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  1. 1. Request For Proposal # <><><> Model RFP (Rev 10/31/2007) READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. The Model RFP consists of actual RFP language and instructions and explanations for the person preparing it. Please keep in mind the following when you are preparing the RFP: • The shaded instructions and explanations are meant to assist you in preparing the RFP. Delete the shaded instructions and explanations from the RFP draft before you submit the RFP draft to Purchasing Services. Some language within these instructions and explanations may be copied into the RFP draft. • It is very important to track all of the changes you make so Purchasing Services can easily compare your RFP draft to the Model RFP. The “Track Changes” feature in MS Word will automatically track deletions and insertions. To use this feature: (1) Select “Tools” in the Tool Bar; (2) Select “Track Changes”; (3) Select “Highlight Change”; and (4) Select all three options in the Highlight Change pop-up box. • Language that is NOT shaded is intended for inclusion within the RFP. Leave any language to be deleted with a strike-out in the RFP draft so Purchasing Services sees that you recommended the item be deleted. • The <><><> symbol throughout the document identifies where you must supply information. The information in parentheses next to the <><><> symbol identifies the most commonly used information. • Since section numbers may be referenced in several places, do not renumber sections or paragraphs. Instead, add new paragraphs at the end of a section, and add new sections at the end of the RFP. If you delete entire sections or paragraphs, leave the number and insert the words “Not used.” SUBMIT YOUR DRAFT RFP TO PURCHASING SERVICES BUYER ELECTRONICALLY. REMINDER: If the estimate for this RFP is $500,000 or more over the contract period, also send a review copy of the draft RFP to Office for Business & Community Economic Development (OBCED) before the RFP is issued. Send draft RFP to: Name Phone Email Taylor, D. Craig, Director (612) 624-0530 mailto:taylo103@umn.edu Banks, Sharon, Project (612) 626-8043 mailto:banks016@umn.edu Manager For an overview of the entire RFP process, including important information about evaluation of, please read Request for Proposal (RFP) Process Overview. THE RFP PACKAGE Purchasing Services needs at least the following three documents to issue the RFP: 1. A final RFP document. 2. A complete and signed Requisition Form (RX). 3. A list of suggested Respondents, including e-mail addresses, to receive the RFP.
  2. 2. Request For Proposal # <><><> BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA (“University”) <><><> (Name of Department) REQUEST FOR PROPOSAL ("RFP") # <><><> FOR <><><> (Product/Service) Read Attachment Q of this document for details of the RFP process and general instructions. Throughout this RFP, the company responding to this RFP will be referred to as “Respondent” or “you.” Submit Proposals in a sealed envelope or package with the Respondent's name and address, RFP number and RFP title clearly marked on the outside of each sealed envelope or package. SUBMITTAL DATE AND TIME THE UNIVERSITY MUST RECEIVE PROPOSALS NO LATER THAN: ____<><><>____ __<><><>__<a.m.> <p.m.> per the time clock in Purchasing Services (Minnesota Time) Submittal Date Time The University will not consider late Proposals. MAIL OR DELIVER ONE signed ORIGINAL and <><><> paper copies of your Proposal to: Purchasing Services University of Minnesota Suite 560, West Bank Office Building 1300 South Second Street Minneapolis, MN 55454-1082 Do not submit copies to any other person or location. CONTACT FOR RFP INQUIRIES Purchasing Buyer: <><><> Purchasing Services University of Minnesota Suite 560, West Bank Office Building 1300 South Second Street Minneapolis, MN 55454-1082 E-Mail: <><><> The person designated above is the only contact for all inquiries regarding any aspect of this RFP and its requirements. DO NOT CONTACT ANY OTHER UNIVERSITY EMPLOYEE, REPRESENTATIVE, OR STUDENT REGARDING THIS RFP UNLESS SPECIFICALLY INDICATED OTHERWISE IN THIS RFP OR INSTRUCTED TO DO SO IN WRITING BY THE PERSON DESIGNATED ABOVE.
  3. 3. Request For Proposal # <><><> TENTATIVE SCHEDULE OF DATE READ, THEN DELETE SHADED AREA EVENTS FROM THE FINAL DOCUMENT RFP Issued <><><> Allow at least one (1) week for Purchasing Services to approve RFP Pre-Proposal Meeting/Site Visit <><><> Allow at least one- to two (1-2) weeks for recipients of the RFP to review the RFP. Questions Emailed/Faxed <><><> to Purchasing Services Allow at least one (1) week after Pre-Proposal Meeting Proposals Due <><><> Allow at least one- two (1–2) weeks after the questions Presentations/Negotiations <><><> Allow at least two- to three (2-3) weeks after receipt of Proposals. Regents Approval <><><> The deadline for submitting items to be considered by the Regents is one month prior to the meeting at which the item is to be considered, Date of Award <><><> Allow at least one (1) weeks after Regents approval
  4. 4. Request For Proposal # <><><> TABLE OF CONTENTS TABLE OF CONTENTS 1.0 Background/Scope of Work-Project Summary/Evaluation Criteria/Time Period of Contract/Pre- Proposal Meeting and /or Site Visit........................................................................ 1.1 Background................................................................................................ 1.2 Scope of Work – Project Summary............................................................. 1.3 Evaluation Criteria...................................................................................... 1.4 Time Period of Contract.............................................................................. 1.5 Pre-Proposal Meeting and /or Site Visit ..................................................... 2.0 Structure and Content of Respondent Proposal.................................................... ATTACHMENTS READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Some or all of these attachments may be appropriate for your RFP. You may include other attachments as needed. Indicate to the Respondent which Attachments apply by checking the line before the letter of each required Attachment. Important: All requests for responses from Respondents must be in one of the Attachments and not disbursed throughout the RFP. All questions regarding pricing must be in the Pricing Attachment and not disbursed throughout the other Attachments. Respondent's Proposal must consist of completion or acknowledgment of the following checked Attachments. Unchecked Attachments are intentionally omitted. ___ ATTACHMENT A – RESPONDENT’S PROPOSAL – SIGNATURE AND CERTIFICATION FORM ___ ATTACHMENT B – RESPONDENT’S PROFILE AND EXECUTIVE SUMMARY ___ ATTACHMENT C – EQUIPMENT SPECIFICATIONS Use Attachment C when the RFP includes the purchase of equipment. ___ ATTACHMENT D – DESCRIPTION OF SERVICES ___ ATTACHMENT E – LEASE VS. BUY READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Use Attachment E when the equipment component of the RFP is estimated at $100,000 or more. ___ ATTACHMENT F – PRICING ___ Version 1 – Format for pricing equipment ___ ATTACHMENT G – AWARD TERMS AND CONDITIONS– VERSION 1, 2, or 3
  5. 5. Request For Proposal # <><><> ___ Version 1 – General Terms and Conditions for Large Purchases (Used for Goods & Standard Services) (Microsoft Word Format) (PDF Format) ___ Version 2 – Terms and Conditions for Contracts For Professional Services (CFPS) (MS Word Format only) ___ Version 3 – University of Minnesota Software License Agreement ___ ATTACHMENT H – ADDITIONAL TERMS & CONDITIONS FOR FEDERALLY FUNDED PURCHASES ___ Additional Terms and Conditions for Federal Contracts (Flowdowns) ___ Certificate of Compliance with Federal Requirements This document requires a signature by Respondent's authorized representative. ___ Certificate of Current Cost or Pricing Data This document requires a signature by Respondent's authorized representative. READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Use Attachment H when any part of the payment the University will make to the successful Respondent will come, directly or indirectly, from the federal government, either from a grant from the federal or government or a contract between the University and the federal or government. ___ ATTACHMENT I – HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) This document requires a signature by Respondent's authorized representative. READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Use Attachment I when the activity of the selected Respondent will involve the use or disclosure of the University’s Protected Health Information (“PHI”), whether that use or disclosure is of information that is exchanged, stored, maintained, or transmitted electronically, on paper, fax, orally, or any other form or medium. The term 'health information' means any information, whether oral or recorded in any form or medium, that: (A) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (B) Relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. PHI includes any individually identifiable health information. Identifiable refers not only to data that is explicitly linked to a particular individual (that's identified information), it also includes health information with data items which reasonably could allow individual identification. ____ ATTACHMENT J – RESPONDENT'S COMMUNITY ECONOMIC DEVELOPMENT (CED) PLAN READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Use Attachment J for RFPs that are estimated to be $500,000 and over, per Respondent per contract. Do not use for federally funded purchases. Do not consider optional contract renewals in determining the total. ____ ATTACHMENT K – REFERENCES ___ ATTACHMENT L – REVENUE-SHARING RELATIONSHIPS ____ ATTACHMENT M – CERTIFICATE OF INSURANCE
  6. 6. Request For Proposal # <><><> Use Attachment M when the scope of work includes providing a service. Attachment M requires that the vendor submit an insurance certificate evidencing that they have the insurance coverage indicated in the Ts and Cs in Attachment G. ____ ATTACHMENT N – INFORMATION ACCESSIBILITY REQUIREMENTS The University of Minnesota Accessibility of Information Technology Policy may apply. If you are purchasing any of the following: software, hardware, or web services, please include the appropriate attachment below: ___ Software Accessibility Requirements ___ Hardware Accessibility Requirements ___ Web Accessibility Requirements ____ ATTACHMENT O – GRAMM-LEACH-BLILEY ACT READ, THEN DELETE SHADED EXPLANATION FROM THE FINAL DOCUMENT. Purchasing Services has oversight responsibility for Gramm-Leach-Bliley Act (GLBA) issues. If a purchase has any non-public financial information to which Respondent may be granted access by the University, Respondent must identify how they safeguard the information by completing the University’s GLBA Service Provide Due Diligence Form. Refer to Gramm-Leach-Bliley Act Compliance at the University of Minnesota to determine whether GLBA applies to this purchase. Please inform the Purchasing Buyer if GLBA issues apply to this RFP purchase. ____ ATTACHMENT P – TRAVEL REIMBURSEMENT “An individual traveling on University business should neither gain nor lose personal funds as a result of that travel. Travelers are expected to choose the least costly method of transportation and lodging that also meets their scheduling needs. Use of the University’s preferred travel agencies and Respondents is recommended as cost effective and convenient. Employee reimbursements must be University business related and clearly indicate prudent use of public funds.” As a department, you can be more restrictive or flexible as appropriate to the Contractor. ____ ATTACHMENT Q – RFP PROCESS AND GENERAL INSTRUCTIONS TO RESPONDENT ____ ATTACHMENT S – PROJECT SPECIFICATIONS ____ ATTACHMENT T – MEDICAID Use Attachment T when the successful Respondent’s employees may provide Medicaid related services on behalf of the University of Minnesota. ____ ATTACHMENT X – COMPLIANCE WITH PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDERS INFORMATION SECURITY PROGRAM ____ ATTACHMENT Z – SPECIAL INSTRUCTIONS FOR VENDORS OFFERING PROPOSALS ON U-WIDE CONTRACTS (for Central Purchasing use only)
  7. 7. Request For Proposal # <><><> 1.0 BACKGROUND/SCOPE OF WORK-PROJECT SUMMARY/EVALUATION CRITERIA/TIME PERIOD OF CONTRACT/PRE-PROPOSAL MEETING 1.1 BACKGROUND READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENTS. BACKGROUND: Provide a brief description of your department, including location and function, and information about the need for this product or service that will be helpful to potential Respondents. <><><> 1.2 SCOPE OF WORK – PROJECT SUMMARY READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENTS. SCOPE OF WORK - Project Summary: Provide a scope of work - Project Summary that is clear, complete, free from jargon and acronyms, and states the desired outcome (tasks and deliverables). The Scope of Work - Project Summary must provide enough information so potential Respondents can decide whether they have the interest and capabilities to respond. After describing what services or goods are requested, it is helpful to be able to use that description as a defined term in the rest of the RFP. To accomplish that, insert the expression, “(“Goods”)” or “(“Work”)” after the description. Use Attachment S “Project Specifications” to provide a detailed description of the work. <><><> 1.3 EVALUATION CRITERIA READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Defining the evaluation criteria in the RFP is important to achieving a fair process. Explaining how the Proposals will be evaluated also enables the Respondents to structure their Proposal around what will be of most value to the University. The evaluation criteria are the factors to consider in identifying the best Proposal. Use the Attachments to request specific information for each criterion so you have adequate information to rate each Respondent on each criterion. Each item in the Attachments to which the Respondent must respond must relate to one or more of the evaluation criteria. Do not use the Attachments to request information that has nothing to do with the evaluation criteria. Make certain you ask for all of the information or data you need to completely evaluate the Proposals on each criterion. The University will evaluate each Respondent's Proposal relative to each one of the evaluation criteria. You should assign points or percentages to each criterion. For more details on evaluating Proposals, see the “RFP Referral Form and Proposal Evaluation Instructions.” The selected Respondent will be the Respondent whose Proposal is the most advantageous to the University. The University is not bound to accept the lowest priced Proposal if that Proposal is not in the best interests of the University as determined by the University in its sole discretion. Proposals will be evaluated on the following criteria: Evaluation criteria should be objectively measurable. The following is a sample set of evaluation criteria. It is just a sample. Except for the OBCED requirement, develop your own criteria specific to your RFP rather than using the ones set out in the sample.
  8. 8. Request For Proposal # <><><> • Degree to which Respondent's Proposal assures fulfillment of the following: (1) scope of work, (2) specifications, and (3) University's terms and conditions. 40% • Total Cost. 30% The lowest priced Proposal always receives the maximum points. Divide the lowest priced Proposal by each of the other proposed prices. The answer will always be less than 1. Take the answer to the division and multiply by the maximum points. The answer to this will be the number of points to assign to the total cost for this Respondent. Here is an example: You receive 3 Proposals. The maximum points for price is 30. The lowest proposed price is $100. That Proposal receives 30 points. The second lowest price is $125. Divide $100 by $125. This equals .8. Multiply .8 x 30 = 24. 24 is the number of points to be awarded to that Proposal. The third Proposal is $140. Divide $100 by $140. This equals .71. Multiply .71 x 30 = 21 (round to the nearest whole number). 21 is the number of points to be awarded to that Proposal. • Respondent's documented, relevant qualifications, experience, and references. 15% • Respondent's financial stability and capacity to perform. 10% • Participation in and support of Business & Community Economic Development (BCED). 10% A Response that does not respond to OBCED’s Attachment J will not receive these possible points in the award evaluation. (This criterion is required only for non-federally- funded awards expected to exceed $500,000. Departments may discuss this criterion with the OBCED (612) 624-0530.) 1.4 TIME PERIOD OF CONTRACT READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. The time period of the resulting contract should be identified, including possible renewal options. If you have any questions about the appropriate time period for the anticipated contract, contact Purchasing Services. It is the University’s intent to award a contract for a period of <><><> years. The University shall have the option to renew the contract for <><><> additional one-year terms with the same requirements, specifications, terms and conditions. OR The selected Respondent shall commence Work on <><><> and complete Work by <><><>. OR The elected Respondent shall deliver the Goods no later than <><><>. 1.5 PRE-PROPOSAL MEETING AND/OR SITE VISIT The ____ pre-Proposal meeting and/or ____ site visit is: Check one or both as applicable. ____ mandatory ____ optional ____ none If "none" is checked, delete the remainder of this section. READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Be cautious about making a pre-Proposal meeting and/or site visit mandatory. Mandatory is exactly that. If the Respondents you hope to consider do not attend a mandatory pre-Proposal
  9. 9. Request For Proposal # <><><> meeting and/or site visit for whatever reason (bad weather, car accident, death in the family, etc.) and they submit a Proposal, the University will not be able to consider that Proposal. LOCATION: <><><> (Building Name) <><><> (Suite #) <><><> (Street Address) <><><> (City, State) <><><> (Date and Time) <a.m.> <p.m.> (Minnesota Time) • Provide by e-mail to the University the names of those who will attend from your company. RSVP e-mail: <><><> Purchasing Buyer's Assistant – Purchasing Services will complete. • If pre-Proposal meeting and/or site visit is mandatory, the University will not consider Proposals from Respondents not represented at the pre-Proposal meeting and/or site visit. 2.0 STRUCTURE AND CONTENT OF RESPONDENT’S PROPOSAL Prepare your response to this RFP in the format and sequence specified in this RFP, including all of the relevant Attachments (see table of contents for list of Attachments). Respond specifically to each question posed. Do not simply make a general reference to an attachment or brochure. Failure to comply could result in the University rejecting the Proposal in its sole discretion. Catalogs or brochures about the Respondent’s products or services may be included as an addendum to the Proposal, but not in place of specific responses to an item on the Attachments. The Office of Business and Community Economic Development (“BCED”) is available to assist Small Businesses as part of the University’s goal of fostering economic growth in urban communities. The BCED’s services are available to businesses that meet the Small Business Administration’s definition of small business which vary by industry and can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopic/summarywhatis/index.html. Businesses owned by women, people of color, people with disabilities, and other historically and currently underrepresented groups are especially encouraged to take advantage of the BCED’s services. For inquiries regarding these services contact BCED at 612-625-8460.
  10. 10. Request For Proposal # <><><> ATTACHMENT A RESPONDENT PROPOSAL SIGNATURE AND CERTIFICATION FORM READ, THEN DELETE SHADED EXPLANATION FROM THE FINAL DOCUMENT. The Respondent’s Proposal – Signature and Certification Form emphasizes that the Respondent’s Proposal constitutes an offer that the University may accept or reject. By signing this form, the Respondent certifies to several important statements. The undersigned has carefully examined all instructions, requirements, specifications, terms and conditions of this RFP; understands all instructions, requirements, specifications, terms and conditions of this RFP; and hereby offers to furnish the Work and/or Goods, as applicable, at the prices quoted in Respondent's Proposal, and in accordance with the requirements, specifications, terms and conditions of this RFP. The Respondent also certifies: 1. Its Proposal is a valid, firm, and irrevocable offer which the University may accept within a minimum of <><><> days from the Submittal Date and Time shown on the Title Page of this, and that its Proposal, if accepted, shall remain valid for the life of the contract. 2. It is a reputable company regularly engaged in providing Goods and/or Work necessary to meet requirements, specifications, terms and conditions of the RFP. 3. It has the necessary experience, knowledge, abilities, skills, capacity and resources to satisfactorily perform the requirements, specifications, terms and conditions of the RFP. 4. It is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances. 5. All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. The Respondent acknowledges that the University will rely on such statements, information and representations in selecting the successful Proposal. 6. It is not currently debarred or suspended from doing business with the Federal government, the state of Minnesota, any other state in the United States, or any of their respective agencies. 7. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal, including but not limited to, representations as to price, performance, and financial terms. 8. It acknowledges that submission of a Proposal indicates the Respondent's acceptance of the evaluation process described in the RFP and the Respondent's recognition that some subjective judgments may be made by the University as part of the evaluation in its sole discretion. 9. It understands and agrees that the University will not treat any information, document, or materials submitted by Respondent as confidential unless the Respondent strictly adheres to the procedures set forth in Number 12 of Attachment Q and that such information, documents, or materials not conforming to Number 12 of Attachment Q will be made available for immediate public inspection and copying upon completion of the RFP process. Respondent further agrees that the University may disregard confidentiality notices on fax coversheets and email headers/footers as well as copyright designations that accompany or are contained on material or documents submitted as part of Respondent’s Proposal, it being understood and agreed that all material and documents not conforming to the procedures set forth in Number 12 of Attachment Q will be made available for immediate public inspection and copying upon completion of the RFP process.
  11. 11. Request For Proposal # <><><> Respondent Name: Street Address: City: State Zip: : Phon Fax E- e: : Mail: I certify that I am a duly authorized representative of the Respondent listed above. The University is hereby authorized to request from any individual or company any information it deems necessary to verify any information provided by Respondent in its Proposal and to determine the capacity and responsibility of Respondent as a prospective contractor with the University. Signature: (Must be signed in full in ink by an officer of your company) (See Attachment G) Name: (please type or print) Title: (please type or print) Date :
  12. 12. Request For Proposal # <><><> ATTACHMENT B RESPONDENT PROFILE AND EXECUTIVE SUMMARY Company Profile – Attach additional pages if necessary. 1. Legal name of the Respondent: 2. Address of office which will fulfill this contract: 3. Federal ID number: 4. Number of years in business related to RFP: 5. Type of Operation: Individual: ____ Partnership: ____ Corporation: ____ Government: ____ Other: _____ 6. Total number of employees: _________ Number of employees to be dedicated to fulfillment of this contract: __________ 7. Company-wide Annual Sales Volume: __________ Financial Stability & Capacity to Perform 8. Respondent will provide a copy of its financial statements for the past two (2) years, if requested by the University. 9. Is Respondent currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please describe thoroughly, including, but not limited to, Yes No parties, expansion or acquisition plans and timing. 10. Provide any details of all past or pending litigation or government agency action filed or claims against Respondent that could affect Respondent's performance under a contract with the University. 11. Is Respondent currently in default, or do you foresee going into default, beyond applicable cure periods on any loan agreement or financing agreement with any bank, financial institute, or other entity? If yes, specify date(s), details, circumstances, and prospects for Yes No resolution. 12. Does any current relationship whether a relative, business associate, capital funding agreement or any other such kinship, exist between Respondent Yes No If yes, please explain relationship. and any University employee?
  13. 13. Request For Proposal # <><><> 13. Are there any circumstances impacting Respondent that could affect Respondent's ability to perform under any award made through RFP process? Yes No Service and Support 14. Describe your company's service/support philosophy, how it is carried out, and how success is measured. 15. Describe your company's quality assurance program, its requirements and how they are measured.
  14. 14. Request For Proposal # <><><> ATTACHMENT C EQUIPMENT SPECIFICATIONS READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Here are some suggested items to include in the specifications. • features that must be included (mandatory requirements) • features that may be included (preferred or value-added items, features or services, etc.) • equipment warranty – length and scope of warranty • site preparation by University or Respondent if needed • service guarantee • responsibility for installation (whether the University or the Respondent) • on-going maintenance/support including hours, days or availability • training necessary to operate or maintain the equipment initially and on-going • training or operational manuals available and identify if included in the quoted cost FORMAT: All mandatory and preferred items/features/services should be worded to require a response. List each specification separately. It is useful to put "yes" and "no" check boxes next to each specification and include a space entitled "Explain". SPECIFICATION TYPES: Consider whether to use performance specifications or design specifications or a combination of both. Performance Specification Example: "Equipment jams occur no more often than once every 5,000 feeds per evaluation by independent labs." Design Specification Example: "Straight path design. This eliminates equipment with multiple turn-paths, which has been proven to cause jams." The omission of any mandatory requirements from the RFP may result in unacceptable Goods and/or Work being proposed. Excessive requirements or preferences may restrict competition or cause Proposal pricing to be unnecessarily expensive. USING BRAND NAMES: Although listing performance specifications is preferred, a brand name and/or model number may be used to define specifications. If a brand name or model number is used, the RFP must also include a list of the salient physical, functional or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award. If "equivalent" products are offered, the burden is on the Respondent offering the product as equivalent to the specified product to convince the University that their product is indeed equal for the intended use. (The University may also consider public information about products bid as equivalent even if not included in the Response.) The requesting department is responsible for determining whether a proposed substitution is "equal" for the intended use. When the RFP identifies a brand name product and its critical specifications, the term "OR EQUIVALENT" shall be included. EXCEPTION: Occasionally, a "No Substitute" brand name specification can be justified. The justification for a brand name "no substitutes" specification must be supported by documentation in the purchase file. Some examples of acceptable reasons for justifying a "no substitute" bid are the following: 1. A brand requirement may be necessary for consistency of research results. 2. A brand requirement may be necessary to accommodate customer preference for ISO inventories, U- Wide contracts and resales to students, staff or the public.
  15. 15. Request For Proposal # <><><> 3. A brand requirement may be necessary when all equipment and supplies in a given system must be the same manufacturer's brand to ensure valid warranties and maintenance contracts or to avoid confusing liability in case of system failure, or to ensure necessary compatibility with presently owned equipment. 4. A brand requirement may be advisable to realize measurable efficiencies and economies that standardization affords 5. A brand requirement may be necessary to ensure that critical design specifications will be met. A competitive process is then conducted, but only Proposals for the specified brand name product are considered.
  16. 16. Request For Proposal # <><><> ATTACHMENT D DESCRIPTION OF SERVICES READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. This section expands on the Scope of Work description identified in the RFP. Describe the desired services and outcomes, deliverables and reports. List services that must be included and additional services that are preferred or add value. You may need to identify such things as roles and responsibilities, implementation/transition plans, any training necessary for University staff, etc. Request the Respondent to describe methodology, and define or request service guarantees, service response times, etc. Here is an example: Implementation 1. Provide a statement of the project approach. 2. Provide an estimate of the latest start date following execution of a contract. 3. Prepare a work plan with key dates and milestones. RFP should include: 3a. Identification of tasks to be performed and/or goods to be provided by Respondent. 3b. Timeframes to complete performance of the identified tasks or expected timeframe in which the project would be completed. 3c. Implementation strategy including transition plan if necessary. 3d. <><><> (Department: Add items as appropriate.) Reports 4. Describe the types of reports you want Respondent to provide, if any. 4a. State the frequency of such reports. 4b. Provide samples of such reports. 4c. Describe the process for requesting reports. 4d. Describe method of report delivery (electronic, paper, e-mail, etc.) 4e. <><><> (Department: Add items as appropriate.) 5. Team Credentials Provide summary resumes for proposed project team members or assigned staff, including their specific experiences with similar projects, qualifications and special expertise, and number of years with your company.
  17. 17. Request For Proposal # <><><> ATTACHMENT E LEASE VS. BUY Use when the University will be acquiring equipment. The University wishes to consider both purchasing and leasing options for this equipment. 1. Estimated useful life of equipment ____________________ 2. Please quote all costs to purchase the equipment: a. Purchase price (FOB U of M, Freight included) $____________________ b. Annual maintenance if not included in purchase price $____________________ c. Maintenance costs. State the number of the months when due. For example, Month 3, Month 15, etc. ________________________________________ d. Other (Any other anticipated costs to owner to be listed here) ____________________________________ 3. Please quote all cost factors to lease the equipment: a. Length of lease in months ____________________ b. Monthly lease payment $____________________ c. First payment due: Month zero ____ or Month one ____ d. Annual maintenance if not included in lease payments $____________________ e. State which month/s (by number) the maintenance is due (ex. 12th month, 23rd month) ___________ f. Other (Any other anticipated costs to owner to be listed here) ________________________________ g. Residual Value $____________________ 4. If you are bidding/proposing as a lessor only, state your lease rate factor ____________________
  18. 18. Request For Proposal # <><><> ATTACHMENT F PRICING READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Use this Attachment to request the Respondent to state all costs. A fill-in-the-blank format is recommended for ease of evaluation. This allows you to evaluate the Respondent's basis for the total cost. An itemized quote also will help you compare prices and determine exactly where any Respondent's pricing is out of line with other Respondents to the RFP. This may result in a negotiating strategy. The following is an example of a fill-in-the-blank format for equipment. Or, consider any other format which will allow for a complete answer from the Respondent. If soliciting responses from a country other than the U.S., ask for pricing in U.S. Dollars. Please quote each item individually (itemize each piece of equipment separately): Equipment item 1 $ _______________ Equipment item 2 $ _______________ Recommended Spare Parts (itemized list) $ _______________ Warranty $ _______________ Length of Warranty: ____________ Scope of Warranty: _____________ Length of Extended Warranty: ____________ Scope of Extended Warranty: ____________ Price of Extended Warranty: $ _______________ Installation $ _______________ Training $ _______________ Scope of Training Maintenance Contract (Submit copy of contract with Proposal. University Office of General Counsel must review and approve the contract) $ _______________ Time and Materials (State labor rates.) $ _______________
  19. 19. Request For Proposal # <><><> ATTACHMENT G AWARD TERMS AND CONDITIONS READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Purchasing Services and the Office of the General Counsel must explicitly approve changes, deletions, and additions to the University's standard terms and conditions. You must include one of the documents below in the RFP. ANY AWARD MADE AS A RESULT OF THIS RFP PROCESS WILL BE GOVERNED BY THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT. If you take exception or wish to propose an addition or deviation to any term or condition in this document, do so clearly and conspicuously in your Proposal by referencing the specific section number of the term or condition and by describing the exception, addition, or deviation and proposing alternative language. To facilitate your response, you may also use the “Track Changes” feature of MS Word to submit a redlined version indicating proposed changes to the University of Minnesota terms and conditions included in this Attachment G. Do not propose to substitute your own standard terms and conditions. If you do not clearly and conspicuously take an exception or propose an additions or deviations to a specific term or condition, you will be bound by the University’s terms and conditions attached in this Attachment G in the event an award is made to you. The University reserves the right in each instance to (1) accept any Proposal with deviations, additions, or exceptions; (2) negotiate deviations, additions, or exceptions; or (3) reject a proposal with deviations, additions, or exceptions the University deems unacceptable at its option and in its sole discretion. Note: In the University’s terms and conditions attached in this Attachment G, the Phrase "Purchase Order" shall refer to the award made pursuant to this RFP process, including the specifications and requirements of the RFP and the representations of Respondent (including but not limited to, representations as to price, specifications, performance, and financial terms). The term "Seller" shall refer to the Respondent receiving an award under this RFP Process. Indicate by initialing No exceptions or deviations to the Award Terms & Conditions have been made. OR An Exception or Proposed deviation to the Award Terms & Conditions has been made per the instructions above. Version 1 – General Terms and Conditions for Large Purchases (Used for Goods & Standard Services) (Microsoft Word Format)(PDF Format) Version 2 – Terms and Conditions for Contracts For Professional Services (CFPS) (PDF Format only) Version 3 – University of Minnesota Software License Agreement ATTACHMENT H
  20. 20. Request For Proposal # <><><> ADDITIONAL TERMS & CONDITIONS FOR FEDERALLY FUNDED PURCHASES READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Please inform the Purchasing Buyer if federal contract funds will be used for this contract. Purchasing Buyer, refer to the Purchases $10,000 and over Grid to determine whether federal flowdowns and certifications that may apply. Additional Terms and Conditions for Federal Contracts (Flowdowns) Certification 1:Certificate of Compliance with Federal Debarment Requirements (Required for purchases $25,000 to $100,000 funded by a federal contract.) Certification 2:Certificate of Compliance with Federal Requirements - Payments to Influence, Debarment, Clean Air & Water (Required for purchases $100,000 and over funded by a federal contract.) Certificate of Current Cost or Pricing Data
  21. 21. Request For Proposal # <><><> ATTACHMENT I HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) BUSINESS ASSOCIATE AGREEMENT BETWEEN The Regents of the University of Minnesota Through its (Name of College)(“the University”), and (“Business Associate”). WHEREAS, the University is a Covered Entity pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91 (“HIPAA”) and its implementing regulations (“HIPAA Regulations”) and wishes to disclose Protected Health Information (“PHI”) to Business Associate, or, if applicable, to allow Business Associate to create or receive PHI on behalf of the University pursuant to the terms of this Agreement; WHEREAS, the University and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to this agreement in compliance with HIPAA and the HIPAA Regulations, and other applicable laws; and WHEREAS, the purpose of this Agreement is to satisfy certain standards and requirements of HIPAA and the HIPAA Regulations, as the same may be amended from time to time. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS 1. Terms used, but not otherwise defined, in this Agreement shall have the meaning given the terms in the HIPAA Regulations at 45 CFR Part 160-164. 2. Permitted Uses and Disclosures of PHI 2.1.Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI on behalf of, or to provide services to, the University for the following purposes, if such use or disclosure of PHI would not violate the HIPAA Regulations if done by the University or the minimum necessary policies and procedures of the University 2.2.[list purposes for which PHI may be used or disclosed by Business Associate] 2.3. [OPTIONAL; use only if data aggregation services are part of the agreement] Business Associate may use PHI to provide data aggregation services to the University as permitted by 45 CFR § 164.504 (e) (2)(i)(B). 2.4. [OPTIONAL] Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate 2.5.Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR § 164.502(j)(1).
  22. 22. Request For Proposal # <><><> 3. Business Associate agrees that it shall: 3.1. not use or disclose PHI other than as permitted by this Agreement or as required by law; 3.2. use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for in this Agreement; 3.3. implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic PHI it creates, receives, maintains or transmits on behalf of the University; 3.4. mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of this Agreement; 3.5. report to the University Privacy and Security Office at (612) 624-7447 or privacy@umn.edu any security incident involving the PHI described in this Agreement of which it becomes aware as soon as is reasonably possible under the circumstances, recognizing the need to minimize damage that could result from a delay in reporting. In any event, Business Associate shall report incidents no later than two (2) business days from the time when it becomes aware of the incident. For purposes of this Agreement, a “security incident” is defined as the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations. A loss of data is considered to be a security incident under this definition. This definition does not include incidents that occur on a daily basis, such as scans, “pings,” or unsuccessful attempts to penetrate computer networks or servers maintained by Business Associates; 3.6. report to the University in writing any use or disclosure of PHI of which it becomes aware that is not permitted by this Agreement or required by law within 15 days of becoming aware of such use or disclosure; 3.7. ensure that any agents or subcontractors to whom it provides PHI received from, or created by the Business Associate on behalf of the University agree to the same restrictions and conditions as the Business Associate; 3.8. provide to the University the information and access to information as necessary for the University to comply with the individuals’ right to access, request amendment and receive an accounting of disclosures of their PHI and, as requested by the University, for data security assurances purposes; 3.9. make amendments to PHI in a designated records set that the University directs or agrees to pursuant to 45 CFR § 164.526; 3.10. document disclosures of PHI and information related to such disclosures as would be required for the University to respond to a request by an individual for an accounting of disclosures of PHI; 3.11. make available to the Secretary of the Department of Health and Human Services the Business Associate’s internal practices, books and records relating to the use and disclosure of the PHI; and 3.12. use standard transactions and code sets for all transactions covered by 45 CFR § 162. 4. The University shall notify the Business Associate of any limitations in its Notice of Privacy Practices, agreed upon restrictions to uses or disclosures of PHI, and changes in or revocation of permission by the individual to use and disclose PHI, to the extent that the Business Associate’s use or disclosure of PHI is affected. 5. Term and Termination 5.1 Term. The terms of this Agreement shall be effective as of [insert effective date], and shall remain in effect until all PHI provided by the University to the Business Associate, or created or received by Business Associate on behalf of the University is destroyed or returned to the University. The protections of this Agreement shall apply until all PHI is returned or destroyed, in accordance with section 5.3 of this Agreement. 5.2 Termination for Cause. Upon the University’s knowledge of a material breach of this Agreement by the Business Associate, the University shall provide an opportunity for Business Associate to cure the breach or end the violation. If efforts to cure the breach or end the violation are not successful within the time period specified by the University, the University shall terminate this Agreement.
  23. 23. Request For Proposal # <><><> The University shall immediately terminate this Agreement if the University determines cure of the breach is not possible. If neither termination nor cure is feasible, the University shall report the violation to the Secretary. 5.3 Effect of Termination. Upon termination of this Agreement for whatever reason, Business Associate shall return or destroy all PHI, including PHI in the possession of its subcontractors or agents, and must not retain copies of the PHI. In the event that Business Associate determines that return or destruction of the PHI is infeasible because of other obligations or legal requirements, Business Associate shall notify the University of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of PHI is infeasible, the protections of this Agreement shall apply until all PHI is returned or destroyed. Business Associate shall limit further uses or disclosures of PHI to the purposes that made return or destruction of the PHI infeasible. 6. Amendment. The Parties agree to take such action as is necessary to amend this Agreement as necessary for the University to comply with the requirements of HIPAA and the HIPAA Regulations. 7. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, upon any person other than the parties hereto any rights, remedies, obligations or liabilities whatsoever. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the University to comply with HIPAA and the HIPAA Regulations. 9. Addenda . Subject to the written authorization by appropriate representatives of the University and the Business Associate, addenda to this Agreement may be developed to facilitate day to day and year to year execution of the goals of the Agreement. Each addendum shall be in writing and executed by an authorized representative of each of the parties. To the extent an addendum is not properly executed by persons authorized to do so and to the extent it conflicts or contradicts the terms herein, it shall be considered null and void. Signature: (Must be signed in full in ink by an officer of your company) (See Attachment G) Name: (please type or print) Title: (please type or print) Date :
  24. 24. Request For Proposal # <><><> ATTACHMENT J ATTACHMENT J (10% Weight) The University of Minnesota, through its Office for Business & Community Economic Development (OBCED), supports the development of small, diverse businesses through varying programs. This support includes enlisting participation from large vendors. This initiative focuses on businesses certifiably owned and operated by women, minorities, and persons with disabilities (WMDBEs). Your plan for participation is a criterion in the evaluation of this proposal. This plan should not involve any additional costs for the University. Please choose from 1 or more of the following options. A non-response or incomplete response will be scored the same as Option E. You Must Select An Option to Indicate A Community Economic Development Plan. A During the performance of this contract the respondent will SUBCONTRACT a portion of the contract to a certified WMDBE. The value of the subcontract will equal $__________ or ___ % of the total value of this contract. I choose this option B During the performance of this contract the respondent will PURCHASE GOODS AND/OR SERVICES from a WMDBE for the purpose of fulfilling the requirements of this contract. The value of these purchases will equal $__________ or ____% of the total value of this contract. I choose this option C During the performance of this contract the respondent will not subcontract a WMBDE but will instead subcontract with a WMDBE on a different contract using an existing CORPORATE SUPPLIER DIVERSITY PROGRAM. This purchase of goods and/or services from a certified WMDBE will constitute an incremental increase to the vendor’s existing program equal to _______% of the total value of the University contract. I choose this option. D Respondent is a certified WMDBE and will perform $________ or ____% of the contract. If you will subcontract or purchase from other WMDBEs directly connected to the performance of this contract, please complete A or B also. Dollars or percentage represented above must reflect business performed by a WMDBE. I choose this option E Respondent WILL NOT INCORPORATE A WMDBE in its efforts to fulfill the requirements of this contract. A non-response to A, B, C or D will be construed as E. By selecting “E” the respondent will be awarded zero (0) points for the “Participation in and support of Business & Community Economic Development” evaluation criterion. (See Section 1.3 of this Request for Proposal.) I choose this option (zero points possible)
  25. 25. Request For Proposal # <><><> ATTACHMENT J Scoring Criteria for Options A, B, C, D and E Outlined below are the criteria that will be used to evaluate each response to Attachment J and the allocation of potential points under Options A, B, C, D and E. The Attachment J scoring criteria evaluates two categories to determine final score: Type of Participation and Level of Participation. Each category is comprised of 50 pts total. The respondent’s reply to Attachment J will constitute 10% of the respondent’s total RFP score. I. Type of Participation (5% of total RFP score) –50 points maximum Preferred Participation –Options A, B or D = 50 pts Non-Preferred Participation –Option C = 25 pts No Participation –Option E = 0 pts. II. Level of Participation (5% of total RFP score ) –50 points maximum Points are based on the percentage of the overall contract value that the vendor is proposing to assign the WMDBE as outlined in Option A, B, C or D.. • 10% and greater= 50 pts. • 9% participation = 45 pts • 8% participation = 40 pts • 7% participation = 35 pts. • 6% participation = 30 pts • 5% participation = 25 pts • 4% participation = 20 pts • 3% participation = 15 pts • 2% participation = 10 pts • 1% participation = 5 pts Certified WMDBEs can be found at: http://www.mmd.admin.state.mn.us/process/search/ (state certified WMDBE vendors) or http://usmallbiz.umn.edu/index.html (Federal, state and other certified WMDBE vendors)
  26. 26. Request For Proposal # <><><> ATTACHMENT K REFERENCES Provide a customer reference list of at least three (3) organizations with which Respondent currently has contracts and/or has previously provided a similar quantity of goods and/or a similar scope of services within the past five (5) years. The reference list is to include: Company name _____________________ Contact person______________________ Telephone number___________________ E-mail address______________________ Project description___________________ Length of business relationship ______________________ Other relevant information__________________________ Company name _____________________ Contact person______________________ Telephone number___________________ E-mail address______________________ Project description___________________ Length of business relationship ______________________ Other relevant information__________________________ Company name _____________________ Contact person______________________ Telephone number___________________ E-mail address______________________ Project description___________________ Length of business relationship ______________________ Other relevant information__________________________ Company name _____________________ Contact person______________________ Telephone number___________________ E-mail address______________________ Project description___________________ Length of business relationship ______________________ Other relevant information__________________________ The University reserves the right to consider other references or Respondent’s documented past performance at the University.
  27. 27. Request For Proposal # <><><> ATTACHMENT L REVENUE-SHARING RELATIONSHIPS READ, THEN DELETE SHADED EXPLANATION FROM THE FINAL DOCUMENT. Develop as applicable to the specific relationship defined in RFP.
  28. 28. Request For Proposal # <><><> ATTACHMENT M CERTIFICATE OF INSURANCE Use Attachment M when the scope of work includes providing a service. Attachment M requires that the vendor submit an insurance certificate evidencing that they have the insurance coverage indicated in the Ts and Cs in Attachment G. A certificate of insurance is important for three reasons. First, having insurance adequate to protect one’s business is an indication of business judgment. If the Respondent does not have adequate insurance, that may call into question whether it is a responsible Respondent. Similarly, the second reason a certificate of insurance is important is that, if the Respondent is ever sued, inadequate insurance could endanger the viability of the Respondent to the point where it could be a less responsible vendor. Finally, having insurance helps to make sure that there will be assets available to pay any claim arising out of Respondent’s business with the University. Having the University named as “an additional insured” is important for two reasons. First, it helps to make sure that carrier cannot claim that the Respondent has somehow not given it adequate notice or cooperation, and therefore the coverage is inapplicable. Second, it allows the University to collect the amount of its claim directly from the carrier, rather than having the money paid to the Respondent, and having the University try to collect it from the Respondent, or the Respondent’s other creditors in some situations. The successful Respondent must provide, before award of the contract, a Certificate of Insurance evidencing coverage indicated in the Award Terms & Conditions (Attachment G), naming the "Regents of the University of Minnesota" as additional insureds, and agreeing to give the University not less than 30 days notice of any cancellation, expiration, or material change. The successful Respondent further agrees to provide to Purchasing Services prior to policy expiration a revised insurance certificate as evidence of renewals of coverage.
  29. 29. Request For Proposal # <><><> ATTACHMENT N INFORMATION ACCESSIBILITY REQUIREMENTS The University of Minnesota Accessibility of Information Technology Policy may apply. If you are purchasing any of the following: software, hardware, or web services, please include the appropriate attachment below. Delete those that do not apply. Software Accessibility Requirements Hardware Accessibility Requirements Web Accessibility Requirements
  30. 30. Request For Proposal # <><><> ATTACHMENT O GRAMM-LEACH-BLILEY ACT (GLBA) If non-public personal information is to be stored or transmitted electronically, Respondent must describe its data security processes and practices. Consider including requirements for encryption and data security auditing (e.g. SAS 70). READ, THEN DELETE SHADED EXPLANATION FROM THE FINAL DOCUMENT. Purchasing Services has oversight responsibility for Gramm-Leach-Bliley Act (GLBA) issues. If a purchase has any non-public financial information to which Respondent may be granted access by the University, Respondent must identify how they safeguard the information by completing the University’s GLBA Service Provide Due Diligence Form. Refer to Gramm-Leach-Bliley Act Compliance at the University of Minnesota to determine whether GLBA applies to this purchase. Please inform the Purchasing Buyer if GLBA issues apply to this RFP purchase.
  31. 31. Request For Proposal # <><><> ATTACHMENT P REQUIREMENTS FOR TRAVEL REIMBURSEMENT READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. This attachment is intended to ensure that successful Respondents (“Contractors”) who will be reimbursed travel expenses work within the sense/scope of the University’s Travel Policy, 3.8.3 that states: “An individual traveling on University business should neither gain nor lose personal funds as a result of that travel. Travelers are expected to choose the least costly method of transportation and lodging that also meets their scheduling needs. Use of the University’s preferred travel agencies and Respondents is recommended as cost effective and convenient. Employee reimbursements must be University business related and clearly indicate prudent use of public funds.” As a department, you can be more restrictive or flexible as appropriate to the Contractor. This attachment is intended to ensure that successful Respondents (“Contractors”) who will be reimbursed travel expenses work within the sense/scope of the University’s Travel Policy. While under contract with the University, Contractors shall be subject to the following travel reimbursement terms & conditions and limits. All travel paid or reimbursed to Contractors from University-administered funds must be done in accordance with University policies, regardless of the funding source. Contractors are expected to exercise good judgment when incurring travel costs. Contractors will only be reimbursed for reasonable and necessary travel expenses actually incurred in the performance of official duties in accordance with the provisions in the contract. Contractors shall not seek reimbursement for expenses not incurred; expenses provided free of charge; or expenses which will be paid or reimbursed from another source. The University has U-Wide contracts with travel vendors (e.g. hotels, car rental) which Contractors may use. (Web Link: http://uwidecontracts.umn.edu) Receipts Original itemized receipts are required for reimbursement of travel expenses (e.g. airfare, hotel, car rental, meals, etc.). Original itemized receipts are actual vendor receipts not credit card charge slips or statements. Airfare Unless the award document or Contract for Professional Services (CPS) specifies otherwise, Contractors shall incur air travel expenses consistent with University Travel Policy. (Web Link: http://travel.umn.edu , click on Policies & Procedures) Under policy, first class travel will not be reimbursed; business class travel is reimbursable on flights of 8 hours or longer. The University does not reimburse air travel obtained using personal frequent flyer miles. Frequent Flyer Miles University employees are not allowed to accrue frequent flyer miles for personal use when the airline travel is paid for with public funds. Minnesota Statues, Section 15.435, section (a) stipulates in part: “Whenever public funds are used to pay for airline travel by an elected official or public employee, any credits or other benefits issued by an airline must accrue to the benefit of the public body providing the funding.”
  32. 32. Request For Proposal # <><><> At its sole discretion, the University may require the same for Contractors if there is a possibility that the business relationship will last long enough for the Contractor to accrue enough miles to earn a free airline ticket(s). In this case the Contractor would be required to use a free ticket(s) for University business. Lodging Contractors are encouraged to use the U-Wide Local Hotel contract properties, which are located in areas surrounding the Twin Cities Campuses. To ensure U-Wide pricing, contact properties directly at numbers listed on U-Wide Contract Web site (http://uwidecontracts.umn.edu ) under lodging in the Travel Category. Contractors are expected to obtain hotel facilities with room rates that are reasonable for their destination using U-Wide Local Hotel Contract rates as guidelines, unless otherwise specified in their contract with the University. Mileage Use of Personal Vehicles Contractor’s use of personal vehicle(s) for University business must be pre-approved by the University Contract Administrator. The University will not reimburse mileage to exceed the current IRS maximum allowed rate. Mileage rate includes gas, vehicle maintenance and other vehicle related costs for which University will not pay separately. Mileage reimbursement for use of personal vehicles shall not exceed the lowest cost (advanced booking, Saturday stay over, etc.) of comparable coach airfare. Contractors will not be reimbursed for any extra lodging or meal expenses incurred as a result of using a personal vehicle rather than flying. Car Rental If necessary to rent a vehicle, pre-approval is required by the University Contract Administrator. Contractors are encouraged to rent from the University’s U-Wide Contract car rental supplier. Rental must be at midsize rate or less, unless specified otherwise in the Contractor’s contract with the University. The University will reimburse gas charges for University business only, not personal use of a rental vehicle. Meals Contractors are encouraged to use the U.S. State Department Meal Per Diem daily amounts, unless otherwise specified in their contract with the University. The maximum meal rates include tax and tip. Meals included in the cost of airfares, lodging, or as part of an event are not reimbursable. Tipping Reimbursement for tipping will be limited to what is considered industry standard. This includes tipping for meals, baggage handling, shuttle services, housekeeping services, etc. Meals 15% - 20% (pre-tax) Baggage Handling $1.00 - $2.00 per bag Shuttle Services $1.00 - $2.00 per ride or per bag Housekeeping Services $1.00 - $2.00 per day for maid service or $1.00 - $2.00 per occurrence for special services Miscellaneous Expenses The following are NOT reimbursable expenses to hired consultants or contractors: • Lost or stolen cash or personal property
  33. 33. Request For Proposal # <><><> • Personal items and services • Laundry, dry cleaning, pressing costs for trips of three days or less • Traffic citations, parking tickets, and other fines • Excess cost of circuitous or side trips for personal reasons • Repairs, towing, etc. for personal vehicles • Personal entertainment or sightseeing • Excess baggage charges for personal items • Airline, car, hotel, club memberships • Childcare costs • Kennel fees • Late payment penalties and interest on credit cards
  34. 34. Request For Proposal # <><><> ATTACHMENT Q RFP PROCESS AND GENERAL INSTRUCTIONS Carefully read the information contained in this RFP and submit a complete response to all requirements, specifications, and questions as directed. 1. QUESTIONS AND INQUIRIES Fax or e-mail questions about the RFP to the Contact for RFP Inquiries by the date noted in the Tentative Schedule of Events. Respondents also may bring questions to any scheduled pre-Proposal meeting; but such questions may not be answered at that time. The University prefers that Respondents submit questions in advance of any pre-Proposal meeting in order to facilitate appropriate responses. Responses to questions which involve an interpretation or change to this RFP will be issued in writing by University Purchasing Services by addenda and mailed to all parties the University has recorded as having received a copy of the RFP. All such addenda issued prior to the Submittal Date and Time shall be considered part of the RFP. Companies receiving this RFP other than directly from Purchasing Services must notify the Contact for RFP Inquiries and provide a name, street address and e-mail address in order to receive any addendum. Only additional information provided by formal written addenda shall be binding. Oral and other interpretations or clarifications, including those occurring at pre-Proposal meetings, site visits, tours, etc., are not binding. 2. ISSUANCE OF RFP AND AWARD PROCESS After the public opening, an award may be made on the basis of the Proposals submitted, without discussion, clarification or modification, or on the basis of negotiation with any or all of the Respondents. Therefore, make sure your Proposal contains your best offer. Issuance of this RFP does not require the University to award or contract. The University reserves the right to reject any or all Proposals, wholly or in part; to waive any technicalities, informalities, or irregularities in any Proposal at its sole option and discretion. The University reserves the right to request clarification or additional information. The University reserves the right to award a contract in whole or in part, to award multiple contracts to multiple Respondents, to re-solicit for Proposals or to temporarily or permanently abandon the procurement. If the University awards a contract, it will award the contract to the Respondent or Respondents whose Proposal(s) is (are) the most advantageous to the University as determined by the University in the exercise of its sole discretion. After a notification of award has been sent to the selected Respondent(s), letters will be sent to all other Respondents notifying them of the outcome of the RFP process and that the Proposal file is public and available for review in Purchasing Services, subject to the University’s Records and Information Management policies and procedures. 3. PROPOSAL SUBMISSION 3.1 NUMBER AND DESCRIPTION OF ORIGINAL AND COPIES Mail or deliver the number of Proposal sets specified on the Title Page to Purchasing Services. All documents should be 8 1/2" x 11". Bind copies in a manner that facilitates easy handling and reading by the Evaluation Committee. The original and the copies must read exactly the same.
  35. 35. Request For Proposal # <><><> Include with the Proposal a table of contents that includes page number references. The table of contents should be in sufficient detail to facilitate easy reference to the sections of the Proposal as well as separate supplemental information. 3.2 LATE SUBMISSION The University will not consider Proposals received by the University after the Submittal Date and Time indicated on the Title Page WILL NOT be considered. The Respondent assumes the risk of delivery. Postmarking by the Submittal Date and Time shall not substitute for actual receipt of the Proposal by the University. 3.3 RESPONDENT'S PROPOSAL - SIGNATURE AND CERTIFICATION FORM Have the Respondent's Proposal - Signature and Certification Form (Attachment A) signed by an authorized representative of your company. Include this signed document with the original Proposal and a copy of it with each copy of the Proposal. 4. OWNERSHIP OF PROPOSAL All materials submitted in response to this request become the property of the University and may become a part of any resulting contract. Award or rejection of a Proposal does not affect this right. 5. RELEASE OF CLAIMS, LIABILITY AND PREPARATION EXPENSES Under no circumstances shall the University be responsible for any Proposal preparation expenses, submission costs, or any other expenses, costs or damages, of whatever nature incurred as a result of Respondent's participation in this RFP process. Respondent understands and agrees that it submits its Proposal at its own risk and expense and releases the University from any claim for damages or other liability arising out of the RFP and award process. 6. PUBLIC PROPOSAL OPENING AND VIEWING The University will open the responses at the Submittal Date and Time. Respondents may attend the Proposal opening. Only the names of the Respondents shall be made public at the opening. After the award has been, notification of the outcome of the RFP process will be sent to all Respondents, and Proposals may be viewed publicly in Purchasing Services subject to the University's Records & Information Management policies and procedures. 7. DURATION OF RESPONDENT'S PROPOSAL The Proposal constitutes a firm offer by the Respondent that shall remain open and irrevocable for the period specified on the Respondent's Proposal - Signature and Certification Form (Attachment A). 8. ERRORS IN PROPOSALS The University shall not be liable for any errors in Respondent's Proposal. Except during negotiations initiated by the University, no modifications to a Proposal shall be accepted after the Submittal Date and Time. You must ensure that all information, including pricing, is correct and complete. You are responsible for all errors and omissions contained in your proposal; so the University may reject a proposal based on its erroneous or omitted information, even if the correct or complete information was available to the University elsewhere. Similarly, the University may accept your Proposal based on the erroneous or omitted information, and you will be bound by the information as it appears in the Proposal, even if the correct or complete information was available to the University elsewhere. 9. WITHDRAWING PROPOSALS
  36. 36. Request For Proposal # <><><> You may withdraw your Proposal at any time prior to the Submittal Date and Time by submitting a written request to the Contact for RFP Inquiries. The written request must be signed by an authorized representative of the Respondent. The Respondent may submit another Proposal at any time prior to the Submittal Date and Time. No Proposal may be withdrawn after the Submittal Date and Time without approval by the University. Such approval shall be based on Respondent's submittal, in writing, of a reason acceptable to the University in its sole discretion. 10. ADDENDUM The University reserves the right to issue one or more addenda to the RFP at any time for any reason. 11. ORAL PRESENTATIONS/SITE VISITS One or more Respondents may be required to do an oral presentation and/or allow the University to visit the Respondent's site. Each Respondent should be prepared to discuss and substantiate any area of its Proposal, its own qualifications for the Goods and/or Work, and any other area of interest relative to its Proposal. 12. RESPONSES SUBJECT TO PUBLIC DISCLOSURE University considers all information, documentation and other materials (collectively, "Materials" or "Items") submitted in response to this RFP to be non-confidential and/or non- proprietary, and subject to public disclosure and copying after a contract is awarded. By submitting a Proposal, Respondent agrees to release the University from any liability resulting from University's disclosure of such information. If submitting information in response to this RFP that you believe to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota-Statute Section 13.37 (MGDPA), you must follow these instructions. (1) Clearly and conspicuously mark any Materials you believe to contain trade secret information; (2) Enclose such Materials in a separate envelope, which, itself, is clearly and conspicuously marked "Confidential"; and (3) Include in the envelope an opinion for each document indicating the legal basis for regarding it as trade secret under the MGDPA. Respondent also agrees to defend any action seeking release of the Materials believed to be trade secret, and indemnify and hold harmless the University, its regents, agents and employees (“Releasees”), from any judgments or damages awarded against the Releasees in favor of the party requesting the Materials and any and all costs connected with that defense. Additionally, Respondent understands and agrees that in the event a request is made under the MGDPA, the University will notify Respondent of such request but under no circumstances shall the University be required to commence or defend any action to prevent the disclosure or copying of any Materials, including Materials which the Respondent believes to be trade secret or confidential. 13. RESPONSIBLE RESPONDENTS The University reserves the right to award contracts only to responsible Respondents, defined as companies that demonstrate the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform under the contract. The University's determination of whether a Respondent is a responsible Respondent is at the University's sole discretion. 14. NOTIFICATION OF AWARD
  37. 37. Request For Proposal # <><><> If the University awards a contract as a result of this RFP process, the University will deliver to the selected Respondent a notice of award. The resulting contract shall consist of: (1) the terms, conditions, specifications and requirements of this RFP and its attachments, (2) any addenda issued by the University pursuant to this RFP, (3) all representations (including but not limited to, representations as to price, specifications, performance, and financial terms) made by the Respondent in its Proposal and during any videotaped presentations or demonstrations for the benefit of the University, (4) any mutually agreed upon written modifications to the terms, conditions, specifications, and requirements to this RFP or to the Proposal. 15. TESTING AND SAMPLES The University reserves the right to request a demonstration of, or to test, any or all Goods and/or Work proposed in response to this RFP. If Respondent fails to provide such demonstration or fails to provide such Goods and/or Work for testing, the Respondent’s Proposal may be rejected by the University in its sole discretion. The Respondent warrants that if awarded a contract the Goods and/or Work delivered under such contract shall meet or exceed the quality of the Goods and/or Work demonstrated or tested. Samples of the quoted products, when requested, must be furnished free of charge and in a timely manner. If not destroyed by testing and if practical, samples may be returned at the Respondent’s request and expense following contract award. Respondent should not submit unsolicited samples. 16. SUBCONTRACTING Unless otherwise agreed to in writing by the University, the selected Respondent is responsible for performance of any subcontractors. Use of subcontractors in the performance of the contract is subject to University consent. The selected Respondent must ensure that any subcontractors abide by all terms and conditions of the contract.
  38. 38. Request For Proposal # <><><> ATTACHMENT S PROJECT SPECIFICATIONS
  39. 39. Request For Proposal # <><><> ATTACHMENT T Use Attachment T when the successful Respondent’s employees may provide Medicaid related services on behalf of the University of Minnesota. Deficit Reduction Act Compliance. Seller agrees to abide by Section 1902(a)(68) of the Social Security Act, as amended by the 2005 Deficit Reduction Act, including: * providing detailed information to Seller’s employees who provide goods or services to the University about: the Federal False Claims Act; the Federal Program Fraud Civil Remedies Act; and Minnesota Statutes 181.932 regarding protections for employees making reports of illegal conduct, and * providing information and access to the University’s policy and procedure for preventing and detecting waste, fraud and abuse and its protections for employees reporting concerns of misconduct. The information is contained in the University’s policy 2.4.4 Reporting and Addressing Concerns of Misconduct and supporting procedure, available on-line by clicking on this link. The policy is also available in the University’s electronic policy library and by request.
  40. 40. Request For Proposal # <><><> ATTACHMENT X COMPLIANCE WITH PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY PROGRAM Respondent represents and warrants that all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard (“PCIDSS”) and with Visa’s Cardholder Information Security Program (“CISP”). For purposes of this Attachment X, “Network Components” shall include, but are not limited to, Respondent’s firewalls, switches, routers, wireless access points, network appliances, and other security appliances; “Applications” shall include, but are not limited to, all purchased and custom external (web) applications. “Servers” shall include, but are not limited to, all of Respondent’s web, database, authentication, DNS, mail, proxy, and NTP servers. “Subcontractors” means all parties with which Respondent contracts, directly or indirectly, in order to perform its obligations under the contract awarded pursuant to this RFP. Respondent further represents and warrants on behalf of itself and each of its Subcontractors (if any) that (i) it shall be responsible for the security of all Cardholder Data in its possession; (ii) it shall use Cardholder Data only for assisting cardholders in completing a transaction, supporting a loyalty card program, providing fraud control services, or for other uses specifically required by law; (iii) it has a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to Respondent’s operations; (iv) it shall continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and (v) it shall ensure that a representative or agent of the payment card industry and a representative or agent of the University shall be provided with full cooperation and access to conduct a thorough security review of Respondent’s operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate Respondent’s compliance with PCIDSS. For purposes of this Attachment X, “Cardholder Data” shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder’s account number, expiration date, name, address, social security number, or telephone number. Respondent shall indemnify, defend and hold the University and its regents, faculty members, students, employees, agents and contractors harmless from actions, suits, claims, negligent losses, costs, judgments, fines, penalties (including any fines or penalties imposed on the University by Visa, MasterCard, or their member banks), and expenses (including reasonable attorneys’ and investigative fees), arising out of Respondent’s failure to comply with the representations and warranties in this Attachment X.
  41. 41. Request For Proposal # <><><> ATTACHMENT Z SPECIAL INSTRUCTIONS FOR VENDORS OFFERING PROPOSALS ON U-WIDE CONTRACTS THE PROCESS If your company is awarded a U-Wide Contract, you will be issued a letter award assigning a U-Wide contract number. This award letter will also indicate that the "Contract" shall consist of the following: • The terms, conditions, specifications, and requirements contained in the University's Request for Proposal (RFP). • The representation (including but not limited to, all representations as to performance, commissions, price, warranties, and guarantees) contained in your response to the RFP. Individual University Departments will then refer to the U-Wide Contract number when placing orders with your company. Please be advised that changes to this Contract are only valid and enforceable against the University if signed by a Buyer from the Department of Purchasing Services. The terms and conditions of any invoice or similar document submitted by your Company in connection with this Contract will not be binding upon the University. USE BY GOVERNMENTAL ENTITIES If your firm is awarded a U-Wide contract, the contract may be used by any University of Minnesota campuses, facilities or affiliates, and by any Minnesota governmental entity, including but not limited to the State of Minnesota, its agencies and political subdivisions (cities, counties, school districts, etc.) and the State College System, unless your proposal expressly takes exception to this provision. USAGE REPORTS AND ADMINISTRATIVE FEE The successful vendor will be required to pay an administrative fee of one half of one percent (0.5%) of total annual sales of $20,000 or more generated by use of this contract. If you agreed in your proposal to also allow MN governmental entities to use the contract, then the total sales volume report shall include those sales to MN governmental entities. The calculation of the administrative fee shall include those sales. Vendor shall submit annual usage reports and administrative fees. Payment received 30 days past the due date are subject to interest at the rate of 1-1/2% per month. NOTE: Contracts with no sales activity must also be reported. Fees are to be made payable to: University of Minnesota Business Manager, Purchasing Services 1300 S 2nd St., Suite 560 Minneapolis, MN 55454-1082 Usage reports shall include the following: • The quantities of each item purchased off this contract. • Total dollar amount for each item and the total amount for all items. • The report must be sorted by contract user, including: University of Minnesota, State of Minnesota, Minnesota State Colleges & Universities (MnSCU), and others – (be specific) • method of payment, e.g. P-Card, PO or other. MARKETING Contract vendors may market their awarded U-Wide Contract throughout the University and coordinate campuses, provided that such marketing program, and materials are approved by Purchasing Services in each instance. Contract marketing programs and materials initiated without prior approval from University Purchasing Services are strictly prohibited. PRICES AND PRICE CHANGES You may choose from the following options for price increases throughout the contract period, or others as discussed with the Director of Purchasing: • All prices and/or discounts shall remain firm during the Contract Term. • All prices and/or discounts may be negotiated on terms acceptable to both parties. • Others as discussed with the Director of Purchasing. NEGOTIATIONS The University reserves the right to negotiate additional discounts with U-Wide contract vendors for specific orders when deemed appropriate. DELIVERY

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