In-Scope Projects Project Based Information Technology (IT) Consulting Services required by an Authorized User must be obtained via a Mini-Bid process under this Contract. The Authorized User shall issue a Mini-Bid with a SOW for the required Project Based IT Consulting Services. A Mini-Bid may include, but will not be limited to, projects requiring: analysis, data classification, design, development, testing, quality assurance, security and associated customized training for IT based applications. Additional examples of in-scope projects include, but are not limited to: Technical architecture advisory services; Business analysis for project development; Proprietary software application development/customization, programming and integration; Data information management (including data migration, data conversion, data manipulation, data integration); Project management project support services - including, but not limited to; project management, project quality assurance and control, and Independent Verification & Validation (IV&V); Disaster recovery/business continuity and testing; Quality assurance; Continuity of operations planning (COOP); Data categorization; and Open-source software implementation. Out-of-Scope Work There are service offerings expressly excluded from the scope of these contracts. In many instances, such services and/or offerings are (or will be) covered by another OGS Centralized Contract. Examples include: Staff augmentation services; Time and material services; Web hosting; Automated network monitoring or any other service provided principally through an automated process; Hardware maintenance and support; Software maintenance and support; Ongoing maintenance and support; Services priced on a per asset basis; Services priced on a contingency basis; Equipment maintenance; Prepackaged training courses; E-Learning; Managed services; Acquisition of equipment (hardware) Acquisition of software, either Commercial off-the-shelf (COTS) software or pre-existing software; Acquisition of non-consulting services, such as network provisioning, voice services (local, long- distance), or video bridging; Cloud based or “As a Service” offerings, including but not limited to SaaS, IaaS, PaaS, and XaaS; Any offering that is a combination of equipment, hardware, software, cloud or “as a service offerings”; and Consulting or other installation work which is considered Public Works is excluded from purchase under the scope of this Contract. Historically, the New York State Bureau of Public Works has maintained that installation, maintenance and repair of equipment attached to any wall, ceiling or floor or affixed by hard wiring or plumbing is public work. In contrast, installation of a piece of equipment which is portable or a “plug-in” free-standing unit would not be considered public work. Thus, this Contract does not authorize installation where the equipment becomes a permanent part of the building structure, or is otherwise incorporated into the fabric of the building (i.e. installation on a wall, ceiling or floor in a fixed location, or affixed by hard- wiring or plumbing). See Appendix A, Clause 6, Wage and Hours Provisions. For questions about whether a proposed work constitutes public work, please contact the New York State Department of Labor’s Bureau of Public Work District Office in a specific area. A listing of district offices and contact information is available at xxxx://xxx.xxxxx.xx.xxx/workerprotection/publicwork/PWContactUs.shtm. Definitions Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Authorized User Agreement The document resulting from the transactional Mini-Bid process, which sets forth the specifics regarding the services to be provided by the Contractor to the Authorized User, under the Project Based Information Technology Consulting Contract. Best Value The basis for awarding all service and technology contracts to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall be, wherever possible, quantifiable (State Finance Law §163 (1) (j)). Billing Contact The name, phone number, e-mail, and billing address a customer uses on a xxxx for contact information. Consultant Disclosure Legislation Chapter 10 of the Laws of 2006 amends State Finance Law § 8 and § 163 by requiring: that the Office of the State Comptroller (OSC) include in the Consulting Services Report it compiles annually on contracts issued by state agencies for consulting services during the previous fiscal year. xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/Content/XI/18/C.htm Deliverables All services or products created during the performance or provision of Services hereunder or identified as a “Deliverable” in an applicable Mini-Bid. A Deliverable is a building block of an overall project. For the purposes of this Solicitation and the resulting Contract, a deliverable shall not be set forth as a status report, meeting attendance, a block of staff hours, or an invoice submission. Fixed Price Authorized User Agreement An agreement pursuant to the Centralized Contract that provides for a fix cost for a defined project. Government Contract A contract let by a Federal, State, or Local governmental body within the continental United States. Government Entity An entity at the federal, state, county, city or provincial level. Joint Venture A contractual agreement joining together two or more business enterprises for the purpose of performing on a State Contract. Knowledge Transfer The transfer of knowledge from the Contractor to the Authorized User. Knowledge Transfer can include full written system documentation including all system changes, training classes, manuals and other items. Depending on the scope of the transaction, there may or may not be a deliverable cost associated. All materials will be the property of the Authorized User unless specifically negotiated during the award process. May Denotes the permissive in a contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “Should”. Mini-Bid A type of Bid Document used by the Authorized User to obtain Services under the Project Based IT Consulting Services Contracts. Not To Exceed Rates (NTE) Refers to the New York State contract price set forth in Appendix D. Amounts proposed by the Contractor at the transactional level shall not exceed the hourly rates provided under this Contract (which will be defined values in US Dollars). Prime Contractor For the purposes of Technical qualifications, the business entity with whom a government entity directly has a contract. Project Based IT Consulting Services An OGS Centralized Contract which will provide a set of standardized terms and conditions, guidelines, processes, and templates for the development, distribution and award of specific deliverable-based and fixed-price Information Technology projects. Project Plan A formal, approved document used to guide both project execution and project control. The primary uses of the project plan are to document planning assumptions and decisions, facilitate communication among stakeholders, and document approved scope, cost, and schedule baselines. Retainage A portion of the Authorized User and Contractor fixed-price agreement amount that is held back by the Authorized User until the deliverable or project is satisfactorily finished. Should Denotes the permissive in a contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “May”. Term Definition Solicitation A non-competitive periodic recruitment solicitation (“Solicitation”) for vendors that provide Project Based Information Technology Consulting Services. Vendor An enterprise that sells goods or services. Vendor Submission The complete response to this Solicitation submitted by a Vendor to provide, as applicable , the Product and services described in the Solicitation
Contractor Sales Reporting Vendor Management Fee Contractor Reports Master Contract Sales Reporting. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below. Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services’ Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor’s Bidder Profile. Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The “Miscellaneous” option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized purchasers specified herein during the term of the Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales. Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: For Calendar Quarter Ending Master Contract Sales Report Due March 31: April 30 June 30: July 31 September 30: October 31 December 31: January 31 Vendor Management Fee. Contractor shall pay to Enterprise Services a vendor management fee (“VMF”) of 0.74 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax). The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax) x .0074. The VMF must be rolled into Contractor’s current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor’s VMF payment to Enterprise Services must reference this Master Contract number, work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor’s name as set forth in this Master Contract, if not already included on the face of the check. Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract termination or the exercise of other remedies provided by law. Without limiting any other available remedies, the Parties agree that Contractor’s failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sums. the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing.
