ULM ONLINE PROGRAM MANAGEMENT SERVICES RFP

Page 1 of 63 REQUEST FOR PROPOSALS for ULM Online Program Management Services RFP #:50006-081 Proposal Due Date/Time: September 7, 2023 at 3:00 PM CST State of Louisiana University of Louisiana at Monroe July 13, 2023 Page 2 of 63 Table of Contents PART 1: ADMINISTRATIVE AND GENERAL INFORMATION ..................................... 6 Purpose .............................................................................................................. 6 Background ........................................................................................................ 6 Goals and Objectives ......................................................................................... 6 Term of Contract ................................................................................................ 7 Definitions .......................................................................................................... 8 Schedule of Events

.......................................................................................... 10 Proposal Submittal ........................................................................................... 10 Qualifications for Proposer ............................................................................... 11 1.8.1 Mandatory Qualifications: .......................................................................... 11 1.8.2 Desirable Qualifications: ............................................................................ 11 Proposal Response Format .............................................................................. 11 1.9.1 Cover Letter ............................................................................................... 12 1.9.2 Table of Contents ...................................................................................... 12 1.9.3 Executive Summary ................................................................................... 12 1.9.4 Company Background and Experience ..................................................... 12 1.9.5 Approach and Methodology ....................................................................... 13 1.9.6 Proposed Staff Qualifications .................................................................... 13 1.9.7 Veteran and Hudson Initiative Programs Participation .............................. 14 1.9.8 Revenue Proposal ..................................................................................... 16 1.9.9 Certification Statement .............................................................................. 16 1.9.10 Outsourcing of Key Internal Controls: ........................................................ 16 Number of Copies of Proposals ....................................................................... 17 Technical and Cost Proposals .......................................................................... 17 Legibility/Clarity ................................................................................................ 18 Confidential Information, Trade Secrets, and Proprietary Information .............. 18 Proposal Clarifications Prior to Submittal ......................................................... 19 1.14.1 Pre-proposal Conference ........................................................................... 19 1.14.2 Proposer Inquiries ..................................................................................... 20 1.14.3 Blackout Period ......................................................................................... 21 Error and Omissions in Proposal ...................................................................... 22 Page 3 of 63 Changes, Addenda, Withdrawals ..................................................................... 22 Withdrawal of Proposal .................................................................................... 22 Waiver of Administrative Informalities .............................................................. 22 Proposal Rejection/RFP Cancellation .............................................................. 23 Ownership of Proposal ..................................................................................... 23 Cost of Offer Preparation ................................................................................. 23 Taxes ............................................................................................................... 23 Determination of Responsibility ........................................................................ 24 Use of Subcontractors ...................................................................................... 24 Written or Oral Discussions/Presentations ....................................................... 24 Acceptance of Proposal Content ...................................................................... 25 Evaluation and Selection .................................................................................. 25 Best and Final Offers (BAFO) .......................................................................... 25 Contract Award and Execution ......................................................................... 26 Notice of Intent to Award .................................................................................. 26 Right to Prohibit Award .................................................................................... 27 Insurance Requirements for Contractors ......................................................... 27 1.32.1 Contractor's Insurance ............................................................................... 27 1.32.2 Workers Compensation Indemnity ............................................................. 27 Duty To Defend ................................................................................................ 28 Liability and Indemnification ............................................................................. 28 1.34.1 Contractor Liability ..................................................................................... 28 1.34.2 Force Majeure ........................................................................................... 28 1.34.3 Indemnification .......................................................................................... 28 1.34.4 Intellectual Property Indemnification .......................................................... 29 1.34.5 Limitations of Liability................................................................................. 29 1.34.6 Other Remedies ........................................................................................ 30 Payment ........................................................................................................... 30 Termination ...................................................................................................... 30 1.36.1 Termination of the Contract for Cause ....................................................... 30 1.36.2 Termination of the Contract for Convenience ............................................ 31 1.36.3 Termination for Non-Appropriation of Funds .............................................. 31 Page 4 of 63 Assignment ...................................................................................................... 31 Right to Audit .................................................................................................... 31 Civil Rights Compliance ................................................................................... 31 Record Ownership ........................................................................................... 32 Entire Agreement/ Order of Precedence .......................................................... 32 Contract Modifications ...................................................................................... 32 Substitution of Personnel ................................................................................. 32 Governing Law ................................................................................................. 33 Claims or Controversies ................................................................................... 33 Code of Ethics .................................................................................................. 33 Corporate Requirements .................................................................................. 33 Prohibition of Discriminatory Boycotts of Israel ................................................ 33 Security ............................................................................................................ 34 1.49.1 Cybersecurity Training ............................................................................... 34 PART 2: SCOPE OF WORK/SERVICES .................................................................... 35 Scope of Work ................................................................................................. 35 Task and Services ............................................................................................ 36 Deliverables (see previous sections, student information, reporting) ............... 38 Technical Requirements .................................................................................. 38 Project Requirements ....................................................................................... 38 PART 3: EVALUATION ............................................................................................... 39 Revenue Evaluation ......................................................................................... 40 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation ................................... 40 PART 4: PERFORMANCE STANDARDS ................................................................... 42 Performance Requirements ............................................................................. 42 Performance Measurement/Evaluation/Monitoring Plan .................................. 42 4.2.1 Performance Measures/Evaluation: ........................................................... 42 4.2.2 Monitoring Plan: ......................................................................................... 43 Veteran and Hudson Initiative Programs Reporting Requirements .................. 43 ATTACHMENT I: CERTIFICATION STATEMENT ........................................................ 44 ATTACHMENT II: SAMPLE CONTRACT ..................................................................... 46 Page 5 of 63 ATTACHMENT III: REVENUE PROPOSAL .................................................................. 63 Page 6 of 63 REQUEST FOR PROPOSAL FOR ULM Online Program Management Services PART 1: ADMINISTRATIVE AND GENERAL INFORMATION Purpose The purpose of this Request for Proposal (RFP) is to obtain competitive proposals from qualified Proposers who are interested in providing Online Program Management Services to the University of Louisiana at Monroe. Background The University of Louisiana at Monroe (ULM) seeks assistance in offering identified online programs to audiences outside the University’s normal scope of influence. Currently, nineteen master’s degrees, thirteen bachelor’s degrees, and one associate’s degree are offered online. Fall 2022 enrollment included approximately 750 undergraduates and 850 graduate students. This generates approximately $13M in revenue annually. Included in these numbers are students involved in the Compete Louisiana program directed by the University of Louisiana System. This program is designed to reach adults with some college-level work but do not have a credential. In 2022, ULM launched a new strategic plan targeting an overall enrollment of 10,000 students (presently, ca. 8,300). Online enrollments are included in that expectation, particularly at the graduate level. To fulfill those expectations, the University requires assistance in reaching new students that it normally would not attract through conventional recruitment means. The enrollment increase must be met commensurately with increases in persistence and completion. Enrollment has declined approximately 15% recently, while retention is keeping pace with face to face (approximately 70% first to second year). Efforts are underway to increase the four-year and six-year graduation rates from its present values of 27% and 45% respectively. Goals and Objectives In seeking this arrangement, ULM is trying to overcome resource constraints in reaching new online students and retaining them to graduation. Several State and University of Louisiana Systems initiatives are calling for more graduates with relevant experiences and reduced time to credentials. ULM is seeking assistance in fulfilling these expectations through: Page 7 of 63 Marketing, Recruiting, and Promotion: The contractor will market and promote the University and its Online Programs using a variety of means. A marketing plan will be presented to the University annually. The University approves marketing plans with jointly approved updates. Program Development, Support and Implementation: The contractor will launch the identified programs and will provide assistance with: • facilitation of various operational planning sessions; • development of guidelines; • cross-functional project management services Academic Support Services: The contractor will provide assistance with multiple start dates and inform the University of best practices with online programs' design, program- level planning, course mapping, and course conversion. Enrollment Management: The contractor will provide assistance with enrollment management to recruit new students that will provide a sustainable enrollment for the programs and to retain students gained through the recruitment process to levels that meet or exceed current university retention rates. Student Support Services: The contractor will maintain communications with students according to industry best practices leading to recruitment, retention, and completion goals. They will also provide assistance with faculty advising within the programs and learning management system usage by the students. Term of Contract The term of any contract resulting from this RFP shall begin on or about December 4, 2023 and is anticipated to end on December 3, 2026. The State shall have the right to contract for up to thirty-six (36) months with the concurrence of the Contractor and all appropriate approvals. With all proper approvals and concurrence with the successful Contractor, agency may also exercise an option to extend for up to twenty-four (24) additional months at the same rates, terms and conditions of the initial contract term. Prior to the extension of the contract beyond the initial thirty-six (36) month term, prior approval by the Joint Legislative Committee on the Budget (JLCB) or other approval authorized by law shall be obtained. Such written evidence of JLCB approval shall be submitted, along with the contract amendment to the Office of State Procurement (OSP) to extend contract terms beyond the initial 3-year term. The total contract term, with extensions, shall not exceed five (5) years. The continuation of the contract is contingent upon the appropriation of funds by the legislature to fulfill the requirements of the contract. Page 8 of 63 Definitions Agency Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this state authorized to participate in any contract resulting from this solicitation. Compete Louisiana Initiative Compete Louisiana (Compete LA) is a college completion initiative that operates statewide in Louisiana. This program is operated by the University of Louisiana System and is designed to offers personalized support services to help students navigate the process of returning to university, including assistance with academic planning, financial aid, and career counseling. The initiative aims to increase the number of individuals who hold post-secondary degrees in Louisiana, thus contributing to the state's economic growth and development. Contractor Any person having a contract with a governmental body; the selected Proposer. Discussions For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. DOA Division of Administration Family Educational Rights and Privacy Act (FERPA), (34 CFR Part 99) The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Enacted in 1974, FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. The law gives parents or eligible students (students who are 18 years or older or attending a postsecondary institution) the right to inspect and review their education records, request amendment of the records if they believe they are inaccurate or misleading, and control the disclosure of personally identifiable information from their education records. Financial Support Financial Support is to provide investment capital to grow the University’s online programs. May and Can The terms “may” and “can” denote an advisory or permissible action. Must The term “must” denotes mandatory requirements. OSP Office of State Procurement OPM Online Program Manager refers to a company or organization that partners with colleges and universities to help them take their academic programs online. These partnerships typically involve the OPM providing a suite of Page 9 of 63 services. Some of the services that an OPM partnership can provide include student recruitment and enrollment, student and graduate retention, market research, course design and technology platforms. Public Higher Education Institutions Public Higher Education Institutions are educational institutions that are primarily funded by the government and provide post-secondary education to students. These institutions are usually established and maintained by state governments, although some are also operated by the federal government. Public higher education institutions offer a wide range of degree programs, including undergraduate, graduate, and professional programs. They also provide research opportunities for faculty and students, as well as community outreach programs. Proposer A firm or individual who responds to this RFP. RFP Request for Proposal Rural Settings Rural settings refer to areas that are located outside of urban and suburban areas. These areas are typically characterized by low population density, limited access to public services, and a reliance on agriculture or natural resources for economic activity. Shall and Will The terms “shall” and “will” denote mandatory requirements. Should The term “should” denotes a desirable action. State The term “State” shall mean the State of Louisiana and its departments, agencies (including the Using Agency), boards, and commissions as well as their officers, agents, servants, employees, and volunteers. Student Support Student Support refers to the various services, resources, and programs that educational institutions provide to assist students in achieving academic success and personal development. These services can include academic advising, tutoring, counseling, career services, financial aid, disability services, health and wellness programs, and more. The goal of student support is to ensure that students have the tools and resources they need to overcome any barriers to their success and achieve their full potential. University or ULM University of Louisiana at Monroe Using Agency The term “Using Agency” shall mean the governmental body of the State (including any authorized users) which is procuring any supplies, services, or major repairs, or any professional, personal, consulting, or social services under this Contract pursuant to the Louisiana Procurement Code, La. R.S. 39:1551-1755. Page 10 of 63 Schedule of Events Event Date RFP advertised in newspapers and post to LaPAC Thursday, July 13, 2023 Pre-proposal conference via Zoom (see Sec 1.14.1 for Zoom dial-in information) Thursday, July 27, 2023 at 10:00 AM CST Deadline for receipt of written inquiries Tuesday, August 8, 2023 at 5:00 PM CST Deadline to answer written inquiries Tuesday, August 22, 2023 Deadline for receipt of proposals ALL PROPOSALS SHALL REMAIN SEALED UNTIL THE DATE AND TIME LISTED. Thursday, Sept. 7, 2023 at 3:00 PM Notice of Intent to award announcement, and 14-day protest period begins, on or about Thursday, October 5, 2023 Contract execution, on or about Monday, October 23, 2023 NOTE: The State of Louisiana reserves the right to revise this schedule. Revisions, if any, before the Proposal Submission Deadline will be formalized by the issuance of an addendum to the RFP. Proposal Submittal Firms or individuals who are interested in providing services requested under this RFP must submit a proposal containing the mandatory information specified in the section. The proposal must be received in hard copy (printed) version by the RFP Coordinator on or before the date and time specified in the Schedule of Events. FAX or e-mail submissions shall not be acceptable. Proposers mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposal by the time specified. The proposal package must be delivered at the Proposer's expense to: University of Louisiana at Monroe, Purchasing Dept. – Coenen 116, Attn: Cheri Perkins, 4014 LaSalle Street, Monroe, LA 71209. For courier delivery: University of Louisiana at Monroe, Purchasing Dept. – Coenen 116, Attn: Cheri Perkins, Page 11 of 63 4014 LaSalle Street, Monroe, LA 71209, Telephone number is (318) 342-5210. The responsibility solely lies with each Proposer to ensure their proposal is delivered at the specified place and prior to the deadline for submission. Proposals received after the deadline will not be considered. Qualifications for Proposer 1.8.1 Mandatory Qualifications: Proposers must meet the following qualifications prior to the deadline for receipt of proposals. Proposers must have a minimum of 10 years’ experience successfully providing Online Program Management Services (OPM) to collegiate programs. 1.8.2 Desirable Qualifications: It is desirable that Proposers should meet the following qualifications prior to the deadline for receipt of proposals: • Proposers should have experience with public higher education institutions in rural settings. • Proposer should exhibit extensive proficiency, versatility, and a well-established track record in delivering Online Programming and Services to academic institutions. • Proposer should exhibit a proven track record of enhanced enrollment and retention rates in Online Programs similar to those offered by ULM and/or other Public Liberal Arts Colleges in the region. • Proposer should demonstrate the capacity to offer and maintain an OPM that furnishes mobile and social features, operates on a cloud-based delivery infrastructure, possesses analytics capabilities, and provides flexibility via interoperability. • Proposers should have experience within the State of Louisiana. • Proposers should have experience managing Education programs at all degree levels. Proposal Response Format Page 12 of 63 Proposals submitted for consideration should follow the format and order of presentation described below: 1.9.1 Cover Letter A cover letter should be submitted on the Proposer's official business letterhead explaining the intent of the Proposer. 1.9.2 Table of Contents The proposal should be organized in the order contained below. 1.9.3 Executive Summary This section serves to introduce the scope of the proposal. It shall include administrative information including the Proposer’s contact name and phone number, and the stipulation that the proposal is valid for a time period of at least ninety (90) calendar days from the date of submission. This section should also include a summary of the Proposer's qualifications and ability to meet the State agency's overall requirements in the timeframes set by the agency. The executive summary should include a positive statement of compliance with the contract terms, see Sample Contract, Attachment II. If the Proposer cannot comply with any of the contract terms, an explanation of each exception should be supplied. The Proposer should address the specific language in the Sample Contract, Attachment II and submit whatever exceptions or exact contract modifications that its firm may seek. While final wording will be resolved during contract negotiations, the intent of the provisions will not be substantially altered. 1.9.4 Company Background and Experience The Proposers should give a brief description of their company including brief history, corporate or organization structure, number of years in business, and copies of its latest financial statement for the last three years, preferably audited. This section should provide a detailed discussion of the Proposer's prior experience in working on projects similar in size, scope, and function to the proposed contract. Proposers should describe their experience in other states or in corporate and governmental entities of comparable size and diversity with references from previous clients including names and telephone numbers. Page 13 of 63 Proposers should clearly describe their ability to exceed the qualifications described in the Mandatory and Desirable Qualifications for Proposer in Section 1.8 1.9.5 Approach and Methodology Proposals should include enough information to satisfy evaluators that the Proposer has the appropriate experience, knowledge and qualifications to perform the scope of services as described herein. Proposers should respond to all requested areas. The Proposer should: • Provide Proposer’s understanding of; as well as describe their understanding of the nature of the project and how the Proposer will meet the needs of the State Agency • Define its functional approach in providing the services. • Define its functional approach in identifying the tasks necessary to meet requirements. • Proposer will provide a comprehensive Project Management and Quality Assurance approach to ensure the overall effectiveness of the OPM; in addition, to addressing any relevant constraints or limitations. • Provide a proposed Project Work Plan that reflects the approach and methodology, tasks, and services to be performed, deliverables, timetables, and staffing. • Present innovative concepts for consideration. 1.9.6 Proposed Staff Qualifications The Proposer should provide detailed information about the experience and qualifications of the Proposer's assigned personnel considered key to the success of the project. This information should relate experience, past and present projects with dates and responsibilities and any applicable certifications. This should also specifically include the role and responsibilities of each person on this project, their planned level of effort, their anticipated duration of involvement, and their on-site availability. Customer references (name, title, company name, address, and telephone number) should be provided for the cited projects in the individual resumes. Experience in Online Education: The candidate should have experience in online education, preferably in program management. They should have knowledge of Learning Management Systems (LMS) and other online tools used in online education. Page 14 of 63 Project Management Skills: The candidate should have excellent project management skills, including planning, execution, monitoring, and evaluation. They should be able to manage multiple projects simultaneously and work under tight deadlines. Communication Skills: The candidate should have excellent communication skills, both written and verbal. They should be able to communicate effectively with students, faculty, and other stakeholders. Leadership Skills: The candidate should have strong leadership skills and be able to motivate and inspire a team. They should be able to lead by example and create a positive work environment. Analytical Skills: The candidate should have strong analytical skills and be able to analyze data and make informed decisions based on the data. Technology Skills: The candidate should have knowledge of technology used in online education, including LMS, video conferencing tools, and other online tools. Customer Service Skills: The candidate should have excellent customer service skills and be able to provide support to students and faculty. Proposers should clearly describe their ability to exceed the qualifications described in the Qualifications for Proposer in Section 1.8 1.9.7 Veteran and Hudson Initiative Programs Participation The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for Louisiana-based small entrepreneurships (sometimes referred to as LaVet's and SE's respectively) to participate in contracting and procurement with the State. A certified Veteran-Owned and Service-Connected Disabled Veteran-Owned small entrepreneurship (LaVet) and a Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the Louisiana Department of Economic Development. All eligible vendors are encouraged to become certified. Qualification requirements and online certification are available at: https://smallbiz.louisianaeconomicdevelopment.com. If a Proposer is not a certified small entrepreneurship as described herein, but plans to use certified small entrepreneurship(s), Proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. https://smallbiz.louisianaeconomicdevelopment.com/ Page 15 of 63 During the term of the contract and at expiration, the Contractor will also be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. In RFP’s requiring the compliance of a good faith subcontracting plan, the State may require Proposers to submit information on their business relationships and arrangements with certified LaVet or Hudson Initiative subcontractors at the time of proposal review. Agreements between a Proposer and a certified LaVet or Hudson Initiative subcontractor in which the certified LaVet or Hudson Initiative subcontractor promises not to provide subcontracting quotations to other Proposers shall be prohibited. If performing its evaluation of proposals, the State reserves the right to require a non- certified Proposer to provide documentation and information supporting a good faith subcontracting plan. Such proof may include contracts between Proposer and certified Veteran Initiative and/or Hudson Initiative subcontractor(s). If a contract is awarded to a Proposer who proposed a good faith subcontracting plan, the using agency, the Louisiana Department of Economic Development (LED), or the Office of State Procurement (OSP) may audit Contractor to determine whether Contractor has complied in good faith with its subcontracting plan. The Contractor must be able to provide supporting documentation (i.e., phone logs, fax transmittals, letter, e- mails) to demonstrate its good faith subcontracting plan was followed. If it is determined at any time by the using agency, LED, or the OSP Director that the Contractor did not in fact perform in good faith its subcontracting plan, the contract award or the existing contract may be terminated. The statutes (La. R.S. 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=671504. The statutes (La. R.S. 39:2001 et. seq.) concerning the Hudson Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=96265. The rules for the Veteran Initiative (LAC 19: VII. Chapters 11 and 15) and for the Hudson Initiative (LAC 19: VIII Chapters 11 and 13) may be viewed at: http://www.doa.la.gov/pages/osp/se/secv.aspx. A current list of certified Veteran-Owned and Service-Connected Disabled Veteran- Owned and Hudson Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification System at: https://smallbiz.louisianaeconomicdevelopment.com http://www.legis.la.gov/Legis/Law.aspx?d=671504 http://www.legis.la.gov/Legis/Law.aspx?d=96265 http://www.doa.la.gov/pages/osp/se/secv.aspx https://smallbiz.louisianaeconomicdevelopment.com/ Page 16 of 63 Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by the Louisiana Department of Economic Development and who have opted to register in the State of Louisiana LAGOV Supplier Portal: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg. This may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network: https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm. When using this site, determine the search criteria (i.e. alphabetized list of all certified vendors, by commodities, etc.) and select SmallE, VSE, or DVSE. 1.9.8 Revenue Proposal The Proposer must submit their Revenue Proposal to the University using ATTACHMENT III: REVENUE PROPOSAL attached herein. Revenue for the University must be proposed as a percentage (%) share of 100% with the Contractor. If Contractor meets the: Net Revenue Minimums to ULM in each year, the Contractor’s share will increase 10% for any revenue earned beyond the Minimums below for that particular year. Net Revenue Minimums: • Year 1: Net revenue to the University- $2,000,000 • Year 2: Net revenue to the University- $2,500,000 • Year 3: Net revenue to the University- $3,000,000 All costs incurred by the Contractor will come out of the Contractor’s own revenue share. Note: For example: The University will share revenue with the Contractor at a ratio of 60% to 40% until the annual minimum is reached. Should the Contractor meet the annual minimums, the share for the remainder of that year will be 50%/50% of any revenue earned beyond the applicable minimum. 1.9.9 Certification Statement The Proposer must sign and submit Attachment I, the Certification Statement. 1.9.10 Outsourcing of Key Internal Controls: Not applicable to this RFP. https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm Page 17 of 63 Number of Copies of Proposals The State requests that twelve (12) copies of the proposal be submitted to the RFP Coordinator at the address specified with the exterior packaging clearly referencing RFP# 50006-081. At least one copy of the proposal shall contain original signatures of those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted if the Proposer is a corporation. The proposal containing original signatures will be retained for incorporation into any contract resulting from this RFP. Technical and Cost Proposals The State requests the above proposals are organized according to the following: • One (1) Original (clearly marked “Original”) and eleven (11) numbered copies of the technical proposal. All should be clearly marked technical proposal. • One (1) Original (clearly marked “Original”) and eleven (11) numbered copies of the cost proposal. All should be clearly marked cost proposal. Additionally, The University requests the following be provided on a flash drive: • One (1) Technical Proposal, Volume I provided as a single file in PDF or Microsoft Word format. The file should be named: RFP #50008-081 Technical Proposal [Proposer Name]. • One (1) Price Proposal, in PDF, Microsoft Word, and/or Microsoft Excel formats, as applicable. See Section 3.1 of this RFP. The file should be named: RFP #50008-081 Price Proposal [Proposer Name]. • One (1) Redacted Technical Proposal, Volume I, if applicable, provided as a single file in PDF or Microsoft Word format. The file should be named: RFP #50008-081 Redacted Technical Proposal [Proposer Name]. The proposal may contain electronic signatures or scans of original signatures of those company officials or agents who are duly authorized to sign proposals or contracts on behalf of the organization. An electronic signature as provided by LAC 4: I.701 et seq. is considered an original signature. The proposal will be retained for incorporation into any contract resulting from this RFP. In the instance of a conflict between the information provided on the proposer’s flash drive and the printed proposal, the printed proposal shall prevail. Page 18 of 63 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response should demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP are also desired. Each Proposer shall be solely responsible for the accuracy and completeness of its proposal. Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The financial proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La. R.S. 44.1 et. seq.) shall be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification. The Proposer shall clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of the proposal sought to be restricted in accordance with the conditions of the legend: “The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, the State of Louisiana shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the State of Louisiana’s right to use or disclose data obtained from any source, including the Proposer, without restrictions.” Page 19 of 63 Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. If the Proposer’s response contains confidential information, the Proposer should also submit a redacted copy of their proposal along with their original proposal. When submitting the redacted copy, the Proposer should clearly mark the cover as such - “REDACTED COPY.” The redacted copy should also state which sections or information has been removed. The proposer should also submit one (1) electronic redacted copy of its proposal on a USB flash drive. The redacted copy of the proposal will be the copy produced by the State if a competing proposer or other person seeks review or copies of the Proposer’s confidential data. If the Proposer does not submit the redacted copy, it will be assumed that any claim to keep information confidential is waived. Proposers must be prepared to defend the reasons why the material should be held confidential. By submitting a proposal with data, information, or material designated as containing trade secrets and/or privileged or confidential proprietary information, or otherwise designated as “confidential”, the Proposer agrees to indemnify and defend (including attorney’s fees) the State and hold the State harmless against all actions or court proceedings that may ensue which seek to order the State to disclose the information. The State reserves the right to make any proposal, including proprietary information contained therein, available to OSP personnel, the Office of the Governor, or other State Agencies or organizations for the sole purpose of assisting the State in its evaluation of the proposal. The State shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. Additionally, any proposal that fails to follow this section and/or La. R.S. 44:3.2. (D)(1) shall have failed to properly assert the designation of trade secrets and/or privileged or confidential proprietary information and the information may be considered public records. Proposal Clarifications Prior to Submittal 1.14.1 Pre-proposal Conference A non-mandatory pre-proposal conference will be held at Thursday, July 27, 2023 at 10:00 AM CST via Zoom using the below dial-in information. https://ulm.zoom.us/j/98014940729?pwd=dGhIWlo3YkcveHVabk5EbzZINks0UT09 https://ulm.zoom.us/j/98014940729?pwd=dGhIWlo3YkcveHVabk5EbzZINks0UT09 Page 20 of 63 Dial In: (312) 626-6799 US Meeting ID: 980 1494 0729 The purpose of the conference shall be for Proposers to obtain clarification of the requirements of the RFP and to receive answers to relevant questions. Any firm or joint venture intending to submit a proposal must have at least one duly authorized representative attend the pre-proposal conference. Although impromptu questions will be permitted and spontaneous answers will be provided during the conference, the only official answer or position of the State will be stated in writing in response to written questions. Potential Proposers should submit all questions in writing even if an answer has already been given to an oral question. After the conference, written questions will be researched and an official response will be posted at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. 1.14.2 Proposer Inquiries Written questions regarding RFP requirements or Scope of Services must be submitted to the RFP Coordinator listed below. Cheri Perkins, RFP Coordinator University of Louisiana at Monroe Purchasing Dept. – Coenen 116 4014 LaSalle Street Monroe, LA 71209 (318)342-5210 Phone perkins@ulm.edu Questions submitted in any other manner or to any other address, email, or telephone number will not be answered. The State will consider written inquiries and requests for clarification of the content of this RFP received from potential Proposers. Written inquiries must be received by the date and time specified in Section 1.6 Schedule of Events. The State shall reserve the right to modify the RFP should a change be identified that is in the best interest of the State. Official responses to all questions submitted by potential Proposers will be posted by the date specified in the Schedule of Events at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. Only Cheri Perkins, or her designee has the authority to officially respond to a Proposer’s questions on behalf of the State. Do not contact other University https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm mailto:perkins@ulm.edu https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm Page 21 of 63 personnel with questions regarding this RFP. Any communications from any other individuals are not binding on the University. Any communications from any other individuals shall not be binding to the State. Note: LaPAC is the State’s online electronic bid posting and notification system resident on the Office of State Procurement website http://www.doa.la.gov/Pages/osp/Index.aspx. In that LaPAC provides an immediate e- mail notification to subscribing Bidders/Proposers that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting. To receive the e-mail notification, Vendors/Proposers must register in the LaGov portal. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg. Help scripts are available on OSP website under vendor center at: http://www.doa.la.gov/Pages/osp/vendorcenter/regnhelp/index.aspx. 1.14.3 Blackout Period The blackout period is a specified period of time during a competitive sealed procurement process in which any Proposer, bidder, or its agent or representative, is prohibited from communicating with any state employee or contractor of the State involved in any step in the procurement process about the affected procurement. The blackout period applies not only to state employees, but also to any contractor of the State. “Involvement” in the procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Proposer Inquiries section of this RFP. All communications to and from potential Proposers, bidders, vendors and/or their representatives during the blackout period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The blackout period will begin upon posting of the solicitation. The blackout period will end when the contract is awarded. In those instances, in which a prospective Proposer is also an incumbent contractor, the State and the incumbent contractor may contact each other with respect to the existing contract only. Under no circumstances may the State and the incumbent contractor and/or its representative(s) discuss the blacked-out procurement. Any bidder, Proposer, or state contractor who violates the blackout period may be liable to the State in damages and/or subject to any other remedy allowed by law. http://www.doa.la.gov/Pages/osp/Index.aspx https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg http://www.doa.la.gov/Pages/osp/vendorcenter/regnhelp/index.aspx Page 22 of 63 Any costs associated with cancellation or termination will be the responsibility of the Proposer or bidder. Notwithstanding the foregoing, the blackout period shall not apply to: • A protest to a solicitation submitted pursuant to La. R.S. 39:1671; • Duly noticed site visits and/or conferences for bidders or Proposers; • Oral presentations during the evaluation process • Communications regarding a particular solicitation between any person and staff of the procuring agency provided the communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or submission of proposals and the proper means of communicating regarding the procurement, but shall not include any substantive matter related to the particular procurement or requirements of the RFP Error and Omissions in Proposal The State reserves the right to seek clarification of any proposal for the purpose of identifying and eliminating minor irregularities or informalities. Changes, Addenda, Withdrawals The State reserves the right to change the schedule of events or revise any part of the RFP by issuing an addendum to the RFP at any time. Addenda, if any, will be posted at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. It shall be the responsibility of the Proposer to check the website for addenda to the RFP. Withdrawal of Proposal A Proposer may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To withdraw a proposal, a written request signed by the authorized representative of the Proposer must be submitted to the RFP coordinator identified in the RFP. Waiver of Administrative Informalities The State shall reserve the right, at its sole discretion, to waive minor administrative informalities contained in any proposal. https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm Page 23 of 63 Proposal Rejection/RFP Cancellation Issuance of this RFP in no way shall constitute a commitment by the State to award a contract. The State shall reserve the right to accept or reject, in whole or part, all proposals submitted and/or cancel this RFP if it is determined to be in the State’s best interest. Ownership of Proposal All materials submitted in response to this RFP shall become the property of the State. Selection or rejection of a proposal shall not affect this right. Cost of Offer Preparation The State shall not be liable for any costs incurred by Proposers prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to this RFP shall be entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the State. Taxes Contractor shall be responsible for payment of all applicable taxes from the funds to be received under contract awarded from this RFP. In accordance with R.S. 39:1624(A) (10), the Louisiana Department of Revenue must determine that the prospective contractor is current in the filing of all applicable tax returns and reports and in payment of all taxes, interest, penalties, and fees owed to the state and collected by the Department of Revenue prior to the approval of the contract by the Office of State Procurement. The prospective contractor shall attest to its current and/or prospective compliance by signing the Certification Statement, Attachment I, submitted with its proposal, and also agrees to provide its seven-digit LDR Account Number to the contracting agency so that the prospective contractor’s tax payment compliance status may be verified. The prospective contractor further acknowledges understanding that issuance of a tax clearance certificate by the Louisiana Department of Revenue is a necessary precondition to the approval and effectiveness of the contract by the Office of State Procurement. The contracting agency reserves the right to withdraw its consent to the contract without penalty and proceed with alternate arrangements should the vendor fail to resolve any identified apparent outstanding tax compliance discrepancies with the Louisiana Department of Revenue within seven (7) days of such notification. Page 24 of 63 Determination of Responsibility Determination of the Proposer’s responsibility relating to this RFP shall be made according to the standards set forth in LAC 34:2536. The State must find that the selected Proposer: • Has adequate financial resources for performance or has the ability to obtain such resources as required during performance. • Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them. • Is able to comply with the proposed or required time of delivery or performance schedule; • Has a satisfactory record of integrity, judgment, and performance; and • Is otherwise qualified and eligible to receive an award under applicable laws and regulations. Proposers should ensure that their proposals contain sufficient information for the State to make its determination by presenting acceptable evidence of the above to perform the contracted services. Use of Subcontractors The State shall have a single prime Contractor as the result of any contract negotiation, and that prime Contractor shall be responsible for all deliverables specified in the RFP and proposal. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements, however, shall acknowledge in their proposals total responsibility for the entire contract. If the Proposer intends to subcontract for portions of the work, the Proposer shall identify any subcontractor relationships and include specific designations of the tasks to be performed by the subcontractor. Information required of the Proposer under the terms of this RFP shall also be required for each subcontractor, if requested by the State. The prime Contractor shall be the single point of contact for all subcontract work. Unless provided for in the contract with the State, the prime Contractor shall not contract with any other party for any of the services herein contracted without the express prior written approval of the State. Written or Oral Discussions/Presentations Written or oral clarifications may be requested for the purpose of enhancing the University’s understanding of a proposal element, eliminating minor irregularities, or correcting apparent clerical mistakes in a proposal. Written or oral discussions may be Page 25 of 63 conducted with Proposers who submit proposals determined to be reasonably susceptible of being selected for award. Any commitments or representations made during discussions, if conducted, may become formally recorded in the final contract. However, proposals may be accepted without such clarifications or discussions and award may be made on the basis of initial offers received. Therefore, proposals should be complete as submitted and reflect the most favorable terms available. Proposers may be requested to make oral presentations of their proposals to enhance the University’s understanding prior to the final selection of the successful Proposer. These Proposers will be notified by the University’s Financial Service’s Division on or before the date specified in the RFP, Section 1.6, Schedule of Events. If oral presentations are required, the original scores may be adjusted to reflect information received in the presentation using the same evaluation criteria in Part 3- Evaluation except that the cost score will remain unchanged. Acceptance of Proposal Content All proposals will be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals that are not in compliance will be rejected from further consideration. Evaluation and Selection The evaluation of proposals will be accomplished by an evaluation team, to be designated by the state, which will determine the proposal most advantageous to the state, taking into consideration price and the other evaluation factors set forth in the RFP. The evaluation team may consult subject matter expert(s) to serve in an advisory capacity regarding any Proposer or proposal. Such input may include, but not be limited to, analysis of Proposer financial statements, review of technical requirements, or preparation of cost score data. Best and Final Offers (BAFO) The State reserves the right to conduct a BAFO with one or more Proposers identified by the evaluation committee to be reasonably susceptible of being selected for an award. If conducted, the Proposers selected will receive written notification of their selection, a list of specific items to address in the BAFO, and instructions for submittal. The BAFO negotiation may be used to assist the State in clarifying the scope of work or to obtain the most cost effective pricing available. Page 26 of 63 The written invitation to participate in BAFO will not obligate the State to a commitment to enter into a contract. Contract Award and Execution The State reserves the right to enter into a contract based on the initial offers received without further discussion of the proposals submitted. The State reserves the right to contract for all or a partial list of services offered in the proposals. The RFP, including any addenda added, and the selected proposal shall become part of the contract initiated by the State. The selected Proposer shall be expected to enter into a contract that is substantially the same as the Sample Contract, Attachment II. A Proposer shall not submit its own standard contract terms and conditions as a response to this RFP. The Proposer should submit in its proposal any exceptions or contract deviations that its firm wishes to negotiate. Negotiations may coincide with the announcement of the selected Proposer. If the contract negotiation period exceeds twenty (20) business days, or if the selected Proposer fails to sign the final contract within ten (10) business days of delivery, the State may elect to cancel the award and award the contract to the next-highest-ranked Proposer. Notice of Intent to Award The Evaluation Team shall compile the scores and make a recommendation to the head of the agency on the basis of the responsive and responsible Proposer(s) with the highest score(s). The State will notify the successful Proposer(s) and proceed to negotiate terms for final contract(s). Unsuccessful Proposers will be notified in writing accordingly. The proposals received (except for that information appropriately designated as confidential in accordance with R.S. 44.1 et seq), scores of each proposal considered along with a summary of scores, and a narrative justifying selection shall be made available, upon request, to all interested parties after the “Notice of Intent to Award” letter has been issued. Any person aggrieved by the proposed award has the right to submit a protest in writing to the Chief Procurement Officer within fourteen (14) calendar days after the agency issues a Notice of Intent to award a contract. Page 27 of 63 The award of a contract shall be subject to the approval of the Division of Administration, Office of State Procurement. The State reserves the right to make multiple awards. Right to Prohibit Award In accordance with the provisions of R.S. 39:2192, any public entity shall be authorized to reject a proposal from, or not award a contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or RFP awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, and all contracts under Title 39, Chapter 17 of the Louisiana Procurement Code, including contracts for professional, personal, consulting, and social services. Insurance Requirements for Contractors Insurance shall be placed with insurers with an A.M. Best’s rating of no less than A-: VI. This rating requirement shall be waived for Worker’s Compensation coverage only. 1.32.1 Contractor's Insurance The Contractor shall purchase and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the total contract amount. 1.32.2 Workers Compensation Indemnity In the event Contractor is not required to provide or elects not to provide workers compensation coverage, the parties hereby agree that Contractor, its owners, agents and employees will have no cause of action against, and will not assert a claim against, the State of Louisiana, its departments, agencies, agents and employees as an employer, whether pursuant to the Louisiana Workers Compensation Act or otherwise, under any circumstance. The parties also hereby agree that the State of Louisiana, its departments, agencies, agents and employees shall in no circumstance be, or considered as, the employer or statutory employer of Contractor, its owners, agents and employees. The parties further agree that Contractor is a wholly independent contractor and is exclusively responsible for its employees, owners, and agents. Contractor hereby agrees to protect, defend, indemnify and hold the State of Louisiana, its departments, Page 28 of 63 agencies, agents and employees harmless from any such assertion or claim that may arise from the performance of the contract. Duty To Defend Upon notice of any claim, demand, suit, or cause of action against the State, alleged to arise out of or be related to this Contract, Contractor shall investigate, handle, respond to, provide defense for, and defend at its sole expense, even if the claim, demand, suit, or cause of action is groundless, false, or fraudulent. The State may, but is not required to, consult with or assist the Contractor, but this assistance shall not affect the Contractor’s obligations, duties, and responsibilities under this section. Contractor shall obtain the State’s written consent before entering into any settlement or dismissal. Liability and Indemnification 1.34.1 Contractor Liability Contractor shall be liable without limitation to the State for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. 1.34.2 Force Majeure It is understood and agreed that neither party can foresee the exigencies beyond the control of each party which arise by reason of an Act of God or force majeure; therefore, neither party shall be liable for any delay or failure in performance beyond its control resulting from an Act of God or force majeure. The State shall determine whether a delay or failure results from an Act of God or force majeure based on its review of all facts and circumstances. The parties shall use reasonable efforts, including but not limited to, use of continuation of operations plans (COOP), business continuity plans, and disaster recovery plans, to eliminate or minimize the effect of such events upon the performance of their respective duties under this Contract. 1.34.3 Indemnification Contractor shall fully indemnify and hold harmless the State, without limitation, for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or Page 29 of 63 subcontractors. The Contractor shall not indemnify for the portion of any loss or damage arising from the State’s act or failure to act. 1.34.4 Intellectual Property Indemnification Contractor shall fully indemnify and hold harmless the State, without limitation, from and against damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities in any action for infringement of any intellectual property right, including but not limited to, trademark, trade-secret, copyright, and patent rights. When a dispute or claim arises relative to a real or anticipated infringement, the Contractor, at its sole expense, shall submit information and documentation, including formal patent attorney opinions, as required by the State. If the use of the product, material, service, or any component thereof is enjoined for any reason or if the Contractor believes that it may be enjoined, Contractor, while ensuring appropriate migration and implementation, data integrity, and minimal delays of performance, shall at its sole expense and in the following order of precedence: (i) obtain for the State the right to continue using such product, material, service, or component thereof; (ii) modify the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; (iii) replace the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; or, (iv) provide the State monetary compensation for all payments made under the Contract related to the infringing product, material, service, or component, plus for all costs incurred to procure and implement a non-infringing product, material, or service of at least equal quality and performance. Until this obligation has been satisfied, the Contractor remains in default. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon the State’s unauthorized: i) modification or alteration of the product, material or service; ii) use of the product, material or service in combination with other products not furnished by Contractor; or, iii) use of the product, material or service in other than the specified operating conditions and environment. 1.34.5 Limitations of Liability For all claims against the Contractor not governed by any other provision of this Section, regardless of the basis on which the claim is made, the Contractor's liability for direct damages shall be limited to two times the maximum dollar amount of the Contract. Page 30 of 63 The Contractor shall not be liable for incidental, indirect, special, or consequential damages, unless otherwise specifically enumerated herein, or in a resulting task order or purchase order mutually agreed upon between the parties. In no circumstance shall the State be liable for incidental, indirect, special, or consequential damages; lost profits; lost revenue; or lost University operating savings. 1.34.6 Other Remedies If the Contractor fails to perform in accordance with the terms and conditions of this Contract, or if any lien or claim for damages, penalties, costs and the like is asserted by or against the State, then, upon notice to the Contractor, the State may pursue all remedies available to it at law or equity, including retaining monies from amounts due the Contractor and proceeding against any surety of the Contractor. Payment Payment terms shall be negotiated with the successful Proposer. The University shall be invoiced no earlier than the 7th day of each term and no later than the 14th day of each term. Termination 1.36.1 Termination of the Contract for Cause State may terminate the Contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the Contract; provided the State shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) calendar days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) calendar days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the State may, at its option, place the Contractor in default and the Contract shall terminate on the date specified in such notice. Failure to perform within the time agreed upon in the contract may constitute default and may cause cancellation of the contract. Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the State to comply with the terms and conditions of the contract provided that the Contractor shall give the State written notice specifying the State agency’s failure and a reasonable opportunity for the State to cure the defect. Page 31 of 63 1.36.2 Termination of the Contract for Convenience The State may terminate the Contract at any time without penalty by giving thirty (30) calendar days’ written notice to the Contractor of such termination or negotiating with the Contractor an effective date. Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 1.36.3 Termination for Non-Appropriation of Funds The continuation of the contract shall be contingent upon the appropriation of funds by the legislature to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act of Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds have not been appropriated. Assignment No Contractor shall assign any interest in the contract by assignment, transfer, or novation, without prior written consent of the State. This provision shall not be construed to prohibit the Contractor from assigning to a bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State. Right to Audit The State legislative auditor, federal auditors and internal auditors of the University of Louisiana at Monroe, Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the resulting contract for a period of five (5) years from the date of final payment or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose. Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order Page 32 of 63 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under the contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, disability, or age in any matter relating to employment. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by the Contractor in connection with the performance of the services contracted for herein shall become the property of the State and shall, upon request, be returned by the Contractor to the State, at the Contractor’s expense, at termination or expiration of the contract. Additionally, the University retains exclusive rights to all intellectual property it generates during the contract. Entire Agreement/ Order of Precedence The contract, together with the RFP and addenda issued thereto by the State, the proposal submitted by the Contractor in response to the State’s RFP, and any exhibits specifically incorporated herein by reference, shall constitute the entire agreement between the parties with respect to the subject matter. In the event of any inconsistent or incompatible provisions, this signed agreement (excluding the RFP and the Contractor’s proposal) shall take precedence, followed by the provisions of the RFP, and then by the terms of the Contractor’s proposal. Contract Modifications No amendment or variation of the terms of the contract shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the contract shall be binding on any of the parties. Substitution of Personnel The Contractor's personnel assigned to the Contract shall not be replaced without the prior written consent of the State. Such consent shall not be unreasonably withheld or Page 33 of 63 delayed provided an equally qualified replacement is offered. In the event that any State or Contractor personnel become unavailable due to resignation, illness, or other factors, excluding assignment to a project outside the contract, outside of the State's or Contractor's reasonable control, as the case may be, the State or the Contractor shall be responsible for providing an equally qualified replacement in time to avoid delays in completing tasks. The Contractor will make every reasonable attempt to assign the personnel listed in his proposal. Governing Law The contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana. Venue of any action brought with regard to the contract shall be in the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana. Claims or Controversies Any claim or controversy arising out of the contract shall be resolved by the provisions of Louisiana Revised Statutes 39:1672.2-1672.4. Code of Ethics Proposers shall be responsible for determining that there will be no conflict or violation of the Louisiana Ethics Code if their company is awarded the contract. The Louisiana Board of Ethics shall be the only entity which can officially rule on ethics issues. Corporate Requirements If the Contractor is a corporation not incorporated under the laws of the State of Louisiana, the Contractor shall have obtained a certificate of authority pursuant to R. S. 12:301-302 from the Louisiana’s Secretary of State. If the Contractor is a for-profit corporation whose stock is not publicly traded, the Contractor shall ensure that a disclosure of ownership form has been properly filed with the Louisiana’s Secretary of State. Prohibition of Discriminatory Boycotts of Israel In accordance with La. R.S. 39:1602.1, the following applies to any Proposal with a value of $100,000 or more and to Proposers with five (5) or more employees: By submitting a response to this solicitation, the Proposer certifies and agrees that the following information is correct: In preparing its response, the Proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions Page 34 of 63 intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israeli-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. The Proposer has also not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The State reserves the right to reject the response of the Proposer if this certification is subsequently determined to be false, and to terminate any contract awarded based on such a false response. . Security Contractor’s personnel shall comply with all security regulations in effect at the State’s premises and externally for materials and property belonging to the State or to the project. Where special security precautions are warranted (e.g., correctional facilities), the State shall provide such procedures to the Contractor, accordingly. Contractor shall comply with the requirements and regulations of the Family Educational Rights and Privacy Act (FERPA), (34 CFR Part 99). The Contractor shall comply with the Office of Technology Services’ Information Security Policy at http://www.doa.la.gov/Pages/ots/InformationSecurity.aspx. 1.49.1 Cybersecurity Training In accordance with La. R.S. 42:1267(B) (3) and the State of Louisiana’s Information Security Policy, if the Contractor, any of its employees, agents, or subcontractors will have access to State government information technology assets, the Contractor’s employees, agents, or subcontractors with such access must complete cybersecurity training annually, and the Contractor must present evidence of such compliance annually and upon request. The Contractor may use the cybersecurity training course offered by the Louisiana Department of State Civil Service without additional cost. For purposes of this Section, “access to State government information technology assets” means the possession of credentials, equipment, or authorization to access the internal workings of State information technology systems or networks. Examples would include but not be limited to State-issued laptops, VPN credentials to access the State network, badging to access the State’s telecommunications closets or systems, or permissions to maintain or modify IT systems used by the State. Final determination of scope inclusions or exclusions relative to access to State government information technology assets will be made by the Office of Technology Services. http://www.doa.la.gov/Pages/ots/InformationSecurity.aspx Page 35 of 63 PART 2: SCOPE OF WORK/SERVICES Scope of Work The Contractor will engage in marketing and promotional activities for the University and the covered online programs, utilizing industry best practices. To ensure effective communication and maintain high standards of quality, a comprehensive marketing plan shall be developed by the Contractor on an annual basis. The marketing plan shall be presented to the Provost and Vice President for Academic Affairs, representatives of the effected colleges, and representatives from Marketing and Communications. Modifications may be implemented during interim periods, subject to the collective consent of the aforementioned group. The Contractor will provide the University with support in the launching of programs under the contract by implementing marketing and recruitment strategies that adhere to industry best practices. The Contractor must work closely with operational groups to develop strategies that align with the goals and objectives of the online programs. This includes providing guidance on best practices and industry standards to ensure that the programs are successful in attracting and retaining students. The Contractor must also assist in project management by working with various departments such as marketing, admissions, and student services to ensure that recruitment, enrollment, and retention efforts are coordinated and effective. The Contractor will provide consultation services to the University on matters related to program design, curricular mapping, and course modality conversion for online delivery. Additionally, the Contractor will assist with the Academic Calendar, including the implementation of multiple start dates. The Contractor will aid in enrollment management by actively seeking out and recruiting new students to ensure a sustainable level of enrollments and financial margins. In the realm of enrollment management, success is predicated on two key factors: new student enrollment and persistence and graduation rates. These metrics are critical for institutions of higher education as they seek to attract and retain students, while also ensuring that they are equipped with the skills and knowledge necessary to succeed in their chosen fields. The Contractor will employ industry-standard techniques for maintaining student enrollment, which will include proactive reenrollment strategies. By utilizing best practices in student retention, the Contractor will be able to create a learning environment that is conducive to academic success and personal growth. Regular quarterly reports are required to showcase achievements in enrollment management. Page 36 of 63 The Contractor shall engage in proactive communication with students concerning enrollment and retention initiatives, as well as the utilization of the learning management systems. The University will receive quarterly updates regarding the progress and achievements of these initiatives. The Contractor will provide periodic evaluations and assessments of tuition and pricing, with corresponding recommendations for adjustments as needed. The University will receive annual tuition rate notifications to aid in its budget preparation process. The criteria will encompass a review of minimum expectations and incorporate targets that have been adjusted in consideration of the University's constraints: • The objective is to achieve a net increase of 500 online students by the end of the contract period. "This goal will consist of achieving an annual increase of 150 new students in year one, followed by a further increase of 325 students in year two. • The University is projected to experience an annual revenue growth of $4.0 million by the end of the contract term, with incremental successes of $2.0 million in the first year and $3.0 million in the second year. • The annual persistence and completion rates are expected to reach 85% by the end of the contract period. • By the end of the contract, the identified programs will ensure a 95% employment rate for their graduates within six months of graduation. The University will receive quarterly progress reports. Meetings will be conducted either face-to-face or by virtual means. An in-person annual performance evaluation will be conducted. Upon completion of the contract, a comprehensive final report will be mandatory and presented in person. Task and Services Marketing, Recruiting, and Promotion: The Contractor shall devise a set of procedures to enlist and register students for every 8-week term in both the fall and spring semesters, as well as each summer term. Enrollment efforts will be monitored by the Contractor to ensure that optimal timing and implementation are followed for achieving the best results. Marketing efforts will encompass emerging technologies and social media tactics, along with effective modern advertising strategies that are appropriate for reaching an online audience. The enrollment process will be carried out in a streamlined manner through effective collaboration with the representatives and offices of the University. Page 37 of 63 Program Development, Support and Implementation: The Contractor will assist in identifying potential opportunities for new degree programs, while the University retains the right to evaluate and approve any recommendations. The Contractor will present their ideas through proposals to the Dean, Representatives of the program, and the Chief Academic Officer of the University. The Contractor is responsible for program development and implementation and will facilitate planning sessions for the introduction, enhancement, decline, or cessation of the program. It is important to identify participants for the sessions in advance and communicate this information to the Chief Academic Officer to ensure attendance. Routine operational sessions will be conducted throughout the duration of the terms to ensure the seamless daily functioning of all course offerings. The rights to all intellectual property generated during the contract period shall remain the sole property of the University. The Contractor is expected to assist in the development of courses by providing guidance on various aspects such as Quality Matters protocols and course format ideas to the University. Academic Support Services: The Contractor will offer suggestions to the University on optimal approaches for handling data traffic, protocols, and records linked to regular enrollment and persistence operations. This will ensure that the University's system can handle the increased workload and maintain accurate records of student information. Tuition rates will be reviewed regularly and implemented to stay competitive within market demands while meeting ULM’s financial goals. Enrollment Management: The Contractor will assist in the enrollment of recruited students and implement effective strategies to ensure a consistent and predictable enrollment environment. The Contractor will provide routine progress reports during operational meetings to evaluate the efficacy of these measures and identify potential new markets for student recruitment. The Contractor will assist the University by utilizing active retention strategies that are informed by current research. It should be noted, however, that students who are recruited by the University will not be subject to the terms of any contractual agreements and will instead be retained in the University's regular accounting system. This approach ensures that the University can maintain its commitment to providing a high-quality educational experience while also implementing effective retention practices. Any information that is shared must comply with the regulations outlined in the Family Educational Rights and Privacy Act (FERPA) (34 CFR Part 99). Additionally, enrollment growth will be closely monitored and aligned with resource allocation strategies. Student Support Services: The Contractor will uphold communication standards in line with industry best practices, aimed at achieving recruitment, retention, and completion Page 38 of 63 goals among students. Additionally, they will offer support in faculty advising within the programs and facilitate the utilization of learning management systems by the students. Deliverables (see previous sections, student information, reporting) The Contractor will furnish semester reports detailing the activities carried out during the period, which shall encompass recruitment, enrollment, student demographics, persistence rates, completion rates, and program performance. Furthermore, the Contractor will provide Annual Reports that encapsulate the Quarterly Reports and outline plans for the subsequent academic year. The Annual Reports shall also evaluate financial performance and proffer recommendations regarding tuition pricing. Technical Requirements Not applicable for this RFP. Project Requirements The project will be overseen by the Office of the Provost at the University of Louisiana at Monroe (ULM). The Contractor is expected to submit all deliverables to the Office of the Provost by the deadlines specified in the agreement. To ensure effective communication and address potential issues, monthly executive meetings will be held between the Provost's Office and the Contractor. Additionally, during each enrollment period, the Contractor will collaborate with the dean's offices that oversee the degree included in the agreement. This collaboration includes working together on course offerings, seat availability, and enrollment issues. Page 39 of 63 PART 3: EVALUATION Proposals that pass the preliminary screening and mandatory requirements review will be evaluated based on information provided in the proposal. The evaluation will be conducted according to the following. The Evaluation Team will evaluate and score the proposals using the criteria and scoring as follows: Criteria Maximum Score Company Background and Experience 22 Approach and Methodology 33 Proposed Staff Qualifications 8 Veteran and/or Hudson Initiative • Up to 10 points available for Hudson- certified Proposers; • Up to 12 points available for Veteran- certified Proposers; • If no Veteran-certified Proposers, those two points are not awarded. See Section 3.2 for details. 12 Cost Component - Revenue Share 25 TOTAL SCORE 100 The proposal will be evaluated in light of the material and the substantiating evidence presented to the State, not on the basis of what may be inferred. For a Proposer to proceed to the Financial Proposal and Veteran and Hudson Initiative evaluation, the Proposer shall achieve a minimum score equivalent to (50%) of the possible points assigned to the Technical Proposal. Any Proposal failing to receive the minimum score at the completion of the detailed evaluation of the technical proposals will not be evaluated further and will be ineligible for award. Proposals not meeting the minimum score shall be rejected and not proceed to further Revenue or Veteran and/or Hudson Initiative evaluation. The scores for the Technical Proposals, Revenue Proposals, and Veteran and Hudson Initiative will be combined to determine the overall score. The Proposer with the highest overall score will be recommended for award. Page 40 of 63 Revenue Evaluation The Proposer with the highest net revenue percentage to the University shall receive 25 points. Other Proposers shall receive revenue points based upon the following formula. CRS = TRP / HPR x 25 Where: CRS = Computed Revenue Score (points) for Proposer being evaluated HPR = Highest Proposed Revenue Percentage to the University of all Proposers TRP = Total Revenue Percentage to the University of Proposer being evaluated Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation A. Twelve percent (12%) of the total evaluation points in this RFP are reserved for Proposers who are certified small entrepreneurships, or who will engage the participation of one or more certified small entrepreneurships as subcontractors. Reserved points shall be added to the applicable Proposers’ evaluation score as follows: B. Proposer Status and Allotment of Reserved Points i. If the Proposer is a certified Veterans Initiative small entrepreneurship, the Proposer shall receive points equal to twelve percent (12%) of the total evaluation points in this RFP. ii. If the Proposer is a certified Hudson Initiative small entrepreneurship, the Proposer shall receive points equal to ten percent (10%) of the total evaluation points in this RFP. iii. If the Proposer demonstrates its intent to use certified small entrepreneurship(s) in the performance of contract work resulting from this solicitation, the Proposer shall receive points equal to the net percentage of contract work which is projected to be performed by or through certified small entrepreneurship subcontractors, multiplied by the appropriate number of evaluation points. iv. The total number of points awarded pursuant to this Section shall not exceed twelve percent (12%) of the total number of evaluation points in this RFP. If the Proposer is a certified Veterans Initiative or Hudson Initiative small entrepreneurship, the Proposer must note this in its proposal in order to receive the full amount of applicable reserved points. Page 41 of 63 If the Proposer is not a certified small entrepreneurship, but has engaged one (1) or more Veterans Initiative or Hudson Initiative certified small entrepreneurship(s) to participate as subcontractors, the Proposer shall provide the following information for each certified small entrepreneurship subcontractor in order to obtain any applicable Veterans Initiative or Hudson Initiative points: i. Subcontractor’s name; ii. A detailed description of the work to be performed; and iii. The anticipated dollar value of the subcontract for the three-year contract term. Note – it is not mandatory to have a Veterans Initiative or Hudson Initiative certified small entrepreneurship subcontractor. However, it is mandatory to include this information in order to receive any allotted points when applicable. If multiple Veterans Initiative or Hudson Initiative subcontractors will be used, the above required information should be listed for each subcontractor. The Proposer should provide a sufficiently detailed description of each subcontractor’s work so the Department is able to determine if there is duplication or overlap, or if the subcontractor’s services constitute a distinct scope of work from each other subcontractor(s). Page 42 of 63 PART 4: PERFORMANCE STANDARDS Performance Requirements The Contractor shall provide Online Program Management Services; Recruitment & Enrollment Services; Financial & Student Support, in addition to assisting the University with the Scope of Work/Services in Part 2, as well as the outlined task and deliverables in the resulting contract. The performance metrics shall align with the current operational demands and institutional requirements of the University. The Contractor will receive the performance metrics during the contract negotiation phase. The performance metrics will consist of: • Monthly executive meetings between the Contractor Representatives, and the Office of the Provost to monitor performance and address issues. • Monthly review meetings will be held between pertinent university personnel and contractor representatives to oversee enrollment and measure student success. • Periodic presentations will be delivered every semester to report on the progress towards achieving enrollment and financial objectives. • Conducting strategic planning for new programs, providing tuition recommendations, and evaluating current program performance. These presentations will be submitted to the Provost's Office and relevant deans for review. • Annual presentations will be submitted to the Provost, Vice President of Business Affairs, and relevant deans on results and achievements during the academic year. Performance Measurement/Evaluation/Monitoring Plan 4.2.1 Performance Measures/Evaluation: Enrollment and income growth will serve as the key performance goals for measuring the successful progress of the contract: • Year 1: $2,000,000 in net revenue to the University; Enrollment increase of 125 students; and Retention rate average of 80% for all programs. • Year 2: $2,500,000 in net revenue to the University; Enrollment increase of 175 students; and Retention rate average of 82% for all programs. • Year 3: $3,000,000 in net revenue to the University; Enrollment increase of 250 students; and Retention rate average of 85% for all programs. Page 43 of 63 4.2.2 Monitoring Plan: The Contractor's progress and successful performance during the contract will be monitored and measured by the ULM’s Office of the Provost and Academic Affairs: • Ensure that the Contractor's monthly deliverables and other contractual obligations are provided in accordance with the negotiated terms of the contract through diligent monitoring. • Oversee the progress of the Contractor's work by conducting monthly meetings, generating written reports and presentations, conducting telephone check-ins, and engaging in email communications as specified in Part 2: Scope of Work/Services. • Conduct a thorough review of all deliverables and submittals, making necessary corrections, and provide approval upon completion. • The Office of the Provost and Academic Affairs will assess the Contractor's performance and determine whether they should continue to be engaged for future contracts with the Board. Upon completion of the contract, the Office of the Provost and Academic Affairs will prepare a comprehensive performance evaluation report Veteran and Hudson Initiative Programs Reporting Requirements During the term of the contract and at expiration, the Contractor will be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor participation and the dollar amount of each. If a contract is awarded to a Proposer who proposed a good faith subcontracting plan, the using agency, the Louisiana De