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REQUEST FOR PROPOSAL - THIS IS NOT AN ORDER RETURN ORIGINAL- KEEP ONE COPY

COUNTY OF SACRAMENTO ISSUE DATE March 11, 2008DEPARTMENT OF GENERAL SERVICES –

Contract and Purchasing Services Division 10545 ARMSTRONG AVE. STE 202A, MATHER, CA 95655 (916)876-6360

PROPOSALNUMBER 7043

VENDOR

Return your Proposal in an envelope, sealed and clearly marked on outside with proposal number and date shown below to:

CONTRACT AND PURCHASING SERVICES DIVISION10545 Armstrong Avenue, Suite 202A, Mather, California 95655

Proposals must be received and logged in prior to the date and time indicated. Proposals will not be accepted after 3:00 P.M. on:

April 21, 2008For Additional Information Contact

Contract Services Officer IIAdrian Brown [[email protected]]

PHONE (916) 876-6369

Delivery Requirement

See Attached

Merchandise or Service for Delivery To:County of Sacramento

FAILURE TO SIGN THIS SECTION SHALL DISQUALIFY YOUR RESPONSE

The undersigned offers agrees to furnish the articles and/or services listed in this document at the prices and terms stated, subject to the General Conditions of this Request for Proposal:

Firm Name Terms of Sale

Signature F.O.B. Point xxxxxxxxxxxxxx DESTINATION xxxxxxxxxxxxxxxxxx

Printed Name Shipping Date / ARO

Date Phone Estimated Day of Arrival at Destination / After Shipment

Fax

Email Website

If you download a bid/proposal/quote from the County of Sacramento website, (www.sacCountybids.com) you must notify the Contract and Purchasing Services Division (916-876-6360) that you plan to bid on or make an offer on the subject goods/project. Failure to notify us may result in your not being notified of any addenda or changes and may subsequently disqualify you from the bid or proposal process.

COMMODITY TITLE:

Surplus Property Sales and Management System

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http://www.saccountybids.com/

Table of Contents

1 PURPOSE OF THIS RFP........................................................................................................................... 4

2 INTRODUCTION........................................................................................................................................ 4

3 CURRENT ENVIRONMENT..................................................................................................................... 4

4 DEFINITIONS............................................................................................................................................. 5

5 RFP CLARIFICATION.............................................................................................................................. 6

5.1 BIDDER RESPONSIBILITY............................................................................................................................. 75.2 AWARD...................................................................................................................................................... 75.3 CONTRACT EXECUTION.............................................................................................................................. 85.4 CONTRACT PERIOD..................................................................................................................................... 85.5 APPLICABLE LAWS..................................................................................................................................... 8

6 RFP REQUIREMENTS.............................................................................................................................. 9

6.1 REFERENCES............................................................................................................................................... 96.2 FINANCIAL REPORT.................................................................................................................................... 96.3 COSTS...................................................................................................................................................... 10

7 MANDATORY ADMINISTRATIVE REQUIREMENTS.......................................................................11

7.1 ORDERING AND PAYMENT........................................................................................................................ 117.2 FINAL ACCEPTANCE.................................................................................................................................. 117.3 CHANGES................................................................................................................................................. 117.4 INVOICING................................................................................................................................................ 11

8 SURPLUS PROPERTY SALES AND MANAGEMENT SYSTEM REQUIREMENTS.......................13

8.1 MANDATORY REQUIREMENTS................................................................................................................... 148.2 DESIRABLE REQUIREMENTS...................................................................................................................... 26

9 ANCILLARY REQUIREMENTS............................................................................................................. 30

9.1 SPECIFIC TERMS AND CONDITIONS.................................................................................................309.2 INDEMNIFICATION.............................................................................................................................. 309.3 USE OF FUNDS...................................................................................................................................... 309.4 SUBCONTRACTS, ASSIGNMENT........................................................................................................309.5 WEB ACCESSIBILITY & PRIVACY POLICY......................................................................................319.6 INFORMATION TECHNOLOGY ASSURANCES.................................................................................319.7 TIME....................................................................................................................................................... 31

10 GENERAL TERMS AND CONDITIONS............................................................................................32

10.1 COMPLIANCE WITH STANDARD TERMS & CONDITIONS.............................................................3210.2 TERMINATION..................................................................................................................................... 3210.3 INDEPENDENT CONTRACTOR...........................................................................................................3310.4 BENEFITS WAIVER.............................................................................................................................. 3410.5 DISPUTES.............................................................................................................................................. 3410.6 AUDIT OF THE VENDOR'S RECORDS................................................................................................3410.7 SUCCESSORS AND WAIVERS............................................................................................................. 34

11 RESPONSE, PRESENTATION AND REVIEW..................................................................................34

11.1 RESPONSE CONTENT.......................................................................................................................... 3411.2 PRE-SUBMITTAL CORRECTIONS.......................................................................................................3711.3 SUBMITTAL OF RESPONSES.............................................................................................................. 3711.4 SUBMITTAL PACKAGE....................................................................................................................... 3711.5 SUBMITTAL DEADLINE...................................................................................................................... 3711.6 ADVICE OF AWARD............................................................................................................................ 38

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11.7 BID OPENING........................................................................................................................................ 3811.8 REJECTION OR CORRECTION OF PROPOSALS................................................................................38

12 EVALUATION PROCESS AND AWARD CRITERIA.......................................................................39

12.1 REFERENCE CHECK............................................................................................................................ 3912.2 ACCEPTABILITY.................................................................................................................................. 3912.3 AWARD CRITERIA............................................................................................................................... 39

13 APPENDIX A – STANDARD TERMS AND CONDITIONS...............................................................40

14 APPENDIX B – CONTRACTOR CERTIFICATION OF COMPLIANCE FORM...........................42

15 APPENDIX C – AFFIDAVIT OF NONCOLLUSION.........................................................................44

16 APPENDIX D – INSURANCE REQUIREMENTS..............................................................................45

17 APPENDIX E – REFERENCES...........................................................................................................49

18 APPENDIX F – COST BREAKDOWN................................................................................................50

19 APPENDIX G – DEMONSTRATION..................................................................................................52

20 APPENDIX H – SECURITY STATEMENT........................................................................................53

21 APPENDIX I – WEB ACCESSIBILITY POLICY...............................................................................54

22 APPENDIX J – WEB AND PRIVACY POLICY.................................................................................55

23 ATTACHMENT A – MICROSOFT ACCESS APPLICATION FILE (POSTED NEXT TO THIS RFP ON WEB PAGE FOR DOWNLOADING)...............................................................................................56

24 ATTACHMENT B – FLAT FILE EXAMPLE (POSTED NEXT TO THIS RFP ON WEB PAGE FOR DOWNLOADING).................................................................................................................................... 56

25 ATTACHMENT C – FLAT FILE EXAMPLE (posted next to this rfp on web page for downloading).....56

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1 PURPOSE OF THIS RFPThe request for proposal (RFP) is not an order. The purpose of this RFP is to establish a contract for the purchase and installation of software and hardware to implement a Surplus Property Sales and Management System.

2 INTRODUCTIONThe County of Sacramento currently uses a set of in-house data bases to track surplus inventory and to prepare County surplus property for release and sale to the public and to other County internal departments. The County intends to replace these systems by purchasing a Surplus Property Sales and Management System. The County intends to host its own (stand-alone) surplus web page and surplus sales and will use the software solution to conduct these activities. The County does not intend to purchase subscription services to an “on-line auctioneer like” service.

3 CURRENT ENVIRONMENT The current software solution utilizes a Microsoft (MS) Access 2000 data file (mdb) with a custom MS Visual Basic 6 (VB6) front end. Data file is stored on a networked file share (MS Windows Server 2003 3 server cluster). VB6 Front end is loaded on 3 client workstations.

A “snap-shot” of the County’s data base is posted along with this RFP at SacCountyBids.Net for vendors to view and download. [The Microsoft Access Application File is marked as “RFP7043 Attachment A.”]

Current Client & Server Standards

All client workstations run MS Windows XP with Service Pack 2, MS Office 2003, Internet Explorer 6 and at a minimum include the MS .NET Framework 1.1.

Domain authentication and messaging services are provided through MS Windows Server 2003 Active Directory and MS Exchange Server 2003.

Department database servers utilize SQL Server 2005 Standard Edition on MS Windows Server 2003 Standard Edition.

The current MS Access/VB6 application will be replaced once legacy data has been successfully ported to solicited system.

Windows Vista and Internet Explorer 7 are under review and may become standard.

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4 DEFINITIONSWe intend to express our expectations clearly, and they are to be legally interpreted in our favor. Certain words are used throughout this document and shall be defined in this Section.

Response/Proposal/Bid: The written, signed and sealed complete document submitted according to the RFP instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

Bidder/Vendor: A business entity submitting a Response/Proposal/Bid to this request.

We/Us/Our: Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

Purchasing - the Purchasing Division of the Department of General Services

Department/Division – The department or division requesting the goods or services contained in this request, for which this RFP is prepared and which will be the end user of the requested goods or services.

Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

You/Your: Terms that refer to businesses/individuals submitting a proposal, bid or response. The term may apply differently as the context will indicate.

Mandatory: A required element of this request. Failure to satisfy any element of this request defined as “mandatory” will disqualify the particular proposal, bid or response.

Default: A failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

Cancellation/Termination: A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

“Or Equal”: A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a bid document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by bidder, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

Response – The written, signed and sealed proposal submitted according to the RFP instructions. Response does not include any verbal or documentary interaction you may have with us apart from submittal of a formal Response.

Contract – The written, legal document resulting from this RFP that states and explains a formal agreement between the bidder and the County.

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5 RFP CLARIFICATION

Non-Mandatory Bidder Conference – A Bidder conference will be held on April 7, 2008 at 10:30 AM at 10545 Armstrong Avenue, Mather, California, Flight Deck Conference Room. All questions, correspondence and inquiries regarding this RFP should be directed in writing (by email) to the Buyer specified on the Cover Sheet. Questions regarding this RFP must be received in writing (by email) no later than 12:00 PM PST, March 26, 2008.

We reserve the right to request additional written and/or oral information from vendors in order to obtain clarification of their Proposals. The County will respond to all the written questions it has received by way of an addendum, with a tentative release date of April 9, 2008. Questions submitted on or after March 26, 2008 will go unanswered. All addendums will be posted to the County’s web page, www.SacCountyBids.Net until the bid closes. It is the prospective vendor’s responsibility to check the County’s web page, www.SacCountyBids.Net for updates and addendums.

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http://www.SacCountyBids.Net/

http://WWW.SacCountyBids.Net/

IMPORTANT DATES

5.1 Bidder Responsibility We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions and specifications of this RFP unless you have specifically, by section number, raised objection. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for award.

5.2 AwardThe County will award to a single Vendor whose offer in total presents the greatest value, in our view, to the County from the standpoint of suitability to purpose, quality, service, previous experience, price, life cycle cost, ability to deliver, or for any other reason deemed by the Purchasing Agent to be in the best interest of the County. The results will not be determined by price alone.

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ACTIVITY DATE

RFP issued March 12, 2008Written questions due to Purchasing by 12:00 Noon March 26, 2008

Non-Mandatory Vendor Conference April 7, 2008

Addenda issued April 9, 2008

Public RFP Opening April 21, 2008

Phase I Evaluation (Proposals & References) April 22 – 30, 2008

Phase II Evaluation (Demonstrations) May 12 – 14, 2008

Phase III Evaluation (Proof of Concept – If Applicable)

Notice of Intent to Award May 19, 2008

Release Contract May 20, 2008

5.3 Contract Execution This RFP and the vendor’s Response will be made part of an awarded Contract and will be incorporated in the Contract as set forth.

5.3.1 Precedence – In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

the provisions of the Contract (as it may be amended); the provisions of the bidder’s Response (as it may be clarified); the provisions of the RFP (as it may be supplemented).

5.4 Contract Period Any Contract resulting from this RFP shall be for the duration of the project, as determined by the agreed-upon scope of work, project timeline(s) and payment schedule(s) inherent in said contract. The County reserves the right to extend any aspect(s) of said contract, for purposes including but not limited to ongoing maintenance, upgrades, troubleshooting, or consultation, for two (2) additional one-year terms with the original pricing, terms and conditions.

5.4.1 Contract changes - The County shall retain the right to add, delete or change Surplus Property Sales and Management System requirements under an awarded contract and may do so upon giving a thirty (30) day written notification to Vendor. If these changes cause an increase or a reduction in the cost of an awarded contract, said cost shall be readjusted and, when agreed upon, incorporated into an awarded Contract.

5.5 Applicable Laws Vendor, in providing the equipment and services specified herein, shall comply with all applicable Federal, State and County statutes, patents, copyright laws, ordinances, regulations, directives, and laws. The resultant contract(s) shall be deemed to be executed within the State of California and construed with and governed by the laws of the State of California.

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6 RFP REQUIREMENTS

6.1 ReferencesIn Appendix E, provide a list of at least four Surplus Property Sales and Management System software customers that are similar in size to the County of Sacramento. Divisions or subsidiaries of the vendor’s company cannot be used to meet this requirement. No more than one County of Sacramento reference can be used to satisfy this requirement. Submittal of a reference authorizes the County to investigate without limitation the background and current performance of your company. We will use the input of references regarding your capacity to perform in relation to all aspects of this RFP.

If this information is considered confidential by the Vendor, it will be presented as part of the vendor’s RFP package under separate sealed cover clearly labeled "Confidential Information."

6.2 Financial Report To demonstrate evidence of financial stability and resources sufficient to complete performance under an awarded Contract, the vendor must provide one of the following:

A copy of the vendor's most recent corporate annual report inclusive of the vendor’s financial statements together with an auditor's unqualified opinion. This report is to include Consolidated Balance Sheets and Financial Statements as well as a report of independent accountant verification; or

A copy of an independent auditor's Review prepared and signed by a Certified Public Accountant. This Review should consist of inquiry and analytical procedures that provide the accountant with a reasonable basis for expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformance with generally accepted accounting principles; or

A verifiable statement from a bank or similar bona fide lending institution demonstrating an available line of credit to the vendor of at least $300,000. This statement must be on the lending institution’s letterhead and be signed by an official of the institution.

Solid financial performance is an important factor in determining which vendor(s) is awarded a Contract from this RFP. Some standard financial measures which will be used in evaluating financial stability include:

Vendor pays suppliers on time; Positive cash flow;

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Vendor is able to handle accounts receivable net 60 days; Revenue greater than, or equal to, $1,000,000 per annum.

Internally prepared financial reports, compiled financial statements or tax returns are NOT acceptable. The County reserves the right to request additional financial supporting documentation. If this information is considered confidential by the Vendor, it will be presented as part of the Vendor RFP package under separate sealed cover clearly labeled "Confidential Financial Information."

6.3 CostsThe bidder must identify all necessary items needed to implement the proposed solution that will satisfy all of the requirements, as specified in this RFP. Any costs associated with this proposal are to be listed in the Costs table located on Appendix F. In addition, bidder must itemize Surplus Property Sales and Management System solution cost components separately. Any hardware, service, or software and its related price that is not specifically identified in this section and is needed to implement the proposed solution must be provided at no cost to the County.

The County reserves the right to purchase any components specified either from the bidder or from existing County contracts already in place as long as the specified components match the specified bidders configuration and requirements.

6.3.1 Cost Notes Surplus Property Sales and Management System solution hardware and/or

software (pricing must include one full year maintenance/warranty and the following [client/system] upgrade options (if applicable):

o Dot release upgrades;o Version upgrades of the software;o Maintenance/warranty.

6.3.2 Time and Material hourly rate and minimum travel charge for any activities for the proposed solution.

6.3.3 Itemized training material cost. Address any licensing and copyright considerations.

6.3.4 Pricing submitted will be evaluated and firm for the initial Contract term. If the successful vendor’s established price for any item offered is decreased during the term of this bid or during the initial contract term, then such discounts/reductions in price shall be automatically offered to the County.

All pricing and quotes shall be FOB Destination including inside delivery and all freight charges.

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7 MANDATORY ADMINISTRATIVE REQUIREMENTSVendor is responsible for compliance with all Administrative Requirements.

7.1 Ordering and PaymentA Contract Shipping Order or Purchase Order will be sent to the Vendor requesting purchase of a Surplus Property Sales and Management System (hardware, software, installation, training, licensing, documentation, maintenance and/ support). (See section 7.4).

7.2 Final Acceptance

Equipment/Supplies

The County of Sacramento will agree to final acceptance only after the supplied equipment or product is tested and is found to perform within acceptable standards of operation, is in compliance with all published and implied performance standards, and is considered by the County to be ready for practical application.

Services

The County of Sacramento will agree to final acceptance only after the requested services have been performed within the standards described in Section 8 Surplus Property Sales and Management System Requirements, and are in compliance with all published and implied performance standards.

7.3 ChangesShould the County request any deviations, additions or deletions of items specified on an awarded contract, it shall be at liberty to do so. Such alterations shall not nullify the Contract, and shall be upon the mutual agreement of the parties.

7.4 InvoicingThe Vendor will be expected to adhere to the following invoicing procedures:

The Vendor shall submit original invoices to Department of General Services at the following address

County of Sacramento

Department of General Services; Surplus

Accounts Payable

9650 Goethe Road

Sacramento, CA 95827

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All invoices shall include a Contract Shipping Order (CSO) or Purchase Order (PO) number, name of Vendor, date of invoice, and vendor’s unique invoice number.

In addition, each invoice shall contain a minimum of the following information:

remittance address; "bill to" and "ship to" addresses; item descriptions; unit prices, discounts, extensions; invoice total;

a separate invoice shall be prepared for each delivery; Invoicing to the County shall be rendered Net 30 days in arrears

after receipt of undisputed invoice; Invoice discrepancies shall be handled in a professional, courteous, and expeditious manner.

Failure to comply with established invoicing procedures will be grounds for the County to terminate an awarded Contract. A meeting may be arranged by the selected party to reach a mutual understanding of the County’s requirement in this area. The County and the Vendor shall negotiate in good faith to resolve any disputed invoices, or portions thereof.

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8 SURPLUS PROPERTY SALES AND MANAGEMENT SYSTEM REQUIREMENTS Legend:M = Mandatory (These requirements must be included in the final product)D = Desired (It is highly desirable to include these requirements in the final product)Yes - Check this response if you are capable of meeting this requirement.No - Check this response if you are not capable of meeting this requirement.

***A blank or unchecked response on a mandatory requirement will result in the RFP be considered as non-responsive.

Surplus Property Sales and Management System Software Data Migration Services Software Implementation Services Minimum Platform Requirements for Surplus Property Sales and

Management System Software Warranty Maintenance and Support Estimated Cost for each of the above

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8.1 Mandatory RequirementsNo. RequirementM -1 Can you provide the County with a Surplus Property Sales and Management

System capable of allowing the County to conduct its own advertisement(s) and sale(s)?

RESPONSE/REFERENCE:Our company can meet this requirement:

Yes NoPlease explain in detail how this requirement will be met. If necessary, include references to products documentation to support your response (i.e. User Guide, Section xx, Page xx):

No. RequirementM -2 Can you provide the County with a Surplus Property Sales and Management

System that is self-sufficient, i.e. it does not require vendor support for administration?



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No. RequirementM - 3 Can you provide data migration services, i.e. to take the current data from the

County’s environment and transport it in to your Surplus Property Sales and Management System solution? If yes, is there an additional charge for this service?


Yes No Please explain in detail how this requirement will be met. If necessary, include references to products documentation to support your response (i.e. User Guide, Section xx, Page xx):

No. RequirementM - 4 Can your system run on the County’s current system? (See page 4 for a

description of the County’s current environment. For example: Can your solution support Microsoft SQL Server 2005? Can your system run on Microsoft Windows Server 2003?)


Yes No

Please explain in detail how this requirement will be met. If necessary, include references to products documentation to support your response (i.e. User Guide, Section xx, Page xx):

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No. RequirementM - 5 Sacramento County is committed to providing online tools, information, and

services that are accessible to all County residents and employees, including those individuals with disabilities. In keeping with that goal, the Board of Supervisors adopted the County of Sacramento Web Accessibility Policy, based on Section 508 and W3C Guidelines. (See Appendix I & J – Sacramento County Web Accessibility Policy)

Can your Surplus Property Sales and Management System application conform to the Section 508 and W3C guidelines?

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No. RequirementM - 6 Can users create adhoc reports in your system? If yes, please describe the method

used to produce these reports.

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No. Requirement

M - 7 Can your system provide a full audit trail? If yes, please describe how this conducted for the following:

- Bid Tracking

- Financial Tracking

- Database

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No. Requirement

M - 8 Can your system import and export data? Which file type(s) do you support? Are there size or structure limitations?

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No. Requirement

M -9 Can you provide training? If so, what styles of training do you offer? (For example do you provide User Training or Administrator Training, and/or both? Please describe the documentation that is used during the training session(s). Also, please identify what training is included in this proposal.)

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No. Requirement

M - 10 Does your system come with a warranty? Please provide the following:

- A copy of your warranty to include:

Length of standard warranty

Options for extended warranty

What the warranty includes and excludes

A description of how you transition from your warranty to support, and

A description of your warranty methodology. (How is your warranty accessed and serviced?)

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No. Requirement

M - 11 Does your system come with support? Please provide the following:

- A description of the different levels of support

- A description of how long the support lasts

- A description of how support is requested

What is your response time?

What are the hours of availability?

What level of support are you offering in response to this RFP?



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No. RequirementM -12 Does your system provide a process to resolve tie bids?

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No. Requirement

M - 13 Does your system provide a method for manual bid entry for sealed bid auctions?

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No. RequirementM -14 Does your system provide for standard text reports such as General Conditions or

Insurance Requirements?

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No. RequirementM -15 Does your system have the ability to provide multiple delivery methods of sale

information such as bid catalog or sale flyer? (print, mail, fax, email)

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No. RequirementM - 16 Does your system provide automatic and/or manual method to email from an

address list to potential bidders based on bidder profile? (i.e., Contact Information, Sale Type Preference, Prior Bid History and etc.)

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No. RequirementM - 17 Does your system provide the ability for potential bidders to download documents

such as sale flyers and bid catalogs?



No. RequirementM - 18 Does your system provide page and field level context-sensitive help?



No. RequirementM - 19 Does your system permit page and field level, context-sensitive filter and sort?



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No. RequirementM - 20 Does your system provide for multi-level user roles and authorizations?

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No. RequirementM - 21 The County currently uses a SAP R/3 software application known as COMPASS.

The current version is 4.62C. The County is currently upgrading to version ECC 6.0 and expects to be on that version by September 1, 2008.

The County uses COMPASS to process the following reports/functions related to Surplus Property Sales:

Asset Retirement

Deposit Permits

Journal Vouchers

Would your Surplus Property and Management System solution be capable of producing a flat file to import information into Compass? (See Flat File Example Attachment B and C.)



No. RequirementM - 22 Does your Surplus Property and Management System solution provide an integrated

“Point of Sale” module?



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No. RequirementM - 23 Does your system provide and/or allow for auto generated forms, i.e. bid,

compliance, and DMV?RESPONSE/REFERENCE:Our company can meet this requirement:


No. Requirement

M - 24 Does your system allow access to the customer profile from the manual bid entry screen?



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8.2 Desirable Requirements

No. RequirementD - 1 Can your system allow users to publish data to multiple locations, i.e. websites, file

share, etc?



No. RequirementD - 2 Can your system authenticate to an Active Directory?



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No. Requirement

D - 3 Does your system allow for Digital Signatures?

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No. Requirement

D - 4 Does your system provide an “authorized list” of bidders that will permit blocking people/bidders who have been “Blacklisted” from entering bid(s)? If Yes, please briefly describe.

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Yes No Please explain in detail how this requirement will be met. If necessary, include references to products documentation to support your response (i.e. User Guide, Section xx, Page xx):

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No. Requirement

D - 5 Does your system include a Zip Code look up feature?

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No. Requirement

D - 6 Does your system provide a method to conduct “internet”, active/live bid type auctions? If yes please provide a description of the following:

- How your system is administered and maintained

- How new users are added to system

- How your system provides online help for bidders/users

- How your system provides security

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No. Requirement

D - 7 Does your system provide the capability for “Intranet” redistribution of surplus property?

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No. Requirement

D - 8 Does your system provide for and/or include online sealed bid process?



No. Requirement

D - 9 Does your system provide a receipt for electronic submission?



No. Requirement

D - 10 Does your system allow online/digital bidders to cancel, change or withdraw their bid?



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9 ANCILLARY REQUIREMENTS

9.1 SPECIFIC TERMS AND CONDITIONSThe following specific terms and conditions become a part of the final contract between the County and the vendor.

9.2 INDEMNIFICATIONThe vendor shall indemnify, defend and hold harmless the County, it's officers, agents and employees, from and against any and all claims, losses, liabilities or damages, including payment of reasonable attorney's fees, arising out of or resulting from services provided by the vendor, caused in whole or in part by any act or omission of the vendor or anyone directly or indirectly hired or employed by the vendor, regardless of whether caused in part by a party indemnified hereunder.

A. Vendor agrees and assures County that vendor and any subcontractors shall comply with all applicable federal, state, and local anti-discrimination laws, regulations, and ordinances and to not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, or recipient of services contemplated to be provided or provided under an awarded contract, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Vendor shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.

B. Vendor represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and regulations and guidelines issued pursuant thereto.

C. Vendor agrees to compile data, maintain records and submit reports (upon request) to permit effective enforcement of all applicable anti-discrimination laws and this provision.

9.3 USE OF FUNDSIt is understood and agreed that no funds provided by County pursuant to an awarded contract shall be used by vendor for any political activity or political contribution.

9.4 SUBCONTRACTS, ASSIGNMENT

A. Vendor shall notify the County before subcontracting any of the goods or services delivered under an awarded contract. Vendor remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of an awarded contract. Vendor shall be held responsible by County for the performance of any subcontractor whether approved by County or not. The County has the right to reject any contractor or subcontractor for any reason.

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B. An awarded contract is not assignable by Vendor in whole or in part, without the prior written consent of County.

9.5 WEB ACCESSIBILITY & PRIVACY POLICYVendor shall ensure that all web sites and web applications provided by vendor pursuant to an awarded contract shall comply with the County’s Web Accessibility (Appendix I) and Privacy (Appendix J) Policies as well as any approved amendment thereto.

9.6 INFORMATION TECHNOLOGY ASSURANCESVendor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by Vendor in the performance of services under an awarded contract, other than those owned or provided by County, shall be free from viruses and malicious software (for example, Keyloggers, Trojan Horses, etc.) Nothing in this provision shall be construed to limit any rights or remedies otherwise available to County under an awarded Contract.

9.7 TIMETime is of the essence of an awarded Contract.

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10 GENERAL TERMS AND CONDITIONS

10.1 COMPLIANCE WITH STANDARD TERMS & CONDITIONSIn the event the services are terminated either by Contract expiration or by the County of Sacramento, it shall be incumbent upon the Vendor to continue the current goods and services until new Vendor goods and services are completely operational. Contractor shall be reimbursed at the current contracted rate.

You agree to be bound by our standard “boilerplate” conditions, a sample of which is attached to this RFP (Appendix A).

10.2 TERMINATION

A. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party.

B. COUNTY may terminate this Agreement for cause upon giving ten (10) days written notice to CONTRACTOR should CONTRACTOR materially fail to perform this Agreement in the time and/or manner specified. Before such termination takes effect, however, CONTRACTOR shall have ten (10) days to cure the failure to perform. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. If notice of termination for cause is given by COUNTY to CONTRACTOR and it is later determined that CONTRACTOR was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above.

C. COUNTY may terminate or amend this Agreement immediately upon giving written notice to CONTRACTOR, if advised that funds are not available from external sources for this Agreement or for any portion hereof, or if funds in COUNTY’s yearly proposed and final budget are not appropriated by COUNTY for this Agreement or any portion hereof.

D. If this Agreement is terminated under paragraph A or C above, CONTRACTOR shall only be paid for any services completed and provided prior to notice of termination, and all uncancelable obligations. In the event of termination under paragraph A or C above, CONTRACTOR shall be paid the maximum amount which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of CONTRACTOR covered by this Agreement, less payments of compensation previously made. In no event, however, shall COUNTY pay CONTRACTOR an amount which exceeds a pro rata portion of the Agreement total based on the portion of the Agreement term that has elapsed on the effective date of the termination. Uncancelable obligations include those services required to be provided by CONTRACTOR due to its “continuity of care” obligations.

E. CONTRACTOR shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expense obligations to a third party that CONTRACTOR can legally cancel.

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10.3 INDEPENDENT CONTRACTOR

A. It is understood and agreed that vendor (including vendor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto. Contractor’s assigned personnel shall not be entitled to any benefits payable to employees of County. County is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this agreement; and as an independent Contractor, Contractor hereby indemnifies and holds County harmless from any and all claims that may be made against County based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

B. It is further understood and agreed by the parties hereto that Contractor in the performance of its obligation hereunder is subject to the control or direction of County as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by Contractor for accomplishing the results.

C. If, in the performance of this agreement, any third persons are employed by Contractor, such person shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor, and the County shall have no right or authority over such persons or the terms of such employment.

D. It is further understood and agreed that as an independent contractor and not an employee of County, neither the Contractor nor Contractor’s assigned personnel shall have any entitlement as a County employee, right to act on behalf of County in any capacity whatsoever as agent, nor to bind County to any obligation whatsoever. Contractor shall not be covered by worker’s compensation; nor shall Contractor be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by the County to employees of the County.

E. It is further understood and agreed that vendor or Contractor must issue W-2 and 941 Forms for income and employment tax purposes, for all of Contractors assigned personnel under the terms and conditions of an awarded agreement.

The vendor must issue W-2 (Wage and Tax Statement) and 941 (Employer’s Quarterly Federal Tax Return) Forms for income and employment tax purposes for all of the vendor's employees under the terms and conditions of any resulting contract.

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10.4 BENEFITS WAIVER If vendor is unincorporated, Vendor acknowledges and agrees that Vendor is not entitled to receive the following benefits and/or compensation from County: medical, dental, vision and retirement benefits, life and disability insurance, sick leave, bereavement leave, jury duty leave, parental leave, or any other similar benefits or compensation otherwise provided to permanent civil service employees pursuant to the County Charter, the County Code, the Civil Service Rule, the Sacramento County Employees’ Retirement System and/or any and all memoranda of understanding between County and its employee organizations. Should vendor or any employee or agent of vendor seek to obtain such benefits from County, vendor agrees to indemnify and hold harmless County from any and all claims that may be made against County for such benefits.

10.5 DISPUTESIn the event of any dispute arising out of or relating to an awarded contract, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual agreement, nothing herein shall preclude either party's right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.

10.6 AUDIT OF THE VENDOR'S RECORDSThe Vendor shall maintain appropriate financial records, and Sacramento County shall have access to the vendor's financial records for purpose of audit. Such records shall be complete and available for audit within ninety (90) days after final payment and shall be retained and available for audit purposes for four years after final payment.

10.7 SUCCESSORS AND WAIVERSThe contract between the County and the Vendor shall bind the successors of Sacramento County and the Vendor in the same manner as if they were expressly named. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach, or condition precedent or any other right hereunder.

11 RESPONSE, PRESENTATION AND REVIEW

11.1 RESPONSE CONTENTSo that we may be able to compare competing responses, you must submit your response in strict conformity to the requirements stated here. Failure to adhere to all requirements may result in your response being disqualified as non-responsive.

Format of the Response:

all responses must be submitted in three-ring binders and include a matching electronic copy of the vendor’s RFP Response and any labeled attachments (e.g., floppy, CDROM).

all responses must be completed in ink, on a computer or typewritten. No pencil submissions are allowed.

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all responses must include a brief history of your company and executive summary of your Response. Content should address company location, number of employees, customer service methodology, product roadmap and RFP approach.

PLEASE DO NOT USE ANY SPECIAL BINDING TECHNIQUES (SPIRAL, HEAT SEAL, ETC.) THAT WILL PROHIBIT THE COUNTY FROM QUICKLY AND EASILY DISASSEMBLING YOUR RESPONSE. THREE-HOLE PUNCH IS PREFERRED.

Vendor is required to check either YES or NO for all of the mandatory requirements listed in section 8.1. Vendor’s entire response will be considered non-responsive if any of the mandatory requirements are checked NO in section 8.1. Circling NO will result in that response as failing to meet that requirement and will disqualify your response as non-responsive.

Where a written RESPONSE is required, provide a detailed narrative description on how that requirement will be met.

A RESPONSE of “Acknowledged”, or “Understood”, is not acceptable and may be sufficient to render the proposal as non-responsive. Should the bidder take any “exceptions” to this RFP, a summary of those items must be included separately to be considered valid. Exceptions may be accepted or rejected. If exceptions are rejected and disqualifies your Response, you may have the opportunity to withdraw your exception and accept the County’s terms and conditions.

The County requires that bidders insert their RESPONSE electronically into the RFP. Use a different color or italics to distinguish your Response from the RFP. Inserting your Response electronically into the RFP will allow the County to distinguish your responses from the actual RFP. In addition, bidder may re-type the appendices as long as the format remains the same and all the information required is included in your Response.

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Contents of the Response – In order to ensure that every bid receives a fair evaluation, it is required that each Vendor organizes its Response in single three ring binders with numbered tabs in the following manner:

Step One: Obtain five (5) three ring binders and a set of numbered index dividers.

Step Two: Prepare your table of contents with the tabs in this order:

Submit one (1) original document and (4) identical copies, in separate binders.

Tab 1: Signed original cover sheetCompany History, Executive Summary, Time Line and Solution RoadmapAppendix B – Contractor Certification of Compliance FormAppendix C – Affidavit of NoncollusionAppendix H – Security Statement

Your Time Line must address the following:

- Projected Start and End Dates- Milestone Dates- Training Dates

Your Solution Roadmap must address or include the following:

- An explanation as to what report writer is utilized by your system.- A description of minimum server system requirements to run your application.- A description of minimum client system requirements to run your application, i.e.

bidder logging into and using the system from an internet connection.- An explanation as to what file format(s) your system uses to create literature, i.e.

sales form, brochures, and etc?- An explanation as to how your system handles email announcements.- If your system requires 3rd party software, please explain the type of software

necessary and explain how the third party software is utilized by your application.- Explain what type of documentation you provide with your system to include

Systems documentation, Training documentation and End-User documentation.- An explanation as to how you provide patches, bug fixes, revisions and future

releases.- An estimate, based on the contents of this RFP, of the County resources required

to implement your solution.- A copy of a user manual

Tab 2: Financial ReportTab 3: Mandatory and Desirable RequirementsTab 4: References (Appendix E)Tab 5: Pricing (Appendix F)Tab 6: Addendum(s) (if applicable)

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11.2 PRE-SUBMITTAL CORRECTIONSProposals should be free of erasures. Errors may be crossed out with corrections printed in ink or typed adjacent, and must bear dated initials of the person signing the Proposal.

11.3 SUBMITTAL OF RESPONSESThe proper submittal of your Response is the next step in having your offer evaluated. Following the instructions below will enable us to consider you a responsive candidate.

11.4 SUBMITTAL PACKAGE Submit your Response to the location specified on the Cover Sheet, the original (signed and completed) RFP document (see Contents of the Response) with your Response in a sealed box or envelope, clearly marked on the outside with your company name and return address, the RFP number and the due date.

11.5 SUBMITTAL DEADLINE We must receive your Response no later than the date and time shown on the Cover Sheet. Any Response received after that deadline will not be considered.

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11.6 ADVICE OF AWARDBid results will be posted at http://www.sacCountybids.net/bidresults.htm.

11.7 BID OPENINGOn the date and time and at the location specified on the Cover Sheet, all responses will be opened in public. The name and cost information from each response will be read aloud. The proposals will then be sealed and not available again for public inspection until the award is announced.

RESPONSE CLARIFICATION

We reserve the right to request additional written or oral information from bidders in order to obtain clarification of their proposals.

11.8 REJECTION OR CORRECTION OF PROPOSALSWe reserve the right to reject any or all responses. Minor irregularities or informalities in any Response which are immaterial or inconsequential in nature, and are neither affected by law nor a substantial variance with RFP conditions, may be waived at our discretion whenever it is determined to be in the County’s best interest.

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http://www.sacCountybids.net/bidresults.htm

12 EVALUATION PROCESS AND AWARD CRITERIAOur sole purpose in the evaluation process is to determine from among the responses received which one(s) are best suited to meet the County’s needs. Any final analysis or weighted point score does not imply that one Bidder is superior to another, but simply that in our judgment the vendor(s) we selected appear to offer the best overall solution for our current and anticipated needs. Responses will be evaluated based on customer references, adherence to requirements, pricing, as well as any other information deemed appropriate by the County.

12.1 REFERENCE CHECKSubmittal of a Response authorizes us to investigate without limitation the background and current performance of your company. We will use the input of references regarding your capacity to perform in relation to all aspects of this RFP.

12.2 ACCEPTABILITYWe reserve the right to determine whether goods and/or services offered are acceptable for our use.

12.3 AWARD CRITERIAThe award will be in accordance with, but not limited to, the result of our evaluation and our perception of your understanding of our stated needs and specifications, as evidenced by:

the ability of the Vendor to provide a Surplus Property Sales and Management System based on the documented needs in this RFP;

the performance of the bidders Surplus Property Sales and Management System: Accuracy Manageability Ease of use Ease of Implementation and maintenance Overall Value

Award Matrix: The core evaluation team will consist of representatives from the County of Sacramento.

Phase 1: In Phase 1, Responses will be examined as to whether or not bidders understood and responded in accordance with the following requirements:

Company History and Executive Summary Mandatory Requirements Desirable Requirements References Pricing Quality of Proposal

Phase 2: In Phase 2, only the top vendor(s) will be invited to participate in the demonstration phase of the evaluation process (Appendix G):

Demonstration

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13 APPENDIX A – STANDARD TERMS AND CONDITIONS

1. PREPARATION OF RESPONSE:a. All information requested of the vendor shall be entered in the appropriate space on the form. Failure

to do so may disqualify your offer.b. All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections

inserted before submission of your Response. Corrections shall be initialed in ink by the person signing the Response.

c. Corrections and/or modifications received after the closing time specified will not be accepted.d. Time of delivery shall be stated as the number of calendar days following receipt of the order by the

Vendor to receipt of the goods or services by the County.e. Time of delivery may be a consideration in the award.f. Prices will be considered as net if no cash discount is shown.g. All Responses shall be signed by an authorized officer or employee of the responder.h. Responses must be submitted by the date and at or prior to the time specified to be considered. Late

Responses, telegraphic, fax, email, or telephone Responses will not be accepted.i. Submit Responses in a sealed package with the RFQ/RFB/RFP number, and closing date and time

shown.j. If any information contained in the Response is considered confidential or proprietary by the vendor, it

must be clearly labeled as such and presented in a sealed envelope within the vendor’s Response package.

2. BRAND NAMES:a. Brand names and numbers, when used, are for reference to indicate the character or quality desired.b. When brand, number, or level of quality is not stated by the responder, it is understood the offer is

exactly as specified.

3. SAMPLES: a. Samples of articles, when required, shall be furnished free of cost of any sort to the County of

Sacramento.b. Samples of articles selected may be retained for future comparison.c. Samples which are not destroyed by testing, or which are not retained for future comparison will be

returned upon request at your expense.

4. AMERICANS WITH DISABILITIES ACT: As a condition of submitting a Response to the County of Sacramento, the vendor certifies that their business entity is in compliance with the “Americans With Disabilities Act” of 1990, as amended. Failure to certify shall prohibit the award of a purchase order to the vendor.

5. TAXES: a. Do not include sales, use, or federal excise taxes in your Response.b. If your company is outside California and collects use tax, please state the amount as a separate item if

the County is to remit the tax.c. Items purchased for resale will show the County’s resale permit number on the purchase order.d. Exemption certificates will be furnished when federal excise tax is exempted.

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6. LIABILITIES: The vendor shall hold the County of Sacramento, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the County of Sacramento or vendor because of the unauthorized use of such articles.

7. CASH DISCOUNTS: In connection with any cash discount specified on this Response, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received in the County Auditor’s Office if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

8. DEFAULT BY VENDOR: In case of default by vendor, the County of Sacramento may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor, the difference between the price named in the contract or purchase order and actual cost thereof to the County of Sacramento. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

9. AWARDS:a. The County of Sacramento reserves the right: (1) to award Responses received on the basis of

individual items, or groups of items, or on the entire list of items, (2) to reject any or all Responses, or any part thereof; (3) to waive any informality in the Responses; and (4) to accept the Response that is in the best interest of the County. The Purchasing Agent’s decision shall be final.

b. Preference for Sacramento County Products. In purchases by the County ofSacramento, price and quality being equal, preference shall be given to Sacramento County products (Charter of the County of Sacramento, sec. 83); also“, preference shall be given to the lowest responsible local Bidder offering to supply such items for purchase which are raised, grown, manufactured, fabricated, processed or assembled in Sacramento County . . .” (Sacramento County Code, sec. 2.56.060).

c. Preference for California made materials. Pursuant to Sections 4330-4333 of the Government Code, the County, in awarding the purchase, shall prefer supplies partially manufactured, grown or processed in California, price, fitness and quality being equal. In order to receive preference, Responses must clearly specify the item(s) for which preference is claimed and the preference applicable.

10. RIGHT TO AUDIT: The County of Sacramento reserves the right to verify, by examination of vendors’ records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

11. ASSIGNMENT: In submitting a Response to a public purchasing body, the responder offers and agrees that if the Response is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the responder.

12. SPECIAL CONDITIONS: Sacramento County standard terms and conditions must govern any contract awarded. If, after award of contract, vendor provides additional terms or conditions, they will be considered void. To the extent not otherwise stated in the contract, the California Commercial Code shall apply.

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13. Bidder shall defend, indemnify, and hold harmless County, its Board of Supervisors, officers, directors, agents, employees and volunteers from and against any and all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of an awarded Agreement, regardless of whether caused in part by a party indemnified hereunder.

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14 APPENDIX B – CONTRACTOR CERTIFICATION OF COMPLIANCE FORM

COUNTY OF SACRAMENTOCONTRACTOR CERTIFICATION OF COMPLIANCE FORM

FOR THOSE WITH COURT-ORDEREDCHILD, FAMILY AND SPOUSAL SUPPORT

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury.

Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities with whom the County does business:

CONTRACTOR hereby certifies that either:

(a) the CONTRACTOR is a government or non-profit entity (exempt), or

(b) the CONTRACTOR has no Principal Owners (25% or more)(exempt), or

(c) each Principal Owner (25% or more), does not have any existing child support orders, or

(d) CONTRACTOR'S Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the Department of Child Support Services or the court.

New CONTRACTOR shall certify that each of the following statements is true:

a. CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and

b. CONTRACTOR has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

Note: Failure to comply with state and federal reporting requirements regarding a contractor's employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failure to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the Sacramento Department of Child Support Services at 875-7400, by writing to P. O. Box 269112, Sacramento, 95826-9112, or by E-mailing [email protected].

CONTRACTOR Date

Printed Name

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Contract language:

CHILD SUPPORT COMPLIANCE CERTIFICATION:

a) CONTRACTOR shall comply with all applicable state, federal and local laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the California State Family Code and Chapter 2.160 of the Sacramento County Code. CONTRACTOR shall comply with all earnings assignment orders with respect to its employees and shall provide the names of all new employees to the New Hire Registry maintained by the California Employment Development Department;

b) Failure to comply with state and federal reporting requirements regarding CONTRACTOR's employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment shall constitute a default under this Agreement. Failure to cure such default within 90 days of notice by the County shall be ground for termination of the contract.

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15 APPENDIX C – AFFIDAVIT OF NONCOLLUSION

The Bidder swears and deposes that he or she is the party making the foregoing Proposal, that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation; that the Proposal is genuine and not collusive for sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Proposal, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, said by agreement, communication or conference with anyone to fix the Proposal price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository or to any member or agent thereof to effectuate a collusive or sham Proposal.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

SIGNATURE _____________________________________________ AUTHORIZED REPRESENTATIVE

_____________________________________________ PRINT OR TYPE NAME

TITLE _____________________________________________

SUBMIT THIS SHEET AS PART OF YOUR PROPOSAL

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16 APPENDIX D – INSURANCE REQUIREMENTS

Without limiting Contractor's indemnification, Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives or employees. County shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the County Risk Manager, insurance provisions in these requirements do not provide adequate protection for County and for members of the public, County may require Contractor to obtain insurance sufficient in coverage, form and amount to provide adequate protection. County's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required.

Verification of Coverage

Contractor shall furnish the County with certificates evidencing coverage required below. Copies of required endorsements must be attached to provided certificates. The County Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk Manager, the interests of the County and the general public are adequately protected. All certificates, evidences of self-insurance, and additional insured endorsements are to be received and approved by the County before performance commences. The County reserves the right to require that Contractor provide complete, certified copies of any policy of insurance including endorsements offered in compliance with these specifications.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. GENERAL LIABILITY: Insurance Services Office’s Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, Contractual, and Personal & Advertising Injury, without additional exclusions or limitations, unless approved by the County Risk Manager.

2. AUTOMOBILE LIABILITY: Insurance Services Office’s Commercial Automobile Liability coverage form CA 000. a. Commercial Automobile Liability: auto coverage symbol “1” (any auto) for corporate/business

owned vehicles. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.

b. Personal Lines automobile insurance shall apply if vehicles are individually owned.

3. WORKERS’ COMPENSATION: Statutory requirements of the State of California and Employer's Liability Insurance.

4. PROFESSIONAL LIABILITY or Errors and Omissions Liability insurance appropriate to the Contractor's profession.

5. UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverage’s that at least follow form over the underlying insurance requirements where necessary for Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and any other liability coverage (other than Professional Liability) designated under the Minimum Scope of Insurance.

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Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability shall be on an Occurrence basis (as opposed to Claims Made basis). Minimum limits and structure shall be:

General Aggregate: $2,000,000Products Comp/Op Aggregate: $2,000,000Personal & Adv. Injury: $1,000,000Each Occurrence: $1,000,000Fire Damage: $ 100,000

Building Trades Contractors and Contractors engaged in other projects of construction shall have their general liability Aggregate Limit of Insurance endorsed to apply separately to each job site or project, as provided for by Insurance Services Office form CG-2503 Amendment-Aggregate Limits of Insurance (Per Project).

2. Automobile Liability:

a. Commercial Automobile Liability for Corporate/business owned vehicles including non-owned and hired, $1,000,000 Combined Single Limit.

b. Personal Lines Automobile Liability for Individually owned vehicles, $250,000 per person, $500,000 each accident, $100,000 property damage.

3. Workers' Compensation: Statutory.

4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

5. Professional Liability or Errors and Omissions Liability: $1,000,000 per claim and aggregate.

1. Deductibles and Self-Insured Retention

Any deductibles or self-insured retention that apply to any insurance required by this Agreement must be declared and approved by the County.

Claims Made Professional Liability Insurance

If professional liability coverage is written on a Claims Made form:

1. The "Retro Date" must be shown, and must be on or before the date of the Agreement or the beginning of Agreement performance by Contractor.

2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the Agreement.

3. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of one (1) year after completion of the Agreement.

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Other Insurance Provisions

The insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions:

All Policies:

1. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. The County Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the County and the general public are adequately protected.

2. MAINTENANCE OF INSURANCE COVERAGE: The Contractor shall maintain all insurance coverages in place at all times and provide the County with evidence of each policy's renewal ten (10) days in advance of its anniversary date. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days' written notice for cancellation or sixty (60) days’ written notice for non-renewal has been given to the County. For non-payment of premium 10 days prior written notice of cancellation is required.

Commercial General Liability and/or Commercial Automobile Liability:

1. ADDITIONAL INSURED STATUS: The County, its officers, directors, officials, employees, and volunteers are to be endorsed as additional insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no endorsed limitations on the scope of protection afforded to the County, its officers, directors, officials, employees, or volunteers.

2. CIVIL CODE PROVISION: Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

3. PRIMARY INSURANCE: For any claims related to this agreement, the Contractor's insurance coverage shall be endorsed to be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, directors, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. SEVERABILITY OF INTEREST: The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. SUBCONTRACTORS: Contractor shall be responsible for the acts and omissions of all its subcontractors and additional insured endorsements as provided by Contractor’s subcontractor.

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Professional Liability:

PROFESSIONAL LIABILITY PROVISION: Any professional liability or errors and omissions policy required hereunder shall apply to any claims, losses, liabilities, or damages, demands and actions arising out of or resulting from professional services provided under this Agreement.

Workers’ Compensation:

WORKERS’ COMPENSATION WAIVER OF SUBROGATION: The workers' compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this Agreement by the Contractor.

Property:

COURSE OF CONSTRUCTION (COC) WAIVER OF SUBROGATION: Any Course of Construction (COC) policies maintained by the Contractor in performance of the Agreement shall contain the following provisions:

1. The County shall be named as loss payee. 2. The insurer shall waive all rights of subrogation against the County.

INLAND MARINE WAIVER OF SUBROGATION: Any Inland Marine insurance policies maintained by the Contractor in performance of the Agreement shall be endorsed to state that the insurer shall waive all rights of subrogation against the County.

Notification of Claim

If any claim for damages is filed with Contractor or if any lawsuit is instituted against Contractor, that arise out of or are in any way connected with Contractor’s performance under this Agreement and that in any way, directly or indirectly, contingently or otherwise, affect or might reasonably affect County, Contractor shall give prompt and timely notice thereof to County. Notice shall be prompt and timely if given within thirty (30) days following the date of receipt of a claim or ten (10) days following the date of service of process of a lawsuit.

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17 APPENDIX E – REFERENCES

Section 4.0

Reference-1Customer Name __________________________________Address ________________________________________Contact Person/Title ______________________________Phone Number ___________________________________Email __________________________________________Version in use by this customer_______________________Number of Years providing Surplus Property Sales and Management System solution__________




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18 APPENDIX F – COST BREAKDOWNSurplus Property Management System COST BREAKDOWN

Section 5.0

This section has cost tables for each deliverable category – Hardware, Software, Documentation Training, On-going Maintenance and Support.

Proposed Surplus Property Sales and Management System Costs:

The Vendor must enter the cost for all components necessary to meet the RFP requirements relative to the County’s environment (see Section 3). These costs should also include the cost of all Hardware, Software, Documentation Training, Ongoing Maintenance and Support. Vendor is expected to expand the costs table and use as many lines as necessary to completely identify all cost and options (user training, premier support) for the proposed solution on this cost table. Include any price volume discounts.

Vendor is responsible to detail all costs associated with vendors proposed solution to this RFP. Any costs not identified and entered shall be without cost to the County.

Category Quantity Unit Cost

Extended Cost

Hardware (Appliances) $ $Software (Client and Server licenses) $ $Documentation $ $Point of Sale Module $ $Required third party software $ $Optional third party software $ $No of Licenses $ $Additional Licenses $ $Administrator Training $ $User Training $ $Data Migration Services $ $On-going Maintenance and Support Year1

$ $

On-going Maintenance and Support Year2

$ $


$ $


$ $


$ $

Setup and Installation Support $ $Other Costs $ $Total Cost for Vendor’s Proposed Solution $

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Other One-time Costs

The Vendor must enter the cost of other one-time costs. Any costs not entered shall be without cost to the County. Vendor is expected to expand the costs table and use as many lines as necessary to completely identify all other one-time costs for the proposed solution on this cost table. The County of Sacramento may choose or decline the purchase of Desirable or Optional modules.

Description (List Modules comprising the Surplus Sales and Management System)

Brief Description Required / Optional

Cost

$$$

Total of all One-time Costs $

On-going Licenses and Maintenance and Support CostsThe Vendor must enter the cost of on-going maintenance and support of the Surplus Property and Management System. Any costs not entered shall be without cost to the County.

Note: Maintenance and support costs are to be calculated for actual problem resolution time and not from notification of a problem by the County. Vendor is expected to expand the costs table and use as many lines as necessary to completely identify all cost for the proposed maintenance and support costs on this cost table

Maintenance CategoryResponse time

(hours/day)Rate

(per hour)Critical maintenance calls $Non-critical maintenance calls $Scheduled upgrades/minor maintenance $Premier Support $Other – e.g., technical support (provided over the phone) $License Cost for Surplus Property and Management System

$

License Cost for Required Third Party Software $License Cost for Optional Third Party Software $

Total Cost for Maintenance and Support $

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19 APPENDIX G – DEMONSTRATION

DEMONSTRATION

The County may require the Vendor to provide a Demonstration of their Surplus Property Sales and Management System solution that is equivalent to the solution bid in this RFP. The Surplus Property Sales and Management System solution presentation date and time will be determined at a later date and the presentation shall be at no additional cost to the County. The County has tentatively scheduled the demonstrations to take place on 5/12/08 to 5/14/08 at 10545 Armstrong Avenue, Mather, California, (Room – Flight Deck Conference Room).

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20 APPENDIX H – SECURITY STATEMENT

Patrick Groff, Chief Information OfficerSacramento County Office of Communications and Information Technology799 G StreetSacramento CA 95814

Subject: Use of Confidential County Information

Our company will respect and maintain strict confidentiality in the use of all data that our company employees may gain access to for the purpose of preparing a response to RFB # 7043 and for the performance of any subsequent contract. Information obtained from the County will be used only by authorized company employees and for only those purposes for which the County provides the information. Those employees who handle the information will be notified of its strictly confidential nature. Our company will also take responsibility for returning to the County promptly after use, all documents supplied along with all records of information derived therefrom.

Sincerely,

___________________________________Signature Block for Company Representative

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21 APPENDIX I – WEB ACCESSIBILITY POLICY

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22 APPENDIX J – WEB AND PRIVACY POLICY

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23 ATTACHMENT A – MICROSOFT ACCESS APPLICATION FILE (POSTED NEXT TO THIS RFP ON WEB PAGE FOR DOWNLOADING)

24 ATTACHMENT B – FLAT FILE EXAMPLE (POSTED NEXT TO THIS RFP ON WEB PAGE FOR DOWNLOADING)

25 ATTACHMENT C – FLAT FILE EXAMPLE (POSTED NEXT TO THIS RFP ON WEB PAGE FOR DOWNLOADING)

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