Unified Communications (UCaaS and CCaaS) RFP

1 REQUEST FOR PROPOSAL Unified Communications as a Service and Contact Center as a Service Solicitation Number: 24009 Proposal Opening Date: November 28, 2023 Proposal Opening Time: 2:00 PM (CST) October 5, 2023 Solicitation No. 24009 UCaaS and CCaaS RFP 2 TABLE OF CONTENTS PART I: ADMINISTRATIVE AND GENERAL INFORMATION ............................................ 5 1.1 Purpose ........................................................................................................................... 5 1.2 Background .................................................................................................................... 5 1.3 Goals and Objectives ................................................................................................... 6 1.4 Term of Contract............................................................................................................ 7 1.5 Definitions

....................................................................................................................... 7 1.5.1 Acronyms ................................................................................................................. 8 1.6 Schedule of Events ....................................................................................................... 9 1.7 Proposal Submittal ........................................................................................................ 9 1.8 Proposal Response Format ....................................................................................... 11 1.9 Number of Response Copies .................................................................................... 12 1.10 Legibility/Clarity ........................................................................................................... 12 1.11 Confidential Information, Trade Secrets, and Proprietary Information ............... 13 1.12 Proposal Clarifications Prior to Submittal ................................................................ 14 1.12.1 Pre-Proposal Conference ................................................................................ 14 1.12.2 Proposer Inquiry Periods ................................................................................. 14 1.12.3 Blackout Period ................................................................................................. 15 1.13 Errors and Omissions in Proposal ............................................................................ 16 1.14 Proposal Guarantee .................................................................................................... 16 1.15 Performance Bond ...................................................................................................... 16 1.16 Fidelity Bond Requirements ...................................................................................... 17 1.17 Changes, Addenda, Withdrawals ............................................................................. 17 1.18 Withdrawal of Proposal .............................................................................................. 17 1.19 Material in the RFP ..................................................................................................... 17 1.20 Waiver of Administrative Informalities ...................................................................... 17 1.21 Proposal Rejection ...................................................................................................... 17 1.22 Ownership of Proposal ............................................................................................... 18 1.23 Cost of Offer Preparation ........................................................................................... 18 1.24 Non-negotiable Contract Terms ................................................................................ 18 1.25 Taxes ............................................................................................................................. 18 1.26 Proposal Validity .......................................................................................................... 18 1.27 Prime Contractor Responsibilities ............................................................................ 18 1.28 Use of Subcontractors ................................................................................................ 19 1.29 Written or Oral Discussions/Presentations ............................................................. 19 1.30 Acceptance of Proposal Content .............................................................................. 19 1.31 Independent Price Determination ............................................................................. 19 1.32 Evaluation and Selection ........................................................................................... 19 1.33 Best and Final Offers (BAFO) ................................................................................... 20 1.34 Contract Negotiations ................................................................................................. 20 1.35 Contract Award and Execution ................................................................................. 20 1.36 Notice of Intent to Award ............................................................................................ 21 1.37 Debriefings ................................................................................................................... 21 1.38 Insurance Requirements ............................................................................................ 21 Solicitation No. 24009 UCaaS and CCaaS RFP 3 1.39 Subcontractor Insurance ............................................................................................ 22 1.40 Indemnification and Limitation of Liability ................................................................ 22 1.41 Payment ........................................................................................................................ 23 1.41.1 Payment for Services ....................................................................................... 23 1.41.2 Late Payments ........................................................................................................ 23 1.42 Termination .................................................................................................................. 23 1.42.1 Termination of the Contract for Cause .......................................................... 24 1.42.2 Termination of the Contract for Convenience .............................................. 24 1.42.3 Termination for Non-Appropriation of Funds ................................................ 24 1.43 Assignment ................................................................................................................... 24 1.44 No Guarantee of Quantities ....................................................................................... 24 1.45 Audit of Records .......................................................................................................... 25 1.46 Civil Rights Compliance ............................................................................................. 25 1.47 Record Retention ........................................................................................................ 25 1.48 Record Ownership ...................................................................................................... 25 1.49 Content of Contract/ Order of Precedence ............................................................. 25 1.50 Contract Changes ....................................................................................................... 25 1.51 Substitution of Personnel ........................................................................................... 26 1.52 Governing Law ............................................................................................................. 26 1.53 Claims or Controversies ............................................................................................. 26 1.54 Proposer’s Certification of No Federal Suspension or Debarment ..................... 26 1.54.1 Proposer’s Eligibility .............................................................................................. 26 1.54.2 Continuing Obligation ............................................................................................ 27 1.55 Anti-Kickback Clause .................................................................................................. 27 1.56 Clean Air Act ................................................................................................................ 27 1.57 Energy Policy and Conservation Act ........................................................................ 27 1.58 Clean Water Act .......................................................................................................... 27 1.59 Anti-Lobbying and Debarment Act ........................................................................... 27 1.60 Warranties .................................................................................................................... 27 1.61 Code of Ethics ............................................................................................................. 28 1.62 Proposer’s Cooperation.............................................................................................. 28 1.63 Security ......................................................................................................................... 28 1.64 Prohibition of Discriminatory Boycotts of Israel ...................................................... 28 1.65 Key Internal Control Outsourcing ............................................................................. 28 PART II: SCOPE OF WORK/SERVICES .............................................................................. 29 2.1 Scope of Work/Services ............................................................................................. 29 2.2 Deliverables.................................................................................................................. 30 2.3 Price Schedule ............................................................................................................. 30 2.4 Location ........................................................................................................................ 30 2.5 Proposal Elements ...................................................................................................... 30 2.5.1 Financial................................................................................................................. 30 2.5.2 Technical ............................................................................................................... 30 2.5.3 Company Background and Experience ............................................................ 31 2.5.4 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation ................................... 32 Solicitation No. 24009 UCaaS and CCaaS RFP 4 PART III: EVALUATION ........................................................................................................... 34 3.1 Financial Proposal ....................................................................................................... 34 3.2 Technical Proposal...................................................................................................... 35 3.3 Implementation, Integrations, Training and Support ............................................. 37 3.4 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation ....................................... 38 PART IV: PERFORMANCE STANDARDS ........................................................................... 39 4.1 Performance Requirements ....................................................................................... 39 4.2 Performance Measurement ....................................................................................... 39 4.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Reporting Requirements .................. 40 ATTACHMENT I: CERTIFICATION STATEMENT .......................................................... 41 ATTACHMENT II - Insurance Requirements for Contractors ......................................... 43 ATTACHMENT III: VETERAN/HUDSON INITIATIVE VERIFICATION FORM ............ 46 ATTACHMENT “Atch IV-UCaaS Proposer Response” ......................................................... 49 ATTACHMENT “Atch V-CCaaS Proposer Response” ........................................................... 49 ATTACHMENT “Atch VI-Proposer Price Schedule” ............................................................. 49 ATTACHMENT “Atch VII-Existing Topology” ..................................................................... 49 ATTACHMENT “Atch VIII-Client Ref.” ................................................................................ 49 APPENDIX A: SAMPLE GENERIC CONTRACT ............................................................. 50 APPENDIX B: SAMPLE BOARD RESOLUTION OR SIGNATURE AUTHORITY ...... 70 Solicitation No. 24009 UCaaS and CCaaS RFP 5 REQUEST FOR PROPOSAL FOR Unified Communications as a Services (UCaaS) and Contact Center as a Service (CCaaS) PART I: ADMINISTRATIVE AND GENERAL INFORMATION 1.1 Purpose The purpose of this Request for Proposal (RFP) is to obtain competitive proposals as allowed by Louisiana Revised Statute 39:1595 from bona fide, qualified Proposers who are interested in partnering with the University of Louisiana at Lafayette to provide fully managed cloud telephony and contact center services. 1.2 Background The University is a coeducational, public research university located in Lafayette, Louisiana, in the heart of Acadiana. It is the largest campus within the nine (9) campuses of the University of Louisiana System and the state’s second largest university. The University offers bachelor’s, master’s, and doctoral degrees. UL Lafayette is designated a R1 Research University with very high research activity, the Carnegie classification’s top tier. UL Lafayette is dedicated to achieving excellence in undergraduate and graduate education, in research, and in public service. For undergraduate education, this commitment implies a fundamental subscription to general education, rooted in the primacy of the traditional liberal arts and sciences as the core around which all curricula are developed. Graduate programs seek to develop scholars who will advance knowledge, cultivate aesthetic sensibility, and improve the material conditions of humankind. The University reaffirms its historic commitment to diversity, equity, inclusion and belonging. Thus, through instruction, research, and service, the University promotes regional economic and cultural development, explores solutions to national and world issues, and advances its reputation among its peers. The University has nine (9) colleges and schools: College of the Arts B. I. Moody III College of Business Administration College of Education & Human Development College of Engineering College of Liberal Arts College of Nursing & Health Sciences Ray P. Authement College of Sciences Graduate School University College The University was originally named the Southwestern Louisiana Industrial Institute (SLII), according to the 1898 legislative act that created the school. State Senator Robert Martin, for whom UL Lafayette's administrative building is named, authored this legislation. Several towns competed to be the site of the new school; Lafayette was chosen by virtue of a donation of twenty- Solicitation No. 24009 UCaaS and CCaaS RFP 6 five (25) acres of land by the Girard family. The town also put up $8,000 and offered a ten (10) year property tax to supplement state appropriations. By 1921, the school had outgrown its industrial role. The state constitutional convention that year dropped the "Industrial" from the name and allowed Southwestern Louisiana Institute (SLI) to grant bachelor's degrees. By this time, SLI had doubled to fifty (50) acres and included many new classroom and dormitory buildings. As early as 1922, SLI offered extension courses in surrounding parishes. In 1925, the school was accredited by the Southern Association of Colleges and Schools, and a student government association was formed. In 1960, the state legislature approved renaming Southwestern Louisiana Institute to the University of Southwestern Louisiana (USL). At this time, USL comprised a graduate school and six (6) colleges: agriculture, business administration, education, engineering, liberal arts, and nursing. Enrollment was approaching 5,000. Early master's degree programs were in education, French, mathematics, science, engineering, English, geography, history, Spanish, and home economics. In 1961, USL acquired its first digital computer, and three (3) years later it began a master's program in computer science. USL became the University of Louisiana at Lafayette in 1999. The name change reflected the University’s emergence as a national and global leader in research, scholarship and innovation. UL Lafayette’s Fall 2022 enrollment was more than 18,864, including 2,269 graduate students. Its students are from forty-eight (48) states and possessions and eighty-one (81) foreign countries. The University owns a total of about 1,400 acres and is located in the city of Lafayette, which has a population of more than 126,000 residents. The University is seeking proposals for a cloud telecommunication and contact center platform from qualified respondents (Proposer). The proposed solution must include industry standard features and Unified Communication (UC) components that enable instant messaging (IM), Internet Protocol (IP) telephony, audio and video convergence, unified messaging (integrated email, SMS, fax, and voice mail), location-independent collaboration, user mobility, call control, information sharing, unified messaging, and mobility paired with a cohesive integrated cloud contact center solution. A summary of their current system is below: • 20+ year old phone system, reliable but antiquated (Avaya G3R/Mitel 3300) • Roughly 64 locations spread throughout the entire campus, roughly 2,600 endpoints • 107 Fax Lines (eFax solution) 100 Fax Machines with 6 Tollfree Numbers • Roughly 100+ Contact Center Agents • 20,000 DID’s • MS Teams/M365 environment widely used throughout the University • M365 A5 Licenses today 1.3 Goals and Objectives The University is looking to partner with one proposer for their future cloud telephony and contact center platform. Desired state for new system and proposer relationship are as follows: Solicitation No. 24009 UCaaS and CCaaS RFP 7 • Boost productivity across the University’s educators, faculty, administrative staff, and student population. • Improved analytics and reporting capabilities. • Seamless integration with existing and future 3rd party applications. • Improved customer experience and communication tools. • Business continuity and elimination of downtime. • Enhanced feature functionality and easy to use communication tools. • Reduce costs and consolidate telecommunication costs. • Partner with a single proposer that will support the University’s communication workflows 24/7/365 and assist in the day-to-day management of the platform to allow our staff better allocation of their time and resources. • Partner with a single proposer that can provide the University with a leading industry fully integrated cloud Unified Communications as a Service (UCaaS) and Contact Center as a Service (CCaaS) platform. • Provide white glove implementation, training, and support to the University’s team as they migrate from existing legacy phone systems to new communications platform. The University desires to establish/obtain/receive/partner with a single proposer to accomplish the above objectives for their future communications platform. 1.4 Term of Contract The term of any contract resulting from this solicitation shall be for an initial period of 36 months to begin on or about April 1, 2024 and to end March 31, 2027, unless otherwise terminated in accordance with termination provisions of the Contract. At the option of the University and acceptance of the Contractor, the contract may be extended for 2 additional twelve (12) month periods at the same prices, terms, and conditions. Total contract time may not exceed 60 months. Prior to the extension of the contract beyond the initial sixty (36) month term, prior approval by the Joint Legislative Committee on the Budget (“JLCB”) or other approval authorized by law shall be obtained. Such written evidence of JLCB approval shall be submitted, along with the contract amendment to the Office of State Procurement (“OSP”) to extend the contract terms beyond the initial thirty–six (36) month term. Total contract time may not exceed sixty (60) months. 1.5 Definitions A. University – University of Louisiana at Lafayette B. Contract – A legal binding agreement between the University and the awarded Contractor(s). C. Contractor – Any person having a contract with a governmental body. For sections of this RFP outlining required actions of a Contractor, the Contractor should be understood to refer to the successful Proposer responding to this RFP. D. Discussions- For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. Solicitation No. 24009 UCaaS and CCaaS RFP 8 E. May - The term denotes an advisory or permissible action per La. R.S. 39:1556(33). F. Must - The term denotes mandatory requirements. G. Proposal – A submission by the Proposer to enter into a Contract with the University to supply and support the products and/or services described, in accordance with the RFP specifications. H. Proposer – A firm, venture or individual who responds to this RFP. The successful Proposer responsive to this RFP is also described as the Contractor in this document. I. Shall – The term denotes mandatory requirements per La. R.S. 39:1556(52). J. Should – The term denotes a desirable action. K. State- The State of Louisiana. L. White glove service- Refers to premium assistance that's delivered with close attention to detail and an extra level of care. M. Gartner’s Magic Quadrant Report- Show positioning of technology players within a specific market. 1.5.1 Acronyms A. CCaaS – Contact Center as a Service B. DOA – Division of Administration C. OSP – Office of State Procurement D. RFP – Request for Proposal E. UCaaS – Unified Communications as a Service F. UC - Unified Communications G. SMS - Short Message Service, text H. DID - Dial in Direct I. IP – Internet Protocol Solicitation No. 24009 UCaaS and CCaaS RFP 9 1.6 Schedule of Events RFP KEY EVENTS SCHEDULE DATE RFP email to potential Proposers, advertise in newspapers and post to LaPAC and Blackout Period begins. See Sections 1.7 and 1.14.3. October 5, 2023 Deadline for Receiving Written Inquiries Inquiries must be received by 2:00 P.M. CST. See Section 1.14.1. October 24, 2023 2:00 pm Deadline to Answer Written Inquires November 3, 2023 DEADLINE FOR RECEIVING PROPOSALS (And any proposal addendum) (Proposal Submission Deadline) ALL PROPOSALS SHALL REMAIN SEALED UNTILTHE DATE AND TIME LISTED All Proposals must be received by 2:00 P.M., CT on this date at the address listed in Section 1.7. Proposals received late for any reason will not be considered. Tuesday, November 28, 2023 Written or Oral Discussion/Presentations, if applicable See Section 1.25. Week of February 5, 2024 (tentative) Notice of Intent to award announcement, and 14-day protest period begins, on or about February 15, 2024 Contract execution, on or about March 15, 2024 NOTE: The University reserves the right to revise this schedule. Revisions, if any, before the Proposal Submission Deadline will be formalized by the issuance of an addendum to the RFP. Revisions after the Proposal Submission Deadline, if any, will be by written notification to the eligible Proposers. Please note the University has a tentative closure scheduled for the Holidays between December 18, 2023 and January 2, 2024. 1.7 Proposal Submittal This RFP is available in electronic form at the LaPAC website https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. It is available in PDF format or in printed form by submitting a written request to the RFP Contracting Officer with the University. Contact information for the RFP Contracting Officer is provided in Section 1.12.2 of this RFP. It is the Proposer’s responsibility to check the Office of State Procurement LaPAC website frequently for any possible addenda that may be issued. The University is not responsible for a Proposer’s failure to download any addenda documents required to submit a response to this Request for Proposal. Solicitation No. 24009 UCaaS and CCaaS RFP 10 All proposals shall be received in hard copy (printed) form by the University no later than the date and time shown in the Schedule of Events. NOTE: FAX, EMAIL OR ANY OTHER ELECTRONIC SUBMISSIONS ARE NOT ACCEPTABLE. Important - - Clearly mark outside of envelope, box or package with the following information and format: Χ Proposal Name: Unified Communications as a Service and Contact Center as a Service Χ Solicitation Number: 24009 Χ Proposal Opening Date: November 28, 2023 Proposers are hereby advised that the U. S. Postal Service does not make deliveries to the University physical location. The public opening will take place on Tuesday, November 28, 2023 at 2:15 pm (CT) on Zoom, which is available for viewing by registering at: https://ullafayette.zoom.us/meeting/register/tJIvf-6hpjMrE9d8hgHTxkb54pxB9FHVryVB Proposals may be mailed through the U. S. Postal Service to the University box at: University of Louisiana at Lafayette Office of Purchasing P.O. Box 40197 Lafayette, LA 70504-0197 If delivering by U.S. Postal Service to the P.O. Box listed above, please allow sufficient time for the mail to then be transmitted to the University. The University must receive the proposal at its physical location by the date and time specified in Section 1.6 Schedule of Events, of this RFP. Proposals may be delivered by hand or courier service to the University’s physical location at: Office of Purchasing 104 University Circle Martin Hall, Room 123 Lafayette, LA 70503 Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to the University’s physical location. The University is not responsible for any delays caused by the Proposer’s chosen means of proposal delivery. Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in rejection of the proposal. PROPOSALS SHALL BE OPENED PUBLICLY AT THE PHYSICAL LOCATION IDENTIFIED ABOVE AS WELL AS VIA ZOOM AT THE LINK BELOW. ONLY THE NAME OF THE PROPOSERS SUBMITTING PROPOSALS SHALL BE IDENTIFIED ALOUD. NO OTHER INFORMATION CONTAINED IN THE PROPOSAL SHALL BE RELEASED OR DISCLOSED. https://ullafayette.zoom.us/meeting/register/tJIvf-6hpjMrE9d8hgHTxkb54pxB9FHVryVB Solicitation No. 24009 UCaaS and CCaaS RFP 11 The public opening will take place on Tuesday, November 28, 2023 at 2:15 pm (CT) on Zoom, which is available for viewing by registering at: https://ullafayette.zoom.us/meeting/register/tJIvf-6hpjMrE9d8hgHTxkb54pxB9FHVryVB 1.8 Proposal Response Format Proposals submitted for consideration should follow the format and order of presentation described below: A. Cover Letter: The cover letter should be submitted on the Proposer’s official business letterhead and should exhibit the Proposer’s understanding and approach to the project. It should contain a summary of Proposer’s ability to perform the services described in the RFP and confirm that Proposer is willing to perform those services and enter into a contract with the University. ATTENTION: Please indicate in the Cover Letter which of the following applies to the signer of the proposal. Evidence of signature authority shall be provided upon the University’s request. 1. The signer of the proposal is either a corporate officer who is listed on the most current annual report on file with the Secretary of State or a member of a partnership or partnership in commend am as reflected in the most current partnership records on file with the Secretary of State. A copy of the annual report or partnership record must be submitted to the University before contract award. 2. The signer of the proposal is a representative of the Proposer authorized to submit the proposal as evidenced by documents such as, corporate resolution, certification as to corporate principal, etc. If this applies a copy of the resolution, certification or other supportive documents should be attached to the Cover Letter. 3. The Proposer has filed with the Secretary of State an affidavit or resolution or other acknowledged/authentic document indicating that the signer is authorized to submit proposals for public contracts. A copy of the applicable document must be submitted to the University before contract award. 4. The signer of the proposal has been designated by the Proposer as authorized to submit proposals on the Proposer’s vendor registration on file with the University. The cover letter should also: o Identify the submitting Proposer and provide their federal tax identification number. o Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to contractually obligate the Proposer. https://ullafayette.zoom.us/meeting/register/tJIvf-6hpjMrE9d8hgHTxkb54pxB9FHVryVB Solicitation No. 24009 UCaaS and CCaaS RFP 12 o Identify the name, address, telephone number, fax number, and email address of the contact person for technical and contractual clarifications throughout the evaluation period. B. Table of Contents: Organized in the order cited in the format contained herein. C. Proposer Qualifications and Experience: History and background of Proposer, financial strength and stability, related services provided to government entities, existing customer satisfaction, volume of merchants, etc. D. Proposed Solution/Technical Response: Illustrating and describing proposed technical solution and compliance with the RFP requirements. E. Innovative Concepts: Presentation of innovative concepts, if any, for consideration. F. Project Schedule: Detailed schedule of implementation plan for pilot (if applicable) and full statewide or University implementation. This schedule is to include implementation actions, timelines, responsible parties, etc. G. Financial Proposal: Proposer’s fees and other costs, if any, shall be submitted in accordance with Attachment “ Atch VI – Proposer Price Sched.”. Prices proposed shall be firm for the duration of the contract (unless there is some provision in the RFP for price escalation). This financial proposal shall include any and all costs the Contractor wishes to have considered in the contractual arrangement with the University. 1.9 Number of Response Copies Each Proposer shall submit one (1) signed original response. Each Proposer should submit the following: • 3 additional copies of the proposal • One (1) redacted copy of proposal, if applicable (See Section 1.11 of this RFP) • One (1) “searchable” electronic copy of proposal on FOUR (4) separate USB flash drives • One (1) electronic redacted copy of proposal on a USB flash drive, if applicable (See Section 1.11 of this RFP) 1.10 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP is also desired. Each Proposer is solely responsible for the accuracy and completeness of its proposal. Solicitation No. 24009 UCaaS and CCaaS RFP 13 1.11 Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The financial proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La. R.S. 44.1 et. seq.) shall be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification. The Proposer shall clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of the proposal sought to be restricted in accordance with the conditions of the legend: “The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, the University shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the University’s right to use or disclose data obtained from any source, including the Proposer, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. If the Proposer’s response contains confidential information, the Proposer should also submit a redacted copy of their proposal along with their original proposal. When submitting the redacted copy, the Proposer should clearly mark the cover as such - “REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information has been removed. The proposer should also submit one (1) electronic redacted copy of its proposal on a USB flash drive. The redacted copy of the proposal will be the copy produced by the University if a competing proposer or other person seeks review or copies of the Proposer’s confidential data. If the Proposer does not submit the redacted copy, it will be assumed that any claim to keep information confidential is waived. Proposers must be prepared to defend the reasons why the material should be held confidential. By submitting a proposal with data, information, or material designated as containing trade secrets and/or privileged or confidential proprietary information, or otherwise designated as “confidential”, the Proposer agrees to indemnify and defend (including attorney’s fees) the University and hold the University harmless against all actions or court proceedings that may ensue which seek to order the University to disclose the information. Solicitation No. 24009 UCaaS and CCaaS RFP 14 The University reserves the right to make any proposal, including proprietary information contained therein, available to University personnel, the Office of the Governor, or other State Agencies or organizations for the sole purpose of assisting the University in its evaluation of the proposal. The University shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. Additionally, any proposal that fails to follow this section and/or La. R.S. 44:3.2. (D)(1) shall have failed to properly assert the designation of trade secrets and/or privileged or confidential proprietary information and the information may be considered public records. 1.12 Proposal Clarifications Prior to Submittal 1.12.1 Pre-Proposal Conference NOT REQUIRED FOR THIS RFP 1.12.2 Proposer Inquiry Periods Written questions concerning this solicitation shall be delivered to the University’s RFP Coordinator for this RFP listed below: Attention: Kristi Montet Office of Purchasing University of Louisiana at Lafayette 104 University Circle, Room 123 Martin Hall Lafayette, LA 70503 Email: kristi.montet@louisiana.edu Telephone: (337) 482-5201 Fax: (337) 482-5059 Written questions are to include Solicitation Number, Contact Name, Mailing Address, Phone Number, and Email Address. The University will consider written inquiries and requests for clarification of the content of this RFP received from potential Proposers. Written inquiries must be received in the Purchasing Office or in the RPF Coordinators above email address by the date and time specified in the Schedule of Events. The University shall reserve the right to modify the RFP should a change be identified that is in the best interest of the State. Only the RFP Coordinator or their designee has the authority to officially respond to Proposer’s questions on behalf of the University, including during the Blackout Period. Any communications from any other individuals are not binding to the University. Official responses to all questions submitted by potential Proposers will be posted by the date specified in the Schedule of Events (Section 1.6) at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. mailto:kristi.montet@louisiana.edu https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm Solicitation No. 24009 UCaaS and CCaaS RFP 15 *Note: LaPAC is the State’s online electronic bid posting and notification system resident on OSP’s website [http://www.doa.la.gov/Pages/osp/Index.aspx]. In that, LaPAC provides an immediate e-mail notification to subscribing Bidders/Proposers that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting. To receive the e-mail notification, Vendors/Proposers must register in the LaGov portal. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg. Help scripts are available on OSP website under Vendor Resources at: https://www.doa.la.gov/doa/osp/vendor-resources/. 1.12.3 Blackout Period The Blackout Period is a specified period of time during a competitive sealed procurement process in which any Proposer, Bidder, or its Agent or Representative, is prohibited from communicating with any University employee or Contractor of the University involved in any step in the procurement process about the affected procurement. The Blackout Period applies not only to University employees, but also to any Contractor of the University. “Involvement” in the procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Section 1.12.2 of this RFP. All communications to and from potential Proposers, Bidders, Vendors and/or their representatives during the Blackout Period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The Blackout Period will begin upon posting of the solicitation. The Blackout Period will end when the contract is awarded. In those instances, in which a prospective Proposer is also an incumbent Contractor, the University and the incumbent Contractor may contact each other with respect to the existing contract only. Under no circumstances may the University and the incumbent Contractor and/or its representative(s) discuss the blacked-out procurement. Any Bidder, Proposer, or University Contractor who violates the Blackout Period may be liable to the University in damages and/or subject to any other remedy allowed by law. Further, failure to comply with these requirements may result in the Proposal’s disqualification. Any costs associated with cancellation or termination will be the responsibility of the Proposer or Bidder. Notwithstanding the foregoing, the Blackout Period shall not apply to: 1. A protest to a solicitation submitted pursuant to La. R.S. 39:1671. 2. Duly noticed site visits and/or conferences for Bidders or Proposers. 3. Oral presentations during the evaluation process; or 4. Communications regarding a particular solicitation between any person and staff of the University department provided the communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or submission of proposals http://www.doa.la.gov/Pages/osp/Index.aspx https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg Solicitation No. 24009 UCaaS and CCaaS RFP 16 and the proper means of communicating regarding the procurement but shall not include any substantive matter related to the particular procurement or requirements of the RFP. 1.13 Errors and Omissions in Proposal The University will not be liable for any errors or omissions in the proposal. Proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: The University reserves the right to make corrections or clarifications due to patent errors identified in proposals by the University or the Proposer. The University, at its option, has the right to request clarification or additional information from the Proposer. 1.14 Proposal Guarantee Each proposal shall be accompanied by a proposal guarantee in the form of a bond or a certified or cashier’s check or money order made payable to the University of Louisiana at Lafayette for five percent (5%) of the proposed total amount from the submitted cost sheet. If a bond is used, it shall be written by a surety or insurance company currently on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best’s Key Rating Guide to write individual bonds up to ten percent (10%) of policyholders’ surplus as shown in the A.M. Best’s Key Rating Guide. Proposal guarantees shall be subject to forfeiture for failure on the part of the selected Proposer to execute a contract within ninety (90) days after such contract is submitted to Proposer in conformance with the terms, conditions, and specifications of this solicitation. Proposal guarantees in the form of a check or money order shall be returned upon the award of a contract or upon rejection of all proposals. 1.15 Performance Bond The successful Proposer shall be required to provide a performance (surety) bond in the amount of Four Hundred Thousand dollars ($400,000.00) to insure the successful performance under the terms and conditions of the contract negotiated between the successful Proposer and the University. Any performance bond furnished shall be written by a surety or insurance company currently on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A-rating in the latest printing of the A.M. Best's Key Rating Guide to write individual bonds up to 10 percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide or by an insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds. No surety or insurance company shall write a performance bond which is in excess of the amount indicated as approved by the U.S. Department of the Treasury Financial Management Service list or by a Louisiana domiciled insurance company with an A-rating by A.M. Best up to a limit of 10 percent of policyholders' surplus as shown by A.M. Best; companies authorized by this Paragraph who are not on the treasury list shall not write a performance bond when the penalty exceeds 15 percent of its capital and surplus, such capital and surplus being the amount by which the company's assets exceed its liabilities as reflected by the most recent financial statements filed by the company with the Department of Insurance. Solicitation No. 24009 UCaaS and CCaaS RFP 17 The performance bond is to be provided within ten (10) working days from request. Failure to provide within the time specified may cause your offer to be rejected. In addition, any performance bond furnished shall be written by a surety or insurance company that is currently licensed to do business in the State of Louisiana. 1.16 Fidelity Bond Requirements (NOT REQUIRED FOR THIS RFP) 1.17 Changes, Addenda, Withdrawals The University reserves the right to change the Schedule of Events or issue Addenda to the RFP at any time. The University also reserves the right to cancel or reissue the RFP. If the Proposer needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Proposer, cross-referenced clearly to the relevant proposal section, prior to the proposal opening, and should be submitted in a sealed envelope. Such shall meet all requirements for the proposal. 1.18 Withdrawal of Proposal A Proposer may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by the authorized representative of the Proposer must be submitted to the University. 1.19 Material in the RFP Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by the University pursuant to the RFP. 1.20 Waiver of Administrative Informalities The University reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal. 1.21 Proposal Rejection Issuance of this RFP in no way constitutes a commitment by the University to award a contract. The University reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of the University to do so. Further, the University reserves the right to cancel or decline to enter into a contract with the successful Proposer at any time after the award is made and before the contract receives final approval from the Division of Administration, Office of State Procurement. In accordance with the provisions of La. R.S. 39:2192, in awarding contracts after August 15, 2010, any public entity is authorized to reject a proposal or bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any State felony or equivalent Solicitation No. 24009 UCaaS and CCaaS RFP 18 federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39. In accordance with Louisiana law, all corporations (see La. R.S. 12:262.1) and limited liability companies (see La. R.S. 12:1308.2) must be registered and in good standing with the Louisiana Secretary of State in order to hold a purchase order and/or a contract with the University. 1.22 Ownership of Proposal All materials submitted in response to this request become the property of the University. Selection or rejection of a response does not affect this right. All proposals submitted will be retained by the University and not returned to Proposers. Any copyrighted materials in the response are not transferred to the University. 1.23 Cost of Offer Preparation The University is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the University. 1.24 Non-negotiable Contract Terms Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds. 1.25 Taxes Any taxes, other than State and local sales and use taxes, from which the University is exempt, shall be assumed to be included within the Proposer’s cost. 1.26 Proposal Validity All proposals shall be considered valid for acceptance until such time an award is made unless the Proposer provides for a different time period within its proposal response. However, the University reserves the right to reject a proposal if the Proposer’s acceptance period is unacceptable and the Proposer is unwilling to extend the validity of its proposal. 1.27 Prime Contractor Responsibilities The selected Proposer shall be required to assume responsibility for all items and services offered in their proposal whether or not they produce or provide them. The University shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. Solicitation No. 24009 UCaaS and CCaaS RFP 19 1.28 Use of Subcontractors Each Contractor shall serve as the single prime Contractor for all work performed pursuant to its contract. That prime Contractor shall be responsible for all deliverables referenced in this RFP. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements. Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime Contractor acknowledges total responsibility for the entire contract. If it becomes necessary for the prime Contractor to use subcontractors, the University urges the prime Contractor to use Louisiana vendors, including small and emerging businesses, a small entrepreneurship or a veteran or service-connected disabled veteran-owned small entrepreneurship, if practical. In all events, any subcontractor used by the prime should be identified to the University Project Manager. Information required of the prime Contractor under the terms of this RFP, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the contract. The prime Contractor shall assume total responsibility for compliance. 1.29 Written or Oral Discussions/Presentations The University, at its sole discretion, may require all Proposers who submit proposals determined to be reasonably susceptible of being selected for the award to provide an oral presentation of how they propose to meet the University’s objectives; however, the University reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received. Any commitments or representations made by the Proposer during these discussions, if conducted, may become formally recorded in the final contract. Written or oral discussions/presentations for clarification may be conducted to enhance the University’s understanding of any or all of the proposals submitted. Proposals may be accepted without such discussions. 1.30 Acceptance of Proposal Content The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the successful Proposer to accept these obligations shall result in the rejection of the proposal. 1.31 Independent Price Determination By submitting a proposal, the Proposer certifies that the price submitted was independently arrived at without collusion. 1.32 Evaluation and Selection All responses received as a result of this RFP are subject to evaluation by the University Evaluation Committee for the purpose of selecting the Proposer with whom the University shall contract. Solicitation No. 24009 UCaaS and CCaaS RFP 20 To evaluate all proposals, a committee whose members have expertise in various areas has been selected. A consensus-based evaluation process shall be used to evaluate responses. This committee will determine which proposals are reasonably susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of the Proposers to make this determination. Written recommendation for award shall be made to the University Director of Purchasing for the responsible Proposer whose proposal, conforming to the RFP, will be the most advantageous to the University, price and other factors considered. The committee may reject any or all proposals if it is considered in the best interest of the University. 1.33 Best and Final Offers (BAFO) The University reserves the right to conduct a BAFO with one or more Proposers determined by the committee to be reasonably susceptible of being selected for award. If conducted, the Proposers selected to participate will receive written notification of their selection, with a list of specific items to be addressed in the BAFO along with instructions for submittal. The BAFO negotiation may be used to assist the University in clarifying the scope of work or to obtain the most cost-effective pricing available from the Proposers. The written invitation will not obligate the University to a commitment to enter into a contract. 1.34 Contract Negotiations If for any reason, after final evaluation and issuance of the Intent to Award letter, the responsible Proposer whose proposal is most advantageous to the University's needs, price and other evaluation factors set forth in the RFP considered, does not agree to a contract, that proposal shall be rejected, and the University may negotiate with the next most advantageous responsible Proposer. Negotiation may include revision of any non-mandatory terms or conditions, and clarification of the scope of work and/or implementation of the most cost-effective pricing available from the Proposers. OSP must approve the final contract form and issue a purchase order, if applicable, to complete the process. 1.35 Contract Award and Execution The University reserves the right to enter into a contract without further discussion of the proposal submitted based on the initial offers received. The RFP, including any addenda, and the proposal of the selected Contractor will become part of any contract initiated by the University. Proposers are discouraged from submitting their own standard terms and conditions with their proposals. Proposers should address the specific language in the sample generic contract in Appendix A of this RFP and submit any exceptions or deviations the Proposer wishes to negotiate. The proposed terms will be negotiated before a final contract is executed. The University’s mandatory terms and conditions including but not limited to those contained in Solicitation No. 24009 UCaaS and CCaaS RFP 21 Section 1.24 of this RFP are not negotiable. If applicable, a Proposer may submit or refer to a Master Agreement entered into by the Contractor and the University in accordance with La. R.S. 39:198(J). If the contract negotiation period exceeds thirty (30) days or if the selected Proposer fails to sign the contract within seven (7) calendar days of delivery of it, the University may elect to cancel the award and award the contract to the next most advantageous responsible Proposer. Award shall be made to the Proposer with the highest score, whose proposal, conforming to the RFP, will be the most advantageous to the University, price and other factors considered. The University intends to award to a single Proposer. 1.36 Notice of Intent to Award Upon review and approval of the evaluation committee’s and University’s recommendation for award, OSP will issue a “Notice of Intent to Award” letter to the apparent successful Proposer. The “Notice of Intent to Award” letter is the notification of the award of the contract. However, the “Notice of Intent to Award” is contingent upon successful negotiation of a final contract and approval by the Division of Administration, Office of State Procurement. A contract shall be completed and signed by all parties concerned on or before the date indicated in the “Schedule of Events.” If this date is not met, through no fault of the University, the University may elect to cancel the “Notice of Intent to Award” letter and make the award to the next most advantageous responsible Proposer. OSP will also notify all unsuccessful Proposers as to the outcome of the evaluation process. The proposals received (except for that information appropriately designated as confidential in accordance with La. R.S. 44.1 et. seq.) along with the evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report are public record and shall be made available, upon request, to all interested parties after the “Notice of Intent to Award” letter has been issued. Any person aggrieved by the proposed award has the right to submit a protest in writing, in accordance with La. R.S. 39:1671, to the University Director of Purchasing, within fourteen (14) days of the award/intent to award. The “Notice of Intent to Award” letter starts the protest period. 1.37 Debriefings Debriefings may be scheduled by the participating Proposers after the “Notice of Intent to Award” letter has been issued by scheduling an appointment with the University. Contact may be made by phone at (337) 482-5201 or E-mail to kristi.montet@louisiana.edu 1.38 Insurance Requirements Contractor shall furnish the University with certificates of insurance effecting coverage(s) required by this RFP in accordance with Attachment II - Insurance Requirements for Contractors. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the University before work commences. The University reserves the right to require complete certified copies of all required policies, at any time. The Contractor shall maintain the insurance as shown in Solicitation No. 24009 UCaaS and CCaaS RFP 22 Attachment II - Insurance Requirements for Contractors for the full term of the contract. Failure to comply shall be grounds for termination of the contract. 1.39 Subcontractor Insurance The Contractor shall include all subcontractors as insured’s under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the Contractor. 1.40 Indemnification and Limitation of Liability Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under the contract. Contractor shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify and hold harmless the University from suits, actions, damages and costs of every name and description relating to personal injury and damage to property caused by Contractor, its agents, employees, partners or subcontractors in the performance of the contract, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of the University. Contractor will indemnify, defend and hold the University harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims judgments, liabilities and costs which may be finally assessed against the University in any action for infringement of a United States Letter Patent with respect to the Products, Materials, or Services furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that the University shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of the Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, the University may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: (i) University’s unauthorized modification or alteration of a Product, Material, or Service; (ii) University’s use of the Product, Material, or Service in combination with other products, materials, or services not furnished by Contractor; (iii) University’s use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the University’s exclusive remedy to take action no later than six (6) months after the issuance of an injunction in the following order of precedence: (i) to procure for the University the right to continue using such item(s) or part(s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to the University up to the dollar Solicitation No. 24009 UCaaS and CCaaS RFP 23 amount of the Contract. Any injunction that is issued against the University which prevents the University from utilizing the Contractor’s product in excess of six (6) months and for which the Contractor has not obtained for the University or provided to the University one of the alternatives set forth in the foregoing sentence is cause for the University to terminate the Contract. In the event of such termination, the University will not be obligated to compensate the Contractor for any costs incurred by the Contractor. For all other claims against the Contractor where liability is not otherwise set forth in the contract as being “without limitation”, and regardless of the basis on which the claim is made, Contractor’s liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges for products, materials, or services rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein mutually agreed between the parties, neither party shall be liable to the other for special, indirect, or consequential damages, including lost data or records (unless the Contractor is required to back- up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. The University may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. 1.41 Payment 1.41.1 Payment for Services The University shall pay Contractor in accordance with the Pricing Schedule set forth in Attachment “Atch VI – Proposer Price Sched.”. The Contractor may invoice the University monthly at the billing address designated by the University. Payments will be made by the University within approximately thirty (30) days after receipt of a properly executed invoice, and approval by the University. Invoices shall include the contract and order number, using department and product purchased. Invoices submitted without the referenced documentation will not be approved for payment until the required information is provided. 1.41.2 Late Payments Interest due by a State Agency for late payments shall be in accordance with La. R.S. 39:1695 at the rates established in La. R.S. 13:4202. 1.42 Termination The University has the right to terminate the contract immediately for any of the following reasons: (a) misrepresentation by the Contractor; (b) Contractor’s fraud, collusion, conspiracy or other unlawful means of obtaining any contract with the University; (c) conflict of contract provisions with constitutional or statutory provisions of State or Federal Law; (d) abusive or belligerent conduct by the Contractor towards an employee or agent of the University; (e) Contractor’s intentional violation of the Louisiana Procurement Code (La. R.S. 39:1551 et seq.) and its corresponding regulations; or, (f) any listed reason for debarment under La. R.S. 39:1672. Solicitation No. 24009 UCaaS and CCaaS RFP 24 1.42.1 Termination of the Contract for Cause The University may terminate the contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the contract, or failure to fulfill its performance obligations pursuant to the contract, provided that the University shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the University may, at its option, place the Contractor in default and the contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the University to comply with the terms and conditions of the contract, provided that the Contractor shall give the University written notice specifying the University’s failure and a reasonable opportunity for the University to cure the defect. 1.42.2 Termination of the Contract for Convenience The University may terminate the contract for convenience at any time (1) by giving thirty (30) days written notice to the Contractor of such termination; or (2) by negotiating with the Contractor an effective date. The University shall pay the Contractor for, if applicable: (a) deliverables in progress; (b) the percentage that has been completed satisfactorily; and, (c) for transaction-based services up to the date of termination, to the extent work has been performed satisfactorily. 1.42.3 Termination for Non-Appropriation of Funds The continuance of the contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. 1.43 Assignment The Contractor shall not assign any interest in the contract by assignment, transfer, or novation, without prior written consent of the University. This provision shall not be construed to prohibit the Contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the University. 1.44 No Guarantee of Quantities The quantities referenced in the RFP are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by the University to increase or decrease the amount, at the unit price stated in the proposal. Solicitation No. 24009 UCaaS and CCaaS RFP 25 Neither the State nor University obligates itself to contract for or accept more than their actual requirements during the period of the contract, as determined by actual needs and availability of appropriated funds. 1.45 Audit of Records The State legislative auditor, federal auditors, and internal auditors of the University of Louisiana at Lafayette, Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the resulting contract for a period of five (5) years from the date of final payment or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose. 1.46 Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Federal Rehabilitation Act of 1973 as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices and will render services under the contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, disability, or age in any matter relating to employment. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. 1.47 Record Retention The Contractor shall maintain all records in relation to the contract for a period of at least five (5) years after final payment. 1.48 Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of the University and shall, upon request, be returned by Contractor to the University, at Contractor’s expense, at termination or expiration of the contract. 1.49 Content of Contract/ Order of Precedence In the event of an inconsistency between the contract, the RFP and/or the Contractor's Proposal, the inconsistency shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any) and finally, the Contractor's Proposal. 1.50 Contract Changes No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be made without the prior written approval of OSP. Solicitation No. 24009 UCaaS and CCaaS RFP 26 Changes to the contract include any change in: compensation; beginning/ ending date of the contract; scope of work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract. 1.51 Substitution of Personnel The University intends to include in any contract resulting from this RFP the following condition: Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the University for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal. The University shall reserve the right to require removal and replacement of any contract personnel whose performance it considers unacceptable. 1.52 Governing Law All activities associated with this RFP process shall be interpreted under Louisiana Law, including but not limited to La. R.S. 39:1551-1736 (Louisiana Procurement Code) and La. R.S. 39:196-200 (Information Technology Procurement Code), if applicable; purchasing rules and regulations; executive orders; standard terms and conditions; special terms and conditions; and specifications listed in this RFP. Venue of any action brought with regard to the contract shall be in the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana. 1.53 Claims or Controversies Any claims or controversies shall be resolved in accordance with the Louisiana Procurement Code, La. R.S. 39:1671-1673. 1.54 Proposer’s Certification of No Federal Suspension or Debarment By signing and submitting any proposal for $25,000 or more, the Proposer certifies that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in “Audit Requirements in Subpart F of the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (formerly OMB Circular A-133). A list of parties who have been suspended or debarred can be viewed via the internet at https://www.sam.gov. 1.54.1 Proposer’s Eligibility A statement of the Proposer’s involvement in litigation and any suspension or debarment proceedings which could affect this work shall also be included in the Proposal. A suspension or debarment proceeding which could affect this work is any proceeding, whether pending or concluded, that involves a governmental body or governmental entity. If no such litigation, suspension or debarment exists, proposer shall so state. https://www.sam.gov/ Solicitation No. 24009 UCaaS and CCaaS RFP 27 1.54.2 Continuing Obligation Contractor has a continuing obligation to disclose any suspensions or debarment by any government entity, including but not limited to General Services Administration (GSA). Failure to disclose may constitute grounds for suspension and/or termination of the Contract and debarment from future contracts. 1.55 Anti-Kickback Clause The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled. 1.56 Clean Air Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which prohibits the use under non-exempt federal contracts, grants or loans of facilities included on the Environmental Protection Agency (EPA) list of Violating Facilities. 1.57 Energy Policy and Conservation Act The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 1.58 Clean Water Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt federal contracts, grants or loans of facilities included on the Environmental Protection Agency (EPA) List of Violating Facilities. 1.59 Anti-Lobbying and Debarment Act The Contractor will be expected to comply with federal statutes required in the Anti-Lobbying Act and the Debarment Act. 1.60 Warranties Contractor warrants that all services shall be performed in good faith, with diligence and care, by experienced and qualified personnel in a professional, workmanlike manner, and according to its current description (including any completion criteria) contained in the scope of work. No Surreptitious Code Warranty. Contractor warrants that Contractor will make all commercially reasonable efforts not to include any Unauthorized Code in any software provided hereunder. “Unauthorized Code” means any virus, Trojan horse, worm or other software routine or component designed to permit unauthorized access to disable, erase, or otherwise harm software, equipment, or data, or to perform any other such actions. Excluded from this prohibition Solicitation No. 24009 UCaaS and CCaaS RFP 28 are identified and University-authorized features designed for purposes of maintenance or technical support. Contractor further warrants that it has the right to provide and or license its product to the University and that it will operate in accordance with this solicitation. In the event of a material failure of Contractor’s product to function and operate, and/or failure by the Contractor to perform its obligations, in accordance with the terms and conditions of the contract that results in the termination of the contract for cause by the University, the University will not be obligated to compensate the Contractor of any costs incurred by Contractor. 1.61 Code of Ethics The Contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (La. R.S. 42:1101 et. seq., Code of Governmental Ethics) applies to the Contracting Party in the performance of services called for in the Contract. The Contractor agrees to immediately notify the University if potential violations of the Code of Governmental Ethics arise at any time during the term of the Contract. 1.62 Proposer’s Cooperation Any Proposer has the duty to fully cooperate with the University and provide any and all requested information, documentation, etc. to the University when requested. This applies even if an eventual contract is terminated and/or a lawsuit is filed. Specifically, the Proposer shall not limit or impede the University’s right to audit or to withhold University owned documents. 1.63 Security Contractor’s personnel shall comply with all security regulations in effect at the University’s premises, the Information Security Policy at http://www.doa.la.gov/Pages/ots/InformationSecurity.aspx and externally for materials and property belonging to the University or to the project. Where special security precautions are warranted (e.g., correctional facilities), the University shall provide such procedures to the Contractor, accordingly. Contractor is responsible for promptly reporting to the University any known breach of security. 1.64 Prohibition of Discriminatory Boycotts of Israel In preparing its response, the Proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israeli-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. The Proposer has also not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The University reserves the right to reject the response of the Proposer if this certification is subsequently determined to be false, and to terminate any contract awarded based on such a false response. 1.65 Key Internal Control Outsourcing NOT REQUIRED FOR THIS RFP. http://www.doa.la.gov/Pages/ots/InformationSecurity.aspx Solicitation No. 24009 UCaaS and CCaaS RFP 29 PART II: SCOPE OF WORK/SERVICES 2.1 Scope of Work/Services The proposer will provide the University of Louisiana at Lafayette a Unified Communications as a Service Platform (UCaaS) and Contact Center as a Service Platform (CCaaS) based on the requirements identified in the attached Proposer Response Spreadsheet. In addition, the successful proposer will provide implementation, planning, design, build, configuration, deployment, integration, project management, training, and post implementation services in support of the new platforms. The broad scope of the project will include the following fundamental elements with associated subtasks below for each platform: - UCaaS Fully Managed Deployment o Planning Phase o Design Phase o Build and User Acceptance Testing Phase o University Acceptance and Optimization Phase - CCaaS Fully Managed Deployment o Kickoff and Initial Discovery Phase o Scoping and Requirements Phase o Build and Configuration Phase o Agent Supervisor Training Phase o Go Live Readiness Phase o Deployment Phase o Post Platform Deployment Phase Proposals will be evaluated based on the most competitive offer considering quality of products and services offered, cost, implementation and training methodologies, responsiveness to the RFP requirements, and the most responsiveness in meeting those requirements. The criteria that will be used to evaluate proposals will include the following: Evaluation Criteria: • Proposer’s ability to meet the functional requirements of this RFP. • Proposer’s financial stability. • Proposer’s willingness to comply with the proposed agreement with no objections. • Proposer’s commitment and experience in successfully performing similar agreements • Proposer’s overall implementation, integration, and training strategy • Experience of individuals staffed on project. • Quality of references. • Proposer’s commitment to Education. • Proposer’s adherence to industry standards. • Proposer’s compliance to the schedule of events including participation in pre-bid conference, RFP review meeting and walk through if applicable. Acceptability of product/services to the internal customer. • Overall service quality. • Lead times and delivery schedules. Solicitation No. 24009 UCaaS and CCaaS RFP 30 UL at Lafayette’s network connectivity and hardware infrastructure is optimized and ready to support mission critical cloud applications related to voice and video. 2.2 Deliverables The deliverables listed in this section are the minimum desired from the successful Proposer. Every Proposer should describe what deliverables will be provided per their proposal and how the proposed deliverables will be provided. The University is seeking proposals for a telecommunication and contact center platform from qualified respondents (Proposers). The proposed solution must include industry standard features functionality including auto-attendant, unified messaging, and mobility. All requirements as well as optional requirements are outlined in the attachments listed below: • ATTACHMENT “Atch IV-UCaaS Proposer Resp.” • ATTACHMENT “Atch V-CCaaS Proposer Resp.” 2.3 Price Schedule Prices proposed by the Proposers shall be submitted on the price schedule furnished herein on Attachment “Atch VI–Proposer Price Sched.”. Prices submitted shall be firm for the term of the contract. Prices shall include delivery of all items F.O.B. destination. 2.4 Location The location(s) the work/delivery/service is to be performed, completed, and managed is/are at ATTACHMENT “Atch VII–Existing Topology” (includes User Counts by campus location) 2.5 Proposal Elements 2.5.1 Financial Proposal shall include prices per the schedule furnished in Attachment “Atch VI-Proposer Price Sched.” as well as other potential charges (if any) for proposed services associated with the RFP program implementation and administration that you wish the University to consider. 2.5.2 Technical Each Proposer should address how the firm will meet all the requirements of this RFP, with particular attention to: • Attachment “Atch IV-UCaaS Proposer Resp.” • Attachment “Atch V-CCaaS Proposer Resp.” • Proposer must of be referenced in Gartner’s Magic Quadrant Report for UCaaS at least once in the last four annual reports. • Proposer must of be referenced in Gartner’s Magic Quadrant Report for CCaaS at least once in the last four annual reports. • Each proposer must have a minimum of 1,000,000 active UCaaS licenses on their platform and a minimum of 10,000 CCaaS licenses previously deployed. Solicitation No. 24009 UCaaS and CCaaS RFP 31 • Proposer must have at least 3 referenceable customers. One of the three referenceable customers must be a university system with over 2,000 licenses deployed on proposers UCaaS platform. • References should include a contact person, email address, and telephone number for each reference. Please input client references information in Attachment “Atch VIII- Client Ref.”. • Each proposer must offer a financially backed SLA with a minimum of 5 9’s uptime (99.999%) for UCaaS and 4 9’s uptime (99.99%) for CCaaS. • Proposer must offer Tier 1, Tier 2, and Tier 3, 24/7/365 support. • Proposer’s must have a minimum worth/valuation of $250 million to bid/be considered for award of the project. • Proposed solution includes “Out of the Box” integration and interoperability with existing Microsoft Teams & Microsoft Office 365 environment. (The University has a combination of A3 and A5 licensing.) • Proposed contact center solution includes “Out of the Box” integration into the University’s existing CRM’s and ERP software. • CRM and ERP Applications utilized by the University are listed in Attachment “Atch V-CCaaS Proposer Resp.” • Proposed cloud telephony solution requirements are listed in Attachment “Atch IV- UCaaS Proposer Resp.” • Proposer’s solution should encompass both cloud telephony and cloud contact center functionality that meets all requirements and features listed in this RFP or referenced in Attachments “Atch IV-UCaaS Proposer Resp.” and “Atch V-CCaaS Proposer Resp.”. All aspects of the proposed solution must be supported and managed by the proposer and not reliant upon a third party or reseller of these services. • Plans and/or schedule for implementation, or orientation, or installation, etc. (whichever is relevant to the RFP requirements). • Plans for training. • Provision for customer service, including personnel assigned, toll-free number, and account inquiry, etc. across each department. • Resumes for account manager, designated customer service representative(s) and any other key personnel to be assigned to this project, including those of subcontractors, if any. • Information demonstrating the Proposer’s understanding of the nature and scope of this project. 2.5.3 Company Background and Experience • How long the company has been in business. • A brief description of the company size and organizational structure as it relates to services proposed. • How long the company has been working with higher education clients. • Most recent industry analyst reports about your firm’s products and services • Describe any current lawsuits, legal actions or governmental investigations against your company including, but not limited to, parties of dispute, any equipment affected, cause of action, jurisdiction, and date of legal complaint. • Service and Support Requirements • Approach and Methodology Solicitation No. 24009 UCaaS and CCaaS RFP 32 • Implementation/Orientation Plan • Risk Factor Any other information deemed pertinent by the Proposer including terms and conditions which the Proposer wishes the University to consider. 2.5.4 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation Each Proposer should address how the firm will meet the following: The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for Louisiana-based small entrepreneurships (sometimes referred to as LaVet's and SE's respectively) to participate in contracting and procurement with the State. A certified Veteran- Owned and Service-Connected Disabled Veteran-Owned small entrepreneurship (LaVet) and a Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the Louisiana Department of Economic Development. All eligible proposers are encouraged to become certified. Qualification requirements and online certification are available at: https://smallbiz.louisianaeconomicdevelopment.com If a Proposer is not a certified small entrepreneurship as described herein but plans to use certified small entrepreneurship(s), Proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. During the term of the contract and at expiration, the Contractor will also be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. In RFP’s requiring the compliance of a good faith subcontracting plan, the University may require Proposers to submit information on their business relationships and arrangements with certified LaVet or Hudson Initiative subcontractors at the time of proposal review. Agreements between a Proposer and a certified LaVet or Hudson Initiative subcontractor in which the certified LaVet or Hudson Initiative subcontractor promises not to provide subcontracting quotations to other Proposers shall be prohibited. In performing its evaluation of proposals, the University reserves the right to require a non-certified Proposer to provide documentation and information supporting a good faith subcontracting plan. Such proof may include contracts between proposer and certified Veteran Initiative and/or Hudson Initiative subcontractor(s). If a contract is awarded to a Proposer who proposed a good faith subcontracting plan, the State, the Louisiana Department of Economic Development (LED), or the University may audit Contractor to determine whether Contractor has complied in good faith with its subcontracting plan. The Contractor must be able to provide supporting documentation (i.e., phone logs, fax transmittals, letter, e-mails) to demonstrate its good faith subcontracting plan was followed. If it is determined at any time by the University, LED, or the OSP Director that the Contractor did not in fact perform in good faith its subcontracting plan, the contract award or the existing contract may be terminated. https://smallbiz.louisiana/ Solicitation No. 24009 UCaaS and CCaaS RFP 33 The statutes (La. R.S. 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=671504 The statutes (La. R.S. 39:2001 et. seq.) concerning the Hudson Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=96265 The rules for the Veteran Initiative (LAC 19: VII. Chapters 11 and 15) and for the Hudson Initiative (LAC 19: VIII Chapters 11 and 13) may be viewed at: https://www.doa.la.gov/doa/osp/vendor-resources/hudson-se-veteran-initiatives/ A current list of certified Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification System at: https://smallbiz.louisianaeconomicdevelopment.com Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by the Louisiana Department of Economic Development and who have opted to register in the State of Louisiana LaGov Supplier Portal: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg This may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network: https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm When using this site, determine the search criteria (i.e., alphabetized list of all certified vendors, by commodities, etc.) and select SmallE, VSE, or DVSE. http://www.legis.la.gov/Legis/Law.aspx?d=671504 https://www.doa.la.gov/doa/osp/vendor-resources/hudson-se-veteran-initiatives/ https://smallbiz.louisianaeconomicdevelopment.com/ https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm Solicitation No. 24009 UCaaS and CCaaS RFP 34 PART III: EVALUATION The evaluation committee shall assign points to its evaluation of each Proposal as follows: Evaluation Criteria Possible Points Financial Proposal (Section 3.1) 25 Technical Proposal (Section 3.2) 35 Implementation, Integrations, Training and Support (Section 3.3) 28 Veteran and Hudson Initiative (Section 3.4) • Up to 10 points available for Hudson- certified Proposers; • Up to 12 points available for Veteran- certified Proposers; • If no Veteran-certified Proposers, those two points are not awarded. 12 Total Possible Points 100 The proposal will be evaluated in light of the material and the substantiating evidence presented to the University, not on the basis of what may be inferred. For a Proposer to proceed to the Financial Proposal and Veteran and Hudson Initiative evaluation, the Proposer shall achieve a minimum score equivalent to fifty percent (50%) of the possible points assigned to the Technical Proposal. Any Proposal failing to receive the minimum score at the completion of the detailed evaluation of the technical proposals will not be evaluated further and will be ineligible for award. The scores for the Financial Proposals, Technical Proposals and Veteran and Hudson Initiative will be combined to determine the overall score. The Proposer with the highest overall score will be recommended for award. 3.1 Financial Proposal The Financial Proposal should be packaged and sealed separately from the Technical Proposal and should be clearly marked as “FINANCIAL PROPOSAL”. The following financial criteria will be evaluated: Prices proposed by the Proposers shall be submitted on the price schedule furnished in “Atch VI- Proposer Price Sched.”. Prices proposed shall be firm. • Pricing should include all monthly services costs based on user quantities and features listed in “Atch “VI-Proposer Price Sched.” or any additional features necessary to meet requirem