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HomeMy WebLinkAboutRFP - 8815 ORACLE EXADATA CLOUD@CUSTOMER SUBSCRIPTIONBid 8815 Oracle Exadata Cloud@Customer Subscription Page 1 of 7 INVITATION TO BID 8815 ORACLE EXADATA CLOUD@CUSTOMER SUBSCRIPTION BID OPENING: 3:00 PM MST (our clock), OCTOBER 17, 2018 The City of Fort Collins is requesting bids for a subscription to Exadata Cloud@Customer. This product will be used to consolidate all of the City of Fort Collins’ Oracle database workloads, where applicable. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on October 17, 2018 and referenced as Proposal No. 8815. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, preferably in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 4:00 PM MT (our clock) on October 9, 2018. Please format your e-mail to include: 8815 Oracle Exadata Cloud@Customer Subscription in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 20837 Database Software 20845 Expert System Software 20938 Database Software 20946 Expert System Software Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 2 of 7 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Public Record: The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Bids may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this Invitation to Bid will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your bid. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 3 of 7 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids for a subscription to Exadata Cloud@Customer. This product will be used to consolidate all of the City of Fort Collins’ Oracle database workloads, where applicable. I. GENERAL INFORMATION A. SCHEDULE Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. • Bid Issuance: October 2, 2018 • Final questions due: October 9, 2018 • Proposal Due: October 17, 2018 B. APPROVED MANUFACTURERS Oracle is the only approved manufacturer. Only resellers or partners authorized by Oracle may bid. C. INVOICES & PAYMENTS Invoices should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to invoices@fcgov.com. The cost of the work completed shall be paid to the Vendor on Net 30 terms following the submittal of a correct invoice by the Vendor indicating the project name, item description, unit cost and total cost, including any freight. Payment will be subject to Acceptance by the City. D. FEES, LICENSES, PERMITS The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. E. LAWS AND REGULATIONS The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. The Vendor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. F. BACKGROUND CHECK Proof of employment background checks for any person working on the project must be provided prior to accessing our systems or information. Devices plugged into our network will first need to be inspected by the IT department to make sure anti-malware, etc., is current. G. AWARD For purposes of warranty and service, ONLY approved manufacturers or distributors authorized by Oracle to serve the Fort Collins area may bid. The basis of award will be the total cost based on the base solution with 16 OCPU and/or a combination of the additional cost of 16 - 40 OCPU’s, at the City’s discretion. Delivery lead times, re-racking costs, implementation plan and exceptions taken will also be considered. Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 4 of 7 H. AGREEMENT The awarded Vendor will receive a Purchase Order from the City authorizing work under this Agreement. Vendor should not begin any Work prior to receipt of the Purchase Order. Vendors submitting a proposal shall provide their template agreement(s). I. NON-DISCLOSURE AGREEMENT A sample copy of the Non-Disclosure Agreement (NDA) the City will use for the services specified in this Bid is included for your review. J. SHIPPING & HANDLING All bids shall be F.O.B. 300 Laporte Ave, Fort Collins, CO 80521. All freight charges must be included in prices submitted on proposal. K. TRAVEL & EXPENSES Vendors are to include all expense items in the pricing for the system. The City will not pay for travel or expenses. II. SCOPE OF WORK A. MINIMUM SOLUTION SPECIFICATIONS a. One (1) Oracle Exadata Cloud@Customer X7- 2 unit including: i. Part number B87823 1. One (1) Oracle Cloud@Customer - X6 Control Plane - Non-metered – Each ii. Part number B89114 1. One (1) Oracle Database Exadata Cloud@Customer - Base System - Non-Metered - Each b. 16 OCPUs enabled with the ability to grow to 40 OCPUs c. Deployed in the City of Fort Collins’ data center at 300 Laporte Ave, Fort Collins, CO 80521 d. Fiber for public networking B. DEPLOYMENT OPTIONS a. Fort Collins would prefer to deploy the solution in as few server racks as possible through component consolidation. b. Fort Collins may prefer to deploy the solution in existing Fort Collins datacenter racks. c. Fort Collins would prefer to provide the minimum required power and networking options. C. SUBSCRIPTION TERM a. The City prefers that costs for the following remain fixed for the term of the agreement as well as for any renewal option years: i. All base configuration required to support 16 OCPUs of enabled exadata compute ii. Per OCPU costs for additional exadata OCPUs enabled beyond the 16 included in the base configuration. 1. Metered OCPUs 2. Unmetered OCPUs b. Please provide costs for the following commitment options i. 3 years plus 2 option years for renewal ii. 4 years plus 1 option year for renewal iii. 5 years Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 5 of 7 EXHIBIT A CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non-documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 6 of 7 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security Bid 8815 Oracle Exadata Cloud@Customer Subscription Page 7 of 7 • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement.