Experiential Learning Platform

25 April 2024 Experiential Learning Platform The University of North Dakota is soliciting proposals for a Experiential Learning Platform. If you have any questions, please use this events Q&A Board by April 19, 2024. 25 April 2024 Open 3/15/2024 2:00 PM CDT Type Request for Proposal Close 5/10/2024 11:59 PM CDT Number 322-2024 Currency US Dollar Sealed Until 5/10/2024 11:59 PM CDT Payment Terms Net 45 25 April 2024 Contacts Samuel Larson samuel.s.larson@und.edu 25 April 2024 Commodity Codes None Added 25 April 202425 April 202425 April 202425 April 202425 April 202425 April 202425 April 202425 April 2024 mailto:samuel.s.larson@und.edu Standard RFP Clauses Instructions PROCUREMENT OFFICER CONTACT INFORMATION The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Please do

not add the Procurement Officer to any marketing distribution lists. PROCUREMENT OFFICER: Samuel Larson EMAIL: Samuel.S.Larson@UND.edu PHONE: 701.777.4072 Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. DEFINITIONS For the purposes of this RFP, the acronyms and defined terms are as follows: Acronym or Term Name or Definitions Contractor Entity that has an approved contract with the University of North Dakota CT Central Time Zone RFP Request for Proposal Solicitation Closing Deadline for receipt of proposals listed in the RFP Schedule SPO Online State Procurement Office Online system University University of North Dakota UND University of North Dakota RFP SCHEDULE EVENT DATE AND TIME RFP Issued March 15, 2024 at 2:00 PM CST Deadline for submission of Questions and Objections April 19, 2024 at 11:59 PM CST Deadline for receipt of proposals (Solicitation Closing) April 26, 2024 at 11:59 PM CST Demonstrations or presentations. TBD IT Review/TPRM Assessment, approximate. TBD Proposal evaluation completed by approximately. TBD Contract Negotiations TBD Notice of intent to award issued approximately TBD Secretary of State Registration, if determined to be required. Prior to Contract Signing Contract start approximately Fall 2024 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made. TTY Users call: 7-1-1 Description SECRETARY OF STATE REGISTRATION REQUIREMENTS The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4-09.1) • See the OMB Guidelines to Vendor Registry for more information. Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options. • Check the Business Records database to see if a business is registered. • Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1). • If you need to register, fees apply. • Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference. BIDDERS LIST REGISTRATION Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology. Bidders List Registration Website For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov. STATE PROCUREMENT WEBSITE (SPO ONLINE) This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online as well as UND’s Jaggaer Sourcing Portal. Offerors are responsible for checking this website to obtain all information and documents related to this RFP:https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date. Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors. Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer via email with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address. AMENDMENTS TO THE RFP https://firststop.sos.nd.gov/search/business https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-reports-forms-and-licenses https://www.omb.nd.gov/doing-business-state https://apps.nd.gov/csd/spo/services/bidder/main.htm If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in its proposal any required acknowledgements of amendments to the RFP. DEADLINE FOR QUESTIONS AND OBJECTIONS Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline. Questions and objections should include a reference to the applicable RFP section or subsection. Unless otherwise agreed to, posting questions within UND’s Jaggaer Sourcing Module is the required method of submission. Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the RFP. OFFER HELD FIRM Offerors must hold proposals firm for at least 90 days from the deadline for receipt of proposals (Solicitation Closing). The University may send a written request to all Offerors to hold their offer firm for a longer period of time. OFFEROR RESPONSIBLE FOR COSTS Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations. TAXES The University is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon requested by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract. The University will determine if services provided under this contract are 1099 reportable. The University may require the contractor to submit an IRS Form W-9. The state tax exemption number should not be used by contractors in the performance of a contract. A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701.328.1246 or visit its website at https://www.nd.gov/tax/tax-resources/ for more information. A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701.328.1248 or visit its website for more information F.O.B. POINT AND FREIGHT All commodities purchased through this contract will be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery cost. https://www.nd.gov/tax/tax-resources/ PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED An Offeror is solely responsible for ensuring its proposal is received by the University prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether its proposal has been received. Proposals delivered late will be rejected PROPOSAL OPENING A public opening will not be held. This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. The openings may be made public at the discretion of the University. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors. AMENDMENT AND WITHDRAWAL OF PROPOSALS Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw proposal and provide evidence that a substantial mistake has been made, and the University may permit withdrawal. NEWS RELEASES Offerors shall not make any news releases related to this RFP without prior approval of the University. CONFLICT OF INTEREST Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or officials knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with [N.D.C.C. § 12.1-13-03]. Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest. ATTEMPT TO INFLUENCE PROHIBITED Offerors must not give or offer to give anything to a state employee or official anything that might influence or appear to influence procurement decisions. COLLUSION PROHIBITED Offerors must prepare proposals independently, without collusion. E-PROCUREMENT CATALOG, ORDERS, AND INVOICES The University of North Dakota uses Jaggaer as our electronic catalog hosting and management service to enable access a central online website to view and shop for goods and services. Jaggaer is a user-friendly, intuitive, shopping environment for goods and services similar to e-Commerce shopping sites. The awarded Offeror may be requested to implement and host a catalog within Jaggaer and agree to cooperate with the University and Jaggaer (and any authorized agent or successor entity to Jaggaer) to integrate with Jaggaer's Supplier Portal. Offeror may offer a non-catalog contracted item file, a hosted catalog, or a punch-out catalog, depending upon the University’s needs and Bidder’s ability to provide their catalog. https://www.legis.nd.gov/cencode/t12-1c13.html https://www.legis.nd.gov/cencode/t12-1c13.html Upon award, Jaggaer’s technical documentation will be provided to the awarded Bidder(s) after (1) Offeror has been formally invited by UND to join Jaggaer’s Supplier Network and (2) Offeror has joined the Jaggaer supplier network and signed up for Jaggaer’s Supplier Portal. These services will be provided by Jaggaer at no additional cost to the Offeror. If not already a member, upon award, Offeror will be requested to join the Jaggaer Supplier Network and sign up for Jaggaer’s Supplier Portal. Meeting this requirement enables the electronic delivery of orders (as well as the option of e- mail) at the Offeror’s option. More information about the Jaggaer Supplier Network can be found at: https://www.jaggaer.com/supplier-support/ Offeror may also be requested to categorize their products and services using the United Nations Standard Product and Services Code (UNSPSC). UND reserves the right to migrate to future versions of the UNSPSC and the Offeror will be requested to support the migration effort. All line items, goods or services provided under the resulting contract, must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. More information about the UNSPSC is available at: https://www.unspsc.org/ Detailed Line Level invoices are requested. Invoices should match the unit price (including decimal places) and Supplier Catalog Number on the purchase order. If inconsistent, the Offeror may be requested to correct the invoice in the Jaggaer Supplier Portal. Proposal Instructions PROPOSAL PREPARATION ***Please note that the sections below are setup in Jaggaer Sourcing Portal. As long as all questions are completed the sections below will be complete. In the event of technical difficulties or request from the Procurement Officer then the outline below should be used.*** The University discourages overly lengthy and costly proposals. An Offeror must prepare its proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions (contact the procurement officer for instructions on submitting more than one proposal). Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and a Cost Proposal must be isolated from each other. Keep any costs and technical documents submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website. PROPOSAL SUBMISSION INSTRUCTIONS Offeror must electronically submit proposals through the Jaggaer Sourcing Portal by the Solicitation Closing deadline. DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Solicitation Closing deadline. Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that UND is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the University Procurement Office at UND.PPS@UND.eduor 701-777-2771. If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The University takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software. https://www.unspsc.org/ mailto:UND.PPS@UND.edu 1. This solicitation is posted UND Jaggaer Sourcing Portal at: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UND Additionally, UND posts a notice on the North Dakota SPO site at: https://www.nd.gov/omb/vendor 2. Click on the “Open for Bid” tab to find this solicitation. 3. Use “Respond Now” to submit a Bid by the Bid Response deadline. Users will then be asked to log in to submit a bid. Existing users can log in to respond. New users can create a new account. 4. Offeror must review and answers questions in the format requested (text box, attachment, ETC). There is an options to export questions and import answers. 5. Attachment maximum file size allowed is 20mb per file. 6. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files. 7. Bidders will be able to see their response from within their account. Contact the Procurement Officer for alternative method of submission if there are issues submitting electronically. PROPOSAL FORMAT ***Please note that the sections below are setup in Jaggaer Sourcing Portal. As long as all questions are completed the sections below will be complete. In the event of technical difficulties or request from the Procurement Officer then the outline below should be used.*** Prepare the Technical Proposal and Cost Proposal in accordance with these instructions. Technical Proposal – Format the proposal with the following labeled sections: Section 1 – Cover Letter Section 2 – RFP Amendments (only needed if Jaggaer Sourcing Portal is not used to submit RFP) Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality Section 7 – Financials (If Section 7 is deleted or marked “RESERVED” then this section can be omitted from the proposal.) Cost Proposal – The Cost Proposal must be a separate file. Format the Cost Proposal following the RFP instructions. Offeror must create and verify that the file uploaded and/or submitted meets accessibility standards for people with disabilities. TECHNICAL PROPOSAL Cover Letter - See questions page to respond to this section. Additional instructions are provided on the questions page. https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UND https://www.nd.gov/omb/vendor RFP Amendments - Not applicable if using Jaggaer Sourcing Portal. Contract the Procurement Officer if Jaggaer Sourcing Portal is not used to submit proposal. Scope of Work - See Scope of Work section below and questions page to respond to this section. Additional instructions are provided on the questions page. Experience and Qualifications - See Scope of Work section below and questions page to respond to this section. Additional instructions are provided on the questions page. Contract Provisions - See questions page to respond to this section. Additional instructions are provided on the questions page. Open Records and Confidentiality - See questions page to respond to this section. Additional instructions are provided on the questions page. Cost Proposal - See questions page and/or Items page to respond to this section. If applicable, additional instructions are provided on those pages as needed. All costs must be stated in U.S. currency. Any commodities being imported must be identified, and the price must include any applicable shipping and handling, customs, brokerage agency fees, and duties. Offeror should describe any discount terms for prompt payment. Discounts for prompt payment will not be considered in evaluating costs. Value-Added Options. Offeror may include pricing for any value-added options that are described in the Offeror’s proposal as options, but not included in the total cost. Any options must be within the scope of work. (e.g. an option for a higher level of service, equipment accessories, extended warranty options, etc.). Provide details related to initial cost, reoccurring costs, and options. The University shall not consider these costs as part of cost evaluation scoring. Scope of Work The scope of work is detailed in the questions page of this RFP. Be sure to provide a full detailed description of how your proposed solution meets each requirements and/or preferences. This description is a very important part of the evaluation process. The following information are helpful notes for responses to sections of the RFP as applicable. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the University’s project schedule. Value-Added Options. Offerors may include any optional services or goods that are not required by the University but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered. Applicable Directives The Offeror must identify any state and federal requirements that apply to the contract. Location of Work. The proposal must respond to the University’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for University resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated. Project Management Plan. The proposal must describe how the contractor intends to manage the project to ensure the work is accomplished on time, within budget, and meet quantity and quality standards. Offerors may provide a narrative or organizational chart to illustrate the lines of authority and accountability. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work, in consideration of the University’s Contract Schedule within the RFP Scope of Work. Experience and Qualifications of the Firm. Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers. Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including: 1. Description of anticipated work they will perform and approximate estimated hours; 2. Resume or description of the relevant education, training, experience, skills and qualifications; 3. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited; 4. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and its rights and responsibilities. Background Check If University has the necessary authority under N.D.C.C. §12-60-24, the University may require personnel that CONTRACTOR assigns to perform work under this Contract, including employees, contracted staff, subcontractors, or other individuals, to submit to a criminal history record check. The University shall have the right to reject any individual CONTRACTOR assigns to perform work under this Contract if, in the University’s sole discretion, it determines that the results of the criminal history record check make the individual unacceptable. CONTRACTOR agrees to be responsible for all costs associated with criminal history record checks carried out pursuant to this paragraph. Forms and information regarding North Dakota Criminal History Record Checks are available on the following website: https://attorneygeneral.nd.gov/public-safety/criminal-history-records/requesting-criminal-history- record-check Award and Proposal Evaluation RESPONSIVENESS All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. The University reserves the right to waive minor informalities. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. Responsive proposals will be evaluated by the Procurement Officer or evaluation committee using the evaluation criteria stated in the RFP. RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION The University reserves the right to contact references, other customers, including state and local government agencies, regarding past experience with the Offeror. Prior experience of the state agency or institution with any prospective Offeror may also be taken into consideration during evaluation. The University may, at any time, may make a supplementary investigation as to the responsibility of any Offeror. This investigation may include, but is not limited to, financial responsibility, capacity to produce, sources of supply, performance record, or other matters related to the Offeror’s probable ability to deliver if a contract is awarded to the Offeror. If it is determined that an Offeror appears not to be sufficiently responsible, the proposal will be rejected. EVALUATION CRITERIA Proposals will be evaluated using a 100 point scale. The evaluation committee will award points based on the questions in the Technical Proposal Questionnaire – Attachment 2. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation team may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. The final evaluation score will consider information received by UND, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers. Additional information on the scoring process can be found in our evaluators guide specifically the “RATING SCALE” section. COST PROPOSAL EVALUATION The University will calculate evaluation points awarded to Cost Proposals. Any prompt payment discount terms proposed by the Offeror will not be considered in evaluating cost. The reciprocal preference law, N.D.C.C. § 44-08-01, was repealed effective August 1, 2023 The cost amount used for evaluation may also be affected by the application of other costs required to implement the proposed solution to determine the total cost of the solution (i.e. cost for ITD to host a University hosted solution). The lowest Cost Proposal will receive the maximum number of points allocated to cost. Cost proposals will be evaluated using the following formula. (Price of Lowest Cost Proposal / Price of Proposal Being Rated) X Total Points for Cost Available = Awarded Points CLARIFICATIONS OF PROPOSALS – DISCUSSIONS To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or evaluation committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by the University. Discussions are generally conducted by telephone or internet-based conference. In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing Offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based in consideration of information obtained through discussions. RIGHT OF REJECTION The University reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred bidders will be rejected. Proposals determined to be nonresponsive to the requirements of the RFP will be rejected. The University reserves the right to reject the proposal of an Offeror determined to be not responsible. The University reserves the right to refrain from making an award if determined to be in its best interest. PRESENTATIONS, DEMONSTRATIONS, and SITE VISITS After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. These Offerors will be required to provide a presentation or demonstration for the evaluation committee. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. On-Site Visit https://campus.und.edu/finance/procurement-and-payment-services/_files/docs/guidance/procurement/rfp-evaluators-guide.pdf Unless otherwise stated, no on-site visit will be conducted by the evaluation committee. BEST AND FINAL OFFERS The University is not obligated to request best and final offers; therefore, Offerors should submit their best terms (technical and cost) in response to this RFP. If the University determines there is a need for any additional information, substantial clarification or changes to the RFP or proposals, the University may request for best and final offers from Offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested. A date and time will be established for receipt of revised proposals. If an Offeror does not submit a best and final offer, the University shall consider its original proposal as its best and final offer. Best and final offers will be evaluated using the evaluation criteria stated in the RFP. The University may request more than one Best and Final Offer. NEGOTIATIONS The University may enter negotiations with one or more Offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, the University and Offeror may agree to alter or otherwise change the terms and conditions and price of the proposed contract. Negotiation, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals. Each Offeror will be responsible for all costs it incurs as a result of negotiations, including any travel and per diem expenses. Contract negotiations will be conducted primarily by email, conference calls, or internet-based conference. Any on-site negotiation, if needed, will be held in Grand Forks, North Dakota. The University may terminate negotiations, reject a proposal as nonresponsive, and continue or commence negotiations with other Offerors reasonably susceptible for award, if the Offeror: • fails to provide necessary information for negotiation in a timely manner, • fails to negotiate in good faith, • is unable to successfully negotiate contract terms that are acceptable to the University, or • indicates that it cannot perform the contract within the budgeted funds. NOTICE OF INTENT TO AWARD After proposals have been evaluated and the successful Offeror selected, notice of intent to award will be promptly issued to all Offerors that submitted proposals. Upon issuance of this notice, the procurement file becomes an open record. The successful Offeror named in the Notice of Intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until the successful Offeror and the University sign the contract. CONTRACT APPROVAL This RFP does not, by itself, obligate the University. The University 's obligation shall commence when the University signs the contract. Upon written notice to the contractor, the University may set a different starting date for the contract. The University shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the University. EVALUATION DEBRIEFING After the notice of intent to award is issued, Offerors may contact the Procurement Officer to schedule an evaluation debrief. The debrief will provide information about the evaluation process and proposal scores. Contract Information NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent the University from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable. While these Requirements occasionally make the process of negotiating a contract with the University more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States. STATE CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES The University intends to execute a contract substantially similar to the Contract. The Offeror will be required to sign the Contract attached to this RFP and must comply with the terms and conditions. The University may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision. North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the University. Proposals subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by the University. Proposed terms and conditions that conflict with those contained in the attached contract or that diminish the University’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract. Part or all of this RFP and Offeror’s proposal may be incorporated into the attached contract. The University may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision. CONTRACT PROVISIONS Payment Procedures Compensation and payment terms will be set forth in the contract based upon the successful Offeror’s proposal. The University will not make any advanced payments before performance by the contractor under this contract. If needed, the number of payments and/or payment schedule will be negotiated and outlined in the executed contract. Inspection & Modification The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the University. The University may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. Should the University determine that corrections or modifications are necessary to accomplish its intent, the University may direct the contractor to make changes. The contractor will not unreasonably withhold changes. Substantial failure of the contractor to perform the contract may cause the University to terminate the contract. In this event, the University may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages. Contract Changes – Unanticipated Amendments During the course of the contract entered as a result of this solicitation, the contractor may be required to perform additional work due to a legitimate unforeseen circumstance. That work will be within the general scope of the initial contract. When additional work is required, the University shall provide contractor a written description of the additional work and request contractor to submit proposal for accomplishing the scope of work. CONTRACTOR will not commence additional work until all parties agree in writing. Purchasing Card The University may make payments under this contract using a state purchasing card. See the contract related to payments using the University purchasing card. CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES Indemnification and Insurance N.D.C.C. § 32-12.2-17 requires that the OMB establish guidelines for indemnification and insurance provisions in state contracts. The indemnification and insurance requirements contained in the attached contract are pursuant to those guidelines. The University shall not be deemed to have accepted any alteration of these provisions without prior written approval to Offeror from the University acting in consultation with the North Dakota Risk Management Division. Indemnification Indemnification is a contractual clause by which one party to a contract asks the other party to defend it against any claims of third parties who might be injured as a result of something that occurs while the parties are performing their duties and obligations under the contract. Without specific authority to do so, the University agencies cannot enter into agreements indemnifying contractors, or any other entity, against third party claims. Any clause that has the intent of seeking indemnification from the University, whether the clause contains the words “indemnity” or “indemnify,” are not clauses to which the University may agree. The University will also not agree to clauses to indemnify a contractor “to the extent permitted by law.” This is because the University knows that the extent to which the law permits it to indemnify contractors is no extent whatsoever, and as a result would be disingenuous for the University to imply in a contract that there might be some set of circumstances under which the University would defend the contractor against a third party claim(s). Simply put, the University is not going to agree to something it knows it cannot do. In this circumstance an “extent” clause is merely an invitation to litigate the matter in the event a third party claim(s) arises, and the University does not enter into agreements that invite litigation. Do not ask the University to indemnify you against third party claims because it is a contractual obligation to which the University cannot agree. Insurance Upon receipt of the Notice of Intent to Award, the successful Offeror must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the University, in consultation with the North Dakota Risk Management Division. The successful Offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract. Limitation of Liability The University may negotiate Limitation of Liability pursuant to N.D.C.C. § 32-12.2-15 Contracts limiting liability to the University. 1. Notwithstanding any provision in this chapter to the contrary, an agency may agree to limit the liability of a contractor to the state if the agency determines such services or products cannot be effectively obtained without such limitation and the limitation does not pose any significant risk of loss to the state and is in the best interests of the state. The agency, in consultation with the office of management and budget and the attorney general's office, shall prepare a written documentation before agreeing to any liability limitation. An agency's authority to agree to a limitation of liability is limited to contracts for the purchase or lease of, or services related to, software, communication, electronic equipment, and economic forecasting. 2. An agency may limit its ability to recover indirect consequential damages. 3. If the extent of potential direct loss is unknown, an agency may agree to limit direct damages to a reasonably estimated amount commensurate with the foreseeable risk of loss to the state. The amount must be equal to twice the total value of the contract, unless all parties to the contract agree to an alternative amount. Any agreed upon amount that is less than twice the value of the contract must be approved by the director of the office of management and budget. The liquidated damages and retainage provisions for delay, missed deadlines, and other breaches are not subject to a general limitation on direct or indirect damages authorized under this section. 4. A contract under this section may not limit any loss to the state resulting from fraud or other intentional or willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury. Waivers of Jurisdiction and Venue; Alternative Dispute Resolution The North Dakota Attorney General is the University’s attorney for all purposes, including management of litigation and claims against the state. The University may not usurp the Attorney General’s authority by agreeing in advance to control the way litigation may be managed in the event of a dispute. The University cannot, without specific authority, agree to the http://www.legis.nd.gov/cencode/t32c12-2.pdf http://www.legis.nd.gov/cencode/t32c12-2.pdf?20140127141628 jurisdiction or the laws of another state or federal courts, nor can it contractually agree to participate in any form of alternative dispute resolution. Although the University cannot contractually agree to such terms, this does not mean that in the event of a dispute, the University would not agree to participate in alternative dispute resolution. It simply means that this is a decision that must be made by the Attorney General and is a decision that is made at the time a dispute arises. Confidentiality All state agencies of North Dakota are subject to North Dakota public records laws. The University cannot agree to contractual terms that attempt to prevent it from having to disclose records that are declared public records under applicable statutes. Although some confidentiality and exemptions are allowed under the public records laws, the University may not agree to more restrictive obligations concerning its records. Under North Dakota public records laws, contracts are records that are open to the public and may be reviewed at the request of the public. Unliquidated Expenses (i.e. attorney's fees, add-ons, cost increases) Because the University may only obligate those funds that have been appropriated to it by the Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated, the University may not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation. Certainly, this is one of numerous reasons why the University cannot indemnify a contractor against third party claims, but it may also be said for clauses that purport to obligate the University to pay a contractor’s attorneys’ fees, unknown cost increases during the life of the contract, add-ons that were not contemplated or priced in the contract. SCOPE OF WORK The Scope of Work agreed upon by the parties will be incorporated into the attached contract. RIGHT TO INSPECT PLACE OF BUSINESS At reasonable times, the University may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the University makes an inspection, the contractor must provide reasonable assistance. LIQUIDATED DAMAGES The contract may include a clause setting forth an actual dollar amount designated as liquidated damages in order to make the University whole if it suffers damages due to a contractor’s fault. The specific dollar amount for liquidated damages may be part of the negotiation process. The amount will be reasonable and not disproportionate to the damages to the University that are anticipated at the point of the contract and will not serve in any way as a penalty. Special RFP Clauses Purpose and Background of RFP The University of North Dakota, is soliciting proposals for a Experiential Learning Platform. This solution will be used by students, faculty, and staff. The system/service must be easily accessible by instructors/students and staff and be ADA-compliant. It must integrate with Campus Connection, Handshake, UND Employment page, Via (study abroad), and UND’s existing SSO (single sign-on) system, with the potential to integrate with other platforms in the future. The system/service must balance the integrity of the exam with the privacy of the student. Cooperative Purchasing This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers https://www.legis.nd.gov/cencode/t54c44-4.html under N.D.C.C § 39-04.2-02, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. The contractor may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract. In accordance with NDUS Procedure 803.1 Section 5, the parties agree that other institutions within the North Dakota University System (NDSU) may purchase the goods or services awarded under the terms of contract. Should other North Dakota University System institutions or entities wish to purchase products/services from any resulting contract, UND will act as the Contract Manager in accordance with NDUS Procedure 803.1.1 PREPROPOSAL CONFERENCE OR SITE INSPECTION The University will not hold a preproposal conference or site inspection for this RFP. BUDGET The funds for payment of this contract are already appropriated and identified. Award of Proposal The University intends to award a contract to the responsible Offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be most advantageous in consideration the RFP evaluation criteria. Evaluation Criteria The evaluation criteria and relative weight is as follows: Technical Proposal Evaluation (Scope of Work, and Experience and Qualifications): 80 Points Cost Proposal Evaluation: 20 Points Contract Type Firm Fixed Price with Adjustment. The contractor will be required to hold the price firm during the Initial contract period (2 years), except as otherwise provided in the contract. During this period, no price increases will be allowed, and the contractor must notify the University immediately of any price decreases. After the completion of the firm fixed period, the contract may make a written request to the University for a price increase. The request must include the basis for the cost increase, such as evidence that the price increase applies to all customers. The University must approve, deny, or negotiate the requested price increase within 30 days. Any price changes will be set forth in a written amendment to the contract. https://www.ndlegis.gov/cencode/t39c04-2.pdf#nameddest=39-04p2-02 Required to View Event Prerequisites Required to Enter Bid There are no Prerequisites added to this event. 25 April 202425 April 202425 April 202425 April 202425 April 202425 April 202425 April 2024 Buyer Attachments 1. RFP 322-2024 Criteria.docx 25 April 202425 April 202425 April 202425 April 202425 April 202425 April 2024 https://bids01.jaggaer.com/apps/Router/PublicEventDownload?file=U291cmNpbmdldmVudC8xMjA5MDQyLTE1ODQxNDIzNjZSRlAgMzIyLTIwMjQgQ3JpdGVyaWEuZG9jeA%3D%3D&auth=MDpBRVMyI0NQNVp4a2IvSnkxZDNIUm81TGpka2h4M0V4bkpBZDlVSkVFUnk5WnZrK2l5eGZjOVRGNkRHUlU9 Questions Required Questions Group 1: Scope of Work - Graded Instructions: 1.1 Integration with Campus Connection is required. Explain how the platform integrates with Campus Connection and what information is pulled in. 1.2 It is required that users be able to manually enter opportunities. Describe this process. 1.3 SSO integration is required. Please provide details on your capability to integrate Single Sign-On (SSO) functionality within our system. 1.4 The platform must integrate with other platforms specifically Handshake, Via (Study Abroad), and UND's employment page. Provide details as to how your platform integrates with each of these external sources to ensure seamless posting and retrieval of opportunities. 1.5 Faculty, advisors, and staff should be able to search for opportunities on behalf of students and to collaborate with experiential learning opportunities across campus. How does your platform support this? 1.6 Students should be able to filter based on the type of opportunity. How does your platform enable students to filter opportunities based on the type of experiential learning? 1.7 Filtering options should be available. Please explain the filters available to users including: Paid or unpaid, Location, Academic interest area, GPA, Major, Year in School, Skills 1.8 Students should be able to set email notifications based on search preferences. Ex. Student is emailed details about an opportunity when it is posted. Describe preferences students can set such as search filters, and notification frequency. 1.9 Assessment of data is critically important. Describe how data and assessment is used for measuring participation and effectiveness, including meeting student learning outcomes. 1.10 How does the platform allow admins to track and record students' experiential learning activities? 1.11 Students should be able to share experiences with others. Explain how the platform allows students to track and share experiences with future employers and/or graduate and professional schools. 1.12 Reflection is an important piece of experiential learning. Describe the mechanism within the platform that allows students to reflect on their experiential learning experiences. How do students share these reflections with others? 1.13 Describe the permissions of institution side admins vs what's requests need to go through supplier's support. Describe the process, technical knowledge and skills for institutional admins to make changes and updates. Group 2: Experience and Qualifications - Graded Instructions: 2.1 At least three years of Experiential Learning Platform experience is preferred. Please describe your experience. 2.2 The proposed information technology solution is required to be compatible with the following existing technology: Compatibility with Campus Connection, UND Employment page, Handshake, VIA, and SSO. Group 3: SOW Secondary Questions - not graded Instructions: 3.1 A Voluntary Product Accessibility Template (VPAT®) is a document that explains how information and communication technology (ICT) products such as software, hardware, electronic content, and support documentation meet (conform to) the Revised 508 Standards for IT accessibility. https://www.section508.gov/sell/vpat/ 3.2 Higher Education Community Vendor Assessment Toolkit (HECVAT) is a questionnaire framework specifically designed for higher education to measure vendor risk. https://library.educause.edu/search#?q=hecvat 3.3 Technical Exhibits/Supplemental Materials. **Any supplemental material, technical exhibits, ETC attached will not be used to grade the proposal. 3.4 Risk Management. The contractor will take appropriate measures to ensure the safety of its employees, state employees, the public, and property. The contractor must identify any potential risks, issues and problems associated with the project and identify ways to mitigate those potential risks. 25 April 202425 April 202425 April 202425 April 202425 April 2024 3.5 Applicable Directives. The contractor is responsible for identifying and complying with all state and federal requirements that apply to the contract. The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive and rejected. 3.6 Location of Work. No on-site work is required. 3.7 References - to be graded at a later stage if needed. Provide three (3) references from clients for whom similar work was completed. The references must include the name of a contact person and email. UND may contact references provided for verification and to obtain additional information for evaluations. The evaluation score may be impacted if UND is not provided references or unable to contact the references or the reference does not timely provide the requested information. Group 4: Cost Proposal Instructions: 4.1 Total Cost. Cost proposals must provide the total proposed cost for completing the RFP requirements. Itemized Costs. Include a detailed itemization of the Cost Proposal, including all direct and indirect costs: •One time or startup costs •Ongoing/Lifecycle Costs (For example, consumables, maintenance and support, renewals etc.) •Commodities/Equipment/Supplies •Subcontractor costs •Overhead •Etc. 4.2 All costs associated with required listings are included in the bid price? 4.3 If all costs are not included, please explain. Group 5: Procurement Questions - not graded Instructions: 5.1 Cover Letter. See attached instructions. 5.2 Contract Provisions. For reference only. Review and attach redlines as needed. Offeror shall review the RFP Section 6 and the University’s Proforma Contract. The proposal must include indicate whether the Offeror accepts the terms and conditions in UND’s Contract. An Offeror may state that they accept the University’s Contract as written. An Offeror may state any objections or propose changes or additions to the University’s Contract. Describe the changes to the Contract being proposed or provide a red-line of the University’s Contract. Offerors are not to submit their own contract or standard terms and conditions with their proposals. Offeror should address the specific language in the attached contract and submit any proposed changes. North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the University. 5.3 Open Records and Confidentiality. See attached Instructions. 5.4 Affirm that your proposal meets the mandatory requirements within the solicitation? 5.5 Please complete the service level agreement attached. 25 April 202425 April 202425 April 202425 April 202425 April 2024 Product Line Items Product Line Items There are no Items added to this event. 25 April 202425 April 202425 April 202425 April 2024 Service Line Items Service Line Items 1. # Item Name, Commodity Code, Description Allow Alternates Qty. UOM Requested Service Delivery S1 Experiential Learning Platform 1 USD - US Dollar Please provide the total cost of a two-year contract. The total cost includes the costs of implementation, integrations, maintenance and support, and all other costs associated with a two-year contract. 25 April 202425 April 202425 April 2024