Common use of Prioritization Clause in Contracts

Prioritization. An Issue shall be categorized as a “Severity 2 Issue” if the issue is characterized by the following attributes. The Issue: - does not render a business critical System, Service, Software, Equipment or network component un-Available, substantially un-Available but a function or functions are not Available, substantially un-Available or functioning as it/they should, and - affects either a group or groups of people performing a critical business function State. Measurement: Issue "Time to Repair" will be measured from the time the Commonwealth reports the issue as Severity 2 to the point in time the Contractor provides either a resolution or workaround to the Commonwealth for verification and acceptance. In the case where the resolution or workaround is determined by the Commonwealth to be unacceptable, the tracking of the "Time to Repair" will recommence at the time the Commonwealth reports the unacceptability. In the case of a workaround, the State may accept the workaround as a short-term solution, allowing the resolution to move to Production, but still need the issue resolved at a lower Severity. In these circumstances, the State will consider the associated Severity 2 issue resolved and the Contractor will establish a new issue at the State determined Severity for management and tracking. The "Mean Time to Repair" for the reporting month will be measured by assessing the elapsed time (expressed as a decimal number, to two positions after the decimal point, that reflects the hours and minutes) of all resolved Severity 2 issues to determine the statistical mean. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Per Issue Mean Time to Repair (Severity 2 Issues) (Expressed in hours) = (Total elapsed time for all resolved Severity 2 Issues) divided by (Total number of all resolved Severity 2 Issues) <= 48 hours > 48 hours and <= 72 hours > 72 hours Project & Other Services Service Levels: Issue Resolution – Mean Time to Repair (Severity 3 Issues)

Prioritization. An Issue shall be categorized as a “"Severity 2 Issue” 1" if the issue is characterized by will prevent the following attributesState from authorizing Production migration of the associated functionality or module. The Issue: - does not render Typical characteristics of Severity 1 issues are situations that would prohibit the execution of productive work for a business critical System, Service, Software, Equipment or network component un-Available, substantially un-Available but a function or functions are not Available, substantially un-Available or functioning as it/they should, and - affects either a group or groups of people group(s) performing a critical business function Statefunction. Examples include, but are not limited to: - Procurement transactions cannot be completed. - Procurement transactions can be completed but have incomplete and/or inaccurate data/information. - Procurement transactions would be transmitted to a Supplier with inaccurate or incomplete data/information. - Suppliers are unable to securely interact with the Solution (e.g. Registration, On-line Bid/RFP Response submission) - Processes would produce an inaccurate or incomplete public procurement record Measurement: Issue "Time to Repair" will be measured from the time the Commonwealth State reports the issue as Severity 2 1 to the point in time the Contractor provides either a resolution or workaround to the Commonwealth State for verification and acceptance. In the case where the resolution or workaround is determined by the Commonwealth State to be unacceptable, unacceptable the tracking of the "Time to Repair" will recommence at the time the Commonwealth State reports the unacceptability. In the case of a workaround, the State may accept the workaround as a short-term solution, allowing the resolution functionality to move to Production, but still need the issue resolved at a lower Severity. In these circumstances, the State will consider the associated Severity 2 1 issue resolved and the Contractor will establish a new issue at the State determined Severity for management and tracking. The "Mean Time to Repair" for the reporting month will be measured by assessing the elapsed time in business days (expressed as a decimal number, to two positions after the decimal point, that reflects the hours and minutes) of all resolved Severity 2 1 UAT issues to determine the statistical mean. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Per Issue Mean Time to Repair (Severity 2 1 Issues) (Expressed in hours) = (Total elapsed time business days for all resolved Severity 2 1 Issues) divided by (Total number of all resolved Severity 2 1 Issues) <= 48 hours 5 days > 48 hours 5 days and <= 72 hours 7 days > 72 hours 7 days Project & Other Services Implementation Service LevelsLevel Agreement: Issue UAT Severity 2 Issues Resolution – Mean Time to Repair (Severity 3 Issues)Repair

Prioritization. An Issue issue shall be categorized as a “"Severity 2 Issue” 2" if the issue is characterized by will prevent the following attributesState from authorizing Production access to the associated functionality via a limited deployment and not at an enterprise level (e.g. a dark launch restricted to a subset of users prior to full release). The Issue: - does not render Typical characteristics of Severity 2 issues are situations that require restricted functionality access in a business critical System, Service, Software, Equipment or network component un-Available, substantially un-Available but tightly controlled user environment to limit the risk of prohibited execution of productive work for a function or functions are not Available, substantially un-Available or functioning as it/they should, and - affects either a group or groups of people group(s) performing a critical business function Statefunction. Examples include, but are not limited to: - Basic procurement transactions can be completed, but extended use of the functionality has high likelihood of encountering problems completing transactions or may cause data/information inaccuracies. - Complicated workarounds are required to use the functionality, increasing the likelihood of user error and/or confusion. - Entity specific configuration cannot be sufficiently completed to permit deployment. - Supplier access to Solicitations restricts ability to submit questions. - Extended use of the functionality has high likelihood of causing non-compliance with Procurement policy. Measurement: Issue "Time to Repair" will be measured from the time the Commonwealth State reports the issue as Severity 2 to the point in time the Contractor provides either a resolution or workaround to the Commonwealth State for verification and acceptance. In the case where the resolution or workaround is determined by the Commonwealth State to be unacceptable, unacceptable the tracking of the "Time to Repair" will recommence at the time the Commonwealth State reports the unacceptability. In the case of a workaround, the State may accept the workaround as a short-term solution, allowing the resolution functionality to move to Production, but still need the issue resolved at a lower Severity. In these circumstances, the State will consider the associated Severity 2 issue resolved and the Contractor will establish a new issue at the State determined Severity for management and tracking. The "Mean Time to Repair" for the reporting month will be measured by assessing the elapsed time in business days (expressed as a decimal number, to two positions after the decimal point, that reflects the hours and minutes) of all resolved Severity 2 UAT issues to determine the statistical mean. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Per Issue Mean Time to Repair (Severity 2 Issues) (Expressed in hours) = (Total elapsed time business days for all resolved Severity 2 Issues) divided by (Total number of all resolved Severity 2 Issues) <= 48 hours 10 days > 48 hours 10 days and <= 72 hours 15 days > 72 hours 15 days Project & Other Services Implementation Service LevelsLevel Agreement: Issue UAT Severity 3 Issues Resolution – Mean Time to Repair (Severity 3 Issues)Repair

Prioritization. An Issue shall be categorized as a “Severity 2 3 Issue” if the issue is characterized by the following attributes. The Issue: - does not render the Issue causes a business critical group of people to be unable to access or use a System, Service, Software, Equipment or network component un-Available, substantially un-Available but or a function or functions are not Available, substantially un-Available or functioning as it/they shouldkey feature thereof, and - affects either a group or groups workaround acceptable to the State is not available, but does not prohibit the execution of people performing a critical business function Stateproductive work. Measurement: Issue "Time to Repair" will be measured from the time the Commonwealth State reports the issue as Severity 2 3 to the point in time the Contractor provides either a resolution or workaround to the Commonwealth State for verification and acceptance. In the case where the resolution or workaround is determined by the Commonwealth State to be unacceptable, unacceptable the tracking of the "Time to Repair" will recommence at the time the Commonwealth State reports the unacceptability. In the case of a workaround, the State may accept the workaround as a short-term solution, allowing the resolution to move to Production, but still need the issue resolved at a lower Severity. In these circumstances, the State will consider the associated Severity 2 3 issue resolved and the Contractor will establish a new issue at the State determined Severity for management and tracking. The "Mean Time to Repair" for the reporting month will be measured by assessing the elapsed time in business days (expressed as a decimal number, to two positions after the decimal point, that reflects the hours and minutes) of all resolved Severity 2 3 issues to determine the statistical mean. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Sytem Per Issue Mean Time to Repair (Severity 2 3 Issues) (Expressed in hoursbusiness days) = (Total elapsed time for all resolved Severity 2 3 Issues) divided by (Total number of all resolved Severity 2 3 Issues) <= 48 hours 10 days > 48 hours 10 days and <= 72 hours =30 days > 72 hours 30 days Project & Other Services Service Levels: Issue Resolution Quality - Recidivism Rate Resolved Severity 1, 2 and 3 Production issues affecting the eProcurement Solution do not reoccur or cause other issues as a result of the resolution to the root cause of the Issue. Monitoring compliance will be determined by tracking the following key performance indicator (KPI): - Issue Recidivism is defined as Closed Severity 1 or 2 issues that reoccur due to the same root cause, and New issues Severity 1 or 2 issues caused by resolution of a separate Severity 1, 2, or 3 issue. Measurement: Recidivism Count will be the number of recidivism issue occurrences in the measurement period. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Report Per Issue Count of Recidivism Issue Occurrences <= 0 > 1 and <= 3 > 5 Project & Other Services Service Levels: Service Availability – Mean Time Solution Component/Application Availability All eProcurement Solution components are Available to Repair All State Users for All Business Functions to Support Critical Procurement Processes. This Service Level does not apply to those elements of the Solution that are not directly in the Contractor’s scope (Severity e.g. State Finance System, Punchouts, API, Web Services). This Service Level begins upon completion of agreed production acceptance criteria and a measurement period as documented in the Implementation Plan. Definition: Solution Component/Application Availability means access to each Solution component in the production system is enabled such that users can login and business transactions can be executed. While access is dependent on State-provided infrastructure, the expectation is that the Contractor will implement operational processes, instrumentation, monitoring and controls that validate availability of eProcurement Solution components to the State end-users and Suppliers in a manner that distinguishes State infrastructure from Contractor in-scope Solution components. If, in determination of the root cause of an “unavailable” condition, or the outage of State provided Infrastructure is the cause of the condition, the Contractor shall be excused from those outages that arise from such a condition, unless the outage is a direct result of a Contractor created situation. The SLA will be calculated for the Solution Components/Applications and Service Elements. The measurement will be made using a monitoring service or tool that is acceptable to the State and is external to the Contractor’s and State’s networks to measure the ability to process transactions to the eProcurement Solution database. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Monthly Service Report Continuous, 24 hours a day Application Availability (Expressed as %) = (Total Component/Application Scheduled Uptime – Total Application Unscheduled Outages) divided by (Total Application Scheduled Uptime) Production Environment >=99.8 % Production Environment < 99.8% and >= 99.5% Production Environment < 99.5% Project & Other Services Service Levels: Solution Performance and Responsiveness The eProcurement Solution performs within mutually agreed defined norms. The end user experience meets performance and responsive requirements and scheduled jobs, processes and reports execute within the established job schedule. This Service Level begins upon completion of agreed production acceptance criteria and a measurement period as documented in the Implementation Plan. Definition: Solution Performance and Responsiveness will be based upon a mutually agreed set of key service elements performance based on a mutually agreed statistically valid sample of 3 Issues)common transactions/jobs in each Solution component. A baseline will be established for each Solution component during the “burn in period” as an average of the sample transactions/jobs and thereafter the Contractor will perform automated testing on a daily basis for online transaction elements or provide objective evidence from system generated statistics, and provide run-time statistics for scheduled/batch system jobs and scheduled report and compare these to the Performance Baseline. The performance testing end point location will be mutually agreed to by the Parties. The Contractor will measure during a four-hour window specified by the State for each solution component. The four hour window will represent anticipated peak system usage times and will be determined during the design phase. Two measurement values the Performance Baseline will be calculated as an average of the sample transactions/jobs for each Solution component: 1) Percent Variation Online Transactions, and 2) Percent Variation Batch/Scheduled Operations. The higher variation across Solution components (i.e., online or batch) shall be used in the SL formula for both the numerator and denominator. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Monthly Service Report Continuous, 24 hours a day and Schedule Job/Report Performance Average Solution Performance and Responsiveness (Expressed as %) = Average of the Observed (Online or Batch Scheduled) Performance divided by Baseline (Online or Batch) Performance <= 120% > 120% and <= 130% > 130%

Prioritization. An Issue shall be categorized as a “"Severity 2 Issue” 3" if the issue is characterized by will result in the following attributesState limiting Entity and/or Supplier use of or access to components/features of the associated functionality. The IssueTypical characteristics of Severity 3 issues are situations that would have adverse effect on the rollout, adoption and training of the functionality. Examples include, but are not limited to: - does not render a business critical System, Service, Software, Equipment Procurement transactions can be completed but access to the component/feature will cause transaction errors. - Processing transactions produces system on-screen messages that are inaccurate or network component un-Available, substantially un-Available but a function or functions are not Available, substantially un-Available or functioning as itunderstandable. - Workarounds are not available to permit use a specific component/they should, and feature of the functionality. - affects either a group or groups Workarounds are sufficiently complicated that functionality component/feature access has to be limited Entity procurement staff. - Supplier use will result in significant number of people performing a critical business function Statesupport calls. Measurement: Issue "Time to Repair" will be measured from the time the Commonwealth State reports the issue as Severity 2 3 to the point in time the Contractor provides either a resolution or workaround to the Commonwealth State for verification and acceptance. In the case where the resolution or workaround is determined by the Commonwealth State to be unacceptable, unacceptable the tracking of the "Time to Repair" will recommence at the time the Commonwealth State reports the unacceptability. In the case of a workaround, the State may accept the workaround as a short-term solution, allowing the resolution functionality to move to Production, but still need the issue resolved at a lower Severity. In these circumstances, the State will consider the associated Severity 2 3 issue resolved and the Contractor will establish a new issue at the State determined Severity for management and tracking. The "Mean Time to Repair" for the reporting month will be measured by assessing the elapsed time in business days (expressed as a decimal number, to two positions after the decimal point, that reflects the hours and minutes) of all resolved Severity 2 3 UAT issues to determine the statistical mean. Measurement Period Data Source Collection Frequency SL Formula SL Measure GYR State Reporting Month Issue Management System Per Issue Mean Time to Repair (Severity 2 3 Issues) (Expressed in hours) = (Total elapsed time business days for all resolved Severity 2 3 Issues) divided by (Total number of all resolved Severity 2 3 Issues) <= 48 hours 20 days > 48 hours 20 days and <= 72 hours 40 days > 72 hours 40 days Project & Other Services Implementation Service LevelsLevel Agreement: Issue Resolution – Mean Time UAT Environment Availability eProcurement Solution UAT Environment is available to Repair (Severity 3 Issues)State users for scheduled UAT activities. UAT Environment availability means access to the UAT functionality being tested is enabled such that users can log in and test scripts can be executed. Measurement: This Service Level will be calculated for those elements of the Solution that are directly in the Contractor’s scope and will be based on solution access from the end-user community desktop to the ability to process transactions to the eProcurement Solution database. While access is dependent on State-provided infrastructure, the expectation is that the Contractor will implement operational processes, instrumentation, monitoring and controls that validate availability of eProcurement Solution UAT components to the State end-users in a manner that distinguishes State infrastructure from Contractor in-scope Solution components. If, in determination of the root cause of an “unavailable” condition, or the outage of State provided Infrastructure is the cause of the condition, the Contractor shall be excused from those outages that arise from such a condition, unless the outage is a direct result of a Contractor created situation.