ITS64–Oracle Software and Services: This Statewide Contract governs the provision of the Oracle software and related services. The software may be delivered through a premise-based model (installed on customer's infrastructure) or a software as a service (SaaS) model (accessed remotely via the vendor's hosted environment). The scope of services includes ongoing maintenance and support for the software. Additionally, the vendor shall provide professional services, which may include, but are not limited to, consulting, training, and other software-related implementation and advisory services.

For the Master Contract Record, refer to the ITS64 Master Contract Record.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• Partnering with a pool of qualified and experienced vendors

No hardware may be offered under this contract.

Under the ITS64 contract, Oracle Platform as a Service (PaaS) and Infrastructure as a Service (IaaS) can only be used for Oracle technology or applications. They may not be used to support non-Oracle workloads, and an Eligible Entity can only migrate Oracle technology or applications programs to the cloud environment using these services.

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers may access the price files and vendor catalogs without signing into a COMMBUYS account.

The pricing options are outlined as follows:

• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and can be subject to further negotiation.
• Discount off of the Vendor Catalog Price: Contract pricing is a specified discount off of the vendor catalog price, which may be further negotiated.

Note: Product pricing may be found within the vendor’s Master Blanket Purchase Order (MBPO). Links to the respective vendors’ MBPOs are provided in the Vendor List and Information.

The purchase options identified below are the only acceptable options that may be used in this contract:

• Fee-for-Service
• Direct, outright purchases
• Subscriptions

Please note the following:

• Oracle software licenses may be acquired through outright purchase or subscription.
• Oracle technical support and maintenance may be paid through an annual subscription or other time period agreed to between the Eligible Entity and Oracle.
• Consulting services may be obtained on a time and materials basis or for a fixed fee.
• Education services are via subscription or fixed fee.
• Cloud Services are available via subscription.

To get started:

• Contact your Oracle representative for assistance with product selection and preparing the Ordering Document.
• If you do not have a representative, please contact one of the “General questions…” contacts in the Vendor List and Information section of this guide.
• All Executive Department Agencies must contact the Executive Office of Technology Services and Security before making a purchase under ITS64.

Review Key Documents and Terms Before Submitting Orders: Prior to submitting an Ordering Document, you must review the Key Documents and Terms and Renewal Amendment sections. It is crucial to fully understand the governing contract terms before placing an order. 

Key considerations include:

• Order Cancellation: Be aware that some orders may be non-cancellable.
• Custom Provisions: You may occasionally need to add specific provisions directly to the Ordering Document.
• Data Processing Agreements (DPA): If your order involves products referencing the DPA, you must download and save a copy at the time of ordering. Services are governed by the DPA in effect when the order is placed, and the DPA is subject to change over time.

Important Note: The terms outlined in the Umbrella Agreement (found within the Agency Attachments section of the ITS64 Contract in COMMBUYS) take precedence and override any conflicting terms in the Ordering Document.

Once the Ordering Document has been finalized, COMMBUYS users should attach it to their direct release purchase order in COMMBUYS. Refer to the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details. 

Performance and Payment That Goes Beyond Contract End Date

The extend beyond period is in place to allow performance and payment obligations under a contract to continue after the contract term has ended. This period is primarily used to aid the transition between an expiring contract and its replacement and to ensure the continuity in service delivery.

For extend beyond, the following stipulations are in place:

• Buyers may not enter into a written agreement that will go more than sixty (60) months beyond the maximum end date of the contract. Existing services may be completed and payments made during this period.
• No new agreements, including leases, rentals, or service contracts, may be made after the contract's expiration.
• Agreements established prior to the Master Agreement expiration may allow performance and payment obligations to continue until the maximum Extend Beyond date.
  

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter ITS64 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract (SWC). 

A Volume Discount is provided to the buyer if a certain volume of product or service is purchased.

Note: Vendor discounts are detailed in the Vendor List table and the price files within each vendor's Master Blanket Purchase Order (MBPO) or Master Contract Record MBPO.

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Kerri Quinn or Joshua Flanagan-Lanier) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract ITS64 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Kerri Quinn or Joshua Flanagan-Lanier) for guidance. 
• Vendors must notify buyers of product substitutions.

When placing orders with a vendor, MOSAIC users must reference the contract ID number ITS64* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MOSAIC).

Important: Please note that the Renewal Amendment modifies, deletes, or adds to some of the terms of the documents referenced in the following sections.

Umbrella Agreement

The Umbrella Agreement sets out the order of precedence for all documents that are part of the Agreement. Any conflicting terms in Oracle's documents, such as Schedules and General Terms, are superseded by the Umbrella Agreement.  The order of precedence is:

1. Umbrella Agreement
2. Commonwealth Terms and Conditions
3. Standard Contract Form
4. Amended and Restated ITS64 Due Diligence Posting
5. Data Processing Agreement (or the Data Processing Agreement expressly referenced in your Order)
6. Oracle Ordering Document (as agreed between you and Oracle)
7. Oracle’s Master Agreement consisting of:
   1. General Terms–Public Sector and
   2. Schedule P: Public Sector–Programs, Public Sections Schedule S-Services, and Schedule C- Cloud Services-Public Sector

The Umbrella Agreement includes clarifications to the Commonwealth Terms and Conditions and the Standard Contract Form. Contract users should review these clarifications as they specify some additional requirements on the part of the Commonwealth. Some key terms in the Umbrella Agreement are flagged in the following sections, but users should review the complete agreement to understand their rights and obligations.

Section 1–ITS64 General Terms and Conditions, Modifications, and Clarifications:

Section 1.7, Executive Department Agencies may transfer or divest certain licenses, Professional Services deliverables, and cloud services. The transfer of programs with an “unlimited license model” are subject to additional restrictions and terms. Non-Executive Department users may negotiate specific transfer and divestiture rights as part of a specific order.

Section 2–Clarifications to the Commonwealth Terms and Conditions and the Standard Contract Form:

• Section 2.2, Professional Services deliverables are either joint property or Commonwealth property. Any deviation from this requirement by Executive Department Agencies must be approved by the Executive Office of Technology Services and Security (EOTSS) General Counsel.
• Section 2.2, Sub-Section 4, allows for Eligible Entities to enter into non-cancellable orders for a period of up to one (1) year.
• Section 2.3, Sub-Section 7, Executive Department Eligible Entities must include the requirements of the Information Technology Mandatory Specifications and the IT Acquisition Accessibility Contract Language in the applicable solicitation and/or Ordering Document.

Section 3–Selected Clarifications to Oracle Documents:

• Section 3.2.2, you are entitled to service credits if you experience downtime during your Cloud Services subscription. You are also permitted to terminate Cloud Services for chronic service unavailability.
• Section 3.2.2.3, Oracle will maintain your Content for the length of your Cloud Services term plus sixty (60) days. You may retrieve your Content at any time during this period.
  

Cloud Services Data Processing Agreement

If ordering Cloud Services, read the Data Processing Agreement for Cloud Services (DPA). Oracle may change the Data Processing Agreement at will, so if you place an order for Cloud services after the first year of ITS64, you must download and review the current DPA, which will be referenced in your Ordering Document. That DPA will apply throughout the duration specified in your Ordering Document, so it is important that you keep a copy of it on file, as Oracle may modify it during that time.

EOTSS Enterprise Policies and Standards Applicable to Cloud Services

It is up to each ordering Eligible Entity to determine what EOTSS Enterprise Policies and Standards, including those listed below, are applicable to the services they are obtaining, and whether any additional specifications are needed.  Any additional specifications must be included in the Ordering Document.

• Enterprise Information Security Policies and Standards
• Web accessibility standards

It is strongly recommended that all Executive Department Agencies include the following paragraph in all Ordering Documents, inclusive of all policies listed above:

“Oracle shall provide the products and services listed herein in accordance with the Information Technology Mandatory Specifications and the IT Acquisition Accessibility Contract Language. In addition, Oracle will comply with the Security Policies and Standards available via https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards.”

Oracle Renewal Amendment 2023

The Renewal amendment with revised pricing and terms, found in the ITS64 Contract under Agency Attachments in COMMBUYS, includes the following documents:

• Executed Standard Contract Form Amendment: This is the Standard Contract Form that was in effect when Oracle signed the original ITS64 contract. It references the Commonwealth Terms and Conditions, not the Commonwealth Terms and Conditions for Information Technology Contracts, which was not in effect at that time.
• Amendment One to Statewide Contract ITS64:
  • Extends the contract term through June 30, 2028.
  • Adds Schedule H, Hardware to the preamble of the Umbrella Agreement, with limitations on the applicability of certain clarifications and clauses relative to Oracle support services and prohibition of hardware sales. Only hardware maintenance and support services are available under ITS64.
  • Replaces the previous Pricing exhibit with the one included in this amendment.
  • Adds a new Ordering Document, “Exhibit K to MA Contract ITS64 Sample Ordering Document Oracle Java SE Universal Subscription Part Number L107691”.
  • Adds new and modified terms to clarifications of Public Sector Schedule P–Program. Please refer to this document for additional modifications.
• Public Sector Schedule H-Hardware: Terms for Hardware services and support (no hardware may be purchased under ITS64).
• Exhibit K to MA Contract ITS64:
  • Sample Ordering Document–Oracle Java SE Universal Subscription
  • To be used for purchases of Java SE. Purchases of Java can be documented under Oracle’s standard ordering documents.
• Exhibit H Pricing: Pricing is no longer provided for specific software items and services.  Discounts and conditions are provided with links to Oracle’s then current price links. This document is also posted as a stand-alone document on COMMBUYS for convenient access.