P22JS002 RFP Payment System for Student Accounts

1 RFP P22JS002 November 4, 2021 REQUEST FOR PROPOSAL PAYMENT SYSTEM FOR STUDENT ACCOUNTS RFP P22JS002 DUE: 2:00 P.M., MST, 12/02/2021 Deadline for Inquiries 2:00 P.M., MST, 11/19/2021 Time and Date Set for Closing 2:00 P.M., MST, 12/02/2021 2 RFP P22JS002 RFP SECTION INDEX SECTION # TITLE 1.0 INTRODUCTION 2.0 DEFINITIONS 3.0 INSTRUCTIONS TO PROPOSERS 4.0 SCOPE OF WORK 5.0 TECHNICAL & ACCESSIBILITY REQUIREMENTS 6.0 PRICING AND PAYMENT 7.0 QUALIFICATIONS/FINANCIAL STATEMENTS 8.0 RFP PROCESS 9.0 EVALUATION CRITERIA 10.0 CONTRACT TERMS AND CONDITIONS 11.0 CERTIFICATIONS AND FORMS EXHIBITS EXHIBIT 1 PROPOSAL FORMAT EXHIBIT 2 PRICING PROPOSAL EXHIBIT 3 CERTIFICATIONS EXHIBIT 4 TERMS AND CONDITIONS 3 RFP P22JS002 1. INTRODUCTION 1.1. University Background. The University is a fully accredited State of Arizona institution of higher education. Additional information on the University is available at the following link-

href="https://nau.edu/Institutional-Research/Quick-Facts/." target="_blank">https://nau.edu/Institutional-Research/Quick-Facts/. 1.2. Proposal Background 1.2.1. The University is requesting sealed Proposals from qualified Proposers for a Payment System for Student Accounts which will serve students, faculty, and affiliates. Proposers must be able to process credit cards and ACH transactions securely and must be PCI DSS and NACHA compliant, as well as compliant with all current commerce and credit card security regulations, and accessible for all users. 1.2.2. This RFP is part of a competitive negotiation process intended to allow the University to obtain services as outlined herein in a manner that is most advantageous to the University. This RFP provides the University the flexibility to negotiate with Proposers, if desired, to arrive at a mutually agreeable relationship. Price may weigh heavily in the evaluation process but will not be the only factor under consideration and may not be the determining factor. All Proposals will be considered public records and will be available for review, as allowed by Arizona law and the Code. 1.2.3. It is the University's intent to select the Proposal(s), which are most favorable to the University in all respects, including scope, availability of services, quality of services, reputation, and price. If not otherwise stated herein, multiple Awards may be made or an Award(s) may be made partial, by part, by line item, or by any combination of parts if identified as being in the best interest of the University. 1.2.4. The initial Contract term will be for one (1) year with the possibility of four (4) successive one (1) year renewals, for a total term not to exceed five (5) years. 1.3. Coverage and Participation. Unless objection is submitted with the Proposal, it is the intent of the University that any Award resulting from the RFP be available for use by all departments of the University and any other Arizona University, along with any other educational institution or Governmental entities, to the extent allowed by Arizona law and the Code. 1.4. Communications. All questions or inquires relating to this RFP must be directed to: Jennifer Strones Senior Buyer (928) 523-8045 Jennifer.Strones@nau.edu https://nau.edu/Institutional-Research/Quick-Facts/ 4 RFP P22JS002 2. DEFINITIONS Capitalized terms shall have the meaning set forth in Board Policy 3-801.B https://public.azregents.edu/Policy%20Manual/3-801-General%20Provisions.pdf, with the exception of the following terms which shall have the meanings set forth below in this RFP. 2.1. “ACH” refers to Automated Clearing House. 2.2. “May” or “Should” indicates something that is not mandatory but permissible/desirable. If a Proposer fails to provide recommended information, the University may, at its sole option, ask Proposer to provide the information or evaluate the Proposal without the information. 2.3. “Must,” “shall,” “will” indicates a mandatory requirement. Failure to meet any mandatory requirements may result, in the University’s sole discretion, in the rejection of your proposal. 2.4. “MST” refers to Mountain Standard Time, the time zone in which the University operates. Arizona does not observe Daylight Savings Time. 2.5. “NACHA” refers to National Automated Clearing House Association. 2.6. “PA-DSS” refers to Payment Application Data Security Standard. 2.7. “PCI DSS” refers to Payment Card Industry Data Security Standard. 2.8. “Proprietary Information” refers to trade secrets and other proprietary or confidential information exempt from Arizona’s Public Records Statute pursuant to A.R.S. § 15-1640(A). Contract terms and conditions, pricing, and information generally available to the public are not considered Proprietary Information under the Code (See Code § 3-801(D)(1)). 2.9. “RFP” refers to this request for proposal P22JS002. 2.10. “Successful Proposer” refers to any Proposer selected by the University to receive an Award as a result of this RFP and to enter into a Contract to provide the University with the products or services sought by this RFP. https://public.azregents.edu/Policy%20Manual/3-801-General%20Provisions.pdf 5 RFP P22JS002 3. INSTRUCTIONS TO PROPOSERS 3.1. General Requirements. 3.1.1. The data, specifications, and requirements outlined herein are intended to serve as a general guideline for the University’s requirements. Proposers should submit a fully detailed Proposal that adequately describes the advantages and benefits to the University. Proposers should provide a detailed response to each requirement in this RFP, individually numbered to match each requirement. At a minimum, in such case where a detailed response is not applicable, each Proposer should indicate their ability to comply with and/or agreement to the requirements of this RFP. Proposers are encouraged to provide any additional information that is not specifically identified in this RFP that would assist the University in making its evaluations based upon the disclosed evaluation criteria. 3.1.2. Any Person submitting a Proposal shall be deemed to have read and understand all the terms, conditions and requirements in this RFP. 3.1.3. The Contracts, Purchasing and Risk Management department shall retain this RFP, and all related terms and conditions, exhibits and other attachments, in original form in an archival copy. Any modification of these, in the Proposer’s submission, is grounds for immediate disqualification. 3.1.4. Proposer agrees that the University will not pay for or be responsible for any cost or expense incurred by Proposer in the preparation, submission, presentation, or any other action connected with proposing or otherwise responding to this RFP. 3.1.5. The University reserves the right to reject any or all Proposals or any part thereof, or to accept any Proposal, or any part thereof, or to withhold the Award and to waive or decline to waive irregularities in any Proposal when it determines that it is in its best interest to do so. The University also reserves the right to hold all Proposals after the Opening date and the right to accept a Proposal not withdrawn before Opening. 3.1.6. Proposer may withdraw their Proposal any time prior to Opening. Proposer may request to withdraw their Proposal after Opening and any time prior to selection and notice of Award. The University shall have sole authority to grant or deny such a request. In the event the University grants such a request, it may withhold issuing future Requests for Proposals to such Proposer. 3.1.7. All Proposals and accompanying documentation will become the property of the University at the time the Proposals are opened. It will be the Proposer’s responsibility to request that samples be returned to the Proposer and provide a method for doing so at the expense of the Proposer. If such a request is not received and a method of return is not provided, all samples shall become the property of the University forty-five (45) days from the date of Award and may be disposed of in the University’s sole discretion. 6 RFP P22JS002 3.1.8. Collusion with other Proposers or employees thereof, or with any employee of the University, is prohibited and may result in disqualification of the Proposer and/or cancellation of an Award. Any attempt by the Proposer, whether successful or not, to subvert or skirt the principles of open and fair competition may result in disqualification of Proposer and/or cancellation of an Award. 3.1.9. Each Proposer shall ensure that no improper, unethical, or illegal relationships or conflict of interest exists between or among the Proposer, the University, and any other party to this RFP. Without limiting the foregoing, Proposer shall refrain from offering or giving gratuities, in the form of entertainment, gifts or otherwise, to any officer or employee of the State of Arizona with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such Contract. The University reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not Proposer disqualification and/or cancellation of an Award shall result. 3.1.10. If any Proposer or any of the Proposer’s employees, agents, or other representatives participating in this RFP need, or have questions about the University's accommodations for people with disabilities, arrangements can be made by contacting Jennifer Strones at telephone number (928) 523-8045, email address – Jennifer.Strones@nau.edu. Such requests should be made as early as possible to allow time to arrange the accommodation(s). 3.1.11. The University shall have the right to use any ideas that are contained in any Proposal received in response to this RFP, along with any adaptation of such ideas. Selection or rejection of the Proposal shall not affect the University’s right of use. Provided, however, that the University will, in good faith, honor the proprietary and confidential nature of any Proposer information that is enclosed in a separate envelope from the Proposal and clearly designated and conspicuously labeled as set forth in Section 8.4.9 of this RFP. 3.1.12. Any protest of this procurement must comply with the requirements of section 3-809(B) of the Code. 3.1.13. Proposer shall acquire and maintain all necessary permits and licenses and shall adhere strictly to all Federal, State, County, or City laws, codes, regulations, and ordinances as applicable in performing any work under this RFP. 3.1.14. The University is under no obligation whatsoever to honor or observe any information that may apparently conflict with any provision of this RFP, regardless of whether such information is obtained from any office, agent, or employee of the University. Such information shall not affect the Proposer’s risks or obligations under a Contract resulting from this RFP. 3.1.15. Any Proposer exception, stipulation, counter-offer, requirement, and/or other alternative term or condition shall be considered rejected unless specifically mailto:Jennifer.Strones@nau.edu 7 RFP P22JS002 accepted in writing by the University and thereafter incorporated into any Contract resulting from this RFP. 3.2. Attention to Terms and Conditions. Proposers are cautioned to thoroughly understand and comply with all matters covered under the Terms and Conditions section of this RFP. The Successful Proposer is expected to enter into the form of agreement approved by the Board, refer to Section 10. The University terms and conditions included in this RFP, are intended to be incorporated into the Contract. Proposals that are contingent upon any changes to these mandatory terms and conditions may be deemed to be non-responsive and may be rejected. Proposals must state any exceptions taken to the mandatory terms and conditions in detail. 3.3. Project Resources. 3.3.1. The Successful Proposer shall be required to provide the personnel, knowledge, and experience required to maintain an appropriate level of professionalism and coverage for performance of requirements outlined herein. The University reserves the right to review Proposer’s staff assigned for relevant qualifications and experience. 3.3.2. Proposals shall include a list of proposed personnel with resumes specifying qualifications and relevant experience. Describe assignment of account representatives and/or key personnel. 3.3.3. Proposer may be required to conduct relevant and appropriate background checks and fingerprinting according to the University’s policies on all assigned employees and new hires to ensure that it does not assign any employee or agent to the University who may reasonably be considered to pose a threat to the safety or welfare of the University community or its property. Proposer will share background check information and other supporting documentation including disciplinary action for any employee, upon written request by the University. 3.3.4. Proposer may subcontract installation, training, warranty, or maintenance service with prior University authorization. Proposal shall list and describe any subcontractor’s qualifications and relevant experience and describe how Proposer guarantees subcontractor performance. The Successful Proposer shall remain solely responsible for the performance of a resulting Contract from this RFP. All University payments for services shall be made directly to the Proposer. 3.3.5. The University reserves the right to inspect Proposer’s facilities prior to Award or any time throughout the term of the Contract. 3.4. Small Businesses. The University is committed to the development of Small Business and Small Disadvantaged Business (“SB & SDB”) suppliers. If subcontracting (Tier 2 and higher) is necessary, Proposer (Tier 1) will make commercially reasonable efforts to use SB & SDB in the performance of any Contract resulting from this RFP. Proposals should include a description of the https://nau.edu/university-policy-library/hr_1-085/ 8 RFP P22JS002 Proposer’s efforts to solicit SB & SDB participation in providing the services. 3.5. Substitute Materials. Unless specifically stated to the contrary, any manufacturer's names, trade names, brand names or catalog numbers used in the specifications of this RFP are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any Proposal and is included in order to advise on the University’s needs. Any Proposal, which proposes like quality, design or performance, will be considered. 3.6. Performance and Payment Bonds. Contractor will provide and pay for performance and payment bonds. Bonds will cover the faithful performance (100%) of the Contract and the payment of all obligations (100%) thereunder, in such form as the University may prescribe. Contractor will deliver the required bonds to the University not later than the date of executing the Contract. Contractor will require the attorney in fact who executes the required bonds on behalf of surety to affix thereto a certified and current copy of his/her power of attorney indicating the monetary limit of such power. Surety will be a company licensed to do business in the State of Arizona and will be acceptable to the University. Contractor will increase the bond amount to include any change order, at 100% of the total value amount of each change order. 9 RFP P22JS002 4. SCOPE OF WORK The University is seeking detailed and technical Proposals for the purchase of a Payment System for Student Accounts that is a reliable, user-friendly, and secure method to process payments online to include financial reporting options and real-time updates on accounts. 4.1. Proposer to provide the University with a comprehensive hosted solution for a payment system to accommodate student payments and refunding and other commerce services to include but not limited to, electronic student payment processing for credit cards and eChecks, cashiering, and authorized user payment option(s). 4.2. Warranties. 4.2.1. Each Proposal shall state the warranties to be offered by Proposer. 4.2.2. Unless stated elsewhere in this RFP, University expects that Proposer will provide the following warranties, at a minimum: (i) that all of the Contract services will be performed in a professional and workmanlike manner and in conformity with industry standards by persons reasonably suited by skill, training and experience for the type of services they are assigned to perform; (ii) that the Successful Proposer will comply, and will be responsible for ensuring its owner, members, employees, agents, contractors and subcontractors comply, with all applicable federal, state and local laws in the performance of a resulting Contract; (iii) that the Successful Proposer owns or has sufficient rights in all services to be delivered by the Successful Proposer, and the services delivered by the Successful Proposer will not infringe upon or violate any Intellectual Property of any third parties; (iv) that any code or software developed or delivered by the Successful Proposer under a resulting Contract will not contain any viruses, worms, Trojan Horses, or other disabling devices or code; and (v) that in addition to any implied warranties, all services delivered by the Successful Proposer will conform to the specifications and descriptions created therefor. 4.3. Specifications. 4.3.1. Indicate the ability to provide an invoicing, payment and a refunding platform, to include mobile device abilities and to save payment information for future and restricted payments. 4.3.1.1. If not, describe why or how you may be able to meet this requirement. 4.3.2. Describe process for sending e-bills, on-demand billing options, refunding and chargeback capabilities. 4.3.3. Describe eCheck processing, to include automation capabilities or manual batching. 10 RFP P22JS002 4.4. Performance Standards. 4.4.1. Describe your customer support process during and after implementation. 4.4.2. Indicate ability to provide billing service information within twelve (12) hours of the University’s bill processing request. 4.4.2.1. If not, describe why or how you may be able to meet this requirement. 4.4.3. Indicate ability to provide a dedicated service representative. 4.4.3.1. If not, describe why or how you may be able to meet this requirement. 4.4.4. Describe training necessary to implement and manage the proposed solution, to include but not limited to the University’s technical staff and end users, training documents, technical support and hours of operation. 4.4.5. Provide hours available for students to include afterhours support, to call or live chat for assistance with lost checks, incorrect direct deposit information and technical support. 4.4.6. Provide process to reverse deposits made to a student’s bank account in error. 4.4.7. Describe ticketing system for submitting work/service requests and expected the length of time to receive ticket responses. 4.4.7.1. Indicate prioritization of work/service requests and provide detailed explanation. 4.5. Additional Services. Proposer may offer additional goods and/or services not specifically requested in this RFP, including associated costs. The University shall determine, in its sole discretion, which additional goods/service options are the most beneficial from both a cost and service standpoint, and may further negotiate these options to include or omit, at any time throughout the Contract or any renewal term, dependent on the needs of the University. 4.6. Quality Assurance Plan. Upon request, Proposers shall provide a quality assurance plan that details the methods by which the Proposer guarantees performance. 4.7. Sustainability. 4.7.1. The University is committed to buying products with recycled content or environmentally sustainable alternatives. Identify all environmentally sustainable features and supply all relevant specifications of offered products. Include in the Proposal, information regarding Proposer’s overall sustainable efforts. 11 RFP P22JS002 5. TECHNICAL & ACCESSIBILITY REQUIREMENTS 5.1. General Requirements 5.1.1. Indicate if the vendor solution is certified by the IMS Global Learning Consortium. 5.1.1.1. If not, describe why or how you may be able to meet this requirement. 5.1.2. Indicate whether or not the proposed solution meets the Web Content Accessibility Guidelines 2.0 at the AA Level. 5.1.2.1. If you do not meet guidelines, please provide a roadmap of what you are doing to become conformant. 5.1.3. Indicate whether or not the proposed solution is compliant with Section 508. 5.1.3.1. If you do not meet Section 508, please provide a roadmap of what you are doing to become conformant. 5.1.4. Optionally, for additional information Responder may provide one or more of the following accessibility documents for the version of the product Offered. If offered, you will be required to provide 18.3.1 an Accessibility Conformance Report (ACR), which is a completed Voluntary Product Accessibility Template (VPAT) prior to completion of the contract. 5.1.4.1. An Accessibility Conformance Report (ACR), which is a completed Voluntary Product Accessibility Template (VPAT). 5.1.4.2. A completed checklist for conformance to Web Content Accessibility Guidelines. 5.1.4.3. Any 3rd party results from conformance testing. 5.2. Identity & Access Management 5.2.1. Describe the solutions ability to integrate with single sign-on (SSO) systems such as, CAS, SAML, Shibboleth, social media, Active Directory, etc. 5.2.1.1. Indicate if the solution has the ability to integrate with a 3rd party SSO provider (such as Okta). 5.2.2. Describe the solutions ability to use separate authentication methods for different populations such as but not limited to students vs parent. 5.2.3. Indicate and describe whether the solution supports Multifactor Authentication platforms such as DUO . 5.2.3.1. If not, describe why or how you may be able to meet this requirement. http://www.imsglobal.org/ http://www.imsglobal.org/ https://www.w3.org/TR/WCAG20/ https://www.w3.org/TR/WCAG20/ https://www.section508.gov/ https://section508.gov/buy/request-accessibility-information https://www.section508.gov/sell/vpat https://duo.com/ 12 RFP P22JS002 5.2.4. Describe how user accounts are removed or de-provisioned from the proposed solution and if this is an automated or manual process. 5.3. Compliance & Information Assurance 5.3.1. The proposed solution must have the ability to handle data in ways that are compliant with all applicable laws, regulations, and standards. Please list the applicable laws, regulations, and standards to which the vendor solution complies. 5.3.2. Indicate whether or not the vendor solution has the ability to demonstrate compliance by providing a current Payment Card Industry Data Security Standard (PCI DSS) Attestation of Compliance (AOC) or a current listing in the Visa Global Registry of Service Provider. 5.3.3. Optionally and if the solution is vendor hosted and/or cloud based, provide one or more of the following security documents for the version of the product Offered: 5.3.3.1. Cloud Vendor Questioner (NAUVAT), required before the execution of a Contract. 5.3.3.2. Proof of acceptance into the Cloud Security Alliance (CSA). 5.3.3.3. A completed Service Organization Control 2 (SOC2) report. 5.4. Application Architecture 5.4.1. List the integration methods the proposed solution supports (i.e., API, XML, flat file, tincan, etc.). 5.4.1.1. Describe how your solution can integrate with PeopleSoft Campus Solutions 9.2 and PeopleSoft Financials 9.1. 5.4.2. Indicate whether or not the vendor solution must allow for customization such as but not limited to UI, branding, theme, field properties, and values. 5.4.3. Provide the integration capabilities of the proposed solution with other mobile technologies such as but not limited to MODO. 5.5. Desktop Architecture 5.5.1. Describe if the proposed solution requires a client component. 5.6. Network & Operating Environment 5.6.1. Describe the ability for the proposed solution to maintain multiple operating environments for development, testing, training and production. https://in.nau.edu/wp-content/uploads/sites/162/2018/09/NAU-HECVAT-Lite-ek.xlsx https://cloudsecurityalliance.org/ https://www.aicpa.org/content/dam/aicpa/interestareas/frc/assuranceadvisoryservices/downloadabledocuments/trust-services-criteria.pdf 13 RFP P22JS002 5.7. Security Operations Center 5.7.1. Describe the ability for the proposed solution to provide summarized and detailed reports on user access, usage and audit logs. 5.7.2. Describe the ability for the proposed solution to provide access to audit trails for only the users with proper security based upon the user’s security profile. 5.7.3. Describe the ability for the proposed solution to allow the audit trail to have a date/time stamp to the nearest second. 5.7.4. Describe the ability for the proposed solution to provide data input validation and error messages. 5.7.5. Describe the ability for user access within the proposed solution to be customized to allow read-only access, update access, or no-access to specific types of records, record attributes, components, and/or functions. 5.7.6. Describe or provide a reference to how user security administration is performed within the proposed solution. 5.7.7. Provide overall system and/or application architecture diagrams including a full description of the data communications architecture for all components of the system. 5.8. Reporting 5.8.1. List and describe available reports to include but not limited to canned reports. 5.8.2. Indicate whether or not the proposed solution has the ability to generate reports directly to HTML, CSV, XLSX and/or PDF formats. 5.8.2.1. If not, describe why or how you may be able to meet this requirement. 5.8.3. Indicate whether or not the proposed solution has the ability to create or modify existing standard reports based on appropriate security permissions. 5.8.3.1. If not, describe why or how you may be able to meet this requirement. 5.8.4. Indicate whether or not the proposed solution has the ability to schedule reports to run automatically. 5.8.4.1. If not, describe why or how you may be able to meet this requirement. 5.8.5. Indicate whether or not the proposed solution has the ability to distribute reports electronically such as but not limited to via email and/or to defined users. 5.8.5.1. If not, describe why or how you may be able to meet this requirement. 14 RFP P22JS002 5.9. Vendor Support 5.9.1. Indicate ability to guarantee of at minimum 99.99% uptime, scheduled maintenance notwithstanding. 5.9.1.1. If not, describe why or how you may be able to meet this requirement. 5.9.2. Indicate whether the proposed solution has the ability to allow for flexible service outage times, not limited to normal working hours. 5.9.2.1. If not, describe why or how you may be able to meet this requirement. 5.9.3. Provide details on the support model(s) for the proposed solution including an escalation path for incident resolution. 5.9.4. Describe the patch management strategy of the vendor organization to include who is responsible for administering upgrades/patches, how often applied, and notifications to customers 5.9.5. Indicate whether or not the proposed solution has the ability to provide for Disaster Recovery at both the Application (configuration) and Database level. 5.9.5.1. If not, describe why or how you may be able to meet this requirement. 15 RFP P22JS002 6. PRICING AND PAYMENT 6.1. Proposer shall submit a detailed cost proposal in the format found in Exhibit 2 to include all aspects of providing the scope of work associated with this RFP. 6.2. Any pricing and/or revenue offerings in a Proposal may be considered a final offer by the University, whether stated as amounts or percentages, and/or whether or not offered on an all-or-none basis, unless otherwise specified in the Proposal. The University may accept or reject in part or entirely a Proposal’s pricing and/or revenue offerings, unless otherwise specified in the Proposal. A Proposal’s pricing and/or revenue offering may not be modified after Opening unless the University, at its sole discretion, permits such modification. The University may reject any Proposal in which the pricing and/or revenue offering does not conform to the prescribed manner and method in this RFP. 6.3. Method of Payment & Discount for Early Payment. The University’s preferred method of payment is via credit card. Each Proposal shall indicate whether Proposer will: 6.3.1. Accept payment via credit card at the time of purchase without assessing credit card fees; 6.3.2. Offer an early payment discount (and describe the offering); 6.3.3. Offer an early payment discount if paid via credit card; 6.3.4. Accept payment via a Single Use Account when the invoice is processed through Accounts Payable. A Single Use Account is a card-based payment solution that acts like a check by providing a 16-digit virtual account number for each payment. 7. QUALIFICATIONS/FINANCIAL STATEMENTS The University is soliciting Proposals from Persons which are in the business of providing services as listed in this RFP. Failure to include any requested information may be grounds for rejection of the Proposal. 7.1. Prior Experience. Proposals shall present a corporate history/management summary and evidence that the Proposer and/or its officers have been engaged for a minimum of three (3) years in providing similar products and services as described herein. Proposer may also describe Proposer’s growth for the past three (3) years. 7.1.1. Describe any restructuring, mergers, and/or downsizing that has occurred over the past three (3) years or is anticipated in the next two (2) years. 7.1.2. Detail Proposer’s experience with similar/like projects. 7.2. Financial Statements. The University may request Proposer to provide the last two (2) years of financial statements using the following: 16 RFP P22JS002 7.2.1. Proposers who have audited financial statements are to provide audited financial statements for the two (2) most recent available years. If the financial statements are intended to be confidential, submit one (1) copy in a separate sealed envelope, marked prominently with the Proposer’s name and the phrase, “Confidential – Financial Statements.” 7.3. Disputes/Litigation. 7.3.1. Describe the material issues of any current patent or copyright lawsuits or any other legal actions against Proposer including, but not limited to, parties of dispute, description of technology involved, equipment affected, jurisdiction, and date of legal complaint. 7.3.2. Describe litigation disputes for the past 5 years related to similar projects or Proposer’s ability to perform. 7.4. Proposer References. 7.4.1. Provide, at minimum, three (3) references, not including the University, identifying firms with requirements similar to those of the University. Provide the name of the firm, contact person, email and the telephone number. 7.4.2. The University may, but is not required to, contact the provided references and/or additional references not provided by Proposer. The University may give preference to those references that are most similar to the University. 7.4.3. Provide list of schools/universities with PeopleSoft Campus Solutions and Financials that you have integrated with. 7.4.3.1. Indicate relationship with PeopleSoft/Oracle and commitment to serving PeopleSoft clients long-term. 17 RFP P22JS002 8. RFP PROCESS 8.1. Intent / Right to Terminate and Recommence RFP Process. The University intends to enter into a Contract with one or more Proposers whose Proposal(s) are considered to be in the best interests of the University. However, the University may terminate this RFP process at any time up to notice of Award, without prior notice, and without liability of any kind or amount. Further, the University reserves the right to commence one or more subsequent RFP processes seeking the same or similar products or services covered hereunder. 8.2. Communications Regarding the RFP. 8.2.1. No department, school, or office at the University has the authority to solicit or receive official Proposals other than Contracts, Purchasing and Risk Management. All solicitations are performed under the supervision of the Chief Procurement Officer and in accordance with University’ policies and procedures. 8.2.2. Any and all questions regarding this RFP shall be directed to the Purchasing unit of Contracts, Purchasing and Risk Management and to no other office or individual at the University. Any Proposer who improperly attempts to communicate with unauthorized University personnel regarding the RFP may face disqualification at the discretion of the University. 8.2.3. All formal inquiries or requests for significant or material clarification or interpretation, or notification to the University of errors or omissions relating to this RFP must be in writing, and directed by email to: Jennifer Strones. All formal inquiries must be submitted at least seven (7) business days before the time and date set for closing this RFP. Failure to submit inquiries by this deadline may result in the inquiry not being answered. Addenda will be posted to the University’s bid board at https://in.nau.edu/contracting-purchasing- services/nau-bid-board/, it is the responsibility of the Proposer to obtain any addenda to this RFP. Failure to receive addenda shall not constitute a basis for claim, protest, or reissuance of the RFP. 8.2.4. The University may answer informal questions orally. The University makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to quickly provide minor clarifications. Oral statements or instructions shall not constitute an addendum to this RFP. Proposer shall not be entitled to rely on any verbal response from the University. 8.3. Schedule of Events. The following is the schedule that will apply to this RFP, but may change in accordance with the University's needs. 11-04-2021 Issuance of RFP 11-19-2021 Technical Questions/Inquiries due no later than 2:00 PM/MST 12-02-2021 RFP is Due December 2, 2021 no later than 2:00 PM, MST https://in.nau.edu/contracting-purchasing-services/nau-bid-board/ https://in.nau.edu/contracting-purchasing-services/nau-bid-board/ 18 RFP P22JS002 12-13 to 17-2021 Proposer Presentations, (if necessary) 12-23-2021 Complete Evaluations 01-06-2022 Award Notification 01-20-2022 Receipt of Bonds and Insurance 02-01-2022 Implementation 05-01-2022 Projected Go Live with Contractor 8.4. Submitting Proposals. 8.4.1. All Proposals shall be submitted, and all communications with University shall be made in accordance with the terms of this RFP. 8.4.2. Proposals are to be addressed and delivered to to the NAU Office of the Associate Vice President of Procurement, Northern Arizona University, Building 98B, Box 4124, 545 E. Pine Knoll Drive., Flagstaff, AZ 86011-4124 on or before before 2:00 P.M., Arizona Local Time, on Thursday, December 2, 2021 at which time a representative of University will announce publicly the names of those firms or individuals submitting Proposals. No Proposals will be accepted after this time. No other public disclosure will be made regarding the RFP until after issuance of a notice of intent to Award or notice of Award of the Contract. No telephone, electronic or facsimile proposals will be considered. Conditional Proposals shall not be considered. If responding by United States Postal Services mail, allow additional time for on-campus delivery. Proposals will be opened at the Zoom meeting identified below. Proposals received after Opening will be returned to the Proposer unopened. Join Zoom Meeting: Link: https://nau.zoom.us/j/82306355098 Topic: Bid Opening for RFP P22JS002 Day and Time: Date December 2, 2021, 02:00 p.m., Local Arizona Time Meeting ID: 823 0635 5098 Password: 386274 Dial by PHONE: 1-669-900-6833 US 877-853-5247 US Toll-free 8.4.3. Proposal shall be submitted in the format shown in Exhibit 1. Proposals in any other format may be rejected. Proposals should include page numbers. The University reserves the right to reject, without prior notice, any Proposal that it deems overly complex, disorganized, or difficult to evaluate. The University reserves the right to make such a decision without any input or communication from any other party. https://nau.zoom.us/j/82306355098 19 RFP P22JS002 8.4.4. The University may, at its sole option, ask the Proposer to provide information that is not included in the Proposal or evaluate the Proposal as submitted. 8.4.5. Proposals shall be signed by an individual with authority to bind the Proposer. The University may reject any Proposal if it is not signed as indicated and/or required by the areas, spaces, or forms provided within this RFP. 8.4.6. Proposers are to submit one (1) original Proposal to the University, in hardcopy form, along with one (1) copy in electronic form, on a CD, flash drive or other removable storage device, in either Microsoft Word or as an Adobe PDF file. 8.4.7. Proposals must be submitted in a marked and sealed container (e.g. an envelope or box) and the exterior of the container must clearly and conspicuously display the following identifying information in addition to any other information otherwise required for transmittal: 1) the Name of the Proposer; 2) Title of Proposal; 3) RFP Number; and 4) Date and Time Proposals are Due. 8.4.8. Proposer is encouraged to use recycled paper and double-sided copying for the production of all printed and photocopied Proposal documents. 8.4.9. As a public institution that is subject to Arizona’s Public Records laws, the University discourages Proposers from submitting confidential and/or proprietary information to the University. If the Proposer needs to submit confidential or proprietary information with its Proposal, the Proposer must submit such information in a separate envelope from the Proposal and clearly and conspicuously mark the submittals as “Confidential/Proprietary Information.” The University will have sole discretion to determine whether any submitted information is actually confidential and/or proprietary. The envelope must also contain the reason(s) why the enclosed material is to be considered confidential or proprietary if deemed confidential by the University. Trade secrets or other proprietary data contained in the proposal documents shall be maintained as confidential in accordance with procedures promulgated by the Procurement Officer and subject to limitations in Arizona or Federal law. Contract terms and conditions, pricing, and information generally available to the public are not generally considered confidential information. Any watermarks, footnotes, or reference to confidential and/or proprietary throughout the Proposal will be disregarded as boilerplate markings. 8.5. Discussions with Proposers. 8.5.1. Following the Opening of the Proposals, the University may conduct Discussions, including oral in-person presentations, with Responsible Proposers whose Proposals are determined, by the University, to be reasonably susceptible to being selected for Award. The University also reserves the right to select the most Responsive and Responsible Proposer(s) without further discussion, negotiation, or prior notice. The University may presume that any Proposal is a best-and-final offer. 20 RFP P22JS002 8.5.2. During Discussions provided for by Section 8.5.1, the University may accept revisions of Proposals and negotiate price changes. Selected Proposers participating in Discussions shall be accorded fair treatment with respect to any opportunity for Discussions or revisions of Proposals. If revisions are permitted, all selected Proposers will be invited to submit a final Proposal revision. 8.5.3. During any Discussion period, the University will not disclose any information derived from Proposals submitted, or from Discussions with other Proposers. Once a Contract is executed, the RFP file, and the Proposals contained therein, are in the public record and will be disclosed upon request. 8.5.4. After determining the Proposal(s) that is the most advantageous to the University, the University reserves the right to negotiate, prior to Award, with such Proposer(s) to finalize the terms of the Contract, resolve minor errors, clarify necessary details or responsibilities, obtain the lowest and best pricing, or otherwise as necessary to finalize the Contract. 8.5.5. Notification of Non-Selection. The University reserves the right not to notify Proposers not selected for further consideration or Award. The University may, in its sole discretion, post Awards to its website. 21 RFP P22JS002 9. EVALUATION CRITERIA 9.1. Selection of Successful Proposer. The Award shall be made to the Responsible Proposer whose Proposal is determined to be the most advantageous to the University based on the evaluation factors set forth in this RFP. Price, although a consideration, will not be the sole determining factor. 9.2. Criteria. The evaluation of Proposals will be based on the following criteria with the indicated points possible for each category: 9.2.1. Proposer’s Qualifications, Project Resources (refer to Section 3.3), Proposer References (refer to Section 7.4). 15 Points 9.2.2. Scope of Work (refer to Section 4) 25 Points 9.2.3. Technical and Accessibility Requirements (refer to Section 5) 25 Points 9.2.4. Pricing and Payment (refer to Section 6). 25 Points 9.2.5. Attention to the Terms and Conditions of the RFP (refer to Section 3.2). Points may or may not be assigned to this category, however Proposals that are contingent upon changes to the University’s terms and conditions may, if the University at its sole discretion determines not to accept the alternate terms and conditions, be considered non-responsive. 9.2.6. Overall responsiveness to RFP. 10 Points 22 RFP P22JS002 10. CONTRACT TERMS AND CONDITIONS AND INSURANCE The University will require the Successful Proposer to enter into a written agreement that includes or incorporates the mandatory Terms and Conditions set forth in Exhibit 4 hereto. Proposals that are contingent upon any changes to these mandatory terms and conditions, and insurance requirements may be deemed to be non-responsive and may be rejected. Proposals must state, in detail, any exceptions taken to the terms and conditions included in Exhibit 4. 23 RFP P22JS002 11. CERTIFICATIONS AND FORMS Each Proposal must include the following certifications and forms signed by an individual with authority to bind the Proposer. University forms of certification are attached as Exhibit 3. Failure to include any of the following certifications may result in the Proposal being rejected as nonresponsive Request for Proposal Certification 11.1. Anti-Lobbying Certification 11.2. Certification Regarding Debarment, Suspension, Proposed Debarment and other Responsibility Matters (Mar 1996 as amended) (Applicable to Federal Grants and Contracts >$30k) 11.3. Proposer/Vendor Information Substitute W-9 24 RFP P22JS002 EXHIBIT 1 – PROPOSAL FORMAT In order to facilitate direct comparison, submit Proposal using the following format, listed in order, and index tabbed to match. Failure to follow instructions regarding format may result in rejection of Proposal. Proposal to be limited to ten (50) pages for responses to numbers 6 - 11. Include the following with Proposal: 1. Completed and signed RFP Certification (refer to Exhibit 3). 2. Completed and signed Anti-Lobbying Certification (refer to Exhibit 3). 3. Completed and signed Federal Debarred List Certification (refer to Exhibit 3). 4. Proposer Information (refer to Exhibit 3). 5. Proposer’s Qualifications/Financial Statements (refer to Section 7.). 6. Project Resources (refer to Section 3.3). 7. Proposer References (refer to Section 7.4). 8. A detailed technical Proposal (refer to Section 4). 9. Attention to the Terms and Conditions of the RFP (refer to Section 3.2). 10. Pricing and Payment Proposal (refer to Section 6). RFP P22JS002 25 EXHIBIT 2 - PRICING PROPOSAL 1. Itemize the total cost of proposed solution(s): 1.1. Implementation $___________Total 1.2. Bonds $ Total 1.3. Shipping, if applicable $ Total 1.4. Installation $ Total 1.5. Other fees, not listed (additional line may be added) $___________ 1.6. If applicable, include those items that are needed for implementation. 1.7. Provide total costs for Year 1, 2, 3, 4,and 5, utilizing the format of the following table adding additional rows as necessary (Notate whether an item is Required (R), Optional (O), or Advisable (A)) Description: Required (R') Optional (O) Total Cost Total Cost Total Cost Total Cost Total Cost Total Cost Item Advisable (A) Year 1 Year 2 Year 3 Year 4 Year 5 Years 1-5 2. Software Licensing Model: Indicate software licensing model (transaction based, monthly, server-based, number of users) that is associated with each software product/service. Explain how pricing is determined for each item. RFP P22JS002 26 Estimated Subtotal Estimated cost Number of Hourly Hours X Travel and Total Cost $ Pricing for Services Hours Rate Rate Materials Implementation Training Functional Consulting Technical Consulting Customization/Integration Services Project Management Annual Subscription Service Other RFP P22JS002 27 EXHIBIT 3 – CERTIFICATIONS RFP P22JS002 28 REQUEST FOR PROPOSAL CERTIFICATION Date: Contracts, Purchasing, and Risk Management Northern Arizona University The undersigned certifies, pursuant to Arizona Revised Statute 38-503, that to the best of his/her knowledge (check one): There is no officer or employee of Northern Arizona University who has, or whose relative has, a substantial interest in any Contract award subsequent to this RFP. The names of any and all public officers or employees of Northern Arizona University who have, or whose relative has, a substantial interest in any Contract award subsequent to this RFP are identified by name as part of the submittal. The undersigned further certifies, in accordance with Federal Acquisition Regulation 52.209-5, that Proposer (check one) IS or IS NOT currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agrees to notify the University of any change in this status, shall one occur, until such time as an award has been made under this procurement action. The debarred list (List of Parties Excluded from Federal Procurement and Non-Procurement Programs) can be found at: https://www.sam.gov/portal/SAM/#1. In compliance with RFP Number: P22JS002 and after carefully reviewing all the terms and conditions imposed therein, the undersigned agrees to furnish such goods and/or services in accordance with the specifications/scope of work according to the Offer submitted or as mutually agreed upon by subsequent negotiation. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE PROPOSER SHALL SIGN THE PROPOSAL CERTIFICATION http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/38/00503.htm&Title=38&DocType=ARS https://www.sam.gov/portal/SAM/#1 RFP P22JS002 29 ANTI-LOBBYING CERTIFICATION Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007). In accordance with the Federal Acquisition Regulation, 52.203-11: (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The Proposer, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989. (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Proposer shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - RFP P22JS002 30 Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE PROPOSER SHALL SIGN THE ANTI-LOBBYING CERTIFICATION RFP P22JS002 31 FEDERAL DEBARRED LIST CERTIFICATION Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (Dec 2001) In accordance with the Federal Acquisition Regulation, 52.209-5: (a) (1) The Proposer certifies, to the best of its knowledge and belief, that— (i) The Proposer and/or any of its Principals— (A) (check one) Are ( ) or are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (The debarred list (List of Parties Excluded from Federal Procurement and Nonprocurement Programs) is at http://epls.arnet.gov on the Web.) (B) (check one) Have ( ) or have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) (check one) Are ( ) or are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The Proposer (check one) has ( ) or has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification RFP P22JS002 32 will be considered in connection with a determination of the Proposer’s responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE PROPOSER SHALL SIGN THE FEDERAL DEBARRED LIST CERTIFICATION RFP P22JS002 33 PROPOSER INFORMATION NORTHERN ARIZONA UNIVERSITY SUBSTITUTE W-9 & VENDOR AUTHORIZATION FORM Contracts, Purchasing and Risk Management Services 928-523-4557 DO NOT SEND TO IRS RETURN TO NAU Foreign individuals/business entities doing business within the U.S. should complete the Foreign Substitute W-9 available at http://nau.edu/Contracting-Purchasing-Services/Forms/. 1. Taxpayer Identification Number (TIN): ☐Employer ID Number (EIN) ☐Social Security Number (SSN) 2 LEGAL NAME: (must match TIN above) 3. DUNS # (If applicable) 4. LEGAL MAILING ADDRESS: (Where check, tax information, and general correspondence is to be sent) DBA (Doing Business As): Address: Address Line 2: City: State: ZIP Code: 5. Remit to Address: ☐ Same as Legal Mailing Address Address: Address Line 2: City: State: ZIP Code: 6. Contact Name: Phone Number: Email Address: 7. ENTITY TYPE ☐Individual (not a business) ☐ Sole proprietor (Individually owned business) or sole proprietor organized as LLC or PLLC ☐Corporation (NOT providing health care, medical or legal services) ☐Corporation (providing health care, medical or legal services) ☐The US or any of its policital subdivisions or instrumentalities ☐A state, a possession of the US, or any of their policital subdivisions or instrumentalities ☐Tax-exempt organizations under IRC §501 ☐Partnership, LLP or partnership organized as LLC or PLLC 8. Business Purpose: ☐Medical ☐Merchandise ☐Legal ☐Other, Specify: 9. Product or Service Provided/ Purpose of Payment: http://nau.edu/Contracting-Purchasing-Services/Forms/ RFP P22JS002 34 NORTHERN ARIZONA UNIVERSITY SUBSTITUTE W-9 & VENDOR AUTHORIZATION FORM Contracts, Purchasing and Risk Management Services 928-523-4557 DO NOT SEND TO IRS RETURN TO NAU 10. FEDERAL INFORMATION – REQUIRED What is the Federal classification type of your business? – see definitions on link below. (S.B.A. Small Business definition FAR 19.001 and size standards FAR 19.102) http://www.sba.gov/size LARGE Business? YES☐ NO☐ SMALL Business? YES☐ NO☐ Please check all that apply to your business for Federal Supplier Type: Service Disabled Veteran Owned (VD) ☐ Small Disadvantaged (SD) ☐ Women Owned (WO) ☐ Veteran Owned (VO) ☐ Minority Institution (MI) ☐ HUB Zone (HZ) ☐ Note: Supplier type will be verified through the System for Award Management https://www.sam.gov 11. Residency (Select one): ☐ U.S. Person, Includes Resident Alien ☐ Nonresident Alien performing services outside the U.S. 12. CERTIFICATION Under penalties of perjury, I certify that : 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), 2. I am not subject to backup withholding. 3. I am a U.S. person (including a resident alien). Cross ‘3’ if non-resident doing business outside the U.S. 4. I certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from doing business with the federal government. See Federal Acquisition Regulation section 52.209-6 for more information regarding debarment. The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup witholding. Payment Term: Net 30 in accordance with A.R.S. 35-342 PRINT NAME: SIGNATURE: Title: Date: NAU Contact Name and Phone/Email: AN AUTHORIZED AGENT OF THE PROPOSER SHALL SIGN THE VENDOR INFORMATION Northern Arizona University is an Equal Opportunity/Affirmative Action Institution. http://www.sba.gov/size https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/35/00342.htm RFP P22JS002 35 38. Payment Card Industry Data Security Standard. For e-commerce business and/or credit card transactions, Contractor agrees to be bound by the requirements and terms of the Rules of all applicable Card Associations, as amended from time to time and be solely responsible for security and maintaining confidentiality of Card transactions processed by means of electronic commerce up to the point of receipt of such transactions by Bank. Contractor is required to be in compliance with the current or successor standard for Payment Card Industry Data Security Standard “PCI DSS”, Payment Application Data Security Standard “PA DSS” for software and PIN Transaction Security “PCI PTS” for hardware and provide attestation of compliance annually. The technical solution must include the following: 1.1. Contractor maintains their own network operating on their own dedicated infrastructure. Contractor’s network includes a firewall that includes access control rules that separate Contractor’s PCI network from the University and restricts any communication between Contractor’s network devices and the University systems. 1.2. Contractor treats the University network as an untrusted network and encrypts all cardholder data traversing the University network using industry standard encryption algorithms. 1.3. A system where the University has no ability to decrypt cardholder data. Devices must be Secure Reading and Exchange of Data “SRED” and PTS 3.x compliant. Europay, MasterCard and Visa “EMV” compliance is required by October 1, 2015. 43. Performance and Payment Bonds. At the request of the University, Contractor will provide and pay for performance and payment bonds. Bonds will cover the faithful performance (100%) of the Contract and the payment of all obligations (100%) thereunder, in such form as the University may prescribe. Contractor will deliver the required bonds to the University not later than the date of executing the Contract. Contractor will require the attorney in fact who executes the required bonds on behalf of surety to affix thereto a certified and current copy of his/her power of attorney indicating the monetary limit of such power. Surety will be a company licensed to do business in the State of Arizona and will be acceptable to the University. Contractor will increase the bond amount to include any change order, at 100% of the total value amount of each change order. RFP P22JS002 36 SIGNATURES ON FOLLOWING PAGE WHEREFORE, the parties have executed this Contract on the date set forth below. ARIZONA BOARD OF REGENTS CONTRACTOR for and on behalf of Northern Arizona University By__________________________________ By ___________________________________ Name_______________________________ Name _________________________________ Title_________________________________ Title __________________________________ Date_________________________________ Date: _________________________________ RFP P22JS002 37 SAMPLE EXHIBIT A TO CONTRACT FOR GOODS AND/OR SERVICES Scope/Description of Services [Exhibit A will be the agreement of the parties based on the RFP process]. RFP P22JS002 38 SAMPLE EXHIBIT B TO CONTRACT FOR GOODS AND/OR SERVICES Pricing [Exhibit B will represent pricing resulting from the RFP process]. RFP P22JS002 39 EXHIBIT 4 – TERMS AND CONDITIONS Proposals that are contingent upon any changes to these mandatory contract terms and conditions may be deemed nonresponsive and may be rejected. All exceptions must be submitted with justification and alternate language and MUST be submitted with the Proposal. Terms and Conditions The University’s Terms and Conditions are available at Terms and Conditions | Contracts, Purchasing, and Risk Management (nau.edu). Insurance Requirements. Without limiting any liability of or any other obligation of Contractor, Contractor shall procure and maintain (and cause its subcontractors to procure and maintain), until all of their obligations have been discharged or satisfied, including any warranty periods under this Contract, insurance against claims that may arise from or in connection with the performance of work hereunder by Contractor, its agents, representatives, employees or subcontractors, the minimum insurance coverages listed below, unless otherwise agreed to in writing. Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Authorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The University in no way warrants that the above required minimum insurer rating is sufficient to protect the Contractor from potential insurance insolvency. Self-insurance may be accepted in lieu of or in combination with the insurance coverage requested. a. Commercial General Liability of $1,000,000 minimum limit for each occurrence and $2,000,000 general aggregate, to include coverage for bodily injury, property damage, personal and advertising injury, and broad form contractual liability coverage. Each Occurrence $1,000,000 Damage to Rented Premises $50,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Liquor Liability (if applicable) $1,000,000 b. Automobile Liability of $1,000,000 minimum Combined Single Limit each occurrence, to include coverage for bodily injury and property damage for any owned, hired, and/or non-owned automobiles assigned to or used in the performance of this Contract. c. Workers Compensation coverage for all employees which meets Arizona statutory benefits and Employers’ Liability insurance with a minimum limit of $1,000,000 each accident, $1,000,000 disease – each employee, and $1,000,000 disease – policy limit. i. This requirement shall not apply to each Contractor or subcontractor that is exempt under ARS § 23-901 and when such Contractor or subcontractor executes the appropriate form (Sole Proprietor Waiver or Independent Contractor Agreement). https://in.nau.edu/Contracting-Purchasing-Services/Terms-Conditions/ https://in.nau.edu/Contracting-Purchasing-Services/Terms-Conditions/ RFP P22JS002 40 d. Technology Errors and Omissions insurance with minimum limits of $2,000,000 each claim (or each wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall cover any and all errors, omissions, or negligent acts in the delivery of products, services, and/or licensed programs under this Contract. ii. Coverage shall include copyright infringement, infringement of trade dress, domain name, title or slogan. iii. In the event that the Technology Errors and Omissions insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. e. Network Security (Cyber) and Privacy Liability with minimum limits of $2,000,000 each claim (or wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall include, but not be limited to, coverage for third party claims and losses with respect to network risks (such as data breaches, unauthorized access or use, identity theft, theft of data) and invasion of privacy regardless of the type of media involved in the loss of private information, crisis management and identity theft response costs. This should also include breach notification costs, credit remediation and credit monitoring, defense and claims expenses, regulatory defense costs plus fines and penalties, cyber extortion, computer program and electronic data restoration expenses coverage (data asset protection), network business interruption, computer fraud coverage, and funds transfer loss. ii. In the event that the Network Security (Cyber) and Privacy Liability required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. f. Media Liability insurance with minimum limits of $2,000,000 each claim (or each wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall cover any and all errors and omissions or negligent acts in the production of content, including but not limited to plagiarism, defamation, libel, slander, false advertising, invasion of privacy, and infringement of copyright, title, slogan, trademark, service mark and trade dress. ii. In the event that the Media Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy RFP P22JS002 41 shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. g. Commercial Crime Policy or Blanket Fidelity Bond with minimum limits of the average amount of money in possession at any one time. i. Policy shall include but not be limited to: (1) Coverage for all directors, officers, agents, and employees of the Contractor (2) Employee dishonesty including theft, loss, mysterious disappearance, and inventory shortage (3) Money and securities inside/outside (4) Computer fraud (5) Funds transferred (6) Forgery or alteration (7) Coverage shall be extended to third parties ii. Policy shall not contain a condition requiring a conviction or arrest in order to file a claim. iii. Policy shall be endorsed to include the University as Loss Payee. h. Policies for Commercial General Liability and Automobile Liability shall be endorsed to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of Contractor. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits are in excess of those required by this Contract. i. Policies for Commercial General Liability, Automobile Liability, and Workers Compensation shall contain a waiver of subrogation endorsement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of Contractor. j. Such coverage shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by Northern Arizona University, the Arizona Board of Regents, or the State of Arizona shall be excess and not contributory insurance, as provided by ARS §41-621(E). k. With the exception of ten (10) days’ notice of cancellation for non-payment of premium, Contractor’s insurance shall not be permitted to expire, be suspended, be cancelled, or materially changed for any reason without thirty (30) days prior written notice to the University. RFP P22JS002 42 l. Contractor will furnish the University with valid certificate(s) of insurance required by this Contract and coverage must be in effect at or prior to commencement of work under this Contract and remain in effect for the term of this Contract. m. The University’s project or purchase order number and project description will be noted on each certificate of insurance. n. The Certificate Holder shall be listed as “State of Arizona, Arizona Board of Regents and Northern Arizona University”. o. Failure on the part of Contractor to maintain these requirements or provide evidence of renewal, shall constitute a material breach of this Contract upon which the University may immediately terminate this Contract, or, in the University’s sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the University shall be repaid by Contractor to the University upon demand, or the University may offset the cost of the premiums against any monies due to Contractor. p. Costs for coverage broader than those required or for limits in excess of those required shall not be charged to the University. q. The University reserves the right to request and receive proof of insurance and/or certified copies of any or all of the above policies and/or endorsements at any time throughout the term of this Contract. r. Contractor’s certificate(s) of insurance may include all subcontractors as insureds under its policies as required by this Contract, or Contractor will furnish to the University upon request, copies of valid certificates and endorsements for each subcontractor. Coverages for subcontractors will be subject to the minimum requirements identified above.