specified Operating Environment; (iii) the combination, operation, or use of a product with other products not provided by contractor as a system, or the combination, operation or use of a product with any product, data, or apparatus that contractor did not provide; or (iv) infringement by a non-contractor product alone, as opposed to its combination with products contractor provides to the State.

26. B. Special Provisions- Possible terms to think about: Federal Terms and Conditions The following terms apply if federal monies are used to fund this solicitation: Equal Opportunity and Discrimination The contractor certifies they are an Equal Opportunity Employer, a provider of services and/or assistance, and is in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, as amended and Executive Orders 11246 and 11375. The provider assures compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), all amendments to, and all requirements imposed by the regulations issued pursuant to this act. Lobbying The contractor certifies compliance with the Anti-Lobbying law, Section 1352, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000.00 as defined at 45 CFR 93, Section 93.105 and 93.110. Drug-Free Workplace The contractor certifies compliance in providing or continuing to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and implemented at 45 CFR part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610. Environmental Protection If the payments pursuant to the contract are expected to exceed $100,000.00, then the contractor must comply with all applicable Federal Laws such as Section 306 of the Clean Air Act (42 U.S.C. 1857 (L)), Section 508 of the Clean Water Act (33 U.S.C. 1638), Executive Order 11738, and Environmental Protection Agency Regulations (40 C.F.R Part 15), which prohibit the use under nonexempt Federal contract, grant or loans of facilities included on the EPA List of Violating Facilities Conflict of Interest Contractor must disclose any contractual relationship or any other relevant contact with any State personnel, or other State contractors involved in the development of this solicitation that result in a contract. Any conflict of interest shall, at the sole discretion of State, be grounds for termination of project involvement; provided that such termination must be made within a reasonable time after disclosure of such relationships or contacts. In addition to any requirements of law or through a professional code of ethics or conduct, the contractor and the contractor’s employees performing services for the State are required to disclose any outside activities or interests that conflict or may conflict with the best interests of the State. Further, such employees shall not plan, prepare, or engage in any activity that conflicts or may conflict with the best interests of the State of Oklahoma during the period of this agreement without prior written approval of the State. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to any person or entity currently under contract with or seeking to do business with the State, its employees, other third-party individuals, or entities holding contracts with the State.

27. B. Special Provisions- Possible terms to think about: Limitation of Liability To the extent any limitation of liability is construed by a court of competent jurisdiction to be a limitation of liability in violation of Oklahoma law, such limitation of liability shall be void. Ownership Rights It is understood and agreed that the Software is being developed by the contractor for the sole and exclusive use of the State of Oklahoma. Moreover, except with regard to any deliverable based on contractor’s reusable or pre-existing intellectual property (“Utilities”), the State of Oklahoma shall be deemed the sole and exclusive owner of all right, title, and interest therein, including all copyright and proprietary rights relating thereto. Except for any utilities, all work performed by the contractor of software and any supporting documentation therefore shall be considered as Works for Hire (as such are defined under the U.S. Copyright Laws) and, as such, shall be opened by and for the benefit of State of Oklahoma. Right of Use The State has the right to use or not use the software, not including any utilities, and to use, reproduce, re-use, alter, modify, edit, or change the software as it sees fit and for any purpose. However, contractor shall bear no liability for any changes the State makes to such software. In the event that it should be determined that any of such software or supporting documentation does not qualify as a ”Work Made for Hire”, contractor irrevocably grants to the State an non-exclusive, irrevocable license to use such portion. With respect to any Utilities, the State shall have the right to perpetual, internal use of the Utilities included in the deliverable. Contractor shall assist the State and its Agents, upon request, in preparing U.S. and foreign copyright, trademark, and/or patent applications covering Software. Contractor shall sign any such applications, upon request, and deliver them to the State. The State of Oklahoma shall bear all expenses that it causes to be incurred in connection with such copyright, trademark, and/or patent protection.

28. B. Special Provisions- Possible terms to think about: New equipment - any device assembled for first time use with entirely new components. To clarify, any equipment that is manufactured using any percentage of used, replacement or reprocessed components would not be considered as “new” per this section. Contract Term, Renewal and Extension Option (Review If Only A One Year Contract) The initial contract period shall begin on the effective date and shall extend through One (1) Year unless renewed, extended, or terminated in accordance with applicable contract provisions. The contractor shall not commence work, commit funds, incur costs, or in any way act to obligate the State until so notified in writing of the approval of the contract. The authorized State representative is the only individual who can transmit that approval to the contractor. Under Oklahoma law, the State may not contract for a period longer than one (1) year. By mutual consent of the parties hereto, it is intended that there shall be four (4) options to renew, each for duration of one (1) year. The State, at its sole option, may choose to exercise an extension for a maximum of 90 days beyond the final renewal option period, at the contract compensation rate for the extended period. If this option is exercised, the State shall notify the contractor in writing prior to contract end date. Notification to exercise the option to renew the contract shall be set forth, in writing, by the State at least 30 days prior to the end of each contract period. The contract shall be contingent upon approval by the State. If a decision is made not to exercise an option period, notice shall be sent at least 30 days prior to the end of the current contract period. Contractors and Sub-Contractors Obligations The contractor may use sub-contractors in support of this contract; however, the contractor shall remain solely responsible for the performance of this contract. All payments for products or services shall be made directly to the contractor. If sub-contractors are to be used, the sub-contractors shall be identified in the Proposal and shall include the nature of the services to be performed. The State reserves the right to approve any and all sub-contractors providing services under this contract. All contractor and sub-contractor changes after award, including changes of the actual employees performing services on this contract, are subject to approval by the State. No payments shall be made to the contractor for services performed pursuant to this contract by unapproved employees of a sub-contractor. Contractor's employees or agents, if any, who perform services for the State under this agreement shall also be bound by the provisions of this agreement. At the request of the State, contractor shall provide adequate evidence that such persons are their employees or agents. In accordance with the section on "Employment Relationship", the State shall not be responsible to contractor’s employees for any employee benefit or any obligation relating to employment, including health insurance benefits, workers' compensation insurance, paid vacation, or any other employee benefit.

29. B. Special Provisions- Possible terms to think about: Performance and Upgrades after Lease/Purchase Per Oklahoma statute, Contractor warrants that any upgrades will enhance or is necessary for performance of the State’s duties and responsibilities (Title 74 § 85.7c). Contractor shall provide documentation of the projected schedule of recommended or required system upgrades to this system or any software provided to service this system for the three (3) year period following the target purchase date. If Vendor does not plan recommended or projected system upgrades, the Vendor shall provide documentation in the bid that the Vendor plans no system upgrades to the high technology system for the three (3) year period following the target purchase date (Title 62 § 34.12.1). Ordering Any equipment, supplies and/or services to be furnished under this solicitation shall be ordered by issuance of written purchase orders by State agencies and authorized entities or by the use of Oklahoma’s P-card. In the event of conflict between a purchase order, and this solicitation, the solicitation shall have precedence. Unless otherwise agreed upon in writing on the Purchase Order, delivery must be within 20-30 calendar days after receipt of order by the Contractor. Delivery to be made to any Agency of the State Government eligible by State Statute and/or authorized to purchase from this contract. Equipment delivered must be complete, fully configured, fully operational and the agency staff training completed prior to acceptance of delivery. Preventive Maintenance The Contractor should provide all preventive maintenance required to meet the specifications of this contract, the compensation for which should be included in the bid price. The Contractor should schedule such preventive maintenance calls with local contact persons to minimize interruptions. Uptime/Unsatisfactory Equipment Performance Items purchased from this contract are to have a Total Satisfaction Guarantee. Contractor will, without charge, replace equipment if customer is not satisfied, with the same model and the past usage or less and the same performance guarantees. If a machine of the same model is not available, Contractor is to replace the machine with a model with features and specifications that meet or exceed those of the machine being replaced for up to five (5) years from equipment acceptance. The same equipment guarantee applies. Any press requiring excessive service calls will be considered defective. Replacement equipment provided under this guarantee shall be delivered within ten (10) calendar days. Acceptance by the purchaser of unsatisfactory performance of equipment or service provider shall not waive the requirements of this section, nor satisfactory performance of any obligation remaining to be performed by Contractor. Each device installed at any agency location under this contract should attain a minimum average of ninety-eight percent (98.0%) uptime each month. 98% uptime equals approximately 191 hours per month. Allowable downtime equals approximately four (4) hours per month.

30. B. Special Provisions- Possible terms to think about: Down Time A device should be considered “down” under the terms of this contract whenever the Contractor is notified by the State agency of an issue. The calculation of down time begins as soon as the Contractor is notified of the issue, and includes but is not limited to, technician response time, lack of parts availability and all technician working time (excluding only working time related to the correction of problems caused by the State’s willful negligence or Contractor performing scheduled preventive maintenance activities as defined in this contract). Down time should be counted against each device’s monthly uptime calculation. The Contractor should document all downtime hours for each device installed. Up Time Monthly uptime is calculated as follows: the total number of uptime hours per calendar month, based on nine (9) business hours per day. Any device that does not meet the ninety-eight percent (98.0%) uptime expectation for any two months may be replaced at the discretion of the State within ten (10) business days of receipt by Contractor of a written request from the State for replacement with equipment of the same or better specifications and the same or lower meter count at no additional cost to the State. If any replacement device subsequently fails to meet the ninety-eight percent (98.0%) uptime requirement for any two calendar months, Contractor should credit to the State the initial contract price of the failed equipment and provide an upgrade device at the original device contract price. The State should be the final authority for determining when equipment must be replaced and/or cancelled due to unsatisfactory performance. Equipment that is removed due to excessive malfunctioning should not be placed in any other State location unless Contractor certifies in writing to the State that the problems have been completely corrected and the equipment should function at or above the minimum uptime performance standard as set out in this contract. Equipment Loaners The Contractor shall be responsible for any delivery, installation/removal charges associated with equipment loaners. Equipment Repair: Contract equipment under any lease, rental or maintenance agreement which is non-operational and cannot be repaired within 24 working hours of notification that service is required, at customer’s request will be replaced within two (2) working days by a loaner unit until repairs are completed. Loaner equipment does not have to be the same model, but must perform the same functions as the equipment being repaired. If Contractor fails to meet these requirements, Contractor may be in non-compliance with the contract. Partial Operability: In the case of machines needing repair, but which are still partially operable, requirements and arrangements for loaner equipment will be made between the Contractor and customer. If no agreement can be reached, the Contract Administrator administering this Contract will make a final determination.

31. B. Special Provisions- Possible terms to think about: Parts and Supplies Contractor is required to provide OEM certified labor during the term of the lease. Delivery of parts and supplies to the location identified under this contract should be provided by the Contractor within four [4] hours of the initiation of the service call. Necessary replacement parts and supplies are not included in the lease price and billable to the agency. User Training The Contractor should train all appropriate users in the operation of the equipment, at the time of initial installation of the equipment, with as-needed follow-up training for the life of the contract. Such training should be performed at no additional cost to the State. Complete training must be included for press, front-end connections, proofing and ICC profiling for a minimum of 5 days. Any additional needed training must be included at no charge for a period of 12 months. Contractor should be responsible for all costs for training materials, site, and instructor expenses. The State should be the sole judge of when training is required. Follow-up training is crucial to the ongoing successful implementation of this contract by the Contractor and should be coordinated with the State agency representative. Installation Sites and Wiring The State will be responsible for completing and/or installing any electrical, network and telephone wiring that is required for the installation of the Contractor’s equipment at the wall. Contractor is responsible for any wiring and cable from the wall to the leased/ rented or purchased unit. Equipment Title for Leased Equipment Title is and will remain, the exclusive property of Contractor, and the State shall have no right, title or interest therein. All replacements, attachments, alterations, substitutions and repairs thereto shall become a component part of the equipment and title hereto shall be immediately vested in Contractor and shall be included under the terms hereof. The State will not remove any ownership identification tags on the equipment or suffer or permit any lien encumbrance of any kind against the equipment or allow it to become fixtures of real estate. Contractor’s leases cannot be passed on to third party banks or finance companies. Leases must be backed by the manufacturer or the Contractor’s financial institution under the Contractor’s name. Contractor or manufacturer cannot in any way subrogate any part of their contract to a third party. Contractor is primary contractor and assumes all responsibilities of term lease. Equipment Removal Upon lease termination/expiration, Contractor shall take required action to have equipment removed. Equipment shall be removed within ten (10) days from lease termination/expiration date. Equipment not removed within the allotted time frame, shall be shipped to Contractor’s location at the Contractor’s expense. It is the Contractor’s responsibility to coordinate removal of equipment. Agencies are not required to contact Contractor to arrange pickup of equipment. Contractor shall be responsible for removal charges on equipment leased under this contract.

32. B. Special Provisions- Possible terms to think about: INFLUENCE (this clause is in addition to A.--) As required by Section 1352, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000, as defined at 45 CFR Part 93, Section 93.105 and 93.110, the Offeror certifies that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement. ALWAYS READ THE CONTRACTING REQUIREMENTS OF ANY ACQUISITION FUNDED BY A GRANT! HIPAA PRIVACY RULE The Offeror shall agree to use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFR Parts 160 and 164) under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The definitions set forth in the Privacy Rule are incorporated by reference into this Contract (45 CFR §§ 160.103 and 164.501). ADDITIONAL INSURANCE REQUIREMENTS (this Term is supplemental to A.25) In addition to the insurance requirements referenced in A.25 above, Offeror shall provide the State with a Certificate of Insurance evidencing coverage for Cyber Risk Insurance with minimum limits of ($5,000,000.00) five million dollars. The coverage shall have a rider or sub-limits for Privacy Liability in the minimum amount of ($1,000,000.00) one million dollars. Certificates shall reference the actual limits of insurance carried by the Offeror. Offerors submitting bids which include COTS software with no customizations and/or hardware will not be subject to this requirement.

33. C. Specifications -What to Consider Section C is your technical requirements, statement of work or statement of objectives Whether you choose a Statement of Work or a Statement of Objectives, there is specific information that must be provided. Background: Describe the existing circumstances and infrastructure Who Who is responsible for each part of the project Delivery, installation, interfaces, reporting, training Central Purchasing Division 33

34. C. Specifications -What to Consider What What is the desired product/service or the expected outcome What constitutes “acceptance” (When using F.O.B.-freight on board- delivery, what constitutes acceptance of delivery and transfer of the asset to the State?) When How soon must it be complete Measurable Milestones and what determines completion Central Purchasing Division 34

35. C. Specifications -What to Consider Where Where is the installation or service Will there be challenges in getting equipment into the building What facilities are available to the Bidder and who is responsible for any modifications to those facilities How What are the warranties (if any) How will it be maintained – do you need renewals for maintenance (add clause to section B) How will it be paid for Central Purchasing Division 35

36. C. Specifications -What to Consider Distribution / Recovery/Closeout What will happen at the end of the contract Who is responsible for moving equipment at the end of a lease Are there hazardous materials the Bidder needs to take back at the end of the contract How will the state receive all the intellectual property and information collected during the contract for future use How will you assure the assets of the state are protected after the contract ends Central Purchasing Division 36

37. C. Specifications -What to Consider Distribution / Recovery /Closeout Are “as-builts”, diagrams or training materials required to maintain the systems/information after the contract ends Who is responsible for payment of any charges associated with close out of the contract Who does the supplier report to, how often and how will those reports be closed out for supplier evaluation Central Purchasing Division 37

38. C. Specifications – last thoughts The Scope of Work or Statement of Objectives provides the boundaries for the work and sets the expectation for the results Any change to the scope, no matter how small, has the potential to extend your timeline and/or put you over-budget There is always a cost to expanding your scope – in money, materials, manpower and/or time Any change to the scope may result in you being out of compliance with your original solicitation and subject to audit findings or bidder litigation Remember: “Do what the Solicitations says you will do.” Central Purchasing Division 38

39. D. Evaluation Section D Guidelines: This is your evaluation criteria. You are not required to disclose the category points in the solicitation package, but most federal entities require you to list the evaluation criteria in the solicitation in order of importance. Since you may or may not be using federal funds, it is a good idea to get in the habit of listing the criteria this way. If it is not listed, you cannot use it for evaluation. You should also speak to the process in this section (ie..will you possibly negotiate it or will you do interviews or site visits). You must state if it is “best value” or “lowest and best”. Central Purchasing Division 39

40. D. Evaluation “Best Value” may include but is not limited to: – Operational cost the agency would incur – Quality of the acquisition or technical competancy – Reliability of bidder’s delivery & implementation schedules – Acquisition’s facilitation of data transfer and systems integration – Acquisition’s warranties & guarantees & the bidder’s return policy – Bidder’s financial stability – Acquisition’s adherence to agency’s planning documents & announces strategic direction – Bidder’s industry & program experience & record of past performance with similar projects – Anticipated acceptance by user groups – Acquisition’s use of proven development methodology, & innovative use of current technologies that lead to quality results “Lowest & Best” may include but is not limited to: – Lowest total purchase price – Quality & reliability of the product – Consistency of the proposed acquisition with the agency’s planning documents and announced strategic program direction Central Purchasing Division 40 Section D Examples only of Terms and Conditions Selection Criteria (The Evaluation Criteria should be listed in order of importance. If it is not listed, it cannot be used). Statute Definitions provide an idea of what to consider.

41. D. Evaluation Section D Examples only of Terms and Conditions EVALUATION AND AWARD Proposals will be evaluated on the “best value” determination in accordance with the State of Oklahoma Statute Title 74, Section 85. The State reserves the right to request demonstrations and question clarifications from any or all-responding Offerors. The State reserves the right to accept or reject any or all proposals or any portion thereof. COMPETITIVE NEGOTIATIONS OF PROPOSALS In accordance with Oklahoma Statutes, Title 74 subsections 85.5, the State of Oklahoma reserves the right to negotiate with one, selected, all or none of the vendors responding to this solicitation to obtain the best value for the State. Negotiations could entail discussions on products, services, pricing, contract terminology or any other issue that mitigate the State’s risks. The State will consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more vendors, for any and all items in the vendor’s proposal. Firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item will face a significant disadvantage and may not be considered. If such negotiations are conducted, the following conditions shall apply: Negotiations may be conducted in person, in writing, or by telephone. Negotiations will only be conducted with potentially acceptable proposals. The State reserves the right to limit negotiations to those proposals that received the highest rankings during the initial evaluation phase. Central Purchasing Division 41

42. D. Evaluation Section D Examples only of Terms and Conditions Terms, conditions, prices, methodology, or other features of the Bidder’s proposal may be subject to negotiations and subsequent revision. As part of the negotiations, the Bidder may be required to submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal. The mandatory requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless the State determines that a change in such requirements is in the best interest of the State Of Oklahoma. BEST and FINAL – The state may request best and final offers if deemed necessary, and will determine the scope and subject of any best and final request. However, the Bidder should not expect that the state will ask for best and finals to give the Bidder an opportunity to strengthen your proposal. Therefore, the Bidder must submit best offer based on the terms and condition set forth in this solicitation. SELECTION CRITERIA The Agency will evaluate proposals using the criteria, provided in response to the Solicitation or otherwise obtained separately including possible reference checks, identified below. Since proposals will be evaluated on a “Best Value” basis, and neither the lowest price nor highest scoring proposal will necessarily be selected. The evaluation of proposals will be based on the following information provided by the vendor in response to the Solicitation or obtained separately by the Agency through reference checks or other sources. This list is not in any order. Vendors’ understanding of the purpose, scope and objectives of the Statement of Work. Completeness of response to requirements in Section C and Section E describing the system solution for: X and Y applications design, capability, and functionality of the proposed application software including the level of integration between software components. Central Purchasing Division 42

43. D. Evaluation Section D Examples only of Terms and Conditions Demonstrated experience to successfully install a system of similar scope and scale, with emphasis on the specific capabilities required by the Agency. Demonstrated ability to meet implementation deadlines. Feasibility, timeliness and quality of the implementation schedule. Financial stability and resources of the vendor. Qualifications, experience and technical expertise of vendor staff assigned to this project. Economic feasibility and justification of all costs. The extent and quality of end-user, administrator and technical training. Level of service and responsiveness that the vendor commits to providing to the Agency. The Agency may award a contract based on its initial review of proposals received without further evaluation or discussion of any proposals with any Bidder. The Agency reserves the right to request additional information or clarification of information from the Bidders during the Evaluation process. The Agency may contact any Bidder in order to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Proposals may not be modified as a result of any such clarification request. The Agency reserves full discretion in conducting the evaluation of the proposals submitted and in determining the viability of bidder’s capabilities to fulfill the Agency’s requirements. If post proposal submission questions are required by the Agency, Bidders are to provide, in a timely manner, any and all information that the Agency may deem necessary to make a final decision. Central Purchasing Division 43

44. D. Evaluation Section D Examples only of Terms and Conditions EVALUATION PROCESS Evaluation Process – Determination of Solicitation Responsiveness A responsive proposal is defined as a response that meets all the general mandatory requirements as outlined below: Responding Bidder Information Sheet complete Form 076 Certification for Competitive Bid and Contract (Non-Collusion Certification) Form 004 Amendments, if issued, are acknowledged. Responses to all requirements shall be submitted utilizing the attachments provided and defined in Section E. Meeting all requirements outlined above allows the proposal to proceed to the evaluation. Failure to meet all of the above may result in the proposal being disqualified from further evaluation. Note: The following evaluation process is not presented in any sequence as any section process may overlap the other in the evaluation. Evaluation Process - Evaluation of Proposal The technical section of the proposal is evaluated based on the required submittals in Section E. Evaluation Process - Evaluation of Cost. The evaluation process may, at the Supreme Court’s discretion, include interviews with selected Vendors to clarify questions raised during the review and evaluation of proposals. Vendor representative(s) attending the interview must be individuals familiar with the proposal and who understand the scope of the statement of work in order to respond to questions related to the proposed system and its components, and shall include the key members of the proposed service delivery team. All Vendor costs associated with travel, if required, for proposal clarification interviews are the responsibility of the Vendor. Central Purchasing Division 44

45. E – Instructions to Bidder Section E - Guidelines These are additional instructions you will want to give the bidder such as the deadline for any questions and how many copies of the proposal you wish to receive. As we go to online solicitations, you will not have to designate copies. In this section you will want to detail what you expect to receive in the response (such as the forms, insurance and acknowledgement of any Amendments to the solicitation), any required order, and any information as to format or samples. An easy way to be sure you do not have to reread the entire proposal for any exceptions to the terms and conditions is to require a signed Cover letter detailing any exceptions and any other information, such as past or pending litigation. Central Purchasing Division 45

46. E – Instructions to Bidder Section E –Examples only for terms and conditions you might use. INTRODUCTION Prospective Offerors are urged to read this solicitation carefully. Failure to do so will be at the Offeror’s risk. Provisions, terms, and conditions may be stated or phrased differently than in previous solicitations. Irrespective of past interpretations, practices or customs, proposals will be evaluated and any resultant contract(s) will be administered in strict accordance with the plain meaning of the contents hereof. The Offeror is cautioned that the requirements of this solicitation can be altered only by written amendment approved by the state and that verbal communications from whatever source are of no effect. In no event shall the Offeror’s failure to read and understand any term or condition in this solicitation constitute grounds for a claim after contract award. MANDATORY AND NON-MANDATORY TERMS Whenever the terms “shall”, “must”, “will”, or “is required” are used in this RFP, the specification being referred to is a mandatory specification of this RFP. Failure to meet any mandatory specification may cause rejection of the Offeror’s Proposal. Whenever the terms “can”, “may”, or “should” are used in this RFP, the specification being referred to is a desirable item and failure to provide any item so termed will not be cause for rejection. PREPARATION OF PROPOSAL Any usage amounts specified are estimates only and are not guaranteed to be purchased. Information shall be entered on the form provided or a copy thereof. Central Purchasing Division 46

47. E – Instructions to Bidder Section E –Examples only for terms and conditions you might use. SUBMISSION OF PROPOSAL By submitting a proposal, Offeror agrees not to make any claims for damages or have any rights to damages, because of any misunderstanding or misrepresentation of the specifications or because of any misinformation or lack of information. If a Offeror fails to notify the State of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the Offeror, or an error that reasonably should have been known by the Offeror, the Offeror shall submit an proposal at its own risk; and if awarded the contract, the Offeror shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a Offeror takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response. Completeness of proposal(s): It is desirable that the Offeror respond in a complete, but concise manner. It is the Offeror’s sole responsibility to submit information in the proposals as requested by the SOLICITATION. The Offeror’s failure to submit required information may cause their proposal to be rejected. However, unnecessary information should be excluded from the Offeror’s proposal(s). Hard Copies: the Offeror’s proposal(s) should be paginated and include one (1) original General Proposal package, plus _______________ (__) copies for a total of __________(__) General Proposal packages. The Offeror’s Cost Proposal package shall include one (1) original Cost Proposal, plus __________ (__) copies for a total of __________ (__) Cost Proposal packages. The documents front pages should indicate original or copy. No Cost proposal information shall be contained in the General Proposal packages. Central Purchasing Division 47

48. E – Instructions to Bidder Section E –Examples only for terms and conditions you might use. The Bidder shall include ____________ (__) “machine readable” General Proposal packages, in Microsoft WORD or EXCEL formats (where required), on CDs or DVDs, of the Bidder’s response. The Bidder shall include __________ (__) “machine readable” Cost Proposal packages, in EXCEL. No Cost Proposal information shall be contained on the General Proposal package CDs or DVDs. EXPLANATION TO OFFERORS Bidders who need clarification shall send their questions in writing via email to the Central Purchasing Contracting Officer shown on the RFP. No oral questions will be answered by the Contracting Officer. Oral explanations or instructions given by the Contracting Officer will not be binding on the State. Any information given a Bidder concerning this solicitation will be provided to all other Bidders after the deadline for questions and answers in the form of an Amendment to the solicitation. The deadline for all questions regarding this Solicitation is 3:00PM Central Standard Time, _____________________________, 2011. No additional questions will be addressed after that date. Bidders who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a request for administrative review, in writing, to the State. To be considered, a request for review must be received no later than the due date and time for submission of questions. The State shall promptly respond in writing to each written review request, and where appropriate, issue all revisions, substitutions or clarifications through a written amendment to the RFP. Requests for administrative review of technical or contractual requirements shall include the reason for the request, supported by factual information, and any proposed changes to the requirements. When posing questions, every effort should be made to be concise and include section references, when possible. Central Purchasing Division 48

49. E – Instructions to Bidder Section E –Examples only for terms and conditions you might use. COST OF PREPARING PROPOSAL All costs incurred by the Offerors for proposal preparation and participation in this competitive procurement will be the sole responsibility of the Offerors. The State of Oklahoma will not reimburse any Offerors for any such costs. DELIVERABLES Completed “Responding Bidder Information” DCS/Purchasing Form 078. Completed “Certification for Competitive Bid and Contract” DCS/Purchasing Form 004. Company Information – A Cover Letter shall be provided on Company letterhead. The Cover Letter shall indicate any and all exceptions to the Terms and Conditions of this RFP and be signed by a representative authorized to legally bind the Company in a contractual relationship. Vendor must provide detailed information on their company, including principals involved, number of employees, location, years in existence and any litigation or pending litigation for the past five years (or a statement indicating there is no litigation). Financial Stability Offerors should present information to demonstrate financial stability and performance, in the form of the last three years audited financial statements or the last three-year’s tax returns. A certified review may be accepted. If the Offeror is a subsidiary of another entity, the last three years audited financial statement or 3-year tax returns of the parent company must also be submitted. The State reserves the right to withhold award on an Offeror who is deemed financially weak. The determination of financial status will be made by the State at their sole discretion. Central Purchasing Division 49

50. E – Instructions to Bidder Section E –Examples only for terms and conditions you might use. Financial Stability (cont.) Resumes and References – The responding bidder shall supply copies of the resume and any certifications held by the primary Contract Contact person, the personnel proposed for technical maintenance and support, and the personnel proposed for service who will be performing duties on this contract. The State reserves the right to contact other known clients of the Bidder. User references - Bidders should provide at least three (3) user references that are similar in size and complexity to the State of Oklahoma which serves _____ direct users and the general public. Submit references for fully completed installations to the extent possible. Information should include at the minimum: name of user reference, name of agency’s project manager, address, telephone, and e-mail, software version and optional modules purchased, date of purchase. Certificates of Insurance – as required in A.25 and B.4 of the Request for Proposal. Attachment D – Response to functional / technical requirements Bidders should respond to the Requirements portion, Ssection C above, of this RFP, point by point, in this section of the vendor’s proposal Cost Proposal (see Section H “Price and cost”) Any software licensing, maintenance or service agreements the Bidder requires, should they be the successful vendor. Agreements not submitted with Bidder’s proposal will not be considered after Contract Award. Note: Agreements not submitted with Bidder’s response will not be considered after Contract Award. Central Purchasing Division 50

51. F-Checklist If you had an elaborate area for “Submittals” in section E, you might do an abbreviated checklist in this section, or use it for one final opportunity to give the bidder one place to recheck their submittal documents. Central Purchasing Division 51

52. G - Other This might be a place where you attach other information about your agency or information that might be useful to the bidder. Central Purchasing Division 52

53. H-Price and Cost Section H – Guidelines This section is for Price and Cost. It is sometimes only reviewed and scored by the procurement lead. Restate that all pricing includes travel and expenses or delivery (and pickup), where required. You have a chance in this section to explain to the bidder how you wish them to bid the contract. For complicated pricing solicitations, it is recommended you attach a spreadsheet with the method of pricing you wish to see to make comparisons equitable. Failure to clearly define how you want the pricing may lead to some Bidders quoting by the dozen vs. a thousand; or some Bidders pricing by the pound vs. the load. Central Purchasing Division 53

54. H-Price and Cost Section H – Example CONTRACTOR’S PRICING PROPOSAL Cost of per pick up for locations in Attachments A & B. Price: Year 1: _______________ Year 2: __________________ Year 3: ___________________ Cost of Emergency pick up for locations in attachment A. Price: Year 1: ______________ Year 2: ___________________ Year 3: __________________ All pricing shall include all expenses related to the delivery of services under the resulting contract. No expenses will be reimbursable over and above the Cost per pick up pricing. Central Purchasing Division 54

55. H-Price and Cost Central Purchasing Division 55 PRICE AND COST For required modules (as listed in Section C) use the form below (assume 10 concurrent users and 20 total users). The vendor may also submit their own standard quote form in addition to this form. If a ‘vendor formatted’ quote is included, the vendor must also include an explanation of how those figures map to this form. The sum totals of both forms should be equal. Example:

56. Now How make the whole file “accessible” for posting? There are two ways to accomplish the next task Scan plus Adobe method: You can take your entire package (forms, sections, attachments), put them in order and scan them to a “pdf” format. Save the “pdf” as an “accessible” and “searchable” pdf (this process will vary depending on what Adobe products you have ). You may also want to reduce the file size. Reducing the file size will shorten the time it takes a bidder to download your package, lessening the possibility of it “timing out” before download. Electronic Adobe Professional method: You can create an “accessible pdf” from a group of electronically saved documents by assembling them with Adobe Professional, making them accessible, optimizing them for web or mobile publishing and making them searchable. Central Purchasing Division 56

57. Standard Solicitation Package Other general information There are numerous open, closed and awarded solicitations on the Central Purchasing Division website. They are good reference material when you are considering what clauses might benefit your solicitation. Your agency may chose to develop a suggested package of special terms and conditions to be used in most of your solicitation packages. You can work with your General Counsel or administrator on developing a standard terms file or checklist of requested terms for your agency to use depending on the function of your agency. You can always call the Contracting Officer at Central Purchasing assigned to that commodity for assistance or examples of other packages and they may be able to supply you with similar terms used on other projects. Central Purchasing Division 57