RFP - Research Administration Software

TENNESSEE TECHNOLOGICAL UNIVERSITY Request for Proposal RESEARCH ADMINISTRATION SOFTWARE Proposal Due March 21, 2023 Date/Time: 3:00 PM Central Electronic copies of this Request for Proposal available at https://www.tntech.edu/purchasing/bidopportunities.php or by contacting Donna Wallis at dwallis@tntech.edu https://www.tntech.edu/purchasing/bid mailto:dwallis@tntech.edu 2 CONTENTS SECTION 1 INTRODUCTION 2 RFP SCHEDULE OF EVENTS 3 PROPOSAL REQUIREMENTS 4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION 5 PROPOSAL EVALUATION & CONTRACT AWARD RFP ATTACHMENTS: 6.1 Contractor Requirements Form 6.2 Pro Forma Contract 6.3 Proposal Transmittal/Statement of Certifications & Assurances 6.4 Mandatory

Requirements 6.5 Technical Proposal & Evaluation Guide 6.6 Cost Proposal & Scoring Guide 6.7 Proposal Score Summary Matrix 6.8 Listing of State Universities, TBR System Institutions, the UT System of Higher Education, and State of Tennessee 6.9 Vendor Product Accessibility Statement and Documentation 6.10 Accessibility Conformance and Remediation Form 3 1 INTRODUCTION 1.1 Background Tennessee Technological University is a four-year comprehensive university located in Cookeville, Tennessee. Tennessee Tech is the state’s only technological university and currently enrolls approximately 10,000 students. Tennessee Tech offers more than 40 undergraduate degree programs, 120 concentrations and 20 graduate degree programs from its eight academic divisions – the College of Agriculture and Human Ecology, College of Arts and Sciences, College of Business, College of Education, College of Engineering, College of Fine Arts, the School of Interdisciplinary Studies, and the School of Nursing. Long recognized for academic excellence, Tennessee Tech ranks as one of the Best Public Universities in the country by U.S. News and World Report (2017, 2018, 2019 and 2020 “Best National University”), by Payscale.com (2017, 2018 and 2019 third overall for highest return on investment), and by The Princeton Review (among the “Best in the Southeast” for twelve of the last thirteen years). Founded in 1915, Tennessee Tech is governed by its own Board of Trustees. 1.2 Statement of Procurement Purpose Tennessee Technological University (“Tennessee Tech”) is seeking proposals for an experienced and qualified Contractor to provide a Software-as-a-Service (SaaS) solution what will assist the university in conducting sponsored projects and administration in an integrated and automated environment. The solution shall encompass pre-award and post-award processes. Through this RFP, Tennessee Tech seeks to procure necessary services at the most favorable, competitive prices and to give ALL qualified businesses, including those that are small, minority, women, disabled and service-disabled veteran owned, the opportunity to do business with Tennessee Tech. Vendors must complete the Contractor Requirements Form (See Attachment 6.1 for form and classification definitions). In addition, all small, minority, woman, disabled and service-disabled veteran owned businesses are strongly encouraged to register with the Governor’s Office of Diversity Business Enterprise (Go-DBE) to attain official certification. Tennessee Tech shall work with the successful Proposer and the Go-DBE Office regarding registration/certification. 1.3 Scope of Service, Contract Period, and Required Terms and Conditions The RFP Attachment 6.2, Pro Forma Contract details Tennessee Tech’s required:  Scope of Services in Section A;  Contract Term in Section B;  Payment Terms and Conditions in Section C;  Contractor Responsibilities in Section D; and  Terms and Conditions in Section E. The Pro Forma Contract substantially represents the contract document that the successful Proposer MUST agree to and sign. A Proposal that limits or changes any of the terms or conditions contained in the Pro Forma Contract may be considered non-responsive. 4 1.4 Nondiscrimination The Contractor shall abide by all applicable federal and state laws pertaining to discrimination and hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of classifications protected by Federal or State law. Accordingly, upon request Contractor shall be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. Tennessee Tech has designated the following individual to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and applicable federal regulations. Mr. Greg Holt, Compliance Officer Tennessee Tech University Derryberry Hall, Room 258 Box 5037 1 William L. Jones Drive Cookeville, TN 38505 Phone: 931-372-6062 gholt@tntech.edu 1.5 Assistance to Proposers with a Disability A Proposer with a disability may receive accommodation relating to communicating this RFP and participating in this RFP process. A Proposer may contact the RFP Coordinator to request reasonable accommodation no later than the Disability Accommodation Request Deadline in the RFP Section 2, Schedule of Events. 1.6 RFP Communications 1.6.1 Unauthorized contact regarding this RFP with employees or officials of Tennessee Tech other than the RFP Coordinator named below may result in disqualification from this procurement process. Interested Parties must direct all communications regarding this RFP to the following RFP Coordinator, who is Tennessee Tech’s only official point of contact for this RFP. Donna Wallis Director, Purchasing and Contracts Tennessee Tech University 1 William L. Jones Drive, Suite 301 Box 5144 Cookeville, TN 38505 Phone: (931) 372-3492 Fax: (931) 372-3727 dwallis@tntech.edu mailto:dwallis@tntech.edu 5 1.6.2 Tennessee Tech has assigned the following RFP identification that must be referenced in all communications regarding the RFP: RFP – RESEARCH ADMINISTRATION SOFTWARE 1.6.3 Any oral communications are considered unofficial and non-binding with regard to this RFP. Only Tennessee Tech’s official responses and communications, as defined in Section 1.6.7 below, shall be considered binding with regard to this RFP. Tennessee Tech’s official responses and other official communications pursuant to this RFP shall constitute an amendment of this RFP. 1.6.4 The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Written Comments Deadline in the RFP Section 2, Schedule of Events. 1.6.5 Each Proposer shall assume the risk of the method of dispatching any communication or proposal to Tennessee Tech. Tennessee Tech assumes no responsibility for delays or delivery failures resulting from the method of dispatch. Actual or digital “postmarking” of a communication or proposal to Tennessee Tech by the specified deadline date shall not substitute for actual receipt of a communication or proposal by Tennessee Tech. 1.6.6 Tennessee Tech reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. 1.6.7 Tennessee Tech will convey all official responses and pursuant to this RFP via Internet posting at https://www.tntech.edu/purchasing/bidopportunities.php. It is the proposers’ responsibility to monitor this website for additional information regarding the RFP and to submit a response with the most current information issued by Tennessee Tech. 1.6.8 Any data or information provided by Tennessee Tech (in this RFP, an RFP Amendment or any other communication relating to this RFP) is for informational purposes only. Tennessee Tech will make reasonable efforts to ensure the accuracy of such data or information; however, it is the Proposer’s obligation to independently verify any data or information provided by Tennessee Tech. Tennessee Tech expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Proposers. 1.7 Proposal Deadline Proposals must be received in Tennessee Tech’s Purchasing Office no later than the Proposal Deadline time and date detailed in the RFP Section 2, Schedule of Events. A proposal must respond to the written RFP and any RFP exhibits, attachments, or amendments. A late proposal shall not be accepted, and a Proposer's failure to submit a proposal before the deadline shall cause the proposal to be disqualified. It is the responsibility of the Proposer to ascertain any additional requirements with respect to packaging and delivery to Tennessee Tech. Proposers should be mindful of any potential delays whether foreseeable or unforeseeable. 1.8 Written Questions/Answer Period A question and answer period deadline is in the RFP Section 2, Schedule of Events. The purpose of the written question/answer period is to allow Proposers to submit any questions they may have concerning the scope of services requested. To ensure accurate, consistent responses to all known potential Proposers, Tennessee Tech will issue the official response to questions as described in RFP Sections 1.6, et seq., above and on the date in the RFP Section 2, Schedule of Events. https://www.tntech.edu/purchasing/bid 6 1.9 Coverage and Participation Tennessee Tech is issuing this RFP on behalf of all State of Tennessee higher education institutions and agencies, Tennessee Board of Regents System Institutions and University of Tennessee System Institutions that desire to purchase under the resulting Agreement. The Proposer may elect to extend the contract to any or all of these institutions by providing a written acknowledgement of such extension in its proposal. 7 2 RFP SCHEDULE OF EVENTS The following Schedule of Events represents Tennessee Tech's best estimate of the schedule that will be followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m. and 4:30 p.m., Central Time. RFP SCHEDULE OF EVENTS NOTICE: Tennessee Tech reserves the right, at its sole discretion, to adjust this schedule, as it deems necessary. Tennessee Tech will communicate any adjustment to the Schedule of Events to the potential Proposers. EVENT TIME DATE (all dates are Tennessee Tech business days) 1. Tennessee Tech Issues RFP February 16, 2023 2. Disability Accommodation Request Deadline Noon March 2, 2023 3. Written Questions / Comments Deadline Noon March 2, 2023 4. Tennessee Tech Responds to Written Questions 4:30pm March 7, 2023 5. Proposal Deadline & Opening of Technical Proposals 3:00pm March 21, 2023 6. Proposer Finalist Presentations (if required) April 5 – April 11, 2023 7. Tennessee Tech Completes Technical Proposal Evaluations April 18, 2023 8. Tennessee Tech Opens Cost Proposals and Calculates Scores April 19, 2023 9. Tennessee Tech Issues Intent to Award Letter and Opens RFP Files for Public Inspection April 25, 2023 10. Award of Contract May 2, 2023 11. Contract Effective Date May 3, 2023 3 PROPOSAL REQUIREMENTS Each Proposer must submit a proposal in response to this RFP with the most favorable terms that the Proposer can offer. Tennessee Tech reserves the right to further clarify and request amended proposals and/or to negotiate with the best evaluated Proposer subsequent to award recommendation but prior to contract execution if deemed necessary by Tennessee Tech. Any amendment or negotiation shall be within the scope of the original procurement. Tennessee Tech may initiate negotiations that serve to alter the bid/proposal in a way favorable to Tennessee Tech. For example, prices may be reduced, time requirements may be revised, etc. In no event shall negotiations increase the cost or amend the proposal such that the apparent successful Proposer no longer offers the best proposal. 3.1 Proposal Form and Delivery 3.1.1 Each response to this RFP must consist of a Technical Proposal and a Cost Proposal (as described below). 3.1.2 Each Proposer must submit one (1) original (with signature), and one (1) electronic* copy of the Technical Proposal to Tennessee Tech in a sealed package that is clearly marked: “Technical Proposal in Response to RFP – RESEARCH ADMINISTRATION SOFTWARE” *Electronic copy is to be submitted on a flash drive with the Technical Proposal submission. 3.1.3 Each Proposer must submit one (1) original (with signature), and one (1) electronic* copy of the Cost Proposal to Tennessee Tech in a separate, sealed package that is clearly marked: “Cost Proposal in Response to RFP – RESEARCH ADMINISTRATION SOFTWARE” *Electronic copy is to be submitted on a separate flash drive with the Cost Proposal submission. 3.1.4 If a Proposer encloses the separately sealed proposals (as detailed above) in a larger package for mailing, the Proposer must clearly mark the outermost package: “Contains Separately Sealed Technical and Cost Proposals for RFP – RESEARCH ADMINISTRATION SOFTWARE” 3.1.5 Tennessee Tech’s Purchasing and Contracts Office must receive all proposals in response to this RFP, at the address identified in Section 1.6.1, no later than the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. Late proposals will not be considered and will remain unopened and filed in the RFP file. 3.1.6 A proposal must be typewritten or hand-written in ink. A Proposer may not deliver a proposal orally or solely by means of electronic transmission. 3.2 Technical Proposal 3.2.1 The RFP Attachment 6.5, Technical Proposal and Evaluation Guide details specific requirements for a Technical Proposal in response to this RFP. This guide includes mandatory and general requirements as well as technical queries requiring a written response. NOTICE: NO COST OR PRICING INFORMATION SHALL BE INCLUDED IN THE TECHNICAL PROPOSAL. THIS INCLUDES REFERENCES TO ITEMS THAT ARE INCLUDED “FREE” OR “AT NO ADDITIONAL COST”, ETC. INCLUSION OF COST OR PRICING INFORMATION IN THE TECHNICAL PROPOSAL MAY MAKE THE PROPOSAL NON-RESPONSIVE, AND TENNESSEE TECH MAY REJECT IT AT ITS SOLE DISCRETION. 3.2.2 Each Proposer must use the Technical Proposal and Evaluation Guide to organize, reference, and draft the Technical Proposal. Each Proposer must duplicate the Technical Proposal and Evaluation Guide and use it as a table of contents covering the Technical Proposal, adding proposal page numbers as appropriate. 9 3.2.3 Each proposal should be concisely prepared, with emphasis on completeness and clarity of content. A proposal, as well as any reference material presented, must be written in English and must be written on standard 8 1/2" x 11" paper (although foldouts containing charts, spreadsheets, and oversize exhibits are permissible). All proposal pages must be numbered. 3.2.4 All information included in a Technical Proposal should be relevant to a specific requirement detailed in the Technical Proposal and Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will in no way contribute to the evaluation process. 3.2.5 Tennessee Tech may determine a proposal to be non-responsive and reject it if the Proposer fails to organize and properly reference sections of the Technical Proposal as required by this RFP and the Technical Proposal and Evaluation. 3.2.6 Tennessee Tech may determine a proposal to be non-responsive and reject it if the Technical Proposal document fails to appropriately address/meet all of the requirements detailed in the Technical Proposal and Evaluation Guide 3.2.7 The Proposer must sign and date the Technical Proposal. Digital signatures are acceptable as the original signature; facsimile or scanned signatures are also acceptable. Failure to submit one (1) original with a signature will be cause for rejection of the proposal. 3.2.8 In the event of a discrepancy between the original Technical Proposal and the digital copy, the original, signed document will take precedence. 3.2.9 Tennessee Tech may request Proposers give an oral presentation of their solution. 3.3 Cost Proposal 3.3.1 The Cost Proposal must be submitted to Tennessee Tech in a sealed package separate from the Technical proposal. 3.3.2 The Cost Proposal must be recorded on an exact duplicate of the RFP Attachment 6.6, Cost Proposal and Scoring Guide. Additional pages may be used as necessary to provide cost information. 3.3.3 Each Proposer shall ONLY record the proposed cost exactly as required by the Cost Proposal and Evaluation Guide and shall NOT record any other rates, amounts, or information. 3.3.4 The Proposer must sign and date the original Cost Proposal. Digital signatures are acceptable as the original signature; facsimile or scanned signatures are also acceptable. Failure to submit one (1) original with a signature will be cause for rejection of the proposal. 3.3.5 In the event of a discrepancy between the original Cost Proposal and the digital copy, the original, signed document will take precedence. 3.3.6 If a Proposer fails to submit a Cost Proposal as required, Tennessee Tech shall determine the proposal to be non-responsive and reject it. 10 4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION 4.1 Proposer Required Review and Waiver of Objections Each Proposer must carefully review this RFP and all attachments, including but not limited to defects, objections, or any other matter requiring clarification or correction. All such questions/comments must be made in writing and received by Tennessee Tech no later than the Written Questions / Comments Deadline in the RFP Section 2, Schedule of Events. Protests based on any objection shall be considered waived and invalid if these comments/objections have not been brought to the attention of Tennessee Tech as directed above. Any proposed alternatives, revisions or additions to the Pro Forma Contract (Attachment 6.2) must be made in writing. Should the Proposer fail to include proposed alternatives, revisions or additions to the Pro Forma by the Written Comments deadline and/or in its Technical Proposal, such alternatives, revisions or additions will not be considered. A Proposal that limits or changes any of the terms or conditions contained in the Pro Forma Contract may be considered non- responsive. 4.2 RFP Amendment and Cancellation Tennessee Tech reserves the unilateral right to amend this RFP in writing at any time. If an RFP amendment is issued, Tennessee Tech will convey such amendment via Internet posting at https://www.tntech.edu/purchasing/bidopportunities.php. Each proposal submitted must respond to the final written RFP and any exhibits, attachments, and amendments. Tennessee Tech reserves the right, at its sole discretion, to cancel and reissue this RFP or to cancel this RFP in its entirety in accordance with applicable laws and regulations. 4.3 Proposal Prohibitions and Right of Rejection 4.3.1 Tennessee Tech reserves the right, at its sole discretion, to reject any and all proposals in accordance with applicable laws and regulations. 4.3.2 Each proposal must comply with all of the terms of this RFP and all applicable state laws and regulations. Tennessee Tech may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RFP. Tennessee Tech may consider any proposal that does not meet the requirements of this RFP to be non-responsive, and Tennessee Tech may reject such a proposal. 4.3.3 A proposal of alternate services (i.e., a proposal that offers services different from those requested by this RFP) shall be considered non-responsive and rejected. 4.3.4 A Proposer may not restrict the rights of Tennessee Tech or otherwise qualify a proposal. Tennessee Tech may determine such a proposal to be a non-responsive counteroffer, and the proposal may be rejected. 4.3.5 A Proposer shall not submit multiple proposals in different capacities. This prohibited action shall be defined as a Proposer submitting one proposal as a prime contractor and permitting a second Proposer to submit another proposal with the first Proposer offered as a subcontractor. This restriction does not prohibit different Proposers from offering the same subcontractor as a part of their proposals, provided that the subcontractor does not also submit a proposal as a prime contractor. Submitting multiple proposals in different capacities may result in the disqualification of all Proposers knowingly involved. https://www.tntech.edu/purchasing/bidopportunities 11 4.3.6 Tennessee Tech shall reject a proposal if the Cost Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Proposer. Regardless of the time of detection, Tennessee Tech shall consider any of the foregoing prohibited actions to be grounds for proposal rejection or contract termination. 4.3.7 Tennessee Tech shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP: 4.3.7.1 an individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid; 4.3.7.2 a contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and 4.3.7.3 a contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest. 4.3.8 Tennessee Tech reserves the right, at its sole discretion, to waive a proposal’s variances from full compliance with this RFP. If Tennessee Tech waives minor variances in a proposal, such waiver shall not modify the RFP requirements or excuse the Proposer from full compliance with the RFP. 4.4 Incorrect Proposal Information If Tennessee Tech determines that a Proposer has provided, for consideration in this RFP process or subsequent contract negotiations, incorrect information that the Proposer knew or should have known was materially incorrect, that proposal shall be determined non-responsive and shall be rejected. 4.5 Iran Divestment Act By submission of this Proposal, Proposer and each person signing on behalf of Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each Proposer is not on the list created pursuant to Tennessee Code Annotated § 12-12-106. For reference purposes, the list is current available online at http://www.tn.gov/generalservices/article/Public-Information-library 4.6 Proposal of Additional Services If a proposer offers related services in addition to those required by and described in this RFP, the additional services may be added to the Contract before contract signing at the sole discretion of Tennessee Tech. Proposers must provide a detailed description of each related product and/or service offered in addition to those specified in this RFP to be considered for inclusion in the contract as a separate attachment. Costs associated with additional related services must be provided on a separate attachment in the Cost Proposal. Please note that proposed additional services will not be used in evaluating the proposal. 4.7 Assignment & Subcontracting 4.7.1 The Contractor may not subcontract, transfer, or assign any portion of the Contract without prior approval of Tennessee Tech. Tennessee Tech reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment. 4.7.2 If a Proposer intends to use subcontractors, the Technical Proposal must specifically identify the scope and portions of the work each subcontractor will perform. http://www.tn.gov/generalservices/article/Public-Information-library 12 4.7.3 Subcontractors identified within the Technical Proposal will be deemed as approved by Tennessee Tech unless Tennessee Tech expressly disapproves one or more of the proposed subcontractors prior to signing the Contract. 4.7.4 After contract award, a Contractor may only substitute an approved subcontractor at the discretion of Tennessee Tech and with Tennessee Tech’s prior, written approval. 4.7.5 Notwithstanding any State approval relating to subcontracts, the Proposer awarded a contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract. 4.8 Right to Refuse Personnel Tennessee Tech reserves the right to refuse, at its sole discretion and notwithstanding any prior approval, any personnel of the prime contractor or a subcontractor providing goods and/or services in Contract performance. Tennessee Tech will document in writing the reason(s) for any rejection of personnel. 4.9 Insurance 4.9.1 During the course of this Contract the Contractor will maintain, at its own expense, insurance in form and substance acceptable to Tennessee Tech. Insurance shall be written by insurance company(ies) licensed to operate in the State of Tennessee. The Contractor shall be required to provide acceptable proof of insurance naming Tennessee Tech as additional insured prior to execution of Contract. Current proof of insurance shall be provided to Tennessee Tech upon request by the Contractor. Failure to provide evidence of such insurance coverage is a material breach and grounds for termination of the Contract negotiations and/or Contract. 4.9.2 Contractor’s policy will provide for data security and privacy cyber coverage including coverage for unauthorized access and use, failure of security, breach of confidential information, of privacy perils and breach mitigation costs and costs, including but not limited to attorney’s costs, associated with compliance with any regulatory action. 4.9.3 It is understood and agreed that the required insurance provided hereunder shall be primary over any insurance of Tennessee Tech and that the Contractor’s interests are not covered whatsoever by Tennessee Tech. Tennessee Tech is subject to the provisions of the Tennessee Claims Commission Act, TCA 9-8-301, et seq. 4.9.4 The enumeration in the Contract or in this document of the kinds and amounts of liability insurance shall not abridge, diminish or affect the Contractor’s legal responsibilities for the consequences of accidents arising out of or resulting from the Contractor’s services under this Contract. 4.10 Department of Revenue Registration Before the Contract is signed, the apparent successful Proposer must be registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. Tennessee Tech shall not award a contract unless the Proposer provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this RFP. Information regarding registration is available at https://revenue.support.tn.gov/hc/en- us/articles/203555049-I-am-a-vendor-doing-business-with-the-State-of-Tennessee-I-was-told-I-need- to-provide-a-certificate-of-registration-or-proof-of-sales-tax-exemption-What-do-I-do-. https://revenue.support.tn.gov/hc/en-us/articles/203555049-I-am-a-vendor-doing-business-with-the-State-of-Tennessee-I-was-told-I-need-to-provide-a-certificate-of-registration-or-proof-of-sales-tax-exemption-What-do-I-do- https://revenue.support.tn.gov/hc/en-us/articles/203555049-I-am-a-vendor-doing-business-with-the-State-of-Tennessee-I-was-told-I-need-to-provide-a-certificate-of-registration-or-proof-of-sales-tax-exemption-What-do-I-do- https://revenue.support.tn.gov/hc/en-us/articles/203555049-I-am-a-vendor-doing-business-with-the-State-of-Tennessee-I-was-told-I-need-to-provide-a-certificate-of-registration-or-proof-of-sales-tax-exemption-What-do-I-do- 13 4.11 Financial Stability The successful Proposer may be required to provide information to Tennessee Tech to demonstrate financial stability and capability prior to award of contract. 4.12 Proposal Withdrawal A Proposer may withdraw a submitted proposal at any time up to the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. To do so, a Proposer must submit a written request, signed by a Proposer’s authorized representative to withdraw a proposal. After withdrawing a previously submitted proposal, a Proposer may submit another proposal at any time up to the Proposal Deadline. 4.13 Proposal Errors and Amendments At the option of Tennessee Tech, a Proposer may be bound by all proposal errors or omissions. A Proposer will not be allowed to alter or amend proposal documents after the Proposal Deadline time and date in the RFP Section 2, Schedule of Events unless formally requested, in writing, by Tennessee Tech. 4.14 Proposal Preparation Costs Tennessee Tech will not pay any costs associated with the preparation, submittal, or presentation of any proposal. 4.15 Continued Validity of Proposals All Proposals shall state that the offer contained therein is valid for a minimum of one hundred twenty (120) days from the date of opening. This assures that Proposers’ offers are valid for a period of time sufficient for thorough consideration. Proposals that do not so state will be presumed valid for one hundred twenty (120) days from the date of opening. 4.16 Disclosure of Proposal Contents 4.16.1 Each proposal and all materials submitted to Tennessee Tech in response to this RFP shall become the property of Tennessee Tech. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed financial information, shall be held in confidence during the evaluation process. 4.16.2 Upon the completion of the evaluation of proposals, indicated by public release of a Letter of Intent to Award, the proposals and associated materials shall be open for review by the public in accordance with Tennessee law. By submitting a proposal, the Proposer acknowledges and accepts that the proposal contents and associated documents shall become open to public inspection. This provision cannot be waived. 4.16.3 If an RFP is re-advertised, all prior offers and/or proposals shall remain closed to inspection by the Proposers and/or public until evaluation of the responses to the re-advertisement is complete. 4.17 Contract Approval The RFP and the Contractor selection processes do not obligate Tennessee Tech and do not create rights, interests, or claims of entitlement by either the Proposer with the apparent best-evaluated proposal or any other Proposer. Contract award and Tennessee Tech obligations pursuant thereto shall commence only after the contract is signed by the Contractor and all other Tennessee Tech/State officials as required by state laws and regulations. 4.18 Contractor Performance The Contractor who is awarded a contract will be responsible for the satisfactory completion of all 14 services set out in this RFP (including attachments) as may be amended. Tennessee Tech will employ all reasonable means to ensure that services rendered comply with the Contract, and the Contractor must cooperate with such efforts. 4.19 Contract Amendment After contract award, Tennessee Tech may request the Contractor to perform additional services within the general scope of the contract and this RFP, but beyond the specified scope of service, and for which the Contractor may be compensated. In such instances, Tennessee Tech will provide the Contractor a written description of the additional services. The Contractor must respond to Tennessee Tech with a time schedule for accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If Tennessee Tech and the Contractor reach an agreement regarding the services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional services must be signed by both Tennessee Tech and the Contractor and must be approved by other state officials as required by applicable statutes, rules, policies and procedures of the State of Tennessee. The Contractor must not render additional services until Tennessee Tech has issued a written contract amendment with all required approvals. 4.20 Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of Tennessee Tech and Proposers will be construed and enforced as if the RFP did not contain the particular provision held to be invalid. 4.21 Next Ranked Proposer Tennessee Tech reserves the right to initiate negotiations with the next ranked Proposer should Tennessee Tech cease doing business with any Proposer selected via this RFP process. 4.22 Contractor Registration All Proposers should complete the vendor registration process with Tennessee Tech and become a registered vendor, if they are not already registered. When applicable, Tennessee Tech shall work with Proposers and the Governor’s Office of Diversity Business Enterprise (Go-DBE) for Proposers to obtain official state certification. Although registration with Tennessee Tech is not required to make a proposal, a resulting contract from this RFP process cannot be finalized without the successful proposer being registered with Tennessee Tech. Refer to the following Internet URL to begin the registration process: https://www.tbr.edu/purchasing/how-do-business-tbr 4.23 Policy and Guideline Compliance This proposal request and any award made hereunder are subject to the policies and guidelines of Tennessee Tech. 4.24 Protest Procedures Refer to the following Internet URL to obtain Tennessee Tech’s bid protest procedures: https://policies.tbr.edu/guidelines/purchasing-guideline#Protested-Bids https://www.tbr.edu/purchasing/how-do-business-tbr https://policies.tbr.edu/guidelines/purchasing-guideline#Protested-Bids 15 A Protest shall be considered waived if the subject matter of the Protest was known or should have been known to the Protester before the Written Comments Deadline and the Protester did not raise the issue in a Written Comment. 5 PROPOSAL EVALUATION & CONTRACT AWARD 5.1 Evaluation Categories and Maximum Points Tennessee Tech will consider qualifications and experience, technical approach, and cost in the evaluation of proposals and award points in each of the categories detailed below (up to the maximum evaluation points indicated) to each Proposal deemed by Tennessee Tech to be responsive. CATEGORY MAXIMUM POINTS POSSIBLE Qualifications and Experience 25 Technical Approach 45 Cost Proposal 30 5.2 Evaluation Process The evaluation process is designed to award the Contract not necessarily to the Proposer offering the lowest cost, but rather to the Proposer deemed by Tennessee Tech to be responsive and responsible who offers the best combination of attributes based upon the evaluation criteria. 5.2.1 Technical Proposal Evaluation The RFP Coordinator will use the RFP Attachment 6.5, Technical Proposal and Evaluation Guide to manage the Technical Proposal Evaluation and maintain evaluation records. 5.2.1.1 The RFP Coordinator will review each Technical Proposal to determine compliance with mandatory requirements (refer to RFP Attachment 6.5, Technical Proposal and Evaluation Guide, Technical Proposal Section A). If the RFP Coordinator determines that a proposal may have failed to meet one or more of the mandatory requirements, the Chief Procurement Officer will review the proposal and document his/her determination of whether: (1) the proposal meets requirements for further evaluation; (2) Tennessee Tech will request clarifications; or (3) Tennessee Tech will determine the proposal to be non-responsive to the RFP and reject it. A determination that a proposal is non-responsive must be approved by the Chief Business Officer before notice may be sent out that the proposal has been rejected. 5.2.1.2 A Proposal Evaluation Team, appropriate to the scope and nature of the RFP, will evaluate each Technical Proposal that appears responsive to the RFP. 5.2.1.3 Each Proposal Evaluation Team member will independently evaluate each proposal against the evaluation criteria in this RFP, rather than against other proposals, and will score each in accordance with the RFP Attachment 6.5, Technical Proposal and Evaluation Guide. 5.2.1.4 During the Technical Proposal evaluation, Tennessee Tech may identify approximately 3-5 finalists, who will continue through the remaining phases of the process. Cost Proposals from Proposers not considered finalists will not be opened or considered for award. 16 5.2.1.5 Tennessee Tech reserves the right, at its sole discretion, to request Proposer clarification of a Technical Proposal or to conduct clarification discussions with any or all Proposers. Any such clarification or discussion shall be limited to specific sections of the proposal identified by Tennessee Tech. The Proposer shall put any resulting clarification in writing as may be required by Tennessee Tech. 5.2.2 Finalist Presentation During the Technical Proposal evaluation process, Tennessee Tech may require each finalist to make a presentation of its Technical Proposal. The presentation will enable the proposers to present their Technical Proposal and field questions from the evaluators. Presentations will be part of the final Technical Proposal score. 5.2.3 Cost Proposal Evaluation After the Technical Proposal evaluation has been completed, the RFP Coordinator will open the Cost Proposals and use the RFP Attachment 6.6, Cost Proposal and Scoring Guide to calculate and document the Cost Proposal scores. 5.2.4 Total Proposal Score The RFP Coordinator will calculate the sum of the Technical Proposal scores and the Cost Proposal scores and record the resulting number as the total score for the subject Proposal. 5.3 Contract Award Process 5.3.1 The RFP Coordinator will forward the results of the proposal evaluation process to the appropriate Tennessee Tech official who will consider the proposal evaluation process results and all pertinent information available to make a determination about the contract award. Tennessee Tech reserves the right to make an award without further discussion of any proposal. Notwithstanding the foregoing, to effect a contract award to a Proposer other than the one receiving the highest evaluation score, the requesting department/party must provide written justification for such an award and obtain the written approval of the appropriate Tennessee Tech official. 5.3.2 After the appropriate official’s determination, Tennessee Tech will issue an Intent to Award to identify the apparent best-evaluated proposal as in the RFP Section 2, Schedule of Events. NOTICE: The Intent to Award shall not create rights, interests, or claims of entitlement in either the Proposer with apparent best-evaluated proposal or any other Proposer. 5.3.3 Tennessee Tech will also make the RFP files available for public inspection as in the RFP Section 2, Schedule of Events. 5.3.4 The Proposer with the apparent best-evaluated proposal must agree to and sign a contract with Tennessee Tech that shall be substantially the same as the RFP Attachment 6.2, Pro Forma Contract. However, Tennessee Tech reserves the right, at its sole discretion, to add terms and conditions or to revise Pro Forma Contract requirements in Tennessee Tech’s best interests subsequent to this RFP process. No such terms and conditions or revision of contract requirements shall materially affect the basis of proposal evaluations or negatively impact the competitive nature of the RFP process. 5.3.5 The Proposer with the apparent best-evaluated proposal should sign and return the Contract written by Tennessee Tech pursuant to this RFP no later than the Award of Contract Date in the RFP Section 2, Schedule of Events. If the Proposer fails to provide the signed Contract by the deadline, Tennessee Tech may determine that the Proposer is non-responsive to the terms of this RFP and reject the proposal. 17 5.3.6 If Tennessee Tech determines that the apparent best-evaluated proposal is non-responsive and rejects the proposal, the RFP Coordinator may re-calculate scores for each responsive Cost Proposal to determine the new, apparent best-evaluated proposal. 18 ATTACHMENT 6.1 CONTRACTOR REQUIREMENTS FORM In order to comply with statutory requirements and/or regulations, Tennessee Tech requires contractors to provide following information prior to the issuance of the contract. Please complete all information and sign as directed. I. Ownership Information 1. Contractor Legal Entity Name (Name used for tax filing purposes): ________________________________________________ 2. Is Contractor a permanent resident or citizen of the US? Yes No (If no, state country of citizenship): (Note: Contractors who are individuals and are not US citizens must complete a Foreign National Data Form prior to execution of contract.) 3. Kind of Ownership (Check all that apply):: Government (GO) Non-Profit (NO) Majority (MJ) Minority (MO)* Woman (WO)* Small (SB)* State of TN Agency Service-Disabled Veteran (SV)* Certified Disabled (DB)* *See reverse side of form for clarification of these categories. 4. Minority / Ethnicity Code (Check one): African American (MA) Native American (MN) Hispanic American (MH) Asian American (MS) 5. Preference for reporting purposes: (Note: If Contractor qualifies in multiple categories as small, woman-owned and/or minority, Contractor is to specify in which category he/she is to be considered for reporting and classification purposes.) Check one only Small Minority-Owned Woman-Owned Service-Disabled Veteran Certified Disabled 6. Certification: I certify that all of the information as completed above is accurate and true. (Signature required below.) Signed: ______________________________________________________________ Date: __________________________ Name (Printed): ____________________________________Title: ________________________________________________ II. Sales and Use Tax. As a contractual requirement under Tennessee law, vendors who contract with the state of Tennessee must be registered to collect sales tax if they make sales that are subject to the Tennessee sales and use tax. If you are already registered to collect Tennessee sales and use tax, please provide your registration number: _________________________________ (Note: This number is NOT your federal ID number.) If you are not registered, please go to Tennessee Taxpayer Access Point (TNTAP) and under the header “Look Up Information & Requests”, select TN Vendor Contract Registration. This will open a survey designed to evaluate whether you must register for sales and use tax. Based on your responses, you will be directed to either register or will be provided with a letter of exemption from sales tax collection. Please provide a copy of the exemption letter or evidence of registration to Tennessee Tech to satisfy this contractual requirement. https://tntap.tn.gov/eservices/_/ https://tntap.tn.gov/eservices/_/ 19 Minority Owned (MO) means a business that is a continuing, independent, for profit business which performs a commercially useful function and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority individuals who are impeded from normal entry into the economic mainstream because of past practices of discrimination based on race or ethnic background. “Minority” means a person who is a citizen or lawful permanent resident of the United States and who is: a) African American (a person having origins in any of the black racial groups of Africa); b) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or d) Native American (a person having origins in any of the original peoples of North America). Woman-Owned (WO) means a business that is a continuing, independent, for profit business which performs a commercially useful function and is at least fifty-one percent (51%) owned and controlled by one (1) or more women; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more women and whose management and daily business operations are under the control of one (1) or more women. Small Business (SB) means a business that is independently owned and operated for profit, is not dominant in its field of operation and is not an affiliate or subsidiary of a business dominant in its field of operation. The Governor’s Office of Diversity Business Enterprise establishes small business guidelines on industry size standards. The criteria guidelines are required to be met in order for a business to be considered small. The annual receipts or number of employees indicates the maximum allowed for a small business concern and its affiliates to be considered small. TYPE OF BUSINESS ANNUAL GROSS SALES NO. OF EMPLOYEES Agriculture, Forestry, Fishing $500,000 9 Architectural / Design / Engineering $2,000,000 30 Construction $2,000,000 30 Educational $1,000,000 9 Finance, Insurance & Real Estate $1,000,000 9 Information Systems / Technology $2,000,000 30 Manufacturing $2,000,000 99 Marketing / Communications / Public Relations $2,000,000 30 Medical / Healthcare $2,000,000 30 Mining $1,000,000 49 Retail Trade $750,000 9 Service Industry $500,000 9 Transportation, Commerce & Utilities $1,000,000 9 Wholesale Trade $1,000,000 19 Service-Disabled Veteran Business Enterprise (SDVBE) means any person who served honorably on active duty in the Armed Forces of the United States with at least a twenty percent (20%) disability that is service-connected, meaning that such disability was incurred or aggravated in the line of duty in the active military, naval or air service. “Tennessee Service disabled Veteran Owned Business” means a service-disabled veteran owned business that is a continuing, independent, for-profit business located in the state of Tennessee that performs a commercially useful function, and that: a) Is at least fifty-one percent (51%) owned and controlled by one (1) or more service-disabled owned veterans; b) In the case of a business solely owned by one (1) service-disabled veteran and such person’s spouse, is at least fifty percent (50%) owned and controlled by the service-disabled veteran; or c) In the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more service-disabled veterans and whose management and daily business operations are under the control of one (1) or more service-disabled veterans. Certified Disabled-Owned (DB) means a business owned by a “person with a disability” that is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more persons with a disability; or, in the case of any publicly-owned business, at least fifty one percent (51%) of the stock of which is owned and controlled by one (1) or more persons with a disability and whose management and daily business operations are under the control of one (1) or more persons with a disability. "Person with a disability" means an individual who meets at least one (1) of the following: a) Has been diagnosed as having a physical or mental disability resulting in marked and severe functional limitations that is expected to last no less than twelve (12) months; b) Is eligible to receive social security disability insurance (SSDI); or c) Is eligible to receive supplemental security income (SSI) and has a disability as defined in subdivision a). 20 ATTACHMENT 6.2 PRO FORMA CONTRACT The Pro Forma Contract set forth in this Attachment contains some “blanks”, signified in brackets by words in all capital letters, describing material to be added, along with appropriate additional information, in the final contract resulting from this RFP. CONTRACT BETWEEN TENNESSEE TECHNOLOGICAL UNIVERSITY AND [CONTRACTOR NAME] This Contract, by and between Tennessee Technological University, hereinafter referred to as “Tennessee Tech” and [CONTRACTOR LEGAL ENTITY NAME], hereinafter referred to as the “Contractor,” is for a hosted platform that will assist in conducting sponsored projects and administration in an integrated and automated environment, as further described herein. The Contractor is [AN INDIVIDUAL / A FOR-PROFIT CORPORATION / A NONPROFIT CORPORATION / A SPECIAL PURPOSE CORPORATION OR ASSOCIATION / A FRATERNAL OR PATRIOTIC ORGANIZATION / A PARTNERSHIP / A JOINT VENTURE / A LIMITED LIABILITY COMPANY]. The Contractor’s address is: [ADDRESS] The Contractor’s place of incorporation or organization is [STATE OF ORGANIZATION]. A. SCOPE OF SERVICES: A.1 To provide Tennessee Tech with a hosted platform that will assist in conducting sponsored projects and administration in an integrated and automated environment, and that will encompass pre-award and post- award processes. A.2 Contractor shall also provide ongoing support and maintenance in the years subsequent to initial implementation. B. CONTRACT TERM: B.1 Contract Term. This Contract shall be effective for the period commencing on [DATE] and ending on [DATE]. Tennessee Tech shall have no obligation for services rendered by the Contractor which are not performed within the specified period. B.2 Term Extension. Tennessee Tech reserves the right to extend this Contract for an additional period or periods of time, with mutual consent of the Parties, for a total contract term of no more than five (5) years. C. PAYMENT TERMS AND CONDITIONS: C.1 Maximum Liability. In no event shall the maximum liability of Tennessee Tech under this Contract exceed [WRITTEN DOLLAR AMOUNT] [$NUMBER AMOUNT]. The Service Rates in Section C.3 include, but are not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred or to be incurred by the Contractor. The maximum liability represents available funds for payment to the Contractor and does not guarantee payment of any such funds to the Contractor under this Contract unless Tennessee Tech requests work and the Contractor performs the work. 21 C.2 Compensation Firm. The Service Rates and the Maximum Liability of Tennessee Tech under this Contract are firm for the duration of the Contract and are not subject to escalation for any reason unless this Contract is amended. C.3 Payment Methodology. The Contractor shall be compensated based on the Service Rates herein for units of service authorized by Tennessee Tech in a total amount not to exceed the Contract Maximum Liability established in Section C.1. The Contractor’s compensation shall be contingent upon the satisfactory completion of units of service or project milestones. [SERVICE RATE OR MILESTONE] [COST] The Contractor shall submit invoices, in form and substance acceptable to Tennessee Tech with all of the necessary supporting documentation, prior to any payment. Such invoices shall be submitted for completed units of service or project milestones for the amount stipulated. C.4. Payment of Invoice. The payment of an invoice by Tennessee Tech shall not prejudice Tennessee Tech's right to object to or question any invoice or matter in relation thereto. Such payment by Tennessee Tech shall neither be construed as acceptance of any part of the work or service provided nor as an approval of any of the amounts invoiced therein. C.5. Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any invoice or payment theretofore made which are determined by Tennessee Tech, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute proper remuneration for compensable services. C.6. Deductions. Tennessee Tech reserves the right to deduct from amounts that are or shall become due and payable to the Contractor under this or any Contract between the Contractor and Tennessee Tech any amounts that are or shall become due and payable to Tennessee Tech by the Contractor. D. CONTRACTOR RESPONSIBILITIES: Contractor responsibilities are detailed on Attachment 6.4. E. TERMS AND CONDITIONS: E.1 Authorized Signatories and Counterparts. Tennessee Tech is not bound by this Contract until it is executed by Tennessee Tech’s authorized official(s). If applicable, Contractor represents s/he is authorized to enter into this Contract on behalf of the entity named in the Contract. The parties agree that the Contract may be executed in counterparts and signed electronically and transmitted electronically. E.2 Modification and Amendment. This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials. E.3 Contractor Requirements Form. This Contract shall not be executed until the Contractor has completed the Contractor Requirements Form. 22 E.4 Termination for Convenience. Tennessee Tech may terminate this Contract without cause for any reason. Termination under this Section E. 4 shall not be deemed a Breach of Contract by Tennessee Tech. Tennessee Tech shall give the Contractor at least thirty (30) days written notice before the effective termination date. The Contractor shall be entitled to receive compensation for approved services as of the termination date. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount. E.5 Termination for Cause. It shall be the responsibility of the Contractor to perform its contractual duties on an ongoing basis as specified in the Contract. Failure to do so is considered a breach of contract. If Tennessee Tech feels that the Contractor is not performing its obligations at a satisfactory level, Tennessee Tech will notify the Contractor of its concerns in writing. With the notification, Tennessee Tech shall identify areas of improvement and will specify a time within which the Contractor shall cure such breach of contract. Should satisfactory improvement not be made, at the sole discretion of Tennessee Tech, Tennessee Tech shall have the right to terminate the contract with 30 days’ notice. Notwithstanding the above, the Contractor shall not be relieved of liability to Tennessee Tech for damages sustained by virtue of any breach of this Contract by the Contractor. E.6 Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the goods and/or services performed under this Contract without obtaining the prior written approval of Tennessee Tech. If such subcontracts are approved by Tennessee Tech, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of Interest" and "Nondiscrimination". Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work performed. E.7 Conflicts of Interest. Contractor certifies its compliance with applicable Federal and State laws, rules and regulations and Tennessee Tech policies with respect to Conflict of Interest, including, but not limited to the following: a) Pursuant to T.C.A. § 12-4-103, Contractor acknowledges that it is unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state; b) Pursuant to TTU Policy 132, Conflict of Interest, Tennessee Tech prohibits purchases of merchandise, equipment, materials or similar commodities from a Tennessee Tech employee’s business or from a family member’s business. Family member, as defined by the policy, means a spouse or child dependent or non-dependent of Tennessee Tech employee, unless otherwise defined by statute. c) Pursuant to TTU Policy 132, Conflict of Interest, Tennessee Tech prohibits service contracts with an individual who is, or within the past six months has been a state employee. Contracts with the employee’s spouse, a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with said individual. E.8 Nondiscrimination No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by federal, or Tennessee constitutional or state laws shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. E.9 Records. The State of Tennessee and Tennessee Tech shall be entitled to monitor this Contract to the 23 extent allowed by T.C.A. § 12-3-602, and Contractor shall maintain books and records related to this Contract for three (3) years from the date of final payment. E.10 Strict Performance. Failure by either party to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto. E.11 Independent Contractor. The Contractor is an independent contractor and not an agent of Tennessee Tech or the State of Tennessee whatsoever. E.12 Tennessee Tech Liability. Tennessee Tech shall have no liability except as specifically provided in this Contract. E.13 Force Majeure. Should an event (e.g., war, act of God, riot, natural disaster, epidemic, etc.) beyond a party’s reasonable control occur, that party will be excused from performing its obligations under this contract, provided the following provisions are met: (1) The affected party must promptly notify the other party of the occurrence of the event, its effect on performance, and how long that party expects it to last, and (2) the affected party shall update that information as reasonably necessary and use reasonable efforts to limit damage to the other party and to resume its performance under this agreement. E.14 Governing Law. This Contract shall be governed by the laws of the State of Tennessee without regard to its choice of law principles. Contractor shall comply with all applicable federal, state, and local laws and regulations and applicable Tennessee Tech policies and procedures. E.15 Severability. If any terms or conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Contract are declared severable. E.16 Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract. E.17 Communications and Contacts. Tennessee Tech: Milghen Ortiz-McMahan, Contract Specialist Tennessee Technological University Box 5144 1 William L. Jones Drive, Ste. 301 Cookeville, TN 38505 Phone: 931-372-3452 Fax: 931-372-3727 24 The Contractor: [NAME AND TITLE OF CONTRACTOR CONTACT PERSON] [CONTRACTOR NAME] [ADDRESS] [TELEPHONE NUMBER] [FACSIMILE NUMBER] All instructions, notices, consents, demands, or other communications shall be sent in a manner that verifies proof of delivery. All communications which relate to any changes to the Contract shall not be considered effective until agreed to, in writing, by both parties. E.18 Subject to Funds Availability. Pursuant to T.C.A. § 12-3-305(c)(2), Tennessee Tech may cancel this Contract at the end of any fiscal year without notice, in the event that funds to support this Contract become unavailable. E.19 Breach. A party shall be deemed to have breached the Contract if any of the following occurs. This list is not exclusive. — failure to perform in accordance with any term or provision of the Contract; — partial performance of any term or provision of the Contract; — any act prohibited or restricted by the Contract, or — violation of any warranty. E.20 Insurance. The Contractor shall maintain appropriate general liability and other forms/types of insurance as deemed appropriate by Tennessee Tech during the term of this Agreement and will provide proof of such insurance coverages upon the request of Tennessee Tech. Policies shall name Tennessee Tech as an additional insured. If any policy is cancelled prior to the policy expiration date, the Contractor, upon receiving a notice of cancellation, shall give immediate notice to Tennessee Tech. The enumeration in the Contract of the kinds and amounts of liability insurance shall not abridge, diminish or affect the Contractor’s legal responsibilities arising out of or resulting from the goods and/or services under this Contract. E.21 Contract Documents. Included in this Contract by reference are the following documents: a. This Contract document and its attachments; b. The Request for Proposal and its associated amendments; c. The Contractor’s Proposal dated ____________. In the event of a discrepancy or ambiguity regarding the interpretation of this Contract, these documents shall govern in order of precedence as listed above. E.22 Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractor’s relationship with Tennessee Tech hereunder in commercial advertising in such a manner as to state or imply that the Contractor or the Contractor's goods and/or services are endorsed. 25 E.23 Hold Harmless. Contractor agrees to indemnify and hold harmless Tennessee Tech as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, causes of action, and attorney fees which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of Contractor, its employees, or any person acting for or on its behalf. E.24 Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or state department or agency; b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or grant under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses listed in section b. of this certification; and d. have not within a three (3) year period preceding this Contract had one or more public transactions (Federal, State, or Local) terminated for cause or default. E.25 Prohibition on Hiring Illegal Immigrants. Pursuant to T.C.A. § 12-3-309(b), Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of this Contract. E.26 Sales and Use Tax. The Contractor shall be registered or have received an exemption from the Department of Revenue for the collection of Tennessee sales and use tax. This registration requirement is a material requirement of this Contract. The Contractor shall comply, and shall require any subcontractor to comply, with all laws and regulations governing the remittance of sales and use taxes on the sale of goods and services made by the Contractor, or the Contractor’s subcontractor. E.27 DATA PRIVACY AND SECURITY E.27.1 Definition of Personal Information. For the purposes of this section, "Personal Information" means information provided to Contractor by or at the direction of Tennessee Tech, or to which access was provided to Contractor by or at the direction of Tennessee Tech, in the course of Contractor's performance under this Agreement that: (i) identifies or can be used to identify an individual (including , without limitation , names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government- issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions and other personal identifiers. Where applicable, “Personal Information” may also mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. E.27.2 Protection of Personal Information 26 E.27.2.1 Personal Information Protected by HIPAA. To the extent required by federal law, the Parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d (“HIPAA”) and any current and future regulations promulgated thereunder, including without limitation, the federal privacy regulations, the federal security standards, and the federal standards for electronic transactions, all collectively referred to herein as “HIPAA Requirements.” The Parties agree not to use or further disclose any Protected Health Information or Individually Identifiable Health Information, other than as permitted by HIPAA Requirements and the terms of this Agreement. E.27.2.2 Personal Information Protected by FERPA. Contractor agrees that to the extent it receives any personally identifiable information or information that could lead to personally identifiable information about students, Contractor will protect the privacy of all student education records to the full extent required of Tennessee Tech under the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99). Because Contractor is performing an institutional service or function that has been outsourced by Tennessee Tech and for which Tennessee Tech would otherwise use its employees and is under the direct control of Tennessee Tech with respect to the use of the education records, as defined by FERPA, Contractor recognizes it is subject to all FERPA requirements governing the use and redisclosure of personally identifiable information from education records, including without limitation the requirements of 34 CFR §99.33(a). Furthermore, [ ] may not disclose or redisclose personally identifiable information unless Tennessee Tech has first authorized in writing such disclosure or redisclosure; will not use any personally identifiable information acquired from Tennessee Tech for any purpose other than performing the service or function that is the subject of this Agreement; and agrees to return to Tennessee Tech (or, if not feasible, to securely destroy) education records in whatever form or medium that Contractor received such records from or created them on behalf of Tennessee Tech. E.27.2.3 Personal Information Protected by GLBA, FTC Red Flags Rule, and Other Privacy Laws. Contractor agrees to implement and maintain a written comprehensive information security program containing administrative, technical and physical safeguards for the security and protection of applicable Personal Information in compliance with the Gramm-Leach-Bliley Act (“GLBA”)(15 U.S.C. § 6801; 16 CFR Part 314) and the Federal Trade Commission’s Red Flags Rule (15 U.S.C. § 1681; 16 CFR Part 681). E.27.3 Return of Personal Information. At any time during the term of this Agreement, at Tennessee Tech’s written request or upon the termination or expiration of this Agreement, Contractor shall return to Tennessee Tech all copies, whether in written, electronic or other form or media, of Personal Information in its possession, or at Tennessee Tech’s direction, securely dispose of all such copies. E.27.4 Data Security E.27.4.1 Data Security Controls. Contractor represents and warrants that Contractor will maintain compliance with SSAE-16 or -18 SOC Type I, II, or III standards, and shall undertake any audits and risk assessments Contractor deems necessary to maintain compliance with the same. E.27.4.2 Reporting on Data Security Controls. At Tennessee Tech’s request, Contractor will provide assurances to Tennessee Tech that are acceptable to Tennessee Tech related to Contractor’s organization controls surrounding all systems and data related to this Agreement. Such assurances may include, but are not limited to, SSAE-16 or -18 SOC Type I, II, or III reports or any other reports in a form requested by Tennessee Tech or required by applicable data protection laws. 27 E.27.5 Security Incident Response E.27.5.1 Definition. "Security Incident" means any reasonably suspected breach of information security, unauthorized access to any system, server or database, or any other unauthorized access, use, or disclosure of Personal Information occurring on systems under Contractor's control. E.27.5.2 Contractor’s Responsibilities. Contractor shall: (i) Provide Tennessee Tech with the name and contact information for an employee of Contractor who shall serve as Tennessee Tech's primary security contact and shall be available to assist Tennessee Tech twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a Security Incident; (ii) Notify Tennessee Tech of a Security Incident as soon as practicable, but no later than forty-eight (48) hours after Contractor becomes aware of it, except where disclosure is prohibited by law; (iii) Notify Tennessee Tech of any such Security Incident by email to osico@tntech.edu with a copy by e-mail to Contractor's primary Tennessee Tech business contact; (iv) Contractor shall use best efforts to immediately mitigate or resolve any Security Incident, at Contractor's expense and in accordance with applicable privacy rights, laws, regulations and standards; and (v) Take any and all such actions that a prudent Contractor would take in light of the circumstances and severity of the Security Incident. E.27.5.3 Liability for Costs Related to a Security Incident. Contractor shall reimburse Tennessee Tech for actual costs incurred by Tennessee Tech in responding to, and mitigating damages caused by, any Security Incident, including all costs of notice and/or remediation incurred under all applicable laws as a result of the Security Incident. E.27.6 Insurance Requirements. Contractor shall maintain Errors & Omissions & Cyber Liability Insurance, in an amount not less than $10,000,000 per claim and annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret); network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; data breach expenses, in an amount not less than $10,000,000 and payable whether incurred by Tennessee Tech or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for Tennessee Tech or on behalf of Tennessee Tech hereunder. E.28 Service and Software Accessibility Standards. The Contractor warrants and represents that the service and software, including any updates, provided to Tennessee Tech will meet the accessibility standards set forth in WCAG 2.0 AA (also known as ISO standard, ISO/IEC 40500:2012), EPub 3 and Section 508 of the Vocational Rehabilitation Act. To the extent that the Products fail to meet the WCAG 2.0 AA, EPub 3 and Section 508 standards, the Contractor will provide Tennessee Tech with a fully completed Accessibility Statement and Conformance and Remediation forms (Attachment 6.9 & 6.10). The Contractor shall indemnify and hold Tennessee Tech harmless in the event of claims arising from inaccessibility related to the Contractor’s products/services. E.29 Click-Wrap Agreements. The Contractor agrees that click-wrap agreements shall not be binding upon Tennessee Tech. No employee has the actual or apparent authority to enter into click-wrap agreements on behalf of Tennessee Tech unless such employee has been granted signature authority. No employee mailto:dzsigalov@tntech.edu 28 has the authority to modify, amend, or supplement this Agreement through a click-wrap agreement. This Agreement can only be modified, amended, or supplemented under these terms through a written amendment in accordance with Tennessee Tech’s procedures, policies, and guidelines. E.30 Contractor Commitment to Diversity. The Contractor shall assist Tennessee Tech in monitoring the Contractor’s performance of this commitment by providing, if requested, a report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, and Tennessee service-disabled veterans. Such reports shall be provided to Tennessee Tech in form and substance as required by Tennessee Tech. E.31 Counterparts. This Contract may be executed in two or more counterparts and may be electronically transmitted, subject to the limitations of state or federal law and/or Tennessee Tech policies. Each counterpart, regardless of transmission method, shall be deemed an original and all of which together shall constitute one Agreement. E.32 Iran Divestment Act. Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 12-12- 101 et seq.) list of entities or persons ineligible to contract with the State of Tennessee. E.33 Intellectual Property. It is understood by the Contractor that Tennessee Tech will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under this Contract. The Contractor and Tennessee Tech acknowledge and agree that the Contractor’s work under this Contract shall belong to Tennessee Tech as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to Tennessee Tech all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under this Contract. E.34 Boycott of Israel. Contractor certifies that it is not currently engaged in and will not for the duration of the Contract engage in a boycott of Israel as defined by Tenn. Code Ann. § 12-4-119. IN WITNESS WHEREOF: [CONTRACTOR LEGAL ENTITY NAME]: [NAME AND TITLE] Date TENNESSEE TECHNOLOGICAL UNIVERSITY: Claire Stinson, Vice President for Planning and Finance Date 29 ATTACHMENT 6.3 PROPOSAL TRANSMITTAL AND STATEMENT OF CERTIFICATIONS AND ASSURANCES The Proposer must complete and sign this Technical Proposal Transmittal. It must be signed, in the space below, by an individual empowered to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the individual is not the Proposer’s chief executive, attach evidence showing the individual’s authority to bind the proposing entity. PROPOSER LEGAL ENTITY NAME: The Proposer does hereby affirm and expressly declare confirmation, certification, and assurance of the following: 1. This proposal constitutes a commitment to provide all services as defined in the RFP Attachment 6.2, Pro Forma Contract, and RFP Attachment 6.4 for the total contract period and confirmation that the Proposer shall comply with all of the provisions in this RFP and shall accept all terms and conditions set out in the RFP Attachment 6.2, Pro Forma Contract. A Proposal that limits or changes any of the terms or conditions contained in the Pro Forma Contract may be considered by Tennessee Tech, in its sole discretion, non-responsive and may be rejected. 2. The information detailed in the proposal submitted herewith in response to the RFP is accurate. 3. The proposal submitted herewith in response to the RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP. 4. The Proposer shall comply with all applicable State and Federal laws and regulations, including Tennessee Tech policies and guidelines in the submission of its Proposal and, if the successful Proposer, in the performance of the Contract. 5. The Proposer shall comply with: a) the laws of the State of Tennessee; b) Title VI of the federal Civil Rights Act of 1964; c) Title IX of the federal Education Amendments Act of 1972; d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; e) the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government; f) the condition that the submitted proposal was independently arrived at, without collusion, under penalty of perjury. 6. The Proposer certifies, by signature below and submission of this proposal, to the best of its knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department or agency; 7. The Proposer shall provide a performance bond in accordance with the requirements of the RFP. Failure to provide Tennessee Tech with the required performance bond will be cause for rejection of proposal. The Proposer ____does or ____does not agree to extend this Proposal and current contract pricing to all institutions provided in Attachment 6.8. SIGNATURE & DATE: 30 ATTACHMENT 6.4 MANDATORY REQUIREMENTS Responsive Proposer must be able to provide all features and deliverables described below. Any Proposal which does not provide these features and deliverables may be considered non-responsive and may be disqualified from further consideration. Tennessee Tech is requesting bids for a software solution that will assist the university in conducting sponsored projects and administration in an integrated and automated environment and encompass pre-award and post-award processes. The software shall have the following features: Pre-Award 1. Proposal Development - The entire process of building a proposal for submittal to include: a. Choosing a sponsor and sponsor program b. Submission of “Intent to Submit” form c. Selecting PI, co-PI(s), senior personnel, etc. d. Defining Budget Periods e. Selecting a Form Set (by sponsor) f. Merging Profile Data 2. Profile Administration - Build and maintain profile data, such as: a. Institutional Profile - common institutional data points such as F&A rate, Fringe Rates, etc. b. Personnel Profile - appointment, salary, FTE's, etc. This would need to interface with our current Human Resource module through an API interface to update the data as needed. Our current HR data resides in an Ellucian Banner Oracle Database – On- Prem. Future plans are to move to Oracle Cloud. c. Sponsor Profile - deliverables, T&C, etc. d. Department, College, Center Profiles - sub-categories of institution used in reporting, routing, etc. e. Sub-recipient(s) Profile and Costs. f. Cost Type Profiles - institutional cost types with associated rules, maps to sponsor cost types, cost-share, etc. 3. A budget module that uses date sensitive profile data along with proposal specific data to calculate budgets, including cost share expenses and applicable cost account codes for budget line items. 4. Proposal Certifications 5. Automated project set-up 6. Communications Module: Central repository of all communications and documents that are part of the proposal development and award lifecycle processes. 31 Post-Award 1. Deliverables Tracking and Notification: Management of all performance obligations that come with an award, such as reminders on due dates for reports or periodic account balances. 2. Financial Accounting Interface: This would need to interface with our current Finance module through an API interface. Our current finance data resides in an Ellucian Banner Oracle Database – On-Prem. Future plans are to move to Oracle Cloud. 3. Award Budgeting: Creates an award budget from a proposal budget or automatic budget rule. 4. Award Modification. 5. Equipment Tracking and Disposition: Tracking and reporting on equipment purchased as part of an award. 6. Compliance Monitoring: Monitors compliance with project T&C, state, and federal guidelines. Tracks status of various reviews and approvals – IRB, IACUC, export control, etc. Includes file storage for supporting documentation. 7. Automated Sponsor Invoicing: Invoices sponsor based on deliverables, T&C, etc. 8. Sub-recipient and Contractor Monitoring: Tracking of sub-recipient and contractor reports and expenditures. 9. Project Financial Activity Tracking and Reporting: This would need to interface with our current Finance module through an API interface. Our current finance data resides in an Ellucian Banner Oracle Database – On-Prem. Future plans are to move to Oracle Cloud, to create common access for all interested parties, including PIs, to view and track financial activity on their projects. Advanced Routing Electronic approval process. Prompts and tracks proposal approval as it is routed through the institutionally developed routing map. Employs email notifications to next approvers. Capacity to route documents for review and approval related to the specific project, such as budget change forms and contracts. System to System Module System-to-System capability with Grants.gov and research.gov. Capability to download opportunity info (form set and instructions), merge profile and proposal data, and submit to Grants.gov electronically or other portals, as appropriate. Provide a list of current compatibility with existing submission portals. Automated Reporting 32 Weekly, monthly, quarterly, and annual reports of proposal submissions and award activities by PI, Department, College, Center, Agency, etc.. Contracting Module The ability to track multiple versions of contract/award documents, log key communication and set follow up reminders for action items. User Account Management The ability to manage levels of access and account control via Azure compatible SSO authentication methods. **Proposer must initial here to confirm that the above requirements have been read and understood, and that Proposer’s response addresses all requirements and meets or exceeds the above specifications: _______________ 33 ATTACHMENT 6.5 TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION A SECTION A — MANDATORY REQUIREMENTS TECHNICAL PROPOSAL & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Proposer must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Proposer must also detail the proposal page number for each item in the appropriate space below. The RFP Coordinator will review the Proposal to determine if the Mandatory Requirement Items are addressed as required. PROPOSER LEGAL ENTITY NAME: • The Proposer must deliver its proposal to and the proposal must be received by the Purchasing and Contracts Office of Tennessee Tech no later than the Proposal Deadline specified in the RFP Section 2, Schedule of Events. • The Technical Proposal and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq.). • The Technical Proposal must NOT contain cost or pricing information of any type. • The Technical Proposal must NOT contain any restrictions of the rights of the State/Tennessee Tech or other qualification of the Proposal. • A Proposer must NOT submit alternate Proposals. • A Proposer must NOT submit multiple Proposals in different forms (as a prime and a sub-contractor). Proposal Page # (Proposer completes) Item Ref. Section A— Mandatory Requirement Items Pass/Fail A.1. Provide the Proposal Transmittal and Statement of Certifications and Assurances (RFP Attachment 6.3.) completed and signed by an individual empowered to bind the Proposer to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification. A.2. Provide a statement, based upon reasonable inquiry, of whether the Proposer or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee or Tennessee Tech) and, if so, the nature of that conflict. NOTE: Determination of conflict of interest shall be solely within the discretion of Tennessee Tech, and Tennessee Tech reserves the right to cancel any award. A.3. Provide a copy of a current certificate of liability insurance. If Proposer’s current limits/coverages do not meet Tennessee Tech’s requirements, the successful Proposer will be required to submit a valid, current certificate of insurance that meets the requirements prior to contract award. 34 A.4. Provide EITHER: (a) an official document or letter from an accredited credit bureau, verified and dated within the last three (3) months and indicating a positive credit rating for the Proposer (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.); OR (b) a Dun & Bradstreet short-form report, verified and dated within the last three (3) months and indicating a positive credit rating for the Proposer. A.5. Authentication Requirement – solution must include MS Azure compatible single- sign-on (SSO) protocols – currently Open ID Connect, OAuth, or SAML. State which protocols are included. A.6. Accessibility Requirements All Informational Material and Technology (IMT) developed, purchased, upgraded or renewed by or for the use of Tennessee Tech will comply with all applicable Tennessee Tech policies, Federal and State laws and regulations including but not limited to the accessibility guidelines set forth in Web Content Accessibility Guidelines 2.0 A & AA, EPub3 Accessibility guidelines, Section 508 and all other regulations promulgated under Section 504 of the Rehabilitation Act and Title II of The Americans with Disabilities Act as amended. Further: a. Compliance means that a person with a disability can acquire the same information, engage in the same interactions, and enjoy the same goods and/or services as a person without a disability, in an equally effective and integrated manner, with substantially equivalent ease of use. b. The Successful Proposer warrants that any IMT purchased by, developed, upgraded or renewed for Tennessee Tech will comply with the aforementioned accessibility guidelines and the contractor/vendor will provide accessibility testing results, written documentation verifying accessibility including the most recent VPAT for the product/service identified in this document. c. The Successful Proposer will promptly respond to and resolve accessibility issues/complaints, and to indemnify and hold Tennessee Tech harmless in the event of claims arising from inaccessibility of the contractor’s/vendor’s product(s) or service(s). d. Proposer shall provide access to Tennessee Tech as needed for testing/compliance review. Additional information can be found in Attachment 6.9, Vendor Product Accessibility Statement and Documentation. If Proposer is not compliant at this time with these standards, Proposer shall describe in response to this section, via the Accessibility Conformance and Remediation Form (Attachment 6.10) its plan for remediation. NOTE: Proposer is not required to be fully compliant to respond to this Proposal but must be working to achieve accessibility compliance. 35 A.7. Data Security: Proposer attests that it currently has and will continue to maintain one or more of the following: • A SSAE-16 or -18 SOC 2 Type 2 Audit report for Proposer’s operations (not hosting service’s) prepared by an independent third-party audit team; or • An ISO 27001/2013 certificate; or • Higher Education Cloud Vendor Assessment Tool spreadsheet in its entirety (will be provided by RFP Coordinator upon request by Proposer). In addition, prior to award, the apparent successful proposer will be required to submit a copy of its SSAE-16 or -18 SOC 2 Type 2 Audit report or ISO 27001 certificate as confirmation of its attestation. If Proposer submits the HECVAT in lieu of the other documentation, the completed HECVAT is to be submitted WITH THE TECHNICAL PROPOSAL. Failure of a proposer to provide sufficient information to confirm its attestation to the requirements listed above is grounds for rejection of proposal. Note: Proposer is not to include SOC reports or ISO certificates with their proposal response. Data security documentation shall be submitted only upon request and mailed directly to: Chief Information Security Officer Tennessee Tech University Campus Box 5071 Cookeville, TN 38505 36 TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION B PROPOSER NAME: SECTION B — QUALIFICATIONS & EXPERIENCE The Proposer must address ALL Qualifications and Experience section items and provide, in sequence, the information and documentation as required (referenced with the associated item references). A Proposal Evaluation Team, made up of three or more Tennessee Tech employees, will independently evaluate and score the proposal’s “qualifications and experience” responses. Proposal Page # (to be completed by Proposer) Qualifications & Experience Items B.1 Describe the Proposer’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and detail the name, mailing address, email address and telephone number of the person Tennessee Tech should contact regarding the proposal. B.2 Provide a statement of whether there have been any mergers, acquisitions, or sales of the Proposer company within the last ten years, and if so, an explanation providing relevant details. B.3 Provide a statement of whether the Proposer or any of the Proposer’s principals, agents, independent contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any felony, and if so, an explanation providing relevant details. B.4 Provide a statement of whether there is any pending litigation against the Proposer; and if such litigation exists, an attached opinion of counsel as to whether the pending litigation will impair the Proposer’s performance in a contract under this B.5 Provide a statement of whether, in the last ten years, the Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details. B.6 Provide a statement of whether there are any pending Securities Exchange Commission investigations involving the Proposer, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) will impair the Proposer’s performance in a contract under this RFP. B.7 Provide a brief, descriptive Statement indicating the Proposer’s credentials to deliver the services sought under this RFP. 37 B.8 Indicate how long the Proposer has been performing similar services required by this RFP and include the number of years in business. B.9 Provide three (3) higher education customer references who are using similar systems. References should have similar characteristics to Tennessee Tech, e.g., R2 university, $20-100 million annual research Each reference must include:  the institution name and business address; and  the name, title, and email address of the contact knowledgeable about the training system B.10 Provide documentation of the Proposer’s commitment to diversity as represented by its business strategy, business relationships, and workforce— this documentation should detail all of the following: (a) a description of the Proposer’s existing programs and procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises; (b) a listing of the Proposer’s current contracts with business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises, including the following information: (i) contract description and total value (ii) contractor name and ownership characteristics (i.e., ethnicity, sex, disability) (iii) contractor contact and telephone number; (c) an estimate of the level of participation by business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises in a contract awarded to the Proposer pursuant to this RFP, including the following information: (i) participation estimate (expressed as a percent of the total contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics — PERCENTAGES ONLY — DO NOT INCLUDE DOLLAR AMOUNTS) (ii) descriptions of anticipated contracts (iii) names and ownership characteristics (i.e., ethnicity, sex, disability) of anticipated subcontractors and supply contractors anticipated; and (d) the percent of the Proposer’s total current employees by ethnicity, sex, and handicap or disability. (Maximum Section B Score = 25) 38 TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION C PROPOSER NAME: SECTION C – TECHNICAL APPROACH Do not include any cost information in the Technical Proposal response. The Proposer must address ALL Technical Approach section items and provide, in sequence, the information and documentation as required (with the associated item references). A Proposal Evaluation Team, made up of three or more Tennessee Tech employees, will independently evaluate and score the proposal’s response to each item. Each evaluator will use the following whole number, raw point scale for scoring each item: 0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent Proposal Page # (to be completed by Proposer) RFP Section Ref. Description of Feature/Specification Raw Point Value C.1 Pre-Award Processes. Provide a narrative describing the pre-award capabilities of your software. Include the specific capabilities requested in Attachment 6.4 above. Maximum points = 6 C.2 Post-Award Processes. Provide a narrative describing the post-award capabilities of your software. Include the specific capabilities requested in Attachmen