NAFTA Data Link
1995
Final Report
NAFTA Datalink
Final Report
1995
Joint Interim Study Committee on the NAFTA Datalink System:
Charlotte Frederick, Chair
Carol Colombo
Joe Kennedy
Mark Spencer
Senator Keith Bee ( ex- officio)
Merle Baptiste
Jack Haenichen
Ken Reuben
Trey Whiting
Representative Pat Conner ( ex- officio)
Table of Contents
PAGE
I. Authority and Scope of Duties . . . . . . . . . . . . . . . . 1- 2
11. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
111. Recommendations.. . . . . . . . . . . . . . . . . . . . . . . . . 4
Appendices
B. Request for Proposal
C. Minutes of December 18, 1995 Meeting
D. Final Report - Data Link: A Virtual Trade Network
E. HB 2 150 and HJR 2001
Authority and Scope of Duties
Laws 1994, Chapter 193 ( Appendix A) established the Joint Interim Study Committee on
the NAFTA Data Link System. The Committee's primary purpose was to develop the
parameters in the Request for Proposal ( RFP) for a private consultant who would be charged
with conducting a study of the feasibility of developing an on- line information service ( Data
Link) to link trade and investment related databases.
The primary reason for this project is to link the databases that could support trade through the
CANAMEX Trade Corridor. The Comdor includes the provinces of British Columbia, and
Alberta, and the states of Washington, Oregon, Montana, Idaho, Utah, Nevada, Arizona, Sonora,
Sinaloa, Baja California, Jalisco, and Nayarit. It is believed that an electronic trade enhancement
system, such as Data Link, could be uses to increase trade flows within the CANAMEX region
by enhancing the availability and access of trade related information.
The Joint Interim Study Committee on the NAFTA Data Link System's responsibilities included:
developing a user interface that facilitates the ease of access and use of the NAFTA Data
Link System throughout this state and the CANAMEX region;
identifying and assess state, federal and international laws affecting the NAFTA Data
Link System;
creating and defining the network parameters that link trade related databases throughout
this state and throughout the CANAMEX region;
identifying the appropriate transmission infrastructure for the system linkage;
assessing the existing databases and identifying the design and function issue relating to
those databases;
developing specifications for enduser equipment connection to the system;
addressing issues related to the confidentiality and access control of particular portions of
various system databases;
creating an inventory of existing databases and identifying the design and function issue
relating to those databases;
interviewing large and small business users to ascertain issues relating to the nature of the
system user interface;
utilizing the information received to create and develop a request for proposals for the
creation of the NAFTA Data Link System;
determining the appropriate administrative agency of government to oversee the NAFTA
Data Link System; and
preparing and submitting a report on all aspects of the study to the governor, president of
the senate and the speaker of the house of representatives.
The Joint Interim Study Committee on the NAFTA Data Link System is repealed from and after
December 3 1, 1995.
Background
The Joint Interim Study Committee on the NAFTA Data Link conducted two full hearings
( October 25, 1994 and December 6, 1994) and one subcommittee hearing. The committee
hearings centered around the development of a Request For Proposal ( RFP) for the hiring of a
consultant to assist with the charges of the Committee. At the first hearing a subcommittee was
established to develop a document to aid the State Procurement Office in the drafting of the
consultant RFP.
In June of 1995, the contract for the NAFTA Data Link System Study was awarded to Pacific
Northwest Economic Region, contract number A5- 0088- 001. ( Attachment B)
On December 18, 1995, the Joint Interim Study Committee on the NAFTA Data Link System
met to review Pacific Northwest Economic Region's final report, to participate in a
demonstration of the working prototype of the system and to make recommendations regarding
the system. ( Attachments C and D)
Recommendations
The following recommendations resulted from the December 18, 1995 meeting of the Joint
Interim Study Committee on the NAFTA Data Link System:
the Legislature should make it a matter of State policy to participate and promote private
sector efforts to enhance the dissemination of trade leads and trade related information
through advanced information technology;
the Legislature should require the Arizona Department of Commerce, the Arizona-
Mexico Commission and the Governor's Office of Telecommunications Policy cooperate
to the fullest extent of their authority to promote the creation of a private Data Link
enterprise in the CANAMEX region and to establish the minimum requirements of the
system;
State Libraries should work with the Department of Commerce, the Arizona- Mexico
Commission and the Governor's Office of Telecommunications Policy to create and
maintain certain components of the Data Link System developed as part of the Data Link
prototype; and
the Legislature should encourage other CANAMEX states to participate in the creation of
the Data Link System.
In an effort to address the recommendations of the Joint Interim Study Committee on the
NAFTA Data Link System, two bills shall be introduced during the Forty- second Legislature,
Second Regular Session ( 1 996). ( Attachment E)
HB 21 50 appropriates $ 80,000 to the Department of Commerce ( DOC) in FY 1996- 97. DOC
shall contract with a private person or entity that shall establish, maintain and operate the
NAFTA Data Link System.
HJR 2001 requires the state to actively participate and promoting private sector efforts to
continue the NAFTA Data Link System. The reso! utinn also requires that CPLhT- AIMEX states,
public libraries, the Arizona Department of Commerce, the Arizona- Mexico Commission and the
Governor's Office of Telecommunications Policy cooperate and promote the establishment and
maintenance of the NAFTA Data Link System by the private sector.
Appendix A
Senate ~ n~ ro. s . s eHdo use 81 1 1
F I L E D.
State of Arizona
House of Representatives
Forty- first Legislature
Second Regular Session
1994
CHAPTER 193
HOUSE BILL 2190
AN ACT
ESTABLISHING A JOINT INTERIM COMMITTEE TO STUDY AND DEVELOP THE NAFTA DATA
LINK SYSTEM; MAKING AN APPROPRIATION.
Be it enacted by the Legislature of the State of Arizona: '
Section 1, study- committee; members; dutles; report
A. A joint interim study comnittee on the NAFTA data link system is
established consisting of the following members:
1. One ex officio member who is a member of the senate and who is
appointed by the president of the senate,
2. One ex officio member who is a member of the house of
representatives and who is appointed by the speaker of the house of
representatives.
3. One member appointed by the governor, who represents the
Arizona- Mexico comission.
4. The director of the department of connnerce or his designee.
5, Two private sector members who are appointed by the president of .
the senate. -
6. Two private sector members who are app0inted. b~ the speaker of
the house of representatives.
7. One private sector member who is appointed by the governor.
8. The private sector members of the joint interim study committee
on the NAFTA data link system shall have knowledge of or expertise in one
or more of- the following areas:
1. Communications law and regulation.
2. Pub1 i c communications networks, including electronic network
systems.
3. Communications infrastructure development.
4. Computer systems analysis and design.
C.. The committee shall:
H. B. 2190
1. Develop a user interface that facilitates the ease of access and
use of the NAFTA data llnk system throughout this state and the CAWAMEX
reg1 on.
2. Identify and assess state, federal and international laws
affecting the NAFTA data 1 ink system.
3. Create and define the network parameters that link trade related
databases throughout t h i s state and throughout the CANAMEX region.
4. Identify the appropriate transmission infrastructure for the.
system linkage.
5. Assess the existing and the ideal or preferred infrastructure
for the system.
6. Develop specifications for enduser equipment connection to the.
system.
7. Address issues related to the confidentiality and access control
of particular porti ons of various system databases.
8. Create an inventory of existlng databases and identify the
design and function issue relating to those databases.
9. Interview large and small business users to ascertain issues
relating to the nature of the system user interface.
10. Utilize the information received to create and develop a request
for proposals for the creation of the- NAFTA data l i n k system.
11. Determine the appropriate administrative agency of government to
oversee the NAFTA data lfnk system.
12. Prepare and submit a report on all aspects of the study to the
governor, president of the senate and the speaker of the house of
representati ves by December 31, 1994.
D. The study committee may use the services of staff from the
legislative and executive branches as needed and as made available by the
governor, the speaker of the house of representatives and the president of
the senate.
Sec. 2. Appropriation; purpose
The sum of $ 100,000 is appropriated from the state general fund to
the office of the governor for the joi'nt interim study committee on the
NAFTA data l i n k system to obtain the professional services of a consultant
or consultants for the p- urp- oses provided for i n this act.
Sec. 3. Repeal
Section 1 of this act is repealed from and after December 31, 1995.
Appendix B
RUDY SERINO
DIRECTOR
ARIZONA DEPARTMENT OF ADMINISTRATION
STATE PROCUREMENT OFFICE
Capilal Cenler Building. 15 Soulh 151h Avenue. Suite 203, Phoenix, Arizona 85007
( 602) 542- 551 1
June 1, 1995
Rob Gilmore, Project Coordinator
PACIFIC NORTHWEST ECONOMIC REGION ( PNWER)
2001 6th Avenue, Suite 2600
S e a t t l e , WA 98121
SUBJECT: AWARD OF CONTRACT AS- 0088- 001
Dear M r . Gilmore:
Your proposal t o provide NAFTA Data Link System Study services
f o r the Arizona- Mexico Commission has been accepted. A copy of
your contract is enclosed.
The contract period s h a l l be from June 1, 1995 through p r o j e c t
completion.
on your contract award. I f you have any
contact me a t 542- 5511. '
RES : v t
Enclosure
OFFER AND CONTRACT AWARD
SOLICITATION NO.: A5- 0088
The Undersigned hereby offers and agrees to furnish Ihe material, service or const~ ctionIn compliance wlth all terms, condillons, specllcallons and
amendments in the Sollcltalion and any wrillen exceptions in the offer, Signature also cerlllies understanding and compliance wllh paragraph one
of the Stale of Arizona Slandard, Terms and Conditions ( SPO Form 202).
Arizona Transaction ( Sales) Privilege For clariticalion of this offer, conlacl:
Tax Ucense No.:
Name: n w .
U. B- I, N- 601 459 754
phone: 206/ 464- 7143
FAX No.: 206/ 464 - 7735
PKIFIC NO- ECONCMlC KEGION ( PWER)
Company Name Signalure of Person Aulhorized lo Sign Olfer
Rob G i l r r P r e
Address Prinled Name
Seattle, Washinqton , 98121 Project ~ oo& ator
Tllle
Your offer is hereby accepled.
The Contractor is now bound to sell the materials, services or construction lisled by the attached award nolice based upon Ihe ~ ~ l i ~ i l ailnic~ lundi, n g
all lerms, condilions, specilicalions, amendmenls, elc, and the Conlraclor's ofler as accepted by the Slale.
This contract shall henceforth be relerred to as Contrad No.
A5- 0088- 001
The Conlraclor is hereby caulioned no1 lo commence any blllable work or provide any malerial, service or construction under this ConlraCl unlli
Contraclor receives an executed purchase order or contract release document.
II
REQUEST FOR PROPOSAL NO.: . A!- 0088
STATE OF ARIZONA
# PROPOSAL DUE DATE:- MAY 17, 1995
I
3: 00 P. M. MST
NOTICE OF REQUEST FOR PROPOSAL
[ LOCATION: State Procurement Office, Executive Tower, Suite 101
1700 West Washington, Phoenix, AZ 85007
I AP IEP- rPer- nPParSwApoLs al Conference will be held at the Arizona S tta- te Office,
1700 W. Washington, Executive %, Suite 101, Conference Room A, Phoenix, Arizona,
on May 3, 1995 at 9: 00 A. M. A l l potentid offerors are encouraged to attend this
conference. OEferors should bring a cpy of the RFP, as it m y be utilized as part
of the agenda.
8 In accordence with A. R. S. 841- 2534, competitive scaled proposals for the materiels or KMCCS spedficd will be received by the State Procurement
Office at the above specified location until the time and date cited. Proposals received by the correct time and date will be opened and the name
of each oBemr will be publicly read.
Proposals must be in the actual possession of the State Procurement Office on or prior to the exact timc and date indicated above. Late proposals
will not be considered, ucept as provided in the Arizona hocurement Code.
hoposals must be submitted in a sealed envelope with the Request for Proposal number and the offeror's nnme and address clearly indicated on
the envelope. AU proposals must be completed in ink or typewritten and a complete Request for Proposal returned along with the offer by the
time and date ated above. Additional instructions for preparing a proposal are provided on the reverse side of this notice.
1 OLferors arc stmngly encouraged to carefully read the entire Request for Proposal.
Designated Agency: ARIZONA- MEXICO ~ S S I O N
Material and/ or S e ~ c c : MUFTA m LINK ! xsIm SIUDY
Contract Type: I Contract T e r n
FLm, F'IXED PKUECI' PRICE
aATE OF AmEa ' I'mma PIanxT ( XtmErION
Prowcrnent Speanbt
Phone ( 602) 542- 55 11 1 hifli 1
I U
THIS PROPOSAL. IS BY: Namc of Company.
SPO Form 301- NP ( IY92)
1 of 29
a
A. hll p m p u l s dlall be on the fornls provided In tltls Rq- for Roponl p&& c It 1s paminible to cop). t h c r forms If q u i d . Telcppl~ ic
or mallpms will not be considered.
h Tl~ cO lla md Contlan Awatd document ( SPO Form 203) must k submitted with an o r i f i d Ink r i p t u r c by Lhc penon authorized to sign
tile oller.
c Ernsurs InteriinuiLLons or 001a modifications Ln tbe pruporal shall k initialed in original ink by the authorized pax00 signing the Vendor
Ollu.
d. lo caoe of e m r in tbe atennon of pries in the proposal. Be unit prim will pvun.
c Periods of timc stated as a number of days, shall be calendar days
1. It is tbe rrrponsibiliry of all Offvon to aamine h e entire Requen for R o p a l packgc and seek & riT~ cation of any Item or rrquirrm? that
may not be d a r and to chcdr d l rrsponns lor armracy Mom submitting r p r o p o d Ncgligencc in pmpariry M Ofler confers no right of
withdrawal after due time and date
WUIRIES: ~ nqyua rion related to a R q u d f or Proposal must k d i m 4 t o the Rocurunent Spniatin w b on~ am e appean on the front. The offeror
s t d l not contact or ask quations of the nate agency for which tbe rcquircment 1s being procud. Q u d o n s should be submitted Ln writing when time
- tr n e Procurunent Specialin may q u i r e my and all quaions to be submined in writing at the State's sole disuction. Any correspondence
dated to a R q u s t for Proposals should RTer to h e appropriate R q u a t for Prop& number, page, and paragraph numkr. However, the Offmr
mun not place tbe Rquesi for hoposal n u m k on the outside of an envelope containing questions since such an envelope may k Identified as a sealed
propod and may not be opened until aher the ollicial Rquen for Proposals due date and rime
m m CONFERD. KE: A prospective olTmr's conference may k held. U scheduled. the date and time of this conference will be
indicated on the cover page of this document. The purpose ofthis conference will k to clarify the contents of this Rqucct lor Proposal in order to prevent
my misundemanding of the Slate's position. Any doubt as to the raquircmenu of this Request for Propod or any apparent omission or discrepancy
sbould k p m t e d to the State at Lhis confemcc The State will hen detamine the appropriate action ncctrsory. if any, and issue a written amendment
to tbe Request for Pmposnl. Oral nstunents or innruc~ ionsw ill not constitute an unendmenl to this Requm for Proposal.
LATE P R O W Late Proposals will not be m n c i d d , ucept as provided by the Arizona hwurrment Code An Offeror submitting a late proposal
shall be a, norifred.
WmDRhWU OF PROPOm At any time prior to the syecihed proposal due time and date an Offeror ( or designated representative) may withdraw
the Proposal. Telcgaphic or niailgram withdrawals will not be consider&.
W h E b l T OF PROPOSAL Receipt of a Solicitation Amendment ( SPO Form 20T) must be acknowledged by signing and returning the document to
h e State
P h m : The State will make every eflon to, process payment lor the purchase of goods or - ca wibin l h i q ( 30) calendar days after receipt of
goods or scrvim and a cum notice of amount due unlas a good faith dispute a i n s as to any obligation to pay all or a ponion of the account. Any
olla that q u i r e s payment in less h nth irty ( 30) d e n d a r days shall not be considered.
DEaXPfE: Payment discount puiods will be computed from tbe date of mxipt olmatuiaVsuvice or correct invoice. whichever is later, to the date
St~ te'sw arrant u mailed. Unlm f i g h t and other charges arc itemized, any discount provided will be taken on full amount of invoice. Payment discounts
of LhLTy ( 30) calendar days or more will be deducted from the bid price in detuplining the low bid. However, the State shall be entitled to take
admmge of any puyment discount offcrrd by the Vendor provided payment is made within the discount period.
TAXES: Tl~ Set ate of hrizona 1s acmpt from Federal Gci~ Ta r. including the Federal Transportation Tax. Exemption cerlificstu will be furnished upon
q u a & la Tar, Il any, shall k indicated as a scparate ltun.
VEHDOR REJZUI'RA~ N: Prior to the award of a contraa the sumssful OlTvor sball have a completed Vendor Reginration Fonn ( SPO Form 200)
on fie with the S ~ t Pero curement Ofice
AWARD Of m C T :
I Unlcn tbc Olluor hats o t h u w i r or unless othcrwiv provided witbio the Requat for Proposals, the State rrrerva the right 10 award by
individual line Itun. by p u p of line ituns. or as a r o d whichever is deemed most advantageous to the State
b. Notwithstanding any other provision of the Requen for Roporals he Sule aprrssly m athe right to:
( 1) Wnlve any immaterial d d e a or inlormality: or
( 2) R c j d my or d l proposals, or portions d m l : or
( 3) Reissue a Requen for hoporals.
c A response to a Rquest lor hoposalr Is an offer 10 conma with the Sole hd upon the turns, condltionr, scope of work and gificationr
conmined in the State's Requesl lor Proposals. Proposals do not bcrome contracts unless and until they arc ampred by an autl~ oritcd
pn> cument ollicer. A contract is formed when tile procurement ollim pmvide written notle of award( s) to rile ~ c c u s l uOl f femr( s). Tl~ e
contraa has Its Inception lo the award document. eliminating r l o m l riplng of a separate contract. For that reason. all of tl~ ete rms and
condltionr of tile procumen1 conma are contalncd Ln dte Requcal lor Roporsls: unless modified by r Solidtation hmendmcnt ( SPO
Form 207) or a b n l r a d Amendmenl ( SPO Form 217) rigned by the authorized procuruncnt olliccr.
3 Form 201- P. FP ( 1V921
TO THE STATE OF ARIZONA:
I
I
The Undersigned hereby offers and agrees to furnish the material, service w cwrshuction in compliance with all terms, conditions, specifications
and ~ lendmenIkn heS olicibtion and any written exceptions in the ofler. Signature dso certifies underswing and compliance with paragraph
one of the State ol Arizona Standard Terms and Conditions ( SPO Form 202).
OFFER AIYU C ; ~ N * I . MI~ numu . - -
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
AS- 0088 - ( 602) 542- 551 1 SwaTAnoN NO.:
Sbdl Ib odgi~ o! f lhk 10 th s. 1~.
OFFER
Arizona Transaction ( Sales) Privilqe Fw clsritication of this offer, contact:
Tax Ucense NO.:
Name:
Federal Employer Identification P h :
No.:
FAX No.:
I
Your ofler is hereby accepted.
The Contractor is now bound to sell the materials, services or construction listed by the attached award notice based upon the solicitation.
Company Name Signature of Person Authorized to Sign Mler a.
I Address Printed Name
This contract shall hencelorth be referred to as Contract No.
The Contractor is hereby cautioned not to commence any billable work or provide any materid, service or construction under this contract until
Contractor receives an executed purchase order or contract release document
State Zip Tde
1
Stale ol Arizona
including all terms, conditions, specifications, amendmenk, etc, and the Contractor's oHer as accepted by the State.
I
i ROBERT E STEPHENSON, JR., C. P. P. O.
ADMINISTRATOR, PROFESSIONAL SERVICES UNIT P I
SPO Form 203 ( 1 1- 92) 3 of 29
SPO Form 212 ( 1082) 4 of 29
f
PART ONE
INTRODUCTION AND BACKGROUND
1. INTRODUCTION
1.1 This document c o n s t i t u t e s a Request f o r Proposal ( REP),
v i a competitive sealed proposals, from q u a l i f i e d
i n d i v i d u a l s and organizations t o provide t h e s e r v i c e s
as contained i n t h e Scope of Work.
1.2 For ease of use only, t h i s document is divided i n t o
f i v e s e c t i o n s : Part One is t h e Introduction and
Background, Part Two describes t h e Scope of Work, Part
Three contains Special Terns and Conditions, Part Four
describes s p e c i a l I n s t r u c t i o n s t o Offerors and Part
Five contains the Pricing Schedule and Exhibits.
2. Backqround/ Purpose
2 . 1 On April 1 9 , 1994, Governor Symington approved House
B i l l 2190. House B i l l 2190 e s t a b l i s h e d a j o i n t interim
committee t o study and develop t h e NAFTA Data Link
System. The committee, established by House B i l l 2190,
is comprised of n i n e i n d i v i d u a l s from both t h e public
and p r i v a t e s e c t o r s .
2.2 Even before NAFTA was approved, t h e S t a t e s and
Provinces throughout North ~ m e r i c a have been attempting
t o i d e n t i f y how best t o obtain t h e b e n e f i t s of f r e e
t r a d e . One of t h e opportunities f o r t h e western S t a t e s
and Provinces involves p a r t i c i p a t i o n i n the c r e a t i o n of
an i n t e r n a t i o n a l north- south t r a d e c o r r i d o r , known as
" Canamex". Canamex runs from Alberta, Canada t o
Guaymas and Ensenada, ~ e x i c oa nd p o i n t s f u r t h e r south.
The proposed Data c ink System is intended t o l i n k
e x i s t i n g and maintained trade and investment r e l a t e d
databases throughout the Canamex Trade Corridor ( which
includes t h e provinces of B r i t i s h Columbia and Alberta,
and t h e S t a t e s of Washington, Oregon, Montana, Idaho,
Utah, Nevada, Arizona, Sonora, Sinaloa, Baja
C a l i f o r n i a , J a l i s c o and Navarete) . The intended users
of t h e D a t a Link System are primarily members of the
p r i v a t e s e c t o r business community throughout the
Canamex t r a d e c o r r i d o r and worldwide.
1
INTRODUCTION AND BACKGROUND
REQUEST FOR PROPOSAL NO.: AS- 0088
EXECUTIVE TOWER SUFTE 101
1700 WEST WASHINGTON
a PHOENIX. ARlZONA 85007
( 602) 542- 551 1
SCVYE Ul?' w u n n 1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.: A5- 0088
PART TWO
SCOPE OF WORK
1.1 The contractor shall perform a comprehensive analysis
of the proposed NAFTA Datalink System and deliver the
resulting study to the Arizona- Mexico Commission
( hereinafter referred to as the State Agency). The
study shall contain all of the information necessary to
prepare a detailed " scope of workt1 for the actual
design and implementation of the Datalink System. In
this study, the contractor shall:
1.1.1 Develop a user interface that facilitates
easy access and use of the NAFTA Datalink
system throughout Arizona and the Canamex
region.
1.1.2 Recommend training manuals and procedures for
users of the ~ atalink System.
1.1.3 Identify and assess state, federal and
international laws affecting the NAFTA
Datalink system, particularly any legal
impediments to the creation of the system.
1.1.4 Create and define the network parameters that
link trade related databases throughout
Arizona and the Canamex region.
1.1.5 Identify the appropriate transmission
infrastructure for the system linkage.
1.1.6 Assess the existing and the design ideal or
preferred infrastructure for the system.
1.1.7 Develop specifications for end user hardware
and software connection to the system.
1.1.8 Address issues of confidentiality, security,
reliability and control of access to
databases.
i
I
SPO ~ otm22 2 ( 10- 02) 5 of 29
SCOPE OF WORK : EXECUTIVE TOWER SUITE 101
1700 WEST WASHINGTON
PHOENIX. ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.: A5- 0088
Create an l* as- is" inventory of existing
databases. Identify the owners of these
databases, their interest in participating in
the Datalink System, and identify the design
and function issues relating to those
databases. The " as- is1@ inventory shall focus
on the resources within the Province of
Alberta, Canada, the State of Arizona and the
country of Mexico. The contractor will be
provided with a public sector point of
contact who shall assist the contractor to
qather the available information of the
Province of Alberta.
1.1.9.1 The Itas- isM inventory shall, at a
minimum, include:
1.1.9.1.1 Existing infrastructure
supporting the databases,
including, the mode of
transmission.
1.1.9.1.2 User interfaces and
access tools/ modes.
1.1.9.1.3 User platforms
1.1.9.2 The llas- islilnv entory shall address
each of the areas identified below:
1.1.9.2.1 Database intelligence
( application layer) I
specifically: location,
type, ownership, size,
viability, data file
structure and standard,
existing legal and
contractual issues and
current work in progress.
Access mechanisms
including standards,
modes of access and level
of security shall also be
identified.
SPO Form 222 ( 10- 92) 6 of 29
1.1.9.2.2 Database platform,
specifically: type of
system, operating system,
version/ maturity issues,
network hardware and
software devices,
existing legal and
contractual issues and
current work in progress.
Access mechanisms
including network
identification, protocols
and inoperability issues
shall also be identified.
C
1.1.9.2.3 Physical infrastructure,
specifically: physical
and logical topology
( i. e. Lan, Wan, peer- to-
Peer , client/ server) ,
connectivity and
transmission medium and
strategic thrusts.
i3LJV- IT A2 WI' 11 W A U I 1 I IW WC3 I l V M 3 r l l l " U I " I.
PHOENIX, ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.: A5- 0088
1.1.10 Interview large and small business users to
ascertain issues relating to user need and
the nature of the system user interface.
1.1.11 Determine the appropriate administrative
agency or agencies ( if any) of government to
oversee the NAFTA data link system, and
identify the reasons why such agency or
aqencies should be tasked with such
2. Deliverables
2.1 At a minimum, the contractor shall submit written bi-monthly
progress reports to the State Agency. The
contractor shall comply with requests from the state
Agency for more frequent written, progress reports.
St; WY. b VF w u n n 1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
( 602) 542- 551 f
SOLICITATION NO.: A5- 0088
2.2 he "' contractor . shall ' submiti- '. to the - State ,;;~ gency,'
within'' 9 0 - days,- ' f ram.. contract -' award,..; 2O copies- of == t he
draft final ' report. The report shall be complete ' and
concise, documenting the information and findings
obtained during the contractor's study and the
recommended next steps in the development of the NAFTA
Datalink system. The draft report shall be reviewed
and approved by the State Agency.
2.3 The contractor shall submit 20 copies of the final
report within twenty days of approval by the State
Agency. One unbound reproducible original of the final
report shall be submitted.
2.4 The report shall include recommendations which address:
2.4.1 The financial options for the State including
options for public, public/ private, and
private financing.
2.4.2 Limits and constraints of the existing
system, if any.
2.4.3 " To- be" scenarios which include time,
technology options and financial options.
2.4.4 Identification of revenue generating
opportunities and models.
2.5 The report shall also specify the Scope of Work for the
actual design and implementation of the Datalink
System, the intention being to insert this Scope of
Work into the phase I1 of the RFP that may be issued
for the creation of the Datalink System.
3. Meetinqs
3 . 1 The contractor shall meet with the State Agency and the
committee, as necessary, but not to exceed one meeting
per month to report on progress and present facts and
findings.
3.2 The contractor sha3.1 be given at least 72 hour notice
prior to required attendance at a meeting.
SPO Form 222 ( 10.02)
-
SCOPE OF WORK LnLY",,... .-.,-. * --..- .-.
, 1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.: A5- 0088
4. Pro: ect Manaaement
4 . 1 The State Agency shali be the designated Project
Director. ~ d d i t i o n a l l y , a technical advisor s h a l l be
designated by the S t a t e Agency t o aid the contractor.
4 . 2 As the Project Director, the s t a t e Agency w i l l provide
general d i r e c t i o n for the project.
4 . 3 The contractor s h a l l designate a Project Manager. The
project Manager s h a l l provide, on a regular basis,
supervision of a l l a c t i v i t i e s and personnel involved
with the p r o j e c t .
I
I
I II
3 -
i
SPO Form 222 ( 10- 02) 9 of 29
SPECIAL TERMS AND CONDITIONS ~ ECU" v' ' uwc~ aulllcu l
1700 WEST WASHINGTON
PHOENIX ARIZONA 85007
A5- 0088 ( 602) 542- 551 1
SOLICITATION NO.:
PART THREE
SPECIAL TERMS AND CONDITIONS
Pre- Proposal Conference: A conference w i l l be held, i f so
indicated on page one ( 1) of t h i s document, a t t h e State,
Procurement Office, 1700 W. Washington, Suite 101, Phoenix,
Arizona i n Conference Room A or a t an address t h a t is
appropriate. The purpose of the conference w i l l be t o
c l a r i f y t h e contents of t h e Request f o r Proposal i n order t o
prevent any misunderstanding of t h e S t a t e o f Arizona's
p o s i t i o n . Any doubt as t o . the requirements of the Request
f o r Proposal o r any apparent omission or discrepancy should
be presented t o t h e S t a t e a t the conference. The S t a t e of
Arizona w i l l then determine t h e appropriate action
necessary, i f any, and i s s u e a written amendment t o t h e RFP.
O r a l statements or i n s t r u c t i o n s s h a l l not c o n s t i t u t e an
amendment t o t h e Request f o r Proposal.
Proaosal ~ p e n i n q : Proposals s h a l l be opened publicly a t the
t i m e and place designated on the cover page of t h i s
document. The name of each offeror s h a l l be read publicly
and recorded. P r i c e s w i l l be read. Proposals w i l l not
be subject t o public inspection u n t i l a f t e r contract award.
Offer Acceptance Period: Proposals s h a l l be irrevocable
o f f e r s f o r 90 days a f t e r t h e proposal due date.
Term of Contract: The term of the contract s h a l l commence
upon award and s h a l l remain in e f f e c t u n t i l a l l work
required by t h e contract is completed by the Contractor and
accepted by t h e Agency.
Pricinq: Pricing must be submitted in an a l l i n c l u s i v e
b a s i s . The S t a t e w i l l not reimburse any item o t h e r t h a n the
a l l i n c l u s i v e r a t e s contained on the Pricing Schedule.
Pavment : The Contractor s h a l l submit t o the Agency a
monthly statement of charges for the previous month. The
statement s h a l l include a record of t i m e expended and work
performed i n s u f f i c i e n t d e t a i l t o j u s t i f y payment. The
Agency s h a l l process , the claim f o r prompt payment in
accordance with t h e standard operating procedures of the
S t a t e .
SPO Form 205 ( 10.92) 10 of 29
I SPECLGI, C o N D r f l ~ ~ s M C ~ U I I V G - w ' uwub ..,.
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
I SOLICITATION NO.:
SpFCTAT. TERMS AND CONDI'flON S ( M;;;;; s; K;; l;;+; i" w 1
( 602) 542- 551 1
A5- 0088
contract.
I
C o n f i d e n t i a l i t y of Records: The Contractor s h a l l e s t a b l i s h
and maintain procedures and controls t h a t a r e acceptable t o
t h e S t a t e f o r t h e purpose of assuring t h a t no information
contained i n its records o r obtained from t h e S t a t e or from
o t h e r s in c a r r y i n g o u t its functions under t h e contract
s h a l l be used by or disclosed by it, its agents, officers,
or employees, except a s required t o e f f i c i e n t l y perform
d u t i e s under t h e c o n t r a c t . Persons reqyesting such
information s h a l l be r e f e r r e d t o the S t a t e . Contractor also
agrees t h a t any information pertaining t o individual persons
s h a l l not be divulged other than t o employees or o f f i c e r s of
the Contractor as needed f o r the performance of d u t i e s under
t h e c o n t r a c t , unless otherwise agreed t o in w r i t i n g by the
7. A v a i l a b i l i t y of Funds f o r t h e Next Fiscal Year: Funds a r e
not presently a v a i l a b l e f o r performance under t h i s contract
beyond the current f i s c a l year. The S t a t e ' s o b l i g a t i o n f o r
performance of t h i s c o n t r a c t beyond t h i s f i s c a l year is
contingent upon t h e a v a i l a b i l i t y of funds from which payment
f o r contract purposes can be made. No l e g a l l i a b i l i t y on
t h e p a r t of t h e S t a t e f o r any payment may arise f o r
performance under t h i s contract beyond the current f i s c a l
year u n t i l funds a r e made a v a i l a b l e f o r performance of t h i s
State.
Key Personnel: It is e s s e n t i a l t h a t t h e Contractor provide
an adequate s t a f f of experienced personnel, capable of and
devoted t o t h e successful accomplishment of work t o be
performed under t h i s contract. The Contractor must assign
s p e c i f i c i n d i v i d u a l s t o t h e key positions. Once assigned t o
work under t h e c o n t r a c t , key personnel s h a l l not be removed
or replaced without the p r i o r written approval of t h e using
Agency.
Cancellation: The S t a t e reserves t h e r i g h t t o cancel the
whole or any p a r t of t h e contract due t o f a i l u r e of the
Contractor t o carry out any term, promise, o r condition of
t h e contract. The S t a t e w i l l issue a w r i t t e n ten ( 10) day
n o t i c e of d e f a u l t t o the Contractor f o r a c t i n g or f a i l i n g t o
a c t a s in any of t h e . following:
The Contractor provides personnel t h a t do not m e e t the
requirements of the contract.
The Contractor f a i l s t o perfom adequately t h e s e r v i c e s
required i n t h e c o n t r a c t .
The Contractor attempts t o impose on t h e S t a t e ,
personnel which a r e of an unacceptable quality.
The Contractor f a i l s t o furnish t h e r e q u i r e d p r o d u c t
within t h e time s t i p u l a t e d i n t h e contract.
7
The Contractor f a i l s t o make progress i n the
performance of t h e requirements of t h e contract and/ or
gives t h e S t a t e a positive i n d i c a t i o n t h a t the
Contractor w i l l not or cannot perform t o the
requirements of t h e contract.
- ----
SPECIAL TERMS AND CONDITIONS . E1X7^ 00^ W^ E^ S TTO WWAESRH ISNUGITEO Nlo '
PHOENIX. ARIZONA 85007
A5- 0088 ( 602) 542- 551 1
SOLICITATION NO.:
I f t h e Contractor does not correct t h e above problem( s)
within t e n ( 10) days a f t e r receiving t h e notice of d e f a u l t ,
t h e S t a t e may cancel t h e contract. If t h e State cancels t h e
c o n t r a c t pursuant t o t h i s clause, t h e S t a t e reserves a l l
r i g h t s or claims t o damage f o r breach of contract.
11. Insurance:
P r i o r t o commencing s e r v i c e s under t h i s c o n t r a c t , the
Contractor must furnish t h e S t a t e c e r t i f i c a t i o n from
i n s u r e r ( s ) f o r coverage i n the minimum amounts as s t a t e d
below. The coverage s h a l l be maintained in f u l l force and
e f f e c t during t h e term of t h i s contract and s h a l l not serve
t o l i m i t any l i a b i l i t i e s or any other Contractor
obligations.
General L i a b i l i t y including: Comprehensive Form, Premises
Operations, Contractual, and Personal Injury. Limits of
L i a b i l i t y minimum, each occurrence.
BODILY INSWRY
Per Person
Each Occurrence
PROPERTY DAMAGE
. OR
BODILY INJURY & PROPERTY DAMAGE COMBINED $ 1,000,000
WORKMEN'S COMPENSATION AND EMPLOYER'S
LIABILITY- STATUTORY ( EACH ACCIDENTL $ 100,000
SPECLAI; TEKMS AND QUIYUI A l v ~ r a -
1700 WEST WASHINGTON
PHOENIX ARIZONA 85007
S t a t e of Arizona, its Departments, ~ g e n c i e s , Boards and
Commissions must be added as additional insured as required
by s t a t u t e , c o n t r a c t or other request. It is agreed t h a t
any insurance a v a i l a b l e t o the Contractor s h a l l be primary
of o t h e r sources t h a t may be available.
A5- 0088
SOLICITATION NO.:
It is f u r t h e r agreed t h a t no policy s h a l l expire, be
cancelled o r m a t e r i a l l y changed t o a f f e c t t h e coverage
a v a i l a b l e t o t h e S t a t e without t h i r t y ( 30) days written
n o t i c e t o t h e S t a t e . THE INSURANCE CERTIFICATE IS NOT VALID
UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE
INSURANCE COMPANY.
- ( 602) 542- 551 1
Within f i f t e e n ( 15) days following n o t i f i c a t i o n of award,
c e r t i f i c a t e s of insurance must be submitted t o t h e S t a t e
Procurement Office, c l e a r l y s t a t i n g the applicable contract
number, e f f e c t i v e d a t e ( s ) of coverage, and l i m i t s of
l i a b i l i t y required pursuant t o the contract.
12. Termination: The S t a t e Procurement O f f i c e r e s e r v e s the
r i g h t t o terminate the contract a t any t i m e , f o r the
convenience of t h e S t a t e of Arizona, without penalty or
recourse, by giving w r i t t e n notice t o the c o n t r a c t o r a t
l e a s t t h i r t y ( 30) days p r i o r t o t h e e f f e c t i v e date of such
termination. I n t h e event of termination pursuant t o t h i s
paragraph, a l l documents, data, and r e p o r t s prepared by t h e
I c o n t r a c t o r under t h e contract s h a l l , a t t h e option of the
1 S t a t e Procurement Office, become property of t h e S t a t e of
Arizona. The c o n t r a c t o r s h a l l be e n t i t l e d t o receive j u s t
and equitable compensation f o r t h a t work completed p r i o r t o
t h e e f f e c t i v e d a t e of termination.
. . . . . . . . . . . . . . . . . .. . . . . . ','. '. . -. . ." ---.--'- c
. . . , . ' , i ' . I.,' ' ", 1. ( /. , I - .,,. t 1, . - I , , . / I
I
I iI
I
SPO Form 205 ( 1& 82) 13 of 29
SPECIAL TERMS AND CONDITIONS utLuHvt luwcn wuG
1703 WEST WASHINGTON
PHOENIX ARIZONA 8W7
A5- 0088 SOLICITATION NO.:
Amendments: Any change in the contract including the Scope
of Work described herein, whether by modification or
supplementation, must be accomplished by a formal contract
amendment signed and approved by and between the duly
authorized representatives of the contractor and the State
Procurement Office of the State of Arizona. Any such
amendment shall specify an effective date, any increases or
decreases in the amount of the contractors' compensation if
applicable and entitled as an 81Amendment8ta, nd signed by the
parties identified in the preceding sentence. The
contractor expressly and explicitly understands and agrees
that no other method and/ or no other document, including
correspondence, acts, and oral communications by or from any
person, shall be used or construed as an amendment or
modification or supplementation to the contract.
14. Suspension or Debarment Status: If the firm, business or
person submitting this bid or offer has been debarred,
suspended or otherwise lawfully precluded from participating
in any public procurement activity with any Federal, State
or Local Government, the bidder or offeror must include a
letter with its bid or offer setting forth the name and
address of the governmental unit, the effective date of the
suspension or debarment, the duration of the suspension or
debarment, and the relevant circumstances relating to the
suspension or debarment. Failure to supply the letter or to
disclose in the letter all pertinent information regarding a
suspension or debarment shall result in rejection of the bid
or offer or cancellation of a contract. The State also may
exercise any other remedy available by law.
15. Suspension or Debarment certification: By signing the offer
section of the Offer and Acceptance page, SPO Form 203, the
bidder or offeror certifies that the fiim, business or
person submitting the bid or oiier h-; not hnen debarred?
suspended or otherwise lawfully precluded from participating
in any public procurement activity with any Federal, State
or Local Government. Signing the offer section without
disclosing all pertinent information about a debarment or
suspension shall result in rejection of the bid or offer or
cancellation of a contract. The State also may exercise any
other remedy available by law.
SPO Form 205 ( 1592) 14 of 29
16. The Contractor shall comply with the Americans With
isa abilities Act of 1990 ( public Law 101- 336) and the
Arizona Disability Act of 1992 ( A. R. S. 41- 1492 et. seq.),
which prohibits discrimination on the basis of physical or
mental disabilities in delivering contract senrices or in
the employment, or advancement in employment of qualified
individuals.
I
People with disabilities may request special accommodations
such as interpreters, alternative formats, or assistance
with physical accessibility. Requests for special
accommodations must be made within 72 hours prior notice.
If you require special accommodations, please contact the
individual listed on the front page of this document.
SPECm TEXLMS AND CONDITIONS ' aE1C7U0T01 WvEE ST WASHINGTON
PHOENIX ARIZONA 85007
17. Non- Exclusive Contract: The State shall have the right to
go outside of the contract to obtain similar goods or
services from another source when necessary to meet the
requirements of using agencies. An Off- Contract Purchase
Authorization ( SPO Form 150) may be approved only by the
State Procurement Administrator when it is determined that
contracted items do not meet the requirements of the using
agency. Any off- contract procurement shall be done in
accordance with the Arizona Procurement Code.
A5- 0088
SOLICITATION NO.:
18. Disputes: The contract is not subject to arbitration. The
State and the contractor shall meet to discuss and attempt
to resolve any dispute. However, should the dispute go
unresolved to the satisfaction of both parties, the
contractor shall have the right to pursue the Arizona
Procurement Code/ Administrative Appeal Process for claims,
prior to an appeal to the judicial system.
( 602) 542- 551 1
SPO Form 205 ( 1& 02\
PART FOUR
Sk'tCIHL L I Y 3 l n ~ ~ r r u r . u - - - - -
1. OFFEROR1S CONTACTS:
REQUEST FOR PROPOSAL NO.: A5- 0088
1.1 A l l questions regarding t h i s Request f o r Proposal,
including technical specifications, proposal process,
etc:, must be directed t o the Procurement S p e c i a l i s t a s
indicated on the f i r s t page of t h i s document.
t X t L ; U I I V t IvwCn, sullc IUl
1700 WEST WASHINGTON
PHOENIX ARIZONA 85007
( 602) 542- 551 1
1 . 2 Offerors may not contact the employees of the using
Agency concerning t h i s procurement while the proposal
and evaluation are i n process.
2. EVALUATION CRITERIA: Evaluation c r i t e r i a are l i s t e d i n the
r e l a t i v e order of importance. The award w i l l be made t o the
responsible o f f e r o r whose proposal is determined t o be the
most advantageous t o the State based on the following
c r i t e r i a :
2.2 Method of Approach ............................... 35%
2.3 Cost ............................................ 20%
3. PROPOSAL FORMAT: One ( 1) original and seven ( 7) copies of
each proposal should be submitted on the forms and i n the
format specified i n the RFP. The original copy of the
proposal should be c l e a r l y labeled nORIGINAL1l. The
material should be in sequence and related t o the RFP. The
S t a t e w i l l not provide any reimbursement f o r the cost of
developing or presenting proposals in response t o t h i s RFP.
Failure t o include the requested information may have a
negative impact on the evaluation of the o f f e r o r ' s proposal.
The proposal should include a t l e a s t the following
information:
3.1 Cost: The offeror must provide a firm, fixed
inclusive price for requirements s e t forth i n t h i s
Request f o r Proposal. A l l firm, fixed prices must be
shown on the Pricing Schedule of t h i s RFP which must be
completed, signed, and returned with the o f f e r o r ' s
proposal.
I
SPO Fum 212 ( 10- 82) 16 of 29 ' 1
I SPECIAL INSTRUCTIONS TO OFFERORS STATE PROCUREMENT OFPICE
MECUTIVE TOWER sum 101
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
I REQUEST FOR PROPOSAL NO. : A5- 0088 ( 602) 542- 551 1
3.2 Experience and Reliability of the Firm: The proposal
should contain' the following:
3.2.1 Experience and reliability of the offeror's
organization is considered in the evaluation
process. Therefore, the offeror is advised to
submit any information which documents
successful and reliable experience in past
performances, especially those performances
related to the requirements of this RFP.
Information on the of ferorl s related
experience. This should include specific
information on the type of services provided
and on the dates of performance.
A list of references. References should be
verifiable and should be able to comment on
the offeror1s related experience. The
offeror should submit four ( 4) similar- type
professional service references. This
information should be shown on the form
attached as Exhibit A to this proposal or in
a similar manner.
The propdsal may include any additional
information that reflects on the offerors's
ability to perform the required services.
3 . 3 Expertise and Reliabilit~ of Offeror's Key Personnel:
The proposal should contain the following:
3.3.1 The offeror should provide an organizational
chart showing the staffing and lines of
authority for the key personnel to be used in
the project. The relationship of the project
leader to management and to support personnel
should be clearly illustrated.
The offeror should provide a resume and data
related to previous work assignments as may
relate to this RFP for each of the key
personnel- to be assigned to the project.
Exhibit B is furnished for the offeror's
convenience in presenting such data.
I SYCLIWL . L 1 1 a ~ n u ~ r r w ~+ r uV -- - ------- I MEWTIVE TOWER SUrrE 101 I
3.3.3 The o f f e r o r should reflect t h e r e l a t i o n s h i p
between s p e c i f i c key personnel f o r which
resumes have been submitted and t h e s p e c i f i c
t a s k s o r assignments proposed i n t h e method
of approach t o accomplish t h e Scope of Work.
-
1700 WEST WASHINGTON
PHOENIX ARIZONA 85007
REQUEST FOR P ( 602) 542- 551 1
3.4 Method of Approach:
I
3.4.1 The o f f e r o r should present a proposed method
of s a t i s f y i n g t h e requirements of t h e Scope
of Work as s p e c i f i e d herein.
The o f f e r o r may u t i l i z e a w r i t t e n n a r r a t i v e
or any other printed technique t o demonstrate
h i s a b i l i t y t o s a t i s f y t h e Scope of Work. The
n a r r a t i v e should d e s c r i b e a l o g i c a l
progression of t a s k s and e f f o r t s s t a r t i n g
with the i n i t i a l s t e p s or t a s k s t o be
accomplished and continuing u n t i l a l l
proposed t a s k s a r e f u l l y described. The
language of the n a r r a t i v e should be
straightforward and limited t o f a c t s ,
s o l u t i o n s t o problems, and plans of proposed
a c t i o n . The usage of t e c h n i c a l language
should be minimized and used only t o describe
a t e c h n i c a l process. Exhibit C is attached
f o r the o f f e r o r ' s convenience i n p r e s e n t i n g a
n a r r a t i v e plan of a c t i o n .
4. DISCUSSIONS: In accordance with A. R. S. 541- 2534, a f t e r the
i n i t i a l r e c e i p t of proposals, discussions may be conducted
with o f f e r o r s who submit proposals determined t o be
reasonably s u s c e p t i b l e of being s e l e c t e d f o r award.
3.3.3 The d e s c r i p t i o n of t h e major milestones upon I
which the o f f e r o r and S t a t e Agency s h a l l
evaluate o f f e r o r ' s performance under t h i s
contract should include s h o r t d e s c r i p t i v e
t i t l e s in l i e u of d e s c r i p t i v e paragraphs.
Exhibit D is attached f o r t h e o f f e r o r ' s
convenience and should be e i t h e r u t i l i z e d f o r
t h i s purpose o r t h e o f f e r o r should u t i l i z e a
s i m i l a r method t o accomplish t h e same
objective.
I
I
5. D E F I N I T I O N OF KEY WORDS USED I N THE RFP:
SL) ECJ. AL J. luarnub- c~~..-- - - -
5.1 Shall, Must: Indicates a mandatory requirement.
Failure t o m e e t these mandatory requirements may r e s u l t
1 I
i n the r e j e c t i o n of a proposal as non- responsive.
Y \ L V W I I l b I V I I L I . wr..- .".
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
5.2 Should: Indicates something t h a t is recommended but
not mandatory. I f the offeror f a i l s t o provide
recommended information, the S t a t e may, a t its s o l e
option, ask the offeror t o provide the infomation or
evaluate the proposal without the information.
REQUEST FnD DDnDnCAT. NO. r A 5 - 0 0 8 8 ( 602) 542- 55 1 1 I
5.3 May: Indicates something t h a t is not mandatory but
permissible.
I ' I
19 of 29 6PO Form 212 ( 10- 82)
4
PART FIVE I
PRICING SCHEDULE, EXHIBITS AND ATTACHMENTS D
REOUEST FOR PROPOSAL NO.: A5- 0088 8
1
I
3
-
PRICING SCHEDULE STATE PROCUREMLNI UPFILL:
EXECUTIVE TOWER SUITE 101
1700 WEST WASHINGTON
PHOENIX ARIZONA 85007
REQUEST FOR PROPOSAL NO.: A5- 0088 ( 60 2) 542- 551 1
1. The offeror must s t a t e a firm, fixed Total Guaranteed - not- to
Exceed price for the t o t a l project.
$ Total Project
2. The offeror shall record below a finn, fixed price per hour
for each individual proposed by the contractor t o provide
service as specified by the contract.
NAME OF INDIVIDUAL JOB CLASSIFICATION PRICE PER HOUR
AUTHORIZED SIGNATURE DATE
1 SPO Frxm 212 ( 1082)
, RFP No. A5- 0088
OFFEROR'S EXPERIENCE
1. Contract T i t l e :
2. Contract Period: From To
3 . Geographic Area Served:
4. Scope of Work:
5. Reference : Company :
Individual/ Title:
City: State:
Telephone:
' RFP NO. A5- 0088 EXHIBIT
PERSONNEL STAFFING
STAFF MEMBER F
I ( TITLE)
l 3 ( NAME)
( TITLE)
( TITLE) k
1 ( TITLE)
-
BACKGROUND AND EXPERTISE OF PERSONNEL
* Attach a resume for each individual, plus a llbrief" of all
similar projects each individual has had actual " hands- on"
experience on.
' RFP NO. h5- 0088
NARRATIVE ON THE APPROACH TO THE SCOPE OF WORK
( Offerors should respond to the Scope of Work point bv voint by
numerical reference, a pert chart may be included.)
RFP No. A5- 0088
EXHIBIT D
SCHEDULE OF EVENTS
The Offeror should b r i e f l y describe each step of the schedule of
events i n h i s proposed plan of action t o accomplish the Scope of
Work i n a sequential manner identifying the specific assignment of
key personnel and the time required t o complete each step. This
form should be completed in addition t o the offeror's narrative
description of t h i s proposed plan of action.
PERSON
ASSIGNED
TIME
REQUIRED
STEP
NO.
*
SCHEDULE OF EVENTS
I
7 . CONTRACT AMENDMENTS:
T H I S COIJTRACT SHALL EE MODIFIED ONLY EY A WRITTEN CONTRACT AMENDMENT ( SPO FORM 2 1 7 ) SIGNED EY PERSO
DULY AUTHORIZED TO ENTER INTO CONTRACTS ON EEHALF OF THE STLTE AIJD THE CONTRACTOR. 3
1700 WEST WASHINGTON
PHOENIX, ARIZOI. IA 85007
( 602) 542- 551 1 I SOLICITATION NO.
VENDOR
!
8. PROVISIONS REOUIRED BY LAW:
EACH AND EVERY P R O V l S l O N OF LAW AND ANY CLAUSE REOUIRED BY LAW TO BE I N THE CONTRACT SHALL BE READ
ENFORCED AS THOUGH I T WERE INCLUDED HEREIN. AN0 1F THROUGH MISTAKE OR OTHERWISE ANY SUCH PROVlSlON
i NOT INSERTED. OR I S NOT CORRECTLY INSERTEO. THEN UPON THE APPLICATION OF EITHER PARTY THE COIJTRACT
SHALL FORTHWITH BE PHYSICALLY AMENDED TO MaKE SUCH INSERTION OR CORRECTION.
THE FOLLOWING TERMS AN0 CONDITIONS ARE AN E X P L I C I T PART OF THE S O L I C I T A T I O N AND ANY RESULTANT CONTRACT.
PAGE
OF
1. CERTIFICATION:
BY SIGNATURE IN THE OFFER SECTION OF THE OFFER AN0 ACCEPTANCE PAGE ( SPO FORM 203) BIDDER C E R T I F I E S :
A . THE SUBMISSION OF THE OFFER DID ' NOT INVOLVE COLLUSION OR OTHER ANTI- COMPETITIVE PRACTICES.
8 . THE BlOOER SHALL NOT D I S C R I M I N A T E AGAINST ANY EMPLOYEE. OR APPLICANT FOR EMPLOYMENT INVI OLATION OF
FEDERAL EXECUTIVE OROER 11246. STATE EXECUTIVE OROER 75.5 OR A. R. S. j 3 1 - 1 4 6 1 ET. SEO..
C. THE BlOOER HAS NOT GIVEN. OFFEREO TO GIVE. NOR INTENDS TO GIVE AT ANY TIME ' HEREAFTER ANY ECONOMIC
OPPORTUNITY, FUTURE EMPLOYMENT. G I F T . LOAN. GRATUITY. SPECIAL DISCOUNT. T R I P . FAVOR. OR SERVICE TO)
A PUBLIC SERVANT I N CONNECTION WITH THE SUBMITTEO OFFER. FAILURE TO PROVIDE A V A L I D SIGNATURE
AFFIRMING THE STIPULATIONS REOUIRED BY T H I S CLAUSE SHALL RESULT I N THE REdECTION OF THE OFFER.
SIGNING THE OFFER WITH A FALSE STATEMENT SHALL VOIO THE OFFER, ANY RESULTING CONTRACT AN0 MAY BE
SUGJECT TO LEGAL REMEDIES PROVIDED BY LAW.
0. THE BIDDER AGREES TO PROMOTE AND OFFER TO USING AGENCIES ONLY THOSE MATERIALS AND/ OR SERVICES AS
STATED I N AND ALLOWED FOR UNDER RESULTANT CONTRACT( S) AS STATE CONTRACT ITEMS. I
2 . GRATUITIES :
THE STATE MAY. BY WRITTEN NOTICE TO THE CONTRACTOR. CANCEL T H I S CONTRACT I F I T 1 5 FOUND BY THE STATE
THAT GRATUITIES. I N THE FORM OF ENTERTAINMENT. GIFTS OR OTHERWISE. WERE OFFERED OR GIVEN BY THE
CONTRACTOR OR ANY AGENT OR REPRESENTATIVE OF THE CONTRACTOR, TO ANY OFFICER OR EMPLOYEE OF THE STATE
WITH A VIEW TOWARD SECURING A CONTRACT. SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARDING.
I
EVENT THIS CONTRACT I S CANCELLED BY THE STATE PURSUCNT TO T H I S PROVISION. THE STATE SHALL BE
ENTITLED. I N A D D I T I O N TO ANY OTHER RIGHTS AND REMEDIES. TO RECOVER OR WITHHOLD FROM THE CONTRACTOR
THE AMOUNT OF THE GRATUITY. PAYING THE EXPENSE OF NORMAL BUSINESS MEALS WHICH ARE GENERALLY MADE
AVAILABLE TO ALL E L I G I B L E STATE GOVERNMENT CUSTOMERS SHALL NOT BE PROHIBITED BY T H I S PARAGRAPH.
3 . APPLICABLE LAW:
9. TERMINATION BY THE GOVERNOR:
THE STATE MAY CAIJCEL T H I S CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATIOIJ PURSUANT TO A. R. S. f 38- 5
I F ANY PERSON S I G N I F I C A N T L Y INVOLVED 1IJ I N I T I A T I N G . NEGOTIATING. SECURIIJG. DRAFTIIJG OR CREATING THE
COIJTRLCT ON BEHALF OF THE STATE 1 5 OR EECOMES. AT ANY TIME WHILE THE CO14TRACT OR AIJY EXTENSION OF T
COIJTRLCT I S I N EFFECT AN EMPLOYEE OF. OR A CONSULTLNT TO AIJY OTHER PARTY 7 0 T H I S CONTRACT WITH RESPE
7 0 THE SUBJECT MATTER OF THE CONTRACT. SUCH CANCELLATIOIJ SHALL BE EFFECTIVE WHEN WRITTEIJ IJOTiCE FR
THE GOVERNOR ! S RECEIVE0 BY THE PARTIES TO T H I S GOIJTRACT. UIJLESS THE IJOTICE S P E C I F I E S A LATER T I M E .
I
THIS CDNTRACT SHALL BE GOVERNED BY. AND THE STATE AND CONTRACTOR SHALL HAVE ALL REMEDIES AFFOROEO 1 EACH 3Y THE UNIFORM COMMERCIAL CODE. AS ADOPTED 1h' THE STATE OF ARIZONA. EXCEPT AS OTHERWISE PROVIDE
i I N THIS CONTRACT OR I N STATUTES PERTLJNING SPECIFICALLY TO THE STATE. THIS CONTRACT SHALL SE GOVERNE
6Y THE LAW OF THE STATE OF ARIZONA. AND SUITS PERTAINING TO T H I S CONTRCCT SHALL BE BROUGHT ONLY I N
FEDERAL OR STATE COURTS I N THE STATE OF ARIZONh.
4 ' ARIZONA PROCUREMENT CODE :
THE ARIZONA PROCUREMENT CODE ( 1.11.5. T I T L E 1 1 , CHAPTER 2 3 ) AN0 THE ARIZONA PROCUREMENT CODE RULES AN
i REGULATIONS ( A . C . R . R . T I T L E 2 . CHAPTER 7 ) . ARE A PART OF T H I S DOCUMENT AS I F FULLY SET FORTH HEREIN. I
5. LEGAL REMEOIES:
ALL CLAIMS AND CONTROVERSIES SHALL B E SUBJECT TO THE ARIZONA PROCUREMENT CODE j 41- 2611 E l . A L . .
6. CONTRACT:
THE CONTRACT SHALL EE BASED UPON THE S O L I C I T A T I O N ISSUE0 BY THE STATE AN0 THE OFFER SUBMiTTEO BY THE
I
I CONTRACTOR I N RESP0t: SE TO THE S O L I C I T A T I O N . THE OFFER SHALL SUESTANTIALLY CONFORM TO THE TERMS.
CDNOITIDNS. SPECIFICATIONS AN0 OTHER REOUIREMENTS SET FORTH W I T H I N THE TEXT OF THE S O L I C I T A T I O N . THE
I STCTE RESERVES THE RIGHT TO CLARIFY ANY CONTRACTUAL TERMS WITH THE COIJCURRENCE OF THE CONTRACTOR.
HOWEVER. ANY SUBSTANTIAL NON- CONFORMITY IN THE OFFER SHALL BE DEEMED NOIJ- RESPONSIVE AND THE OFFER
I
i REJECTED. THE CDNTRACT SHALL CONTAIN THE ENTIRE AGREEMENT EETWEEN THE STLTE OF ARIZONA AND THE
CONTRLCTOR RELATING TO T H I S REOUIREMENT AND SHALL PREVAIL OVER ANY AN0 ALL PREVlOUS AGREEMENTS.
CONTRACTS. PROPOSALS. NEGOTIATIONS. PURCHASE ORDERS OR MASTER AGREEMENTS I N ANY FORM. I
'. rU Form 102. h 106- 801 26 of 29
VENDOR
1 0 . S E V E R A B I L I T Y :
THE PROVISIONS OF T H I S CONTRACT ARE SEVERABLE TO THE EXTENT THAT ANY P R O V I S I O N OR A P P L I C A T I O N HELD TO '
BE I N V A L I D SHALL NOT AFFECT ANY OTHER P R O V I S I O N OR APPLICATION OF THE CONTRACT WHICH MAY REMAIN IN
EFFECT WITHOUT THE I N V A L I D P R O V I S I O N OR A P P L I C A T I O N .
1 1 . RELATIONSHIP OF P A R T I E S :
I T I S CLEARLY UNDERSTOOD THAT EACH PARTY SHALL ACT I N I T S I N D I V I D U A L CAPACITY AN0 NOT A S AN AGENT. I ELIPLOYEE. PARTNER. J O I N T VENTURER. OR ASSOCIATE OF THE OTHER. AN EMPLOYEE OR AGENT OF ONE PARTY SHALL
NOT BE DEEMED OR CONSTRUED TO BE THE EMPLOYEE OR AGENT OF THE OTHER PARTY FOR ANY PURPOSE WHATSOEVER.
THE CONTRACTOR I S ADVISED THAT TAXES OR SOCIAL SECURITY PAYMENTS SHALL NOT BE WITHHELD FROM A STATE
. PAYMENT ISSUED HEREUNDER AN0 THAT CONTRACTOR SHOULD MAKE ARRANGEMENTS TO DIRECTLY PAY SUCH EXPENSES.
I ! I F ANY.
12. INTERPRETATION - PAROL EVIDENCE:
T H I S CONTRACT I S INTENDED BY THE P A R T I E S AS A F I N A L EXPRESSION OF THEIR AGREEMENT AND I S INTENDED
LALUU I l . L I v. r LI 18 ---- c. m r m
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.
ALSO AS A COMPLETE AN0 EXCLUSIVE STATEMENT OF THE TERMS OF T H I S AGREEMENT. NO COURSE OF PRIOR I I DEALINGS BETWEEN THE P A R T I E S AN0 NO USAGE OF THE TRADE SHALL BE RELEVANT TO SUPPLEMENT OR E X P L A I N
ANY TERM USEO I N T H I S CONTRACT. ACCEPTANCE OR ACOUIESCENCE I N A COURSE OF PERFORMANCE RENDERED UNDER
T H I S CONTRACT SHALL NOT BE RELEVANT TO DETERMINE THE MEANING OF T H I S CONTRACT EVEN THOUGH THE
ACCEPTING OR ACOUIESCING PARTY HAS KNOWLEDGE OF THE. NATURE OF THE PERFORMANCE AND OPPORTUNITY TO
OGJECT. WHENEVER A TERM DEFINED BY THE ARIZONA PROCUREMENT COO€ I S USED I N T H I S CONTRACT. THE
D E F I N I T I O N CONTAINED I N THE CODE SHALL CONTROL.
!
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13. ASSIGNMENT - DELEGATION:
NO RIGHT OR INTEREST I N T H I S CONTRACT S H A L L B E ASSIGNED BY THE CONTRACTOR WITHOUT PRIOR WRITTEN
PERMISSION OF THE STATE, AND NO DELEGATION OF ANY DUTY OF CONTRACTOR SHALL BE MADE WITHOUT PRIOR
WRITTEN PERMISSION OF THE STATE. THE STATE SHALL NOT UNREASONABLY WITHHOLD APPROVAL AND SHALL NOTIFY i THE CONTRACTOR OF THE STATE'S P O S I T I O N W I T H I N 15 OAYS OF RECEIPT OF W R I T T E I N O T I C E B Y THE CONTRACTOR.
1 4 . SUBCONTRACTS:
I
NO SUBCONTRACT SHALL BE ENTERED INTO BY THE CONTRACTOR WITH ANY OTHER PARTY TO FURNISH ANY OF THE
M A T E R I A L . S E R V I C E OR CONSTRUCTION S P E C I F I E D H E R E I N WITHOUT THE ADVANCE WRITTEN APPROVAL OF THE STATE.
i
ALL SUBCONTRACTS SHALL COMPLY WITH FEDERAL AND STATE LAWS AN0 REGULATIONS WHICH ARE APPLlCABLE TO
I THE SERVICES COVERED BY THE SUBCONTRACT AND SHALL INCLUDE A L L THE TERMS AN0 CONUITIONS SET FORTH
HEREIN WHICH SHALL APPLY WITH EQUAL FORCE TO THE SUBCONTRACT. AS I F THE SUBCONTRACTOR WERE THE
CONTRACTOR REFERRED TO HEREIN. THE CONTRACTOR I S RESPONSIBLE FOR CONTRACT PERFORMANCE WHETHER OR
NOT SUBCONTRACTORS ARE USEO. THE STATE SHALL NOT UNREASONABLY WITHHOLD APPROVAL AN0 SHALL NOTIFY THE
CONTRACTOR OF THE STATE'S P O S I T I O N W I T H I N 15 DAYS OF RECEIPT OF WRITTEN NOTICE BY THE CONTRACTOR. 1
1 5 . RIGHTS AND REMEDIES:
NO P R O V I S I O N I N T H I S DOCUMENT OR I N THE VENDOR'S OFFER SHALL BE CONSTRUED. EXPRESSLY OR BY I M P L I C A T I O N ;
AS b WAIVER BY EITHER PARTY OF ANY E X I S T I N G OR FUTURE RIGHT AND/ OR REMEOY AVAILABLE BY LAW IN THE
8 EVENT OF ANY C L A I M OF DEFAULT OR BREACH OF CONTRACT. THE F A I L U R E OF EITHER PARTY TO I N S I S T UPON THE
STRICT PERFORMANCE OF ANY TERM OR CONOITION OF THE CONTRACT OR TO EXERCISE OR DELAY THE EXERCISE OF
ANY RIGHT OR REMEOY PROVIDED I N THE CONTRACT. OR BY LAW. OR THE ACCEPTANCE OF MATERIALS OR SERVICES.
OR THE PAYMENT FOR MATERIALS OR S E R V I C E S . S H A L L NOT RELEASE EITHER PARTY FROM ANY R E S P O N S I B I L I T I E S OR
OBLIGATIONS IMPOSED BY T H I S CONTRACT OR BY LAW. AN0 SHALL NOT BE OEEMEO A WAIVER OF ANY RlGHT OF u EITHER PARTY TO I N S I S T UPON THE S T R I C T PERFORMANCE OF THE CONTRACT.
1 6 . PROTESTS:
PROTESTS SHALL BE F I L E O . AN0 S H A L L B E RESOLVED. I N ACCORDANCE WITH A . R . S . T I T L E 41. CHAPTER 23.
I ARTICLE 9 AN0 A . C . R . R . R 2 - 7 - 9 0 1 THROUGH R 2 - 7 - 9 3 7 . A PROTEST SHALL BE I N WRITING AND SHALL BE F I L E O
WITH THE PURCHASING AGENCY ( PROCUREMENT O F F I C E R ) AN0 THE STATE PURCHASING ADMINISTRATOR. A PROTEST
OF A S O L I C I T A T I O N S H A L L B E RECEIVED AT THE PURCHASING AGENCY BEFORE THE S O L I C I T A T I O N OPENING DATE. A '
PROTEST OF A PROPOSED AWARO OR OF AN AWARO SHALL BE F I L E O W I T H I N TEN OAYS AFTER THE PROTESTER KNOWS OR
SHOULD HAVE KNOWN THE B A S I S OF THE PROTEST. A PROTEST SHALL INCLUDE: I A . THE IJnME. ADDRESS AN0 TELEPHONE NUMBER OF THE PROTESTER:
B . THE SIGNATURE OF THE PROTESTER OR I T S REPRESENTATIVE:
C. I O E N T I F I C A T I O N OF THE PURCHASING AGENCY AN0 THE S O L I C I T A T I O N OR CONTRACT NUMBER:
I 0. A D E T A I L E D STATEMENT OF THE LEGAL AN0 FACTUAL GROUNDS OF PROTEST INCLUDING COPIES OF RELEVANT
DOCUMENTS: AND
E . THE FORM OF R E L I E F REQUESTED.
17. WARRANT1 ES : I CONTRACTOR WARRANTS THAT ALL M A T E R I A L . S E R V I C E OR CONSTRUCTION DELIVERED UNDER T H I S CONTRACT SHALL
CONFORM TO THE S P E C I F I C A T I O N S OF T H I S CONTRACT. MERE RECEIPT OF SHIPMENT OF THE M A T E R I A L , SERVICE.
OR CONSTRUCTION S P E C I F I E D AN0 ANY I N S P E C T I O N I N C I D E N T A L THERETO BY THE STATE. SHALL NOT ALTER OR
AFFECT THE O B L I G A T I O N S OF THE CONTRACTOR OR THE RIGHTS OF THE STATE UNDER THE fOREGDING WARRANTIES.
AOOITJOtJbL WARRANTY REOUIREMENTS MAY BE S E T FORTH IN THIS DOCUMENT.
' 0 rornt 102- 0 107.0CI 27 of 29
LL
OF I ( 602) 542- 551 1
VENDOR
18. I N O E M N I F I C A T I O N :
CONTEACTOR SHALL INDEMNIFY. DEFEND. AN0 SAVE HARMLESS THE STATE. FROM ANY AN0 ALL CLAIMS. DEMANDS.
S U I T S . A C T I O N S . PROCEE3lNGS. LOSS. COST. AND DAMAGES OF EVERY K I N 0 AND OESCRIPTION, INCLUOING ANY
REASONAGLE ATTORNEYS' FEES AND/ OR L I T I G A T I O N EXPENSES. WHICH MAY BE BROUGHT OR MADE AGAINST OR
INCURRED BY THE STATE ON ACCOUNT OF LOSS OF OR DAhIACE TO ANY PROPERTY OR FOR I N J U R I E S TO OR DEATH
OF ANY PERSON. CAUSEO BY. AR1SING OUT OF. OR CONTRIBUTED T O . I N PART. BY REASONS OF ANY A C T . O M I S S I O N ,
PROFESSIONAL ERROR. F A U L T . M I S T A K E . d~ NEGLIGENCE OF THE CONTRACTOR. I T S EMPLOYEES. AGENTS,
REPRESENTATIVES. OR SUBCONTRACTORS. THEIR EMPLOYEES. AGENTS. 0R REPRESENTATIVIES I N CONNECTION W I T H
OR INCIDENTAL TO THE PERFORMANCE OF T H I S AGREEMENT. OF: A R I S I N G OUT OF WORKER'S COMPENSATION
CLAIMS. UNEMPLOYMENT COMPENSATION CLAIMS. 0R UNEMPLOYMENT D I S A B I L I T Y COLIPENSATION CLAIMS OF
EMPLOYEES OF THE CONTRACTOR AND/ OR I T S SUBCONTRACTORS OF: CLAIMS UNDER S I M I L A R SUCH LAWS OR
O B L I G A T I O N S . THE CONTRACTOR'S O B L I G A T I O N UNDER T H I S SECTION SHALL NOT EXTEND TO ANY L l A B I L I T Y
CAUSEO BY THE SOLE NEGLIGENCE OF THE STATE. OR I T S EhlPLOYEES.
19. OVERCHARGES BY ANTITRUST V I O L A T I O N S :
THE STATE M A I N T A I N S THAT. I N ACTUAL PRACTICE. OVERCHARGES RESULTING FROM A N T I T R U S T V I O L A T I O N S ARE
BORNE BY THE PURCHASER. THEREFORE. TO THE EXTENT PERMITTED BY LAW. THE CONTRACTOR HEREBY ASSIGNS TO
THE STATE ANY AND ALL CLAIMS FOR SUCH OVERCHARGES AS TO THE GOODS OR SERVICES USED TO F U L F I L L THE
CONTRACT.
2 0 . FORCE MAJEURE:
A . EXCEPT FOR PAYMENT OF SUMS DUE. NEITHER PARTY SHALL BE L I A B L E TO THE OTHER NOR DEEMED I N DEFAULT
UNDER T H I S CONTRACT I F AND TO THE EXTENT THAT SUCH PARTY'S PERFORMANCE OF T H I S CONTRACT 1 5
PREVENTED BY REASON OF FORCE MAJEURE. THE TERM ' FORCE MAJEURE* MEANS AN OCCURRENCE THAT I S BEYONO
THE CONTROL OF THC PARTY AFFECTED AND OCCURS WITHOUT I T S FAULT OR NEGLIGENCE. WITHOUT L I M I T I N G
THE FOREGOING, FOZCE MAJEURE INCLUDES ACTS OF GOO: ACTS OF THE P U B L I C ENEMY: WAR: RIOTS: S T R I K E S :
M O B I L I Z A T I O N : LABOR DISPUTES: C I V I L OISOR~ ER~: FIRE: FL000: LOCKOUTS: I NJUNCTIONS- INTERVENTION- ACTS.
OR F A I L U R E S OR REFUSAL TO ACT BY GOVERNMENT AUTHORITY: AND OTHER S I M I L A R OCCURRENCES BEYOND THE
CONTROL OF THE PARTY DECLARING FORCE MAJEURE WHICH SUCH PARTY I S UNABLE TO PREVENT BY EXERCISING
REASONABLE D I L I G E N C E . THE FORCE MLJEURE SHALL 6: DEEMED TO COMMENCE WHEN THE PARTY DECLARING
FORCE MAJEURE N O i I F I E S THE OTHER PARTY OF THE EXISTENCE OF THE FORCE MAJEURE & NO SHALL BE 06EMEO
TO CONTINUE AS LONG AS THE RESULTS OR EFFECTS OF THE FORCE MAJEURE PREVENT THE PARTY FROM RESUMING
PERFORMANCE IN ACCOROANCE WITH T H I S AGREEMENT.
FORCE MAJEURE SHCLL NOT INCLUDE T H f FOLLOWING OCCURRENCES:
1 . LLTE D E L I V E R Y OF EOUIPMENT OR h: ATERIALS CAUSED BY CONGESTION AT A MANUFACTURER'S PLANT OR
ELSEWHERE. OR AN OVERSOLO C O N D I T I O N OF THE MARKET.
i i
2 . LATE PERFORMANCE BY A SUSCONTRACTOR UNLESS THE DELAY A R I S E S OUT OF A FORCE MAJEURE OCCURRENCE
I N ACCOROANCE WITH T H I S FORCE MLJEURE TERM AND CONDITION. ANY OELAY OR FCILURE I N PERFORMANCE
BY E I T H E R PARTY HERETO SHALL NOT CONSTITUTE DEFAULT HEREUNDER OR G I V E R I S E TO ANY C L A I M FOR
OAMAGES OR LOSS OF A N T I C I P A T E D PROFITS I F , AND TO THE EXTENT THAT SUCH OELAY OR FAILURE I S
1
CAUSED BY FORCE MAJEURE. l i
0 . I F EITHER PARTY I S OELAYED AT ANY TIME I N THE PROGRESS OF THE WORK BY FORCE MAJEURE. THE OELAYED
PARTY SHALL NOTIFY THE OTHER PARTY IN W R I T I N G OF SUCH OELAY, AS SOON CS I S PRACTICAL. OF THE
COMMENCEMENT THEREOF AN0 SHALL SPECIFY THE CAUSES OF SUCH OELAY I N SUCH N O T I C E . SUCH NOTiCE SHALL
BE HAND D E L I V E R E D OR M A I L E D CERTIFIED- RETURN RECEIPT AND SHALL MAKE A S P E C I F I C REFERENCE TO T H I S
A R T I C L E . THEREBY I N V O K I N G I T S PROVISIONS. THE OELCYEO PARTY SHALL CAUSE SUCH DELAY TO CEASE AS
SOON AS PRACTICLELE AND SHALL NOTIFY THE OTHER PARTY IN W R I T I N G WHEN I T HCS DONE SO. THE TIME OF
COt/. PLETION SHALL EE EXTENDED BY CONTRLCT M O O I F l C A i l O N FOR A PERIOD OF T I M E EQUAL TO THE T I M E THAT
I
RESULTS OR EFFECTS OF SUCH OELAY PREVENT THE DELLYE0 PARTY FROM PERFORMING IN ACCORDANCE W I T H T H I S
CONTRACT. 8
2 1 . RIGHT TO ASSURANCE:
WHENEVER ONE PARTY TO T H l S CONTRACT I t 4 GOOD F A I T H HLS REASOIJ T O OUESTION THE OTHER PARTY'S I N T E N T TO
PERFORM. HE MAY DEMLN3 THAT THE OTHER PARTY G I V E A WRITTEN ASSURANCE OF T H I S I N T E N T TO PERFORM. IN
THE EVEIJT THAT A OEMLNO I S MADE AND NO WRITTEN ASSURANCE I S G I V E N W I T H I I J F I V E ( 5 ) DAYS. THE DEMANDING
PARTY MLY TREAT T H I S F A I L U R E AS AN A N T I C I P A T O R Y R E P U D I A T I O N OF THE CONTRACT.
I
22. RECORDS:
PURSULIJT TO P R O V I S I O N S OF T I T L E 35. CHLPTER 1 , ARTICLE 6 ARIZONA REVISED STATUTES 35- 214 AND I f 35- 215 EACH CONTRLCTOR SHALL R E T A I N . LNO SHALL CONTRACTUALLY REOUlRE EACH SUeCONTRACTOR TO R E T A I I J .
ALL e o o K s . ACCOUNTS. REPORTS. FILES AND OTHER RECORDS RELATING TO THE ACOUISITION AND PERFORMANCE OF
THE CONTRLCT FOR A PERIOD OF F I V E ( 5 ) YEARS AFTER THE COMPLETION OF THE COIJTRACT. ALL SUCH OOCUMENTS
SHALL eE SUBJECT TO IIJSPECTION AN0 AUOiT AT REASONLELE T I M E S . UPON REOUEST, A L E G I B L E COPY OF ANY OR
ALL SUCH DOCUMENTS SHALL BE PRODUCED A7 THE O F F I C E S OF THE AUDITOR GEIJERAL. THE ATTORNEY GEIJERAL. THE
STATE PURCHASING OFFICE OR ANY AGENCY OOItJG BUSIIJESS UIJDER T H l S CONTRACT.
23. A D V E R T I S I N G :
i
I
CONTRLCTOR SHALL 1401 LOVERTISE OR P U B L i S H INFORMATION CONCERlJlNG T H I S COIJTRACT. WlTHOUT PRIOR I
WR ITTEIJ COIJSENT OF THE S T A T E . THE STLTE SHALL NOT ~ UIJRE~. SOIJAI~ LY WITHHOLD PERILI~ SION.
I 27. T I T L E AN0 R I S K OF LOSS:
THE T I T L E AND R I S K OF LOSS OF MATERIAL OR SERVICE SHALL NOT PASS TO THE STATE U N T I L THE STATE
ACTUALLY RECEIVES THE MATERIAL OR SERVICE AT THE POINT OF DELIVERY, UNLESS OTHERWISE PROVIOEO W I T H I N
T H I S CONTRACT. i 28. NO REPLACEMENT OF DEFECTIVE TENOER:
EVERY TENOER OF MATERIALS MUST FULLY COMPLY WITH A L L PROVISIONS OF THIS CONTRACT. I F A TENDER I S
MADE WHICH DOES NOT FULLY CONFORM. T H I S SHALL CONSTITUTE A BREACH AN0 CONTRACTOR SHALL NOT HAVE THE I RIGHT TO SUBSTITUTE A CONFORMING TENDER. COMPLIANCE SHALL CONFORM TO THE CANCELLATION CLAUSE SET
FORTH WITHIN T H I S DOCUMENT.
-
29. DEFAULT I N ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH:
CONTRACTOR SHALL DELIVER CONFORMING MATERIALS I N EACH INSTALLMENT OR LOT OF T H I S CONTRACT AN0 MAY NOT
SUSSTITUTE NONCONFORMING MATERIALS. DELIVERY OF NONCONFORMING MATERIALS OR A DEFAULT OF ANY NATURE.
AT THE OPTION OF THE STATE, SHALL CONSTITUTE A BREACH OF THE CONTRACT AS A WHOLE. COMPLlANCE SHALL
CDNFORM TO THE CANCELLATION CLAUSE SET FORTH W I T H I N THIS DOCUMENT.
1700 WEST WASHINGTON
PHOENIX, ARIZONA 85007
( 602) 542- 551 1
SOLICITATION NO.
VENDOR
I 30. SHIPMENT UNDER RESERVATION PROHIBITED:
CONTRACTOR I S NOT AUTHORIZED TO S H I P MATERIALS UNDER RESERVATION AND NO TENOER OF A B I L L OF LADING
SHALL OPERATE AS A TENDER OF THE MATERIALS. COMPLIANCE SHALL CONFORM TO THE CANCELLATION CLAUSE SET
FORTH W I T H I N T H I S DOCUMENT.
24. RIGHT TO INSPECT PLANT:
THE STATE MAY. AT REASONABLE TIMES. AN0 AT THE STATE'S EXPENSE. INSPECT THE PLANT OR PLACE OF BUSINESS
OF A CONTRACTOR OR SUBCONTRACTOR WHICH I S RELATE0 TO THE PERFORMANCE OF ANY CONTRACT AS AWARDED OR I TO BE AWARDED. IN'ACCOROANCE WITH A. R. S. f 4 1 - 2 5 4 7 .
25. INSPECTION:
ALL MATERIAL. SERVICE OR CONSTRUCTION ARE SUBJECT TO FINAL INSPECTION AN0 ACCEPTANCE BY THE STATE. u MATERIAL, SERVICE OR CONSTRUCTION F A I L I N G TO CONFORM TO THE SPECIFICATIONS OF T H I S CONTRACT SHALL BE
HELD AT CONTRACTOR'S RISK AND MAY BE RETURNED TO THE CONTRACTOR. I F SO RETURNED. ALL COSTS ARE THE
RESPONSIBILITY OF THE CONTRACTOR. COMPLIANCE SHALL CONFORM TO THE CANCELLATION CLAUSE SET FORTH I N
THIS DOCUMENT.
26. EXCLUSIVE POSSESSION
ALL SERVICES. INFORMATION. COMPUTER PROGRAM ELEMENTS. REPORTS AND OTHER DELIVERABLES WHICH MAY 6E
CREATED UNDER T H I S CONTRACT ARE THE SOLE PROPERTY OF THE STATE OF ARIZONA AND SHALL NOT BE USED OR
RELEASED BY THE CONTRACTOR OR ANY OTHER PERSON EXCEPT WITH PRIOR WRITTEN PERMISSION OF THE STATE.
PAGE
. OF
3 31. L I E N S :
ALL GOODS. SERVICES AN0 OTHER OELIVERABLES SUPPLIED TO THE STATE UNDER T H I S CONTRACT SHALL BE FREE
OF ALL L I E N S OTHER THAN THE SECURITY INTEREST HELD BY THE CONTRACTOR U N T I L PAYMENT IN FULL I S MADE
I BY THE STATE. UPON REQUEST OF THE STATE. THE CONTRACTOR SHALL PROVIDE A FORMAL RELEASE OF ALL L I E N S .
32. PAYMENT:
A SEPARATE I N V O I C E SHALL BE ISSUED FOR EACH SHIPMENT OF MATERIAL OR SERVICE PERFORMED. AND NO PAYMENT
! SHALL BE ISSUED PRIOR TO RECEIPT OF MATERIAL. SERVICE OR CONSTRUCTION & NO CORRECT I N V O I C E . PAYMENT
I SHALL BE SUBJECT TO THE PROVISIONS OF T I T L E 35 OF THE ARIZONA REVISED STATUTES.
3 3 . LICENSES:
i CONTRACTOR SHALL M A I N T A I N I N CURRENT STATUS ALL FEDERAL. STATE. AN0 LOCAL LICENSES AND PERMITS REOUlRED
i FOR THE OPERATION OF THE BUSINESS CONDUCTED BY THE CONTRACTOR AS APPLICABLE TO T H I S CONTRACT. I! 3 4 . PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN STATE PERSONNEL:
ALL SPECIFICATIONS SHALL SEEK TO PROMOTE OVERALL ECONOMY FOR THE PURPOSES INTENDED AND ENCOURAGE
COMPETITION AND NOT BE UNDULY RESTRICTIVE I N SATISFYING THE STATE'S NEEDS I N ACCORDANCE WITH A. R. S.
36. PUBLIC RECORD:
ALL B I D S SUEMITTED I N RESPONSE TO T H I S I N V I T A T I O N SHALL BECOME THE PROPERTY OF THE STATE AIJO SHALL
: BECOME A MATTER OF P U e L l C RECORD AVAILABLE FOR REVIEW. SUESEOUENT TO THE AWARD IJOTIFICATIOIJ. AS I PROVIOEO FOR BY THE ARIZONA PROCUREMENT CODE.
I
I
Sp0 Form 101- D 107- 881 29 of 29
CHAPTER 23. ARTICLE 4 . NO PERSON PREPARING SPEClFICATIONS SHALL RECEIVE ANY DIRECT OR INDIRECT
BENEFIT FROM THE U T I L I Z A T I O N OF S P E C I F I C A T I O N S . OTHER THAN FEES P A I D FOR THE PREPARATION OF
SPECIFICATIONS ( A . C . R . R . R 2 - 7 - 4 1 1 ) .
5 3 . COST OF B I D PREPARATION:
THE STATE SHALL NOT REIMeURSE THE COST OF LIEVELDPING. PRESENTING OR PROVIDING ANY RESPONSE 10 T H I S
S O L l C I T A T l O N . OFFERS SUBMITTED FOR CONSIDERATION SHOULD BE PREPARED SIMPLY AND ECONOMICALLY,
PROVIDING ADEQUATE INFORMATION I N A STRAIGHTFORWARD & Nil CONCISE MANNER.
Appendix C
ARTZONA STATE LEGISLATURE
Jnter~ mM ee
Open to the Public
JOINT INTERIM STUDY COMMllTEE ON
THE NAFTA DATA LINK SYSTEM
DATE: Monday, December 18, 1995
TIME: 1: 00 p. m.
PLACE: Senate Hearing Room 2
AGENDA
Call to order
Review of the charge of the committee
Review of the awarding of the NAFTA data link contract
Report from the data link consultant
Public testimony and discussion of the report
Recommendations
Other business
Adjourn
Charlotte Frederick, Chairman
MEMBERS:
Senator Bee ( ex- officio)
Merle Baptiste
Carol Colombo
Jack Haenichen
JoeKennedy
Representative Conner ( ex- officio)
Ken Reuben
Mark Spencer
Trey Whiting
Charlotte Frederick, Chairman
cl
, lZlZ95
- + w~ Ptehpo hpyles mtcathl a dctcseasbsiliitbmiltst ym. aIyf yreoquu reesqtu rteraes aocncaobmlem aocdcaotmiomnso. d palteioasnes csounctha acst t ihnet eCrhpireeft eCmle, r akl'tse rOnfafitcivee a fto ( n6n02a) b 5, 4O2r - 3a0s3s2is. t* an ce
ARIZONA STATE LEGISLATURE
JOINT INTERIM STUDY COMMllTEE ON
THE NAFTA DATA LlNK SYSTEM
Minutes of Meeting
Monday, December 18,1995 - 1 : 00 p. m.
Senate Hearing Room 2
Members Presea Sm
Carol Colombo Teri Grier, House
Jack Haenichen Debbie Johnston, Senate
Joe Kennedy
Ken Reuben
Charlotte Frederick, Chairman - Senator Bee ( ex- officio)
Representative Conner ( ex- officio)
Merle Baptiste
Mark Spencer
Trey Whiting
The meeting was called to order at 1: 20 p. m. by Chairman Frederick and attendance was
noted. See attached sheet for other attendees.
REVIEW OF THE CHARGE OF THE COMMITT'EE
Teri Grier, House Research Analyst, explained the Joint Interim Study Committee on the
NAFTA data link system was established in Laws 1994, Chapter 193. The ten member
committee was appointed by the President of the Senate, the Speaker of the House of
I
Representatives and the Governor. Ms. Grier reviewed the duties of the Committee which
is contained in a document entitled ' Joint Interim Study Committee on the NAFTA Data
Link Systemn ( filed with original minutes).
I
REVIEW OF THE AWARDING OF THE NAFTA DATA LlNK CONTRACT I
Paul Berumen, Legislative Liaison for the Arizona Mexico Commission, explained a
subcommittee had been established for writing the request for and the scope of the data I
link system. Bids were taken and a contract awarded to Pickard & Murphy Inc. I
REPORT FROM THE DATA LlNK CONSULTANT
Bill Pickard, President, Pickard 8 Murphy Inc., gave a brief overhead presentation to
the Commrttee and distributed copies of the presentation to the members ( filed with original
I
I
JOINT INTERIM STUDY COMMITTEE ON
THE NAFTA DATA LINK SYSTEM
December 1 8, 1995
Page 3
Paul Berumen stated support for the report and in favor of moving forward to promote the
NAFTA DataLink.
RECOMMENDATIONS
Carol Colombo proposed the following recommendations:
1) Recommend that the Legislature make it a matter of State policy to
participate and promote private sector efforts to enhance the dissemination of trade
leads and trade related information through advanced information technology.
2) Specifically mandate that the Arizona Department of Commerce, the Arizona-
Mexico Commission and the Governor's Office of Telecommunications Policy
cooperate to the fullest extent of their authonty to promote the creation of a private
DataLink enterprise in the CANAMEX region and to establish the minimum
requirements of the system.
3) Encourage the State Libraries to work with the Department of Commerce, the
Arizona- Mexico Commission and the Governor's Office of Telecommunications
Policy to create and maintain certain components of the DataLink system developed
as part of the DataLink prototype.
4) Encourage other CANAMEX states to participate in the creation of the
DataLink system.
Mr. Haenichen stressed the need for an additional appropriation to the Department of
Commerce in order to cover costs associated with starting up DataLink.
Mr. Haenichen moved the recommendations made by Ms. Colombo. Motion
CARRIED by voice vote.
Without objection, the meeting was adjourned at 2: 15 p. m.
Respectfully submitted,
/ /"
.' / . i . / ,
- - I .- a_
Arlene Seagraves, Committee Secretary
( Tapes on file in the Office of the Secretary of the Senate)
Appendix D
Final Report
DataLink: A Virtual Trade Network
A Project of the CANAMEX Corridor
OLri 1 ,& I0 flowrs b h m - and hook t h m all up to the Intrnrtt '
Pickard 6 Murphy, Inc.
William Pidcard, Preston Hauck, Susan Golden, Scott Orange
November 15,1995
- Pickard & Murphv. Inc. 3213 st Alder street I
Seattle, Washington 981224314
( 206) 323- 5979 FAX ( 206) 8604877
~ n t e r kbp kkard@ Pkrurd- Murpbj nm
November 15,1995 I
Margie A. Emmermann
Policy Advisor for Mexico
Office of the Governor
State Capitol Building
1700 West Washington
Phoenix, Arizona 85007
Voice ( 602) 542- 1345
FAX ( 602) 542- 1411 I
Dear Ms. Emmennann, I -
We have completed the final draft document for the CANAMEX DataLink Project. The
revisions suggested by the ATIC team have been incorporated, and the project is now
complete. I
Thank you again for engaging us to complete this project. We enjoyed doing the work and
meeting the people, and we are very pleased with the final result. I
If you have any questions, please do not hesitate to call Rob Gilmore or me. I
Warm Regards,
William Pickard, Jr.
President
Enclosure
Final Report
DataLink: A Virtual Trade Network
A Project of the CANAMEX Corridor
' Irt 1W f l o w s b h m - and hook thnn all up to the lntenvt'
Pickard 6 Murphy, Inc.
William Pickard, Preston Hauck, Susan Golden, Scott Orange
November 15,1995
F;; Draft Final Report on the CANAMEX DataLink Project
. t- I
This document is copyright O 1995 Pickard & Murphy, Inc. All rights reserved.
Pickard & Murphy, Inc. grants the State of Arizona permission to reproduce this report in I
its entirety and distribute it within the State for its own use, with the following
requirement: Pickard & Murphy's copyright notice and this permission paragraph must be
included with each copy. Pickard & Murphy, Inc. grants the State of Arizona permission to
I
quote from this report with attribution. I
Table of Contents
1. EXECUTIVE SUMMARY ....,....,.... .. ........... . ..... . ..... ....... ..... ....... ..... ................... ..... . ..... .. .... . .... ... .... . ..... . .... 1
1.1 BACKGROUND ............................................................................................................................. 1 1.2 DATALINK DEFINlTION ................................................................................................................ 1
1.3 PROJECT SCOPE & APPROACH ....................................................................................................... 2 1.4 SLMMARY OF CONCLUSIONS. ....................................................................................................... 3 1.4.1 Mission & Focus ............................................................................................................. 3
1.4.2 Financial ....................................................................................................................... 3
1.4.3 Organizational ............................................................................................................... 4
1.4.4 Gwernmmtal ................................................................................................................ 5
1.4.5 Technical ..................................................................................................................... 5.
1.4.6 Philosophical ............................................................................................................... 7
IS FINAL STEPS ............................................................................................................................... 7
2 RECOMMENDATIONS ............................................................................................................................. 8
2.1 MISSION & FOCUS ....................................................................................................................... 8. 2.2 FINANCIAL ............................................................................................................................... ... 9
23 ORGANIZATIONAL ....................................................................................................................... 9
2.4 TECHNICAL ............................................................................................................................... . 9.
3. END- USER ISSUES ............................................................................................................................... 1.. 1
3.1 SATISFACTION WITH CURRENT INFORMATION SOURCES ............................................................. 11
32 INFORMATION OF ME GREATEST USE TO COMPANIES ............................................................. 11
3.3 USEFULNESS OF AN ELECTRONIC TRADE NETWORK ................................................................... 12
3.4 PREFERRED METHOD OF ACCESSlNC INFORMATION ................................................................. 12
35 CURRENT EQUJPMENT USAGE ................................................................................................... 1. 2
3.6 POTENTIAL FOR REVENUE GllrlERATION .................................................................................. 12
3.7 ADDITIONAL FINDINGS .............................................................................................................. 13
3.7.1 Awareness of SIC coda ............................................................................................... 13
3.7.2 Reliance on trade arsociatwns ...................................................................................... 1 3
3.7.3 Widespread acceptance of on- line services and the Internet ........................................... 13
3.7.4 Lork of trade leads ..................................................................................................... 13
3.75 lmportanu of wrd- of- mouth. ..................................................................................... 1. 4
3.7.6 Important trading plrtnrts with Arizona companies .................................................... 1. 4
3.8 CONCLUSIONS ............................................................................................................................ 14
3.8.1. User Perspective .......................................................................................................... 14
3.8.2 Pricing ......................................................................................................................... 14
3.83 Bencfits to Arizonn Companies .................................................................................... 2. 5
383.1. Acaeu to Trade Leads - ----, ,-,--,,,-,,, IS- ,,-,
3.831 A- s to better busmess mformation ---------,,--, 1 6- ,,--,,,,
3.833. Lower cost of rnfornut~ on remeval, - ,,,-,,,,--,,-,-, 1,6
3.83.4. Fasm amxss to red business information -,--,,,,,,,------ 16, -
3.835. Improve QuaLty" or S ales h Marketing -,--,,-,,---,--,--- 16 --
3.8.4 lndirat benefits from componhs' participation in Datalink
3dC1 RoMn lnvdwment Fmm Industry Organmtions -,.-.-.-.-- ..-,,,-.-.-.---.-.--- 16
3B. 42 Embmang New Technob es ,,,-,---,,-,,,,,,----- 1,6, ,,--
3.8.43 Better R. nnulg With ~ ~ r m a t i o n . - - . - - - . - ---.-.--.--.-.-.--.-.--.-.--.---..- I 6 3.8.4.4 Mom Awararsl Of lnrematronal Trade Issues- . ..- .- .-. .,...-...,....---...-.---------. 17
3A. 45 Improved Tdgomm- tlons lnfrastmcture ---,-,,,,--,,-,,-, 17
C O N - U S WORMATION ISSUES ..................................................................................................... 18
4.1 PROJECT SCOPE AND APPROACH TO DATABASE RESEARCH ........................................................ 18 4 2 DATABASES . U SEFUL BUT LIMITED ........................................................................................... 19 42.1 Diome Nuds ............................................................................................................. 19
4.2.2 77u Quality Of Infonnntion ........................................................................................ 21
4 3 GLOBAL INFORMATION SOURCES. .............................................................................................. 23
Final Report CANAMEX DataLink Project I
4.3.1 Mexico ........................................................................................................................ 2.6
43.1.1 Mexican Domestic Information Sources and &- Line D at, ab. ases ..-.. .. 2 0
432 Canada .................................................................................................................... 31
433 United States 32
4.4 EXPERTS
...............................................................................................................
............................................................................................................................... ..... 34
5 . ORGANIZATIONAYTECHNOLOGY ISSUES ..................... ............ ..... ...... ......................................... 35 I
5.1 LAYERS ............................................................................................................................... ...... 35
5.1 .1 The User layer .......................................................................................................... 3.5..
5.1.2 The " Association" laytr ............................................................................................... 3 5
5.13 The " Broker" layer ...................................................................................................... 35
5.1.4 The Content/ Snm'u provider layer 36
I
.............................................................................
52 POLICY ISSUES ..................................................................................................................... 36
53 COWSTENCE ............................................................................................................................ 37
5.4 COMPONENT TECHNOUXN 38
I
.......................................................................................................
Figure 1 - Three Dimensional System Requirements Matrix ....- -,---..-.-..-, ...---...---...- 38
Figure 2- T~ chnology k Policy Ma uk..,..--., .,., ,. OO. OOOO~ O.. O.... O.... .........-....-. -.. .. . O. OO. 4. 0
55 PHASES ............................................................................................................................... ...... 42
5.6 INFRASIXUCTURE 42
I
......................................................................................................................
5.7 INTERFACE ............................................................................................................................... 43
5.8 SCALING ............................................................................................................................... ..... 4
Figure 3 - A Four Server World --,--,-,-,, - ----,,,-------- ...-..--------... -. 44
5.8.1 Server lndexin Overload 45
I
............................................................................................
figure 4 - An El ght , S.,. e,. r,, v,, a,. World --- -. --.-.---.-.........-....... ...--.-.------ --- 4 5
5.8.2 Distributed Searching .................................................................................................. 46
figure 5 -- An Eight SBver 23950 World-.,,...-.-. . --. --..- .-. . -... -".-.....-- 4 6
I
5.83 Inder Brokering .......................................................................................................... 4 7
Figure 6 - An Eight Server World. with Brokers .-,-,-,- 47 5.9 DATALINK DATABASE ARCHmCnmE ...................................................................................... 47
5.10 DATALINKSYSlFM PROPOSAL 48
I
.................................................................................................
5.1 1 NETWORK INFRASrRUffURE. BANDWIDTH. AND REGULATORY ISSUES ................................... 48
5.11.1. Mexico ...................................................................................................................... 48
5.11.2 Canada 49
I ......................................................................................................................
5.1 1.3 United States ............................................................................................................. 49
5.12 REMOTE- PRINTERS - E- MAIL TO FAX TRANSLATION ................................................................! X
6. BUSINESS MODEL ......................................................................................................... 5 1
I
6.1 PROPOSED ELEMENTS OFTHE SERVICE .................................................................................... 51
6.1.1 Facilitation Organization Not Centralized Data S d c.. .......................................... 5. 1
6.13 Role of Trade Associations or ' Clusters' 52
I
.......................................................................
6.1.3 Role of Libraries and Other Public Sector Institutions .................................................... 5 2
62 ORCANUATlONAL MODEL & MlSSlON ....................................................................................... 53
63 WHO WILLB UILDr~ . W HO WILLR UN m 53
I .................................................................................
6.4 M A ~ ANGD AD MINI! TRATlON .......................................................................................... 53 65 INK> RMATION CENTER .............................................................................................................. 53
66 ALTERNATIVE ORGANIUTlON AND FUNDING MODELS ...................................................... 5 4
6.6.1 Business Modeis 55
I
...........................................................................................................
66.1 . 1 Model A . Public Sgtor Mod& . ......-- "- 55 66.12 Model B . P ubk/ Pn~ teSg tor Model .. -.-...,.--.-.-- a- -.-.......----.-. 3 5 66.13 Model C . R rvate/ Publu Sgtor Model- -..,,-. ..............,,, 5 5
6.6.1.4 Model D . R rblk E M ~ ~ ~. IR SIMI I& IF ~ d~ ng..--. ----.-..--.-...-.-.... --.----.. .- .- 3 6
I
66.15 Model E . P ubic haaow . Le hvateh t i o r., ~........ ........................... .....- 5 6
66.1.6 Model F . Marketplace -- --- ,- - -- 2 6
67 FEVANCING ............................................................................................................................... 56
6.7.1 Revenue Opportunities 57
I
.................................................................................................
6.73 Funding ....................................................................................................................... 58
6.7.3 Pricing ......................................................................................................................... 58
6.7.4 Proposed Full- Scmice Budget 61
I .......................................................................................
F v7 - B m eM~~ d eSlQn ario----.-..---....- 6666.- 666666.666666.66.6666........ . .. ... 2
- bmPj P~~ rpr6d. Murphy. lnc. Nmdcr 15. 1995' I
Final Report CANAMEX DataLink Project Page iii
Rgure 8 - D a W Annotated Two Year Budget . . ............................ 65 Figure 9 - DataLink Allocated & Phased Bud get. .-. .-. . 66
7 . LEGAL ISSUES ............................................................................................................................... ... 6 7
7.1 GOVERNMENT INFORMATION AND LICENSING .......................................................................... 6.7 7.2 UlPoRT/ D( PORT. TAX TREATMENTS. AND REGMTUTION ......................................................... 68
8. APPENDXX- DATALINK INTERACTIVE TRADE INFORMATION DIRECTORY ................................... 68
9 . APPENDD(- DEC-, WIDE- AREA ELECTRONIC SEARCH AND R- AL TECHNOLOGY ( Z39.50). ............................................................................................................................. 6 9
9.1 PROBLEMS WITH CURRENT INFRASTRUCTLTRE ........................................................................ 6 9
9.2 A BETTER APPROACH TO SEARCH AND REIWEVAL ................................................................. 70 93 A STANDARD THAT IS AVAILABLEN OW .2 39.50 ...................................................................... n
9.4 239.50 DI! XRIBUTED SEARCHING OVERVIEW ............................................................................. 7 1
9.4.1 Client Details ........................................................................................................ 7... 2.
9.4.2 Servers ........................................................................................................................ 72
9.4.3 The Protocol .............................................................................................................. 7 2
9.4.4 Searching a Database ................................................................................................ 7.. 3
95 ADVANTAGES OF Z 3 9 3S TANDARDIZATION ............................................................................ 73
9.5.1 Based on Open Standards ............................................................................................. 73
9.5.2 Scaleable to Large Numbers of Distributed Clients and Servers ..................................... 7 4
9.5.3 Scaleable to Small and Large Data Collections ............................................................ 7. 5
9.5.4 Access Restriction for Security .................................................................................. 7.. 5..
9.5.5 Accounting Information for Billing ............................................................................ 7 5
9.5.6 Flexibility to Adapt to Changing Needs ..................................................................... 7.. 5
9.6 IMPLEMENTING 239.50 SOLUTIONS. ........................................................................................... 75
9.6.1 WAIS .......................................................................................................................... 75
9.6.2 Client Solutions .......................................................................................................... 7.6
9.621 Native Clients, ,,, ..................................................... 7 6
9.622 23950 Gateways , -......... .................................... .. ......................... -- 7 6
9.6.3 Server Solutions ................................................................................................... 7. 6
9.63.1 Commercial 23950 and WAIS -,--,,,,,,-.....-.... ..,. --,-,.-,-- - ...----...-...--- 76
9632 Free 23950 and WAIS ,,.--,, ...,,-,.,---.----.----...---...- - -. ..---...---.-----.---- 7.6- -.
9.7 THE FUTURE OF 23950 ........................................................................................................ 7 6
9.8 RELATED DEVELOPMENTS. ....................................................................................................... n
10 . APPENDIX- DATABASE RESOURCES .................................................................................... 78
10.1 MWCO ............................................................................................................................... .... 78
102 CANADA ............................................................................................................................... .. 78
103 UNITED STATES .................................................................................................................. 78
10.4 TRAVEL & TOURISM ................................................................................................................. 78
11. APPLSDIX- LEGAL OPINION. SANTAMARINA Y STETA . ,.,.,.. .................. ..- .. . 7 9
12 APPE.! PIX-- AN DIDUSTRY INFORMATION CENTER ....................................................................... 80
13 . APPENDIX- USER SURVEY DETAILS ....................................................................................... 81
13.1 SURVEY SrATlmCAL RESULT4 & BAR GRAPHS .................................................................... 8 1
132 TOP ISSUES FACED IN BUSINESS ................................................................................................. 81
14. RECOMMENDED SYSTEh4 ARCHITECTURE.... ........... -.. ........................................................... & 4
15. SAMPLE CONFIGURATION AND COST OF OWNERSHIP MODEL. ............................. ,, . . .8 5
16 GLOSSARY OF COMMONLY USED TECHNICALTERMS .................................................................... 8. 6
Final Report CANAMEX DataLink Project Page v
1. EXECUTIVE SUMMARY
With the advent of NAFTA, Arizona State officials determined that there might be
significant advantages to be had from making aggressive use of on- line technology to
create and exploit international trade opportunities. The Arizona legislature appropriated
funds to study the feasibility of developing an on- line information service ( DataLink) to
link trade and investment related databases that could support trade throughout the
CANAMEX Trade Comdor ( which includes the provinces of British Columbia, and
Alberta, and the states of Washington, Oregon, Montana, Idaho, Utah, Nevada, Arizona,
Sonora, Sinaloa, Baja California, Jalisco, and Nayarit.) This investment was approved
because many people believe that an electronic trade enhancement system could be used to
increase trade flows within the CANAMEX region by enhancing the availability and access
of trade related information. This study bears out this belief.
In June of 1995, the Pacific Northwest Economic Region ( PNWER) and its primary
subcontractor, Pickard & Murphy, Lnc. was selected through a competitive process to
complete the study and publish its results. In addition, PNWER agreed to develop a
working prototype of the system as part of the feasibility study to demonstrate certain
aspects of how the concept might function. The purpose of the study is to provide guidance
to the legislature through the office of Telecommunications Policy and support groups
such as ATIC. This document is the Executive Summary of that study.
Our primary emphasis in this report is on DataLink as a trade development system. In the
RFP, DataLink was envisioned as both a system and a speafication for other systems, as
well as an organization. This report lays out possible options for the organization, but after
renewing out findings, the consensus of the ATIC advisory committee is that the
organizational elements of this report should be de- emphasized, and the private sector
encouraged to develop the necessary systems on their own. Existing State and Local
Government organizations such as the Arizona Department of Commerce or the State
Library system could take on the evangelism functions we recommend with regard to the
adoption of system spdications for private sector providers, and for the adoption of
electronic communications in general.
The DataLink trade development system focus should solely on the facilitation of trade
through the discovery, cataloging, and routing of trade related information such as trade
leads and databases about companies, government agencies, and industry focused
associations. It is more than just a fax- back trade leads distribution system. It is a
communication system that can be used by State agencies and private sector finns to
communicate interactively with Arizona businesses for many purposes. One of its
primw purposes would be the distribution of content like trade leads through a variety of
methods. These methods would include fax, voice mail, physical mail, and the various
elements of the Internet.
Final Report CANAMEX DataLink Project Page 2
DataLink is not designed to be a system for providing value added services such as customs
fonns processing, etc., but instead is a vehicle for assisting the providers of those services
to notify would- be customers of their existence, products, and services.
The intended users of the DataLink System are primarily members of the private sector
business community throughout the CANAMEX trade comdor and worldwide. Arizona
State funding would be limited to building the Arizona State databases. Other states would
build their own.
To complete the study, the team traveled to Mexico with Carol Colombo as a liaison from
Governor Symington's office to conduct the research necessary to understand the overall
system requirements, and make recommendations for a system, policies, and procedures
that would work across a broad spectrum of users in diverse geographic locations. We also
conducted over 100 telephone interviews, and attended meetings with Arizona firms,
committees, and offiaals, in Phoenix and Tucson.
We also researched a wide variety of databases and other on- line sources to collect the
information presented here on trade related data sources and on- line technology and
trends.
Finally, we built a working prototype of the DataLink system. The prototype includes two
elements: a WWW page containing the results of some of our research into trade related
data sources, and an operating, fax- based trade lead distribution system. Approximately 500
Arizona, Mexican, and Canadian firms are now receiving trade leads targeted to their
specific interests through the pilot program.
We divided the work into three major analysis tracks: user requirements, existing data
sources and trends, and technology requirements. Comments on early drafts of the study
have been useful in focusing the final product.
The final product includes:
- an analysis of business user issues, data or content issues, service issues,
technical issues, and financial or business issues relating to the development of
Da taLink. - a technical desaiption of the proposed system - a cost of ownership model for the proposed system - a working prototype of phase I of that system - a number of appendices providing detailed support for the findings,
conclusions, and recommendations of the study.
All of these materials can be found on the Internet at:
ftp:/ / ftp. halcyon. com/ local/ pickard/ CANAMEX
P- rd b Murphy, lnc. Nm~ mbfl1 5, 199g
Final Report CANAMEX DataLink Project
page I
Based on our study, we have come to the conclusion that there is a market for trade related
information and support services that a service such as DataLink can BU, provided they
I
can be easily shown to provide a direct and timely benefit to the businesses they are
designed to serve. While other types of services such as collections of links, and
information may be useful and advertisers may find them to be worth supporting, few if
1
any businesses will pay money to access that kind of content. Therefore we believe that a
trade lead distribution system, such as the CATALIST prototype developed and piloted for
Arizona as part of this project, would provide Arizona companies and others with access
I
to it with a significant competitive advantage in developing business. An initiative that is
begun in the public sector with private sector involvement is an appropriate vehicle to
jump- start the project. Other conclusions include:
I
7.4.1 Mission & Focus
DataLink's focus should be solely on the facilitation of trade through the discovery, I
cataloging, and routing of trade related information such as trade leads and databases about
companies, government agencies, and industry focused associations. I
DataLink should not get into the business of providing value added services such as
customs fonns processing, etc., but instead should encourage the private sector to aeate
those types of services. I
1.4.2 Financial
It will cost very little for the State of m n ato capitalize on the recommendations
included in this report, and the benefits can be considerable. Capital and operating funds
of approximately SMM would be required to develop the entire infrastructure requested
by the RFP and described in this report. However, we must stress that most if not all of
these funds will be provided by the private sector, and the key parts of the system already
exist.
I
The highest priority item, the trade leads distibution system, has essentially already built
by W E R and it is operating and providing trade leads to Arizona companies now. Early
I
reports are very positive. In addition, h s same system is also serving a sample of
Sonoran firms as well. To roll it out Statewide - in both Sonora and Arizona, it needs only
the addition of A) an enhanced database of target lead receiving companies ( with a focus
C
on the key dusters), and 8) additional work on developing enhanced sources of trade leads
for those companies. Based on the CATALIST work in developing its own database, we
believe this work can be accomplished for approximately $ 45,000 to $ 120,000 depending
8
upon the number of companies included in the State database or target recipients.
No " canned" databases exist that can meet the need identified without a good deal of
maintenance. Raw data from firms like Dun 61 Bradstreet can be acquired for
approximately 9.35 per record, but commercial databases like these come with only 4 digit
P h r d & Murphy, Inc. No~ crnbm 15, 1995 )
Final Report CANAMEX DataLink Project Page 4
classification codes, and approximately 35% to 40% of such data is incomplete or incorrect.
To work correctly the database should have at least an 8 digit classification code, as well as
relevant key words, and harmonized tariff codes if possible. A trade leads provider would
need to develop and code an accurate Company database, and then line up relevant leads
to match up with the profiles of the selected firms. Given Arizona's desire for closer
relationships with Alberta and Sonora, for example, content from these two locations
would be a high priority as well, and it will need to be developed.
The construction of DataLink should be executed by private sector firms with a financial
stake in a successful outcome. Any State funding should be targeted at assisting in the
rapid development of the database, and in underwriting the initial distribution of
summary lead information to companies. This would fall under the " evangelism" and
education initiatives discussed elsewhere in this report.
Users will pay for information if it is perceived to add value to their businesses. Smaller
businesses are more skeptical than larger businesses, and qualified trade leads are the most
usefd information. By distributing the initial lead summaries at no charge to smaller
companies, they can see the value of possibly paying for a complete package.
The scope of this report did not included detailed market research as to the amount
companies would be willing to pay for leads in terms of subscription prices, transaction
costs or other information. We do have anecdotal data however regarding the Open
Bidding System ( OBS) in Canada, a new venture sponsored by Dun & Bradstreet known as
IBEX, as well as a market research report from a Seattle based advertising finn, Parallel
Communications, that develops strategies for services such as Prodigy and the Microsoft
Network. The OBS charges a fee of $ 300+ per year, plus connection charges, plus download
fees. IBEX also has a subscription fee of $ 250 per year, plus transaction fees for every lead
sent, plus a percentage of the gross of any deals consummated. Parallel, in a confidential
report to their client who shared the conclusion with us, believes that lead distribution
services such as those envisioned for DataLink could easily command subsaiption fees of
5400 to SO0 per year.
Thus, there are a number of revenue producing or cost sharing strategies available to the
developers of DataLink. These include fees for on- demand information, subscriptions for
the receipt of trade leads, on- line advertising, and several others. An ATIC committee is
studylng the market for such a system in Arizona, and will be providing the Governor's
Telecommunications Taskforce with its results concurrently with the publication of this
report. f i s information should be included in the RFP that solicits bidders from the
pnvate sector to develop the DataLink trade leads distribution system.
1.4 3 Organizational
Because of the virtual nature of an information network, if the concept is successful over
time the CANAMEX borders will expand geographically. For this reason the
organizational structure must remain flexible enough to accommodate growth, but the
mission must remain focused so that investment and energy are directed in the most
productive directions. For the same reasons, the technology employed must remain close
O 1995 P h r d 6 Murphy, inc. Noormbn 15, 1995
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to the open, standards- based trends supporting the growth of the Internet.
DataLink should advocate the development of Industry Information Centers. In so far as
possible, these centers should be developed and staffed by personnel from the Trade
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Associations or similar groups, or by existing libraries and library personnel through a
competitive process.
DataLink should not become a centralized repository of information, but rather an on- line
and staffed information service designed to direct users to existing repositories of
information that are maintained by separate, independent groups with the budget, time,
and motivation to maintain them.
DataLink should, in particular, cooperate with trade associations. By working through
industry specific groups such as the GSPED clusters, more focused and valuable
information will flow to businesses that need it.
If implemented as recommended here, the DataLink concept will drive the creation of
both an organization and a system. The organization should remain small, and be
modeled after a technology trade association.
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This project should be moved forward rapidly by a small, full time staff, with a minimal
investment in public funds. It should be kept inexpensive and market driven.
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Arizona will reap benefits from the DataLink investment by implementing it quickly, and
worlung with Arizona companies to develop services and use the systems to gain a I
competitive advantage. In the coming ( partially) virtual world, physical location will be
less important than an understanding of how the information infrastructure can be
engineered into a company's operations to improve customer service, increase speed to J
market, lower costs, and enable new, previously unexploited products and services. I
The role for the State of Arizona is as an advocate for the adoption by all Arizona
businesses of on- line communication as best represented by Internet e- mail and the World
Wide Web. The legislature should make all Arizona government communications
proactive through the maintenance of list servers, WWW servers and FAX servers. The
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state should encourage Internet access providers to implement remote- printer servers in
every local calling area in the state. I
1.45 Technical
The existing on- line infrastructure as offered by the typical Internet access provider is
inadequate to support the growth of business transactions that will be generated by
Datahnk and similar systems. The successful provider will need an integrated telephone,
Internet, and database infrastructure capable of supporting a high volume of transactions.
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Datahnk should be developed and operated by private sector contractors with a stake in m
Final M o r t CANAMEX DatdLink Roiect Pane 6
the success of the system, and it should be housed in a very high speed, reliable network
operations center designed to accommodate the growth in on- line traffic that will occur
over the next two years.
The centralized approach to database collection, maintenance and management will not
work in the future. The worldwide growth in numbers of databases, database sizes,
servers, and users precludes a centralized approach. A decentralized approach that places
responsibility for content under the control of the creators and maintainers of content is
the only practical method for keeping that content fresh and accurate.
The technologies employed by DataLink should be based on open standards. The study
team concluded that the DataLink should make use of and aggressively advocate for others
to use a distributed database searching, indexing, and sharing architecture that facilitates
the use of remote servers, and automated information " brokers". We concluded that the
239.50 protocol would be a superior implementation standard for this project.
The optimal " user interface" to the DataLink system is the interface preferred by
individual users. The system must be capable of accommodating a diverse user base made
up of users in Canada, the U. S., and Mexico, with different language requirements and
different levels of technology. Interface technologies ranging from telephone, to fax, to
dial- up terminal- host connections, to commercial on- line services, to the Internet must be
accommodated.
Users, not service providers, should have the option of specifying how they wish to
communicate with the system. Although many users could barely comprehend the
proposed system or see its potential to improve their businesses, after discussing the
system with them, most conclude that it makes sense for their business.
The system requires both proactive components ( such as " narrowcast" fax or e- mail to
deliver trade leads and other messages directly to businesses based on their profiles), and
passive components such as on- line bulletin boards, WWW pages, or fax on demand
svstems that sit passively and rely on users to take the initiative to access them. Proactive
dlstibution requires the maintenance of business profile databases, and accurate coding of
leads based on standard business classification schemes to avoid distributing what might be
perceived as unqualified leads or junk mail. The proactive fax component - while more
costly to produce and operate - is the most effective way to reach " non- wired" businesses
because it delivers useful information to them in a form they are comfortable with. Also,
it smply amves with no action required on their part.
Remoteprinter servers ( email to fax translation) are an important technology in bringing
less sophisticated users into the on- line world, and equalizing the differences between
mral and urban businesses relative to the use of on- line services.
The quality and reliability of much of the information found on- line is suspect. Much of
the data is out of date, incorrect. or disorganized. Commercial services carry high prices,
but may be better values. The best method of insuring cost effective, quality data, may be to
create Industry Information Centers within Trade Assodations or other communities of
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interest, and then link these together via the Internet, WWW, and 239.50.
1.4.6 Philosophical 1
Let 1,000 flowers bloom - and hook them all up to the Internet. Some will die, some will
mutate into mighty oaks, some will just be flowers - but lots will happen. I
By this we mean that the State should encourage experimentation, but stress adherence to
communication standards. Encourage Arizona companies to " get wired", but give them
economic and business reasons to do it - not hyper- fluff. The state should encourage
competition between providers, avoid " exclusive deals" for content, and encourage
deregulation in the telecommunications industry.
1.5 FINAL STEPS
The prototype lead distribution system will continue to operate at no further charge to the
participants until December 31,1995, and the WWW pages will be hosted on Pickard &
Murphy's WWW site until that time. 8
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Final Report CANAMEX DataLink Project Page 8
We recommend the following course of action:
The Arizona legislature should provide seed capital only for the development of the
DataLink database within Arizona, and allow the bulk of the financing for any further
initiatives to come from the private sector. The next phase should be initiated and
organized by the private sector and managed by the private sector in the same way the
GSPED efforts have been to date. We recommend that ATIC form a DataLink steering
committee to manage the work in this area, and report to the governor and legislature on
their progress. The scope of work of the next phase should include developing a detailed,
profiled database of Arizona companies, so that the distribution of trade leads can continue
on and expand from the pilot project. As part of this project, a contractor should be
selected to cany out the proactive as well as passive distribution of trade opportunities and
other information deemed to be important by the project committee. The other part of the
scope of work should include a detailed marketing or " evangelism" plan to assist Arizona
companies with recognizing and realizing the benefits of on- line communications and
informa tion.
The other elements desaibed in this report should be included in an RFP process designed
to select the database provider, but as this report points out, many private sector finns will
provide most of the identified services on a fee or other basis anyway with little or no
input from Arizona. What they need is encouragement or education about the existence
of studies such as this one, and knowledge of existing demand. The focus of the RFP and
the contractor should be limited to the facilitation of trade through the discovery,
catalogng, and routing of trade related information such as trade leads and databases about
companies, government agenaes, and industry focused associations. The ATIC working
committee dedicated to DataLink should focus on being an advocate for the adoption of
on- line communication and commerce in Arizona. It can also inform other States and
Provinces within the CANAMEX trade comdor of the benefits of DataLink, and influence
them to extend the model to their tenitory as well.
As opportunities emerge for DataLink to expand its scope of services, those opportunities
should be documented and publicized through DataLink so that they can be implemented
by pnvate seaor firms in competition with one another.
In developing the plans for the implementation of DataLink, designers should establish
spedic policy goals to be achieved for the benefit of Arizona businesses. There should also
be a periodic reporting mechanism, and review process established as part of the funding
initiative.
In addition to providing seed capital to develop the initial DataLink databases, the
legislature should support an aggressive program to integrate the use of on- line services
into all aspects of government. Such a program should result in deaeased costs, and an
improved level of public service. This program should be used as a model, along with
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Final Report CANAMEX DataLink Project 1 -
successful private sector initiatives to promote the benefits of on- line information and
electronic commerce. This last factor is a " hidden" benefit of the program. Through a
proactive system tied to a detailed database, such as described in the report, the
government sector can reach out quickly to its constituents and deliver information to
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them. Because the service would not be provided by the public sector but would instead
deliver public information to the private sector, it could be done quickly and efficiently. 1
DataLink should be designed like any private sector venture to operate at a profit. While
some senices may be made available at low or no cost, in aggregate DataLink should be
required to show an operating profit and reasonable return on investment by the third
year of its operation. The State " seed" capital should be accounted for as if it were a
venture capital investment, and if DataLink is sold to a private sector finn - as we expect it
should be, then the State should receive an equity return as any other investor.
Adopt model B ( below), and hire the Executive Director. Make the Director responsible for
carrying out the next phase of the plan, including the recruitment of private sector
partners, setting milestones, developing industry association contacts, recruiting
volunteers, etc. Design the job to be as entrepreneurial as possible so that DataLink never
develops the feel of a public agency. The director should be bilingual ( English and
Spanish), and an experienced technical organization person, with a track record for
building coalitions, and raising money. The director should be comfortable with and have
a good understanding of telecommunications, databases, and other forms of computing
and on- line technology. The right person is more important than the right budget. If the
budget roughed out here needs to be adjusted to hire the right manager, then it should be.
R e m i t other CANAMEX states including Mexican states to participate in this process,
share costs, and support the distributed architecture. Encourage private sector firms
throughout the comdor to adopt this model, and link the systems together.
Build on the contacts established by this project team to expand Arizona's economic and
business links in Mexico though the use of DataLink. Focus on developing relationships
between trade assodations and financial institutions, and building the electronic links
between these groups.
Adopt the open standards, decentralized, 239.50 flexible database model advocated here.
Require that the NOC provider meet or exceed the technical specifications, and develop
content storage and de.: very systems for the physical DataLink system that enable all forms
of interface described here including voice processing, fax- on- demand, narrowcast fax and
e- mail, list servers, ftp, WMrW, and other appropriate technologies. Find a partner who is
open minded but knowledgeable about this approach, and willing to finance its
development in return for a 5 year exclusive right to operate it on behalf of DataLink.
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Final Report CANAMEX DataLink Project Page 10
Require strict adherence to the distributed model so that the system remains open and
accessible in the future. Use the exclusive access to all State content including