ATTENTION Wright State University invites you to participate in this Invitation to Negotiate No. 602314 Customer/Constituent Relationship Management (CRM) Solution. This emailed version is being sent to you for ease in the completion of this proposal. Please email Mary J Pasquinelli, Strategic Procurement Specialist II @
[email protected] if you require a hardcopy of the ITN. The email is included and becomes part of ITN 602314. The wording of the ITN issued by the University shall not be altered, changed or revised in any manner whatsoever. Proposal responses shall reflect the identical University wording of the ITN. All terms, conditions and specifications as described in the original University ITN document, sent by mail and email, will prevail. NOTE: Responses must be submitted in hard copy with one (1) electronic document as directed in the ITN. Contact me at (937) 775-2522 with any questions. Mary J Pasquinelli Strategic Procurement Specialist II
Rev. 11/13
INVITATION TO NEGOTIATE NO. 602314 FOR Customer/Constituent Relationship Management (CRM) Solution Issued by WRIGHT STATE UNIVERSITY 3640 COLONEL GLENN HIGHWAY DAYTON, OH 45435 Sealed bids will be received until January 13, 2015, 3:00 p.m. local time. At the PURCHASING DEPARTMENT Wright State University 301 University Hall 3640 Colonel Glenn Highway Dayton, OH 45435 Envelopes must be sealed and designated in the lower left hand corner: “SEALED bid No. 602314 and Due 3:00 p.m. local time on January 13, 2015”. Note: 1. No Public bid opening will be held due to the complexity of responses and need for committee review. 2. Please submit one (1) clearly marked original, one (1) paper copies (2 total ITN’s) of the proposal and one (1) electronic version as a pdf file on a thumb drive or CD.
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TABLE OF CONTENTS Paragraph Page 1. INTRODUCTION AND OVERVIEW .................................................................. 3 2. DEFINITIONS OF TERMS ................................................................................... 3 3. BIDDER QUALIFICATIONS; .............................................................................. 4 4. SCOPE OF SERVICE ............................................................................................ 4 5. RECEIPT AND OPENING OF PROPOSALS ...................................................... 6 6. ADDENDA AND INTERPRETATION ................................................................ 7 7. OBSERVANCE OF LAWS AND REGULATIONS ............................................. 8 8. OBSERVANCE OF UNIVERSITY PARKING REGULATIONS ....................... 9 9. DAMAGE AND INSURANCE ............................................................................. 9 10. INDEMNIFICATION .......................................................................................... 16 11. RIGHTS RESERVED BY OWNER .................................................................... 16 12. PRICING AND PAYMENT TERMS .................................................................. 18 13. TAXES.................................................................................................................. 18 14. SUBCONTRACTOR APPROVAL .................................................................... 18 15. SPECIFICATIONS ............................................................................................... 19 16. DURATION, TERMINATION AND TERMS OF CONTRACT ....................... 39 17. CONFIDENTIAL INFORMATION .................................................................... 40 18. EVALUATION OF AWARD .............................................................................. 41 19. BASIS AND METHOD OF SELECTION .......................................................... 41 20. FORMATION OF THE AGREEMENT .............................................................. 42 21. PREPARATION OF PROPOSALS ..................................................................... 42 22. PROPOSAL RESPONSE ..................................................................................... 43 23. PROPOSAL SUBMITTED BY: .......................................................................... 44 24. REFERENCES: .................................................................................................... 46 25. SUBCONTRACTORS ......................................................................................... 47 26. SUBMISSION OF PROPOSAL ........................................................................... 48 27. PAYMENT TERMS ............................................................................................. 48 28. PRICING INFORMATION ................................................................................. 48 29. AUTHENTICATION OF PROPOSAL................................................................ 49 30. CONFLICT OF INTEREST ................................................................................. 49 31. SERVICE ORGANIZATION CONTROL REPORT(S) ..................................... 49 32. PROHIBITION OF OFFSHORE OUTSOURCING ............................................ 50 33. SUSTAINABILITY / “GREEN” PRODUCTS .................................................... 51 34. OHIO REVISED CODE 9.24 ............................................................................... 51 35. BUY AMERICA / BUY OHIO ............................................................................ 53 BUSINESS INTEGRITY HOTLINE
Wright State University recognizes the importance of business integrity and has established a confidential hotline. When you call 937-775-3997 (24 hours a day) you do not have to give your name, but please give detailed information regarding your concern. For further information, please visit: www.wright.edu/admin/audit/hotline.html .
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1.
INTRODUCTION AND OVERVIEW
1.1
2.
Wright State University is a young (established in 1967) vibrant, progressive and renown metropolitan University. Its reputation for innovation and creativity is well established and continues to grow. It is a fully accredited, state assisted University that offers a curriculum for over 100 undergraduate majors, 43 master degree programs, five PhD programs in research-intensive disciplines and professional schools of medicine and psychology. Wright State University’s total student enrollment at the main campus is approximately 16,200 located in Dayton, Ohio. A branch campus is located near Celina, Ohio and has a student enrollment of approximately 900. Approximately 3,000 students live on the main campus and the remaining 13,000 students commute from the Dayton metropolitan area. Approximately 6,000 of the commuting students live adjacent to campus. The University’s faculty and staff consist of approximately 2,100 full-time and part-time members. The University offers courses throughout the calendar year. The academic terms include the Fall, Spring and Summer Semesters.
DEFINITIONS OF TERMS Wherever the following terms appear, they shall have the meanings set forth opposite each.
2.1
. 2.2
(ITN) Invitation to Negotiate: A competitive process whereby suppliers and contractors have an opportunity to initially submit pricing proposals for consideration. Once reviewed, the University has the opportunity to determine which proposers it wishes to conduct negotiations with for the purpose of arriving at the terms deemed to be in the best interest of the University. Owner, University, WSU: The owner or University or WSU shall be the Board of Trustees of WRIGHT STATE UNIVERSITY, Dayton, Ohio.
2.3
Contractor: The party or parties (in case of a multiple award) awarded the contract, its heirs, executors, administrators, successors or assignees.
2.4
Sub-contractor: Any person, persons, firm, company, partnership or corporation contracting with the contractor to perform a part or all of the contract.
2.5
Proposer: Any invited firm or individual who submits a proposal to fulfill the conditions and terms of this invitation to negotiate.
2.6
Firm: Any qualified potential proposer.
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3.
BIDDER QUALIFICATIONS; Notice: Contractor warrants that it is not subject to an unresolved finding for recovery under O.R.C. 9.24. If the warranty is false on the date the parties accept an order or sign an Agreement resulting from this competitive process, the transaction is “ab initio,” and the Contractor must immediately repay to the University any funds paid under the order or Agreement. To be considered, a bidder must:
3.1
Own and operate adequate facilities and equipment devoted to the Manufacture of that which it proposes to furnish or to the required services. Subcontracted work by firms engaged must be enumerated.
3.2
Exercise strict quality control and inspection in every aspect of performance so that the end product conforms to the intent of the specifications.
3.3
Have been engaged in the type of services proposed, operating under its current business name, for a minimum of the past two (2) years.
3.4
Have a staff with commensurate experience and supervision who will furnish the end product proposed. Staff shall complete all work within the United States in accordance with the conditions described in Paragraph 32 Prohibition of Offshore Outsourcing.
3.5
Provide in its bid the names of at least three (3) institutions, as requested herein, of the largest successfully completed projects of this same nature. Preference will be given to those institutions which are colleges and universities.
3.6
Provide proof of financial stability of the firm upon request. Such proof may include bank references, Dunn & Bradstreet ratings, credit report, etc. as necessary to establish the financial stability of the firm.
4.
SCOPE OF SERVICE
4.1
The University is seeking proposals for Customer/Constituent Relationship Management (CRM) Solution designed to fit into higher education’s unique challenges.
4.2
The successful bidder will provide the University a solution for CRM that will allow consistent and comprehensive management of effective student recruitment and admissions and provide data access as needed for reporting, tracking of trends, and customized data analysis. The primary focus for this award, and for initial implementation, will be the Recruitment Process for Admissions (undergraduate, graduate, and
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international). Depending on solution offerings and fit with university needs the second phase will address Student Success and Retention. 4.3
Objectives 4.3.1 Improve service levels and response times to constituents and increase constituent satisfaction. 4.3.2 Simplify our “front door” for prospective students, making it very easy to express interest in Wright State, facilitate a personalized online experience based on their interests, and to complete the application process. 4.3.3 Improve collaboration among the Admissions offices and colleges for recruitment initiatives. 4.3.4 Provide transparency of recruitment efforts, allowing a variety of campus constituents to see and understand the university's means of attracting and nurturing relationships with prospective students. 4.3.5 Provide capability to target populations who have been underserved, such as continuing education and non-degree students. 4.3.6 Provide capability to evaluate current business practices throughout the student life cycle, from recruitment through graduation. 4.3.7 Provide capability to take some processes online through easily created and modified forms. 4.3.8 Provide capability to hold application data (e.g. test scores with no application, etc.) out of Banner until they are actually needed for an application. 4.3.9 Provide capability to begin predictive modeling of potential students. This will allow for a more focused recruitment effort as opposed to our current somewhat shotgun approach. 4.3.10 Provide capability to include and/or integrate with an early alert system and other student retention processes to optimize resources for student success. 4.3.11 Improve related process efficiency by eliminating manual processes and streamlining of current electronic processes. 4.3.12 Improve recruitment quantity and quality.
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4.3.13 Improve reporting and tracking abilities for recruitment, retention, and other campus communication activities. 4.4
Service Requirements 4.4.1 Implementation, training, data conversion, and rollout assistance. 4.4.2 Ongoing customer and technical support/troubleshooting including a dedicated account manager with direct phone number through the life of the contract. 4.4.3 Maintenance and updates - support as needed.
5.
RECEIPT AND OPENING OF PROPOSALS
5.1
Sealed proposals will be received in the Purchasing Department, 301 University Hall, Wright State University, Dayton, Ohio 45435 until 3:00 p.m. local time on Tuesday January 13, 2015. Packages containing one (1) clearly marked original, one (1) paper copies (2 total ITN’s) of the proposal and one (1) electronic version as a pdf file on a thumb drive or CD must be sealed and addressed to the Purchasing Department and designated in the lower left-hand corner as “Sealed bid No. 602314 and DUE 3:00 p.m. local time on January 13, 2015”. The copy designated original must contain the signed Proposal Statement. Proposals shall include Paragraphs 23 - 35 and all attachments and appendices. The ORIGINAL Goldenrod copy must be designated original and must contain the signed Proposal Statement. The proposals will not be publicly opened and read due to the expected complexity of the proposals. Failure to include the one (1) original signed response, one (1) copies of the signed response and one (1) electronic version enclosed on a thumb drive or CD may result in the rejection of your initial response without further evaluation.
5.2
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Owner may waive any technical or formal defect in any proposal not prepared and submitted in accordance with the provisions herein. Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not be considered. The physical receipt of the proposal at the Wright State University Purchasing Department and prior to the time specified is solely the responsibility of the proposer.
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5.3
Prior to the time and date designated for receipt, proposals submitted early may be modified or withdrawn only by written notice to the University prior to the designated date and time for receipt of proposals.
5.4
Withdrawn proposals may be resubmitted up to the time designated for receipt of proposals provided that they are then fully in conformance with these general terms and conditions.
5.5
Each company shall be solely responsible for all costs resulting from the preparation and delivery of their proposal.
5.6
All materials submitted in response to this ITN shall become the property of the University upon delivery and are to be appended to any formal documentation which would further define or expand the contractual relationship of the University and the proposer.
5.7
Bid process results and the contract resulting from your proposal will be a matter of public record. Any specific proprietary information contained in the response must be clearly marked trade secret in accordance with O.R.C. 1333.61-69.
6.
ADDENDA AND INTERPRETATION
6.1
Interpretation of the meaning of the attached proposal documents or other pre-proposal documents will be provided to any bidder. A firm shall promptly notify the University of any ambiguity, inconsistency or error which they may discover upon examination of the ITN document. Requests for such interpretation regarding this document or process shall be addressed to Mary J Pasquinelli, Strategic Procurement Specialist II, Purchasing Department, Room 301 University Hall, Wright State University, 3640 Colonel Glenn Hwy., Dayton, Ohio 45435, phone 937 775 2522, FAX 937 775 3711 and must be in writing if relevant to all bidders (email to:
[email protected] ).
6.2
Any questions concerning the scope or opportunities outlined in this Invitation to Negotiate shall be directed to Mary J Pasquinelli, Strategic Procurement Specialist II at:
[email protected] and not to any other person(s) at the University.
6.3
DEADLINE FOR QUESTIONS: The University will determine whether any addenda should be issued as a result of any question or other matters raised by prospective vendors. In order to allow sufficient time to distribute addenda if required, all questions must be submitted by 3:00 p.m. local time on Wednesday, December 17, 2014.
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6.4
The University understands and supports campus visits by prospective bidders. Please contact Mary J Pasquinelli, Strategic Procurement Specialist II at (937) 775-2522, 24 hours in advance to arrange a site visit. Every effort will be made to accommodate your request. Please exercise every professional courtesy to our current vendor, staff and employees.
6.5
Under no circumstances will verbal statement(s) of a proposer or University employee be considered binding. Changes shall be accomplished ONLY upon written approval of Mary J Pasquinelli, Strategic Procurement Specialist II.
7.
OBSERVANCE OF LAWS AND REGULATIONS
7.1
In performing the services required under a contract, Contractors will be required to comply with all applicable federal, state and local laws, statutes, ordinances and regulations, including but not limited to obtaining at its own expense requisite permits, license and certifications; observing all requirements relating to fair and minimum wages and conditions of employment; to provide equal opportunity to all employees or persons, without regard to their race, sex, color, religion, ancestry, national origin, age disability, veteran status or sexual orientation, and remaining at all times in compliance with all executive orders issued or that may be issued by federal or state agencies with regard to equality of opportunity, including those dealing with affirmative action.
7.2
University agrees to provide all cooperation reasonably necessary for such compliance. In addition, Contractor shall also comply with all University Police Department, parking and other policies and regulations as may currently and/or in the future pertain to service under the contract. These laws, ordinances, regulations and policies shall apply to the contract throughout and they will be deemed to be included in the contract the same as though written out in full.
7.3
The Contractor shall secure and pay for all federal, state and local licenses and permits required in the operation of their business. Contractors shall also pay for any and all taxes and assessments attributable to its association with the providing of services requested herein including but not limited to sales taxes, excise taxes, property taxes and federal, state and local income taxes.
7.4
The Contractor will assure that all payroll checks are covered with sufficient funds prior to issuance of checks. Contractor will also timely pay all associated Workman’s Compensation, Social Security, related payroll taxes or benefits as may be required by city, state or federal law and retirement benefits.
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7.4.1 Discovery of payroll-related infractions will be grounds for immediate contract termination with 30 days written notice. Such termination may occur without notice of a “cure” period unless proven to be a banking error. 7.5
By submitting a proposal, contractor agrees to comply with the following: 7.5.1 It is agreed between Provider and Wright State that, notwithstanding anything to the contrary in the Agreement or in any prior or subsequent addendums or amendments to the Agreement, Wright State and Provider shall comply with all applicable provisions of the Identity Theft Red Flags Rule, 16 C.F.R. § 681 (2007) (“Red Flags Rule”) and any comparable laws, rules or regulations promulgated by any federal or state government or agency involving identity theft red flags and notice of address discrepancy, including any applicable future amendments or revision to the Red Flags Rule or other laws, rules or regulations. Without limiting the generality of the preceding sentence, Provider agrees to comply with any identity theft red flag and address discrepancy program (“Red Flag Program”) promulgated by Wright State and to take all necessary steps, including developing its own Red Flag Program, to protect any identity information received pursuant to the Agreement.
7.6
8.
This Agreement shall be governed by and in accordance with the laws of the State of Ohio. Any legal action arising pursuant to this Agreement shall be brought in a court of competent jurisdiction in the State of Ohio.
OBSERVANCE OF UNIVERSITY PARKING REGULATIONS
8.1
Contractors are prohibited from parking on sidewalks and near buildings. Parking near buildings for short duration’s for delivery of materials is permissible.
8.2
Contractor vehicles parked on sidewalks will be subject to traffic citations.
8.3
Contractor vehicles must have proper parking passes shown on windshields. Parking passes can be obtained from Wright State University Parking and Transportation Department. Rates and permit information can be obtained by contacting Parking and Transportation at 937 775-5690.
9.
DAMAGE AND INSURANCE
9.1
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The Contractor shall protect from damage all existing University and/or State of Ohio property in so far as performance of this contract affects said property.
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9.2
Should damage occur, it is the Contractor's responsibility to restore the property to its original condition.
9.3
Should Contractors fail to restore the damaged property to its original condition, the Owner (or its Agent) will do so and assign the cost to the Contractor responsible for damages.
9.4
Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by this contractor, his agents, representatives, employees, or subcontractors.
9.5
The insurance requirements herein are minimum requirements for this contract and in no way limit the indemnity covenants contained in this contract. The University in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, his agents, representatives, employees, or subcontractors, and Contractor is free to purchase additional insurance as may be determined necessary.
9.6
Minimum Scope and Limits of Insurance: Contractors shall provide coverage with limits of liability not less than those stated. An excess liability policy or umbrella liability policy may be used to meet the minimum requirements provided that the coverage is written on the “following form” basis. 9.6.1 Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage, and liability assumed under insured contract, including defense costs.
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9.6.1.1.
The policy shall be endorsed to include the following additional insured language: the State of Ohio, Wright State University, Members of the Board of Wright State University and its Officers, its affiliated organizations, successors, or assignees, its officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor.
9.6.1.2.
Minimum Limits: General Aggregate $2,000,000 Products/Completed Operations
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Aggregate Each Occurrence Limit Personal/Advertising Injury
$2,000,000 $1,000,000 $1,000,000
9.6.2 Automobile Liability (can be waived if contract does not involve use of motor vehicles): Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this contract. 9.6.2.1.
Minimum Limits: Bodily Injury/Property Damage (Each Accident) $1,000,000
9.6.3 Workers’ Compensation 9.6.3.1.
Minimum Limits: Workers’ Compensation
Statutory
9.6.4 Employers’ Liability 9.6.4.1.
Minimum Limits: $500,000
9.6.5 Professional Liability (Errors and Omissions Liability), including Cyber Liability (can be waived if contract does not involve use of computer systems and/or electronic information): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the scope of services of this contract.
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In the event that the professional liability insurance required by this contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this contract is completed.
9.6.5.2.
If such insurance is maintained on an occurrence form basis, Contractor shall maintain such insurance for an additional period of one (1) year following termination of contract. If such insurance is maintained on a claims-made basis, Contractor shall maintain such insurance for an additional period of three (3) years following termination of the contract.
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9.6.5.3.
If Contractor contends that any of the insurance it maintains pursuant to other sections of this clause satisfies this requirement (or otherwise insures the risks described in this section), then Contractor shall provide proof of same.
9.6.5.4.
The insurance shall provide coverage for the following risks:
9.6.5.4.1. Liability arising from theft, dissemination, and/or use of confidential information (a defined term including, but not limited to, bank account information; credit card account information; and personal information, such as name, address, and social security numbers) stored or transmitted in electronic form. 9.6.5.4.2. Network security liability arising from the unauthorized access to, use of, or tampering with computer systems, including hacker attacks or inability of an authorized third party to gain access to your services, including denial of service, unless caused by a mechanical or electrical failure. 9.6.5.4.3. Liability arising from the introduction of a computer virus into, or otherwise causing damage to, a customer’s or third person’s computer, computer system, network, or similar computer-related property and the data, software, and programs thereon. 9.6.5.5.
Additional Requirements:
9.6.5.5.1. The policy shall provide a waiver of subrogation. 9.6.5.5.2. The policy shall be endorsed to include additional insured language such as: the State of Ohio, Wright State University, Members of the Board of Wright State University and its Officers, its affiliated organizations, successors, or assignees, its officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor. 9.6.5.5.2.1. Minimum Limits for Service Contracts under $500,000; Per Loss $1,000,000 Aggregate $1,000,000
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9.6.5.5.2.2. Minimum Limits for Service Contracts over $500,000; Per Loss $3,000,000 Aggregate $3,000,000 9.6.6 Crime Coverage: Coverage shall include employee dishonesty, forgery, or alteration and computer fraud. If Contractor is physically located on the University premises, third-party fidelity coverage extension shall apply. 9.6.6.1.
The policy shall include coverage for all directors, officers, agents, and employees of the Contractor.
9.6.6.1.1. The bond or policy shall include coverage for extended theft and mysterious disappearance. 9.6.6.1.2. The bond or policy shall not contain a condition requiring an arrest and conviction. 9.6.6.1.3. Minimum Limits: Per Loss 9.7
$1,000,000
Additional Insurance Requirements: The policies shall include, or be endorsed to include, the following provisions: 9.7.1 On insurance policies where the University is named as an additional insured, the University shall be an additional insured to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this contract. 9.7.2 The Contractor’s insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.
9.8
Notice of Cancellation: Each insurance policy required by the insurance provisions of this contract shall provide the required coverage and shall not be suspended, voided, or canceled except after prior written notice has been given to the University, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Evidence of cancellation must be provided by the insurance company by endorsement. The certificate of insurance must state that cancellation notification will be provided by the insurance company in accordance with the policies cancellation provisions.
9.9
Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Ohio and with an
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“A.M. Best” rating of not less than A- VII. The University in no way warrants that the above required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. 9.10
Verification of Coverage: Contractor shall furnish the University with certificates of insurance (ACCORD form or equivalent) as required by this contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 9.10.1 All certificates and any required endorsements are to be received and approved by the University before work commences. Each insurance policy required by this contract must be in effect at or prior to commencement of work under this contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this contract or to provide evidence of renewal is a material breach of contract. 9.10.2 All certificates required by this contract shall be emailed directly to
[email protected] . The project/contract number and project description shall be noted on the certificate of insurance. The University reserves the right to require complete, certified copies of all insurance policies required by this contract at any time.
9.11
Subcontractors: Contractors’ certificate shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the University separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
9.12
Approval: Any modification or variation from the insurance requirements in this contract shall be made by the risk management department, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.
9.13
The Contractor assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any injury, including death, or alleged injury, or damage or alleged damage to property sustained or allegedly sustained in connection with or to have arisen out of the performance of the work by the Contractor, its agents, servants, and employees or Subcontractors. This includes losses, expenses, and damages sustained by the Owner. Each Contractor shall indemnify and hold harmless the Owner and its agents, servants and employees from foregoing and any such losses, expenses, damages, demands and claims. Each Contractor shall, to the extent permitted by law, defend any suit or action brought against the Owner, its agents, servants and employees based upon such alleged injury or
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damage, and shall pay all damages, cost and expenses, including attorney’s fees, in connection therewith or resulting therefrom. 9.14
"Injury" or "damage" as these words are used in this text, shall be construed to include, but not be limited to: 9.14.1 Injury or alleged injury, damage or alleged damaged, consequent upon the failure of, or the use or misuse by a Contractor, its agents, servants or employees of any kinds of equipment and materials, whether or not owned or furnished by the owner. 9.14.2 Injury or alleged injury, damage or alleged damaged, arising from the manufacture, use or sale of any patented or unpatented invention, article or appliance in the performance of this contract, including use by or for the benefit of the owner.
9.15
The Owner will not be held responsible for any equipment or merchandise owned/leased by the Contractor which is lost, stolen or damaged while on the Owner's premises.
9.16
A Contractor shall immediately notify the Owner of the loss, destruction or damage to property and equipment of the Owner caused by a Contractor; and shall furnish the Owner with a statement concerning such loss in detail as the Owner may require. This includes the loss of samples issued by a Contractor to the Owner.
9.17
Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage.
9.18
Contractors shall be responsible for any lost keys including repair of damaged locks, or any re-keying needed to ensure security. Contractors shall also be responsible for any lost or damaged pagers, cell phones, radios, badges, etc.
9.19
Within thirty (30) days of signing the contract, the Contractor shall deliver certificates of insurance evidencing such policy or policies. These certificates of insurance are to name the University as additional insured on all policies.
9.20
Unless otherwise agreed to by the parties, each of the parties of any resulting contract have the status of an independent business agent. As such, each party will be responsible for its own acts and will be responsible, to the extent permitted by law, for all damages, costs and expenses which arise out of the performance of this contract and which are due solely to that party’s own negligence of its agents, officers and employees.
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10. INDEMNIFICATION 10.1
Each of the parties to this Agreement has the status of an independent contractor. Each party shall agree to indemnify and hold harmless to the extent permitted by law, from any and all claims, actions proceedings, judicial or otherwise, judgments, damages, costs, expenses and reasonable attorneys’ fees, arising from or in connection with its respective responsibilities under this Agreement but only in proportion to and extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent acts or omissions of the indemnifying party, its officers, agents or employees that occur during performance of this agreement.
11. RIGHTS RESERVED BY OWNER 11.1
The Owner reserves the right to negotiate the details of any proposed contract resulting from this competitive negotiation process with the successful bidder(s). The University may request clarifications from any proposer prior to entering into or during any resulting negotiations.
11.2
The University reserves the right to analyze proposals and award to the most responsive and responsible Contractor as follows: 11.2.1 After review and negotiations, make one award for all defined areas or to award any portion to one bidder if the University determines to perform a portion of the service with its employees, temporary staffing, or a combination thereof. This includes the possibility of owner determining not to make any award and perform all work with its own workforce. 11.2.2 Should the University enter into negotiations for the purpose of reaching a mutually agreeable contract and be unsuccessful within a reasonable time, the University reserves the right to close negotiations and enter into negotiations with other contractors that submitted proposals for services outlined in this ITN.
11.3
Right to Audit 11.3.1 The Contractor shall establish and maintain a reasonable accounting system that enables the University to readily identify the Contractor’s assets, expenses, cost of goods, and use of funds. The University and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this contract kept by or under the control of the Contractor, including but not limited to those kept by the Contractor, its employees, agents, assigns, successors, and subcontractors. Such records shall
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include, but not limited to, accounting records, written policies and procedures; subcontract files (including proposals of successful and unsuccessful bidders, bid caps, etc.); all paid vouchers including those for out- of pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; back charge logs and supporting documentation; insurance documents; payroll documents; timesheets; memoranda; and correspondence. 11.3.2 The Contractor shall, at all times during the term of this contract and for a period of ten (10) years after completion of this contract, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the University, whether during or after completion of this contract, and at the Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) to the University. Such records shall be made available to the University during normal business hours at the Contractor’s office or place of business and subject to a three (3) day written notice/without prior notice. In the event that no such location is available, then the financial records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location that is convenient for the University. 11.3.3 The Contractor shall ensure the University has these rights with the Contractor’s employees, agents, assigns, successors, and subcontractors and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the Contractor’s obligations to the University. Failure to relay these audit rights to the subcontractors, and they neither keep the required documentation or cooperate with an audit will result in the Contractor bearing the full costs of the audit. 11.3.4 Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by the University unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the Contractor to the University in excess of one-half of one percent (.5%) of the total contract billings, the Contractor shall reimburse the University for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, the University may recoup the costs of the audit work and any
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overcharges from the Contractor. Any adjustments and/or payments that must be made within a reasonable amount of time (not to exceed 90 days) from presentation of the University’s findings to the Contractor. 11.4
The Owner reserves the right to request removal from campus without cause, any contractor employee if it is deemed to be in the best interest of the University.
11.5
It is the policy of the Owner that a Contractor may not advertise the fact that its firm has contracted with the Owner for goods and/or services without written permission from the Owner.
12. PRICING AND PAYMENT TERMS 12.1
All prices, rates or discounts must be firm. Check your proposal carefully, for it may not be changed or corrected after the date fixed for proposal closing. Bidder will be expected to deliver at the price(s) quoted, except for the situation in which prices are reduced between the time the response to this ITN is prepared and the date of delivery. In that case, the lower price shall be charged.
12.2
The award will be made on unit price(s) basis, after evaluation of proposal less applicable cash discounts (if cash discount is 2% or greater). Cash discounts of 2% or greater offered in the proposal will be taken by the University upon receipt of each invoice. 12.2.1 Successful contractors offering cash discounts MUST print the discount terms on all invoices. Failure to do so will be cause for the university to be permitted to take the cash discount after the number of days the cash discount was offered for has passed.
12.3
After the initial award, any additions or deletions to the scope of work will be by mutual agreement and confirmed in writing.
13. TAXES 13.1
The Owner is a tax-exempt institution and is free from all State and Federal taxes. No such taxes shall be included in the Contractor’s charges to the Owner. However, the Contractor may be liable for the payment of sales and use taxes on materials which it purchases for the fulfillment of any resulting contract.
14. SUBCONTRACTOR APPROVAL 14.1
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The successful bidder shall have the right to subcontract any part of the contract, but not the whole thereof.
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14.2
The names and addresses of all prospective subcontractors must be listed as provided for on ITN Proposal Document. No subcontractors may be changed from those listed on the proposal form unless at the request of the Owner. Owner reserves the right to accept or reject any subcontractor proposed based on those qualifications contained herein. Should a contractor be unacceptable to the University, the service contractor shall have forty-eight (48) hours to submit the name of another subcontractor to perform that same subcontract portion of work. If another subcontractor is not approved, Owner shall have the right to reject entire bid and review other bid proposals.
15. SPECIFICATIONS 15.1
Functionality Requirements: 15.1.1 Easy to use admissions application, Priority: High 15.1.1.1. An admissions application should be extremely easy to use as should any related tasks by any and all applicants. Describe what steps have been taken to simplify the applications process and include screen shots. 15.1.2 Application theme, look and feel should match Wright State and/or able to be integrated into Wright State’s web sites, Priority: Medium 15.1.2.1. The admissions application should have the same look and feel as any other Wright State site and entry into the application should be seamless from any Wright State pages without it looking as if they are being transferred to an external site. Describe how your admissions application design provides for this seamless integration. 15.1.3 Mobile/tablet compatibility, Priority: High 15.1.3.1. How is your admissions application and any related pages (e.g., portal) accessible from a mobile device (smartphone, tablet)? Is a Responsive Web Design approach used or some other method, and if so what? 15.1.4 Single dynamic application, Priority: High 15.1.4.1. Describe how a single admissions application can be built for undergraduate, graduate, international, and non-degree such that the application content and questions change based upon these and other selections/responses on the form. Currently separate supplemental applications are required for certain programs, e.g., Nursing, Music.
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Can/should a single application accommodate these differences? What methods are used to create these dynamic form properties and what skills are required? Is this typically done by the client institution or by services you provide? At what point does it become too complex to tailor the application dialog – for example can the conditional logic reasonably be extended based on differences by academic program? 15.1.5 Intelligent and personalized application/portal, Priority: High 15.1.5.1. Amazon-like features---remembers what the applicant first applied for and can direct or redirect easily. Further, if the solution provides this feature describe how the applicant would return to the application/portal if they were a past or current student, possibly having university credentials, and applying this time for a graduate degree. Is student system integration typically done to ensure this is an intelligent return to the applications process? 15.1.6 Seamless student experience/portal, Priority: High 15.1.6.1. When a student gets to a point that a login is necessary, a student should be able to login in to one place to see all their application related information. If your product has this characteristic describe how it is typically used and coexists with an existing university portal and the Banner Self-service suite. 15.1.7 Password reset, Priority: High 15.1.7.1. If your solution provides a password reset feature please briefly describe how it works. 15.1.8 Fee payment integration, Priority: High 15.1.8.1. How does the admissions application integrate with payment vendors and what vendor partners do you work with? 15.1.9 Fee payment discounts/waivers, Priority: Medium 15.1.9.1. Can a discount code be used at fee calculation time to reduce or eliminate the application fee and if so how is this typically defined in the application? 15.1.10 Supplementary materials, Priority: High
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15.1.10.1. How are supplementary materials collected and linked to the application? For example, documents uploaded by the applicant, letters of reference directly from the reference provider? How about documents/files from institutions such as transcripts? 15.1.11 Incomplete applications and application history, Priority: High 15.1.11.1. Describe and show through features and screen shots how admissions staff can monitor and manage those in the recruitment and application “pipeline” (e.g., incomplete and aging un-submitted applications, those waiting on checklist items). Also how easily are these views restricted by college/program to academic advisors and how can they access application history once the student is admitted? 15.1.12 Application review/approval workflow management, Priority: Medium 15.1.12.1. Describe how the application workflow conditional routing (down to the academic program level) and approvals are developed and maintained? Is this a graphical tool that is easily managed by a non-technical person in an admissions office or is vendor or campus IT assistance typically required? 15.1.13 Banner systems integration, Priority: High 15.1.13.1. Describe how the data integration with Banner is achieved. What options do we have with regard to timing, two-way integration, and documents? What oversight is typically required by office staff to confirm exceptions encountered during integration and how are edits typically managed between the two systems? What guidelines or restrictions are necessary that influence or dictate where data is accessed and maintained when? 15.1.14 Audit trail, Priority: High 15.1.14.1. Where decisions and recommendations are being made about admissions, the system needs to keep a record of those - who recommended or decided what, when. That audit trail needs to be preserved both for process-tracing of individual cases after they are admitted or denied and, ideally, for large-N data analysis. Describe the audit trail
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that’s kept and what reporting can and/or is typically done against it. 15.1.15 Full student life-cycle tracking and integration, Priority: High 15.1.15.1. Inquiries and prospects who are entered into the recruiting system should be tracked through to admissions and beyond. Recruitment doesn't end with admission - it transitions at the point of enrollment from recruiting to retention and then to graduation. A CRM should be able to track the same individual from inquiry and through all of these phases in real-time. Reporting on the movement of students through the process is key to understanding our success and predicting enrollment. Describe how this is achieved. 15.1.16 Communications Management, Priority: High 15.1.16.1. Any CRM must have the ability to serve as a communications tool with prospects, preferably over multiple modes (email, text, telephone, etc.). Ideally the system will also log and track communications, so that recruiters or others with access can see the nature and timing of communications already sent to the student as well as notes from conversations. Describe the recruiting communications capabilities. Also describe how groups of prospects/students can be identified by attributes (e.g., prospective enrollment date, level and major, etc.) in order to customize communication plans. 15.1.17 Client-managed reporting and query development, Priority: High 15.1.17.1. A CRM that has the availability and ability to report activities, responses, applications, etc. is a MUST and we shouldn't have to rely on someone writing SQL statements to get the data that we need. Point/Click or Drop/Drag reporting would be ideal. Describe the report and query development capabilities, how it’s made easy for a non-technical client, and when a technical resource is needed? 15.1.18 Ease of use for variety of back-office users, Priority: High 15.1.18.1. In order to be effective, the tool must be user-friendly and released to a cadre of users with oversight to help ensure consistent messaging and a coordinated communication plan. Data is critical and must be easy to ascertain from the
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system. Fields must be customizable in order for data to highly useful. 15.1.18.2. Describe how the solution meets the broad campus needs, varied at times by college and program, for easy and appropriate access to data and process. 15.1.19 Inquiry Management, Priority: High 15.1.19.1. Let us know how they learned about WSU, allows case management assignment of inquiries to admissions counselor, college adviser, transfer center, and tracks contacts and how many required for action. Describe how inquiry management is performed. 15.1.20 Duplicate checking, Priority: High 15.1.20.1. Required in the interface to Banner. Describe how duplicates are determined while in the prospects/recruitment database, at what point and how they’re identified in the interface to Banner, and when and how human review takes place when the logic can’t confidently determine a duplicate match. 15.1.21 Easily managed and integrated communication stream, Priority: High 15.1.21.1. Integrated communications should permit mergers of college communication into enrollment streams so communications appear to come as needed to student from a University wide coordinated plan. Describe how the solution allows for communications to be developed and initiated in a distributed way but managed and delivered in a singular, coordinated way. 15.1.22 Common record of contact logs, Priority: High 15.1.22.1. No matter where questions, issues or information is sought there is an ability across all appropriate individuals on campus to extract lists by action required. Describe the design elements of the integrated data source, areas that might not be tightly integrated, and how distributed access to this data is managed. 15.1.23 Assignment Rules, Priority: High
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15.1.23.1. Rules available by Territory, Campaign, Target management oversight. If this feature is available describe how recruit/prospect/student groups are identified and assigned to individuals responsible for that domain. 15.1.24 Email Template Builder, Priority: High 15.1.24.1. For marketing/branding of all communications. If this feature is available describe the primary properties of your email template builder. Is this solution provided through a 3rdparty? 15.1.25 Application Review Feature, Priority: High 15.1.25.1. Review for missing documents, for graduate studies specifications, direct admits to colleges, … Describe the review process and what design/features simplify it for participants, including those in the colleges where this might be very much a part-time job. 15.1.26 Analytics, Priority: High 15.1.26.1. Describe and provide visual samples of what analytics features are included. What specific analytics exist that allow us to easily determine which communications campaigns, events, processes etc. are working and which ones aren’t? 15.1.27 Simplified access/authentication, Priority: High 15.1.27.1. At what point during an inquiry are credentials required? Can they be optional and if so how can I be recognized upon a return visit to the site? Can social media logins (e.g., Facebook) be used? 15.1.28 Predictive model indexing, Priority: High 15.1.28.1. To have a recruitment team that is prioritized, organized and meeting the needs of the university, predictive model indices will be necessary to drive priorities--in communication, outreach, push to complete, etc. If this feature is available what predictive model indexing capabilities are delivered and what flexibility will we have in shaping the model parameters? 15.1.29 Event management including registration, Priority: High
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15.1.29.1. If this feature is available describe how (include screenshots) and what types of events can be defined. What’s required to publish these events on a website? How easy is it to target communications by prospect attribute and can that communications be automated? Can the event notices automatically be included in an applicant portal and can they be targeted to individuals based on applicant attributes? 15.1.30 Phone call management—outreach, Priority: High 15.1.30.1. Describe how phone call-based outreach campaigns are supported. How can target lists be assigned and details be captured? 15.1.31 Social Media integration, Priority: Medium 15.1.31.1. If this feature is available describe how communications campaigns and outreach efforts can leverage social media. Is this simple option of a communications campaign or a separately defined effort? 15.1.32 Multi-role support, Priority: High 15.1.32.1. Describe if and how an individual can exist in the system with multiple roles at the same time (e.g., WSU senior and Grad School recruit) or seamlessly transition from one role to another (e.g., PSEO to new direct from high school). 15.1.33 Flexible communication platform, Priority: High 15.1.33.1. Describe how communications can be 1:1 and 1:many and on which platforms--email, text, social media, phone, etc. 15.1.34 Tracking ROI for campaigns--dollars spent with true return, Priority: Low 15.1.34.1. If the solution provides for this please describe how. 15.1.35 Granular Role defined access, Priority: High 15.1.35.1. Describe how role-based access to data and restricted process can be defined. 15.1.36 References support, Priority: Medium
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15.1.36.1. If this feature is available describe how references can be solicited and supporting documents collected and linked to the perspective student. 15.1.37 Unofficial Document Tracking, Priority: Medium 15.1.37.1. Capability of adding unofficial documents to a list of requested documents for selected students in order to reflect the actual status of international applicants. These documents aren’t required as part of a common admissions process but are necessary for international student processing and requirements can vary by student. Incorporating this type of custom documents list into the applicant portal would improve coordination and communications. 15.1.38 Student Retention/Success, Priority: Optional/Future 15.1.38.1. An integrated early alert and communication system that tracks interventions and provides for data reporting to determine resource allocation. 15.2
Technical Requirements: 15.2.1 General 15.2.1.1. What method(s) are available for accessing, extracting and updating data if the solution is hosted? 15.2.1.2. Is sensitive data encrypted at rest and in transit? 15.2.1.3. What on-demand access to system logs will we have? 15.2.2 System Architecture 15.2.2.1. Describe the architecture of your system. (Client-Server, Web-based, N-tier, etc.) Describe the role of each system component within that architecture. Identify components which are "added on" (e.g., Crystal Reports, software address cleansing, duplicate checking software), which components are optional, which components come from a third party, and which components must be provided by WSU. 15.2.2.2. If you are providing a service to be hosted by WSU, identify hardware (computers, routers, etc.) and software
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(databases, clients, servers, browsers, and plug-ins) alternatives for all of the components within your system. When there is no alternative, describe why that is the case. Include descriptions of components you expect to be externally supplied. 15.2.2.3. Describe all technical standards and/or specifications to which your system complies. (W3C or Supported Browsers, IEEE, DOD, etc.) The description should address standards and/or specifications for security, communications, userinterfaces, and so forth. Note any external certifications of conformance to those standards. 15.2.2.4. Describe all existing interfaces to externally supplied systems. Include interfaces to authentication and authorization services, exposed web services, centralized logging facilities, and service monitoring facilities. (Active Directory, LDAP, SAML, federated authentication, identity management, SOA, SNMP, Message Brokers, Service Buses, etc.) 15.2.2.5. If your proposal includes hosting the system, describe how your system is designed to keep your customers isolated from each other. Identify each component that is shared by multiple customers. Your response should address issues of security, availability, and performance. 15.2.3 Authentication, Authorization and Security 15.2.3.1. Can your product use of the University’s authentication system (AD/LDAP)? (If all user account IDs - for prospects, students, administrators, alumni, etc. – are created by the University, can your CRM solution use the Universityprovided ID for all authentications?). Please describe options for ID creation and authentication. 15.2.3.2. If IDs and passwords must be maintained separately from the University’s authentication system, can users securely change their own passwords? Can strong-password criteria be changed by the University, as University security standards change? Can the system be configured to expire user passwords periodically, as defined by the University? 15.2.3.3. Identify and describe all roles that can be assigned to users within the system, as well as the system's mechanism for managing those roles. Describe the level and flexibility to
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which roles can be used to restrict access to your system's data. 15.2.3.4. Describe the user management features for your system. How can user identities for your system be matched to WSU user identities and how can user information changes (passwords, roles, etc.) be propagated from WSU systems to your system? 15.2.3.5. Describe how user access (successful and unsuccessful) is logged by your system. What options exist for integrating the logging features of your system with external monitoring systems? 15.2.3.6. Describe in detail how information is protected in your system when it is stored as well as when it is in transit across a public or wireless network. (Encryption, Account Locking, Password Changes, Authentication, Password Expiration, etc.) 15.2.3.7. Identify all sensitive information to be stored within your system. Describe any specific data protection features of your system related to this information. (SSN, FERPA, HIPAA, etc.) 15.2.3.8. Does the system provide appropriate controls to ensure data integrity (input validation, checksums of stored data, transaction redo logs)? 15.2.3.9. If data is hosted by the University, will the vendor require remote access to restricted or sensitive data? If yes, describe the circumstances under which access will be needed, and describe how access is restricted and controlled. Will those with privileged access be uniquely identified? 15.2.3.10. Are the following activities logged? 15.2.3.10.1. System maintenance by technical staff (whether University or vendor staff) 15.2.3.10.2. Access of restricted or sensitive data logged 15.2.3.10.3. Access of audit reports or the audit database
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15.2.3.11. Does logging specify data element/record accessed? Does it specify the action taken (view, modify, delete)? 15.2.3.12. How and when is data archived and purged? Does the system provide audit log data management (University defined retention/purge; archival; maintenance of integrity after deletion of UserID)? 15.2.3.13. Does the vendor/developer have, and exercise, a process to monitor and test their software, when security patches for the operating system are released? 15.2.3.14. Where your software is installed, will the automated patch management running on the host operating system continue to operate effectively? 15.2.3.15. Describe in detail what data (of any type) is stored by your system on end-user workstations. Is that data protected? If so, how? 15.2.3.16. Describe how your system protects user sessions. (Encryption, Session Timeouts, Forced Logouts, Session Hijacking, Spoofing, etc.) 15.2.3.17. If you are proposing a hosted solution, please describe: 15.2.3.17.1. The physical security of the data center(s). (Access Control, Fire Prevention, etc.) 15.2.3.17.2. How you protect your networks and the computers that reside on those networks. (Firewalls, Virus Protection, Periodic OS Updates, etc.) 15.2.3.17.3. How you dispose of decommissioned data storage equipment. 15.2.3.17.4. Your off-site backup facilities, how you transport data to those facilities, and the extent to which you protect the data in transit. 15.2.3.17.5. Your procedure for timely termination of user access, as needed. 15.2.3.17.6. Host security standards for servers, and for checking them whenever changes are made to the security configuration.
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15.2.3.17.7. The patch management process for servers. 15.2.3.17.8. The information security audit or evaluation program. 15.2.4 Disaster Recovery 15.2.4.1. If your proposal includes hosting the system, describe your current disaster recovery capabilities. Identify redundant components and data centers. How quickly could you expect to recover from the catastrophic loss of a data center? How frequently do you perform disaster recovery tests? If applicable, your response should address subcontractors as well. 15.2.4.2. If your proposal includes delivering a system to be hosted by WSU, describe system features that will assist WSU with disaster recovery. 15.2.5 System Integration 15.2.5.1. Describe how your system integrates with Banner. Include integration options and to what degree the integration is provided vs. what WSU would be required to build. 15.2.5.2. If you are proposing a hosted solution:
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15.2.5.2.1.
What is the standard service level agreement (SLA) regarding availability? Please provide a sample SLA.
15.2.5.2.2.
How are upgrades and patches handled to minimize downtime?
15.2.5.2.3.
How are hardware and software changes introduced and managed within the environment to minimize unintended impacts?
15.2.5.2.4.
How are outages communicated to customers?
15.2.5.2.5.
Do you have designated and isolated Development, Test, and Production environments?
15.2.5.2.6.
Do you have documented policies, procedures, and practices for your control environment?
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15.2.5.2.7.
Can this application be deployed inside our own enterprise portal with our own single signon authentication?
15.2.5.2.8.
How do we get access to a test environment during the initial implementation? For ongoing testing? 15.2.6 Scripted Demos Note: While the script items below may be reordered and combined the vendor must identify the script items by number as they address them as well as identify any items they can’t demonstrate and why. It is important that the evaluation team is able to easily follow and reconcile the scripted items throughout the demonstration and we expect the vendor to make that a simple task for the group. 15.2.6.1. Student Facing 15.2.6.1.1.
Demonstrate online inquiry and application forms. Demonstrate automated acknowledgements, correspondence, and audit history. Demonstrate how email acknowledgements are generated upon submission of online inquiry or application. Demonstrate how the online application can be prepopulated with student information when the student already exists within the system. How can the forms be customized to meet institutional preferences and needs? If they are customized, what are the technical support ramifications? What does the back end look like and how can reports be generated. What online technical support exists, and for how long?
15.2.6.1.2.
Demonstrate self-service application status checks, incomplete document checks, etc.
15.2.6.1.3.
If reference functionality exists demonstrate how requests to a student’s references are generated and how the references electronically submit their text and/or document(s).
15.2.6.1.4.
Demonstrate how the student will receive their WSU credentials.
15.2.6.1.5.
Demonstrate how students can create/access a copy of their admissions letter.
15.2.6.2. Technical
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15.2.6.2.1.
Demonstrate the ability to build an application (form) with conditional logic. How would you use this conditional logic for a student that wants to apply for more than one program? What staffing needs/or expertise is needed when changes to an application that has a great deal of conditional logic need to be made. Demonstrate how university staff can make updates to an online inquiry or application form when new programs come online, create new applications for programs that need a streamlined application (transient students, continuing education, non-degree, etc.). Also, demonstrate the way to quickly break a form that has significant amount of conditional logic.
15.2.6.2.2.
Demonstrate how web-based “supplemental” or “secondary” applications can be created and affixed to the student file (i.e., not simply as attachments).
15.2.6.2.3.
Does this system have document imaging/scanning capabilities? Demonstrate how this works and integrates with Banner Xtender.
15.2.6.2.4.
Demonstrate how and when a student gets credentials. Where would they need to use these credentials? Is there a way for a student to be able to “single sign-on”? What level or effort is needed to make this happen? Can this information be used in an existing student portal, or are all new credentials given for each portal?
15.2.6.2.5.
Demonstrate how tables and institution set validation rules interact. How much of this process is automated?
15.2.6.2.6.
Demonstrate how new data fields are added to the CRM. Can these be user-type specific? What are the cautions when adding fields to the CRM?
15.2.6.2.7.
Demonstrate ability to suspend out of state applications for review of program; or smart logic which prohibits out of state students from specific states from applying for specific on-line programs.
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15.2.6.2.8.
Demonstrate the ability to remove programs from the application list based on the semester selected (for programs with semester specific entry terms).
15.2.6.3. Data Entry/Back Office
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15.2.6.3.1.
Demonstrate how the system handles the addition of external data, such as batch loads of ACT/SAT/GRE/GMAT, etc. and new inquiries. How is the system designed to accommodate flags or indicators for student records, such as EPS market segments, predictive modeling codes? Tell us about handling batch loads like ACT/SAT/GRE/GMAT scores.
15.2.6.3.2.
Demonstrate how the system handles multiple mailing addresses, email addresses, phone numbers, and other demographic data. Demonstrate name look-up, including search by previous name, address, phone number.
15.2.6.3.3.
Demonstrate how data is checked for duplicates. Both on the way into the system (what are the matching components) and once already in the system. Demonstrate how the system processes documents that are submitted for non-applicants. Show how these are later matched to the student’s application. Demonstrate the process for merging the record to end the duplicate record. How do you match the data and maintain communication history, source code history, etc. when merging records?
15.2.6.3.4.
Demonstrate how a student can exist in multiple statuses at one time. For example, applying to undergraduate admissions and graduate admissions for the same term. Or applying to two different graduate programs. Or applicant to undergrad and recruit to grad.
15.2.6.3.5.
Demonstrate how a student’s application can be updated or backdated to a different term.
15.2.6.3.6.
Demonstrate how a data processor would use the system to manage the student’s application. What does it look like, how many layers of user access can be assigned/drilled down (for example if in the
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conditional logic application a student is a graduate student, can you tie that data down to only be available to specific users?) 15.2.6.3.7.
Demonstrate how data from this system can easily transfer in/out of Banner. What is your data transfer process? Is this transfer automatic, timed to happen at specific points during the day, etc.? Are there limits/constraints or costs associated with these transfers and if so explain.
15.2.6.3.8.
Demonstrate the systems tele-counseling capabilities. Demonstrate free-form notes for tele-counselors. How many pages of free-form notes are available? Can tele-counselors access the web from the system, and can tele-counselors trigger communication? How are groups of students pulled for calls? Can calls be automatically dialed with the subsequent call pulled up for dialing upon completion of the previous call?
15.2.6.3.9.
Demonstrate how contacts with students are entered/stored (both manually and batch entry) and then create/demonstrate a report that tracks the success of these contacts with a student throughout the stages of the enrollment funnel (inquiry through matriculation).
15.2.6.4. Workflow
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15.2.6.4.1.
Demonstrate how a prospective student flows through the process of being an inquiry through becoming admitted, please display all steps involved in this process. Show how a prospect’s status changes as they complete all steps along the way from inquiry, application, admitted, etc.
15.2.6.4.2.
Show an integrated campaign across channels in a timeline or chart, not as individual pieces. Can the prospect be placed into the communications plan past the beginning point?
15.2.6.4.3.
Demonstrate how the system handles applicants who are deficient in key areas under a liberal admission policy. For example, looking at GPA and college prep curriculum, and ACT Score, and if the student does not meet two of the three criteria… how can they be
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identified for a more thorough review. Demonstrate how a student that exceeds a set of requirements can be targeted for direct admission into a college or program. 15.2.6.4.4.
Demonstrate how the work flow process occurs/works. How can workflow tasks be assigned to other university faculty/staff for follow-up? Demonstrate functionality/security of user platforms, transfer of tasks from one user’s queue to another, supervisory interactions, etc.
15.2.6.4.5.
Demonstrate how to make the assignment of an advisor mandatory, both for a manual assignment and automated, to the admissions workflow.
15.2.6.4.6.
Demonstrate an electronic admission petition process including workflow capabilities.
15.2.6.4.7.
Demonstrate the integration with our online payment vendor to accept admissions application fees, deposits, etc. Demonstrate the ability to create coupons or promo codes in order to waive fees. Can these coupons/promo codes have an expiration date? How do you show payment deferrals? How do you show that a waiver has been given to a student?
15.2.6.4.8.
Demonstrate for international students how the system will interface with the new SEVIS System and requirements. Show how the system handles/tracks the issuance of an I-20 visa.
15.2.6.5. Reporting 15.2.6.5.1.
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Demonstrate how new inquiries or applicants can be identified as missing desired information. For example, for inquiries would be that the name and address are entered, but the phone number is missing; we want to go back at to the student and get the phone number. An example for applicants would be that the application comes in, but is missing a transcript and test scores. We want that student automatically identified for communication to request the appropriate missing information.
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15.2.6.5.2.
Demonstrate how an end-user can run/generate reports. What “canned” reports come with the system? What tools are used in customizing existing reports, or in the generation of new reports to ad-hoc reports? Can reports be accessed from off-campus? What format can reports be generated in (paper, screen, email, excel, etc.) Additionally, demonstrate how a report can be generated based on source information (first source data report and query to show all students with specific source). Demonstrate ways that this report can be used.
15.2.6.5.3.
Demonstrate how the system can manage/track applicant targets and goals online. For example, for the recruitment of minority students, applications, orientation, registration, matriculation.
15.2.6.5.4.
Demonstrate the integration of raw numbers/data with graphics in reports. Demonstrate any survey functionality. Demonstrate how we can leverage answers for things like updating score card information, sending communication, etc.
15.2.6.6. Communication
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15.2.6.6.1.
Demonstrate the automated features of your communication suite. Demonstrate how groups of students (and individual students) move through the funnel are pulled and targeted to receive communication? Communications to include: emails, letters, phone calls, etc. How much is automated versus needing to be triggered each time. What communication is created and stored when a student inquiries, applies, attends an event?
15.2.6.6.2.
Demonstrate a communication plan from creation to installation to functionality, how much is automatic versus other trigger mechanisms? Demonstrate how communications are tied to Social Media. Are there any ties directly with Sprout Social?
15.2.6.6.3.
Demonstrate how communication information is formatted and placed into the communication plan. What variables exist as to how and what type of formatted documentation can be created. How are groups targeted to receive specific correspondence?
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How is communication triggered, changed, and or stopped? Is this a completely manual process? Demonstrate how all communications are a part of an audit trail on the student record. 15.2.6.6.4.
Demonstrate how the system produces mass groups of email messages (both text and HTML formats) that are personalized for each recipient. Demonstrate how the same can be done for paper communication.
15.2.6.6.5.
Demonstrate how the communication for applications with missing information is automated. Demonstrate how that communication can be delivered via letter, email, phone call, etc. How is that communication personalized to that student’s record?
15.2.6.7. Event Management 15.2.6.7.1.
Demonstrate event management from small daily visits to large-scale open house. This will include orientation sessions. Show how payment can be tied in. Show how managers can see ROI, recruiters can use for day-to-day outreach, and how communications are handled about the events. Demonstrate a best in business event model that show how the system can help with planning, data management, registration, check-in, and gauge student experience. Demonstrate tools/functionality of recruitment management. Demonstrate appointments, travel, college fairs, school visits, expenses, notes, etc.
15.2.6.8. Retention
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15.2.6.8.1.
Demonstrate how to create a personalized e-mail with a link giving the students the ability to schedule an appointment. Can the system check against enrollment records for 6 graduate credit hours (for assistantships).
15.2.6.8.2.
Demonstrate how to create a form and workflow necessary to submit a program of study. Is there an ability to cross check that program of study against a student’s registration record? Is there an ability to alert students if a course they have registered for is not on their program of study?
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15.3
15.2.6.8.3.
Demonstrate how to create an alert notifying students approaching their graduation credit hour limit they need to apply for graduation.
15.2.6.8.4.
Demonstrate how to create an alert/e-mail notifying students their account will become inactive if they don’t register.
Financial Responsibilities of the Contractor(s): 15.3.1 The Contractor shall submit separate invoices if requested by the University, in duplicate, to Accounts Payable, 301 University hall, Wright State University, Dayton, Ohio 45435. 15.3.2 The contractor may be audited as outlined in section 11.3 titled “Right to Audit”.
15.4
Personnel Requirements of the Contractor 15.4.1 The Contractor will provide an adequate staff of employees to comply with the agreed to staffing necessary to fulfill the requirements of any resulting contract. 15.4.2 The contractor shall be required to ask questions on its employment application which include at a minimum, the following: Convictions Have you ever been convicted of a felony (ie: burglary, rape, murder, and/or other serious crimes)? ____ Yes
____ No
If yes, list convictions below. (Note: A conviction may or may not have resulted in confinement. A record of conviction is not an automatic bar to employment). Date of Conviction City & State
Charge
Penalty Assessed
_____________________________________________________ _____________________________________________________ _____________________________________________________
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•
If the contractor has a form in use with similar wording, it shall be submitted for approval prior to commencement of a contract.
•
Contractor shall be willing to share employment applications or background checks with the University upon request.
•
If the contractor uses a third party company to conduct criminal background checks, this will fulfill the above requirement in lieu of the contractor asking the question on its employment form.
16. DURATION, TERMINATION AND TERMS OF CONTRACT 16.1
Award shall be made within sixty (60) days of bid date and it is anticipated that the commencement date of this proposed contract is March 23, 2015 or as soon as feasible thereafter. The University may request an extension of a term up to ninety (90) days beyond the scheduled expiration date.
16.2
In the event the selected Contractor breaches any of the terms and provisions of the contract, the University reserves the right to accurately and specifically describe the unsatisfactory condition in a written notice to the Contractor and expect that this be corrected within a thirty (30) day period from the date the notice is received by the Contractor. If the described condition is not corrected satisfactorily within this time period, a thirty (30) day notice of cancellation of the contract may be given to the Contractor, by registered or certified mail. Upon providing such written notice, the University may solicit the services or support described herein from other sources and may hold the Contractor responsible for any and all excess costs or for any and all losses occasioned thereby. A meeting may be called by either party to review problem resolution.
16.3
If, during the term of the contract, a Contractor should be adjudged bankrupt, become insolvent, make general assignment for the benefit of creditors, cease conducting business in the normal course, suffer or permit the appointment of a receiver for its business or assets, or shall otherwise become the subject of proceedings under the Federal Bankruptcy Act or any other statue of any state relative to insolvency or protection of rights of creditors, then the University may issue a written notice of termination of the contract by registered or certified mail to the Contractor and may terminate the contract immediately and without further notice.
16.4
Non-Appropriation of Funds. A resultant agreement may be canceled without further obligation on the part of the University in the event that sufficient appropriated funding in unavailable to assure full performance
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of its terms. The vendor will be notified in writing of such nonappropriation at the earliest opportunity. 16.5
The failure of either the Contractor or the University to insist upon strict performance of any of the terms or conditions of the contract shall not be construed as a waiver or relinquishment of the future of any such term or condition and the same shall be and remain in full force and effect.
16.6
If either party is prevented from performing under the contract because of fire, explosion, water, civil disorders, labor disputes, vandalism, acts of God, energy related closings, other casualties, or other disturbances beyond the control of either of the parties, the disruptions shall not be considered a default of the terms of the contract.
16.7
Either party to the contract may make a written request for a review of its provisions and terms at any time and may agree to amend to revise any or all provisions and terms. All such mutually agreed upon adjustments must be in writing, signed by the authorized representatives of both parties, and the contract amended to include same.
16.8
Neither party shall assign or transfer the contract or any part of same nor enter into any subcontracts for services under this contract without the prior written approval of the other party. This includes the contractor’s ability to assign all or a portion of the support and corresponding display to a third party.
16.9
The Contractor will provide services / products as described herein as an independent Contractor of the University, not as the University’s agent or representative. The Contractor shall not, in any manner, use the credit or the name of the University in connection with its business or affairs except as specifically authorized in the contract or as approved in writing prior to such use by the University.
17. CONFIDENTIAL INFORMATION 17.1
Any and all information, the release of which is prohibited by state or federal law or regulation, is subject to the protections of the Family Educational Rights and Privacy Act (FERPA), or protected by the Gramm Leach Bliley Act (GLBA) and obtained by the Contractor resulting contract constitutes Confidential Information.
17.2
Contractor agrees to hold the “Confidential Information” in strictest confidence. Contractor shall not use or disclose Confidential Information received from or on behalf of University or any of its students, faculty, or staff except as permitted or required by contract or by law, or as otherwise agreed to in writing by University. The Contractor shall implement, maintain, and use appropriate administrative, technical, and
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physical security measures to preserve the confidentiality, integrity, and availability of all electronically maintained or transmitted Confidential Information. 17.3
Service Organization Control Report(s) requirements; see Paragraph 31. This paragraph may or may not be applicable for this proposal.
18. EVALUATION OF AWARD 18.1
This invitation to negotiate is part of a competitive procurement process which helps to serve the University’s best interests. It also provides companies with a fair opportunity for their services or support to be considered. The Invitation to Negotiate or (ITN) process of competitive negotiation should not be confused with the Request for Proposal (RFP) process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be precisely described and price is generally the determinative factor. With competitive negotiation, however, price is not required to be the determinative factor, although it may be, and the University has the flexibility it needs to negotiate with firms to arrive at a mutually agreeable relationship.
18.2
In the event that funds for all of the items are not appropriated or are withdrawn, Owner reserves the right to award only some of the items, depending on the costs. If this is the case, negotiations will be undertaken with the selected vendor.
19. BASIS AND METHOD OF SELECTION 19.1
Award will be made to the Contractor who is determined by the University to be the most responsive and responsible firm best suited to best meet the needs and objectives of the University community. The University reserves the right to reject any or all proposals if they are in its discretion judged unacceptable, to waive any technical or formal defect therein, to accept or reject any part of any proposal, and to award the contract to other than the contractor proposing the highest level of support according to its own judgment of its best interests.
19.2
In considering award of a contract, the University will consider a number of factors in combination in the evaluation of the proposals submitted in addition to cost. These factors will include, but not be limited to, the following which are not listed in order of importance: 19.2.1 The composition of the firm, including the key personnel committed to this project, and the contractor's capacity to provide high quality services. 19.2.2 The quality and comprehensiveness of the proposal.
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19.2.3 Past experience with the University as well as the contractor's references as requested in Paragraph 24. 19.2.4 The number of years in business while operating under the name of the Proposer. 19.2.5 Any other factors relevant to the Contractor's capacity and willingness to satisfy the University. 19.2.5.1. Price, although a factor will not be the sole determining factor in award of the agreement. 19.3
Wright State University shall be the sole judge as to whether items proposed satisfy the conditions of the bid.
20. FORMATION OF THE AGREEMENT 20.1
All proposals received will be carefully evaluated by the University. The University may then conduct final negotiations with one or more contractors to arrive at a mutually agreeable contract or multiple contracts.
20.2
The University may determine to make awards based on the proposals as submitted without negotiation. Therefore, each contractor must include in its written proposal all requirements, terms, or conditions it may have and should not assume that an opportunity will exist to add such matters after the proposal is submitted.
20.3
The University will award any resulting contract or contracts to the selected firm as follows: 20.3.1 Both parties will execute a mutually satisfactory written agreement based on this Invitation to Negotiate, the proposal submitted, and the result of any clarifications or negotiations. Any subsequent changes to the contract shall require a formal amendment.
21. PREPARATION OF PROPOSALS 21.1
Proposals shall be accompanied by the Proposal Statement printed on goldenrod paper starting with Paragraph 23, “ITN” Proposal Form. All applicable blank spaces shall be filled in, typewritten or handwritten (printed) in ink.
21.2
The statement shall indicate the full name of the company submitting the proposal and shall bear the signature of a principal duly authorized to execute contracts for the firm. The name of each person signing the proposal shall be typed or printed in ink below the signature(s).
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22. PROPOSAL RESPONSE 22.1
It is the desire of the University to receive comprehensive proposals. In order to be considered responsive, it is required that firms respond to all questions. Responses must be received by the Purchasing Department prior to the appointed due date and time for this ITN process. 22.1.1 It is the responsibility of the Contractor to attach any additional information necessary to fully explain the intent of its proposal. Excessive references to pre-published, supplementary or attached documents will be view negatively. Furthermore, if responses do not specifically answer the question given, they will be viewed as unresponsive and no credit will be given during evaluation. 22.1.2 Bid process results and any contract resulting from your response will be considered as public information unless clearly marked as “proprietary information” in your submittal to this ITN process.
22.2
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ITN Schedule of Events (Estimated) ITN Release
Wednesday December 10, 2014
Deadline for Questions
Wednesday December 17, 2014 @ 3:00 p.m.
Proposals Due
Tuesday January 13, 2015 @ 3:00 p.m.
Presentations/Negotiations
Week of January 26, 2015
Contract begins
Monday March 23, 2015
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“ITN” PROPOSAL FORM 23. PROPOSAL SUBMITTED BY: Company: ________________________________________
INVITATION TO NEGOTIATE NO. 602314 CUSTOMER/CONSTITUENT RELATIONSHIP MANAGEMENT (CRM) SOLUTION WRIGHT STATE UNIVERSITY TO:
Wright State University Purchasing Department Mary J Pasquinelli, Strategic Procurement Specialist II 301 University Hall 3640 Colonel Glenn Highway Dayton, OH 45435
COMPLETE AND RETURN THIS PROPOSAL FORM Please submit one (1) clearly marked original, one (1) paper copies (2 total ITN’s) and one (1) electronic version The undersigned proposer, in response to your Invitation to Negotiate for the above named project, having examined the ITN documents and the site, and being familiar with the conditions surrounding the proposed project, hereby proposes to provide Customer/Constituent Relationship Management (CRM) Solution as described herein in an acceptable professional manner equal to or exceeding industrial practices in the marketplace. Proposer understands that the University reserves the right to reject any and all proposals, make partial awards, or waive irregularities or technicalities in any proposal, and to accept any proposal in whole or in part which ever is deemed to be in its best interest.
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Proposer agrees that the offer(s) contained in its proposal may not be withdrawn for a period of sixty (60) calendar days after “due date” of the proposals. Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that proposer has not directly or indirectly included or solicited any other firm to put in a false or sham proposal; (c) that firm has not solicited or induced any person, firm, or corporation to refrain from sending a proposal.
Date: ____________________________ Name of Firm: _______________________________________ Corporate mailing address:
________________________________ __________________________________ __________________________________
Name of Principal Officer:
__________________________________
Title of Principal Officer:
__________________________________
Corporation organized under the laws of: ______________________ State
Number of years in business: ________ Years Number of employees on staff:
Full Time________ Part Time_______
Person to contact regarding this proposal: Signature:
___________________________________
Print:
___________________________________
Title:
___________________________________
Telephone: ( Email:
602314
)______________
Fax: (
)____________________
___________________________________
45
24. REFERENCES: Please provide a minimum of three (3) references of companies or institutions which you have provided similar services to in the last five (5) years. Universities are preferred. Reference No. 1 Company:
__________________________________
Address:
__________________________________ __________________________________
Type of Business: __________________________________ Description of Services: ___________________________________________________ ___________________________________________________ Average number of workers required: __________________ Contact person: ____________________________________ Title:
____________________________________
Phone:
(___)_______________
Fax:
(___)_______________
Email:
____________________________________
Reference No. 2 Company:
__________________________________
Address:
__________________________________ __________________________________
Type of Business: __________________________________ Description of Services: ___________________________________________________ ___________________________________________________
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Average number of workers required: __________________ Contact person: ____________________________________ Title:
____________________________________
Phone:
(___)_______________
Fax:
(___)_______________
Email:
____________________________________
Reference No. 3 Company:
__________________________________
Address:
__________________________________ __________________________________
Type of Business: __________________________________ Description of Services: ___________________________________________________ ___________________________________________________ Average number of workers required: __________________ Contact person: ____________________________________ Title:
____________________________________
Phone:
(___)_______________
Fax:
(___)_______________
Email:
____________________________________
25. SUBCONTRACTORS Please list any subcontractors proposed to be utilized in the performance of any resulting contract: Name:
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__________________________________
47
Address: __________________________________ __________________________________ __________________________________ Contact Person: ____________________________ Title:
______________________________
Phone:
(
)
Fax:
(
)______________________
___________________
Note: Attach any additional information if more than one subcontractor.
26. SUBMISSION OF PROPOSAL The aforementioned vendor proposes to provide Customer/Constituent Relationship Management (CRM) Solution for Wright State University, in accordance with the requirements as described in this ITN.
27. PAYMENT TERMS Any cash discounts offered will be accepted and the buyer will endeavor to use same. However, only 20 days or more discounts will be considered in computing the net figure of your bid for award decision. Wright State University’s preferred payment terms from all suppliers are 2% cash discount if paid within 20 days. Do you accept the 2% - 20 payment? YES____
NO____
If no, what payment terms do you agree to? ________________________
28. PRICING INFORMATION 28.1
Please submit a detailed proposal summarizing how your company would implement a best in class Customer/Constituent Relationship Management (CRM) Solution (see Paragraph 15 Specifications for details).
28.2
If contractor takes exceptions to any of the University’s terms, conditions and/or specifications, it shall be noted on a separate document and titled “Exceptions to ITN 602314”.
28.3
Does the Vendor agree to extend any resulting contract to any member school of the IUCPG that may wish to utilize the contract at their college or university? Each school would be required to enter into its own contract.
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________ Yes
________no
29. AUTHENTICATION OF PROPOSAL By submitting this proposal, Contractor verifies that there has been no collusion with any other proposer or planned attempt to limit competition by artificially inflating or fixing pricing. Contractor also verifies that it intends to offer services at the level specified herein and does not intend to provide substandard services which are unacceptable to the industry.
30. CONFLICT OF INTEREST Furthermore, by submission of its proposal, the Proposer certifies that no known relationship exists between the Proposer, its employees, owners, officers or shareholders and Wright State University, its employees or any member of their families. The Proposer must make full disclosure of any known relationship or potential conflict of interest.
31. SERVICE ORGANIZATION CONTROL REPORT(S) When applicable, in order for your proposal to be acceptable, the University requires a copy of all “SOC 1” and “SOC 2” Service Organization Control Reports (SOC Reports) to be included with this proposal. These reports will be a component of the evaluation process. Service Organization Control Reports replaced their predecessor “SAS 70” Audit Reports. The SOC 1 Report reports on controls at a service organization relevant to user entities’ internal controls over financial reporting and will be conducted in accordance with Statement on Standards for Attestation Engagements (SSAE) 16. The SOC 2 Report reports on controls at a service organization relevant to security, availability, processing integrity, confidentiality, or privacy and will be conducted in accordance with AT Section 101 of the AICPA Professional Standards. The SOC 1 Report helps users of service organization services and their auditors in evaluating the effect of the controls at the service organization on the user’s financial statements. The SOC 2 Report help provide assurance to users of service organization services on the security, availability and processing integrity of the systems the service organization uses to process users’ data and the confidentiality and privacy of the information processed by these systems. The demonstration of these controls by service providers is imperative when users are relying upon these controls to process transactions and report upon them. If one or both of these reports are issued to your organization, they must be included with this proposal. Are copies of the Service Organization Control Reports included with this proposal? SOC 1
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YES_____
NO_____
49
SOC 2
YES_____
NO_____
32. PROHIBITION OF OFFSHORE OUTSOURCING The Contractor affirms to have read and understands Executive Order 2011-12K and shall abide by those requirements in the performance of this Contract, and shall perform no services required under this Contract outside of the United States. http://www.governor.ohio.gov/Portals/0/pdf/executiveOrders/EO%20201112K.pdf The Contractor also affirms, understands, and agrees to immediately notify Wright State University of any change or shift in the location(s) of services performed by the Contractor or its subcontractors under this Contract, and no services shall be changed or shifted to a location(s) that are outside of the United States. The Contractor also agrees to disclose if requested by Wright State University all of the following: • The location where all services under this Contract will be performed by the Contactor or any subcontractor; • The location where any state data associated with any of the services the Contractor is performing under this Contract, or seek to provide will be accessed, tested, maintained, backed-up or stored; • The principle location of business for the Contractor and all subcontractors who are supplying services under this Contract. If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. Wright State University, is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to Wright State University all funds paid for those services. Wright State University may also recover from the Contractor all costs associated with any corrective action Wright State University may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States. Wright State University may, at any time after the breach, terminate the Contract, upon written notice to the Contractor. Wright State University may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party. If Wright State University determines that actual and direct damages are uncertain or difficult to ascertain, Wright State University in its sole
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discretion may recover a payment of liquidated damages in the amount of two percent of the value of the Contract. Wright State University in its sole discretion, may provide written notice to Contractor of a breach and permit the Contractor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, Wright State University may buy substitute services from a third party and recover from the Contractor any costs associated with acquiring those substitute services. Notwithstanding Wright State University permitting a period of time to cure the breach or the Contractor’s cure of the breach, Wright State University does not waive any of its rights and remedies provided Wright State University in this Contract, including but not limited to recovery of funds paid for services the Contractor performed outside of the United States, costs associated with corrective action, or liquidated damages. The Contractor will not assign any of its rights, nor delegate any of its duties and responsibilities under this Contract, without prior written consent of Wright State University. Any assignment or delegation not consented to may be deemed void by Wright State University.
33. SUSTAINABILITY / “GREEN” PRODUCTS Wright State University will consider purchasing certified “green” products when available. If you are able to provide an equivalent alternative “green” product, please do the following: •
Quote the standard product(s) as specified (“non-green”) on the appropriate lines of this document.
•
If you are able to quote an equivalent certified “green” product, please note under your standard pricing the following note: “See attached alternative green product pricing.” It is the responsibility of the supplier to then fully describe the product and list the applicable price and delivery.
The University will consider buying “green” products when the pricing is comparable to the standard product pricing. The decision is solely that of the University.
34. OHIO REVISED CODE 9.24 Ohio Revised Code (O.R.C.) Section 9.24 effective January 1, 2004, prohibits the State from awarding a contract to any offeror(s) against whom the Auditor of State has issued a finding for recovery if the finding for recovery is “unresolved” at the time of award. By submitting a proposal, offeror warrants that it is not now, and will not become subject to an 602314
51
“unresolved” finding for recovery under O.R.C. 9.24, prior to the award of any contract arising out of this ITN, without notifying the University of such finding. BY signature authority below, I do hereby confirm on behalf of the contractor that this proposal is genuine and has been prepared by an authorized agent of the company and that the company does not have any findings for recovery as noted above to the State of Ohio as witnessed below: __________________________________ Name __________________________________ Title
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35.
BUY AMERICA / BUY OHIO
PLEASE COMPLETE AND INCLUDE THE FOLLOWING THREE (3) PAGES WITH YOUR PROPOSAL Page 1 (Proposal Attachment) BUY AMERICA / BUY OHIO PREFERENCE TO UNITED STATES AND OHIO PRODUCTS: State of Ohio AM. H.B. 271 requires that preference be given to products produced or mined in the United States and in Ohio. A. BUY AMERICA Bids will be evaluated to determine that a Bidder’s offering is for a “Domestic Source End Product,” as defined in the Federal Buy America Act., 41 U.S.C.A., Section 10a-10d. Any Bidder’s offering that does not meet this requirement shall be rejected, except in those circumstances where a determination has been made that certain articles, materials and supplies are not mined, produced, or manufactured in the U.S., in sufficient and reasonably available commercial quantities and of a satisfactory quality. B.
BUY OHIO 1. Following the above determination, all remaining bids and quotations shall be evaluated so as to give preference to Ohio bids or bidders who are located in a border state, provided that the border state imposes no greater restrictions than contained in Sections 125.09 and 15.11 of the Ohio Revised Code. 2. Ohio products are defined as products mined, excavated, produced, manufactured, raised or grown in the state by a person where the input of Ohio products, labor, skill, or other services constitutes no less than 25% of the manufactured cost. 3. Bidders having a significant Ohio economic presence in terms of the numbers of employees or capital investment a bidder has in the state, shall qualify for award of contract on the same basis as if their products were produced in Ohio. 4. Where it has been determined that selection of the lowest Ohio bid, if any, will not result in an excessive price or a disproportionately inferior produce or service, the contract shall be awarded to the low Ohio bid at the bid price quoted. Where it is advantageous to award the contract to other than an Ohio bid or bid from a border state, then the contract shall be awarded accordingly. (“Excessive Price” shall be construed to mean a price that exceeds by more than five percent (5%) the lowest price submitted on a non-Ohio bid).
C.
HOW TO QUALIFY UNDER THESE PROGRAMS: To qualify for the domestic Ohio preference (Buy Ohio), or to qualify as having significant Ohio economic presence, pursuant to Sections 125.09 and 125.11 of the Ohio Revised Code and Section 123:5-1-26, of the Ohio Administrative Code, bidders must complete the information on the attached form and return it with their bid.
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Page 2
(Proposal Attachment)
BUY AMERICA CERTIFICATION The bidder hereby certifies that each product offered in this bid response is a domestic source end product pursuant to Sections 125.09 and 125.11 of the Ohio Revised Code and Section 123:5-1-26 of the Ohio Administrative Code, and the Federal “Buy America Act” and corresponding rules thereto. Exceptions are as follows: Item
________________________ ________________________
Mfg. Location
Item
________________________ ________________________
Mfg. Location
Item
________________________ ________________________
Mfg. Location
CERTIFIED:
_____________________________ (Name) _____________________________ (Title)
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Page 3
(Proposal Attachment)
CERTIFICATION FOR BUY OHIO/SIGNIFICANT OHIO ECONOMIC PRESENCE Failure to complete this form will result in the bidder receiving no consideration for Buy Ohio or Buy America preference. 1.
Do you have facilities within Ohio?
____ (yes)
____ (no)
Type of facilities:
____ Sales Offices ____ Manufacturing ____ Other
Please specify if “other” ______________________________ ____________________________________________________
2.
Do you pay taxes due the State of Ohio?
____ (yes) ____ (no)
3.
If the bidder is a corporation, are you Registered with the Secretary of State?
____ (yes) ____ (no)
Are products offered in this bid Manufactured in Ohio?
____ (yes) ____ (no)
If applicable, are the products offered Mined in Ohio?
____ (yes) ____ (no)
Are your products located in a border State that poses no greater restrictions Than those contained in Sections 125.09 And 125.11 of the Ohio Revised Code?
____ (yes) ____ (no)
4.
5.
6.
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