Specifications include, but are not limited to: D.1 General. a. Successful Respondent shall provide training development Licensed Software and Related Services as listed in Price Schedule 1 of the Mandatory Price Sheet located in Section IV of this RFO. All costs associated with Licensed Software, including, without limitation, costs for Software Maintenance and Technical Support and hosting applicable components of the Licensed Software in a cloud environment, must be included in Price Schedule 1. b. CPA shall, in accordance with CPA policies and procedures, provide Successful Respondent reasonable access to the Licensed Software to perform Software Maintenance and Technical Support. c. CPA shall retain all rights and ownership of all content (e.g., text, images, videos, etc.) that agency owns and uploads, imports, or develops in proposed Services. Successful Respondent shall not claim any ownership rights to agency content. d. Successful Respondent shall be responsible for providing and performing all necessary activities to successfully deliver Transition-In Services and achieve the Services Effective Date to deliver the Services under any contract resulting from this RFO. Transition-In Services may include but are not limited to the following: (1) Export/Import content such as existing completed and partially developed Articulate training modules and courses. (2) Export/Import templates such as existing full and partial user-developed templates within Articulate (3) Export/Import libraries such as existing full and partial user-developed files stored within Articulate libraries. D.2 Licensed Software and Software Maintenance and Technical Support Services. a) License Grant. (1) Successful Respondent acknowledges that CPA is an agency of the State of Texas and CPA’s business operations include any activities consistent with its statutory authority. (2) Under the contract, Successful Respondent grants CPA a non-exclusive, irrevocable, universal license to the IP Rights for the purposes of (1) using, displaying and performing the Licensed Software in connection with CPA’s network; and (2) using, displaying and performing the Licensed Software in connection with backup and disaster recovery procedures in the event of destruction or corruption of the Licensed Software or disasters or emergencies which require CPA or any of its Affiliates to initiate disaster recovery procedures; CPA shall not permit any Licensed Software to be used by any other person, except for employees, agents, consultants, outsourcing companies and contractors who need to use the Licensed Software in the performance of their duties for CPA and who are authorized and enabled by CPA, under CPA’s written agreement, to access and utilize the Licensed Software. b) Licensed Software Documentation. Successful Respondent shall provide to CPA at least one (1) copy of the Licensed Software Documentation via online or hardcopy for each of the Licensed Software provided. Successful Respondent shall provide CPA either (1) written approval which authorizes CPA to make additional copies of the documentation at no charge or (2) access to additional copies of the documentation at no charge. CPA will restrict distribution of the Licensed Software Documentation to those users with a “Need to Know” classification. CPA shall not remove, deface, or otherwise obscure any copyright, patent, trademark, service mark, or other proprietary legend (Proprietary Legends) on the Licensed Software or the documentation. Furthermore, CPA shall include such Proprietary Legends in any reproductions of either the Licensed Software or the Licensed Software Documentation that CPA is permitted to make. c) Software Maintenance and Technical Support. (1) In its Offer, Respondent shall describe the Software Maintenance and Technical Support services that meet the requirements of this RFO. (2) Software Maintenance and Technical Support Services must include, but are not limited to, the following: telephone and on-line support, Error Corrections, Software Updates, Software Upgrades, Software Patches, Software Fixes, Software Enhancements, Software Releases, latest features, performance improvements, Licensed Software Documentation, unlimited support contacts, and unlimited annual incidents. (3) Successful Respondent shall provide qualified personnel to be available to CPA by telephone, email, or website for the reporting of problems or issues with the Licensed Software or Software Maintenance and Technical Support Services. All such Software Maintenance and Technical Support Services must be unlimited during the term of any contract resulting from this RFO. (4) Successful Respondent shall provide a help-desk toll-free telephone number, email, or website for the reporting of problems or issues with the Licensed Software. Successful Respondent shall provide support 24 hours a day, 7 days a week, 365 days a year. (5) Response Times: Successful Respondent shall respond to service requests in accordance with the priority and within the maximum response times listed in Table 1 (Maximum Response Times). Response Time is defined as the period between Successful Respondent’s receipt of a service call from CPA and the time until Successful Respondent’s service technician responds with repair efforts underway. Repair Time is defined as the timeframe for Successful Respondent to complete the Software Maintenance and Technical Support Services required to return the affected systems to normal operations. CPA, in its sole discretion, will determine the service priority reporting of problems or issues with the Licensed Software.
