Commercial Off-the-Shelf Software 2012 (COTS 2012): Functional Areas

Functional Area I - COTS Software

Master Contractors shall provide COTS software, in accordance with the guidelines provided hereunder. Master Contractors may add Manufacturer Product Lines periodically throughout the term of the Master Contract in accordance with the terms of Section 2.7 of the COTS Software 2012 RFP. This includes software licenses which grant the Requesting Agency the right to run or access the purchased software program within the terms and conditions of the license agreement.

All cloud based software solutions including but not limited to Software-as-a-service (SaaS), Platform-as-a-service (PaaS), Infrastructure-as-a-Service (IaaS), or any other cloud hosted software solution is EXCLUDED from the Commercial Off-the-Shelf Software (COTS); Master Contract BPO # 060B2490021.

The COTS contract is NOT the appropriate contract vehicle for purchasing cloud based software.  The COTS contract does not contain the appropriate scope, functional areas and flow-down provisions for cloud based software products and services. State agencies are responsible for verification with their internal customers that the solution being purchased is COTS and not a cloud based solution prior to issuing any PORFP.

Functional Area II - Installation and Training Services

Installation and/or Training services may only be purchased when purchasing COTS software under Functional Area I – COTS Software or Functional Area III – Manufacturer’s Software Maintenance. Functional Area II services may not be purchased alone. In addition, Functional Area II services may not exceed 49% of the total value of the PORFP. Installation services required separately from the purchase of COTS software must be purchased via a separate vehicle such as Maryland’s Consulting and Technical Services (CATS) contract or a stand-alone procurement.

Installation Services

Installation services are limited to the installation of the COTS software with only the configuration necessary to ensure that the COTS software operates properly in the Requesting Agency’s environment. Installation services shall not include customization or installation-specific enhancements.

Training Services

Training may only be purchased contemporaneously with the original purchase of COTS software or with the purchase of Manufacturer’s Software Maintenance and shall include, but is not limited to:

  • Formal on-site or off-site training that is planned in advance and that has a defined curriculum;
  • Computer-based training that includes software that provides interactive, self-paced training at your desktop, workstation, or laptop computer; and
  • Web-based training that provides courses or classes that are accessible via an internal Intranet or the Internet.

Functional Area III - Manufacturer’s Software Maintenance

Manufacturer’s Software Maintenance may be purchased in conjunction with or separately from Functional Area I – COTS Software, at any time, or in conjunction with Functional Area II – Installation and Training. Master Contractors authorized by the Manufacturer or Distributor of the COTS software may only provide Manufacturer’s Software Maintenance. Manufacturer’s Software Maintenance shall include, but is not limited to:

  • Electronic media and consulting services, upgrades and enhancements for technology advancements, improved functionality, and compatibility with new industry standards;
  • Direct access to experienced consultants of the software;
  • Flexible service options including telephone or e-mail support;
  • Timely problem resolution of reported discrepancies;
  • Remote technical support; and online self-help functions.