State of Utah
Bid WA16001
5
Solicitation WA16001
Learning Management System
Bid Designation: Public
State of Utah
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State of Utah
Bid WA16001
5
Bid WA16001 Learning Management System Bid Number
WA16001
Bid Title
Learning Management System
Bid Start Date
Jul 2, 2015 3:55:06 PM MDT
Bid End Date
Aug 10, 2015 11:00:00 AM MDT
Question & Answer End Date
Jul 29, 2015 11:00:00 AM MDT
Bid Contact
Windy Aphayrath Purchasing Agent State of Utah Division of Purchasing
[email protected]
Contract Duration 7 years Contract Renewal Not Applicable Prices Good for
3 years
Bid Comments
You are instructed to pay special attention to the RFP language regarding the information to be submitted with your proposal and the format of that information. Evaluation of the proposals received will be in accordance with the evaluation criteria contained herein. Cost is not the only evaluation factor. ALL questions concerning this solicitation MUST be submitted through the BidSync system. Only answers issued through the BidSync system or issued via an authorized and properly issued addendum shall be the official position of the State. Any modification to this procurement effort shall be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official position of the State and shall be binding. Anyone submitting a response to this solicitation, with basis in or other communication or information received from sources other than through official addendum, assumes full risk including the possibility of a determination of non-responsiveness and may be rejected at the sole discretion of the State. Responses submitted in BidSync are completely secure. NO ONE can see them until after the solicitation deadline. Therefore you do not have to wait until the last minute to submit; and you may change your submission any time until the solicitation closes. If you have not completed the submission by the deadline, BidSync will reject your submission. Please plan well. Please enumerate all costs on the attached Cost Proposal Form. Do not include any cost information in the technical proposal response. --------------------------------------For details on specifications, Scope of Work, and other VERY IMPORTANT information, please see documents: WA16001 WA16001 WA16001 WA16001 WA16001 WA16001 WA16001 WA16001 WA16001 -
Appendix A Scope of Work - Requirements Appendix B - Attachment A.1 Proposal Scoring Sheet Appendix B Attachment A.2 LMS Demo Scoring Sheet Appendix B Attachment A.3 Product Demo Instructions Appendix B Attachment B LMS Response Form Appendix B Attachment C Pricing Structure Appendix B - RFP Response Requirements Appendix C - Standard Terms & Conditions for Services - Cooperative Contracts Appendix D - Enterprise Password Standards
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If you have any trouble submitting your response or attaching documents in the BidSync System, please
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WA16001 - Appendix B - RFP Response Requirements WA16001 - Appendix C - Standard Terms & Conditions for Services - Cooperative Contracts State of Utah WA16001 - Appendix D - Enterprise Password Standards
Bid WA16001
--------------------------------------If you have any trouble submitting your response or attaching documents in the BidSync System, please contact Vendor Customer Support at (801) 765-9245.
Item Response Form
Item
WA16001--01-01 - Learning Management System
Quantity
1 each
Prices are not requested for this item. Delivery Location State of Utah No Location Specified Qty 1 Description A comprehensive Learning Management System for the State of Utah. 6
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State of Utah
Bid WA16001
5
STATE OF UTAH
SOLICITATION NO. WA16001 Learning Management System
RESPONSES DUE NO LATER THAN:
Aug 10, 2015 11:00:00 AM MDT
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061
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State of Utah
Bid WA16001
5
State of Utah Request for Proposal
Legal Company Name (include d/b/a if applicable)
Federal Tax Identification
State of Utah Sales Tax ID
Number
Number
Ordering Address
City
State
Zip Code
Remittance Address (if different from ordering address)
City
State
Zip Code
Company Contact Person Type
Corporation
Partnership
Proprietorship
Government
Telephone Number (include area code)
Fax Number (include area code)
Company=s Internet Web Address
Email Address
Discount Terms (for bid purposes, bid discounts less than
Days Required for Delivery After Receipt of Order (see
30 days will not be considered)
attached for any required minimums)
Offeror=s Authorized Representative=s Signature
Date
Type or Print Name
Position or Title
NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: 7/2/2015 3:57 PM A. Login to www.bidsync.com;
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State of Utah
Bid WA16001
NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid (solicitation) to which you are responding; a. Click the “Search” tab on the top left of the page; b. Enter keyword or bid (solicitation) number and click “Search”; C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page; D. “View and Accept” all documents in the document section; E. Select “Place Offer” found at the bottom of the page; F. Enter your pricing, notes, other required information and upload attachments to this page; G. Click “Submit” at the bottom of the page; H. Review Offer(s); and I. Enter your password and click “Confirm”. Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid. This acknowledgement is registered in BidSync when the supplier clicks “Confirm”. BidSync will post a notice that the offer has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time. Please allow sufficient time to complete the online forms and upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure. No one (including state purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync system prior to the deadline. BidSync will post a notice that the modification/change (new offer) has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (State Purchasing), an electronic record is received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) ( www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be 7/2/2015 3:57 PM shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or
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for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve State of Utah Bid WA16001 the electronic record; and (b) it is in a form capable of being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) ( www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Unit price will govern, if there is an error in the extension. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) Proposals, modifications, or corrections received after the closing time on the "Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3-209. (e) Facsimile transmission of proposals to DIVISION will not be considered. 2. PROPOSAL PREPARATION: (a) Delivery time of products and services is critical and must be adhered to as specified. (b) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade name and/or catalog number in the offer, the DIVISION will assume the item meets the specifications unless the offer clearly states it is an alternate, and describes specifically how it differs from the item specified. All offers must include complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (c) Incomplete proposals may be rejected. (d) Where applicable, all proposals must include complete manufacturer=s descriptive literature. (e) By submitting the proposal the offeror certifies that all of the information provided is accurate, that they are willing and able to furnish the item(s) specified, and that prices offered are correct. (f) This proposal may not be withdrawn for a period of 60 days from the due date. 3. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on the contract/purchase order, shipping terms will be FOB Destination Freight Prepaid. 4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only. Answers to questions submitted through BidSync shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 5. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained in their offer which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the offer. Each request for non-disclosure must be made by completing the “Confidentiality Claim Form” located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected. Pricing and service elements of any proposal will not be considered proprietary. All material becomes the property of the DIVISION and may be returned only at the DIVISION 's option. 6. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by a competing offeror. 7. SAMPLES: Samples of item(s) specified in this offer, brochures, etc., when required by the DIVISION, must be furnished free of expense to the DIVISION. Any item not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the offeror's expense. 8. AWARD OF CONTRACT: (a) The contract will be awarded with reasonable promptness, by written notice, to the responsible offeror whose proposal is determined to be the most advantageous to the DIVISION, taking into consideration price and evaluation factors set forth in the RFP. No other factors or criteria will be used in the evaluation. The contract file shall contain the basis on which the award is made. Refer to Utah Code Annotated 65-56-408. (b) The DIVISION may accept any item or group of items, or overall best offer. The DIVISION can reject any or all proposals, and it can waive any informality, or technicality in any proposal received, if the DIVISION believes it would serve the best interests of the DIVISION. (c) Before, or after, the award of a contract the DIVISION has the right to inspect the offeror's premises and all business records to determine the offeror's ability to meet contract requirements. (d) The DIVISION will open proposals publicly, identifying only the names of the offerors. During the evaluation process, proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except for protected information (see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Multiple contracts may be awarded if the DIVISION determines it would be in its 7/2/2015 3:57 PM best interest.
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the names of the offerors. During the evaluation process, proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except State of Utah Bid WA16001 for protected information (see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 9. DEBRIEFING OF UNSUCCESSFUL OFFERORS: The State does not conduct debriefings. 10. DIVISION APPROVAL: Contracts written with the State of Utah, as a result of this proposal, will not be legally binding without the written approval of the Director of the DIVISION. 11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the DIVISION. 12. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation. 13. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board. These are available on the Internet at www.purchasing.utah.gov. By submitting a bid or offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 14. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For information regarding a Utah sales tax license see the Utah State Tax Commission’s website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200. (Revision Date: 05 August 2014 - RFP Instructions)
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State of Utah
Bid WA16001
REQUEST FOR PROPOSAL Learning Management System Solicitation # WA16001
PART 1: OVERVIEW AND INSTRUCTIONS PURPOSE OF REQUEST FOR PROPOSAL (RFP) The purpose of this request for proposal is to enter into a contract between the State of Utah (the State) and a qualified firm to plan, value, market, implement, and deliver a comprehensive Learning Management System (LMS) for the State. It is anticipated that this RFP will result in a contract award to a single Contractor. This RFP is designed to provide interested Proposers with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data. Proposers are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. Award will be based on the best value to the State. BACKGROUND Multiple State agencies have come together with the understanding that there is a need for a statewide enterprise learning management solution. While the initial Contract may only include the anchor Departments described below, the intent of this program is to eventually implement a full scale enterprise solution. Therefore the selected Vendor must have the capability to implement a full scale solution. The background information provided below is intended to offer a high level description of the unique operating environments of some of the organizations within the State of Utah. The Departments listed will be the initial anchor Departments (early adopters) with other departments to follow as funding becomes available. Utah Department of Transportation (UDOT) has offices throughout the state. The main office is the Calvin Rampton Building in Salt Lake City. This office houses general administration, communications, port of entry administration, labs, and vehicle maintenance. UDOT also has four regional offices from northern to southern Utah and each region oversees administration, construction, and maintenance of all state roads, highways, and interstates within their areas. Department of Administrative Services (DAS) is primarily located in the Salt Lake City area, with a small amount of offices throughout the state. DAS provides services to other state agencies, school districts, higher education institutions and local governments including, but not limited to, Risk Management, Fleet Operations, Learning Management System 7/2/2015 3:57 PM
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State of Utah
Bid WA16001
Purchasing, State Mail, Archives, Administrative Rules, Finance, and other General Services. Department of Workforce Services (DWS) has offices throughout the State and employs several hundred telecommuters who work from home. DWS delivers a host of employment and supportive services to the citizens of Utah. Services include Unemployment Insurance, training, financial, medical, child care, food, housing, and economic information. ISSUING OFFICE AND RFP REFERENCE NUMBER The State of Utah Division of Purchasing is the Issuing Procurement Unit for this document and all subsequent addenda relating to it, on behalf of the Conducting Procurement Units, State of Utah Department of Transportation, Department of Administrative Services, and Department of Workforce Services. The reference number for the transaction is Solicitation #WA16001. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP. This RFP, having been determined to be the appropriate procurement method to provide the best value to the State, is designed to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements. It is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. It is issued in accordance with Utah Code Annotated 63G6a701 to 710 and Administrative Rule R337. NOTICE: Wherever the term bid, bidder, bidding or quote appears in this solicitation or reference is made to a bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in 63G6a103(30), RFP, or Request for Proposals, as defined in 63G6a103(38) and the procurement shall be conducted subject to the provisions of 63G6a701711. QUESTIONS All questions MUST be submitted through BIDSYNC (www.bidsync.com) prior to closing date and time for questions. Questions submitted through any other channel will not be answered. Questions may be answered as they come in or may be compiled into one document and answered via an addendum. Only answers disseminated by the State through the BidSync system or through an authorized and properly issued addendum shall serve as the official and binding position of the State. Answers provided via BidSync will constitute an addendum to the solicitation. Notification to the State of any ambiguity, inconsistency, excessively restrictive requirements, and errors in the solicitation documents, solicitation questions, or exceptions to the scope/content of the RFP MUST be submitted as a question through BidSync during the solicitation process and prior to the closing date of time for questions. ADDENDA
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State of Utah
Bid WA16001
Offerors are encouraged to periodically check BidSync for posted questions, answers and addenda. Any modification to this procurement will be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official and binding position of the State. Any response to this solicitation which has as its basis any communications or information received from sources other than this solicitation or related official addenda could be considered nonresponsive and be rejected at the sole discretion of the State. RESTRICTIONS ON COMMUNICATIONS From the issue date of this solicitation until a contractor is selected and the selection is announced, offerors are prohibited from communications regarding this procurement with agency staff, evaluation committee members, or other associated individuals EXCEPT the procurement officer overseeing this procurement. Failure to comply with this requirement may result in disqualification. SUBMITTING YOUR PROPOSAL NOTICE: By submitting a proposal in response to this RFP, the offeror acknowledges and agrees that the requirements, scope of work, and the evaluation process outlined in the RFP are understood, fair, equitable, and are not unduly restrictive. Proposals must be received by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration. Electronic submission instructions: When submitting a proposal electronically through BidSync, please allow sufficient time to complete the online forms and to upload your proposal documents. The solicitation will end at the closing time posted in BidSync. If you are in the middle of uploading your proposal when the deadline arrives, the system will stop the upload process and your proposal will not be accepted by BidSync, and your attempted submission will be considered as nonresponsive. Electronic proposals may require uploading of electronic attachments. BidSync’s site will accept a wide variety of document types as attachments. However, the State of Utah is unable to view certain documents. Therefore, DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, and mp3 files. All documents must be uploaded in BidSync as separate files. Hard copy submission instructions: The preferred method of submitting your proposal is electronically through BidSync. However, if you choose to submit your response in hard copy form, ONE original copy of your Technical Proposal must be received prior to the Due Date and Time at the following address: State of Utah Division of Purchasing Learning Management System 7/2/2015 3:57 PM
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State of Utah
Bid WA16001
3150 State Office Building, Capitol Hill Salt Lake City, Utah 841141061. Additionally, one (1) original Cost Proposal form (see Appendix B, Attachment C Cost Proposal Form) must be submitted in a separately sealed envelope delivered at the same time as the Technical Proposal. The outside cover of the package containing the Technical Proposal shall be clearly marked “Solicitation #WA16001 – Technical Proposal and include the Due Date and Time”. The outside cover of the Cost Proposal shall be clearly marked “Solicitation #WA16001 – Cost Proposal and include the Due Date and Time”. Cost will be evaluated independently from the technical proposal, and as such must be submitted separately from the technical proposal. Failure to submit cost or pricing data separately may result in your proposal being judged as nonresponsive. Please allow sufficient time for delivery of hardcopy responses. Responses sent overnight, but not received by the closing date and time will not be accepted. All costs incurred in the preparation and submission of a proposal is the responsibility of the Offeror and will not be reimbursed. All costs related to the preparation of offeror responses and any related activities are the sole responsibility of the offeror. The State of Utah assumes no liability for any costs incurred by offerors throughout the evaluation and selection process. Refer to the Request for Proposal – Instructions and General Provisions for further information on proposal submissions. CONTRACT AWARD INTENT It is anticipated that this RFP may result in an award to a single contractor. However, the State of Utah reserves the right to award to multiple contractors if it is determined to be in the best interest of the State in accordance with R3312301. Multiple awards will be based on statewide, regional, combined statewide and regional basis, or agency specific requirements. LENGTH OF CONTRACT The Contract resulting from this solicitation will be for a period of seven (7) years with no renewal options for additional years. The State of Utah reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract. PRICE GUARANTEE PERIOD
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State of Utah
Bid WA16001
All pricing must be guaranteed for three (3) years. Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date. Requests for price adjustment must include sufficient documentation supporting the request and demonstrating a logical mathematical link between the current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by the Division of Purchasing. The State will be given the immediate benefit of any decrease in the market, or allowable discount. STANDARD CONTRACT TERMS AND CONDITIONS Any contract resulting from this RFP will include, but not be limited to the State’s Standard Terms and Conditions (Appendix C). Appendix C will contain terms and conditions specific to this procurement. NOTE: If Appendix C is not included, then the State’s Standard Terms and Conditions are attached by reference. The State’s Standard Terms and Conditions can be found at http://purchasing.utah.gov/purchasingforms.html. Exceptions and or additions to the State’s Standard Terms and Conditions are strongly discouraged. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response. Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered. Website URLs, or information on website URLs must not be requested in the RFP document and must not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as nonresponsive. URLs are also prohibited from any language included in the final contract document. The State retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not in the best interest of the State, negotiations could result in excessive costs to the state, or could adversely impact existing time constraints. In a multiple award, the State reserves the right to negotiate exceptions to terms and conditions based on the offeror with the least to the most exceptions taken. Contracts may become effective as negotiations are completed. If negotiations are required, contractor must provide all documents in WORD format for redline editing. Contractor must provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations. Any mandatorily required acceptance of an offeror’s terms and conditions may result in the proposal being determined to be nonresponsive. An award resulting from this RFP is subject to successful contract terms and conditions negotiation (if required). The State of Utah, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to the contractor. PROTECTED INFORMATION The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G2305, provides in part that: Learning Management System 7/2/2015 3:57 PM
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State of Utah
Bid WA16001
the following records are protected if properly classified by a government entity: (1) trade secrets as defined in Section 13242 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G2309 (Business Confidentiality Claims); (2) commercial information or nonindividual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63G2309; * * * * * (6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed; ....
GRAMA provides that trade secrets, commercial information or nonindividual financial information may be protected by submitting a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the offeror must: 1. Provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and 2. Include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G2309(1)). 3. Submit an electronic “redacted” (excluding protected information) copy of your proposal response. Copy must clearly be marked “Redacted Version.” A Claim of Business Confidentiality may be appropriate for information such as client lists and nonpublic financial statements. Pricing and service elements may not be protected. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and may be considered nonresponsive if marked as such. To ensure the information is protected, you must identify all protected information in Section 2 of the proposal response and submit a redacted copy of the proposal response at the same time offeror submits its proposal response. The redacted copy of the offeror’s proposal response must be submitted in compliance with this section of this RFP. All materials submitted become the property of the state of Utah. Materials may be
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State of Utah
Bid WA16001
evaluated by anyone designated by the state as part of the proposal evaluation committee. Materials submitted may be returned only at the State's option. INTERVIEWS AND PRESENTATIONS Interviews and presentations may be held at the option of the State. Offerors invited to interviews or presentations shall be limited to those offerors meeting the minimum requirements specified in the RFP. Representations made by the offeror during interviews or presentations shall become an addendum to the offeror's proposal and shall be documented. Representations must be consistent with the offeror's original proposal and may only be used for purposes of clarifying or filling in gaps in the offeror's proposal. The procurement officer shall establish a date and time for the interviews or presentations and shall notify eligible offerors of the procedures. Interviews and presentations will be at the offeror's expense.
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State of Utah
Bid WA16001
Appendix A Scope of Work & System Requirements Learning Management System (LMS)
Learning Management System
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Appendix A, Page 1
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State of Utah
Bid WA16001
Table of Contents 1.0
INTRODUCTION
1.1
2.0
3.0
4.0
5.0
Project Overview 1.1.1 Project Background 1.1.2 Scope of Services 1.1.3 Project Phasing Considerations 1.1.4 Project Goals
SYSTEM OVERVIEW
2.1
Current Environment
2.2
User Characteristics
2.3
Constraints, Assumptions and Dependencies
2.4
LMS Requirements
SYSTEM REQUIREMENTS
3.1
Architecture
3.2
Licensing
3.3
Integration
3.4
Performance and Scalability
3.5
Development, Testing and Recovery
3.6
Security
BUSINESS REQUIREMENTS
4.1
General Features
4.2
Training Registration
4.3
Course Delivery
4.4
Records Management
SERVICES
5.1
Project Implementation Management
5.2
Data Conversion
5.3
System Documentation
5.4
Training
5.5
Support
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Bid WA16001
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Acronyms CEU DTS EIN IT LMS LRS SaaS SDK SLA
Continuing Education Unit Utah’s Department of Technology Services Employee Identification Number Information Technology Learning Management System Learning Record Store Software as a Service Software Development Kit Service Level Agreement
WBT
Webbased Training
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Definitions The intention behind the Definitions listed below is to offer understanding into the verbiage used throughout this document. The Definitions are not intended to establish hardline requirements. If a Proposer can meet the intended outcome of one of these definitions that will be taken into consideration. The Proposers are encouraged to provide explanation in their Proposals when necessary. Badges
Badges may be awarded for successful completion of a learning activity or course. Badges may be used to satisfy program requirements. Badges can be exported by a user to a personal account provided by a third party vendor of the person’s choosing, e.g. a Mozilla Open Badges Backpack.
Certification
Considered a designation earned by a person to assure qualification to perform a job or task. Certification requirements are determined internally (see program requirements) or by external certification authorities.
Configurable
Configured software may be defined as having the capability to design, arrange, set up, add fields, or shape features for specific uses by setting or adjusting existing parameters. Configurations do not require writing code, and should require little to no assistance from IT personnel to make necessary changes to meet business requirements.
Course
A unit of teaching that is organized and led by one or more instructors, may have fixed roster of students, and is usually an individual subject. Courses may include classroom training, but they may also include webbased training, online tests, or any variety of other learning activities. A course is composed of at least one learning activity, often more. Criteria for course completion is determined by the instructor and is based on successful completion (passing scores) of all required learning activities. Students may receive a grade, xAPI statement, credits, badges, certification, and/or qualifications upon successful completion of a course.
Credits
Credits may be given for successful completion of a course. Credits may be used to satisfy program requirements. Credits can be expressed as credit hours or credit points for a certain program. For example, some professionals are required to earn a certain number of CEU credits each year to maintain their license or professional certification.
Customizable
Software that is customizable is defined as having the ability to create new functions or change functions to meet specifications or business requirements. Customization may also be needed to integrate or fillin gaps with existing software. It requires the ability to write code utilizing a vendor provided Software Development Kit (SDK).
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Desired
Indicates a feature or functionality that the State would like to have in the LMS solution, but is not essential.
Followup Processing
Processes related to confirming student participation in a course, including attendance, fees, scores, grades, and generating historical records.
Grades
Grades are determined by comparing a student’s learning activity scores with the grading criteria defined by the instructor. A course is considered successfully completed if the grade meets or exceeds the minimum threshold. Grades can be expressed as pass/fail, yes/no, complete/incomplete, letter grade, or percentage of total points earned. Grades can trigger the awarding of credits, badges, xAPI statements, certifications, and/or qualifications (see Program Requirements).
Importance
Business requirements are classified as either Required or Desired.
Instructor
In a broader sense, instructors are responsible for bringing about learning using whatever learning activity is most appropriate. A robust LMS will allow instructors to provide a true blended learning experience that includes web based training, onthejob/homework practice assignments, online tests, classroom training, etc. An instructor may be responsible for setting up and maintaining course details, schedule, learning activities, scoring scheme, and grading criteria of a course. Depending on the delivery methods of the learning activities included in a course, instructors may present instruction, assess learning, evaluate activities, provide feedback, and manage enrollment and course attendance records.
Learning Activities
Designed or deployed by the instructor to bring about, or create the conditions for learning. They fall into four general categories, instruction, practice, evaluation, and feedback. They can be completed online, in a classroom, or as onthejob or “homework” assignments. Examples include selfstudy, lecture, readings, observation, structured experience, test, selfreflection, practice, essays, social interaction, community and peer relationships, certification, performance support, etc. Learning activities make up a course. A student’s performance on a learning activity can be scored. Scores are used to evaluate a student’s overall course performance and determine their grade.
Mentor
An LMS user role assigned by the course instructor to assist specific students with their learning activities. From the LMS’ perspective, a mentor has the responsibility of scoring the learning activities assigned to their student(s).
Out of the Box
“Out of the box” software is defined as having features or functionality that works immediately after installation without any configuration or customization.
Program Requirements
Considered a set of expectations defined by a training administrator in the LMS that must be met in order to award a badge, xAPI statement, qualification, or certification. Program requirements may also be referred to as badge requirements, xAPI requirements, qualification requirements, or certification requirements. Grades and credits from courses, and other badges, xAPI statements, certifications, and qualifications may be used to satisfy
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program requirements. For example, a person may need 40 nursing CEU credits, pass the Excellent Patient Care course with greater than 70% grade, and have the Verbal Communication qualification at or above the “advanced” level in order to earn their Star Nurse Certification as defined by the Department of Human Services. Qualifications
A knowledge, skill, or ability obtained by a person. A person’s qualification will be measured according to their proficiency. For example, a qualified computer programmer may be determined to be proficient at a novice, intermediate, or advanced level.
Required
Indicates a feature or functionality that must be provided in the LMS solution. Not meeting this requirement may disqualify the proposer, at the sole discretion of the State.
Score
A pass/fail, yes/no, numerical points, letter, percentage score, badge, or xAPI statement is given based on a student’s performance on each learning activity that is required by a course. The LMS tracks students’ scores for each learning activity of a course. Scores can trigger the awarding of badges and xAPI statements (see Program Requirements).
Student
An employee, contractor, partner, or citizen who registers for a course.
ThirdParty Vendors
The State recognizes that one software system or enterprise solution may not fulfill all business requirements. Therefore, it is anticipated that proposers may partner with “thirdparty” vendors in order to meet requirements. ThirdParty vendor software must also be categorized as “out of the box”, “configurable”, or “customizable”, with associated definitions as provided.
Training
Training, for the purpose of this document, includes training, development, and education. Training is intended to change behavior, motivate, or impart knowledge, skills, and abilities to internal employees, contractors, partners, or citizens. Training may be delivered through courses which are composed of a wide variety of learning activities.
Training Administrator
An LMS user role responsible for assigning instructor roles, organizing the course catalog, creating courses, managing enrollment, and otherwise maintaining the training in their department’s area of the LMS.
xAPI Statement
A TinCan API experience statement, xAPI Statement for short, can be earned by completing learning activities or courses that are TinCan API conformant. They can be imported from other systems that issue these statements. They are stored in a Learning Record Store (LRS).
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1.0
Bid WA16001
INTRODUCTION
This section provides an overview of the Learning Management System project, the purpose and intended audience, explains how the Scope of Work and Requirements are organized, and defines conventions and references used throughout this document.
1.1
Project Overview
The Learning Management System (LMS) project will implement new systems, policies and procedures around the administration of training, employee development, education, and certification of numerous internal and external individuals working for or in the State of Utah. The State will acquire new software systems to provide a core set of functionality for training registration, course delivery, and records management.
1.1.1
Project Background
A brief overview of the project can be found at the beginning of this RFP in Part 1 Overview and Instructions.
1.1.2
Scope of Services
The State is looking for a qualified firm to work alongside State personnel to implement a software solution which will meet or exceed the State’s requirements for a successful implementation. Some of the services that may be necessary to help the State be successful include, Business Analysis, Business Process Reengineering, Implementation Assistance, Enduser Training, System Administration Training, System Configuration Training, and System Documentation.
1.1.3
Project Phasing Considerations
It is anticipated that this project will be implemented according to user needs, State priorities, Department interest and available funding. The initial focus will be on the implementation of a learning management system. The State is interested in utilizing other talent management solutions as funding and interest becomes available. Therefore, the State is interested in a total (unified) talent management system that addresses the entire employee lifecycle within a single platform. The State is also interested in phased implementation based on interest and funding from all Utah State agencies. There will be three agencies involved in the initial implementation phase. As the contract advances and funding becomes available, additional Utah State agencies may choose to implement the Learning Management System, eventually arriving at a statewide implementation.
1.1.4
Project Goals
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The State has identified the following goals for the Learning Management System. These goals shall be achieved in a way that reflects positively on the State. The State’s project goals are to provide: 1. An enterprise solution that ensures a costeffective and quality software backbone that helps the State promote a learning culture in a flexible environment. 2. An environment that will enhance the State’s workforce to better be able to perform their jobs and maximize continued professional development. 3. A software product that will assist the State in improving learning management of internal employees and external individuals required to have training provided by the State. 4. A product that incorporates a userfriendly, webbased, mobileenabled system that enhances the user’s ability to learn, demonstrate proficiency, and obtain required certifications. 5. A product that integrates with existing systems and applications and is flexible in meeting current needs while accommodating future potential. 6. Motivation, recognition, and accountability through robust reporting and records management functionality. Improve decision making at all levels of the organization by providing training, development, and education reports that are accessible, easy to understand, and actionable.
2.0
SYSTEM OVERVIEW
The goal of this project is to acquire and implement software tools that will support the administration of training, development, education, and certification of numerous internal and external individuals working for or in the State of Utah. These tools will be used by a variety of State employees and nonState individuals across multiple Departments.
2.1
Current Environment
Utah Department of Transportation (UDOT) UDOT is currently using a homegrown system combining Adobe Connect for training delivery and an inhouse developed Oracle database for tracking and reporting of some training data. UDOT also partners with Salt Lake Community College (SLCC) using Canvas for delivery of the training and the SLCC’s internal Oracle databases for tracking students’ progress. Currently, professionals within UDOT required to maintain professional licenses are keeping personal records for their license renewal. Department of Administrative Services (DAS) DAS is comprised of seven divisions that each develop, deploy and track training independently with no centralized system. Several divisions use internally developed solutions that rely on selfreporting of training completion, others track training completions through google forms. No comprehensive LMS or training tracking is in place. Learning Management System
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Department of Workforce Services (DWS) DWS currently uses a mainstream software LMS and is looking to reduce costs, improve user experience, and add new functionality.
2.2
User Characteristics
A user may have more than one role within a single Department. In addition to internal personnel, the State also trains or certifies numerous other individuals including consultants, contractors and the general public. To varying degrees, all of these individuals may need access to the LMS. At some point in the future the State anticipates that a full scale enterprise solution may be needed. It is anticipated that a full scale enterprise solution will need to support a maximum of 20,000 State employee users and 120,000 external users. However, for the initial implementation it is anticipated that the following user counts will be needed: Number of Users UDOT UDOT employs approximately 1,600 full and parttime employees; and, depending on the number of active projects may employ up to 16,000 contracted employees at the height of the construction season through the various construction contractors and consultant engineering firms. Many of these contracted employees require access to UDOT’s business systems. The transient nature of this situation makes it challenging to manage user access to UDOT training systems. The level of usage can range from casual to heavy and access may range from local to remote depending on the user’s location. Multiple roles and types of access across different types of data must be configurable to incorporate UDOT’s varying learning and employee developing needs. UDOT will have a need for the common learning management system features: online (eLearning) courses, classroom instruction, blended learning, talent management, communication and collaboration, assessment and testing, virtual classrooms, ecommerce capability, robust reporting (configurable), mobile learning, and social learning opportunities. The current UDOT University is comprised of at least four colleges which further divide into multiple divisions, (approximately 32 separate divisions under the 4 colleges) therefore, may have a need to provide a variation in landing pages and/or portals for each college and division aligned under the UDOT organizational structure. DAS DAS is comprised of seven distinct divisions which employ a combined 500 state employees. Each division additionally provides services to other state agencies and occasionally higher education, school districts and local government for a combined total audience of 100,000 additional users who would take between zero and 2 trainings annually. DWS Learning Management System
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DWS trains 1800 internal employees and around 100+ contracted employees. In the near future the number of contracted employees taking training may increase substantially (into the 1000’s). Contracted employees are required to take fewer courses. The current training catalog has 200+ classroom courses, 70+ online tests, 60+ webbased courses, and a handful of external online courses. Employees are required to complete approximately 15 mandatory webbased courses each year (27,000 WBT hits). The department trains 200+ new employees annually. Incumbent division employees and new hires follow prescribed learning plans to complete extensive programspecific coursework. DWS expects to migrate employee training history to the new system. The following two agencies (DHS and Corrections) anticipate participating in the future, but not as part of the initial contract. The information below is provided as information only so that Offerors can submit a bid relative to these agencies structures. Instructions for bidding Price can be found in Appendix B – RFP Response Requirements and also in Appendix B Attachment C Pricing Structure. DHS DHS employs approximately 4,000 full and parttime employees. They are the largest department in state government and are comprised of 10 separate divisions. DHS provides critical services to the state’s most vulnerable citizens. DHS may also employ approximately 2,000 external, contracted employees, who require licensing, certification and training along varying timelines. Many of the full time employees progress in their careers based on defined career paths. Each career path will have a learning plan based on their role and organizational needs. Employees can also occupy multiple roles in the organizational hierarchy. LMS usage will vary based on role, and licensing/certification requirements. Some employees will access the system monthly, while others need access annually. Corrections Corrections has approximately 2000 internal users on a learning plan. Utah Department of Corrections trains approximately 2000 employees annually. This includes officers, support staff and volunteers. Officers are required to complete 40 hours of training each year to maintain their certification. Support staff and volunteers complete approximately 20 hours a year. All will have a learning plan with specific training to complete.
2.3
Constraints, Assumptions and Dependencies
The key constraints, assumptions and dependencies for this project are: ●
The State has a limited budget and may not be able to acquire and implement all the desired functionality through the initial phase.
●
The State desires to implement a solution that provides bestinclass and industry leading technologies and business processes. Learning Management System Appendix A, Page 11
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●
This document contains the State’s requirements based on our current understanding. Additional requirements may emerge as the project progresses.
●
The State will do its best to provide the resources necessary for successful implementation of this project.
2.4
LMS Requirements
LMS requirements are the functional requirements for the software based on The State’s current understanding of needs, business goals, and business processes. The LMS requirements will also be used as a guide for implementation of the LMS solution and in developing testing protocols to verify system functionality. The State is open to vendor recommendations toward improving or enhancing best practices as applicable with software and industry standards. LMS requirements are listed in tables within each section. Requirements are listed with the following: ●
A unique requirement identifier (Req ID) is provided, which is numbered by LMS section.
●
A requirement description is provided.
●
For some requirements an indication is made as to whether the Proposer needs to provide a narrative description to explain their approach to fulfilling the requirement (as defined in Appendix B), or if a narrative description is optional at the discretion of the Proposer.
●
Levels of importance are provided which are defined as follows: Required – Indicates a feature or functionality that must be provided in the LMS solution. Not meeting this requirement may disqualify the proposer, at the sole discretion of the State. Desired – Indicates a feature or functionality that the State would like to have in the LMS solution, but is not essential.
There are LMS requirements below that have been identified as Pass/Fail. These requirements are identified by being highlighted in RED and having (Pass/Fail) listed after their description. If any of these requirements are not provided (marked as “No” in the LMS Response Requirement Form) the submitted proposal will be deemed nonresponsive and will not be considered for evaluation.
3.0
SYSTEM REQUIREMENTS
System requirements are the hardware and software components of a system that are required to install and run the software efficiently.
3.1
Architecture
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System architecture defines the conceptual structure and functional behavior of a computer system. The LMS solution must be configurable and customizable (according to definitions) and allow for integration with other systems. The State is requiring Software as a Service (SaaS) for this implementation. Webbased capabilities and communication with a variety of mobile tools to accommodate flexible user access are required. Generally, the State’s current environment uses Oracle database and tools (Forms/Reports, Apex), Oracle Application Server, Oracle Enterprise Linux, Apache Web Server, IBM Cognos BI, and ArcGIS Server. The State does not want to introduce new infrastructure components into the environment. Table 1.
3.1 Desired Architectural Features
REQ ID Requirement Are you providing Software as a Service (SaaS) and is your software web-based and 3.1.a compatible with multiple browsers (i.e. Chrome, Firefox, Internet Explorer, Safari, etc.)? If so, describe and address if any applets or plug-ins are required. (Pass/Fail) Does your application use HTTPS (128 bit minimum requirement) for communication with the 3.1.b application? Is HTTPS used for all connections or only certain activities? Is your software accessible via a variety of mobile devices including Android, Windows, and 3.1.c IOS based devices? Specify whether mobile access is handled via native apps, responsive design, device specific implementation, etc. 3.1.d Does your software include audit, event and error logs and reports?
3.2
Licensing
Flexible licensing options are important to the State as there will be multiple types of users needing different types of access to the proposed solution. As previously described under Section 2.2 User Characteristics, users will include internal and external individuals. In addition to full administrator access, there may be additional limited access such as occasional approval, viewing of dashboards and reports, readonly access to one or more specific training or certification, readonly access to rolledup/aggregated data, read/write, read/write/delete, and system administration access. Table 2. REQ ID 3.2.a 3.2.b 3.2.c
3.2.d 3.2.e
3.2 Desired Licensing Features Requirement Do you offer different types of licenses based on type of user access (i.e. based on frequency of use, casual read-only, full access, system administration, database level access, etc.)? Please describe the types of licenses you offer? Is your licensing based on concurrent users, named users, or another method? Do you offer discounts based on number of licensed users? Without including price or discount amount, please provide your user count licensing breaks and associated discount percentages. Can you support a full scale enterprise solution implementation assuming a maximum of 20,000 State employee users and 120,000 external users? If “yes,” explain your phased implementation plan (including timelines) required to scale to that level of support. (Pass/Fail) Do you allow database level access (using Toad or other similar tools) in order to develop queries for reporting and data extraction and does this require a special license?
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3.3
Bid WA16001
Integration
The LMS solution will need to integrate with the State’s existing and planned enterprise systems. Table 3. REQ ID 3.3.a 3.3.b
3.4
3.3 Desired Integration Features Requirement Does your solution integrate with any industry leading software? Please explain existing integrations. Does your solution provide an open API to interact with our internal and homegrown systems?
Performance and Scalability
The LMS solution must have the ability to be implemented for additional departments after the initial implementation, and will require scalability as to the number of users and business functions incorporated or integrated into the overall system over time. New business functions should be able to be rolled out without interruption of existing functions. Table 4. REQ ID 3.4.a 3.4.b 3.4.c 3.4.d 3.4.e 3.4.f 3.4.g
3.5
3.4 Desired Performance and Scalability Features Requirement Does the software solution allow for multiple Departments to have access to different features/functionality? (Pass/Fail) Does the software allow us to enable/disable features/functionality within an already functioning module without disrupting user access? Does the software allow us to enable a new module currently not in use without disrupting user access? Is your solution highly available? If so, what is your percentage of uptime per year? Do patches or upgrades to the software disrupt user access? Describe your patch and upgrade frequency and processes. How will we be notified of changes? Will we be given the opportunity to test changes? How are changes deployed? Do you have policies and procedures in place to address system performance issues? Please describe how performance issues are handled. Please describe how owner provided pro-active suggestions are incorporated into the solution. Can your solution scale from a very small implementation (less than 1,000 users) to a very large implementation (100,000’s of users)? Without disclosing any pricing, please describe how you handle the expansion of an implementation including expected timeline.
Development, Testing, and Recovery
The ability to make modifications to an application over time whether that be to apply patches or upgrades, enable new functionality, develop reports, interfaces, etc., is an important part of a maintaining a critical application. The State’s Software Development LifeCycle (SDLC) requires that we maintain separate development and test environments in order to isolate the production environment from such changes. In addition, effective disaster recovery capabilities and processes are required. Learning Management System
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Table 5. REQ ID 3.5.a
3.5.b
3.5.c 3.5.d 3.5.e
3.6
Bid WA16001
3.5 Development, Testing, and Disaster Recovery Requirements Requirement Does your software support separate development and test environments including tools and utilities for migrating changes, patches, and upgrades from development to test and then to production? Please provide details on recommended configurations, migration processes, and best practices for the proposed software environment. Does your service include back-up services including regular incremental back-ups, local and off-site back-up storage, on-demand restoration of data from a back-up, etc.? Please describe your back-up services and processes. (Pass/Fail) Do you have disaster recovery plans and procedures for your data center and do you provide, as part of your service, the ability to quickly recover from a disaster? (Pass/Fail) Without providing pricing information, please provide details about the disaster recovery options you offer. Is your data center environment fully redundant (hardware, software and communications)? Please provide details of your configuration. Is your data center in a secured facility that restricts access (including hardware, software, back-ups, etc.) to only fully authorized personnel? (Pass/Fail) Please describe your environment.
Security
The LMS solution must provide a secure environment for system access, data storage, financial transactions, and user collaboration. Flexible and configurable rolebased access control is required. Nonstate personnel must be restricted to only that information directly connected to the company/organization they work for or their own private profile. The State of Utah has very specific requirements for access management including password configuration and update frequencies. The State of Utah policy 4000002 Enterprise Password Standards is attached as Appendix D for your reference. Table 6. REQ ID 3.6.a
3.6.b
3.6.c 3.6.d 3.6.e
3.6.f
3.6.g 3.6.h
3.6 Security Requirements Requirement Does the software utilize role-based access control and can security be configured based on multiple elements? (e.g. user-type, department, division, courses, etc.) (Pass/Fail) Does your solution provide for partitioned security? Can access be established such that only specific users can access data and reports from their organizational unit based on their user role? Can personal identifying information (i.e. SSN, pay rates, performance records, etc.) be specifically partitioned so that only specified users can access/edit that information? (Pass/Fail) Does your system allow for Single Sign On (SSO) and can your application integrate with the State of Utah’s Microsoft Active Directory for user ID and password verification and application access control for internal users while also accommodating external users that are not in the Active Directory? If your answer to item 3.6.b above is NO, can your system comply with Utah’s password standards (see Appendix D - Utah Enterprise Password Standards) Does the software maintain a dissemination log of all queries and user access to the Database - to include: Date, time, User ID, file /record accessed, and changes made? Do you utilize proactive tools and procedures to guard against unauthorized access or data loss? Provide a detailed explanation of how you are securing your data, hardware, and network, including, but not limited to; what virus scanning utilities you are using, firewalls, intrusion detection, etc. (Pass/Fail) Do you have system incident resolution policies and procedures in place? State policy requires immediate notification of any successful unauthorized access to the system or information. Please describe your incident response plan. (Pass/Fail) Do you have policies and procedures in place in the event of a system outage? Please
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3.6.i
4.0
Bid WA16001
describe how system outages are handled including notification and return to service timeframes. (Pass/Fail) The State of Utah requires that all data stored in cloud or SaaS environments be at facilities physically located in the United States. Do you comply with this requirement? (Pass/Fail)
BUSINESS REQUIREMENTS
LMS business requirements are divided into four primary business functions: General Features, Training Registration, Course Delivery, and Records Management.
4.1
General Features
General Business Overall, the LMS needs to be userfriendly and easy to access. It should provide a collaborative environment. The software should allow for easy management and administration of various courses, including easy payment acceptance and tracking. The software should assist the State in structuring and enforcing best practices, including ensuring the highest quality training and certification processes available, maintaining accurate and complete records, providing timely and actionable reports, fostering adherence to established workflows, and audit practices. Reporting and Dashboard Reporting requirements span across all business requirement areas. LMS data will need to be queried, filtered, sorted, and searched across multiple hierarchical levels with various access and reporting options. Standard and configurable reports should be available and easy to use. Dashboard reporting capabilities should be accessible for multiple user levels, and may be integrated with existing State dashboard reports. Table 7. REQ ID 4.1.a 4.1.b 4.1.c 4.1.d 4.1.e 4.1.f 4.1.g 4.1.g.1
4.1 General Features Requirement
Narrative Required
Importance
Is your solution user-friendly and intuitive? Is your solution Section 508 (29 U.S.C. ‘794 d) ADA compliant and accessible to persons with disabilities? Does your solution support users with native languages other than English? (i.e. Spanish, French, Laotian, etc.) Does your solution provide a simple API access to support the migration of records into and out of the system? Does your solution provide the ability to charge ($) for some courses based on user attribute? Does your solution have the ability to track training efforts and costs associated by course with ability to roll up to the organizational level? Does your solution have the ability to collect course registration fees from non-State users? If your answer to 4.1.g is YES, does your solution have the ability to interface with Utah GovPay?
Yes
Required
Opt
Required
Opt
Desired
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
https://secure.utah.gov/utahinteractive/solutions-gov-pay.html
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4.1.h 4.1.h.1 4.1.h.2 4.1.i 4.1.j 4.1.k 4.1.l 4.1.m 4.1.n 4.1.n.1
4.1.p
4.1.q 4.1.r
4.1.s 4.1.t
4.2
Does your solution allow for complete custom branding or cobranding with the State? If your answer to 4.1.h is YES, can branding be set at a department level so that departmental sites can be easily distinguished from one another? If your answer to 4.1.h is YES and without discussing costs, is there an additional fee for co-branding or custom branding? Does your solution have the ability to accept employee data feed from our internal Human Resource Information System (HRIS)? If so, how often will it connect (daily, real-time, etc.)? Does your solution allow for the automated creation of a unique identifying number that will follow a user? Does your solution allow for the manual association of multiple unique identifiers (i.e. EINs, license numbers, certification numbers, etc.) that will follow a user? Does your solution provide dynamic filtering and searching capabilities across all business requirements, including searches based on any given unique identifier? Does your solution have the ability to import /export data and reports into / from external spreadsheets / systems? Does your system allow for automated and manual email messages for confirmation of registration, payments, etc? If your answer to 4.1.n is YES can the email be sent from a specifically identified individual (e.g. manager, instructor, etc.)? Does your solution provide dashboard reporting, such as: Individual, shared, and executive dashboards configurable by role or individual user Multiple graphic reporting capabilities “Drill down” capabilities from dashboards into applicable data (as security/roles allow) Does your solution support digital signatures that ensure the authenticity of the signer? Specify level/type of digital signature security supported by the system. Does your solution provide competency paths ensuring coursework addresses specific competency and skill gaps? Does your solution provide and track individualized development plans to address skill gaps as they pertain to career ladders? (i.e. if an individual wants to advance will the system tell them what training they need for advancement?) Does your solution allow administrators to reorganize based upon divisional structure within the Department?
Bid WA16001
Opt
Desired
Opt
Desired
Opt
Desired
Yes
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Yes
Required
Yes
Desired
Opt
Required
Opt
Required
Opt
Desired
Training Registration
Training Registration is a key business requirement. Table 8. REQ ID
4.2.a
4.2.b
4.2 Training Registration Requirements Requirement Can courses be designated and assigned as required or recommended for specific groups or profiles, such as by department, unit, public, state employees, job, position, job family, supervisors, individuals, groups of employee (as defined by each department), risk management groups, etc.? And can designations be combined? Does your solution provide an events calendar to facilitate scheduling and registration? Does it integrate with other
Learning Management System
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Narrative Required
Importance
Opt
Required
Yes
Required
Appendix A, Page 17
p. 32
State of Utah
Bid WA16001
calendar systems, specifically Gmail? Can we configure the calendar to allow for State holidays? 4.2.c 4.2.d 4.2.e 4.2.f
4.2.g 4.2.h 4.2.i 4.2.j 4.2.k
4.2.k.1
4.2.l
4.2.m
4.2.n
4.2.o 4.2.p
4.2.q
4.3
Does your solution keep track and notify users of necessary trainings or tests based on due dates and expiration dates, including expiring certifications, courses, licenses, etc? Can users view and modify their own applicable student profiles? Can your solution escalate notification of expirations and missed due dates to management? Can external licenses, certifications and transcripts be uploaded to the system with the same trackable attributes as an internal course, and tied to an individual's profile and learning plan? Does your solution have the capability to allow authorized users to register employees or users for required, recommended and optional trainings either by group or by user? Does your solution have waitlist functionality and administrator override for priority booking? Can individual users cancel or withdraw from trainings on their own? Does your solution provide a workflow to require approval for specific course registrations? Does your solution allow for prerequisites and other qualifications to be required for registration? If your answer to 4.2.k is YES, can training administrators override prerequisites when necessary? Does your system allow for recommended vs. required and “either/or” requirements? Can prerequisites be configured or assigned based on learner group? Does your solution allow users to view, identify interest in, and request courses in the library that aren’t currently scheduled or offered? Does the system support registration, delivery, and record keeping of content delivered by a third party, e.g., internet content, WBT delivered through an external LMS, and conference, workshop, and webinar attendance? Does your solution allow department-level training administrators to organize their section of the course library (catalog), create new courses, manage attendance, remove obsolete courses, set and account for fees, and otherwise administer training for their department? Does your solution allow the same course to be listed more than once in the same catalog? Does your solution provide an option for a catalog that presents a segregated library based on profiles? Can the system be set up when needed so that when a person signs up for a course their enrollment automatically launches access to course content (either immediately or when available) and then notifies them of their enrollment, class start date, and other relevant course information?
Opt
Required
Yes
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Opt
Desired
Yes
Required
Opt
Desired
Opt
Required
Opt
Required
Course Delivery
Course Delivery is a key business requirement.
Table 9.
4.3 Course Delivery Requirements
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REQ ID 4.3.a 4.3.a.1 4.3.a.2 4.3.a.3 4.3.b 4.3.b.1 4.3.b.2 4.3.b.3
4.3.c
4.3.d
4.3.d,1
4.3.e 4.3.f 4.3.g
4.3.h 4.3.i 4.3.j 4.3.k
4.3.l
4.3.m
4.3.n 4.3.o
Requirement
Narrative Required
Importance
Is your solution SCORM 1.2 conformant? Is your solution SCORM 2004 3rd and 4th Edition conformant? Is your solution AICC HACP conformant? Is your solution Tin Can API conformant? Does your solution empower instructors and training administrators to create and manage courses composed of a variety of learning activities? Does your solution allow instructors to define scoring and grading for their course and learning activities? If YES to 4.3.b, are they able to upload content, e.g., pdf, documents, slideshows, etc., for the course? If YES to 4.3.b, are they able to manage course participants (enroll, cancel, send correspondence, etc.) Does your solution support instructors and training administrators in the scheduling, registration, and follow-up processing of synchronous (time dependent) learning activities, e.g. live instructor led training held over the web or in a classroom? Does your solution support instructors and training administrators in the registration, and follow-up processing of asynchronous (time independent) learning activities, e.g. webbased training, online tests, assignments, etc? If YES, Is follow-up processing of asynchronous learning activities handled automatically by the system? (i.e. Do asynchronous learning activities automatically assign a completion status based on the score settings for the particular learning activity?) Does your solution support the scoring of learning activities by instructors and mentors?. (See definitions for score, learning activity, instructor, mentor.) Does your solution support the grading of courses as described in the Definition section above? Does your solution allow instructors to configure their courses to automatically award grades, xAPI statements, credits, badges, certifications, and qualifications upon successful completion of the course? Does your solution provide a content player that allows for PDF, Word and PowerPoint documents to be launched as a standalone learning activity with available scoring settings? Does your solution provide points, badges, leaderboards or other gamification functionality? If so, what standard(s) does it support, e.g. openBadges, etc? Does your solution include a test engine/player for delivering, scoring, and recording results of online tests? Does your solution include a test editor for creation and maintenance of online tests, e.g., multiple choice, essay, true/false? Does your solution offer pretest functionality that can be configured at the course level by the instructor to dynamically determine which learning activities of the course are required based on a student’s pretest scores? Does your solution offer posttest functionality that can determine, in conjunction with the scores of other required learning activities, the grade of the course and/or any xAPI statements, credits, badges, certifications, and qualifications that should be awarded by the course? Is your solution compatible with products that provide remote training such as Adobe Connect, iLinc, GoToWebinar, etc.? Does your solution support course content, i.e., learning
Opt Opt Opt Opt
Required Required Required Required
Yes
Required
Opt
Desired
Opt
Desired
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Opt
Desired
Opt
Desired
Opt
Desired
Opt
Required
Yes
Desired
Opt
Required
Opt
Desired
Opt
Desired
Opt
Desired
Opt
Required
Opt
Required
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Bid WA16001
Appendix A, Page 19
p. 34
State of Utah
4.3.p 4.3.q 4.3.r 4.3.s 4.3.t 4.3.u 4.3.v 4.3.w 4.3.x 4.3.y 4.3.z 4.3.aa
activities, that are compliant with SCORM, AICC, and TinCan standards regardless of which authoring tool was used to create them? Does your solution provide internal content authoring capabilities using an HTML editor? Can students upload assignments in various file formats, e.g., .pdf, .gif, .jpg, png, standard office document formats, etc? Does your solution allow for the ability to copy a course, curriculum, learning activity or any other learning item that is created in the system? Can a course be set up to allow students to retake it for credit on a yearly basis (i.e. annual compliance training)? Does your solution allow instructors and training administrators to limit the number of times a student can access or gain credit through a learning activity or course? Does your solution allow an instructor to print a class role? Does your solution allow instructors and training administrators to assign mentors to specific learning activities and students? Does your solution support a mentor or instructor in scoring learning activities assigned to their students. Does your solution allow instructors and mentors to add free format comments, i.e., feedback, to a student’s learning activity? Does your solution support social and collaborative learning methods such as discussion threads, document sharing and maintenance? Does your solution provide a variety of scoring and grading scales, and allow for configuration of additional scales? Does your solution provide configurable Kirkpatrick Level I course evaluation functionality?
4.4
Bid WA16001
Opt
Desired
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Opt
Desired
Opt
Desired
Yes
Desired
Opt
Required
Opt
Desired
Narrative Required
Importance
Opt
Required
Opt
Required
Opt
Desired
Opt
Required
Opt
Required
Opt
Required
Opt Opt
Required Required
Records & Reporting
Records & Reporting is a key business requirement. Table 10. REQ ID 4.4.a
4.4.b
4.4.c 4.4.d 4.4.e 4.4.f 4.4.g 4.4.h
4.4 Records & Reporting Requirements
Requirement Does your solution provide fully online asynchronous learning by automatically moving course completion records to a student’s training history without instructor/administrator involvement? Can your solution track credits (training hours or other credit measurements like CEU credits) earned by completing courses delivered through the LMS as well as track credits earned outside of the LMS, e.g. CEU credits earned by attending a professional conference? Does your solution support automated versioning of courses with or without a change in content? Does your solution show students and their supervisors what courses are required and recommended? Does your solution allow supervisors and students to see their training history such as course completion, grades, badges, qualifications, etc. Does your solution allow supervisors, managers, directors, executives, and training administrators to drill down to an individual’s training history? Can all data be exported in a CSV file? Can all reports be exported in a CSV or HTML file?
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State of Utah
4.4.i 4.4.j 4.4.k 4.4.l 4.4.m 4.4.n 4.4.o 4.4.p
5.0
Can pre-defined and ad-hoc reports be configured by administrators and other authorized users (such as internal report writers)? Does your solution have the ability to report who has not registered for a specific course? Can reports be run on a team, divisional, department level or by any of the other designations used to make courses required? Does your solution allow for users to document and flag completion of learning done outside state systems? Does your solution have the ability to run reports listing who has not completed, passed, or scored above or below a userdefined threshold for a specific course or online test? Does your solution generate downloadable, printable certificates of completion? Can users generate training transcripts? Does your solution provide a mechanism for archiving and hiding obsolete materials and courses from the user?
Bid WA16001
Opt
Required
Opt
Desired
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Opt
Required
Opt
Required
SERVICES
Services are an important aspect of a complete and successful solution. The successful proposer will offer a comprehensive suite of services including project implementation management, data conversion, system documentation, training and support. In this section the proposers must outline available services related to the implementation of a new solution to accommodate existing and improved business processes. The following services must also be included as part of the bid.
5.1
Project Implementation Management
The proposer will be expected to manage the LMS implementation, including tracking and reporting implementation progress, change management, risk management, system testing, and other project management tasks as appropriate. Proposers are expected to rely on their own past experience with implementing projects of a similar size and taking into consideration unique aspects of this particular environment. For example, there are some State homegrown applications which have been developed using Oracle Forms & Reports, Google Docs, and various other tools and programs to track completions and certifications in partnership with other market tools for delivery. The information, workflows, and processes currently existing will need to be transitioned and satisfactory processes and tools for replacement will have to be implemented where applicable.
5.2
Data Conversion
As part of the implementation process, certain information may need to be extracted from existing systems and imported into the proposed solution. This LMS does not require the proposer to create interfaces to existing systems; however, the State will require assistance in the development of interfaces. Describe your data conversion processes and expectations. Learning Management System
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State of Utah
5.3
Bid WA16001
System Documentation
System documentation, specifications, and documentation of any configuration or customization change is a required deliverable of this project. Summarize and describe your system documentation and specifications that cover end user howto, system administration, system architecture, database (logical and physical data models), interfaces, data conversion, system logic, workflows and any other applicable documentation.
5.4
Training
Training will be a critical element toward a successful LMS implementation. Describe your training for endusers and system administrators. What is your training approach, delivery method, schedule, resources, etc? Describe the differences between your training for customizable components versus those for configurable components.
5.5
Support
Ongoing support will be a key factor in the continued success of the LMS solution. Describe your support services for application administrators. What are the hours of support availability during weekdays and weekends? What process do you expect to be implemented for escalating issues to the Contractor? Who will respond to inquiries and how will they communicate with the enduser? Describe your support response times for various issues ranging from system down and data corruptions, to minor inquiries. How do you prioritize your support for clients?
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State of Utah
Bid WA16001
APPENDIX B - ATTACHMENT A.1 Learning Management System Stage One (Short-listing) Example Scoring Sheet Scores will be assigned as follows: Proposer: _________________________
1 = Poor, The Proposal fails to address the requirements described in the RFP or it addresses the requirements inaccurately or poorly. 2 = Fair, The Proposal addresses the requirements described in the RFP in an unsatisfactory manner. 3 = Good, The Proposal addresses all of the requirements described in the RFP in a satisfactory manner. 4 = Very Good, The Proposal addresses all of the requirements described in the RFP and, in some respects, exceeds them. 5 = Excellent, The Proposal addresses and exceeds all of the requirements described in the RFP.
Short-listing Scoring Sheet Each Proposal will be scored based upon how well the Proposer has met the criteria below, considering the Project Goals identified in Appendix A - Scope of Work & System Requirements Section 1.1.4. See Appendix B (RFP Response Requirements) Section 3.3 Project Team / Capability of the Proposer 3.3 (b) How proposed key members will meet project goals 3.3 (c) Why company and solutions are best suited to manage the program 3.3 (e) Spreadsheet of similar projects managed 3.3 (f) Successful methods, approaches, and innovations on similar projects See Appendix A Scope of Work Requirements as identified on Appendix B Form A (LMS Response Form) 3.1 Architecture 3.2 Licensing 3.3 Integration 3.4 Performance and Scalability 3.5 Development, Testing and Recovery 3.6 Security See Appendix A Scope of Work Requirements as identified on Appendix B Form A (LMS Response Form) 4.1 General Features 4.2 Training Registration 4.3 Course Delivery 4.4 Records & Reporting
Points Possible
Enter Score Multiply by (1-5) Weight
Equals Points
35 40
5 5
7 8
35 40
45 30
5 5
9 6
45 30
150
Total Points for Section
150
40 40 35 25 25 35
5 8 5 8 5 7 5 5 5 5 5 7 Total Points for Section
40 40 35 25 25 35 200
110 150 130 110
5 22 5 30 5 26 5 22 Total Points for Section
110 150 130 110 500
200
500
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State of Utah
See Appendix B (RFP Response Requirements) Section 3.5 Technical Approach Narrative 3.5.1 General Approach 3.5.2 Services Approach 3.5.3 Resources and Capabilities 3.5.4 Project Challenges 3.5.5 Implementation Plan
Total Points Available for Short-listing
Bid WA16001
150 30 45 20 25 30
1000
5 6 5 9 5 4 5 5 5 6 Total Points for Section TOTAL SCORE
30 45 20 25 30 150 1000
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Bid WA16001
APPENDIX B - ATTACHMENT A.2 Learning Management System DRAFT Stage Two (Final) Scoring Sheet Scores will be assigned as follows: 1 = Poor, The Proposal fails to address the requirements described in the RFP or it addresses the requirements inaccurately or poorly.
Proposer: _________________________
2 = Fair, The Proposal addresses the requirements described in the RFP in an unsatisfactory manner. 3 = Good, The Proposal addresses all of the requirements described in the RFP in a satisfactory manner. 4 = Very Good, The Proposal addresses all of the requirements described in the RFP and, in some respects, exceeds them. 5 = Excellent, The Proposal addresses and exceeds all of the requirements described in the RFP.
Application Functionality Checklist Each Product Demonstration will be scored based upon how well the Proposer has met the criteria below, considering the Project Goals identified in Appendix A - Scope of Work & System Requirements Section 1.1.4.
Points Possible
Enter Score Multiply by (1-5) Weight Equals Points
Section will be scored on the additional following criteria: - How is the requirement met? (O, CFG, CST, TPV/O, TPV/CFG, TPV/CST) - Ease of use - Ease of access *Incorporate provided State data System Requirements 3.1 Architecture 3.3 Integration 3.4 Performance and Scalability 3.6 Security
60
Business Requirements 4.1 General Features 4.2 Training Registration 4.3 Course Delivery 4.4 Records and Reporting
300
Services 5.1 Project Implementation Management
40
20 10 10 20
5 5 5 5
4 2 2 4
20 10 10 20
25 100 100 75
5 5 5 5
5 20 20 15
25 100 100 75
40
5
8
40 400
Total
User-Interface Questions Each Product Demonstration will be scored based upon how well the Proposer has met the criteria below, considering the Project Goals identified in Appendix A - Scope of Work & System Requirements Section 1.1.4. Section will be scored on the following criteria: How well is the question/request addressed by the Proposer and/or the Proposed solution?
Points Possible
Enter Score Multiply by (1-5) Weight Equals Points
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State of Utah
Bid WA16001
User-Interface Questions
250
Demonstrate the applications ease of use features including navigation, dropdowns, user prompts, identification of required fields, date field entry, etc. Demonstrate the applications user help capabilities including field help, screen help, tool-tips, help topic search, etc. Demonstrate input of data from an external source through a batch process or using an API. Demonstrate interface messages and how they guide a user through proper use of the system and enforce data quality. Demonstrate how to setup a new user and the implementation of role-based security. Demonstrate how to setup a new course. Demonstrate how your solution empowers instructors and training administrators to create and manage courses composed of a variety of learning activities. Demonstrate an automated email message for confirmation of registration, payment, etc. and then demonstrate a manual email message for a similar action. Demonstrate how a course is moved from required to scheduled and to completed. Demonstrate the search capabilities and how a user can find specific information in the system (i.e. all training completed in July for a specific course, or all remaining users requiring certification for a specific course, etc.). Demonstrate reporting capabilities (i.e. course-level, Department -level, financial status, adhoc queries, dashboards, etc.) Demonstrate how your system provides a competency path that enables the State and users to clearly see and track career skills gaps. Demonstrate off-line data entry and synchronization via multiple mobile devices such as a laptop, iPad or iPhone, or Android device. Demonstrate ease of configuration (add/modify work flow, forms, data fields, course creation, reports, etc.).
20
5
4
20
20
5
4
20
15
5
3
15
15
5
3
15
15
5
3
15
20
5
4
20
20
5
4
20
20
5
4
20
15
5
3
15
15
5
3
15
20
5
4
20
20
5
4
20
20
5
4
20
15
5
3
15
50
5
10
50
50
Overall Approach Discuss your overall approach to this project including your methodology, proposed project plan, resource requirements (from both the Proposer and the State), change in management techniques, risk management, and any other concerns you may have about this project.
300
Total
Application Functionality User-Interface and Scope Price Total for Demonstration and Price
Pts. Available
Score
400 300 300 1000
400 300 300 1000
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p. 41
State of Utah
Bid WA16001
APPENDIX B ATTACHMENT A.3
REQUEST FOR PROPOSAL Learning Management System
DRAFT ‐ Product Demonstrations Instructions and Format 1. The Product Demonstrations are an opportunity for the short‐listed Proposers to demonstrate their team capabilities and application features as well as how those features meet the needs and requirements of the project. It is expected that what is shown during these demonstrations reflects what has been presented in the Technical proposals, what was bid as part of the price proposal submittal, and also what will be provided upon selection, as part of the Contract. 2. Demonstrations will be held at the following location: Calvin Rampton Complex 4501 South 2700 West Taylorsville, Utah 84129 The Schedule for the presentations will be determined at the time of short‐listing. The Department anticipates that the schedule may look something like this: Monday August 31, 2015: UDOT John Njord Conference Room 1st Floor ~ Proposer A Tuesday September 1, 2015: UDOT John Njord Conference Room 1st Floor ~ Proposer B Thursday September 2, 2015: UDOT John Njord Conference Room 1st Floor ~ Proposer C 3. Each Proposer will be allowed to bring a maximum of 4 individuals to participate on the demonstration day. Additional individuals beyond the four in attendance may be available via telephone for technical support. 4. A common set of data is being provided for all short‐listed teams to use in the demonstration of their proposed solution. This data may include user data, training materials, etc. 5. All Proposers will be required to demonstrate the full functionality of the Scope of Work submitted in their Price Proposal and discussed by the Proposer in their Technical Proposal. This includes all items identified as “Required” in Appendix A – Scope of Work Requirements. Items identified as “Desired” in Appendix A – Scope of Work Requirements are not necessarily required to be demonstrated, however if “Desired” items are demonstrated, and included in the proposed solution, then those items will be scored as part of the overall criteria for which they are associated. 6. The application(s) must be able to be installed/accessed via multiple desktop computers so that multiple Evaluation Team members are all able to test the application simultaneously. The application is to also be fully functioning and accessible to the State through Thursday September 3rd to allow for additional testing by the Evaluation Team. The State may use VirtualBox to allow for testing on multiple computers during the evaluation time. 7. System Requirements RFP – Appendix B – Attachment A.3
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7.1. A 1‐2 page write‐up (see section 9 of this document) must specify in detail what (if anything) the State will need to obtain and provide to make it possible for the Proposer to demonstrate all of the functionality of their application(s). It will be the responsibility of the Proposer to assist the State in making sure that all applications are ready to be demonstrated PRIOR to August 31st. Given the SaaS nature of the applications, the write‐up does not need to reference what hardware and software the Proposer will be using to host their data and applications but will need to reference the system requirements (if any specifically required) for the State to access the data via a web application. 8. Write‐Up 8.1. By 5:00 p.m. (MDT) on August 25th, 2015, short‐listed Proposers are required to submit to the State a 1‐2 page write‐up stating both the physical and software resources that will be required for the State to install in order to facilitate and evaluate the product demonstration. This would include RAM, processor speed, OS, etc. 8.2. If the State does not currently own licenses for the required software, Proposer will be required to assist the State in obtaining appropriate demo licenses. 8.3. Proposers must also coordinate with the State for the setup of any required virtual servers prior to their assigned installation date. 8.4. Include the amount of setup time required the week before the presentation for UDOT to plan accordingly. 8.5. Include the amount of preparation time required the morning of the presentation. The State is only planning for 1 hour of preparation time. Any additional time needed will be deducted from the presentation time (which is currently slated to be 4 hours). 8.6. Write‐ups are to be emailed to the State Purchasing Agent. 8.7. It is recommended that all necessary data be uploaded prior to the day of presentations. No additional time will be given for presentations that are held up because the data has not been uploaded and may be preventing the presentation from taking place. 8.8. The State values an efficient and timely installation and coordination process. 8.9. Identify in your write‐up the primary contact for the State to work with for this demonstration. Provide name, office phone number, cell phone number, and email address. 8.10. Failure to provide the required write‐up, prior to the deadline identified above, may result in that Proposer being declared non‐responsive and ultimately disqualified. Proposers are responsible for confirming that the State has received their required write‐up on‐time. 9. Product Demonstration Schedule for Presentation Day (all times are in MDT):
RFP – Appendix B – Attachment A.3
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Bid WA16001
8:30‐ 9:30 – Preparation Time ● Open time for Proposers to prepare for presentation. Additional time will not be provided earlier in the morning or the night before. The following will take place in a UDOT Conference Room with access to a Projector and White Board: 9:30 – 9:40 ‐‐ Introductions/Directions of Presentation Format 9:40 – 10:00 ‐‐ Open Presentation ● Proposers free to present on anything they desire from their offers 10:00 – 11:30 – Application Functionality Checklist Run‐through ● Using the Proposer’s applications, Proposer will present the elements for the following sections: o System Requirements o Business Requirements o Services ● For each of the elements, Proposers will be scored according to the following criteria: o How is the requirement met? (O, CFG, CST, TPV/O, TPV/CFG, or TPV/CST) o Ease of use o Accessibility 11:30 – 1:00 ‐‐ Working Lunch for the Evaluation Team ● Proposers and evaluators obtain lunch offsite 1:00 – 1:30 – Scope & Experience Question Period ● The State will ask each Proposer the same questions, as identified in the Scope of Work Questions and Experience Questions sections of the Interface, Scope, and Experience Checklist. Follow‐up questions may be asked, but all follow‐up questions will be related to the topic being focused on in the original question. The Department has allotted 30 minutes to cover all of these questions, the Proposer will indicate to the team when they have completed an answer and are ready to move on from one question to the next. The Proposer is responsible to watch the time and to accommodate enough time to get through all questions within the allotted 30 minutes. The following will take place in the UDOT Training Room with access to multiple CPU stations: 1:45 – 3:00 ‐‐ Demonstration of Applications and User‐Interface ● Proposers to demonstrate the applications & User‐Interfaces, and how to navigate through the software solution. ● Using the Proposer’s applications, Proposer will present the requirements for the User‐ Interface as shown in part on the User‐Interface Questions section of the Interface, Scope, and Experience Checklist. 3:00 – 5:00 ‐‐ The State Testing of Applications and Data Integration ● The State to navigate through the data and test the applications. UDOT may also use this time to test the use of the applications remotely. 5:00 – 5:30 ‐‐ Wrap up RFP – Appendix B – Attachment A.3
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Bid WA16001
10. During the time that the evaluators are testing the application it is anticipated that the Proposer will be available at a moment’s notice to the evaluators. Proposers are encouraged to remain in the building, in a separate conference room that will be provided. As questions come up, the Proposer may be requested to enter the testing environment to answer questions and then return to the identified conference room. 11. Once the presentation and testing has taken place, the evaluators will compile and submit their scores. 12. The Selection Team will meet once all the presentations have taken place and discuss the evaluations as a group. The team will then finalize the scores following the same process as the short‐listing. 13. The scores will be provided to State Purchasing. State Purchasing will add in the scores for the prices using the pricing model that was outline in the RFP and provide back to the Selection Team the final total scores to identify the winning Proposer. 14. State Purchasing will then contact all Proposers with the results of the process and announcement of the selected Proposer. The State will be using the attached checklists to verify that the applications that have been provided by the Proposers have met the requirements of the RFP.
RFP – Appendix B – Attachment A.3
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Bid WA16001
APPENDIX B RFP Response Requirements 1. PURPOSE The purpose for these guidelines is to assure consistency in format and content in the Proposal prepared by Offerors and submitted to the State. All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, rules, policies and the evaluation criteria established in the RFP. Each Offeror bears sole responsibility for the items included or not included within the response submitted by the Offeror. A committee will evaluate proposals against the weighted criteria identified. Each area of the evaluation criteria must be addressed in detail in the proposal. Unless the State rejects all Proposals or cancels this procurement, the Contract will be procured using best value (price and other factors, as identified in this RFP) as a basis of selection. The State’s intent is to award the Contract to the responsible Offeror whose Proposal is most advantageous to the State, taking into consideration qualifications, the price and criteria identified herein. By submitting a Proposal, Offerors agree that they understand that the selection will be based on the best value to the State and the process is, by its nature, subjective. 2. PROPOSAL SUBMITTAL Proposals will be prepared as outlined below and contain all required material. The evaluation criteria are listed in red in Section 3 and 4 of this Appendix B - RFP Response Requirements. Proposals must be provided in the format identified in Tables B-1, B-2, and B-3.
Table B-1 Technical Proposals
All Offerors are required to submit the following, identified in Tables B-1 and B-2. Section Proposal Section 1
Title / Content RFP Form
Page Limitations 1 page maximum
Proposal Section 2
Executive Summary, Protected Information, and Potential Conflicts of Interest
Proposal Section 3
Project Team / Capability
1 page maximum for Executive Summary 1 page maximum for the Business Confidentiality Form 1 page maximum for Potential Conflicts 3 pages maximum, including the related project experience spreadsheet
Proposal Section 4
Appendix B Form A – LMS Response Form
Completed form is limited to 28 pages maximum
Proposal Section 5
Additional Technical Approach Narrative
4 pages maximum
Proposal Section 6
Exceptions and Additions to the Standard Terms and Conditions
N/A
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Content Reference(s) RFP Appendix B (RFP Response Requirements) Section 3.1 RFP Appendix B (RFP Response Requirements) Section 3.2 RFP Appendix B (RFP Response Requirements) Section 3.3 RFP Appendix B (RFP Response Requirements) Section 3.4 RFP Appendix B (RFP Response Requirements) Section 3.5 RFP Appendix B (RFP Response Requirements) Section 3.6
Appendix B, Page 1
p. 46
State of Utah
Bid WA16001
Table B-2 Price Proposals
All Offerors are required to submit the following, identified in Tables B-1 and B-2. Section Price Proposal
Title / Content Cost Proposal Form (sealed until after the Product Demonstrations)
Page Limitations Limited to the completed Cost Proposal Form
Content Reference(s) RFP Appendix B (RFP Response Requirements) Section 4.1
Table B-3 Product Demonstrations
Only the short-listed Offerors, as identified in Section 7 of this Appendix B (RFP Response Requirements), will be required to provide the following, identified in Table B-3. Section Product Demonstrations
Title / Content Product Demonstrations
Page Limitations Limited to the content of the Demonstrations as identified in the Demonstration Instructions
Content Reference(s) RFP Appendix B (RFP Response Requirements) Section 4.2 and Appendix B Attachment A.3 (Draft Product Demonstration Instructions and Format)
3. STAGE ONE (Short-listing) EVALUATION CRITERIA 3.1. Section 1 – RFP Form The State’s Request for Proposals form completed and signed by the Offeror.
3.2. Section 2 - Executive Summary, Protected Information, and Potential Conflicts of Interest Executive Summary - The executive summary is to briefly describe the Proposal. This summary should highlight the major features of the Proposal. The reader should be able to determine the essence of the Proposal by reading the executive summary. Protected information requests must be identified in this section (see section 1.22 of the RFP for details). Protected Information - All protected/proprietary information must be identified in this section of the proposal response, by completing the Claim of Business Confidentiality form located at: http://www.purchasing.utah.gov/vendorinformation.html If offeror’s proposal response contains protected/proprietary information (refer back to the Protected Information section of this RFP for additional information) then offeror must submit a redacted copy of the proposal response at the same time offeror submits its proposal response. The redacted copy of the offeror’s proposal response must be submitted in compliance with the other sections of this RFP. Offeror acknowledges that its proposal response or redacted copy will be made public upon the State’s receipt of a GRAMA request. Offeror will not be notified of any GRAMA request made to the State for offeror’s proposal response. If offeror submits a redacted copy then the State will respond to a GRAMA request for offeror’s proposal response with offeror’s redacted copy. However, if offeror fails to submit a redacted copy then the State will respond to a GRAMA request with offeror’s proposal response, which will result in offeror’s protected/proprietary information, if any, being made public. Contractor acknowledges that notations
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Appendix B, Page 2
p. 47
State of Utah
Bid WA16001
in the header, footer or watermark of the proposal response will not be considered sufficient to constitute a request for non-disclosure of protected/proprietary information. Potential Conflicts of Interest - Offeror must identify any conflict, or potential conflict of interest, that might arise during the course of the project. If no conflicts are expected, include a statement to that effect in the Proposal. 3.3. Section 3 - Project Team / Capability – 15% of total Stage One (short-listing) score (see section 7 of this Appendix) The Evaluation Team will consider how well the qualifications and experience of the members of the Project Team relate to the project goals and to the project requirements. The following information must be provided: a) Organizational Structure o Company name and the number of years in business. o Number of major customers contracted for work of this nature. o Identify any/all sub-consultants. b) Narrative describing how the proposed key members of the team will meet the stated Project Goals identified in Appendix A (Scope of Work and Requirements) Section 1.1.4. c) A brief overview of your company and why your company and your company’s solution(s) are best suited to perform the contract work for the State’s needs. This narrative should clearly communicate your understanding of the requirements as identified in the RFP. d) Explain if Offeror is owner of the software being proposed or a legally authorized distributer. e) Provide a spreadsheet list of similar, relevant projects your team has managed during the last six years. The Lead Principal Participant must have past experience performing this type of work. The spreadsheet should include the following information. o Name of Offeror’s Project Manager o Year (Award of Contract and Completion Date) o Project Location o Project Description (include a brief description of the scope and magnitude of the work and relevance to this project) o Cost/Scope performance – initial Bid and proposed scope, final cost and provided scope, reasons for change (if any) o Client o Provide three reference contacts with telephone numbers for each client. At least one reference must be the Project owner o Indicate if Prime or Sub-Contractor f)
Provide a narrative that describes successful methods, approaches, and innovations implemented on the listed projects. Also include a brief description of role(s) performed by the Offeror on each project. 3.4. Section 4 - Appendix B Form A – LMS Response Form – 70% of total Stage One (short-listing) score (see section 7 of this Appendix)
This Proposal section, and Proposal section 5 (identified in Section 3.5 below) should constitute the major portion of the proposal and must be a concise overview of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed. In any case wherein the offeror cannot comply with a
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Appendix B, Page 3
p. 48
State of Utah
Bid WA16001
provision outlined in the “Detailed Scope of Work”, such inability must be stated in response to the applicable requirement. The Evaluation Team will consider how well the Offeror’s technical approach achieves the Project Goals and Requirements presented in the RFP. This will constitute the major portion of the Proposal. 3.4.1. The LMS Response write-up must follow the format of the LMS Scope of Work found in Appendix A. 3.4.2. Below is an example of some of the requirement tables from Appendix A (Scope of Work & Requirements). General Requirements REQ ID Requirement 4.1.a
Is your solution user-friendly and intuitive?
Narrative Required Yes
Importance Required
a. REQ ID: This ID is to be used when a requirement is being referenced within the proposal b. Requirement: A defined requirement, formulated in the form of a question c. Narrative Required: When the identifier in this column is a “Yes”, a short narrative must be provided responding to the question(s) identified for that requirement. This narrative is to be provided on Appendix B, Attachment B – LMS Response Form. Offerors should identify specific assumptions regarding each item and also discuss potential risks and mitigation measures applicable to each item. It is up to the Offeror to determine the length of each written narrative taking into consideration the overall page limit, criteria weights, the Project Goals, and the State priorities. If no narrative is provided when required, a score of zero will apply for that specific requirement. If the identifier in this column is an “Opt”, it is up to the Offeror to determine if a narrative will be provided for further clarification of the response. d. Importance: Refer to Section 2.4 “LMS Requirements” of Appendix A (Scope of Work & Requirements). 3.4.3. Complete Appendix B, Attachment B – LMS Response Form for sections 3.0 and 4.0 of Appendix A (Scope of Work & System Requirements). a. For section 3.0 of Appendix A (Scope of Work & Requirements), identify a “Yes” or “No” if the function listed is provided and then provide a narrative addressing all items identified within that section’s table. Follow the format of the provided Appendix B, Attachment B – LMS Response Form. Do not alter the tables relative to the questions asked by the State or related to the number of requirements addressed by a single narrative. b. For section 4.0 of Appendix A (Scope of Work & Requirements), fill in the additional fields identifying how the function is to be provided using the identifiers listed below. The identifiers along the top of the LMS Response Form for section 4.0 are defined in the Definitions Section of Appendix A (Scope of Work & Requirements) beginning on page Appendix A, Page 4. The identifiers are identified by the following acronyms on the LMS Response Form: ● O: Out of the Box ● CFG: Configurable
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Appendix B, Page 4
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Bid WA16001
● CST: Customizable ● TPV/O: Third-Party Vendor Out of the Box ● TPV/CFG: Third-Party Vendor Configurable ● TPV/CST: Third-Party Vendor Customizable ● N/A: Feature/function not available by any means 3.5. Section 5 – Additional Technical Approach Narrative - 15% of total Stage One (short-listing) score (see section 7 of this Appendix): 3.5.1. General Approach - Discuss the overall approach to sections 3.0 and 4.0 of the Scope of Work in Appendix A (Scope of Work & System Requirements). 3.5.2. Services Approach - Discuss the specific approach to section 5.0 of the Scope of Work in Appendix A (Scope of Work & System Requirements). 3.5.3. Other Resources and Capabilities - Describe additional resources and capabilities that your company will bring to the Project and how these resources and capabilities will be beneficial in achieving the Project Goals (identified in Section 1.1.4 of Appendix A – Scope of Work & System Requirements) and performing the work as defined in Appendix A (Scope of Work & Requirements). 3.5.4. Project Challenges - Discuss the potential project challenges. Describe any Project challenges that are anticipated by your company and how you plan to mitigate the risk of these challenges. 3.5.5. Implementation Plan - Discuss the implementation plan for the Project. Do not make any mention of the prices submitted. 3.6. Section 6 – Exceptions and Additions to the Standard Terms and Conditions Proposed exceptions and additions to the Standard Terms and Conditions must be submitted in this section. Offeror must submit a redline document in Word format identifying the proposed exceptions to the RFP terms and conditions with the proposal submission for review and evaluation purposes. Website URLs, or information on website URLs may not be requested in the RFP document and may not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. Offeror must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations of the terms and conditions in the proposal response. If there are no exceptions and additions to the Standard Terms and Conditions, indicate “None” in this section.
4. STAGE TWO (Final) SELECTION CRITERIA 4.1. Price Proposal – 30% of Stage Two (final) selection score (see section 8 of this Appendix): Cost will be evaluated independently from the Technical response, and must be submitted separate from the Technical response. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive.
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Appendix B, Page 5
p. 50
State of Utah
Bid WA16001
Price scores will be held from the Evaluation Team until after the scores have been assigned to the shortlisted Offerors for the Product Demonstration. At that point the price scores, for the short-listed Offerors, will be added to the Stage Two (final) selection scores. Ratio Calculation: Points assigned to each offeror’s cost proposal will be based on the lowest proposal price. The offeror with the lowest Proposed Price will receive 100% of the price points. All other offerors will receive a portion of the total cost points based on what percentage higher their Proposed Price is than the Lowest Proposed Price. An Offeror whose Proposed Price is more than double (200%) the Lowest Proposed Price will receive no points. The formula to compute the points is: Cost Points x (2- Proposed Price/Lowest Proposed Price). The Contract will be awarded at the sole discretion of the Department, including the decision to phase the implementation of the project components. Offerors are required to provide a price for every Price item or to specifically identify where the costs for that item are included in the bid. Price Proposals must be reflective of the content of the Technical Proposal and the Product Demonstrations. Proposals that are discovered to be conflicting in their Technical and Price Proposals may be declared non-responsive. Costs for all features identified in Appendix A (Scope of Work & Requirements), and identified in the Offerors Technical Proposal as included, must be accounted for in the scored Price Proposal. If the State is required to purchase additional licensing, outside of the contracted costs, those costs must be identified as part of the bid. Offerors must use Appendix B - Attachment C Cost Proposal Form for their price submittal. Instructions for how to fill out the form are found within the document. The LMS Main Bid Sheet will be used to assign the Price Score. The LMS Informational Bid Sheets 1 & 2 must be provided but will not be scored and will be used for informational purposes only. 4.2. Product Demonstrations – 70% of Stage Two (final) selection score (see section 8 of this Appendix): Short-listed Offerors will provide a Product Demonstration to the State’s Evaluation Team, and their technical advisers. The content of the Product Demonstration must reflect what was presented in the Technical Proposal. Any features that are shown during the Product Demonstration will be expected to be part of the finished product. Short-listed Offerors will be asked to demonstrate the user-interfaces of the software applications required as part of the Scope of Work identified in Appendix A (Scope of Work & Requirements) of the RFP. A portion of the Product Demonstration will be dedicated to the demonstration and operability of the required software applications. During this block of time, the State will be allowed to navigate and make use of the Offerors’ applications. Offeror presence and oversight is encouraged during a portion of this period of the presentations. Offerors will be assigned a specific date and block of time to present the data to the State. Final Product Demonstration Instructions and Format will be provided to the Short-listed Offerors after the Short-list has been determined. A draft of the Product Demonstration Instructions and Format along with an accompanying draft Product Demonstration Scoring Sheet is available to be previewed by Offerors (see Appendix B, Attachments A.2 and A.3). 5. PROPOSAL FORMAT REQUIREMENTS Submittals must be clear, concise, and in the following format so they may be evaluated in an objective manner by the State’s Evaluation Team. Penalty points may be assessed for each violation of any of the RFP Response Requirements.
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Appendix B, Page 6
p. 51
State of Utah
o
o o o
o o o
Bid WA16001
Do not combine the Technical Proposal with the Price Proposal. Provide as separate proposals. Do not discuss costs in the Technical Proposal or during the Product Demonstrations 8½" × 11" Page Sizes – A page is defined as a single-sided 8.5" × 11" sheet that contains text, pictures, tables, graphs, charts, plan sheets, or any other graphics. One (1") Margins – Exceptions: Offeror Name/Logo and Page Headers/Footers may be within margin. 10 Pt Font and 12 Pt Line Spacing, Minimums – The minimum font size is 10 point font or greater everywhere in the Proposals excluding drawings, graphs, matrices, and schedules. The minimum line spacing is 12 point. Clearly Separate the Sections (as identified in Table B-1 of this Appendix) for easy reference by the Evaluation Team. Any additional Appendices or information provided by the Offeror but not requested by the State will not be reviewed by the Evaluation Team. Do not include a reference or link to additional information. If Proposals contain references or links, the State will assume additional pages are used. Internet links included in responses will not be utilized.
6. REQUESTS FOR CLARIFICATION BY THE EVALUATION TEAM The Offeror will provide accurate and complete information to the State. If information is not complete, the State will either declare the Proposal non-responsive or notify the Offeror, who may be allowed to participate further in the procurement if all information required is provided within the timeframe established by the State. 7. STAGE ONE (Short-listing) PROCESS Evaluation criteria defined in sections 3.3 – 3.5 of this Appendix B, will be used to determine a short-list of the most highly qualified Offerors. The Evaluation Team members will first receive copies of each Technical Proposal submitted. They will review and score the Technical Proposals individually based on the evaluation criteria outlined in sections 3.3 – 3.5 of this Appendix and according to the point distribution outlined on the RFP Stage One (Shortlisting) Score sheet (see Appendix B, Attachment A.1). The Evaluation Team will then meet to determine the short-list of the most highly qualified Offerors. The State will short-list Offerors based off a pre-determined minimum point threshold. Any Offeror receiving an overall Stage One (short-listing) score of 600 points or higher will move on to the Product Demonstration as discussed in Section 4.2 above. Point breakdown for the Stage One Technical Proposal short-listing evaluation is as follows:
Stage One (Short-listing) Criteria 3.3 Project Team / Capability of the Offeror 3.4 Appendix B, Attachment B – LMS Response Form (points distributed between Section 3.0 and Section 4.0) 3.5 Additional Technical Approach Narrative Total
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Max. Score Available 150 700 150 1000
Appendix B, Page 7
p. 52
State of Utah
Bid WA16001
See the RFP Stage One (Short-listing) Score Sheet, Appendix B – Attachment A.1 for a more detailed breakout. There are LMS requirements in the Appendix B, Attachment B – LMS Response Form that have been identified as Pass/Fail. These requirements are identified by being highlighted in RED and having (Pass/Fail) listed after their description. If any of these requirements are not provided (marked as “No” in the LMS Response Form) the submitted proposal will be deemed non-responsive and will not be considered for evaluation. 8. STAGE TWO (Final) SELECTION PROCESS Each of the Short-listed Offerors will also be assigned a specific date and time, anticipated to be within the window defined in section 1.1 of Appendix A (Scope of Work & Requirements), to provide their Product Demonstration. The Evaluation Team members will participate in the Product Demonstration and will score the Presentations based on the evaluation criteria outlined in section 4.2 of this Appendix and according to the point distribution outlined on the Product Demonstration Scoresheet (see Appendix B, Attachment A.3). The Evaluation Team will then meet to discuss scores and comments and determine Final Product Demonstration scores. Price scores for each of the Short-listed Offerors will be unveiled to the Evaluation Team and added to the Product Demonstration scores. Points from the short-listing process will not carry over to the Stage Two (Final) Selection. The project will be awarded to the Offeror with the highest total score based upon the points assigned to each of the evaluation criteria sections outlined in the following table: Max. Percentage Available
Stage Two (Final) Selection Criteria 4.2 Product Demonstration 4.1 Price Proposal Total
700 300 1000
See the Example Stage Two (Final) Score Sheet, Appendix B, Attachment A.3 for a more detailed breakout. 9. COST BENEFIT ANALYSIS The Utah Procurement Code §63G-6a-708, requires a cost-benefit analysis to be completed by the State if the highest score awarded by the Evaluation Committee, including the score for cost, is awarded to a proposal other than the lowest cost proposal, and the difference between the cost of the highest scored proposal and the lowest cost proposal exceeds the greater of $10,000 or 5% of the lowest cost proposal. The statute outlines the procedures and processes to be used by the State prior to making a final award. 10. AWARD OF CONTRACT After the evaluation and final scoring of proposals is completed, the procurement officer shall award the contract as soon as practicable (except as provided in Section §63G-6a-708 Cost Benefit Analysis) to the eligible responsive and responsible offeror with the highest score.
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Appendix B, Page 8
p. 53
State of Utah
Bid WA16001
The State reserves the right to award the contract(s) to a technically qualified lower cost offeror(s) in the event the high scoring offer is determined to not be the best value offered to the State, based on a cost benefit analysis. All offerors should note that Section 63G-6a-402(6) UCA requires the issuing procurement unit, for the duration of any contract awarded through this RFP, to make available contact information of the winning contractor to the Department of Workforce Services in accordance with Section 35A-2-203 of the Utah Code. This requirement does not preclude a contractor from advertising job openings in other forums throughout the state. 11. SUMMARY The Proposal should provide the State's Evaluation Team Members with an understanding of the Offeror Team’s ability to undertake and complete the proposed Project in a thorough and timely manner. Proposals should be concise, straightforward and prepared simply and economically. Expensive displays, bindings or promotional materials are neither desired nor required. However, there is no intent in these instructions to limit a proposal’s content or to exclude any relevant or essential data. The State reserves the sole right, without incurring any liability, to change any aspect of the proposed procurement described above, including the right to not proceed with the procurement and/or the right to proceed in a different manner or on a different timeline than as described herein.
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Appendix B, Page 9
p. 54
State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form 3.1 Desired Architectural Features Data Identification Table REQ ID
Requirement
Requirement Provided? Yes / No
3.1.a
Are you providing Software as a Service (SaaS) and is your software web-based and compatible with multiple browsers (i.e. Chrome, Firefox, Internet Explorer, Safari, etc.)? If so, describe and address if any applets or plug-ins are required. (Pass/Fail)
3.1.b
Does your application use HTTPS (128 bit minimum requirement) for communication with the application? Is HTTPS used for all connections or only certain activities?
3.1.c
Is your software accessible via a variety of mobile devices including Android, Windows, and IOS based devices? Specify whether mobile access is handled via native apps, responsive design, device specific implementation, etc.
3.1.d
Does your software include audit, event and error logs and reports?
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Page 1 p. 55
State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form 3.2 Desired Licensing Features Data Identification Table Requirement Provided? Yes / No
REQ ID
Requirement
3.2.a
Do you offer different types of licenses based on type of user access (i.e. based on frequency of use, casual read-only, full access, system administration, database level access, etc.)? Please describe the types of licenses you offer?
3.2.b
Is your licensing based on concurrent users, named users, or another method?
3.2.c
Do you offer discounts based on number of licensed users? Without including price or discount amount, please provide your user count licensing breaks and associated discount percentages.
3.2.d
Can you support a full scale enterprise solution implementation assuming a maximum of 20,000 State employee users and 120,000 external users? If “yes,” explain your phased implementation plan (including timelines) required to scale to that level of support. (Pass/Fail)
3.2.e
Do you allow database level access (using Toad or other similar tools) in order to develop queries for reporting and data extraction and does this require a special license?
3.3 Desired Integration Features
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State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form Data Identification Table Requirement Provided? Yes / No
REQ ID
Requirement
3.3.a
Does your solution integrate with any industry leading software? Please explain existing integrations.
3.3.b
Does your solution provide an open API to interact with our internal and homegrown systems?
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Bid WA16001
Appendix B, Attachment B LMS Response Form 3.4 Desired Performance and Scalability Features Data Identification Table Requirement Provided? Yes / No
REQ ID
Requirement
3.4.a
Does the software solution allow for multiple Departments to have access to different features/functionality? (Pass/Fail)
3.4.b
Does the software allow us to enable/disable features/functionality within an already functioning module without disrupting user access?
3.4.c
Does the software allow us to enable a new module currently not in use without disrupting user access?
3.4.d
Is your solution highly available? If so, what is your percentage of uptime per year?
3.4.e
Do patches or upgrades to the software disrupt user access? Describe your patch and upgrade frequency and processes. How will we be notified of changes? Will we be given the opportunity to test changes? How are changes deployed?
3.4.f
Do you have policies and procedures in place to address system performance issues? Please describe how performance issues are handled. Please describe how owner provided pro-active suggestions are incorporated into the solution.
3.4.g
Can your solution scale from a very small implementation (less than 1,000 users) to a very large implementation (100,000’s of users)? Without disclosing any pricing, please describe how you handle the expansion of an implementation including expected timeline.
3.5 Development, Testing, and Disaster Recovery Requirements Data Identification Table
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State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form REQ ID
3.5.a 3.5.b
Requirement Provided? Yes / No
Requirement
Does your software support separate development and test environments including tools and utilities for migrating changes, patches, and upgrades from development to test and then to production? Please provide details on recommended configurations, migration processes, and best practices for the proposed software environment. Does your service include back-up services including regular incremental back-ups, local and off-site back-up storage, on-demand restoration of data from a back-up, etc.? Please describe your back-up services and processes. (Pass/Fail)
3.5.c
Do you have disaster recovery plans and procedures for your data center and do you provide, as part of your service, the ability to quickly recover from a disaster? (Pass/Fail) Without providing pricing information, please provide details about the disaster recovery options you offer.
3.5.d
Is your data center environment fully redundant (hardware, software and communications)? Please provide details of your configuration.
3.5.e
Is your data center in a secured facility that restricts access (including hardware, software, back-ups, etc.) to only fully authorized personnel? (Pass/Fail) Please describe your environment.
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State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form 3.6 Security Requirements Data Identification Table Requirement Provided? Yes / No
REQ ID
Requirement
3.6.a
Does the software utilize role-based access control and can security be configured based on multiple elements? (e.g. user-type, department, division, courses, etc.) (Pass/Fail)
3.6.b
Does your solution provide for partitioned security? Can access be established such that only specific users can access data and reports from their organizational unit based on their user role? Can personal identifying information (i.e. SSN, pay rates, performance records, etc.) be specifically partitioned so that only specified users can access/edit that information? (Pass/Fail)
3.6.c
Does your system allow for Single Sign On (SSO) and can your application integrate with the State of Utah’s Microsoft Active Directory for user ID and password verification and application access control for internal users while also accommodating external users that are not in the Active Directory?
3.6.d
If your answer to item 3.6.b above is NO, can your system comply with Utah’s password standards (see Appendix D - Utah Enterprise Password Standards)
3.6.e
Does the software maintain a dissemination log of all queries and user access to the Database - to include: Date, time, User ID, file /record accessed, and changes made?
3.6.f
Do you utilize proactive tools and procedures to guard against unauthorized access or data loss? Provide a detailed explanation of how you are securing your data, hardware, and network, including, but not limited to; what virus scanning utilities you are using, firewalls, intrusion detection, etc. (Pass/Fail)
3.6.g
Do you have system incident resolution policies and procedures in place? State policy requires immediate notification of any successful unauthorized access to the system or information. Please describe your incident response plan. (Pass/Fail)
3.6.h
Do you have policies and procedures in place in the event of a system outage? Please describe how system outages are handled including notification and return to service timeframes. (Pass/Fail)
3.6.i
The State of Utah requires that all data stored in cloud or SaaS environments be at facilities physically located in the United States. Do you comply with this requirement? (Pass/Fail)
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Bid WA16001
Appendix B, Attachment B LMS Response Form
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State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form 4.1 General Features Data Identification Table REQ ID
Requirement
Narrative Required
Importance
4.1.a
Is your solution user-friendly and intuitive?
Yes
Required
4.1.b
Is your solution Section 508 (29 U.S.C. ‘794 d) ADA compliant and accessible to persons with disabilities?
Opt
Required
4.1.c
Does your solution support users with native languages other than English? (i.e. Spanish, French, Laotian, etc.)
Opt
Desired
4.1.d
Does your solution provide a simple API access to support the migration of records into and out of the system?
Opt
Required
4.1.e
Does your solution provide the ability to charge ($) for some courses based on user attribute?
Opt
Required
4.1.f
Does your solution have the ability to track training efforts and costs associated by course with ability to roll up to the organizational level?
Opt
Required
4.1.g
Does your solution have the ability to collect course registration fees from non-State users?
Opt
Required
Opt
Required
Opt
Desired
4.1.g.1
If your answer to 4.1.g is YES, does your solution have the ability to interface with Utah GovPay?
O
CFG
CST
TPV/O
TPV/CF G
TPV/CS T
https://secure.utah.gov/utahinteractive/solutions-gov-pay.html
4.1.h
Does your solution allow for complete custom branding or co-branding with the State?
4.1.h.1
If your answer to 4.1.h is YES, can branding be set at a department level so that departmental sites can be easily distinguished from one another?
Opt
Desired
4.1.h.2
If your answer to 4.1.h is YES and without discussing costs, is there an additional fee for co-branding or custom branding?
Opt
Desired
4.1.i
Does your solution have the ability to accept employee data feed from our internal Human Resource Information System (HRIS)? If so, how often will it connect (daily, real-time, etc.)?
Yes
Required
4.1.j
Does your solution allow for the automated creation of a unique identifying number that will follow a user?
Opt
Required
Opt
Required
4.1.k
Does your solution allow for the manual association of multiple unique identifiers (i.e. EINs, license numbers, certification numbers, etc.) that will
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State of Utah
Bid WA16001
Appendix B, Attachment B LMS Response Form follow a user? 4.1.l
Does your solution provide dynamic filtering and searching capabilities across all business requirements, including searches based on any given unique identifier?
Opt
Required
4.1.m
Does your solution have the ability to import /export data and reports into / from external spreadsheets / systems?
Opt
Required
4.1.n
Does your system allow for automated and manual email messages for confirmation of registration, payments, etc?
Opt
Required
Opt
Desired
4.1.p
Does your solution provide dashboard reporting, such as: Individual, shared, and executive dashboards configurable by role or individual user Multiple graphic reporting capabilities “Drill down” capabilities from dashboards into applicable data (as security/roles allow)
Yes
Required
4.1.q
Does your solution support digital signatures that ensure the authenticity of the signer? Specify level/type of digital signature security supported by the system.
Yes
Desired
4.1.r
Does your solution provide competency paths ensuring coursework addresses specific competency and skill gaps?
Opt
Required
4.1.s
Does your solution provide and track individualized development plans to address skill gaps as they pertain to career ladders? (i.e. if an individual wants to advance will the system tell them what training they need for advancement?)
Opt
Required
4.1.t
Does your solution allow administrators to reorganize based upon divisional structure within the Department?
Opt
Desired
4.1.n.1
If your answer to 4.1.n is YES can the email be sent from a specifically identified individual (e.g. manager, instructor, etc.)?
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Appendix B, Attachment B LMS Response Form
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Appendix B, Attachment B LMS Response Form 4.2 Training Registration Requirements Data Identification Table REQ ID
Requirement
Narrative Required
Importance
4.2.a
Can courses be designated and assigned as required or recommended for specific groups or profiles, such as by department, unit, public, state employees, job, position, job family, supervisors, individuals, groups of employee (as defined by each department), risk management groups, etc.? And can designations be combined?
Opt
Required
4.2.b
Does your solution provide an events calendar to facilitate scheduling and registration? Does it integrate with other calendar systems, specifically Gmail? Can we configure the calendar to allow for State holidays?
Yes
Required
4.2.c
Does your solution keep track and notify users of necessary trainings or tests based on due dates and expiration dates, including expiring certifications, courses, licenses, etc?
Opt
Required
4.2.d
Can users view and modify their own applicable student profiles?
Yes
Required
4.2.e
Can your solution escalate notification of expirations and missed due dates to management?
Opt
Required
Opt
Required
Opt
Required
4.2.f 4.2.g
Can external licenses, certifications and transcripts be uploaded to the system with the same trackable attributes as an internal course, and tied to an individual's profile and learning plan? Does your solution have the capability to allow authorized users to register employees or users for required, recommended and optional trainings either by group or by user?
4.2.h
Does your solution have waitlist functionality and administrator override for priority booking?
Opt
Required
4.2.i
Can individual users cancel or withdraw from trainings on their own?
Opt
Required
4.2.j
Does your solution provide a workflow to require approval for specific course registrations?
Opt
Required
4.2.k
Does your solution allow for prerequisites and other qualifications to be required for registration?
Opt
Required
Opt
Required
4.2.k.1
If your answer to 4.2.k is YES, can training administrators override prerequisites when necessary? Does your system allow for
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Appendix B, Attachment B LMS Response Form recommended vs. required and “either/or” requirements?. Can prerequisites be configured or assigned based on learner group?
4.2.l
Does your solution allow users to view, identify interest in, and request courses in the library that aren’t currently scheduled or offered?
Opt
Desired
4.2.m
Does the system support registration, delivery, and record keeping of content delivered by a third party, e.g., internet content, WBT delivered through an external LMS, and conference, workshop, and webinar attendance?
Opt
Desired
4.2.n
Does your solution allow department-level training administrators to organize their section of the course library (catalog), create new courses, manage attendance, remove obsolete courses, set and account for fees, and otherwise administer training for their department?
Yes
Required
4.2.o
Does your solution allow the same course to be listed more than once in the same catalog?
Opt
Desired
4.2.p
Does your solution provide an option for a catalog that presents a segregated library based on profiles?
Opt
Required
4.2.q
Can the system be set up when needed so that when a person signs up for a course their enrollment automatically launches access to course content (either immediately or when available) and then notifies them of their enrollment, class start date, and other relevant course information?
Opt
Required
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Bid WA16001
Appendix B, Attachment B LMS Response Form
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Appendix B, Attachment B LMS Response Form 4.3 Course Delivery Requirements Data Identification Table REQ ID
4.3.a 4..3.a.1 4.3.a.2 4.3.a3
Requirement Is your solution SCORM 1.2 conformant? Is your solution SCORM 2004 3rd and 4th Edition conformant? Is your solution AICC HACP conformant? Is your solution Tin Can API conformant?
Narrative Required
Importance
Opt
Required
Opt
Required
Opt
Required
Opt
Required
4.3.b
Does your solution empower instructors and training administrators to create and manage courses composed of a variety of learning activities?
Yes
Required
4.3.b.1
Does your solution allow instructors to define scoring and grading for their course and learning activities?
Opt
Desired
4.3.b.2
If YES to 4.3.b, are they able to upload content, e.g., pdf, documents, slideshows, etc., for the course?
Opt
Desired
4.3.b.3
If YES to 4.3.b, are they able to manage course participants (enroll, cancel, send correspondence, etc.)
Opt
Required
Opt
Required
Opt
Required
Opt
Desired
Opt
Desired
4.3.c
4.3.d
4.3.d.1 4.3.e
Does your solution support instructors and training administrators in the scheduling, registration, and follow-up processing of synchronous (time dependent) learning activities, e.g. live instructor led training held over the web or in a classroom? Does your solution support instructors and training administrators in the registration, and follow-up processing of asynchronous (time independent) learning activities, e.g. web-based training, online tests, assignments, etc? If YES, Is follow-up processing of asynchronous learning activities handled automatically by the system? (i.e. Do asynchronous learning activities automatically assign a completion status based on the score settings for the particular learning activity?) Does your solution support the scoring of learning activities by
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Appendix B, Attachment B LMS Response Form instructors and mentors?. (See definitions for score, learning activity, instructor, mentor.) 4.3.f
Does your solution support the grading of courses as described in the Definition section above?
Opt
Desired
Opt
Desired
4.3.h
Does your solution provide a content player that allows for PDF, Word and PowerPoint documents to be launched as a standalone learning activity with available scoring settings?
Opt
Required
4.3.i
Does your solution provide points, badges, leaderboards or other gamification functionality? If so, what standard(s) does it support, e.g. openBadges, etc?
Yes
Desired
4.3.j
Does your solution include a test engine/player for delivering, scoring, and recording results of online tests?
Opt
Required
4.3.k
Does your solution include a test editor for creation and maintenance of online tests, e.g., multiple choice, essay, true/false?
Opt
Desired
Opt
Desired
Opt
Desired
Opt
Required
4.3.g
4.3.l
4.3.m
4.3.n
Does your solution allow instructors to configure their courses to automatically award grades, xAPI statements, credits, badges, certifications, and qualifications upon successful completion of the course?
Does your solution offer pretest functionality that can be configured at the course level by the instructor to dynamically determine which learning activities of the course are required based on a student’s pretest scores? Does your solution offer posttest functionality that can determine, in conjunction with the scores of other required learning activities, the grade of the course and/or any xAPI statements, credits, badges, certifications, and qualifications that should be awarded by the course? Is your solution compatible with products that provide remote training such as Adobe Connect, iLinc, GoToWebinar, etc.?
4.3.o
Does your solution support course content, i.e., learning activities, that are compliant with SCORM, AICC, and TinCan standards regardless of which authoring tool was used to create them?
Opt
Required
4.3.p
Does your solution provide internal content authoring capabilities using an HTML editor?
Opt
Desired
Opt
Required
4.3.q
Can students upload assignments in various file formats, e.g., .pdf, .gif, .jpg, png, standard office document formats, etc?
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Appendix B, Attachment B LMS Response Form 4.3.r
Does your solution allow for the ability to copy a course, curriculum, learning activity or any other learning item that is created in the system?
Opt
Required
Opt
Required
4.3.t
Does your solution allow instructors and training administrators to limit the number of times a student can access or gain credit through a learning activity or course?
Opt
Required
4.3.u
Does your solution allow an instructor to print a class role?
Opt
Required
4.3.v
Does your solution allow instructors and training administrators to assign mentors to specific learning activities and students?
Opt
Desired
4.3.w
Does your solution support a mentor or instructor in scoring learning activities assigned to their students.
Opt
Desired
4.3.x
Does your solution allow instructors and mentors to add free format comments, i.e., feedback, to a student’s learning activity?
Opt
Desired
4.3.y
Does your solution support social and collaborative learning methods such as discussion threads, document sharing and maintenance?
Yes
Desired
4.3.z
Does your solution provide a variety of scoring and grading scales, and allow for configuration of additional scales?
Opt
Required
4.3.aa
Does your solution provide configurable Kirkpatrick Level I course evaluation functionality?
Opt
Desired
4.3.s
Can a course be set up to allow students to retake it for credit on a yearly basis (i.e. annual compliance training)?
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Appendix B, Attachment B LMS Response Form
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Appendix B, Attachment B LMS Response Form 4.4 Records & Reporting Requirements Data Identification Table REQ ID
Requirement
Narrative Required
Importance
4.4.a
Does your solution provide fully online asynchronous learning by automatically moving course completion records to a student’s training history without instructor/administrator involvement?
Opt
Required
4.4.b
Can your solution track credits (training hours or other credit measurements like CEU credits) earned by completing courses delivered through the LMS as well as track credits earned outside of the LMS, e.g. CEU credits earned by attending a professional conference?
Opt
Required
4.4.c
Does your solution support automated versioning of courses with or without a change in content?
Opt
Desired
4.4.d
Does your solution show students and their supervisors what courses are required and recommended?
Opt
Required
4.4.e
Does your solution allow supervisors and students to see their training history such as course completion, grades, badges, qualifications, etc.
Opt
Required
4.4.f
Does your solution allow supervisors, managers, directors, executives, and training administrators to drill down to an individual’s training history?
Opt
Required
4.4.g
Can all data be exported in a CSV file?
Opt
Required
4.4.h
Can all reports be exported in a CSV or HTML file?
Opt
Required
4.4.i
Can pre-defined and ad-hoc reports be configured by administrators and other authorized users (such as internal report writers)?
Opt
Required
4.4.j
Does your solution have the ability to report who has not registered for a specific course?
Opt
Desired
4.4.k
Can reports be run on a team, org unit, department level or by any of the other designations used to make courses required?
Opt
Required
4.4.l
Does your solution allow for users to document and flag completion of learning done outside state systems?
Opt
Required
4.4.m
Does your solution have the ability to run reports listing who has not completed, passed, or scored above or below a user-defined threshold for a specific course or online test?
Opt
Required
4.4.n
Does your solution generate downloadable, printable certificates of
Opt
Desired
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Appendix B, Attachment B LMS Response Form completion? 4.4.o 4.4.p
Can users generate training transcripts? Does your solution provide a mechanism for archiving and hiding obsolete materials and courses from the user?
Opt
Required
Opt
Required
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Page 19 p. 73
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Bid WA16001
Learning Management System Appendix B, Attachment C - Cost Proposal Form (LMS Main Bid Sheet) Proposer Name:
Costing Considerations 1. The list below is an estimate of the number of users who will need access to the solution. 2. Cost will be evaluated based on the total costs for the solution for the length of the contract (7 years). 3. Technical and Price Proposals must be reflective of one another; all costs necessary to implement the Proposed solution for the assumed number of users identified below must be indcluded on this Cost Proposal Form. 4. If zero is entered for any cell or if any cell is left blank, the State will assume that the related services are being provided at no cost or that those costs are built into another cost item.
Software & Services Configuration Based on information provided above and in the Scope of Work, please provide licensing, support, implementation and training costs required to successfully meet the requirements of this RFP. Please use the pricing chart below to show how the costs will be incurred for the project. Year 1 Total Base Users
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Total
Yearly Assumptions 7,500 Users 100,000 one-time (per-use) Users
Total User Costs Training & Implementation UDOT Training & Implementation DAS Training & Implementation DWS Training & Implementation Total Training & Implementation
$0.00 Year 1
$0.00
$0.00 Year 2
$0.00
$0.00 Year 3
$0.00
$0.00 Year 4
$0.00
$0.00 Year 5
$0.00
$0.00 Year 6
$0.00
$0.00 $0.00 $0.00
$0.00 Year 7
Total $0.00 $0.00 $0.00 $0.00
$0.00
Additional Required Costs If there are any additional costs that have not been identified above, that the State must incure in order to get a complete solution, please indicate those costs here. Description of Additional Cost Item Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Year 7
Total
$0.00 $0.00 $0.00 $0.00 $0.00 Total Additional Costs
Total Proposal Costs
7/2/2015 3:57 PM
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Learning Management System Appendix B, Attachment C - Cost Proposal Form (Informational Bid 1) Proposer Name:
Costing Considerations 1. The list below is an estimate of the number of users who will need access to the solution. 2. Cost will be evaluated based on the total costs for the solution for the length of the contract (7 years). 3. Technical and Price Proposals must be reflective of one another; all costs necessary to implement the Proposed solution for the assumed number of users identified below must be indcluded on this Cost Proposal Form. 4. If zero is entered for any cell or if any cell is left blank, the State will assume that the related services are being provided at no cost or that those costs are built into another cost item. 5. This Informational Bid Sheet must be completed but will not be scored and will be used for informational purposes only.
Software & Services Configuration Based on information provided above and in the Scope of Work, please provide licensing, support, implementation and training costs required to successfully meet the requirements of this RFP. Please use the pricing chart below to show how the costs will be incurred for the project. Year 1 Total Base Users
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Total
Yearly Assumptions 6,000 50,000 one-time (per-use) Users
Total User Costs Training & Implementation DHS Training & Implementation Corrections Training & Implementation Total Training & Implementation
$0.00 Year 1
$0.00
$0.00 Year 2
$0.00
$0.00 Year 3
$0.00
$0.00 Year 4
$0.00
$0.00 Year 5
$0.00
$0.00 Year 6
$0.00
$0.00 $0.00 $0.00
$0.00 Year 7
Total $0.00 $0.00 $0.00
$0.00
Additional Required Costs If there are any additional costs that have not been identified above, that the State must incure in order to get a complete solution, please indicate those costs here. Description of Additional Cost Item Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Year 7
Total
$0.00 $0.00 $0.00 $0.00 $0.00 Total Additional Costs
Total Proposal Costs
7/2/2015 3:57 PM
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Bid WA16001
Learning Management System Appendix B, Attachment C - Cost Proposal Form (Informational Bid 2) Proposer Name:
Costing Considerations 1. The list below is an estimate of the number of users who will need access to the solution. 2. Cost will be evaluated based on the total costs for the solution for the length of the contract (7 years). 3. Technical and Price Proposals must be reflective of one another; all costs necessary to implement the Proposed solution for the assumed number of users identified below must be indcluded on this Cost Proposal Form. 4. If zero is entered for any cell or if any cell is left blank, the State will assume that the related services are being provided at no cost or that those costs are built into another cost item. 5. This Informational Bid Sheet must be completed but will not be scored and will be used for informational purposes only.
Software & Services Configuration Based on information provided above and in the Scope of Work, please provide licensing, support, implementation and training costs required to successfully meet the requirements of this RFP. Please use the pricing chart below to show how the costs will be incurred for the project. Year 1 Total Base Users
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Total
Yearly Assumptions 14,000 150,000 one-time (per-use) Users
Total User Costs Training & Implementation UDOT Training & Implementation DAS Training & Implementation DWS Training & Implementation DHS Training & Implementation Corrections Training & Implementation Total Training & Implementation
$0.00 Year 1
$0.00
$0.00 Year 2
$0.00
$0.00 Year 3
$0.00
$0.00 Year 4
$0.00
$0.00 Year 5
$0.00
$0.00 Year 6
$0.00
$0.00 $0.00 $0.00
$0.00 Year 7
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
Additional Required Costs If there are any additional costs that have not been identified above, that the State must incure in order to get a complete solution, please indicate those costs here. Description of Additional Cost Item Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Year 7
Total
$0.00 $0.00 $0.00 $0.00 $0.00 Total Additional Costs
Total Proposal Costs
7/2/2015 3:57 PM
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Appendix D – Enterprise Password Standards DTS POLICY 4000-0002 Status: Active Policy Effective Date: April 15, 2013 Revised Date: May 14, 2013 Approved By: Mark VanOrden, CIO Authority: UCA §63F-1-103; UCA §63F-1-206; Utah Administrative Code
2.1 Purpose The purpose of this policy is to establish a standard for the creation of strong passwords, the protection of those passwords, and the frequency of change.
2.1.1 Scope The scope of this policy includes all State employees, contractors, temporary workers, volunteers and others who have access to State of Utah information resources with user ID and password authentication. All user IDs created on any State computing system or device must have an associated password that meets the standards of this policy. It is the responsibility of the State employee, contractor, temporary worker, volunteer, or other to adhere to this policy.
2.1.2 Background Common, default or shared passwords are ineffective and aid hackers and others in their illicit attempts to access systems and confidential data within the State of Utah. Protecting the State of Utah computers, systems, and data from unauthorized access is of preeminent importance. Strong passwords play a critical role in preventing unauthorized access.
2.1.3 Exceptions A business case for non-compliance must be established and the request for exemption approved in advance through a risk acceptance process where the Chief
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Information Officer or authorized designee is notified and approval for the exception is granted.
2.2 Definitions User IDs and passwords protect the integrity of information, provide authentication, control access, and establish user audit capabilities within the State of Utah computing environment and information resources. The combination of a user ID and password provide individual user validation that the person is authorized to access the system or device. A Supervisor level password would include administrative privileges to both applications and systems. Examples might be system access to an operating system on a server by a system administrator or the ability to manage an application by an application administrator or power user. User level passwords include basic access to applications and systems. An example would be things like access to email or a business application such as Finet.
2.3 Policy 2.3.1 Frequency of Change x
x x x
All supervisor level passwords (e.g., root, enable, sys admin, privileged accounts) must be changed every ninety days, or when someone with administrative privileges, or a possible knowledge of those passwords, leaves the organization, or is no longer performing duties that require supervisor level permissions. All user level passwords must be changed at least every ninety days. A history of a user's ten most recently used passwords will be maintained to restrict their reuse. After six consecutive unsuccessful password attempts a user account will be disabled until the password is reset by the user. Note: Users can reset passwords following the "Recover Account" link under Forgot your password on http://login.utah.gov/.
2.3.2 General Password Construction Guidelines x
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All supervisor and user level passwords must conform to the guidelines as described in this section. Selecting a strong password is of the utmost importance.
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x x x
x x o o o o x
Bid WA16001
Strong passwords have the following characteristics: A password should be at least eight characters in length. Passwords must not include any portion of your name, address, date of birth, Social Security Number, username, nickname, family name, pet name, sports team name or word that appears in a dictionary or any such word spelled backward. Passwords must have a combination of letter, numeric digits and special characters. Passwords must include at least one character from three of the following attributes: Uppercase characters (A-Z) Lowercase characters (a-z) Numeric Characters (0-9) Special Characters (i.e. !, @, #, $, %, ^, &, *, )) When changing a password it is not acceptable to simply add a number to the end of a previously used password. Example {password88, password89, etc.}
2.3.3 Password Creation Suggestions x
x x
Users should try to create passwords that can be easily remembered but not easily guessed. One way to do this is to create a password based on a song title, affirmation, or other phrase. Examples of ways to create passwords: "At work I am on my best behavior." The password could be: "@wIaombb" "Money is a good asset to have." The password could be: "$isaga2h" "The number 7 is a lucky number." The password could be: "T#7isal#"
2.3.4 Password Protection Standards x
x x
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Passwords must never be sent in clear text over the network. This includes email, chat, instant messaging, or any other non-secure form of information transfer. Passwords should never be stored in unsecured places, such as written down on a sticky note or saved unprotected on-line. Passwords used for the State of Utah computing environment and information resources should be different than those used for personal accounts (e.g., a personal ISP account or personal email accounts, benefits, banking etc.).
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State of Utah
x
x
Bid WA16001
User IDs and passwords should never be shared with anyone, including administrative assistants, coworkers, family members, a local network administrator, desktop technician, or supervisor. All passwords are to be treated as sensitive, confidential State of Utah information.
2.3.5 If a Password or User ID is Compromised Any time a user ID or password is suspected of being compromised, the password must be changed immediately, or a request made that the account be disabled.
2.3.6 Enforcement Violation of this policy may be the basis for discipline including but not limited to termination. Individuals found to have violated this policy may also be subject to legal penalties as may be prescribed by state and/or federal statute, and/or regulation.
Document History Originator: Richard Madsen, DTS Hosting Director Next Review: April 2016 Reviewed Date: March 2015 Reviewed By: Tim Hastings, Chief Information Security Officer
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5 ATTACHMENT A: STANDARD TERMS AND CONDITIONS FOR SERVICES STATE OF UTAH COOPERATIVE CONTRACT This is a State of Utah Cooperative Contract ( “State Cooperative Contract ”) for services (including professional services) meaning the furnishing of labor, time, or effort by a contractor. This State Cooperative Contract is the result of a cooperative procurement for the benefit of Eligible Users and may be used by Eligible Users without the Eligible Users signing a participating addendum. 1. DEFINITIONS: The following terms shall have the meanings set forth below: a) “Confidential Information” means information that is deemed as confidential under applicable state and federal laws, including personal information. The Eligible Users shall have the right to identify, during and after this Contract, additional types of categories of information that must be kept confidential under federal and state laws by Contractor. b) “Contract” means either: (i) the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference, or (ii) the Solicitation and the Proposal when accepted and signed by the Division. The format of the Contract, as described in the prior sentence, will be at the sole option of the Division. Additionally, the term “Contract” may include any purchase orders issued by the Division that result from this Contract. c) “Contract Signature Page(s)” means the State of Utah cover page(s) that the Division and Contractor sign. d) “Contractor” means the individual or entity delivering the Services identified in this Contract. The term “Contractor” shall include Contractor’s agents, officers, employees, and partners. e) “Division” means the State of Utah Division of Purchasing. f) “Eligible User(s)” means the State of Utah’s government departments, institutions, agencies, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts will be allowed to use this Contract. g) “End User Agreement” means any agreement, including an end user agreement, customer agreement, memorandum of understanding, statement of work, lease agreement, service level agreement, or any other named separate agreement in which the Eligible Users are required to sign in order to participate in this Contract. h) “Services” means the furnishing of labor, time, or effort by Contractor pursuant to this Contract. Services shall include, but not limited to, all of the deliverable(s) that result from Contractor performing the Services pursuant to this Contract. Services include those professional services identified in Section 63G -6a-103 of the Utah Procurement Code. i) “Proposal” means Contractor’s response to the Division’s Solicitation. j) “Solicitation” means the documents used by the Division to obtain Contractor’s Proposal. k) “State of Utah ” means the State of Utah, in its entirety, including its institutions, agencies, departments, divisions, authorities, instrumentalities, boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers. l) “Subcontractors” means subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Contractor, and includes all independent contractors, agents, employees, authorized resellers, or anyone else for whom the Contractor may be liable at any tier, including a person or entity that is, or will be, providing or performing an essential aspect of this Contract, including Contractor ’s manufacturers, distributors, and suppliers. 2. GOVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of Utah. Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all Services performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. 4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor’s performance and the payments made by Eligible Users to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow, at no additional cost, State of Utah and federal auditors, and Eligible User staff, access to all such records. 5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: This “Status Verification System” requirement, also referred to as “E-Verify”, only applies to contracts issued through a Request for Proposal process and to sole sources that are included within a Request for Proposal. 1. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. 2. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty 7/2/2015 3:57 PM of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify
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System” requirement, also referred to as “E-Verify”, only applies to contracts issued through a Request for Proposal process and to sole sources that are included within a Request for Proposal. State of Utah Bid WA16001 1. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. 2. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify the work eligibility status of Subcontractor ’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. 3. Contractor’s failure to comply with this section will be considered a material breach of this Contract. 6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the Division or of the State of Utah, unless disclosure has been made to the Division. 7. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the State Entity or the State of Utah. 8. INDEMNITY: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, the Eligible Users, and the State of Utah from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of the Division, Eligible Users, or the State of Utah. The parties agree that if there are any limitations of the Contractor ’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property. 9. EMPLOYMENT PRACTICES: Contractor agrees to abide by the following employment laws: (i)Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90 which prohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities; and (v) Utah's Executive Order, dated December 13, 2006, which prohibits unlawful harassment in the work place. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees. 10. AMENDMENTS: This Contract may only be amended by the mutual written agreement of the Division and Contractor, which amendment will be attached to this Contract. Automatic renewals will not apply to this Contract. 11. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, or proposed for debarment by any governmental department or agency, whether international, national, state, or local. Contractor must notify the State Entity within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract. 12. TERMINATION: Unless otherwise stated in this Contract, this Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and is subject to the remedies listed below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by either party, upon sixty (60) days written termination notice being given to the other party. The Division and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for Services properly performed prior to date of termination. Contractor shall be compensated for the Services properly performed under this Contract up to the effective date of the notice of termination. Contractor agrees that in the event of such termination for cause or without cause, Contractor’s sole remedy and monetary recovery from the State Entity or the State of Utah is limited to full payment for all Services properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a result of Contractor having to terminate other contracts necessarily and appropriately entered into by Contractor pursuant to this Contract. In no event shall the State Entity be liable to the Contractor for compensation for any services neither requested by the State nor satisfactorily performed by the Contractor. In no event shall the State Entity’s exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the State Entity for any damages or claims arising under this Contract. 13. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, this Contract may be terminated in whole or in part at the sole discretion of the Division, if the Division reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects the Divisions or the Eligible User ’s ability to pay Contractor. A change of available funds as used in this paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice is delivered, the Eligible User will reimburse Contractor for the Services properly performed until the effective date of said notice. The Division, the Eligible User, and the State of Utah will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written 7/2/2015 3:57 PM notice.
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paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. State of Utah If a written notice is delivered, the Eligible User will reimburse Contractor for the Services properly performed until the effective date of said notice. The Division, the Eligible User, and the State of Utah will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.
Bid WA16001
14. SALES TAX EXEMPTION: The Services under this Contract will be paid for from the Eligible User ’s funds and may be used in the exercise of the Eligible User ’s essential functions. Upon request, the Eligible User will provide Contractor with its sales tax exemption number. It is Contractor’s responsibility to request the Eligible User’s sales tax exemption number. It also is Contractor’s sole responsibility to ascertain whether any tax deduction or benefits apply to any aspect of this Contract. 15. INSURANCE: Contractor shall at all times during the term of this Contract, without interruption, carry and maintain commercial general liability insurance from an insurance company authorized to do business in the State of Utah. The limits of this insurance will be no less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) aggregate. Contractor also agrees to maintain any other insurance policies required in the Solicitation. Contractor shall provide proof of the required insurance policies to the Division within thirty (30) days of contract award. Contractor must add the State of Utah as an additional insured with notice of cancellation. Failure to provide proof of insurance, as required, will be deemed a material breach of this Contract. Contractor shall not cancel or allow the insurance policy to expire unless written notice has been given to the Division at least thirty (30) days prior to the cancelation or expiration. Contractor’s failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract. 16. WORKERS COMPENSATION INSURANCE: Contractor shall maintain during the term of this Contract, workers ’ compensation insurance for all its employees as well as any Subcontractor employees related to this Contract. Worker’s compensation insurance shall cover full liability under the worker’s compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. Contractor acknowledges that within thirty (30) days of contract award, Contractor must submit proof of certificate of insurance that meets the above requirements. 17. END USER AGREEMENT: If Eligible Users are required by Contractor to sign an End User Agreement before participating in this Contract, then a copy of the End User Agreement must be attached to this Contract. The term of the End User Agreement shall not exceed the term of this Contract, and the End User Agreement will automatically terminate upon the completion or termination of this Contract. An End User Agreement must reference this Contract, and may not be amended or changed unless approved in writing by the Division. Eligible Users will not be responsible or obligated for any early termination fees if the End User Agreement terminates as a result of completion or termination of this Contract. 18. LARGE VOLUME DISCOUNT PRICING: Eligible Users may seek to obtain additional volume discount pricing for large orders provided Contractor is willing to offer additional discounts for large volume orders. No amendment to this Contract is necessary for Contractor to offer discount pricing to an Eligible User for large volume purchases. 19. ELIGIBLE USER PARTICIPATION: Participation under this Contract by Eligible Users is voluntarily determined by each Eligible User. Contractor agrees to supply each Eligible User with Services based upon the same terms, conditions and prices of this Contract. 20. INDIVIDUAL CUSTOMERS: Each Eligible User that purchases Services from this Contract will be treated as if they were individual customers. Each Eligible User will be responsible to follow the terms and conditions of this Contract. Contractor agrees that each Eligible User will be responsible for their own charges, fees, and liabilities. Contractor shall apply the charges to each Eligible User individually. The Division is not responsible for any unpaid invoice. 21. QUANTITY ESTIMATES: The Division does not guarantee any purchase amount under this Contract. Estimated quantities are for Solicitation purposes only and are not to be construed as a guarantee. 22. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents, and may be available for public and private distribution in accordance with the State of Utah’s Government Records Access and Management Act (GRAMA). Contractor gives the Division, the Eligible Users, and the State of Utah express permission to make copies of this Contract, related purchase orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing and expressly approved by the Division, all of which must be in accordance with GRAMA, Contractor also agrees that the Contractor’s Proposal to the Solicitation will be a public document, and copies may be given to the public as permitted under GRAMA. The Division, the Eligible Users, and the State of Utah are not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract, related purchase orders, related pricing documents, and invoices. 23. DELIVERY: Time is of the essence for all deliveries made under this Contract. All deliveries under this Contract will be F.O.B. destination with all transportation and handling charges paid for by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the Eligible User, except as to latent defects or fraud. Contractor’s failure to provide the Services by the required delivery date is deemed a material breach of this Contract. Contractor shall be responsible for the customary industry standard in packing and shipping the Services. 24.
REPORTS AND FEES:
1. PMAdministrative Fee: Contractor agrees to provide a quarterly administrative fee to the State in the form of a 7/2/2015 3:57 Check or EFT payment. The fee will be payable to the “State of Utah Division of Purchasing” and will be sent
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to the Eligible User, except as to latent defects or fraud. Contractor’s failure to provide the Services by the required delivery date is deemed a material breach of this Contract. Contractor shall be responsible for the customary Bid WA16001 State of Utah industry standard in packing and shipping the Services. 24.
REPORTS AND FEES: Administrative Fee: Contractor agrees to provide a quarterly administrative fee to the State in the form of a Check or EFT payment. The fee will be payable to the “State of Utah Division of Purchasing” and will be sent to State of Utah, Division of Purchasing, 3150 State Office Building, Capitol Hill, PO Box 141061, Salt Lake City, UT 84114. The Administrative Fee will be the amount listed in the solicitation and will apply to all purchases (net of any returns, credits, or adjustments) made under this Contract. 2. Quarterly Reports: Contractor agrees to provide a quarterly utilization report, reflecting net sales to the State during the associated fee period. The report will show the quantities and dollar volume of purchases by each agency and political subdivision. The quarterly report will be provided in secure electronic format and/or submitted electronically to the Utah reports email address: [email protected]. 3. Report Schedule: Quarterly utilization reports shall be made in accordance with the following schedule: Period End Reports Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31 4. Fee Payment: After the Division receives the quarterly utilization report it will send Contractor an invoice for the total quarterly administrative fee owed to the Division. Contractor shall pay the quarterly administrative fee within thirty (30) days from receipt of invoice. 1.
5. Timely Reports and Fees: If the quarterly administrative fee is not paid by thirty (30) days of receipt of invoice or quarterly utilization reports are not received by the report due date, then Contractor will be in material breach of this Contract. 25. ORDERING: Orders will be placed by the using Eligible User directly with Contractor. All orders will be shipped promptly in accordance with the terms of this Contract. 26. ACCEPTANCE AND REJECTION: The Eligible User shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Eligible User. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs. 27. INVOICING: Contractor will submit invoices within thirty (30) days of the delivery date of the Services to the Eligible User. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to this Contract. The prices paid by the Eligible User will be those prices listed in this Contract, unless Contractor offers a prompt payment discount within its Proposal or on its invoice. The Eligible User has the right to adjust or return any invoice reflecting incorrect pricing. 28. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. All payments to Contractor will be remitted by mail, electronic funds transfer, or by a Purchasing Card (major credit card). If payment has not been made after sixty (60) days from the date a correct invoice is received by the Eligible User, then interest may be added by Contractor as prescribed in the Utah Prompt Payment Act. The acceptance by Contractor of final payment, without a written protest filed with the Eligible User within ten (10) business days of receipt of final payment, shall release the Division, the Eligible User, and the State of Utah from all claims and all liability to the Contractor. The Eligible User’s payment for the Services shall not be deemed an acceptance of the Services and is without prejudice to any and all claims that the Division, Eligible User, or the State of Utah may have against Contractor. 29. TIME IS OF THE ESSENCE: Services shall be completed by any applicable deadline stated in this Contract. For all Services, time is of the essence. Contractor shall be liable for all reasonable damages to the Eligible User and the State of Utah, and anyone for whom the State of Utah may be liable, as a result of Contractor ’s failure to timely perform the Services required under this Contract. 30. CHANGES IN SCOPE: Any changes in the scope of the Services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of Services. 31. PERFORMANCE EVALUATION: The Eligible User may conduct a performance evaluation of Contractor ’s Services, including Contractor’s Subcontractors, if any. Results of any evaluation may be made available to the Contractor upon Contractor’s request. 32. STANDARD OF CARE: The Services of Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the Services that are the subject of this Contract. Contractor shall be liable to the Eligible User and the State of Utah for claims, liabilities, additional burdens, penalties, damages, or third party claims (i.e. another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care.
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33. REVIEWS: The Division and Eligible Users reserve the right to perform plan checks, plan reviews, other reviews,
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32. STANDARD OF CARE: The Services of Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience State of Utah providing similar services which similarities include the type, magnitude, and complexity of the Services that are Bid WA16001 the subject of this Contract. Contractor shall be liable to the Eligible User and the State of Utah for claims, liabilities, additional burdens, penalties, damages, or third party claims (i.e. another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care. 33. REVIEWS: The Division and Eligible Users reserve the right to perform plan checks, plan reviews, other reviews, and/or comment upon the Services of Contractor. Such reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract. 34. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor will indemnify and hold the Division, the Eligible User, and the State of Utah harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim brought against the Division, the Eligible User, or the State of Utah for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor’s liability such limitations of liability will not apply to this section. 35. OWNERSHIP IN INTELLECTUAL PROPERTY: The Division, the Eligible User, and Contractor each recognizes that each has no right, title, interest, proprietary or otherwise in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. All Services, documents, records, programs, data, articles, memoranda, and other materials not developed or licensed by Contractor prior to the execution of this Contract, but specifically manufactured under this Contract shall be considered work made for hire, and Contractor shall transfer any ownership claim to the Eligible User. 36. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of the Division. 37. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the Division to declare Contractor in default of this Contract: (i) Contractor’s non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor’s material breach of any term or condition of this Contract. The Division may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the Division may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from the Division or the State of Utah; or (v) demand a full refund of any payment that an Eligible User has made to Contractor under this Contract for Services that do not conform to this Contract. 38. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, acts of God, and/or war which is beyond that party's reasonable control. The Division may terminate this Contract after determining such delay will prevent successful performance of this Contract. 39. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractor will promptly notify the Division and the relevant Eligible User of any potential or actual misuse or misappropriation of Confidential Information. Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend the Division, the Eligible User, and the State of Utah, including anyone for whom the Division, the Eligible User, or the State of Utah is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable. Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to the Eligible User or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract. 40. PUBLICITY: Contractor shall submit to the Eligible User for written approval all advertising and publicity matters relating to this Contract. It is within the Eligible User ’s sole discretion whether to provide approval, which must be done in writing. 41. CONTRACT INFORMATION: During the duration of this Contract the State of Utah Division of Purchasing is required to make available contact information of Contractor to the State of Utah Department of Workforce Services. The State of Utah Department of Workforce Services may contact Contractor during the duration of this Contract to inquire about Contractor’s job vacancies. 42. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or to any person in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization. 43. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. 44. ATTORNEY’S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall 7/2/2015 3:57 PM be entitled its costs and expenses, including reasonable attorney’s fees, incurred in connection with such action.
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procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization. State of Utah
Bid WA16001
43. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. 44. ATTORNEY’S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney’s fees, incurred in connection with such action. 45. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The Division, after consultation with the Eligible User and Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the Division appoints such an expert or panel, the Eligible User and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. 46. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (iii) the State of Utah’s additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); (v) Contractor’s terms and conditions that are attached to this Contract, if any; and (vi) Contractor ’s attachments, if any. Any provision attempting to limit the liability of Contractor or limits the rights of the Division, Eligible Users, or the State of Utah must be in writing and attached to this Contract or it is rendered null and void. Contractor ’s terms and conditions on its Sales Orders, Invoices, website, etc., will not apply to this Contract. 47. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice the Division ’s or the Eligible User ’s right to enforce this Contract with respect to any default of this Contract or defect in the Services that has not been cured. 48. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect. 49. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. (Revision date: 1 April 2015)
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State of Utah
Question and Answers for Bid #WA16001 - Learning Management System
Bid WA16001
5
Overall Bid Questions There are no questions associated with this bid. Question Deadline: Jul 29, 2015 11:00:00 AM MDT
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