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  1. 1. Request For Proposal # <><><> Model RFP for Purchases of Professional Services (Rev 5/17/07) READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. The Model RFP consists of actual RFP Language as well as instructions and explanations for the person preparing it. Please keep in mind the following when you are preparing the RFP: The shaded explanations are meant as instructions and should be deleted from the RFP draft prior to submitting to Purchasing. Occasionally there is language within these instructions that can be used as part of the RFP. When preparing the RFP, it is very important to continually track the changes you are making to allow the Buyer in Purchasing Services to review the finished document. The “Track Changes” feature in MS Word will automatically track these deletions and insertions. To use this feature, (1) Select “Tools” in the Tool Bar. (2) Select “Track Changes”. (3) Select “Highlight Change”. (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 so that Purchasing Services is aware of the item recommended for deletion. • The <><><> symbol throughout the document identifies where information needs to be supplied by the writer. The information in parentheses next to the <><><> symbol identifies the most commonly used information. • Since section numbers may be referenced in several places, it is easier if you 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. SUBMIT YOUR DRAFT RFP TO PURCHASING SERVICES BUYER ELECTRONICALLY. THE RFP PACKAGE Purchasing will need 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 sources including e-mails to receive the RFP. Instructions for Evaluating Proposals 1) Distribute copies of the responses to each Evaluation Committee member WITH A COPY OF THESE INSTRUCTIONS. Advise them that nothing may be discussed outside of the Committee. Any inquiries from anyone outside the Committee should be forwarded to Purchasing. The proposals are considered confidential in their entirety until after the award has been made. Any information in the proposals which is marked "Confidential" or "Trade Secret" by the respondents must be kept confidential even after award. All team members must adhere to this. 2) Remember that any exceptions to University terms and conditions for purchases, or any alternate agreement must be reviewed by the Office of the General Counsel. This process should be started as soon as possible after the evaluation is completed and the vendor is selected. The Chair of the Committee will need to contact the Buyer to start this process. 3) The Board of Regents must preapprove any award with an estimated value to the vendor of $250,000 or more. The Evaluation Committee is responsible for completing the Regents Summary and Purchase Consent Record. Sample documents are viewable at http://purchasing.umn.edu/documents/Forms/Forms.html. 4) When evaluating these responses, you and your team should observe the following guidelines:
  2. 2. Request For Proposal # <><><> • Read the proposals. Identify the responses that have met all of your basic specifications and proposal submission requirements. Eliminate any responses that have not met your basic specifications and/or requirements. Document, clearly and completely, your reasons for elimination. These reasons should refer back to the section of the RFP where the basic specifications or submission requirements were identified. • Evaluate each response that meets basic specs and submission requirements against your criteria using the assigned weights (points or percentages). Each member of the Evaluation Committee should independently rate each respondent's proposal against each criterion. Do not add any criteria. We recommend that you create a scoring sheet showing each criterion, the name of each respondent and their score on each criterion along with a narration that explains and justifies the scores received by each vendor. • For non-federally funded RFPs, Community Economic Development (CED) staff will evaluate each vendor's CED Response Sheet Attachment for the vendor's community economic development plan (required for purchases $500,000 and over). They will forward these evaluations to you for inclusion in your final evaluation. • Convene the committee and compare scoring. Scoring inconsistencies should be discussed as a team. At this meeting, discuss any questions that have arisen as a result of reviewing the responses. List points in each vendor's proposal that need to be clarified, if any. Send a letter or e-mail to the respondent(s) whose response(s) need clarification, asking for the specific clarification needed and including a deadline for responses. The Purchasing Buyer can be a resource for how to conduct this clarification process. An alternative method for clarification might be a conference call. However, this needs to be closely documented and any conclusions need to be put in writing and signed by the Respondent. Both the request(s) for clarification and the responses should be in writing (fax or e-mail), with copies of all requests for clarification and all responses sent to Purchasing when the process is complete and the vendor has been selected. Attach the Clarification packet in back of the Referral Form when you return the proposals. • You may wish to invite the highest scoring respondent(s) in for a demonstration or presentation and discussion. Or you may wish to visit their site. Please discuss this with the Purchasing Buyer. • You may wish to conduct negotiations with one or more high-scoring vendors. Your team should have a pre-negotiation meeting (without the vendor) to determine points of negotiation and desired outcomes. The Purchasing Buyer should be present for all negotiations. Never reveal information about one vendor's proposal to another vendor. If support of the Community Economic Development Program was requested in the RFP, the CED office may choose to participate in the negotiation of the terms of the CED portion of the contract. If the respondent expects the University to sign any agreement, or if they have taken exception to the University's terms and conditions of award, this will be a part of your negotiations and any such agreement or any changes to the University's terms and conditions must be approved by the Office of the General Counsel. Never indicate to any respondent during the negotiation process that they have been rejected or selected for the award. • Collect all documentation. Include proposals and originals of any materials, notes, and correspondence generated during the evaluation process. Include any e-mails to and from vendors, consultants and Purchasing. Return all proposals and all documentation of the process to Purchasing, for Purchasing's public record. • Prepare a final summary stating specifically how your team arrived at their decision. Forward this to Purchasing, along with Regents' forms if needed, Purchasing will review it, obtain Regents approval if applicable, and make the award. • Following the award, Purchasing will notify all respondents of the award decision. The file, including your evaluation documents, will then be available for public viewing consistent with the policies and procedures of the Office of Records and Information Management.
  3. 3. Request For Proposal # <><><> TITLE PAGE REGENTS OF THE UNIVERSITY OF MINNESOTA <><><> (Name of Department) REQUEST FOR PROPOSAL ("RFP") # <><><> FOR <><><> (Product/Service) RESPONDENT IS RESPONSIBLE TO CAREFULLY READ ATTACHMENT Q OF THIS DOCUMENT FOR THE DETAILS OF THE TERMS AND CONDITIONS OF THE RFP PROCESS. 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 PROPOSALS MUST BE RECEIVED NO LATER THAN: ____<><><>____ __<><><>__PM Minnesota time (Central time zone) per the time clock in Purchasing Services Submittal Date Time Late proposals will not be considered. MAIL OR DELIVER ONE signed ORIGINAL and <><><> paper copies of your proposal to: Purchasing Services University of Minnesota Suite 560 1300 South Second Street Minneapolis, MN 55454-1082 Do not submit copies to any other person or location. CONTACT FOR RFP INQUIRIES Buyer: <><><> Purchasing Services Suite 560, West Bank Office Building 1300 So. 2nd Street Minneapolis, MN 55454-1082 E-Mail: <><><> The person designated above shall be the only contact for all inquiries regarding any aspect of this Request for Proposal (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. TENTATIVE SCHEDULE OF EVENTS DATE RFP Issued………………………………………….................<><><> Questions Emailed/Faxed to Purchasing Services…................<><><> Pre-Proposal Meeting……………………………….................<><><> Proposals Due………………………………………................<><><> Presentations/Negotiations………………………….................<><><> Regents Approval…………………….......................................<><><> Date of Award………………………………………................<><><>
  4. 4. Request For Proposal # <><><> TABLE OF CONTENTS TITLE PAGE 1.0 Background/Scope of Work/Evaluation Criteria/Time Period of Contract....................................... 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................................................................................. Some of the following attachments may not appear in this RFP and are intentionally omitted. ATTACHMENT A Respondent Offer-Signature and Certification Form ATTACHMENT B Respondent Profile and Executive Summary ATTACHMENT D Description of Services ATTACHMENT E Lease Vs. Buy ATTACHMENT F Pricing ATTACHMENT G Award Terms & Conditions ATTACHMENT H Additional Terms & Conditions for Federally Funded Purchases ATTACHMENT I Health Insurance Portability & Accountability Act (HIPAA) ATTACHMENT J Respondent's Community Economic Development (CED) Plan ATTACHMENT K References ATTACHMENT L Revenue Sharing Relationships ATTACHMENT M Certificate of Insurance ATTACHMENT N Accessibility Requirements ATTACHMENT O Gramm-Leach-Bliley Act (GLBA) ATTACHMENT P Travel Reimbursement for Contractors ATTACHMENT S Project Specifications ATTACHMENT Q RFP Process and General Instructions ATTACHMENT X Compliance with Payment Card Industry Data Security Standard and Cardholders Information Security Program
  5. 5. Request For Proposal # <><><> 1.0 BACKGROUND/SCOPE OF WORK/EVALUATION CRITERIA/TIME PERIOD OF CONTRACT 1.1 BACKGROUND READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENTS. BACKGROUND: The Background section gives a brief description of your department including location and function, as well as any pertinent historical 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): A good Scope of Work (Project Summary) is clear, complete, and readily understood by Respondents and states the desired outcome (tasks and deliverables). The Scope of Work (Project Summary) will provide enough information to allow potential Respondents to decide whether they have the interest and capabilities to respond. 1.3 EVALUATION CRITERIA READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Defining the evaluation criteria in the RFP ensures a fair process. Explaining how the proposals will be evaluated also enables the Respondents to structure their offer around what will be of most value to the University. The evaluation criteria is a list of all the factors you will consider in identifying the best proposal. To ensure that you have adequate information to rate each vendor on each criterion, you must use Section 2.0 to request specific information in each criterion. Important: All requests for responses from vendors must be in one of the Attachments in Section 2.0 and not disbursed throughout the RFP. All questions regarding any kind of pricing must be in the Pricing Attachment and not disbursed throughout the other Attachments. Conversely, each item in Section 2.0 to which the vendor must respond must relate to one or more of the evaluation criteria. Do not use Section 2.0 to request information that has nothing to do with the evaluation criteria. Evaluate each vendor'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 Evaluation Methods. Example 1 Numerical Rating Sheet (Point Values), Example 2 Numerical Rating Sheet (Weighted Values), Example 3 Narrative Rating Sheet, and Example 4 Proposals Ranked for Responsiveness to Evaluation Criteria Stated. The Respondent selected for an award 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: • Degree to which vendor's proposal meets or exceeds University’s expectations for services to be provided. • Degree to which proposer accepts University’s terms and conditions. % • Total Cost. % 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.
  6. 6. Request For Proposal # <><><> 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. Multiple .8 x 30 = 24. 24 is the number of points to be awarded. 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. • Respondent's documented, relevant qualifications, experience, references. % • Portfolio quality. % • The degree of completeness of response to the specific requirements of the RFP. % • Understanding of the project and its objectives. % • Project Management; Previous experience with similar projects, Available resources, Subcontracting effort, Project management organization and plan. % • Demonstrated sensitivity and responsiveness to the needs and cultures of diverse clients, communities, and audiences. % • Proposed methodology. % • Ability to meet the work schedule. % • Respondent's financial stability and capacity to perform. % • Participation in and support of Business & Community Economic Development (BCED). 10% (The BCED criterion is required for non-federally-funded awards expected to exceed $500,000. Departments may discuss this criterion with the CED Office (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. This paragraph is not applicable if there is no sustained period of time over which products or services will be provided. It is the University’s intent to award a contract for a period of <><><> years. The University shall have the option to extend the contract for <><><> additional one-year terms to include the same requirements, specifications, terms and conditions. OR Work shall commence on <><><> and be completed by <><><>. 1.5 PRE-PROPOSAL MEETING AND/OR SITE VISIT TO THE UNIVERSITY IS: ____ mandatory ____ optional ____ none If "none" is checked, delete the remainder of this page. READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Be cautious about making a pre-proposal meeting or site visit mandatory. Mandatory is exactly that. If the Respondents you hope to consider do not attend the Pre-Proposal Meeting 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: <><><> (Street Address) <><><> (Street Address) <><><> (City, State) <><><> (Date and Time) <a.m.> <p.m.> (Minnesota Time)
  7. 7. Request For Proposal # <><><> • Please e-mail with the names of those who will attend from your company. RSVP e-mail: <><><> Purchasing Buyer's Assistant – Purchasing will complete. • If pre-proposal meeting is mandatory, proposals from Respondents not represented at the meeting will not be considered. 2.0 STRUCTURE AND CONTENT OF RESPONDENT PROPOSAL To facilitate the evaluation of proposals, Respondents should prepare their response to this section in the format and sequence specified below and in the Attachments which are checked. Respond specifically to each question posed. Do not simply make a general reference to an attachment or brochure. Failure to comply with this stipulation could result in the proposal being rejected by the University 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 each item on the attachments checked below. 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. Respondent's proposal will consist of completion or acknowledgment of the following checked attachments. Unchecked attachments are intentionally omitted. _X_ ATTACHMENT A – RESPONDENT’S OFFER – SIGNATURE AND CERTIFICATION FORM This document requires a signature by Respondent's authorized representative. ___ ATTACHMENT B – RESPONDENT PROFILE AND EXECUTIVE SUMMARY ___ ATTACHMENT D – DESCRIPTION OF SERVICES ___ ATTACHMENT E – LEASE VS. BUY ___ ATTACHMENT F – PRICING _X_ ATTACHMENT G – AWARD TERMS AND CONDITIONS _X_ – Terms and Conditions for Contracts For Professional Services (CFPS) (MS Word Format only) ___ 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. ___ ATTACHMENT I – HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) 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 vendor per contract. Do not use for federally funded purchases. Do not consider optional contract renewals in determining the total. ____ ATTACHMENT J – RESPONDENT'S COMMUNITY ECONOMIC DEVELOPMENT (CED) PLAN ____ ATTACHMENT K – REFERENCES ___ ATTACHMENT L – REVENUE SHARING RELATIONSHIPS ____ ATTACHMENT M – CERTIFICATE OF INSURANCE ____ ATTACHMENT N – ACCESSIBILITY REQUIREMENTS ___ Software Accessibility Requirements ___ Hardware Accessibility Requirements ___ Web Accessibility Requirements
  9. 9. Request For Proposal # <><><> ATTACHMENT A RESPONDENT OFFER SIGNATURE AND CERTIFICATION FORM READ, THEN DELETE SHADED EXPLANATION FROM THE FINAL DOCUMENT. The Respondent’s Offer – Signature and Certification Form emphasizes that the Respondent’s proposal constitutes an "offer" that the University may accept. By signing this form, the Respondent certifies to several important statements: (i) offer is irrevocable for a specified period of time, (ii) Respondent will provide the goods/services in conformity with the specifications, requirements, terms and conditions of the RFP as specified, (iii) Respondent is bound by all statements and representations made in its proposal, and (iv) the person signing the proposal on behalf of the Respondent has the authority to do so. 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 and proposes to furnish the products and/or services described herein 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 and irrevocable offer for the University's acceptance for a minimum of <><><> days from the Submittal Date and Time shown on the Title Page of this RFP to allow time for evaluation, negotiation, selection, and any unforeseen delays, 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 products and/or services necessary to meet requirements, specifications, terms and conditions of the RFP. 3. It has the necessary experience, knowledge, abilities, skills, 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. Respondent acknowledges that the University will rely on such statements, information and representations in selecting the successful Respondent. 6. It is not currently debarred or suspended from doing business with the Federal government, the state of Minnesota, 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. Submission of a proposal indicates the Respondent's acceptance of the evaluation technique and the Respondent's recognition that some subjective judgments may be made by the University as part of the evaluation. 9. It understands and agrees that the University will not treat any information, document, or materials submitted by Respondent as confidential unless 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. Respondent Name: Street Address: City: State: Zip: Phone Fax: 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) Name: (please type or print) Title: (please type or print) Date:
  10. 10. 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: ____ 6. Number of employees dedicated to fulfillment of this contract: __________ 7. Company-wide Annual Sales Volume: __________ Financial Stability & Capacity to Perform 8. State that you will provide a copy of your financial statements for the past two (2) years, if requested by 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 explain the impact both in organizational and directional terms. Yes No 10. Provide any details of all past or pending litigation or claims filed against Respondent that would affect Respondent's performance under a contract with the University. 11. Is Respondent currently in default 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 and any University employee? Yes No If yes, please explain relationship. 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 are they measured.
  11. 11. Request For Proposal # <><><>
  12. 12. Request For Proposal # <><><> ATTACHMENT D DESCRIPTION OF SERVICES FOR ALL SOLUTIONS 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, define or request service guarantees, service response times, etc. Implementation 1. Provide a statement of the project approach. 2. Provide an estimate of the earliest start date following execution of a contract. 3. Submit a work plan with key dates and milestones. Response 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 will 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.) Team Credentials 5. 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. Other 6. What difficulties or challenges do you anticipate in providing services to the University and how do you plan to manage these? What assistance will you require from the University? 7. Provide details regarding any special services or product characteristics, or other benefits offered, or advantages to the University in selecting your company's product or service.
  13. 13. Request For Proposal # <><><> ATTACHMENT E LEASE VS. BUY READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. For equipment purchases estimated at $100,000 or more, the University of Minnesota Purchasing Policy (Policy requires a comparison of lease versus buy costs. For those purchases, the Respondent must complete the information below and submit with response. 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. ____________________
  14. 14. 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. 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. Ask the Respondent to quote each item individually – installation, training, itemized equipment, etc. 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. Below is a sample format for pricing equipment. An alternate format should be used for pricing services. PRICING FOR EQUIPMENT All costs must be stated in this section. No unstated costs will be allowed. 1. If yes, state Cost of Installation: $____________________ Respondent assumes responsibility for installation: ____ Yes ____ No 2. Cost of each piece of equipment: 3. State cost of annual service contract for complete system after warranty: $____________________/year 4. Submit maximum percent increase in maintenance or support contract cost for each additional year: ____% 5. Cost per hour for service as called for: $____________________/hour 6. Indicate who will service the equipment and list a telephone number for technical support and the hours that this number is staffed. Serviced by: ________________________ Phone: ____________________ Hours Available (est.): _____________________ Guaranteed Response Time: ___________________ Emergency Phone: ____________________ Emergency Hours Available: ___________________ Describe how University requests for service will be prioritized. 7. Describe any other costs that are not listed above. (For example, identify costs of freight or supplies or manuals if not included above.) 8. Describe cost structure for training. It is the practice of the University to reimburse travel costs not to exceed University policy for University travelers. See University Travel Policy, http://process.umn.edu/groups/ppd/documents/policy/ Travel.cfm. 9. Attach any warranties related to product or services quoted in addition to the warranty stated in the Award Terms and Conditions. 10. Total Cost (firm): $___________________________
  16. 16. Request For Proposal # <><><> ATTACHMENT H ADDITIONAL TERMS & CONDITIONS FOR FEDERALLY FUNDED PURCHASES READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. Please inform the buyer if federal funds will be used for this contract. Buyer, refer to RFB/RFP grid to determine whether federal flowdowns or certifications apply. Additional Terms and Conditions for Federal Contracts (Flowdowns) Certificate of Compliance with Federal Requirements Certificate of Current Cost or Pricing Data
  17. 17. 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).
  18. 18. 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. 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.
  19. 19. Request For Proposal # <><><> 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.
  20. 20. Request For Proposal # <><><> ATTACHMENT J 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 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. Potential certified WMDBEs can be found at: www.mmd.admin.mn.us or www.ccr.gov. WMDBE Small Business Support Options A During the performance of this contract the respondent will SUBCONTRACT a portion of the contract to a 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 commits to PURCHASING GOODS / SERVICES from a WMDBE for the purpose of fulfilling the requirements directly connected with the performance 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 incorporate into its existing CORPORATE SUPPLIER DIVERSITY PROGRAM a WMDBE jointly identified by the University and vendor. WMDBE must constitute an incremental addition to vendor’s existing program. During the performance of this contract respondent commits to subcontracting a portion of any contract to the identified WMDBE or purchasing goods / services from the identified WMDBE equal to _______% of the total value of this contract. I choose this option. D Respondent is a 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
  21. 21. Request For Proposal # <><><> ATTACHMENT J Attachment J– Scoring Criteria Outlined below are the criteria that will be used to evaluate each proposer’s response to Attachment J and the allocation of potential points under Options A, B, C and D. The two categories for scoring consideration include Type of Participation and Level of Participation. Total possible points = 1000. A. Scoring for Options A, B, C, and D Type of Participation (500 points maximum) Preferred Participation – Respondents that participate through Options A, B or D = 500 pts. Non-Preferred Participation – Respondents that participate through Option C = 250 pts. Level of Participation (as a % of the total contract award value = 500 points maximum) Points are based on the percentage of the overall contract value that the vendor is proposing to assign the WMDBE. • 10%-12% = 500 pts • 8%-10% participation = 400 pts • 5%-7% participation = 300 pts • 3%-4% participation = 200 pts. • < 3% participation = 100 pts
  22. 22. Request For Proposal # <><><> ATTACHMENT K REFERENCES Provide a customer reference list of no fewer than three (3) organizations of a size and scope similar to the University with whom Respondent currently has contracts and/or has previously provided similar goods and/or services within the past five (5) years. Reference list is to include company name, contact person, telephone number and e-mail address, project description, length of business relationship and any other relevant information). The University of Minnesota reserves the right to consider other references or Respondent’s documented past performance at the University.
  23. 23. 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.
  24. 24. Request For Proposal # <><><> ATTACHMENT M CERTIFICATE OF INSURANCE The successful respondent must provide, before award of the contract, a Certificate of Insurance evidencing coverage indicated in the Award Terms & Conditions (Attachment G) and naming the "Regents of the University of Minnesota" as additional insureds. Successful respondent further agrees to provide to University of Minnesota Purchasing Services prior to policy expiration a revised insurance certificate as evidence of renewals of coverage.
  25. 25. Request For Proposal # <><><> ATTACHMENT N ACCESSIBILITY REQUIREMENTS The University of Minnesota Accessibility of Information Technology Policy may apply. If relevant, department must choose which accessibility specifications apply to this purchase. Software Accessibility Requirements Hardware Accessibility Requirements Web Accessibility Requirements
  26. 26. Request For Proposal # <><><> ATTACHMENT O GRAMM-LEACH-BLILEY ACT (GLBA) 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 vendor may be granted access by the University, vendor must identify how they safeguard the information by completing the University’s GLBA Service Provider 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 buyer if GLBA issues apply to this RFP purchase.
  27. 27. Request For Proposal # <><><>
  28. 28. Request For Proposal # <><><> ATTACHMENT P TRAVEL REIMBURSEMENT FOR CONTRACTORS READ, THEN DELETE THIS SHADED EXPLANATION FROM THE FINAL DOCUMENT. This attachment is intended to ensure that 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 vendors 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. 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 State Statue 15.435, section 20 stipulates: “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.” At its 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.
  29. 29. Request For Proposal # <><><> 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 • 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
  30. 30. 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 Respondents who have questions about the RFP should fax or e-mail such questions to the Contact for RFP Inquiries by the date noted in the Tentative Schedule of Events. Additionally, Respondents may bring questions to any scheduled pre-proposal meeting. The University prefers that Respondents submit questions in advance of any pre-proposal meeting in order to facilitate appropriate responses. Responses to written questions which involve an interpretation or change to this RFP will be issued in writing by addendum and mailed to all parties recorded by the University as having received a copy of the RFP. All such addenda issued by University Purchasing Services prior to the time that proposals are received shall be considered part of the RFP. Companies receiving this proposal other than directly from Purchasing Services are responsible for notifying the Contact for RFP Inquiries that they are in receipt of a proposal package and for providing a name, address and e- mail in the event an addendum is issued. 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., will be without legal effect. 2. ISSUANCE OF RFP AND AWARD PROCESS After the public opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any or all of the Respondents. Therefore, the Respondents should make sure their proposals contain the best offer. Issuance of this RFP does not require the University to award. 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, 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". The copies should be bound in a manner that facilitates easy handling and reading by the evaluation committee. The original and the copies must read exactly the same. 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 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 the method of dispatch chosen. Postmarking by the Submittal Date and Time shall not substitute for actual proposal receipt. 3.3 RESPONDENT'S OFFER - SIGNATURE AND CERTIFICATION FORM
  31. 31. Request For Proposal # <><><> Have the Respondent's Offer - 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 response 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 on the Submittal Date and Time indicated. Respondents may attend the proposal opening. Only the names of the Respondents shall be made public at the opening. Proposals may be viewed publicly in Purchasing Services after the award has been made and notification given to all Respondents, subject to the University's Records & Information Management policies and procedures. 7. DURATION OF RESPONDENT'S OFFER The proposal constitutes an offer by the Respondent that shall remain open and irrevocable for the period specified on the Respondent's Offer - 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 proposal shall be accepted from the Respondent after the Submittal Date and Time. Respondent is responsible for careful review of its entire proposal to ensure that all information, including pricing, is correct and complete. Respondents are liable for all errors or omissions contained in their proposals. 9. WITHDRAWING PROPOSALS Respondents may withdraw their proposal at any time prior to the Submittal Date and Time by submitting a written request to the Contact for RFP Inquiries indicated on the Title Page. 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 an addendum to the RFP at any time for any reason. 11. ORAL PRESENTATIONS/SITE VISITS Finalist(s) may be required to do an oral presentation and/or allow the University to visit the vendor's site. Each Respondent should be prepared to discuss and substantiate any area of its proposal, its own qualifications for the services required, 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 of a non-confidential and/or non-proprietary nature and therefore shall be 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
  32. 32. Request For Proposal # <><><> (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, from any judgments or damages awarded against the University 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 PROPOSERS (RESPONDENTS) The University reserves the right to award contracts only to responsible proposers. Responsible proposers are defined as companies that demonstrate the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform on the contract. The University's determination of whether a Respondent is a responsible proposer is at the University's sole discretion. 14. NOTIFICATION OF AWARD 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. 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. 15. TESTING AND SAMPLES The University reserves the right to request a demonstration of or to test any or all products or services offered in response to this RFP. If Respondent fails to provide such demonstration or fails to provide such product or services 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 products and/or services delivered under such contract shall meet or exceed the quality of the products or services 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 successful Respondent shall be responsible for performance of any subcontractors. Use of subcontractors in the performance of the contract is subject to University consent. The awarded vendor must ensure that any subcontractors abide by all terms and conditions of the contract.
  33. 33. Request For Proposal # <><><> ATTACHMENT S PROJECT SPECIFICATIONS
  34. 34. Request For Proposal # <><><> ATTACHMENT X COMPLIANCE WITH PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY PROGRAM Vendor 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, Vendor’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 Vendor’s web, database, authentication, DNS, mail, proxy, and NTP servers. “Subcontractors” means all parties with which Vendor contracts, directly or indirectly, in order to perform its obligations under the Vendor Agreement. Vendor 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 Vendor’s operations; (iv) it shall continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and 9v) 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 Vendor’s operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate Vendor’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. Vendor 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 Vendor’s failure to comply with the representations and warranties in this Attachment X.