Request for Proposal


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Request for Proposal

Proposal No.

Date Issued

Method of Award

RFP-13-16

07/29/2015

NEGOTIATED

MOREHEAD STATE UNIVERSITY OFFICE OF PROCUREMENT SERVICES

Product or Service

ATTENTION: This is NOT an order. Read all instructions,

ACCREDITATION SOFTWARE APPLICATION

tenns and conditions carefully.

IMPORTANT: Scaled proposals 1nust be received by

.

SIGNATURE REQUIRED:

This proposal cannot be considered valid unless the vendor signs and prints or types his natne, flrtn address, telephone nutnber, and date b1 the spaces provided be/0111. A proposal signed by an agent is to be accontpanied by evidence of authority, unless such evidence has been previously fi1rnished the issuing office.

].

2.

3.

Arca Code

Telephone Nmnbcr

(606)

783-2018

Closing Date

Ti1nc

Location

08/18/2016

3:00PM

Procurement Services

l\tlail or Hand Deliver Copy to:

Morehead State University Office of Procurement Services 160 Old Cranston Road Morehead, KY 40351

Sealed proposals for furnishing the following will be received by Morehead State University, Office of Procurement Services, Morehead, KY 40351, until the date and time stated above. Please quote your single best net price on each item, unless a discount from list price is requested, delivered to the address specified, all transportation charges prepaid. Price shall include delivery as specified on invitation. To receive consideration, proposals must be made on this form and signed in full. Prices must be based on stated units and extended. Delivery guarantee must be shown.

AUTHENTICATION OF PROPOSAL AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040: ]. That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached proposal has been arrived at by the bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned com1non course of action with, any other vendor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or competition; 3. That the contents of the proposal has not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond fornished with the proposal and will not be communicated to any such person prior to the official closing of the proposals; 4. That the bidder is legally entitled to enter into the contracts with Commonwealth of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions ofKRS 164.390, 45A.330 to .340; and 5. That l have fully informed myself regarding the accuracy of the statements made above. NOTICE I.

Any agree111ent or collusion an1ong vendors or prospective vendors which restrains, tends to restrain, or is reasonably calculated to restrain co1npetition by agrcc111ent to bid at a fixed price, or to refrain frotn bidding, or otherwise is

2.

Any person who violates any provisions of Kentucky Revised Statute 45A.325 shall be guilty ofa felony and shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars, or be in1prisoned not less than one year nor 111ore than five years, or both such fine and i1nprison1nen1. Any finn, corporation or association which violates any of the provisions ofKRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars nor 1nore than t\ventv thousand dollars .

prohibited.

.

IMPORTANT: SIGN OFFER BELOW

Signed by

----

Printed Name Finn

--·---·-----

Address City

State

E1nail Area Code _ _ _ Telephone No.

Arca Code Date:

Fax No.

Zip Code ·-··-------·

RFP-13-16 Page 2 Request for Proposals Accreditation Application Software Morehead State University Morehead, Kentucky SECTION 1- GENERAL INFORMATION Project Description Morehead State University (MSU) is issuing this Request for Proposal ("RFP") for the purpose of finding a software solution that will provide ability to track and manage all data and reports required to facilitate the MSU's reaffirmation process with the Southern Association of Colleges and Schools (SACS). In order to simplify University's task of evaluating all of the proposals that will be submitted, we have developed a format in which all proposals must be prepared. Failure to adhere to this format or to omit any of the information that is requited may result in your firm's proposal being disqualified. The contract will be awarded to the vendor who best satisfies all of MSU's needs at optimum cost and service performance. Cost will not be the sole criteria for determining the contract award. Vendors shall state the purchase price of each individual line item on the Official Bid Price sheet. The University shall issue a firm, fixed-price contract for the services resulting from this RFP. Background Morehead State University (MSU) is a state supported comprehensive regional university offering degrees at the associate, baccalaureate and graduate levels. MSU is a regional public university with a student population of approximately 10,000 and employees 1,170 full-time employees. MSU has three regional campus centers in Ashland, Mt. Sterling and Prestonsburg. Additional information about MSU is available at http://www.morcheadstate.edu/aboutmsu. Anticipated Procurement Timetable RFP Issued Last Date to Submit Questions and Inquiries RFP Responses due

July 29, 2015 August 10, 2015 August 18, 2015

Submission of Proposals: COST PROPOSAL MUST BE INCLUDED UPON SUBMISSION, BUT SEALED SEPARATELY. All proposals must be executed by an authorized officer of the proposer and must be held firm for acceptance for a minimum period of 90 days after the opening date. Addenda or amendments, if any, should be signed, dated and included with the respondent's proposal submission. Failure to do so may be cause for rejection of the proposal. Acceptance of request for proposal issued by the Senior Buyer & Purchasing Card Administrator of Procurement Services indicated by submission of a proposal by responder, will bind responder to the terms and conditions herein set forth, except as specifically qualified in any addendum issued in connection tbetewith. Any alleged oral agreement or arrangement made by a responder with any agency or Senior Buyer & Purchasing Card administrator of Procurement Services, or an employee of the campus will be disregarded.

RFP-13-16 Page 3

Rejection of Proposals This solicitation does not commit Morehead State University to award a contract, to pay any costs incurred in the prepatation of a proposal or on-site presentation, or to procure or conttact for the articles of goods or services. The institution rese1ves the right to accept or reject any or all proposals received as a result of this request, or to cancel in part or in its entirety this proposal if it is in the best interest of the University. Failure to furnish all information may disqualify a respondent.

Contracting Condition The successful offeror and any entity or person directly or indirectly controlled by, under common control with, or controlling the offeror will not acquire any interest, direct or indirect, which would conflict in any manner or disagree with the performance of its services hereunder. The contractor further covenants that in the performance of the contract no person having any such known interest shall be employed. No official or employee of the State and no other public official of the State of Kentucky or the Federal Government who exercises any functions or responsibilities in the review of approval of the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest direct or indirect, in this contract or proposed contract.

Contract Awarding and Signing Contract awarding and signing will be contingent upon the Morehead State University receiving advice from approving authorities if necessary. The contract will be an incorporation of the contents of the RFP as well as negotiated terms and conditions.

Payment and Invoice Provisions All invoices shall be forwarded to Morehead State University - Assistant Vice President for Academic Affairs. Invoices must show an itemized list of charges by type of equipment, service, etc. Payment will be made in accordance with applicable State of Kentucky accounting procedures upon written acceptance by MSU Assistant Vice President for Academic Affairs.

Proposal Evaluation The MSU Evaluation Committee and Senior Buyer & Purchasing Card Administrator of Procurement Services will evaluate all proposals to ensure all requirements are met. The contract will be awarded on the basis of the proposal that receives the highest cumulative point total as defined in the evaluation criteria.

SECTION 2 - SCOPE OF WORK Purpose To provide a comprehensive software system that will facilitate the data collection and reporting needs associated with MSU's SACS reaffirmation process.

Accreditation Software Application Specifications/Technical Requirements: For each specification listed below, Bidder shall respond Y (yes) if Bidder's current version of its software (CURRENT VERSION) being bid meets the specification or N (no) if software being bid does not meet the specification, in the column to the right of each specification. Failure to meet the technical requirements listed in this section may result in disqualification of Bidder without futther consideration. If additional page(s) are necessary to provide explanation of Bidder's product in any area, please provide a page reference number in the

RFP-13-16 Page 4 "Reference" column and then include such page(s) in the Bid Response. Additionally bidders should include a description of their support services and their pricing model. During the evaluation period, Bidder may be required to provide an on-site demonstration or remote online demonstration (at Bidder's sole expense) of its product demonstrating the ability to meet all specifications noted herein. Failure to demonstrate capabilities as required will result in disqualification of bid.

(SEE NEXT PAGE)

RFP-13-16 Page 5 Description

GENERAL SPECIFICATIONS 1. Provider must offer the ability to manage ALL of the following processes in the same system along with SACS accreditation so that the institution has the option to expand services using the same provider, ensuring that all data will roll up into accreditation report seamlessly: course evaluations, strategic planning, student learning outco1ne assess1nent, i)rogratn review, student

involvement, retention, administration of rubrics for outcome assessment, administration of surveys, capability to manage for1native assess1ncnts.

2. Provider must offer technical support: based in the United States available via phone and email 8:00am 8:00pm Eastern on Monday-Friday non-holidays. 3. Provider must be demonstrate ability to respond to changes it1 assess1nent, accreditation, and student success

best practices with updated and enhanced capabilities over time. Providet must keep clients on the current version of the software, with enhancements being automatically added, not needing to pay additional to get up to the current version of the software. 4. Provider must have adequate number of staff dedicated to software development in order to ensure that sufficient technology resources are available to deliver product enhancements driven by advances in asscsstncnt, accreditation, ai1d student success.

5. Provider must specialize in working exclusively with Higher Education institutions. 6. Provider must also have proven track record of experience with other SACS institutions demonstrated by the successful submission of reports to SACS and more than 2 years' experience in the accreditation management field. 7. Software application must facilitate the creation of the faculty roster form in the four column format mandated by SACS. This roster form must be able to be generated using data that is maintained in faculty profile pages. 8. Software application must offer the ability to integrate with Morehead's Active Directory authentication system so users may access the system with the same user name and password that they use for other software applications.

Y/N

Reference

RFP-13-16 Page 6 9. Provider must run a link check prior to the publishing of the accreditation report which verifies that all hyperlinks to evidence included in the accreditation report are active and not broken. 10. Software application must be accessible across different mobile device platforms (e.g. Apple, Android) and responsive to the size of device that is being used. 11. Provider must automatically update SACS standards within the application when SACS publishes updates. 12. The proposed solution is vendor hosted and is a web based solution and compatible with mainstream internet bro\vsers.

13. Vendor must include options for training with any applicable costs

ReportinJ!: 1. System reports must be produced within the purchased environment without requiring extensive technical expertise 2. Reports must be available thru desktop client and a standard web interface. 3. Provide a robust way to create and modify reports 4. Additional functionality must include the ability to view su1111narv results

6. All reports including confirmations and contracts can be exported out to .xis, .rft, .html, xml, and .pdf 7. Provide method of creating custom reports inside the existing solution

Securitv 1. Provide the ability to have groups and/ or tiers of access and authority to the scheduling functions and data (administrator, view only, edit) 2. Permit multiple usets to enter, approve and make changes at the same time (multiple persons with the sa1ne security access concurrently)

3. Provide audit ti:ail to determine date, time, action and user who made the change(s). 4. Must permit users to belong to multiple groups/tiers

Documentation and Trainine/Sunnort 1. Provide embedded documentation for systems administrators and general user help and assistance

RFP-13-16

Page 7 2. Provide updated documentation with the release of anv software undatcs or ur"•rades. 3. Provide updated documentation for systems administration and general user help and assistance when undates and un<>rades occur. 4. Provide access to tech support and website as part of the Standard Annual Software Agreement 5. Have an active and coordinated user group community with an annual conference to keep users un to date with software features 6. Must provide software upgrades including major releases for purchased versions within the fee structure of the Annual Software Maintenance Fee

RFP-13-16 Page 8

SECTION 3 - VENDOR Vendor Qualification Criteria The criterion listed below is considered mandatory to establish the responsibility and capability of firms to meet the University's requirements. Please provide sufficient information regarding each of the items below so the University can thoroughly evaluate your firm's qualifications and proposal for our search process. You may include support literature and attachments to the summaries requested below. Vendor is asked to include a detailed response to each point addressed in this section. Address each point and make any necessary explanation or qualification. Vendor is to respond in order and refer to the section number key point in section. Please note in additional or differences in software quoted.

Vendor Experience and References The vendor shall provide a historical and contemporary overview of the company, particularly as it relates to the proposed software, including such information as market share enjoyed by the proposed software, sales volume of the proposed software, and the number of employees in the company. The vendor shall supply the product history of the proposed software, including release histories of proposed packages and their direct predecessors. The vendor must demonstrate expertise in supplying such systems to colleges and universities. The vendor must be willing to demonstrate a completed and functional product within the specifications provided by this RFP. The University requires assurance that the offered products function properly. Vendors shall supply with the proposal at least five (5) Higher Education reference accounts (including persons to contact and telephone numbers) located in the continental United States with systems and software of a similar configuration as proposed under this RFP. V cndors shall provide the system and software implementation schedules for the referenced accounts. The systems must have been installed and supported by the vendor for at least sixty (60) days. The University reserves the right to request or obtain additional information.

SECTION 4 - REQUIREMENTS EVALUATION CRITERIA The following approach will be used in evaluating the proposals: I. Review the proposals II. Contact selected references III. Select finalist(s) IV. Schedule presentations of finalists if needed V. Select the vendor The proposals will be evaluated and awarded based on a comparative formula of relative weighting as detailed below:

RFP-13-16 Page 9

Criteria

IJoints

Accreditation Software Application Specifications Technical Specifications & Support One-time Costs Continuing Costs Reference Feedback Total

50% 15% 15% 15% 5% 100%

Kentucky Resident Bidder Preference In accordance with KRS 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror. In evaluating proposals, the University will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. Residency and non-residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria as set forth in the above referenced statute. Affidavit is provided on Page 24. Any Offeror not claiming residency status shall submit with its proposal a copy of their certificate to transact business within the Commonwealth of Kentucky as filed with Secretary of State. The state listed thereon shall be deemed their state of residence.

Experience The proposal must detail the respondent's familiarity and prove experience with this type of contract and demonstrated ability to se1ve the University's needs for se1vices associated with these activities. The respondent must detail its familiarity and ability to provide quality se1vice meeting industry and government guidelines.

Services to be provided All services to be performed and materials to be produced under the contract will be accomplished in consultation with and under the direction of the University. All procedures developed and products provided under the contract will be subject to final approval by the University. All records and data pertaining to the contract will remain the property of the University.

All charges associated with the work to be performed shall be included on the Official Bid Price Sheets and shall be valid for 90 days following the bid opening. The University will not be obligated to pay any costs not identified on the Official Bid Price Sheet. Any cost not: identified by the bidder, but subsequently incurred, will be borne by tl1e vendor.

SECTION 5 - TECHNICAL AND BUSINESS PROPOSAL Introduction Vendor is asked to include a detailed response to each point addressed in this section. Address each point and make any necessary explanation or qualification. Vendor is to respond in order and refer to the sub-section number key point. Proposers shall submit four (4) electronic copies and one (1) original of their proposal. Failure to comply may result in possible disqualification of the proposal. All proposals shall be presented in accordance with the following outline.

RFP-13-16 Page 10 The Technical/Business portion of the proposal must include the following: Transmittal letter Executive Summary Respondent's Background and Experience Proposers Qualifications Project Organization and Staffing The Price portion of the proposal must include the following: Price proposal Independent Price Determination Certification Statement Bid Price Certifying Statement

ORIGINAL PROPOSAL AND COPIES MUST BE INDEXED AND TABBED WITH THE ABOVE SECTIONS INDICATED. Transmittal Letter An individual authorized to legally bind the respondent will sign the Transmittal Letter. It will state that the respondent is a legal entity that will meet the specifications set forth in the request for proposals. It will also identify whom the University is to work with and any conditions regarding the proposal.

Appendix The appendix can include any information not noted in the above sections which expands on your company or systems offering. The following would be helpful in the evaluation process: • Sample vendor newsletters • Published articles concerning your company or system • Sample reports •

IJrcss releases

Executive Summary The Executive Summa1y will condense and highlight the contents of the tespondent's proposal.

Respondent's Background and Experience This section will include details of the respondent's background and its size and resources as well as details of experience relevant to the proposed project. Please include how long you have been in business and include any mergers or acquisitions. Letters of reference or recommendation must be submitted on the letterhead of the party submitting the reference or recommendation. Each respondent must submit the names, addresses, and telephone numbers of three (3) references or recommendations. Recommendations and references must be parties who can attest to the respondent's qualifications relevant to providing the services outlines in the request for proposal. Organization or professional recommendations and references must be submitted; personal recommendations and references will not be accepted. Recommendations and references may be verified. For subcontractors(s) and consultant(s), proposers shall include letters of agteement, contracts or other forms of co111111itment, which de111onstrnte their willingness to undertake their portion of the proposed project. Jn addition, all tequircments, contractual obligations and a statement of the

RFP-13-16 Page 11 Proposer's involvement in litigation's that could affect this work shall be included. 1. Provide a written co1m1utmcnt to accept all contracts provisions, which arc mandatory undet the laws of the State of Kentucky, its Department, Agencies, and Boatds.

2. Provide a written commitment to adhere to an established system of accounting and financial controls adequate to permit the effective administration of the contract.

Proposer's Qualification and Credentials as Related to the Proposal In this section, the Proposer shall provide an organizational chart displaying the proposed project structure. The Proposer shall also state the qualifications and credentials of his company, in terms of proven experience through similar projects, reputation, etc. Proposers shall include the number and a description of 3 similar projects successfully completed. A statement shall be included specifying the extent of responsibility on each described project. Proposals shall include proof of the Proposer's license's and certifications and successful completion of other projects have a like size and scope. All evidence under this requirement shall be in sufficient detail to allow an adequate evaluation by the University. Bidder shall submit copy of any written warranties.

Project Organization and Staffing This section will describe in detail the respondent's organizational plan for meeting the requirements in this request for proposals. It will include: (1) organization charts of proposed personnel (2) Staffing information detailing the tasks to be performed and the number of staff hours estimated for each individual for each task.

Price Proposal The fees will include the services and requirements described in this request for proposals.

PRICE PROPOSAL MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE. ANY REFERENCE TO COST (S) INCLUDED WITH THE TECHNICAL/BUSINESS PROPOSAL WILL RESULT IN OFFEROR'S PROPOSAL BEING REJECTED. THE TECHNICAL/BUSINESS PROPOSAL WILL BE EVALUATED PRIOR TO THE COST PROPOSAL CONTENTS BEING REVIEWED. Independent Price Determination Certification Statement A bid will not be considered for award if the price in the bid did not arrive independently without collusion, consultation, communication or agreement as to any matter relating to such prices with any other offeror or with competitor. In addition, the offeror is prohibited from making multiple bids in a different form; i.e., as a prinle offeror and as a subcontractor to anotller prinle offeror. The Offeror must include a certified statement in the bid certifying that the price was arrived atwithout any conflict of interest, as described above. Should conflict of interest be detected any time during the contract, the contract shall be deemed null and void and the contractor shall assume all costs of this project until such time that a new contract is selected.

RFP-13-16

Page 12 Bid Price Certifying Statements and Bid Price The total bid price will include se1viccs and requirements as described in this request for proposal, for the term of the contract period. The Offerer must include a statement certifying that all se1vices properly requested should be performed as required.

Term of the Contract The contract period begins approximately September 1, 2015. The University is interested in a five (5) year contract with a minimum of two (2) years with the software fully functional and three (3) years accessible for view /print only (Read only or parked mode). Any services or products on contract accepted by MSU must be paid for but docs not obligate the university/ state to continue the contract beyond the end of the contract period.

RFP-13-16 Page 13 RFP #MSU Official Pricing Sheet

1. Accreditation Application Software 2. Onsite Training 3. Annual Maintenance Fee 4. Other Cost (if applicable, list)

Vendor N a m e : - - - - - - - - - - - - - - - - - - - - - - -

Address:-------------------------

City: _ _ _ _ _ _ _ _ _ _ _ State: ____ Zip: _ _ _ _ Phone:------

Fax: _ _ _ _ _ _ _ _ _ _ _ E m a i l : - - - - - - - - - - - - - - - - - - -

Signature of Authorized Official: - - - - - - - - - - - - - - - - - - - - - NOTE: 1. Morehead State University will not be obligated to pay any cost not identified on the Official Bid Price Sheet. 2. Any cost not identified by the bidder but subsequently incurred in order to achieve successful operation of the equipment will be borne by the bidder

RFP-13-16 Page 14 PROPOSAL SUBMISSION Respondents will provide one signed original and a complete copy of the response on electronic media, such as CD or flash drive. Copy of the response is not to be submitted via email - doing so may result in rejection of entire response. Proposals will be received by the University at the address noted on the cover of this RFP and by the time noted in the Schedule section. The University will not accept proposals received after the noted time and date. All materials submitted in tesponse to this RFP become the property of the University and may become a part of any resulting contract. In addition, all proposals become public record. The University is not responsible for any proposal preparation expenses, submission costs, or any expenses incurred in negotiations or site visits. The proposal constitutes an offer by the vendor that shall remain open for a period of 90 days from the deadline for submitting proposals. Send proposals to address on cover page identifying on the outside of the envelope "Accreditation Application Software; RFP-13-16." A.

Proposal Errors. No proposal shall be altered or amended after the specified time for opening the proposals. After opening, a vendor will be permitted to withdraw a proposal only where there is obvious clerical error in the proposal such as a misplaced decimal point, or where enforcement of the proposal would impose unconscionable hardship due to an error in the proposal resulting in a quotation substantially below the other proposals received. Withdrawals will be considered only upon written request from the vendor.

B.

Questions and Inquiries. All questions must be submitted in writing to Paige McDaniel, Senior Buyer & Purchasing Card Administrator of Procurement Services, at the address on the cover sheet before the deadline noted in the Schedule section or via email to [email protected]. Copies of all written questions and University responses will be provided to vendors of record. Written questions will be discussed at the mandatory preproposal meeting.

C.

Addenda. The University reserves the right to issue addenda to the RFP at any time as a result of questions, changes in schedule, or other matters. The University also reserves the right to cancel or reissue the RFP.

D.

Interviews. An oral presentation or site visit may be required after the University reviews written proposals. Each fmn should be prepared to discuss and substantiate any of the areas of the proposal it has submitted, its own qualifications for the services required, and any other area of interest relative to this proposal. However, the University rese1ves the right to award a contract on the basis of initial proposals received, without interviews.

RESPONSE FORMAT Each response must be in the following format or the University will deem the response to be nonrespons1ve. A.

Cover Letter. Letter summarizing response signed by an authorized representative of the firm.

B.

Table of Contents

C.

Required RFP Documents with Signatures RFP Cover Page Statement Regarding Campaign Finance Laws (Page 23)

RFP-13-16 Page 15 Notarized Affidavit of Resident Bidder (Page 24) Addenda Acknowledgment (if applicable) D.

Technical/Business Response Transmittal Letter Executive Summary Respondent's Background and Experience Proposers Qualifications Project Organization and Staffing

E.

Cost Proposal Price Proposal Independent Price Determination Certification Statement Bid Price Certifying Statement

TERMS AND CONDITIONS Commitment of the University Morehead State University reserves the right to withdraw this RFP at any time and for any reason. Receipt of proposal materials by the University or submission of a proposal to the University confers no rights upon the proposer nor obligates the University in any manner. Issuing Office This RFP is being issued by and proposals are to be submitted to: Hand or Mail Delivery Morehead State University Office of Procurement Se1vices 160 Old Cranston Road Morehead, KY 40351 Inquiries Contact with University agents for information specific to bidding procedures and/ or regulations shall be limited to the Senior Buyer & Purchasing Card Administtator of Procurement Services who is specified on this proposal as the Buyer. All technical inquiries as well as questions regarding bidding procedures must be made in writing to the Senior Buyer & Purchasing Card Administtator of Procurement Services. Inquiries may also be submitted by fax to the attention of the Senior Buyer & Purchasing Card Administtator of Procurement Se1vices, fax 606-783-2798, or by email to [email protected]. Oral Commitments Potential proposers should clearly understand that any verbal representations made or assumed to be made during any oral discussions held between representatives of potential proposers and any University personnel are not binding on the University unless confirmed, in writing, by the Senior Buyer & Purchasing Card Administtator of Procuretnent Services. Complete RFP Carrier must insure that their response is complete and all required information is furnished, including proper signatures, pricing infonnation, required responses and other information as outlined in the RFP. Failure to do so may result in the disqualification of the carrier's proposal. The University is under no obligation to contact bidders for clarification, but rese1ves the right to do so.

RFP-13-16 Page 16 Morehead State University shall reserve the right to waive any informality or technicality in any proposal received. Partial proposals will not be accepted. General Contract Form The contract between Morehead State University and the Firm shall consist of (1) the request for proposal (RFP) and any amendments thereto, and (2) the Firm's proposal submitted in response to the RFP. In the event that an issue is addressed in one document that is not addressed in the other documents, no conflict of language shall be deemed to occur. Where there is conflict, the RFP shall govern. The contract shall also contain the university's standard terms and conditions for personal setvice contracts. No modification or change of any provision in the contracts shall be made or construed to have been made, unless such modification is mutually agreed to, in writing, by the Firm and the University, and incorporated as a written amendment to the contract. Memoranda of understanding and correspondence shall not be construed as amendments to the contract. The contract shall be construed according to the laws of the Commonwealth of Kentucky. Any legal proceedings against the University regarding this RFP or any resulting contract shall be brought in Commonwealth of Kentucky administrative or judicial forums. Beginning of Work The successful Firm must not commence any billable work until a valid contract has been executed and filed with the Government Contract Review Committee. The anticipated start date for the contract is September 01,2015 Invoicing Process All invoices submitted must show an itemized list of charged by type of equipment, se1vice, etc. Payment will be made in accordance with Commonwealth of Kentucky accounting procedures once approved by the MSU Assistant Vice President for Academic Affairs. Secretazy of State Registration Successful contractor must be registered with the Secretary of State to do business in the Commonwealth of Kentucky. The following link provides helpful information: !1.!;J;p: // onestop.ky.gov /Pages I default.aspx Exception to Requirements The words "must," "will," "shall" in the RFP arc to be considered as mandatory requirements. Taking exception to any of the requitements in these sections may be grounds for rejection of the proposal. A Proposer shall promptly notify Morehead State University in writing within fourteen (14) days after the release of the RFP, of any ambiguity, inconsistency or error, which he or she may discover upon examination of the Proposal Documents.

RFP-13-16 Page 17

Conflict oflnterest No official or employee of the University and no other public official of the Commonwealth of Kentucky or the Federal Government who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the contract shall, prior to the completion of the contract, voluntarily acquire any personal interest, direct or indirect, in this contract or proposed contract. The Firm covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its se1vices hereunder. The Firm further covenants that in the performance of the contract no person having any such known interests shall be employed. The Company further covenants that the owner is not an employee of Morehead State University or serving on the Board of Regents of Morehead State University. Further, no employee of the Company is an employee of Morehead State University or serving on the Board of Regents of Morehead State University.

Equal Employment and Discrimination Contractor and subcontractors arc required to comply with Federal Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60).

Restrictions on Communications with University Agents From the advertisement date of the RFP and until a Firm is selected and approved, offerors are not allowed to communicate in !natters concerning the RFP with any University agents except the Director of Procurement Se1vices. For violation of this provision, the University shall reserve the right to reject the proposal. In order to provide equal treatment to all offerors, questions must be submitted in writing no later than August 10, 2015 at 4:30 PM. Questions 1nay also be submitted by fax to the attention of the Senior Buyer & Purchasing Card Administtator of Procurement Se1vices, fax 606-783-2798 or via email to [email protected]. Answers to all questions will be published as Addenda to the RFP.

RFPAddenda Addenda of this RFP may be necessary prior to the closing date and will be furnished by posting to the University's website with email notification to all prospective offerors. Failure to acknowledge receipt of addenda in accordance with the instructions contained in the addendum may result in the proposal not being considered. Addenda notification will be sent to all organizations requesting copies of the RFP.

Cost of Preparing Proposal Costs for developing the proposals arc solely the responsibility of the offerors. The University will provide no reimbursement for such costs. Any costs associated with any oral presentations to tl1c University will be the responsibility of the Offeror and will in no way be billable to tl1e University.

Disposition of Proposals All proposals become the property of the University. The successful proposal will be incorporated into the resulting contract by reference.

RFP-13-16 Page 18

Rules for Withdrawal and Proposal Addenda Prior to the date specified for teceipt of offers, a submitted proposal may be withdrawn by submitting a signed written tequest for its withdrawal to the Senior Buyer & Purchasing Card Administrator of Procurement Services. Unless requested by the University, the University will not accept any addenda, revisions, or alterations to proposals after the proposal due date. Any submitted proposals shall remain a valid proposal for six months after the proposal due date.

Proposal Submission Requirements One (1) signed original and one complete copy of the proposal on electronic media, such as CD or flash drive, under scaled cover must be received by August 18, 2015, no later than 3:00 p.m. Eastern Daylight Savings time. Any proposal received after this date and time shall be rejected and returned unopened to the offeror. Proposals shall not be opened publicly or read aloud. Proposals should be either mailed or delivered to: Hand or Mail Delivezy Morehead State University Office of Procurement Setvices 160 Old Cranston Road Motehead, KY 40351 The outside cover of the package containing the proposal shall be marked: Accreditation Application Software RFP-13-16 Name ofOfferor Closing Date: August 18, 2015 Proposals mailed or submitted by a commercial parcel delivery service must be received by the closing date and time. Proposals received after that date and time will not be considered. Any addenda to proposals must be submitted in a manner consistent with the Terms and Conditions. Addenda can only be submitted up to the closing date and time. Method of Award Morehead State University will negotiate a contract with the proposer, whose proposal receives the highest number of evaluation points. Should the parties fail to reach an acceptable contract in the opinion of the University, the University may, at its sole option, declare that the University is unable to complete a contract with the highest-ranking proposer and begin negotiations with the second highest-ranking proposal, and so on until a contract is negotiated.

Kentucky Resident Bidder Preference In accordance with KRS 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror. In evaluating proposals, the University will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. Residency and non-residency shall be defined in accordance with KRS 45A.494(2) and 45A.494(3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria as set for in the above referenced statute. Affidavit is attached hereto as Attachment A. Any Offeror not claiming residency status shall submit with its proposal a copy of their certificate to transact business within the Commonwealth of Kentucky as filed with Secretary of State. The state listed thereon shall be deemed their state of residence.

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Contract Changes The University, may at any time, by a written amendment, make changes within the general scope of the contract. If any such changes affect the performance of any part of the se1vice provided under the contract, whether changed or not changed by any such amendment, a mutually satisfactory adjustment shall be made in the contract terms and the contract shall be modified in writing accordingly. Any claim by the bidder for adjustment under this clause must be asserted within thirty (30) days from the date of receipt of the bidder of the notification of change. In cases of disagreement in regards of the adjustment caused by such change, the bidder will be required to perform in accordance with the dispute procedures as defined in this RFP.

Contract Termination for Convenience Morehead State University rese1ves the right to terminate the contract at any time, for the convenience of Morehead State University, without penalty or recoutse by giving written notice to the agency at least thirty (30) days prior to the effective date of such termination. The agency shall be entitled to receive just and equitable compensation for the work completed prior to the effective date of termination. In the event of termination, vendor agrees to maintain se1vice through the remainder of the contract period in effect.

If funds are not available for continued performance for any fiscal year of this contract following the first fiscal year, this contract shall be cancelled automatically as of the beginning of the fiscal year for which funds were not appropriated. The effect of termination of the contract will be to discharge both the vendor and Morehead State University's obligations existing at the time of termination. Morehead State University shall notify the vendor as soon as it has knowledge the funds may not be available.

Indemnification and Hold Harmless Vendor shall hold Morehead State University, its agents and employees, harmless from any and all claims or causes of action of any kind or nature. However, the University does not assume any obligation to indemnify, hold harmless or pay attorney's fees that may arise from or in any way be associated with the performance of operation of this contract.

Assignment of Contract This contract shall inure to the benefit of, and shall be binding upon each of the parties hereto and their respective successor and assignees, but shall not be assigned in whole or part by either party witl10ut the prior written consent of the other party, which shall not be unreasonably withheld.

Insurance Contractor shall provide proof of the following minimum insurance coverages: Errors & Omissions Policy (aka Professional Liability) with limits of no less than $1,000,000 per occurrence. A claims made policy is acceptable. Morehead State University must be listed as an Additional Insured. Auto Liability coverage for any vehicle that will be MSU campus, if applicable. Worker's Compensation coverage per KY Statutes.

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This Contract between Morehead State University

and ______________________________________ Name of Individual and/ or Firm (rhe Second Party) The undersigned hereby certifies that neither he/ she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The undersigned further swears under the penalty of perjury, that neither he/ she or the Company which he/ she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the Company which he/ she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

CONTRACTOR (SECOND PAR'IY)

(Signature)

(fide)

(Name of Company or Corporation)

RFP-27-15 Page 21 Solicitation/Contract#: RFP-13-16

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS FOR BIDS AND CONTRACTS IN GENERAL: The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

1. Is authorized to transact business in the Commonwealth; 2. Has for one year prior to and through the date of advertisement a. Filed Kentucky corporate income taxes; b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49; and c. Maintained a Kentucky workers' compensation policy in effect. The BIDDING AGENCY reserves the right to request documentation supporting a bidder's claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

Signature

Printed Name

Title

Date

Company Name Address

Subscribed and sworn to before me by (Affiant) (Title) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ this _ _day of _ _ _ _ _ ,20_ (Company Name)

Notary Public [seal of notary]

My commission expires: