A
ALBERTA CORPORATE SERVICE CENTRE
Supply Management Branch
Contracted Services Section
2nd Floor, 12360 – 142 Street
Edmo...
Table of Contents

1.0   GENERAL.............................................................................................
4.0       PROJECT INFORMATION ......................................................................................... 16...
1.0     GENERAL

 1.1    Introduction

        Vendors are invited to submit Proposals for the provision of an integrated ...
“Business Day” means 8:15 a.m. to 4:30 p.m., Alberta Time, Monday to Friday, excluding
        holidays observed by Her Ma...
“GAEA Band Two” is the category for an ICT asset that doesn’t necessarily have
                to be widely shared across ...
“must”, “mandatory”, “required”, “shall” means a requirement that must be met in a
        substantially unaltered form in...
“Vendor” means an organization responding to this RFP with a Proposal.

        “Warranty Period” means the greater of the...
3.0     RFP ADMINISTRATION TERMS AND CONDITIONS

        All terms and conditions of this RFP are deemed to be accepted by...
performance of the Services or upon written authorization of the
                                 Minister.

             ...
The Vendor must provide Manufacturers’ names and software version
                        numbers for the proposed Softwar...
If an extension is incorrect, the net unit price will apply. Net unit prices
                        shall include all cos...
Alberta Corporate Service Centre
                              2nd Floor, 12360 - 142 Street
                             ...
Her Majesty may deduct from all payments to the Vendor such amounts as
                        required by the Canadian In...
•   All Vendors submitting non-compliant Proposals will be requested
                                  to prepare a “Modif...
b) Rated Criteria
                             The Evaluation Team will further evaluate Proposals against the
           ...
requirements are consistent with the representations made in the
                              Vendor’s Proposal, and if n...
Subject to Clause 11 Warranty in APPENDIX A, Standing Offer Contract,
                        the Vendor shall indicate th...
4.0     PROJECT INFORMATION

        4.1     Project Overview
                4.1.1 Introduction
                        T...
A corporate approach to EIM1 will position the GoA to manage information
                         resources in a consisten...
4.1.4   Project Scope
                        The project scope includes the evaluation and selection of integrated suites...
The GoA also anticipates on setting up the following environments in
                        conjunction with the producti...
5.0   EVALUATION CRITERIA

            The RFP evaluation criteria will be distributed within the following categories and...
6.0 PROPOSAL CONTENT GUIDELINES

      6.1   Proposal Format
            To facilitate ease of evaluation by the Evaluatio...
•     Indicate why the Vendor considers itself to be the “right” Vendor and what
                              key strengt...
e)    demonstrate that Consortium members are qualified to perform
                                       the tasks they h...
including suggested, recommended, or proposed wording, as
                                 reflecting the Vendor’s final p...
APPENDICES




Alberta Government Services    RFP # 279PA-42      Page 25
                              September 28, 2004
Appendix A – Contract Provisions

APPENDIX A – Contract Provisions



CONTRACT NUMBER:                                    ...
Appendix A – Contract Provisions

        Government of Alberta, which are approved by the Minister to order the Software ...
Appendix A – Contract Provisions

        “Minister Confidential Information” means Personal Information, Health Informati...
Appendix A – Contract Provisions

        b)      references to “Alberta Corporate Service Centre”, "Government of Alberta...
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Request for Proposal - Electronic Information Management (EIM ...

  1. 1. A ALBERTA CORPORATE SERVICE CENTRE Supply Management Branch Contracted Services Section 2nd Floor, 12360 – 142 Street Edmonton, Alberta T5L 4X9 REQUEST FOR PROPOSAL (“RFP”) Number 279PA-42 Electronic Information Management (EIM) Software Selection Project (Alberta Government Services) RFP Issue Date: October 5, 2004 RFP Closing Time: 14:00:59 Alberta Time, November 5, 2004 Contracting Manager: Alec Chan Telephone: (780) 415-9735 Facsimile: (780) 422-9672 Email: alec.chan@gov.ab.ca
  2. 2. Table of Contents 1.0 GENERAL......................................................................................................................... 1 1.1 Introduction .........................................................................................................................1 2.0 RFP PROCESS ................................................................................................................. 1 2.1 RFP Terminology ................................................................................................................1 2.2 RFP Schedule of Events ......................................................................................................5 3.0 RFP ADMINISTRATION TERMS AND CONDITIONS............................................ 6 3.1 General ................................................................................................................................6 3.1.2 Vendor Questions ......................................................................................................................6 3.1.3 Current Technology ...................................................................................................................6 3.1.4 Confidentiality ...........................................................................................................................6 3.1.5 Freedom of Information.............................................................................................................7 3.1.6 Time...........................................................................................................................................7 3.1.7 Proposed Software .....................................................................................................................7 3.1.8 Agreement on Internal Trade.....................................................................................................8 3.1.9 Conflict of Interest.....................................................................................................................8 3.1.10 Vendor Expenses .......................................................................................................................8 3.1.11 Period of Commitment................................................................................................................8 3.1.12 Multiple Proposals ......................................................................................................................8 3.1.13 Pricing........................................................................................................................................8 3.1.14 Irrevocability of Proposals.........................................................................................................9 3.1.15 RFP Closing...............................................................................................................................9 3.1.16 Proposal Submissions .................................................................................................................9 3.1.17 Consent to Use of Information.................................................................................................10 3.1.18 Proposal Public Opening...........................................................................................................10 3.1.19 Recapitulation of Proposals .....................................................................................................10 3.1.20 Proposal Return ........................................................................................................................10 3.1.21 Proposal Rejection ...................................................................................................................10 3.1.22 Termination .............................................................................................................................10 3.1.23 Vendor Debriefing ....................................................................................................................10 3.1.24 Tax ...........................................................................................................................................10 3.1.25 Sub-Contractual Terms and Conditions...................................................................................11 3.1.26 Product or Software Subsets or Supersets ...............................................................................11 3.1.27 Contract Duration ....................................................................................................................11 3.1.28 Proposal Alteration ..................................................................................................................11 3.1.29 Evaluation, Demonstration and Testing...................................................................................11 3.1.30 Modified RFP Process .............................................................................................................11 3.2 Proposal Evaluation...........................................................................................................12 3.2.1 Evaluation Sequence and Process............................................................................................12 3.3 Contract .............................................................................................................................14 3.3.1 Standing Offer Contract Finalization.........................................................................................14 3.3.2 Order of Precedence ................................................................................................................14 3.3.3 Contractual Warranties ............................................................................................................14
  3. 3. 4.0 PROJECT INFORMATION ......................................................................................... 16 4.1 Project Overview...............................................................................................................16 4.1.1 Introduction .............................................................................................................................16 4.1.2 Objectives ................................................................................................................................17 4.1.3 Background..............................................................................................................................17 4.1.4 Project Scope ...........................................................................................................................18 4.1.5 Configuration of Product .........................................................................................................18 4.1.6 Anticipated Hardware Platform ...............................................................................................18 4.2 EIM Software Requirements .............................................................................................19 5.0 EVALUATION CRITERIA ........................................................................................... 20 6.0 PROPOSAL CONTENT GUIDELINES...................................................................... 21 6.1 Proposal Format ................................................................................................................21 6.2 Proposal Content ...............................................................................................................21 6.2.1 Proposal Submission Letter .....................................................................................................21 6.2.2 Executive Summary.................................................................................................................21 6.2.3 Vendor Corporate Profile and Credentials...............................................................................22 6.2.4 Vendor Proposed EIM Products ..............................................................................................23 6.2.5 Pricing......................................................................................................................................23 6.2.6 RFP Administration and Conditions........................................................................................23 6.2.7 Contract Provisions..................................................................................................................23 6.2.8 Vendor References...................................................................................................................24 6.2.9 Appendices ..............................................................................................................................24 APPENDICES ............................................................................................................................. 25 APPENDIX A – Contract Provisions .........................................................................................26 APPENDIX B – GoA EIM Overview .........................................................................................45 APPENDIX C – Related Project Documents .............................................................................53 APPENDIX D – Project Requirements ......................................................................................55 D1. Project Software Summary Form ..............................................................................56 D2. Mandatory Requirements.................................................................................................57 D3. Business and Technical Requirements.............................................................................62 APPENDIX E – Metadata Requirements ................................................................................193 APPENDIX F - Pricing Form....................................................................................................200 APPENDIX G – Vendor Recommendations............................................................................205 APPENDIX H – Vendor References.........................................................................................206 APPENDIX I – Reporting Requirements.................................................................................209 APPENDIX J - Proposal Submission Letter............................................................................211
  4. 4. 1.0 GENERAL 1.1 Introduction Vendors are invited to submit Proposals for the provision of an integrated suite of Electronic Information Management (EIM) Software products for the Government of Alberta as specified in this RFP. A single Manufacturer must support all core components of the integrated suite of EIM Software products including collaboration, document management, web content management and records management. Note that this RFP is intended to establish Standing Offer Contract(s) for qualified EIM Software products to a maximum of 3 with the preferred Vendor(s), however, there is no commitment to purchase at this time. This RFP will be conducted with the objective of maximizing the benefit to Her Majesty, while offering Vendors a fair and equitable opportunity to participate. Vendors are advised to pay careful attention to the wording used throughout this RFP. Failure to satisfy any term or condition of this RFP may result in an unacceptable Proposal. Facsimile or digital Proposals in any form (e.g. diskette files, disk files, tape files, e-mailed files) will not be accepted. 2.0 RFP PROCESS 2.1 RFP Terminology Throughout this RFP, terminology is used as follows: “ACSC” means the Alberta Corporate Service Centre which is an organizational unit of Her Majesty the Queen in right of Alberta, as represented by the Minister of Government Services. “Alberta Government Services (AGS)” means Her Majesty the Queen in right of Alberta, as represented by the Minister of Government Services. “Alberta Time” means Mountain Standard Time or Daylight Saving Time as provided for in the Daylight Saving Time Act of Alberta. “Alberta Purchasing Connection (“APC”)” means the Government of Alberta’s electronic tendering system. “Approved Organizations” means organizations, including hospitals, as defined in the Hospitals Act, schools, post-secondary educational institutions, municipalities, Metis settlements and any organizations that carry out services or programs on behalf of the Government of Alberta, which are approved by the Minister to order the Software on the same terms and conditions as stated in the Contract. Approved Organizations will be posted on APC and updated from time to time. “Associated Software” is third-party software that is required to support the mandatory or desirable requirements in providing the required functionality such as reporting, imaging, searching or hardcopy records management. “Authorized Reseller” means an entity authorized by a Manufacturer or Canadian Distributor to act on its behalf, in Alberta, for the Software. Alberta Government Services RFP # 279PA-42 Page 1 September 28, 2004
  5. 5. “Business Day” means 8:15 a.m. to 4:30 p.m., Alberta Time, Monday to Friday, excluding holidays observed by Her Majesty. “Business Hours” means 8:15 a.m. to 4:30 p.m. Alberta Time on Business Days. “Canadian Distributor” means an entity authorized by a Manufacturer to act on its behalf, in Alberta, for the Software. “Commercial Software” means Software of the Manufacturer and/or the Manufacturer’s subcontractors or agents (including their affiliates as specified in the Business Corporations Act of Alberta, as amended, revised or substituted form time to time) which was commercially available off the shelf prior to this RFP’s closing date. “Configuration” means any change, enhancement, etc. to the Software not requiring source code changes completed by the Vendor to provide the specified functionality. “Consortium” means two or more Vendors who together submit a Proposal. “Contract” see “Standing Offer Contract”. “Department” means Her Majesty the Queen in right of Alberta, as represented by the Minister of Government Services. “Electronic Information Management (EIM) Software”, “Software” means the proposed suite of Software products marketed by the Vendor in the Proposal that will meet or exceed the requirements and objectives described in this RFP. “Evaluation Team” means individuals who will evaluate the Proposals on behalf of Her Majesty. “Evaluation Testing” means the tests the Evaluation Team will conduct on the proposed Software to determine whether the proposed Software performs according to the Manufacturer’s published specifications, industry standards, the RFP, and the Proposal. “Fixed Price” means a definite and predetermined price. “GAEA” means the Government of Alberta Enterprise Architecture and is the result of an initiative to analyze cross-government business, data, security, application and technology needs to create a set of ongoing investment/design guidance, blueprints and processes necessary to steer Information and Communications Technology (ICT) solutions towards support of corporate strategic goals, such as articulated in the Government of Alberta’s Corporate Information Management Technology Strategy “Connecting for the Future” (http://www3.gov.ab.ca/cio/itm/). See also the GAEA Glossary of Terms referred to in APPENDIX C – Related Project Documents, section of this RFP. “GAEA Band Definitions” – see below. “GAEA Band One” is the category for an ICT asset that should be implemented once for the GoA and shared by all. It is a CORPORATE Asset. It is a STANDARDIZED (i.e. GAEA-Compliant) Asset. It is a CENTRALIZED Asset (i.e. located and managed centrally - e.g. by the ACSC). Alberta Government Services RFP # 279PA-42 Page 2 September 28, 2004
  6. 6. “GAEA Band Two” is the category for an ICT asset that doesn’t necessarily have to be widely shared across government, but must still be implemented consistently across government, to deliver strategic value. It is a DEPARTMENTAL Asset. It is a STANDARDIZED (i.e. GAEA-Compliant) Asset. It may or may not be a CENTRALIZED Asset (i.e. located and managed centrally - e.g. by the ACSC). “GAEA Band Three” is the category for the rest of the ICT assets. Not all assets are placed in the above categories (Band 1 or Band 2), only the ones which make the most business sense to do so. A Band 3 asset is DEPARTMENTAL. It is UNIQUE (i.e. not GAEA-Compliant and doesn’t have to be; e.g. noncompliance is justified or due to legacy systems). “Government of Alberta, (GoA)” means Ministries of Her Majesty. “Her Majesty” means Her Majesty the Queen in right of Alberta. “Hours of Operation” means Business Days, excluding between 12:00 and 13:00 hours when SMB is closed. “ICT” means information and communication technology. “ICT Asset” means any applicable information, knowledge, capability, skills, or thing that is valuable to the Information and Technology Management endeavor - typically because it supports service delivery. For example ICT Assets may include: architectures, methods, practices, skills, data, applications, infrastructure, products, or support staff. “ICT Solution” means the composition of ICT assets (application(s), data, technology, processes and procedures) necessary to deliver a total information solution to a defined business requirement. “Identified User” means the Ministry purchasing representative accessing a purchase under the resulting Standing Offer Contract. “ITM” means information and technology management. See “ICT”. “Manufacturer” means an entity that: (a) uses components from one or more sources to assemble the Software that it sells under its brand or name. (b) has a third party, on its behalf, use components from one or more sources to assemble the Software that it sells under its brand or name. (c) develops the Software. “Materials” means all the working papers, surveys, notes, plans, designs, reports, records, studies, drawings, examinations, assessments, procedures, specifications, evaluations, results, conclusions, interpretations, calculations, analyses, systems, software, source code, documents, writings, programs, hardware, devices, data or any components of these, regardless of how they are represented, stored, produced, or acquired. “Ministries” means GoA departments, agencies, commissions, boards, councils, crown corporations. “Minister” means Her Majesty the Queen in right of Alberta, as represented by the Minister of Government Services. Alberta Government Services RFP # 279PA-42 Page 3 September 28, 2004
  7. 7. “must”, “mandatory”, “required”, “shall” means a requirement that must be met in a substantially unaltered form in order for the Proposal to receive consideration. “optional” means a requirement not considered essential, but for which preference may be given. “Order(s)” means the order placed by a Government of Alberta Identified User, and accompanied by the Ministry’s financial approval instrument, (such as: Purchase Order, Standing Offer Order, Direct Purchase Order, or any other form approved by the Minister). “Primary software” are products which comprise the mandatory core components of the EIM suite of products that must be supported by a single manufacturer. “Prime Vendor” means the Vendor, in a Consortium bid, that is responsible for the provision of the Software and Services and is accountable for all terms and conditions of the Standing Offer Contract. “Proposal” means the Vendor’s response to this RFP and includes all the Vendor’s attachments and presentation materials. “Purchaser” means: (a) departments of Her Majesty; (b) boards, commissions and organizational units that form part of the public service of Alberta but are not part of a department of Her Majesty; or (c) corporations that are an agent of Her Majesty, and (d) Approved Organizations. “Request for Proposals (RFP)” means the solicitation for the Services and Materials including attached appendices. “Services” means the functions, duties, tasks and responsibilities to be provided by the Vendor as described in this RFP. “should”, “optional”, “desirable” means a requirement having a significant degree of importance to the objectives of this RFP. “SMB” see “Supply Management Branch”. “Software” means the proposed Software products and /or Services to be provided by the Vendor that meet or exceed all of the requirement specified in the RFP without customization. “Standing Offer Contract”, “Contract” means a written agreement between the Vendor and Her Majesty to provide the Software contemplated in this RFP, and under which there is no commitment to purchase the Software or any portion of the Software. “Supply Management Branch (SMB)” means the Contracted Services Section of ACSC. “Value-added Software” is software which is not included in the functional requirements but, in the opinion of the Vendor, may be of interest to the GoA in managing its information assets and supports the mandatory core components of the EIM suite (for example, digital rights management). Alberta Government Services RFP # 279PA-42 Page 4 September 28, 2004
  8. 8. “Vendor” means an organization responding to this RFP with a Proposal. “Warranty Period” means the greater of the warranty stated in this RFP, the standard Manufacturer's, Canadian Distributor’s or Authorized Dealer's warranty, including any warranty extensions. References to “Alberta Government Services”, “Alberta Corporate Service Centre”, “ACSC”, “Department”, “Contracted Services Section”, “Government of Alberta”, “GoA”, “Her Majesty”, “AGS”, “Minister”, “SMB”, “Supply Management Branch”, mean “Her Majesty the Queen in right of Alberta” and are used only for administrative purposes. Headings are used for convenience only, and they do not affect the meaning or interpretation of the clauses. Words in the singular include the plural and vice versa. 2.2 RFP Schedule of Events RFP Issue Date ...............................................................Oct. 5, 2004 RFP Closing Date...........................................................Nov. 5, 2004 Evaluation of Proposals .................................................Nov. 15, 2004 Notification of Shortlist Vendors ..................................Nov. 16, 2004 Shortlist Presentations/Software Demonstrations.........Nov. 29 – Dec. 17, 2004 Evaluation Testing Period..............................................Nov. 29 – Dec. 17, 2004 Selection of Preferred Vendor(s)...................................Dec. 22, 2004 Contract(s) Finalization..................................................mid-January, 2005 The above dates are subject to change at the sole discretion of Her Majesty. Alberta Government Services RFP # 279PA-42 Page 5 September 28, 2004
  9. 9. 3.0 RFP ADMINISTRATION TERMS AND CONDITIONS All terms and conditions of this RFP are deemed to be accepted by the Vendor and incorporated by reference in its Proposal, except such terms and conditions as are expressly excluded in the Proposal. 3.1 General 3.1.1 Vendors must obtain this RFP directly from APC, or the Proposal will be rejected. SMB may, at any time and without notice, waive this requirement. 3.1.2 Vendor Questions All questions regarding this RFP must be directed to the Contracting Manager, in writing. Enquiries and responses will be recorded and may, in Her Majesty’s discretion, be distributed to all Vendors. The Vendor has a responsibility to notify the Contracting Manager in writing, of any ambiguity, divergence, error, omission, oversight, contradiction, or item subject to more than one interpretation in this RFP, as it is discovered, and to request any instruction, decision, or direction required to prepare the Proposal. In order for SMB to deal effectively with Vendor questions or concerns about any terms, conditions or requirements of this RFP including the Contract provisions, such questions or concerns must be communicated in writing to the Contracting Manager at least seven (7) Business Days prior to this RFP’s closing date. Questions received after this time will be answered if, in the opinion of SMB, time permits. Verbal responses to enquiries are not binding on any party. 3.1.3 Current Technology The Software must: (a) be new; (b) be the most current production and proven technology; (c) conform to Canadian Federal and Alberta Provincial legislation; and (d) comply with this RFP's requirements. Software that has not commenced full production or is not commercially available as of this RFP’s closing date and time, or has been or is scheduled to be, discontinued or replaced with new models or versions, may be rejected. 3.1.4 Confidentiality The Vendor’s employees, subcontractors and agents shall: i) keep strictly confidential all information concerning the Minister or third parties or any of the business or activities of the Minister or third parties acquired as a result of participation in this RFP; and ii) only use, copy or disclose such information as necessary for the Alberta Government Services RFP # 279PA-42 Page 6 September 28, 2004
  10. 10. performance of the Services or upon written authorization of the Minister. The Vendor shall maintain security standards, including control of access to data and other information, consistent with the highest standards of business practice in the industry. 3.1.5 Freedom of Information 3.1.5.1 The Vendor acknowledges that: (a) The Freedom of Information and Protection of Privacy Act of Alberta (FOIP) applies to all information and records relating to, or obtained, generated, created, collected or provided under, the RFP or the Contract and which are in the custody or control of Her Majesty; (b) FOIP imposes an obligation on Her Majesty, and through the RFP and Contract on the Vendor, to protect the privacy of individuals to whom information relates. The Vendor shall protect the confidentiality and privacy of any individual’s personal information accessible to the Vendor or collected by the Vendor pursuant to the RFP or the Contract; (c) For the records and information obtained or possessed by the Vendor in connection with or pursuant to the RFP or the Contract, and which are in the custody or control of Her Majesty, the Vendor must conduct itself to a standard consistent with FOIP when providing the services or carrying out the duties or other obligations of the Vendor under the RFP or the Contract. 3.1.5.2 The purpose for collecting personal information for the RFP is to enable Her Majesty to ensure the accuracy and reliability of the information, to evaluate the Proposal, and for other related program purposes of Her Majesty. Authority for this collection is the Government Organization Act, as amended from time to time. The Vendor may contact the Contracting Manager identified in the RFP regarding any questions about collection of information pursuant to the RFP. 3.1.6 Time Time is of the essence in this RFP and the Contract. 3.1.7 Proposed Software The Vendor, if other than the Manufacturer, must: (a) be a Canadian Distributor or Authorized Reseller for the Software prior to the RFP closing date and time and, upon request, provide written confirmation to SMB of such authorization from the Manufacturer. (b) upon request, provide written confirmation to SMB from the Manufacturer that all rights granted in relation to the Software are agreed to by the Manufacturer. Alberta Government Services RFP # 279PA-42 Page 7 September 28, 2004
  11. 11. The Vendor must provide Manufacturers’ names and software version numbers for the proposed Software in the Proposal. The Vendor must provide the Manufacturer's published specification sheets and descriptive literature for the Software. If any specifications in this RFP are not identified in the specification sheets or literature, the Vendor must, upon request, provide written confirmation from the Manufacturer or Canadian Distributor validating the Software meets those specifications. 3.1.8 Agreement on Internal Trade This RFP is subject to Chapter 5 of the Agreement on Internal Trade. 3.1.9 Conflict of Interest Vendors must fully disclose, in writing to the Contracting Manager on or before the closing date of this RFP, the circumstances of any possible conflict of interest or what could be perceived as a possible conflict of interest if the Vendor were to become a contracting party pursuant to this RFP. SMB shall review any submissions by Vendors under this provision and may reject any Proposals where, in the opinion of SMB, the Vendor could be in a conflict of interest or could be perceived to be in a possible conflict of interest position if the Vendor were to become a contracting party pursuant to this RFP. 3.1.10 Vendor Expenses The Vendor is responsible for all costs of preparing and presenting its Proposal and for subsequent negotiations, if any, with Her Majesty. 3.1.11 Period of Commitment Proposals shall be final and binding on the Vendor for 120 days from this RFP’s closing date and time and may not be altered by subsequent offerings, discussions, or commitments unless the Vendor is requested to do so by SMB. 3.1.12 Multiple Proposals If multiple Proposals are offered, the Vendor must submit each Proposal separately in the same format as outlined in this RFP. Proposals must meet the fundamental intent of this RFP. The acceptability of each Proposal will be decided by the Evaluation Team. 3.1.13 Pricing Vendors should propose in Canadian funds. Where applicable, Proposals in U.S. funds will be converted to Canadian funds by SMB and evaluated on the converted amount. This conversion will be based on the currency spot rate appearing on the Bank of Montreal’s web site http://www.bmo.com/economic/regular/fxrates.html on the RFP closing date. The Contract will be issued in Canadian funds in the amount converted from the amount proposed in U.S. funds. Payment will be made in Canadian funds. If all Proposals received are quoted in U.S. funds, the Contract will be issued and payments made in U.S. funds. Alberta Government Services RFP # 279PA-42 Page 8 September 28, 2004
  12. 12. If an extension is incorrect, the net unit price will apply. Net unit prices shall include all costs to complete delivery of the Software to the Purchaser's site. All costs referred to in this clause shall include, but are not limited to, packaging, handling, freight, duty, customs, brokerage fees, insurance, and where applicable, traveling and living expenses. 3.1.14 Irrevocability of Proposals Vendors may amend or rescind their Proposal prior to the RFP closing date and time by submitting a clear and detailed written notice to SMB. Subject to section 3.1.11, all Proposals become irrevocable after the RFP closing date and time. In either of the following circumstances: • the Vendor has rescinded a Proposal prior to the RFP closing date and time; or • SMB has received the Proposal after the RFP closing date and time; such Proposal will, at the Vendor’s choice, either be returned to the Vendor at the Vendor’s expense after the RFP closing date and time, or destroyed by SMB after the RFP closing date and time. 3.1.15 RFP Closing This RFP will close at 14:00:59 Alberta Time on this RFP’s closing date. Proposals shall be received by SMB before 14:01:00 Alberta Time on this RFP’s closing date. For RFP closing purposes, the official time of receipt of Proposals shall be as determined by the time recorder clock used to time and date stamp Proposals upon submission to SMB. 3.1.16 Proposal Submissions Facsimile or digital Proposals in any form (e.g. diskette files, tape files, e- mailed files) will not be accepted, unless requested by SMB or subject to sub- section e) below. Proposals may be delivered by hand, courier or mail during the Hours of Operations at SMB. In responding to this RFP, note to the following: • The Proposal Submission Letter in APPENDIX J of this RFP, or a similar representation of the same information as in that letter, must be completed, signed by an authorized representative of the Vendor and included in the Proposal. • Proposals received unsigned or after this RFP’s closing date and time will be rejected. • Ambiguous, unclear or unreadable Proposals may be cause for rejection. • Proposals must be sealed and clearly marked with this RFP’s number and RFP closing date and addressed as follows: Contracted Services Section Supply Management Branch Alberta Government Services RFP # 279PA-42 Page 9 September 28, 2004
  13. 13. Alberta Corporate Service Centre 2nd Floor, 12360 - 142 Street Edmonton, Alberta T5L 4X9 Reference: Electronic Information Management Software Selection Project - RFP 279PA-42 • Submit twelve (12) bound copies (bound in such a manner that the pages lie and remain flat when opened), one (1) unbound copy of the Proposal, and a CD(s) (compact disc) containing a softcopy of the Proposal (preferably in .pdf format). 3.1.17 Consent to Use of Information The Vendor consents, and has obtained the written consent from any individuals identified in the Proposal, to the use of their personal information in the Proposal by Her Majesty, Her Majesty’s employees, subcontractors and agents, to enable Her Majesty to evaluate the Proposal and for other program purposes of Her Majesty. 3.1.18 Proposal Public Opening Proposals will be opened publicly at SMB, 2nd Floor, 12360 - 142 Street, Edmonton, Alberta immediately following RFP closing. 3.1.19 Recapitulation of Proposals SMB reserves the right to publish the names of responding Vendors and any summary cost information deemed appropriate by SMB. 3.1.20 Proposal Return Proposals and accompanying documentation submitted by Vendors, upon receipt by SMB, will become the property of Her Majesty and will be retained by Her Majesty, subject to section 3.1.14. Proposed Software provided by unsuccessful Vendors will be destroyed by SMB after the award of the Contract or returned to the address as directed by the Vendor in the Proposal at the Vendor’s expense and risk. 3.1.21 Proposal Rejection SMB may reject the lowest cost Proposal, or any or all Proposals. 3.1.22 Termination This RFP may be canceled at any time and any and all Proposals may be rejected in whole or in part when the SMB determines such action to be in the best interest of the Government of Alberta. 3.1.23 Vendor Debriefing SMB will, at the request of an unsuccessful Vendor who responded to this RFP, conduct a debriefing for the purpose of informing the Vendor as to why their Proposal was not selected. 3.1.24 Tax Alberta Government Services RFP # 279PA-42 Page 10 September 28, 2004
  14. 14. Her Majesty may deduct from all payments to the Vendor such amounts as required by the Canadian Income Tax Act, as amended, revised or substituted from time to time. 3.1.25 Sub-Contractual Terms and Conditions It is the responsibility of the Vendor to coordinate all activities relating to the Vendor’s subcontractors. Any intent to subcontract must be detailed in the Proposal, including the name of the subcontractor(s), address, field of activity, the extent of the work to be subcontracted, and references. 3.1.26 Product or Software Subsets or Supersets Her Majesty reserves the right to accept any functional subset or superset of the proposed Software or Services. 3.1.27 Contract Duration The Contract shall be for three years, with the Minister having the option to extend for two additional two-year terms on the same terms and conditions, including pricing. 3.1.28 Proposal Alteration Proposals may not be changed by the Vendor after the RFP Closing Date and Time, unless the Vendor is requested to do so by the SMB. 3.1.29 Evaluation, Demonstration and Testing The Vendor must provide a full production copy of all proposed Software and an electronic copy of the technical proposed software documentation to the Minister at the Vendor’s expense with their Proposal (See M6) to allow testing and evaluation of the proposed Software. This copy of the Software should be web-enabled using Oracle as the DBMS. Vendors may be short-listed and selected to present their Proposals and to demonstrate their proposed Software. Through this shortlist presentation/ demonstration, the Vendor must demonstrate to the satisfaction of the Evaluation Team that the proposed Software is compliant with the mandatory requirements described in this RFP. The Vendor should also demonstrate that the proposed Software provides the functionality to meet the desirable and other requirements laid out in the Proposal. If the Vendor has been short-listed to demonstrate its proposed Software, the Minister will commence Evaluation Testing of the proposed Software. The period of Evaluation Testing shall not exceed 60 Business Days. Vendors should provide a copy of any license agreement that GoA is expected to review in the event of finalizing the Standing Offer Contract. 3.1.30 Modified RFP Process In the event non-compliant Proposals are submitted in response to the RFP, SMB and the Department reserve the right to undertake a Modified RFP Process in order to facilitate the selection of a preferred Vendor. The Modified RFP Process, if employed, will be conducted as follows: Alberta Government Services RFP # 279PA-42 Page 11 September 28, 2004
  15. 15. • All Vendors submitting non-compliant Proposals will be requested to prepare a “Modified RFP Process Proposal”. The necessity, scope and the timing of such a Modified RFP Process will be at SMB’s and the Department’s discretion; • Details regarding the manner and form of the Modified RFP Process and the expected deliverables to be included therein will be provided in advance to all Vendors who submitted a non-compliant Proposal; • Modified RFP Process Proposals and accompanying documentation, upon receipt by SMB, will become the property of and be retained by Her Majesty; • Vendors submitting Modified RFP Process Proposals must, in the opinion of Her Majesty, meet the fundamental intent of the requirements identified in the Modified RFP Process; • At the conclusion of the Modified RFP Process, following the Vendors’ submission of the Modified RFP Process Proposals, the Evaluation Team will evaluate in accordance with an evaluation plan developed for the Modified RFP Process Proposal and will select the preferred Vendor(s), if any. 3.2 Proposal Evaluation 3.2.1 Evaluation Sequence and Process The Vendor’s written submission in response to this RFP will be the basis of evaluation of the Proposals. Therefore, it is important that Vendors accurately and completely address all requirements of this RFP in their submissions. 3.2.1.1 Evaluation Process The Evaluation Team will evaluate Proposals in the sequence identified below. During the evaluation process, Vendors may be required to provide additional information to clarify statements made in their Proposals. Each Proposal shall be evaluated separately against this RFP’s requirement. 3.2.1.2 Evaluation Sequence a) Mandatory RFP Requirements Vendors must provide sufficient detail in their Proposal to substantiate compliance with the RFP’s mandatory requirements. In addition, Vendors must provide cross references to any parts of the Proposal that contain information that they wish to be considered in the evaluation of any given requirement. Alberta Government Services RFP # 279PA-42 Page 12 September 28, 2004
  16. 16. b) Rated Criteria The Evaluation Team will further evaluate Proposals against the evaluation criteria in the RFP. Subject to the requirements of FOIP, such ratings shall be confidential, and no totals or scores of such ratings shall be released to any party. The evaluation results of the successful Vendor(s), including the Evaluation Team's comments about the strengths and weaknesses of the proposed Software, may be provided to those individuals within the Government of Alberta and Approved Organizations who are responsible for, and to make decisions regarding, the selection of the appropriate Software for a Ministry's and Approved Organization’s business environment. c) Shortlisting A shortlist of Vendors may be established. Shortlisted Vendors may be requested to make formal presentations regarding their Proposal and Software demonstration to the Evaluation Team. Key Vendor management and technical personnel will be expected to participate in presentations, demonstrations and evaluation testing. These presentations and demonstration will be made at no cost to Her Majesty. The Vendor will be given ten (10) Business Days, from the time of notification by the Evaluation Team, to prepare for the presentation and demonstration. The Evaluation Team will provide the Vendor with a detailed description of the demonstration requirements (test scripts, if any) and schedule. The Vendor is responsible for supplying all software necessary to meet the requirements of this demonstration and must have the proposed EIM Software installed at the designated ACSC site, prior to the demonstration. The Vendor is responsible for all costs related to this presentation and demonstration. The Software used for this demonstration must be identical in its name and version to the one in the Proposal. It is important to note that any claims of compliance for mandatory and desirable features in future releases of the proposed Software will not be considered. The Vendor, prior to the demonstration, must highlight any additional scripting, configuration, coding, hardware and software configurations not included in the Proposal in writing to the Contracting Manager. The demonstration and evaluation of the proposed Software shall not exceed 2 Business Days. If the demonstration cannot be completed due to Evaluation Team requests for further information/clarification, Her Majesty reserves the right to extend the demonstration for an additional period of time. During this process, the Evaluation Team will clarify and enhance their understanding of the Proposal and the functionalities of the proposed Software to confirm whether the mandatory and desirable Alberta Government Services RFP # 279PA-42 Page 13 September 28, 2004
  17. 17. requirements are consistent with the representations made in the Vendor’s Proposal, and if necessary, re-examine and adjust the initial score accordingly. If at any time during the presentation and demonstration, the Evaluation Team determines that the proposed Software does not meet any mandatory requirement(s) of this RFP, the Vendor’s Proposal will not be given any further consideration. d) Evaluation Testing Should the Vendor be shortlisted by the Evaluation Team to present its Proposal and demonstrate the proposed Software, the Minister will also initiate detailed Evaluation Testing, subject to section 3.1.29. Evaluation Testing will allow the Evaluation Team to confirm and qualify that the proposed Software is compliant with the mandatory requirements and provides the functionality to meet the desirable requirements consistent with the Vendor’s Proposal. This testing shall not exceed 60 Business Days once the Vendor presentation has been completed. During this process, the Evaluation Team will re-examine the scores and if necessary, adjust the score accordingly. If at any time during the Evaluation Testing process, the Evaluation Team determines that the Software proposed by the Vendor does not meet any mandatory requirement of this RFP, the Vendor’s Proposal will not be given any further consideration. 3.3 Contract 3.3.1 Standing Offer Contract Finalization Following the final evaluation, the preferred Vendor(s) shall be required to finalize a Standing Offer Contract with SMB and the Department, which may not include an initial purchase of the proposed Software but will contain the terms and conditions of APPENDIX A, in this RFP. Her Majesty will have the option to incorporate the Vendor’s proposed licensing and/or maintenance agreement. If, in the opinion of SMB and the Department, it appears that Contract finalization will not occur with the preferred Vendor within thirty (30) days, Contract finalization with other Vendors submitting responsive Proposals may be undertaken. 3.3.2 Order of Precedence This RFP and the Proposal shall form part of the Contract. In the case of conflicts, discrepancies, errors or omissions among this RFP, the Proposal, and the main body of the Contract, the documents and amendments to them shall take precedence and govern in the following order: (a) Main body of the Contract (b) RFP (c) Proposal 3.3.3 Contractual Warranties Alberta Government Services RFP # 279PA-42 Page 14 September 28, 2004
  18. 18. Subject to Clause 11 Warranty in APPENDIX A, Standing Offer Contract, the Vendor shall indicate the warranty for the proposed Software products and warrant that the Purchaser shall receive the warranty, and any other benefits, for the Software. Claims made in the Proposal shall constitute contractual warranties. Any provisions in the Proposal may be included in the main body of the Contract. 3.3.4 Consortium Proposals In the case of Consortium Proposals the Prime Vendor is responsible for all acts, omissions, errors and performance under the Contract. 3.3.5 ICT Services Coordinator The Government of Alberta is considering a cross-government initiative that would introduce a new structure for the delivery of government ICT services. This initiative would establish a relationship with an ICT Service Coordinator who would assume responsibility for overall coordination of ICT infrastructure and application maintenance services for the Government of Alberta. Clause 24 of the Contract contains a provision that allows the Minister to assign any part or the entire Contract to a third party. Alberta Government Services RFP # 279PA-42 Page 15 September 28, 2004
  19. 19. 4.0 PROJECT INFORMATION 4.1 Project Overview 4.1.1 Introduction This project shall be referred to as the Electronic Information Management (EIM) Software Selection Project. The EIM project is a government-wide initiative that addresses the need for a consistent and comprehensive approach to managing information as a corporate asset similar to human, financial and technology resources. More and more, delivering on the government’s commitment to Albertans depends on collaboration among Ministries. However, ad hoc and weak management of information assets may hinder collaboration across the government. There are 23 Ministries within the GoA at present. To date, each Ministry has been responsible for procuring, implementing and operating their own EIM Software products, within their own information technology environments. The main goal of this project is to establish a standardized and qualified list of EIM software product(s) that would allow each Ministry to migrate to the preferred Vendor(s)’ Software over the term of this Standing Offer Contract and beyond potentially. Currently, Ministries lack the information management tools such as EIM software that will enable them to: • ensure that information resources are accessible by staff, clients and business partners, not only within individual programs and Ministries, but across Ministries; • apply systematic rights of access to: o enable the fullest use of individual resources where appropriate, o restrict access to personal and other sensitive information where required by the Freedom of Information and Protection of Privacy Act, and o protect the evidentiary integrity of official records; • reduce the escalating costs associated with access to, management, storage, and lifecycle management of these resources; and • support legislative requirements such as the Records Management Regulation, the Historical Resources Act and the Government Emergency Planning Regulation. Alberta Government Services RFP # 279PA-42 Page 16 September 28, 2004
  20. 20. A corporate approach to EIM1 will position the GoA to manage information resources in a consistent manner to support service delivery and enable Ministries to implement EIM at a lower cost. EIM introduces the required consistent and systematic approach to managing all information assets, regardless of the medium in which they are held, throughout their entire life cycle. As a result, it will be easier: • for people to do their work; • for the general public, contractors and governance groups to gain access, when authorized, to government information; and • for Ministries to meet their accountability requirements. 4.1.2 Objectives The objective of this project is for Her Majesty to enter into a Standing Offer Contract(s) with the preferred Vendor(s) that have demonstrated the ability to successfully supply large-scale, enterprise-wide, integrated Electronic Information Management (EIM) Software products. Depending on the evaluation results and the number of qualified product(s), Contracts with up to three preferred Vendors may be established. This project will facilitate the GoA in procuring the required server and workstation licenses to reflect the GoA’s current and future EIM needs and technology direction as GoA Ministries begin to move towards adopting this new standard. As a result, Ministries will be able to reduce the time and effort to (a) develop their business cases (b) decide among competing products, and (c) implement EIM Software products to meet service commitments. 4.1.3 Background A corporate approach to EIM was identified by the GoA’s Information Management Advisory Committee (IMAC) as a priority to improve the discipline and coordination of information asset management within the government. This EIM strategy supports the Information and Communication Technology (ICT) strategy which was adopted by the Deputy Ministers Committee. AGS has undertaken the task of developing and managing this RFP for an integrated suite of EIM Software products to meet GoA’s identified needs. The selected product(s) will have to address current cross-government requirements as the transition occurs towards a shared GoA environment, resulting in Contract(s) for Software products that are available to Ministries as required. 1 Electronic information management (EIM) is used here to emphasize the breadth of information to be managed. In other contexts, and within some Ministries, this is referred to as Electronic Records and Electronic Document Management (ER/EDM) and in the industry is also known as Smart Enterprise Suites (SES) and/or enterprise content management (ECM). EIM is intended to emphasize the need to manage all digital assets of the government and to integrate information in digital format and information in hard media formats (e.g. paper). Alberta Government Services RFP # 279PA-42 Page 17 September 28, 2004
  21. 21. 4.1.4 Project Scope The project scope includes the evaluation and selection of integrated suites of EIM Software products for the GoA. For the purposes of this project, EIM Technology includes both the common and unique functionality of these component technologies: • Document Management (D); • Electronic Team Collaboration (C); • Web Content Management (W); • Records Management (R); and NOTE: Workflow must be fully integrated with the above four components. • Seamless integration with industry leading imaging, scanning, and OCR/ICR systems. The project will assess capabilities of commercially available EIM Software products needed to effectively manage electronic documents, web content, paper files and other information in government. A maximum of 3 products that meet the government’s requirements will be selected and Standing Offer Contracts may be established with Vendors of the selected integrated suites. This project does NOT include the implementation of EIM products across Ministries. It is anticipated that individual Ministries will move forward as business requirements demand and resources are allocated. Vendors may be invited to respond to subsequent RFPs to implement EIM for the requesting Ministry. Further details about the EIM concepts are available in APPENDIX B. 4.1.5 Configuration of Product The Vendor’s Proposal for integrated EIM Software products must include tools that will enable the GoA to independently configure the proposed suite of EIM Software products. Vendors must clearly state in their Proposals and provide supporting documentation showing the extent to which the GoA will be able to configure the proposed Software products. Further information can be found in M16 in APPENDIX D – Project Requirements. 4.1.6 Anticipated Hardware Platform The GoA has primarily Compaq or HP Servers running either Windows 2000 or Windows 2003 participating in Windows 2003 Active Directory domains. A Raritan KVM switch environment allows for local console access to the servers. Large disk storage requirements are accommodated through a storage area network for SAN and NAS storage. There are a smaller number of SUN Solaris and IBM AIX servers as well. The above information is subject to change based on Vendor’s response to M12 in APPENDIX D – Mandatory Requirements. Alberta Government Services RFP # 279PA-42 Page 18 September 28, 2004
  22. 22. The GoA also anticipates on setting up the following environments in conjunction with the production environment: • User Acceptance Training (UAT)/Training o This environment would allow for the testing of new functionalities, pre-production testing and training for new users. This environment would be separate from the production environment. o The GoA anticipates that only 15% of desktop users from Ministries that have acquired EIM Software products from the Standing Offer would access this environment at one time. • Upgrade/Development/Software Release testing environment o This environment would allow for the testing of major/minor upgrades and new software releases. This environment would be separate from the production environment. o The GoA anticipates that only 5% of desktop users from Ministries that have acquired EIM Software products from the Standing Offer would access this environment at the same time. 4.2 EIM Software Requirements Vendors must respond to the mandatory requirements and should respond to the desirable requirements identified in APPENDIX D Project Requirements of this RFP. The functional and technical requirements for the EIM Software have been defined, according to the current and envisioned EIM needs for the GoA, as well as the GAEA architectural requirements. Refer to section 6.0 Proposal Content Guidelines when responding to this RFP. Alberta Government Services RFP # 279PA-42 Page 19 September 28, 2004
  23. 23. 5.0 EVALUATION CRITERIA The RFP evaluation criteria will be distributed within the following categories and their sub-level components: Rating Evaluation Criteria Category Weighting Approach/Understanding 10% Technical Merit 60% Vendor Credentials and Suitability 10% Maintenance/Support as per APPENDIX D – Mandatory 5% Requirements – M8 Cost 15% Acceptance of RFP terms and conditions will also be evaluated, but not scored. Proposals will be evaluated and scored based on the degree to which the Vendor’s Proposal meets the requirements of this RFP. Selection of the preferred Vendor(s) will be based on compliance to the mandatory requirements of this RFP and the highest overall score, subject to satisfactory qualification of the Software by the Evaluation Team during Acceptance Testing. Alberta Government Services RFP # 279PA-42 Page 20 September 28, 2004
  24. 24. 6.0 PROPOSAL CONTENT GUIDELINES 6.1 Proposal Format To facilitate ease of evaluation by the Evaluation Team, and to ensure each Proposal receives full consideration, Proposals should be organized in the following format using the section titles and sequence listed below: a) Proposal Submission Letter as per APPENDIX J; b) Table of Contents; c) Vendor Executive Summary; d) Vendor Corporate Profile and Credentials, as per 6.2.3; e) Proposed Software Products Summary Form (APPENDIX D); f) Mandatory Requirements – Vendor Responses (APPENDIX D); g) Business and Technical Requirements – Vendor Responses (APPENDIX D); h) Financial (Pricing) as per APPENDIX F; i) RFP Administration Terms And Conditions, as per section 3.0; h) Contract Provisions, APPENDIX A; i) Vendor References as per APPENDIX H; and j) Appendices (include APPENDIX G, I and any other information as required). Forms as required above are provided in the Appendices of this RFP or a similar representation of the same information must be used. The “Vendor Response” column in APPENDIX D should provide details and where necessary clearly cross-reference supporting sections of the Proposal. 6.2 Proposal Content The requirements described with a “must” in this section are required to be provided in the Proposal. It is highly desirable that Proposals also respond to “should” requirements in this section. The Proposal response to all mandatory and desirable requirements in this section will be utilized in evaluating each Proposal. Vendors proposing an alternative to any RFP requirement must clearly substantiate the merit of the alternative. Proposed alternatives must substantially meet the fundamental intent of the requirement. The acceptability of the alternative will be determined by the Evaluation Team. 6.2.1 Proposal Submission Letter The Proposal Submission Letter in APPENDIX J must be completed, signed by an authorized representative of the Vendor, and included in the Proposal. 6.2.2 Executive Summary An executive summary of the key features of the proposal must: • Clearly reflect an understanding of the scope, objectives and requirements presented in this RFP; Alberta Government Services RFP # 279PA-42 Page 21 September 28, 2004
  25. 25. • Indicate why the Vendor considers itself to be the “right” Vendor and what key strengths it will provide in the immediate and long term; • Identify what the Vendor sees as the critical success factors and impediments for providing the best products, services and maintenance; and • Clearly identify the Vendor’s approach and understanding of this RFP and the subsequent Standing Offer Agreement Terms and Conditions. 6.2.3 Vendor Corporate Profile and Credentials 6.2.3.1 The Proposal must include: a) a brief introduction of the Vendor, identifying the Vendor’s contact with the Department; b) the full legal name of the Vendor; c) the location of the Vendor’s head office and service centres; d) a Vendor contact for all questions and clarifications arising from the Proposal. The contact information should include the person’s title, address including email, telephone and facsimile number; 6.2.3.2 The Proposal should include: a) a Vendor contact authorized to participate in Contract negotiations. The contact information should include the person’s title, address including email, telephone and facsimile number; b) financial information of Vendor’s corporation to demonstrate a solid financial history and background: • Size of the firm • Financial growth over the last 3 years • Revenue (preferably attach audited financial statement or annual report); and c) details of any and all subcontracting arrangements proposed by the Vendor. 6.2.3.3 In the case of Consortium Proposals, the Proposal should also: a) include a statement that the Prime Vendor is responsible for all acts, omissions, errors, and performance under the Contract; b) describe the role of the Prime Vendor and each Consortium member; c) identify management, ownership, financial and legal relationships between Consortium members; d) demonstrate a Consortium management approach that will ensure, for the duration of the Contract, clear lines of communication and delivery of Services; and Alberta Government Services RFP # 279PA-42 Page 22 September 28, 2004
  26. 26. e) demonstrate that Consortium members are qualified to perform the tasks they have been proposed to perform. 6.2.4 Vendor Proposed EIM Products The Vendor must provide a detailed description of how the proposed suite of EIM Software products will meet the needs described in this RFP. The description must include but is not restricted to a response to APPENDIX D – Project Requirements where it states a response is required. Vendors are asked to systematically address each section. If a Vendor wishes to propose more than one suite of EIM Software products, a separate proposal must be submitted, as defined in 3.1.12 Multiple Proposals. During the evaluation process, consideration will be given when the Vendor’s proposed Software products includes functionality that exceeds the requirements of any of the above components. 6.2.5 Pricing Vendors must use the Pricing Form in APPENDIX F – Pricing Form to submit pricing, for the Software products to meet the requirements in this RFP. The Vendor must: a) provide clear, concise pricing details; and b) include both regular pricing and, if applicable, discount pricing. 6.2.6 RFP Administration and Conditions The Proposal must indicate that the Vendor accepts the RFP Administration Terms and Conditions specified in section 3.0 in this RFP. 6.2.7 Contract Provisions Her Majesty considers each of the provisions in APPENDIX A- Standing Offer Contract as highly desirable, excluding clause 13. Source Code which is a mandatory requirement, and will consider Vendor's explicit response to each of the Contract provisions in the evaluation of the Proposal. All clauses of the Contract, excluding clause 13, will be finalized between the preferred Vendor and SMB. The Proposal must include an explicit response to each of the provisions listed in APPENDIX A by indicating either: “Met” - means that the Vendor accepts the provision exactly as drafted. “Not Met”- means that the Vendor does not accept the provision exactly as drafted, without qualification. If the Vendor does not accept a Contract provision exactly as drafted, without qualification, the appropriate response is “Not Met” and the Vendor must provide in their Proposal the Vendor’s final position on the provision, i.e., the wording that the Vendor requires for the Vendor to enter into a Contract. Her Majesty will deem any alternative wording, Alberta Government Services RFP # 279PA-42 Page 23 September 28, 2004
  27. 27. including suggested, recommended, or proposed wording, as reflecting the Vendor’s final position on the provision. If the Vendor responds “Not Met” to any of the Contract provisions in APPENDIX A, the Vendor should explain how the proposed alternative wording is balanced in terms of the rights and obligations of the parties. Any questions about these provisions must be addressed to the Contract Manager prior to this RFP Closing date. 6.2.8 Vendor References The Proposal must include corporate references for at least three (3) clients of the Vendor, for whom similar EIM Software has been supplied, as per the detailed requirements found in APPENDIX H. References must include the name of the organization and official contact person and should include a street address, email address and telephone number. Her Majesty may contact these or other references without prior notice to the Vendor. Vendors who, in the opinion of Her Majesty, receive unsatisfactory references may have their Proposal rejected. 6.2.9 Appendices If the Vendor wishes to include any other material not specifically requested by this RFP, it may do so by including additional appendices in the Proposal. Alberta Government Services RFP # 279PA-42 Page 24 September 28, 2004
  28. 28. APPENDICES Alberta Government Services RFP # 279PA-42 Page 25 September 28, 2004
  29. 29. Appendix A – Contract Provisions APPENDIX A – Contract Provisions CONTRACT NUMBER: . THIS STANDING OFFER CONTRACT MADE IN TRIPLICATE THIS DAY OF , 2005. BETWEEN: HER MAJESTY THE QUEEN in right of Alberta, as represented by the Minister of Government Services ("Minister") - and - (Name of Company) ("Vendor") 1. Background The Minister issued a Request for Proposals dated October 5, 2004 (“RFP”), which forms part of this Contract, for the supply of the Electronic Information Management Software products. The Vendor’s response dated __________, 2004 ("Proposal"), which forms part of this Contract, was accepted to supply the Electronic Information Management Software products, specified in the attached Schedule “A” (“Software”), which forms part of this Contract. 2. Contract The parties agree as follows: 2.1 The Background is part of this Contract. 3. Definitions In this Contract: “Acceptance” means that when the Purchaser is of the opinion after a visual inspection, the Software appears to be undamaged and the same as ordered; and has the same components as the Software proposed or, as supplied for Validation Testing. “Acceptance Testing” means the Acceptance and/or testing performed by the Purchaser to determine whether the Software performs according to the Manufacturer’s published specifications, industry standards, the RFP, and the Proposal. “Alberta Purchasing Connection (“APC”)” means the Government of Alberta’s electronic tendering system. “Approved Organizations” means organizations, including hospitals, as defined in the Hospitals Act, schools, post-secondary educational institutions, municipalities, Metis settlements and any organizations that carry out services or programs on behalf of the Alberta Government Services RFP # 279PA-42 Page 26 September 28, 2004
  30. 30. Appendix A – Contract Provisions Government of Alberta, which are approved by the Minister to order the Software on the same terms and conditions as stated in this Contract. Approved Organizations will be posted on APC and updated from time to time. “Authorized Dealer” means any individual, partnership, corporation, association or other legal relationship that is duly authorized, permitted or licensed by the Manufacturer to sell, license, lease or otherwise distribute the Software. “Business Day” means 8:15 am to 4:30 pm in Alberta from Monday through Friday excluding holidays observed by Her Majesty the Queen in right of Alberta. “Canadian Distributor” means an individual, partnership, corporation, association or other legal relationship that is duly authorized, permitted or licensed by the Manufacturer to sell, license, lease, or otherwise distribute any or all of the Software in Canada. “Change Request” is a written request from the Vendor to the Minister to consider whether certain Services or Materials are or are about to be outside the scope of this Contract. “Confidential Information" means Minister Confidential Information and Vendor Confidential Information. “Confidentiality Legislation” means the Freedom of Information and Protection of Privacy Act and the Health Information Act and any other similar or related legislation currently in force or enacted in the future. “Contract” means the written agreement between the Vendor and the Minister to allow Purchasers to obtain the Software and consists of the RFP, the Proposal and this document. “Freedom of Information and Protection of Privacy Act” means the Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25, and any regulations made thereunder, as may be amended from time to time. “Health Information” means “health information” as defined in the Health Information Act. “Health Information Act” means the Health Information Act, R.S.A. 2000, c.H-5, and any regulations made thereunder, as may be amended from time to time. “Her Majesty” means Her Majesty the Queen in right of Alberta. “Identified User” means the Ministry’s purchasing representative accessing a purchase under the Contract. “Manufacturer” means any individual, partnership, corporation, association or other legal relationship that manufactures, assembles, or produces any or all of the Software. “Minister” means Her Majesty the Queen in right of Alberta, as represented by the Minister of Government Services. Alberta Government Services RFP # 279PA-42 Page 27 September 28, 2004
  31. 31. Appendix A – Contract Provisions “Minister Confidential Information” means Personal Information, Health Information and any other information concerning the Minister and/or third parties or any of the business or activities of the Minister and/or third parties acquired by the Vendor as a result of participation in this Contract, including information that is contained in data management systems of the Minister, financial or business information and plans of or relating to the Minister or third parties. “Orders” means the order, which is deemed to include all the terms and conditions of the Contract, placed by an Identified User, and accompanied by the Ministry’s financial approval instrument, such as: Purchase Order, Standing Offer Order, Direct Purchase Order, or any other form approved by the Minister or a similar document from an Approved Organization. “Procurement Section” means the Procurement Section of the Supply Management Branch, Alberta Corporate Service Centre, Department of Government Services of Her Majesty. “Purchaser” means: (a) departments of Her Majesty; (b) boards, commissions and organizational units that form part of the public service of Alberta but are not part of a department of Her Majesty; (c) corporations that are an agent of Her Majesty, or (d) Approved Organizations “Services” means the maintenance and support functions, duties, tasks and responsibilities to be provided by the Vendor as described in this RFP. “Software” means the proposed Software and technical documentation to be provided that meets or exceeds the requirements under the Contract. “Vendor Confidential Information” means information, supplied in confidence, concerning the Vendor and/or third parties or any of the business or activities of the Vendor and/or third parties and which is acquired by the Minister as a result of participation in this Contract. “Warranty” means, after receipt of the Software at the Purchaser's site, the greater of the warranty stated in the RFP, the standard Manufacturer's, Canadian Distributor's or Authorized Dealer's warranty, including any warranty extensions. “Warranty Period” means after receipt of the Software at the Purchaser’s site, the greater of the warranty stated in this RFP, the standard Manufacturer's, Canadian Distributor’s or Authorized Dealer's warranty, including any warranty extensions. 4. General 4.1 Headings in this document are used for convenience only and will not affect the meaning or interpretation of the clauses. 4.2 In this Contract: a) words in the singular include the plural and vice versa; and Alberta Government Services RFP # 279PA-42 Page 28 September 28, 2004
  32. 32. Appendix A – Contract Provisions b) references to “Alberta Corporate Service Centre”, "Government of Alberta", “Government Services”, “Innovation and Science”, "Her Majesty” "Minister", “Ministry”, “Procurement Section” and "Purchaser excluding Approved Organizations" mean “Her Majesty the Queen in Right of Alberta” and are used only for administrative purposes. 4.3 The Vendor, for the consideration of one dollar ($1.00), receipt of which is acknowledged, agrees to supply the Software and be paid in accordance with the provisions of this Contract. 4.4 Despite anything in this Contract, the Purchasers: a) may purchase more Software than the Contract amount in Clause 8, provided this Contract has been amended, increasing this Contract’s financial upper limit. b) may purchase less Software than the Contract amount in Clause 8, or c) is not obligated to purchase any Software. 4.5 The Minister may terminate all or any part of this Contract, without cause, upon written notice to the Vendor. The Minister shall only have to pay the Vendor for the Software received to the effective date pf the termination. 4.6 Notices or reports to be provided under this Contract will be deemed to be given to the other party if in writing, and: a) personally delivered; b) sent by prepaid registered mail; or c) sent by facsimile transmission. Notices or reports must be addressed to: the Minister, in care of: the Vendor, in care of: Government Services (Vendor Name) Alberta Corporate Service Centre (Address) 2nd Floor, 12360 - 142 Street (Address) Edmonton, Alberta T5L 4X9 Attention: (position/title) Attention: Purchasing Officer Fax Number: Fax Number: (780) 422-9672 The address of either party may be changed by written notice to the other party. Notices or reports personally delivered or sent by facsimile transmission will be deemed received when actually delivered or transmitted, if delivery or transmission is between 8:15 a.m. and 4:30 p.m. Alberta time ("Business Hours") on any day except a Saturday, Sunday or holiday observed by the Government of Alberta ("Business Day"). Notices or reports sent by prepaid registered mail will be deemed to be received on the fourth Business Day after mailing in any post office in Canada. In the case of postal disruption, notices or reports will be personally delivered or sent by facsimile transmission. 4.7 With the exception of Approved Organizations, this is to certify that the Purchaser of the Software is the Government of Alberta or a listed tax-free Government of Alberta Agency, therefore the Purchaser is not subject to the Goods and Services Tax (GST) or the Alberta Government Services RFP # 279PA-42 Page 29 September 28, 2004

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