Specifications include, but are not limited to: 1. Technology Standards Requirements. The solution to be provided should be a Software-as-aService (“SaaS”) product that is a cloud based and hosted software program, developed, owned, and operated by the Offeror (hereafter “System” or “Software”). Offeror’s Software shall conform to the applicable requirements for hybrid, or cloud/hosted solutions as defined in the County Technology Standards provided in Exhibit E. Offerors are asked to affirm in their RFP response, using Exhibit E, that their proposed Software solution is in conformance with the applicable requirements and to briefly describe how they meet the requirements, or describe alternate methods for how they meet applicable requirements. The County may, at County’s sole option, consider proposed Software solutions that offer an alternate method for meeting applicable requirements. 2. Licensing and/or Subscription and Service Level Agreement. a. Offerors are asked to describe in their RFP response all related licensing or subscription information and all applicable Terms and Conditions for Offeror’s Software that the County will be asked to consider prior to utilizing the Software. Offerors should provide the Service Level Agreement (“SLA”) and associated attachments to Offeror’s RFP response any additional governing documents. b. Offeror shall use commercially reasonable efforts to make sure the software is available with the uptime percentage proposed in Offeror’s RFP response. Offerors are asked to describe in their RFP response using Exhibit E their guaranteed uptime for their Software, describe any remedy or rebates should Offeror not meet the service commitment, and describe how such a remedy or rebate would be applied throughout the term of an agreement. 3. Software Functional Descriptions, Technical Specifications, and Warranty. a. Offeror’s Software shall substantially conform to the functional descriptions and technical specifications proposed in Contractor’s RFP response and agreed to by County. Offerors are asked to describe in their RFP response, using Exhibit F whether their proposed software solution provides the features and functionality requested therein, and using Exhibit F, provide information about any proposed additional or alternate functionality or features, and to briefly describe how those features are provided. Functional descriptions and technical specifications described in Offeror’s response may be included in the Agreement with the Offeror. b. Offeror shall warrant that the Software shall be without material defects for the term of an Agreement. If Software does not perform as warranted, Offeror shall use reasonable efforts, consistent with industry standards to cure the material defects or provide the County with a functional equivalent at no additional cost. Offerors are asked to describe in their RFP response their warranty for Software performance. 4. Data Security and Ownership. a. At a minimum, Offeror shall maintain adequate security and disaster recovery protocols. Offeror’s Cloud Service Provider (“CSP”) and data center, preferably in Government Cloud (“GCC”), shall be located within the United States. b. All data that: (i) is owned by the County; and (ii) uploaded into the Software will remain owned by the County. The County is responsible for the accuracy and legality of all such data and shall represent and warrant the right to use and manage all data in connection with its use of the Software. c. The County may request and offeror shall provide a data extract at any time in various formats including, but not limited to, comma separated value (“CSV”) or Microsoft SQL Server (“MSSQL”). Offeror shall also provide timely any other records requested by the County for response to Public Records Inspection requests under NMSA 1978, Chapter 14, Article 2. d. Upon termination of an Agreement, Offeror shall provide all data to the County in CSV or MSSQL format, or a different format agreed to by the County. Offeror shall then ensure destruction of any remaining County data in their system. e. Offerors are asked to describe in detail in their RFP response how they provide data security and are asked to note any deviations or exceptions to the data ownership stated here in the Scope of Services. Offerors are also asked to provide any specific information related to data security and ownership requested in the County’s technical questions in Exhibit E. 5. System Users and Use. Authorized County users should be able to access the solution via local personal computer (“PC”)-based internet browsers and through secure internet connections and protocols. Offeror’s Software should have the ability to keep and maintain account usernames and passwords in a secure manner using industry standard encryption algorithms. a. Offerors are asked to describe in their RFP response, using Exhibit E where requested, how different types of users would be granted access to the Contractor’s Software and how many County users would be given access. Offerors are also asked to provide any specific information related to users and use requested in the County’s Software Features and Functionality Sheet in Exhibit F. 6. Compliance with Laws, Regulations, and Industry Standards and Audit Reports. Contractor and Contractor’s Software shall, throughout the term of an Agreement, comply with any and all applicable provisions of local, state, or federal law regulating LMS. Offerors are asked to describe in their RFP response their compliance with applicable laws, regulations, and industry standards and to describe any regulatory compliance related assistance Offeror may provide to County and any associated costs. It is expected that Offerors have knowledge of all applicable industry standards, laws, and regulations.
