Retail Electric Power Supply

Page 1 of 34 REQUEST FOR PROPOSAL #1789R (Revisions are listed in RED) TITLE: Retail Electric Power Supply, Kent State University. DATE OF ISSUE: Wednesday, February 2, 2022 SEALED PROPOSALS DUE: Wednesday, March 2, 2022, No Later than 4:30 pm. EDT Proposals must be received via DocuSign and Certificate of Completion must be timestamped “Signed” no later than the date and time specified above. Proposals timestamped after that date and time will be rejected. Proposals are to be submitted in accordance with the enclosed Proposal Instructions and Specifications. There will not be a formal proposal opening. The Procurement Department shall at all times reserve the right to reject any or all proposals, award partial proposals, waive any proposal informalities or irregularities, and request new proposals if doing so is deemed to be in the best interests of Kent State University. Questions pertaining to any specifications contained herein should be directed to: Janet A. Schramm, Strategic

Sourcing Manager Kent State University, Procurement Department 330 Harbourt Hall, 615 Loop Road Kent, Ohio 44242-0001 Phone: 330-672-2276 Fax: 330-672-7904 procurement@kent.edu www.kent.edu/procurement mailto:procurement@kent.edu http://www.kent.edu/procurement RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 2 of 34 TABLE OF CONTENTS 1.0 Project Timeline 2.0 Overview of Kent State University 3.0 Request for Proposal Instructions 4.0 Request for Proposal Agreement Terms 5.0 Request for Proposal Format and Evaluation Criteria 6.0 Request for Proposal Specifications 7.0 Definitions 8.0 Sample of Response Forms 1-9 Attachment A: Electricity Profiles Profile Data Solar Projects Pricing Continued on next page. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 3 of 34 1.0 PROJECT TIMELINE All respondents are expected to adhere to the following timeline in completion of the Request for Proposal process: ● Wednesday, February 2, 2022: RFP Issued ● Monday, February 14, 2022: Questions Deadline Questions may only be e-mailed to: Janet A. Schramm, Strategic Sourcing Manager at jschramm@kent.edu Questions should be submitted in the following format. Section number Paragraph number if applicable Text of passage being questioned Question ● Friday, February 18, 2022: Question Responses posted to the Kent State University Procurement Website https://www.kent.edu/procurement/bids ● Wednesday, March 2, 2022, No Later than 4:30 pm EDT: RFP Qualifications Submittal Due (Submit Qualifications via DocuSign at https://www.kent.edu/procurement/bids ) ● Thursday, March 3, 2022 ~ Friday, March 18, 2022: Preliminary Evaluation* Kent State University will use information from the qualifications summaries to register bidders for the pricing event. Kent State University reserves the right to exclude bidders who are deemed not responsive or not responsible. ● Friday, March 18, 2022: Pricing Event Invitations Sent to Qualified Bidders* Kent State University shall provide written notice to each bidders via email regarding the Bidders inclusion or exclusion from the qualified bidders list. ● TBD, Individually scheduled with each Qualified Bidder: Event Preparation and Training of Bidders* Upon request, Kent State University or its agent shall work with the Bidders to prepare for the pricing event. ● Wednesday, May 25, 2022: Pricing Event Only those bidders on the qualified bidders list will be allowed to participate in the pricing event. ● Wednesday, May 25, 2022 No Later Than 3:00 PM Eastern Daylight Time (EDT): Kent State University Board of Trustees Meeting Approval and Final Evaluation and Award * Estimated dates, subject to change. Continued on next page. mailto:jschramm@kent.edu https://www.kent.edu/procurement/bids https://www.kent.edu/procurement/bids RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 4 of 34 2.0 OVERVIEW OF KENT STATE UNIVERSITY 2.1 Brief Overview of Kent State University: Kent State University is one of 76 public higher-research universities, as categorized by the Carnegie Foundation for the Advancement of Teaching, and is ranked in the top-tier list of Best National Universities by U.S. News & World Report. In a class by itself, Kent State is the only public university in Northeast Ohio ranked in the top tier. With eight campuses spanning Northeast Ohio, a College of Podiatric Medicine, a Twinsburg Academic Center, and academic sites in major world capitals such as New York City, Geneva and Florence, Kent State is one of Ohio’s leading public universities and a major educational, economic and cultural resource far beyond the Northeast Ohio region it has served since 1910. Kent State has a population of more than 38,000+ students, 5,700 full-time and part-time faculty and staff members and 257,000 alumni worldwide. On July 1, 2019, Todd Diacon, Ph.D., became the university’s 13th president. The university’s Kent Campus has a student body of nearly 26,800+ and a thriving residential population of more than 6,600. Its seven regional campuses draw full- and part-time students, now totaling more than 10,000, from across Northeast Ohio: Kent State at Ashtabula; Kent State at East Liverpool; Kent State at Geauga in Burton and the Regional Academic Center in Twinsburg; Kent State at Salem; Kent State at Stark in Canton; Kent State at Trumbull in Warren; and Kent State at Tuscarawas in New Philadelphia. The university has expanded beyond the borders of its regional campuses. Kent State’s College of Podiatric Medicine is located in Independence, near downtown Cleveland, and the university’s Cleveland Urban Design Collaborative, is located in downtown Cleveland. The Collaborative offers architectural and urban design expertise to urban communities, design professionals, and nonprofit and academic partners in Cleveland and Northeast Ohio. In addition, Kent State’s School of Library and Information Science offers the Master of Library and Information Science degree program to residents of central and southern Ohio at its site in the State Library of Ohio in Columbus. Outside of Ohio, located in the heart of the New York City’s Garment District, the Kent State Fashion School’s NYC Studio offers a unique academic experience to further students’ studies in fashion design, fashion merchandising and fashion journalism. Additionally, the university offers more than 200 global education opportunities at its campuses in Florence, Italy, and Geneva, Switzerland; centers in China and India; as well as partnerships with 60 institutes and universities across the globe from Columbia to Vietnam and Germany to Kenya. The Kent Campus is a global education destination in its own right, serving as home to 2,000 students hailing from 104 countries. Kent State is proud of its outstanding faculty and staff, students, collaborative culture, exceptional academic and research orientation, and strong commitment to engagement, academic excellence and diversity. The university offers more than 282 associate and baccalaureate degree programs. Kent State serves the state, the nation and the world through 165 graduate programs. Academic programs are organized into 10 colleges and one independent school: Applied Engineering, Sustainability and Technology; Architecture and Environmental Design; Arts and Sciences; the Arts; Business Administration; Communication and Information; Education, Health and Human Services; Nursing; Podiatric Medicine; and Public Health, as well as the School of Digital Sciences. The addition of new learning environments from the sciences to the arts and the development of exciting new academic programs such as aerospace engineering, geographic information science and business analytics characterize Kent State’s focus on transformational educational experiences. For more information about Kent State, visit www.kent.edu. 2.2. Brief Description of Kent State University Power Plant: Kent State University's Power Plant supplies steam, electricity, and chilled water to the Kent campus. Since the University's early years, centralized steam production has been used to provide heat and cooling to the campus community. Kent State University successfully completed its two-stage, combined heat and power project in 2004. Two generators were installed that together produce 12 megawatts of electricity; over 60,000 pounds of steam per hour and 17,000,000 ton-hours of chilled water, which is distributed to the majority of the University’s Kent Campus. What makes combined heat and power efficient for Kent State is not only their need for power but, the fact that Kent State has a year round need for steam and chilled water. A predictive model based control http://www.kent.edu/ RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 5 of 34 solution from Johnson Controls Inc. was installed and became fully functional in 2017. The solution utilizes data from the Kent Campus JCI Building Automation System. The system known as Central Plant Optimization (CPO), provides operating information for the 2 gas fired turbines of the CHP, 2 boilers and 3 chillers at the Power Plant along with a fleet of electric and steam absorption chillers distributed at 7 chiller plants on campus in a best of class lowest cost directive manner. Continued on next page. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 6 of 34 3.0 REQUEST FOR PROPOSAL INSTRUCTIONS 3.1 Proposal Instruction and Information: In order to receive consideration, companies responding to this RFP are required to submit their proposal via DocuSign at https://www.kent.edu/procurement/bids and the Certificate of Completion must be timestamped “Signed” no later than the date and time specified. Proposals timestamped after that date and time will be rejected. All of section 5 and Forms 1 through 9, must be completed, dated, and signed by a responsible company official, in addition to the information requested of your company. It is the responsibility of the respondent to ensure that all required documentation, as enumerated above, is submitted on time. Any submissions received after the stated date and time, or those that do not contain the required information as enumerated above, will be considered incomplete and unresponsive, and will be disqualified. Instructions, manufacturer’s model or catalog numbers, etc., where shown herein, are for descriptive purposes to guide the proposer in interpretation of the quality, design, and performance desired, and shall not be construed to exclude proposals based on furnishing other types of material or service which may be judged as an acceptable alternate. If the description of your offer differs in any way, you must give a complete detailed description of your quotation including pictures and literature where applicable. Unless specific exception is made, assumption will be that you are submitting a proposal exactly as the specifications of this document require. All prices MUST BE FIRM. Proposers will be expected to deliver on order(s) at the price quoted. This RFP is part of a competitive procurement process which helps to serve the University’s best interests. It also provides contractors with a formal and unrestrictive opportunity for their services to be considered. The process of competitive negotiation being used in this case should not be confused with the process of competitive sealed bidding. The latter process is usually used where the goods and services being procured can be precisely described and price is generally the determinative factor. With a RFP and competitive negotiation, however, price is not required to be the determinative factor, although it may be, and the University has the flexibility to negotiate with one or more contractors to arrive at a mutually agreeable relationship. Check your proposal carefully for it may not be corrected after the proposal has been opened. 3.2 RFP Question and Answer Period: Questions concerning this RFP must be submitted by email to Janet Schramm in the Procurement Department via email at jschramm@kent.edu no later than February 14, 2022. The University evaluation team will review and attempt to answer any and all questions received. All questions and their corresponding answers will be posted to the Kent State University Procurement Website https://www.kent.edu/procurement/bids . 3.3 New Product Lines: Upon written request by the successful proposer, new related product lines not available at the time of proposal bidding, may be added during the course of any agreement resulting from this RFP at like discounts for the represented manufacturers. 3.4 Specifications: Specifications have been based on products familiar to the University and are used for the purpose of description and establishing quality desired. Acceptable alternates will also be considered. 3.5 Exceptions to Specifications: The proposer shall clearly state in the quote any exceptions to, or deviations from, these specifications, terms or conditions; otherwise, the proposer will be responsible for compliance with all requirements listed herein. Proposers shall provide a separate, itemized list of any and all exceptions. Such list must be cross referenced to the corresponding numbered item in this bid. 3.6 Additional Information: In the event that information submitted by the Respondent is unclear to the University, the University may request additional explanation from the Respondent for the purpose of evaluation and decisions. The respondent shall answer requests for additional information or clarification in writing, and these responses will become part of the company’s overall submission. Respondents failing to provide adequate information on any issue in a timely manner to allow a comprehensive evaluation by the University shall be considered unresponsive, and their proposal subject to rejection. https://www.kent.edu/procurement/bids mailto:jschramm@kent.edu https://www.kent.edu/procurement/bids RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 7 of 34 3.7 Verbal Information: Respondents shall NOT base the proposal on verbal information from any employee of the University from the date and time the RFP is received by the proposer, unless otherwise noted elsewhere in the RFP. Any such incident will invalidate the proposal, and bar that particular vendor from receiving a purchase or contract award. In case errors or omissions are found in the proposal document, companies submitting proposals shall at once inform the signee in the Procurement Department who will publish the correction to all companies. 3.8 Evaluation and Contract Award: Selection and award of contract will be made to the supplier(s) whose proposal, in the sole opinion of Kent State University, represents the best overall value to the University. Factors which determine the award are more fully detailed in the specifications, and will include, but will not be limited to, the following: The proposer’s responsiveness to all specifications in the RFP, quality of the proposer’s products and/or services, ability to fulfill the contract, and general responsibility as evidence of past performance. Payment terms and cash discounts will be considered as determining factors in the contract award. Should the total potential spend of the contract resulting from this RFP, inclusive of all possible renewals, exceed or appear to exceed $1.0 million, the final selection will be pending Board of Trustees approval at its next scheduled meeting; and appropriate contract review, approval and execution pursuant to University Policy. Notwithstanding the above, this RFP does not commit the University to enter into any contracts as described in this document. The University reserves the right to reject any or all offers and to waive formalities and minor irregularities in the proposals it receives. 3.9 Proposer Presentations: Proposers submitting proposals which meet the selection criteria and which are deemed to be the most advantageous to the University may be required to give an oral presentation to the University selection team. Scheduling of these oral presentations will be done by the Procurement Department. 3.10 Samples: Requested samples necessary for evaluation must be provided without cost or obligation to Kent State University, and shall become the property of the University. Upon request by the supplier, unless destruction, alteration or retention of the sample is required for evaluation purposes, samples may be returned to supplier at supplier’s expense. 3.11 Rights Reserved: The University reserves, and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the proposal submission, evaluation and selection process under this RFP: • To reject any proposal if, in the University’s sole discretion, the proposal is incomplete or is not responsive to the requirements of this RFP, the Respondent does not meet the Qualifications set forth in the RFP, or it is otherwise in the University’s best interest to do so; • To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more respondents for negotiation or to cancel this RFP with or without issuing another RFP; • To accept or reject specific items or elements in any proposal and award a contract based only on such items or elements if it is deemed in the University’s best interest to do so; • To reject the proposal of any respondent that, in the University’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the University, or is financially or technically incapable or is otherwise not a responsible respondent; • To waive any informality, defect, non-responsiveness and/or deviation from this RFP and its requirements that is not, in the University’s sole judgment, material to the proposal; • To permit or reject at the University’s sole discretion, corrections (including for information inadvertently omitted), of proposals by some or all of the respondents following proposal submission; RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 8 of 34 • To request that some or all of the respondents modify proposals based upon the University’s review and evaluation; • To request additional or clarifying information or more detailed information from any respondent at any time, before or after proposal submission, including information inadvertently omitted by a respondent; • To inspect and otherwise investigate projects performed by the respondent, whether or not referenced in the proposal, with or without the consent of or notice to the respondent; • To conduct such investigations with respect to the financial, technical, and other qualifications of respondents as the University, in its sole discretion, deems necessary or appropriate. • To enter into post-submission negotiations and discussions with any one or more respondents regarding price, scope of services, and/or any other term of their proposals, and such other contractual terms as the IUC-PG (Inter-University Council) www.iucpg.com may require, at any time prior to execution of a final contract. The University may, at its sole election, enter into simultaneous, competitive negotiations with multiple respondents or negotiate with individual respondents seriatim. In the event negotiations with any respondent(s) are not satisfactory to the University, the University reserves the right to discontinue such negotiations at any time; to enter into or continue negotiations with other respondents; and, to solicit new proposals from entities that did not respond to this RFP. 3.12 Valid Proposals: Proposals will be considered valid through May 25, 2022 unless otherwise noted. 3.13 Preferred Invoicing and Payment Methods: The successful proposer must invoice products or services awarded exactly as indicated on a resultant University purchase order, to include cost, unit specified, quantity ordered, item descriptions, etc. The University prefers to receive invoices for goods and services via electronic means. It is the goal of the University to make payment on invoices via Automated Clearing House (ACH) transfer. To that end, please indicate your company's capabilities for electronic invoicing and payment where appropriate in Section 8 of this document. 3.14 Dun and Bradstreet Data: Kent State University reserves the right to request data from Dun and Bradstreet concerning history of company’s financial and payment statistics. Proposals from companies failing to provide the requested data to Dun and Bradstreet will not be considered. 3.15 Supplier Diversity: The University strongly encourages women, minority groups, and EDGE vendors to respond to University Requests for Proposals. Kent State University is committed to a proactive and a comprehensive supplier diversity program that ensures an active and full participation of historically disadvantaged, economically and socially underutilized businesses located within the University's geographic region and beyond with specific attention to include Minority Business Enterprises (MBE), Women-Owned Business Enterprises (WOBE), and State of Ohio EDGE Enterprises Further, Kent State University encourages the participation of women, minority groups, and EDGE vendors in all University contracts. Kent State University therefore requires that all prospective suppliers demonstrate good faith efforts to obtain the participation of minority-owned, women-owned, and EDGE business enterprises in the work to be performed under contract(s) resulting from this RFP. The respondent is required to furnish appropriate information about its effort to include women-owned, minority, and EDGE vendors in the contract, including the identities of such enterprises and the dollar amount supplied under the contract. A listing of Ohio certified minority businesses, as well as the services and commodities they provide, is available from the State of Ohio Minority Business Enterprise Unit. 3.16 Preference to United States and Ohio Products: State of Ohio Am. H.B. 271 requires that preference be given to products produced or mined in the United States and in Ohio http://www.iucpg.com/ RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 9 of 34 3.17 Buy America: Proposals will be evaluated to determine that a proposer’s offering is for a “domestic source end product”, as defined in the Federal Buy America Act, 41 U.S.C.A., section 10a-10d. Any proposer’s offering that does not meet this requirement shall be rejected, except in those circumstances where a determination has been made that certain articles, materials and supplies are not mined, produced or manufactured in the U.S. in sufficient and reasonably available commercial quantities and of satisfactory quality. 3.18 Buy Ohio: Sections 125.09 and 125.11 of the Ohio Revised Code require that in the evaluation of bids, the University give preference to products which are “mined, excavated, produced, manufactured, raised, or grown in the state by a person where the input of Ohio products, labor, skill, or other services constitutes no less then 25% of the manufactured cost”, or products offered by bidders who have a “significant Ohio presence”, defined to mean that the bidders: (1) pay required taxes to the state of Ohio; (2) are registered and licensed to do business in the state of Ohio with the Office of Secretary of State; and (3) have ten or more employees based in Ohio, or seventy-five percent or more of their employees based in Ohio. Any bids meeting the above criteria will be given a preference of up to five (5) percent over the lowest price "non- Ohio" bid submitted; except that such preference will not be applied against vendors from bordering states, provided that the border state imposes no greater restrictions than contained in sections 125.09 and 125.11 of the Ohio Revised Code. Where it has been determined that selection of the lowest Ohio proposer, if any, will not result in an excessive price or a disproportionately inferior product or service, the contract shall be awarded to the low Ohio proposer at the proposal price quoted. Where it is advantageous to award the contract to other than an Ohio proposer or Proposers from a border state, then the contract shall be awarded accordingly. 3.19 H.B. 476, State Contract and Boycotting: Pursuant to R.C. 9.76(B), by responding to this RFP, respondent warrants that it is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the term of any contract that may result from this RFP. Continued on next page. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 10 of 34 4.0 CONTRACT TERMS 4.1 Contract: The following terms and conditions, shall be incorporated in any final contract or purchase order resulting from this RFP except as such terms and conditions are otherwise expressly specified in any such contract or purchase order. 4.2 Term: Contract term for the Group 1 Accounts and the Group 2 Account shall be for up to thirty-four (34) months beginning on the date of the initial meter read in July 2022 until the final meter read in May 2025. 4.3 Termination: Either party may terminate this contract after the expiration of sixty (60) days from the effective date of the contract. Termination may occur by giving the other party ninety (90) days prior written notice of its intent to terminate the contract, except that any breach of this contract shall be just cause for the University to terminate the contract immediately without such prior notice to you. The in case of any termination resulting from breach of contract, the Procurement Department may, at its discretion, prohibit proposer from submitting a proposal on any project at the University for a period of up to three (3) years. 4.4 Choice of Law: This Request for Proposal will be governed, interpreted and construed in accordance with the laws of the State of Ohio. 4.5 Extended Payment Clause: Kent State University may, upon written notice to the proposer receiving the contract, suspend or terminate the unpaid balance of this contract, if the Ohio General Assembly, in a subsequent biennium, fails to appropriate funds making possible the continuation of such payment. 4.6 Vendor Responsibilities: Vendor may not, during the term of the contract, or any renewals or extensions thereof, assign or transfer all or any part of the contract without the prior written consent of the University; and, should Vendor become insolvent, or if proceedings in bankruptcy shall be instituted by or against Vendor the remaining or unexpired portion of the contract shall, at the election of the University, be terminated. 4.7 Value: The contract will not guarantee a specific amount of business, or income and is not an exclusive contract. The University reserves the right to place purchase orders in any manner deemed by the University to be in its own best interest. 4.8 Estimated Requirements: The University in no way obligates itself to purchase the full quantities indicated, but the entire amount of any discount offered must be allowed whether or not the purchases are more or less than the full quantities indicated. The University’s requirements may be greater than or less than the quantities shown, and the Vendor shall be obligated to fulfill all requirements as shown on the purchase orders whose mailing dates fall within the term of the contract. 4.9 Sales Tax: Kent State University is exempt from Ohio sales tax and federal tax and will furnish an exemption certificate upon request. Not withstanding the preceding, Kent State University is required to pay the kWh Use Tax to the State of Ohio. This tax should be included in the host utility tariff charges for the Group 1 Accounts. For the Group 2 Account KSU will attempt to be a kWh Tax Self Assessor whenever possible and will default to paying this charge in the host utility charge if necessary. 4.10 Price and Freight: All pricing must be quoted FOB Destination. Include all freight, transportation, and any applicable handling and/or installation charges necessary to complete delivery on an FOB Destination basis. Please specify if your pricing is quoted delivered or pickup. 4.11 Title and Risk of Loss: Supplier shall retain title and bear the risk of any loss or damage to the items purchased until they are delivered at the specified FOB point; and upon such delivery, title shall pass and supplier’s responsibility for loss or damage shall cease except as resulting from the supplier’s negligence or failure to comply to all stated terms and conditions. Passing of title upon such delivery shall not constitute acceptance of the terms by Kent State University. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 11 of 34 4.12 Payment Terms and Cash Discounts: Kent State University will endeavor to use any cash terms offered, and these could be considered in determining the final net price depending on the discount period. In the event that Kent State University is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the University is entitled to a cash discount with the period commencing on the date it is determined that a cash discount applies. 4.13 Rejection of Goods or Services: All goods or services purchased herein are subject to approval by Kent State University. Any rejection of goods or services resulting because of nonconformity to the terms and specifications of the contract, whether held by the buyer or returned, will be at the proposer’s risk and expense. 4.14 Guarantee and Warranty Requirements: Vendor guarantees all products and installation against any defect in workmanship and/or materials. Full manufacturer’s warranty for labor and materials for all equipment proposed, and a comprehensive list of all authorized service centers must be provided by supplier. List to include the company name, location, and telephone number. 4.15 Product Substitutions: There will be no substitutions of ordered product allowed unless the University has first been notified and permission granted. 4.16 Price Adjustment: Kent State University expects that the contract proposed by the potential bidder will include a change in law provision that covers any new charges due to a change of federal, state, or local regulation including ISO/RTO charges on the transactions covered by this contract that result in new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action taking effect after the contract award date. Provided, of course that no amount of the charge was included in the contract price. 4.17 Audits: With advance notice to Vendor, from time to time during the contract term and for five (5) years after termination of the contract, Kent State University reserves the right to audit Vendor’s performance under, and compliance with the requirements of, the contract. The University will utilize all invoicing and documentation, which relates to Kent State University’s final cost, and internal controls documentation required under the contract including, but not limited to any applicable audit or security assessment reports or certifications such as: SAS 70 or its replacement SSAE 16, SOC 2, or ISO 27001, and copies of any applicable corporate information security policies or other supporting documentation. University personnel from Kent State University Power Plant, Procurement Department, and/or the Auditing Department or other applicable departments may perform these audits. Audit discrepancies must be resolved to the reasonable satisfaction of Kent State University, and the university reserves the right to terminate any contract resulting from this RFP if at any time the audit results are not resolved to its reasonable satisfaction. Vendor must provide access to files and information reasonably necessary, including, but not limited to all cancelled checks, work papers, books, records and accounts upon which invoices are based, and any and all documentation and justification in support of expenditures or fees incurred pursuant to the contract, to validate cost data and internal controls, and assist in the performance of each audit. Audit discrepancies must be resolved to the satisfaction of Kent State University. Kent State University reserves the right to terminate the contract at any time if the audit results are not resolved to meet the requirements of Kent State University. 4.18 Sales Representative: Vendor will provide the name and telephone number of the company sales representative who may be contacted Monday through Friday 8am to 4pm (EST), exclusive of holidays. Company representative shall have primary responsibility for processing and correcting all breaches of this contract and shall be authorized to accept emergency and special orders. Vendor must notify the University when the regular sales representative is on vacation and identify the individual acting in his/her absence. 4.19 Extending Contract: The potential vendor’s response to this RFP must state whether or not the vendor will permit the use of this contract by other Kent State University Campus locations and other Universities within RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 12 of 34 Ohio. An answer to this issue must be submitted within the response. Bidder may reserve the right to evaluate and assess a unique service charge on each participating institution. 4.20 Time is of the Essence: Time is of the essence in completing this project. Any breach of the terms of this contract, including, but in no way limited to the time period of performance, will be just cause to terminate the contract without prior notice to the Vendor. Termination resulting from breach will be cause, at the sole discretion of the University, to suspend the proposer from proposing on any project at the University for a period of up to three (3) years. 4.21 Parking: Kent State University operates under a paid parking system. All Vendor-owned vehicles and privately- owned vehicles of Vendor personnel that are to be parked on campus must comply with existing parking regulations. If parking permits are required, the successful proposer will purchase appropriate numbers of permits from Kent State University Parking Services. All regulations concerning parking can be obtained from Parking Services. Vendor is to take care that sidewalks are not blocked and all handicap areas are fully accessible. 4.22 Federal, State and Local Laws: Vendor shall, in the performance of work or services, fully comply with all applicable federal, state or local laws, rules, regulations and ordinances, and shall hold Kent State University harmless from any liability from failure of such compliance. 4.23 Governmental Approvals: Vendor shall obtain all permits, certificates of inspection and any and all governmental approvals relating to his/her work, and shall pay all charges connected therewith. 4.24 Indemnification/Hold Harmless: Vendor shall indemnify and hold Kent State University harmless from and against all claims, losses, expenses, damages, causes of actions and liabilities of every kind and nature (including without limitation reasonable attorney’s fees), arising out of any alleged breach of any proposer’s obligations or warranties or from any other acts or omissions of Vendor, its officers, agents, employees and subcontractors. 4.25 Force Majeure: If University or Vendor is unable to perform any part of its obligations under this contract by reason of force majeure, the party will be excused from its obligations, to the extent that its performance is prevented by force majeure, for the duration of the event. The party must remedy with all reasonable dispatch the cause preventing it from carrying out its obligations under this contract. The term “force majeure” means without limitation: acts of God; such as epidemics; pandemics, lightning; earthquakes; fires; storms; hurricanes; tornadoes; floods; washouts; droughts; any other severe weather; explosions; restraint of government and people; war; strikes; and other like events; or any other cause that could not be reasonably foreseen in the exercised of ordinary care, and that is beyond the reasonable control of the party. 4.26 Insurance for Vendor Services: If this contract involves services, and unless otherwise approved by the University in writing, Vendor shall, at its sole cost and expense, procure and maintain, in full force and effect, the types and minimum limits of insurance specified below, covering its performance of the services provided hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor shall procure such insurance from duly licensed or approved non-admitted insurers in the State of Ohio with an “A.M. Best” rating of not less than A-VII or otherwise acceptable to the University: (a) Workers’ Compensation/Employers’ Liability. [Required] Coverage: Worker’s Compensation for losses arising from work performed by or on behalf of the Vendor • State Fund or Self-Insurance: Statutory Limits • Proof of Employers' Liability: $500,000 (b) General Liability Insurance. [Required] Coverage: Policy shall include bodily injury, property damage, personal injury, contractual liability, fire legal liability, medical payments coverage, and sexual molestation/abuse if Vendor is interacting with minors • Each Occurrence: $1,000,000 • General Aggregate Accrual: $2,000,000 • Products-Completed Operations Aggregate Accrual: $2,000,000 RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 13 of 34 (c) Business Automobile Liability. [Required] Coverage: Bodily injury and property damage for any owned, leased, hired and non-owned vehicles used in the performance of the Vendor services • Combined Single Limit: $1,000,000 (d) Insurance Required as Applicable: (1) Professional Liability Insurance. – if applicable. Coverage: Policy required for licensed or certified professionals, including, without limitation, accountants, architects, consultants, and engineers. • Each Occurrence: $1,000,000 • General Aggregate: $2,000,000 Professional Liability Insurance may be written on a claims-made basis provided that coverage for occurrences happening during the performance of the Services required under this Contract shall be maintained in full force and effect under the policy or “tail” coverage for a period of at least three (3) years after completion of the Services. (2) Liquor Liability—if applicable. Coverage: Policy for service provider distributing, selling or serving alcoholic beverages. • Each Occurrence: $1,000,000 • General Aggregate: $1,000,000 (3) Crime Coverage—if applicable. Coverage: Policy for service provider with access to cash or payments, networks or outsources services such as custodial, building management, dining, etc. • Single Loss: $500,000 (4) Cyber Liability—if applicable. Coverage: Policy for service provider who has access to credit card information, student or employee records, health records, or any other Personally Identifiable Heath Information. • Each event for Breach Response/Event Services: $1,000,000 (5) Pollution Liability—if applicable. Coverage: Policy for service provider working with pollutants, coverage shall include coverage for 3rd party claims and clean-up. • Each incident: $1,000,000 All required policies shall meet the following requirements: • shall be endorsed on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the University. • all insurance herein, except Professional Liability and Pollution Liability, shall be written on an “occurrence” basis and not a “claims-made” basis. • Shall be endorsed to include University and its governing board, officers, agents and employees as additional insureds with respect to liability arising out of the services performed by or in behalf of Vendor. Such endorsement shall be evidenced on the Certificate of Insurance as well as a copy of the endorsement to the Vendor’s insurance. • Shall contain a waiver of subrogation in favor of University and its board, officers, agents and employees for losses arising from work performed by or on behalf of Vendor. • Limits may be met with a combination of primary and/or excess/umbrella coverage or equivalent. • Coverage provided by Vendor shall not be limited to the liability assumed under the indemnification provision set for in Section 4.24 above. Service Provider shall furnish the University’s Procurement Department, at the address provided herein, with Certificates of insurance (ACORD form or equivalent) as required by the services being provided under this RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 14 of 34 Contract. In no event shall Vendor perform any services or other work until Vendor has delivered or caused to be delivered to the University’s Procurement Department the required evidence of insurance coverages. All insurance coverages shall provide for at least thirty (30) days prior written notice to be given to the University in the event coverage is reduced, suspended, voided, cancelled, or non-renewed. 4.27 Proprietary Information Disclosure: All responses and accompanying documentation will become the property of the University at the time proposals are opened. All submitted proposal materials may be subject to disclosure under the Ohio Public Records Law (ORC 149.43). Personal Social Security numbers, if provided in Section 7, will be redacted prior to release. If you choose to submit documentation containing information your company considers trade secret, please be aware that the University may have a duty to release the documentation in response to a public record request. If you wish to claim that certain information contained in the materials is trade secret, your company bears the burden of identifying that information, as well as taking steps to demonstrate that it is subject to protection under the law. 4.28 Marketing and Advertising: Vendor shall not willfully use the name, identifying marks or property of Kent State University for its own promotional purposes. 4.29 Use of Designs: Vendor agrees that it will keep confidential the features of any equipment, tools, gauges, patterns, designs, drawings, engineering data or other technical or proprietary information furnished by the University and use such items only in the production of item(s) awarded pursuant to the contract. Upon demand or completion of resultant purchase order, the proposer shall return all such item(s) to the university at the expense of the Vendor, or make other disposition thereof as may be directed or approved by the University. 4.30 Intentionally Deleted. 4.31 Equal Employment Opportunity: Kent State University is an Equal Opportunity Employer and as such makes the following request: The proposer, in submitting a proposal and /or filling a purchase order, agrees not to discriminate against any employee or applicant for employment with respect to hiring and tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because or race, color, religion, gender, age, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era to the extent required by law. The proposer must further agree that every subcontract or order given for the supplying of this order will contain a provision requiring nondiscrimination in employment, as herein specified. This covenant is required pursuant to Federal executive orders 11246 and 11375 and any breach thereof may be regarded as a material breach of the contract or purchase order. Additionally, Proposer must comply with the following: The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. 2000e et seq., which prohibits discrimination in employment because of race, color, religion, sex or national origin. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. and 45 C.F.R. 84.3(J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified individuals with disabilities in the access to or participation in federally- funded services or employment. The Age Discrimination in Employment Act of 1967, as amended, which generally prohibits discrimination based upon age. The Equal Pay Act of 1963, as amended, 29 U.S.C. 206, which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. 4.32 Intentionally Deleted. 4.33 Drug Free Workplace: Vendor agrees to comply with all applicable state and federal laws regarding drug – free workplace and shall make a good faith effort to ensure that all its employees, while working at Kent State University, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way. 4.34 Smoke-Free, Tobacco-Free University: Smoking and the use of nicotine, tobacco-derived or plant based products, and oral tobacco are not permitted on any property owned, operated or leased by Kent State University inclusive of personal vehicles parked on University property. All smoking is prohibited, including the use of RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 15 of 34 electronic smoking devices, mod boxes or electronic nicotine delivery systems that create an aerosol or vapor. Vendors, contractors and other respondents to this RFP may not use cigarettes, cigars, cigarillos, cloves, hookahs, e-cigarettes, herbal and oil vaporizers, pipes, water pipes, any smokeless tobacco (chew, snuff, dip, etc.), and any other non-FDA approved nicotine products while conducting business on University property. 4.35 Americans with Disabilities Act: Without limiting the requirements of Subsection 4.49, Electronic Information Technology Accessibility, Seller agrees to comply with the Title II of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12131-12134, and it implementing regulation 28 C.F.R. pt. 35, which prohibits public universities from excluding individuals with disabilities from participating in and/or receiving the benefits of University services, programs, and activities, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104, which prohibits a qualified individual with a disability, solely by reason of disability, from being excluded from participation in, being denied benefits of, or being subjected to discrimination under any University activity, and other applicable State of Ohio laws and regulations regarding accessibility and disability. Accordingly, Seller represents and warrants that the products and/or services provided hereunder are functionally accessible to individuals with disabilities. Compliance means that a person with a disability can acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability, in an equally effective and integrated manner, with substantially equivalent ease of use. 4.36 Conflicts of Interest and Ethics Compliance: Vendor represents, warrants, and certifies that it and its employees engaged in the administration or performance of the Agreement are knowledgeable of and understand the Ohio Ethics and Conflicts of Interest laws. Vendor further represents, warrants, and certifies that neither Vendor nor any of its employees will do any act that is inconsistent with such laws. 4.37 Executive Order Banning the Expenditure of Public Funds on Offshore Services: Vendor affirms that it has read and understands Executive Order 2019-12D issued by Ohio Governor Mike DeWine and shall abide by those requirements in the performance of any Contract arising from this RFP, and shall perform no services required under this Contract outside of the United States. The Vendor also affirms, understands, and agrees to immediately notify the State of any change or shift in the location(s) of services performed by the Vendor or its subcontractors under this Contract, and no services shall be changed or shifted to a location(s) that are outside of the United States. If Vendor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Vendor or any of its subcontractors perform any such services, Vendor shall immediately return to the State all funds paid for those services. The State may also recover from the Vendor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Vendor performing services outside the United States. The State may, at any time after the breach, terminate the Contract, upon written notice to the Vendor. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party. If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages amounting to a percentage of the value of the Contract, such a percentage to be determined. The State, in its sole discretion, may provide written notice to Vendor of a breach and permit the Vendor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Vendor any costs associated with acquiring those substitute services. Notwithstanding the State permitting a period of time to cure the breach or the Vendor’s cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 16 of 34 recovery of funds paid for services the Vendor performed outside of the United States, costs associated with corrective action, or liquidated damages. —Assignment/Delegation The Vendor will not assign any of its rights, nor delegate any of its duties and responsibilities under this Contract, without prior written consent of the State. Any assignment or delegation not consented to may be deemed void by the State. 4.38 Finding for Recovery; Debarment: Ohio Revised Code Section 9.242 prohibits any vendor who has been debarred by any state agency to participate in any contract during the debarment period. Further, Vendor represents and warrants that it is not now, and will not become during the term of any contract resulting from this RFP, subject to an unresolved finding for recovery under ORC Section 9.24 and is not under any suspension or debarment by any office of the state of Ohio or the federal government. If this representation and warranty is found to be false, any contract resulting from this RFP shall be void, and the Vendor shall immediately repay to the university any funds paid under the contract. If Vendor becomes subject to an unresolved finding for recovery under ORC Section 9.24 and/or is suspended or debarred by any office of the state of Ohio or the federal government during the term of the contract, such finding for recovery, suspension or debarment shall be considered a material breach of such contract, and the University may, at its sole discretion, terminate the contract. 4.39 Campaign Contributions: Vendor hereby certifies that all applicable parties listed in Division (l)(3) or (J)(3) of O.R.C. Section 3517.13 are in full compliance with Divisions (l)(1) and (J)(1) of O.R.C. Section 3517.13. 4.40 Biobased Products Bid Reference Policy: The Department of Administrative Services, other state agencies and state institutions of higher education must procure biobased products that fall within the designated item categories list compiled by the United States Department of Agriculture, as maintained by the Department of Administrative Services. State agencies must procure equipment, materials, and supplies in accordance with procedures set forth in Ohio Revised Code section 123:5-1-14. Biobased products may be considered and a preference may be applied for those biobased products meeting the specifications set forth in bidding documents when applicable. For those proposals in which biobased products are offered, Vendor must list or otherwise identify and certify those products. The minimum content for the anticipated biobased purchase shall be derived from the United States Department of Agriculture’s determination of minimum content for the designated item. 4.41 Data Security Requirements/PCI Compliance: 1) Will this product or service have involvement in creating, storing, processing, transmitting, or accessing University data or handling financial transactions? a) If yes, will any data be removed by, accessed from, copied to, or created within systems that do not reside within the geographical boundaries of Kent State University? i. If yes, complete the “Higher Education Cloud Vendor Assessment Tool Lite", https://www.kent.edu/it/higher-education-cloud-vendor-assessment-tool-lite .Include a copy of any applicable audit or security assessment reports or certifications such as: SSAE 16, SOC 2, or ISO 27001 and include copies of any applicable corporate information security policies or other supporting documentation that will substantiate the questionnaire responses. (1) If an NDA is required for the disbursement of any of these documents or information, provide a copy of the NDA in your response. 2) Will this product or service have involvement in the processing of credit card transactions (Card-Present, Card- Not-Present, Online, Phone-based, or otherwise)? a) If yes, submit a QSA-signed Attestation of Compliance to the Payment Card Industry Data Security Standards (“PCI-DSS”). b) If yes, Vendor acknowledges and agrees to the following statements: i. Kent State University requires that Vendor at all times maintain compliance with current PCI DSS as applicable. Accordingly, the Vendor will be required to provide confirmation of compliance upon request by Kent State University throughout the contract term. Respondent hereby acknowledges that https://www.kent.edu/it/higher-education-cloud-vendor-assessment-tool-lite RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 17 of 34 cardholder data may only be used for execution of the contracted systems or services as described herein, or as required by the PCI DSS, or as required by applicable law. ii. If, during the contract term, Vendor becomes aware that systems or services provided under the contract falls out of compliance with PCI DSS requirements, the Vendor shall immediately notify the Kent State University Office of Security and Access Management. iii. In the event of a breach, intrusion, or unauthorized access to cardholder data, Vendor shall immediately notify the Kent State University Office of Security and Access Management to allow for the PCI DSS breach notification process to commence. Vendor shall provide appropriate payment card companies and their respective designee’s access to Vendor’s facilities and all pertinent records to conduct a review of Vendor’s compliance with the PCI DSS requirements. Vendor acknowledges liability for any and all costs resulting from such breach, intrusion, or unauthorized access to cardholder data deemed to be the fault of Vendor. Vendor agrees to assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless Kent State University and its officers and employees from and against any claims, damages, or other harm related to such breach. 4.42 Intentionally Deleted. 4.43 H.B. 476, State Contract and Boycotting: Pursuant to R.C. 9.76(B) Vendor represents and warrants that Vendor is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the contract period. 4.44 Intentionally Deleted. 4.45 Electronic Information Technology (“EIT”) Compliance: If the proposed product or service is an Electronic Information Technology (“EIT”) product or service as such products or services are defined below in this Section, then your proposal must include a response to this section so the proposed product or service can be evaluated by University personnel for compliance with the University Policy 4-16. “EIT” product(s) and/or service(s) include, but are not limited to, systems and application software (including mobile), online services such as learning management systems, content management systems, access portals, online marketing solutions, websites, web content and multimedia, digital materials (video, audio, etext, ebooks, lab simulations), telecommunications, and self-contained products such as displays, kiosks, touchscreens, operable controls (key carded door openers), and personal response systems. If the proposed product or service is not an EIT product or service, consider this section complete. Pursuant to University Policy 4-16, Kent State University is committed to ensuring that its electronic and information technologies, including but not limited to, all information provided through university and third-party websites, online learning and course management systems, and curriculum, institutional and administrative data systems: (a) provide equal opportunity to the educational benefits and opportunities afforded by the technology; (b) provide equal treatment in the use of such technology; and (c) be accessible to individuals with disabilities in compliance with Section 504 of the Rehabilitation act of 1973, as amended and the Americans with Disabilities Act of 1990, as amended (ADA-AA) and other applicable laws of the State of Ohio. Requirements for Vendors submitting a proposal for an “EIT” product and/or service: Provide information about the digital accessibility of proposed product(s) and/or services(s). This process is handled via an online form. Please carefully read the instructions below: a. In a web browser, visit http://bit.ly/eitvendorsurvey. The form should be completed by Vendor’s lead technical staff member best suited to share information about the digital accessibility of the product and/or service. i. PLEASE DO NOT START FORM until previewing of the list of questions that will be asked. ii. If available, please make sure to attach a completed VPAT when completing the form. A blank template of the VPAT is available at https://www.itic.org/policy/accessibility. https://www.kent.edu/sites/default/files/file/ICT%20vendor%20form%20-%20question%20preview.pdf https://www.itic.org/policy/accessibility RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 18 of 34 iii. NOTE: KSU may, in its sole discretion, deem as non-responsive, any form submission that is deemed by the university as incomplete. 4.46. On-site Generation: Supplier contract may not contain terms that limit Kent State University's ability to install and operate on-site generation or to participate in demand response or other applicable services. 5.0 REQUEST FOR PROPOSAL FORMAT AND EVALUATION CRITERIA – Qualification Submittal Note: Proposers must submit information at the Qualifications portion of this RFP timeline to be included in the 5-25-2022 Pricing Event that will establish the contract award with contracts signed on 5-25-2022. I. Wednesday, March 2, 2022, No Later than 4:30 PM EDT: RFP Qualifications Submittal Due II. Thursday, March 3, 2022 ~ Friday, March 18, 2022: Preliminary Evaluation III. Friday, March 18, 2022: Pricing Event Invitations Sent to Qualified Bidders IV. TBD, Individually scheduled with each Qualified Bidder: Event Preparation and Training of Bidders V. Wednesday, May 25, 2022: Pricing Event VI. Wednesday, May 25, 2022 no later than 3:00 PM EDT: Kent State University Board of Trustees Meeting Approval and Final Evaluation and Award 5.1 Format and Content of Proposals: To respond to this RFP, to submit their proposal via DocuSign at https://www.kent.edu/procurement/bids and the Certificate of Completion must be timestamped “Signed” no later than the date and time specified. Proposals timestamped after that date and time will be rejected. The proposal must be signed by a person authorized to bind the proposing form to the representations, commitments and statements contained in this response. Proposals should be prepared as simply as possible and provide a straightforward description of the Proposer’s capabilities to satisfy the requirements and goals of the RFP. Proposer should concentrate on accuracy, completeness, and clarity of content. All parts, pages, figures, and tables should be numbered and labeled clearly. Kent State University considers it to be of utmost importance that the successful contractor(s) present evidence of their ability to perform prior to the awarding of this contract partnership. The contract partnership shall be awarded to company that will best serve the interest of Kent State University, and, in determining the responsible proposer, the university shall consider the responses to the following requested information. All proposals submitted shall conform to the following format requirements. Deviation from these requirements may disqualify a supplier from consideration. The response must contain the following information and documents: a. Forms 1 through 9: Signed and Dated. (Completed through DocuSign) b. Designated Account Manager/Project Team: Potential vendors must include the name, address, phone number, fax number and email address of the designated account manager. 1. Account Manager Name: 2. Account Manager Address: 3. Account Manager Phone Number: 4. Account Manager Fax Number: 5. Account Manager E-mail Address: c. Mandatory Requirements: 1. Licensing: Potential vendors must be certified as a Competitive Retail Electric Service (CRES) in the state of Ohio and be licensed by the Public Utilities Commission of Ohio (PUCO) to provide electric supply to retail electric customers and otherwise suitably qualified https://www.kent.edu/procurement/bids RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 19 of 34 by the local distribution utility (LDU) in which physical delivery will take place. A statement certifying this is sufficient evidence. 2. Federal Licenses: Potential vendors must possess a Federal Energy Regulatory Commission (FERC) power marketing license. Provide the FERC Docket No., Date of Application, and Date of Approval as evidence. 3. Transmission Agreements: Potential vendors must have firm transmission service agreements and/or network transmission agreements in the potential vendor’s name with PJM for the interconnection points between the LDU system and PJM to deliver supply to the Delivery Points of this contract. A statement certifying this is sufficient evidence. 4. Use of the Contract by other Kent State University Campus locations and other Universities within Ohio: Potential vendors must state whether or not the vendor will permit the use of this contract by other Kent State University Campus locations and other Universities within Ohio. An answer to this issue must be submitted within the response. 5. Account Additions or Deletions: Due to the nature of the business conducted by Kent State University, there will likely be small accounts that will need to be added and/or deleted during the term of the contract. The threshold for “Small Accounts” is 5% or less than the total annual contracted volume contracted (i.e. if total contracted volume is 10,000,000 kWh, a small account would be defined as 500,000 kWh). Any account determined to meet the 5% Small Account threshold may be deleted without penalty. Any account determined to meet the 5% Small Account threshold may be added at the existing contracted price for the remaining duration of the agreement. Please include language in your contract to address these types of additions/deletions. d. Statement of Work: Potential vendors must demonstrate that they understand the work required to deliver electricity to the customer’s Delivery Points. To document this understanding, potential vendors must provide a concise statement of their understanding and ability to perform all the tasks necessary to meet the requirements of this solicitation. Other Applicable Programs: Any programs that can be adapted to the Kent State University System that are advantageous to both parties. e. Experience: Potential vendors must demonstrate that it possesses experience providing electricity to retail customers in deregulated markets and is not merely acting as a broker. To document this experience, potential vendors must provide: 1. Experience Overview. A narrative describing experience in deregulated electricity markets, including in Ohio. 2. Years in business. Provide the number of years the firm has been providing electricity in Ohio. 3. Volumes under Contract. Provide the value and magnitude of energy supply contracts transacted during the past two years in Ohio. 4. Large-scale service. Provide two examples of large-scale electricity procurements that your firm has served in the past three years. 5. Block and Index. A narrative describing experience with index and block priced accounts. f. Financials: Potential vendors must provide the following financial information in a separately sealed envelope (failure to provide financial information may result in disqualification): 1. Financial Statement. Provide the firm’s most recent audited financial statement and annual report or a link to the reports. 2. Credit Rating. If available, provide the firm’s most recent Standard & Poor’s and/or Moody’s credit rating information available to include any applicable support documentation. 3. DUNS Number. Provide the firm’s DUNS number. g. References: Potential vendors must also submit the contact person, company name, account size, and phone number of at least three (3) references, preferably from the public sector, one of which RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 20 of 34 should be similar in scope to the customer, for which your company has provided competitive electricity supply. h. Sample Bill: The potential vendor can either have all billing go through the legacy host utility or can invoice the Customer directly though a monthly summary invoice. If a potential vendor intends on invoicing the Customer directly though a monthly summary invoice they should provide a sample bill. The sample invoice must show the billing format. For Group 1 Accounts all the invoices should go through the legacy host utility. All charges will be included in this invoice. For the Group 2 Accounts the successful vendor will provide a separate invoice that is not combined with the legacy host utility tariff charges. The vendor supplied invoice will include the cost of energy (kWh) and applicable pass through costs such as capacity and transmission. i. Proposed Contract: A proposed contract detailing all elements of the pricing structure and describing all the terms and conditions of service must be included in editable Microsoft Word format. If the potential vendor has previously been approved to participate in the Kent State reverse auction, the potential vendor should consider submitting the agreement that was previously negotiated between the potential vendor and Kent State. j. Assumptions, Clarifications, and Exclusions: Describe any and all of the assumptions, clarifications, or exclusions to the proposal. 5.2 Evaluation Criteria and Process: Potential bidders must submit responses that meet all the submission requirements of the RFP. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. Any submission which fails to meet the submission requirements of the RFP will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the potential bidder to make minor corrections to the submission. Bidder scores will be used to rank potential bidders and approve them for participation in the pricing event. Mandatory requirements Mandatory requirements must be met in order for a potential bidder’s response to be evaluated and may be used to disqualify potential bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated. The Customer reserves the right, in its discretion, to determine if non-compliance with a mandatory requirements is insignificant or can be easily corrected. Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory requirements without providing an alternate that is acceptable to the Customer may result in the disqualification of a bidder's proposal. Evaluation Components The following components will be some of the criteria considered by the team when evaluating each response: ▪ Completion and Submission of all required documents and forms ▪ Licensing and Certification ▪ Experience ▪ Past Performance ▪ Financial Condition ▪ The Bidders Contract in agreement with Kent State University Terms and Conditions RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 21 of 34 The order of these factors does not generally denote relative importance. The Customer reserves the right to consider other relevant factors as it deems appropriate in order to obtain a “best value” provider of electricity supply. The Customer may or may not seek additional information from vendors prior to making selection. Those potential bidders that have been qualified will be invited to participate in pricing event phase of this procurement. The final award(s) will be based on lowest cost per kWh for established price groupings and products as determined to be in the best interest of the Customer. 6.0 REQUEST FOR PROPOSAL SPECIFICATIONS/PRICING EVENT SPECIFICATIONS 6.1 Request for Proposal (RFP) Approach: Kent State University will utilize an internet based procurement platform provided by Enel X North America, Inc. (Enel X) to obtain pricing for this RFP. The RFP will be a multi-step process. Bidders will be required to submit a proposal including all necessary administrative forms prior to participating in the pricing portion of this RFP. Bidders who satisfy these requirements will be so notified and invited to participate in the pricing event. Although Kent State University has planned for a reverse auction event, the University may have a sealed bid event if the situation at the time requires it. Bidder’s prices shall be submitted on the date and time of the pricing event described below through the Enel X Exchange at https://exchange.apps.enelx.com in accordance with the instructions provided on the Kent State University website www.kent.edu/procurement/bids. Kent State University is requesting pricing for various account groups, pricing products, and contract terms. Bidding instructions are provided on the Procurement Website. All pricing information must be submitted by the close of each pricing event. A detailed Schedule will be posted at the Procurement Website prior to the pricing event date. This schedule is subject to change. All bids submitted through the Exchange are considered legally binding. Kent State University will select a supplier on the basis of multiple criteria. Kent State University is not obligated to enter into an agreement with the lowest bidder, but there is strong preference to award to the lowest bidder. Kent State University reserves the right to take the following into consideration during the award decision: terms and conditions, price, term, reputation, or any other considerations Kent State University deems in its best interest. Each bid submitted by a Supplier shall constitute an offer to supply in accordance with this RFP. Kent State University reserves the right to reject any and all quotes received if it is determined that it is in the best interest of Kent State University. This RFP and corresponding pricing events are the only venues by which Kent State University will accept pricing and award contracts. Alternate bids (bids on terms or conditions different than those established in the Full Requirements Service Agreement) are not permitted. All prices submitted through the Exchange shall be in accordance with the provisions of this Contract. It shall be the express responsibility of the Bidder to understand both the rules and the mechanics of the procurement platform. To assist Bidders, Enel X will provide a training session as part of the RFP process. 6.2 Introduction: Kent State was founded in 1910 and today the Kent State Campus consists of over six million gross square feet of floor area and approximately 151 buildings on 950 acres in the center of Kent, Ohio. Approximately 36% of the Campus buildings are Residence Halls, 47% Education and General and 17% Auxiliary. Along with the Regional Campuses and off campus buildings, the total is nearly 8 million gross square feet of floor area. It is currently expected at the time of this pricing event the Kent Campus, the 7 regional campuses, and the 2 satellite campuses will have a total of 86 electric meters on campus and off campus and one large meter for power flow through the Summit Street substation (Power Plant), for a total of 87 electric accounts. For KSU’s Fiscal Year 2021 (FY2021), which is from 7-1-2020 through 6-30-2021, information for all 87 electric accounts is provided along with monthly usage by account. This information is provided in the attachments. http://www.kent.edu/procurement/bids RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 22 of 34 The COVID situation has impacted the amount of electricity consumed at all the KSU Campuses and this information is provided in the attachments for KSU FY2019, FY2020, and FY2021. It is currently expected that electricity consumption levels will reach their pre COVID pandemic levels, similar to FY20219 consumption levels going forward. Further, it is currently expected that the large main account associated with the Power Plant will purchase about 45,000,000 kWh/year with the balance being generated on campus. In KSU FY2021 about ninety-three percent (93%) of the power to the Kent Campus came from the main large service substation or was generated at the adjacent Summit Street Power Plant. In KSU FY2021, about seventy-eight (78%) of the power to all the Kent Campuses came from the main large service substation or was generated at the adjacent Summit Street Power Plant. The Summit Street Power Plant was built in 2001 to provide a centralized source of power, steam and chilled water to the campus. The electric generation equipment consists of a Solar Taurus 60 (GT-1), with an ISO rating of 5,670 kW and a Solar Taurus 70 (GT-2), with an ISO rating of 7,520 kW. What is not generated in the Summit Street Power Plant is purchased. Utility power is provided by Ohio Edison at 69 kV and is stepped down to 13.2 kV via two utility transformers. Most of the power distributed to the campus is at the 13.2 kV level. 6.3 Service Requirements: Kent State is seeking an up to a thirty-four (34) month competitive electric power price for ALL of its purchased electric supply beginning with the read in July 2022 for Group 1 and Group 2 Accounts. The goal is to purchase power efficiently and at the lowest possible price. Capacity Costs (Fixed) – For term lengths beyond which capacity costs are known, bidders must use the last available price. Once actual prices are known, the Contractor will be able to adjust the contract rate accordingly. Upon request, RFP participants will be provided a release authorization to obtain detailed electric utility information from the utility companies. Participants must contact Enel X at jonathan.harvey@enel.com to request a letter of authorization for load information. Refer to Other Electricity Profiles in Attachment ‘A’. Product 1 - Retail Electric Service Product. For Group 1 accounts this product will be a fixed price full requirement product including firm uninterruptable electric supply and transmission with a 100% bandwidth full swing and will apply to all Kent State meters. A representative historical power profile is shown in Attachment A and a LOA is available to the bidder upon request. Product will include all Energy Costs, (including basis & losses), Other Costs, (including taxes, supplier administrative, credit or agent fees), Ancillary Service Costs, (including administrative and power regulation, reserve, and balancing costs). For term lengths beyond which capacity costs are known, bidders must use the last available price. Once actual prices are known, the Contractor will be able to adjust the contract rate accordingly. The product also will include all costs from any currently filed non-by-passable riders. Reference the Attachment A for Pricing Components. Participants may contact Enel X at jonathan.harvey@enel.com to request a sample invoice showing all of the above costs for (1) a typical month. Provisions for Onsite Generation: KSU has 4,248.20 kWdc of Solar PV electric production most with PPAs. A detailed site by site listing along with expected kWh is listed in the Excel format Attachment to this RFP #1789R. For Group 2 account this product will be a fixed price full requirement product including firm uninterruptable electric supply and transmission with a 100% bandwidth full swing and will apply to all Kent State meters. A representative historical power profile is shown in Attachment A and a LOA is available to the bidder upon request. Product will include all Energy Costs, (including basis & losses), Other Costs, (including taxes, supplier administrative, credit or agent fees), Ancillary Service Costs, (including administrative and power regulation, reserve, and balancing costs). Capacity Costs and Transmission Costs, (including losses, peak load share, open access and congestion management costs) will be pass-throughs. The product also will include all costs from any currently filed non-by-passable riders. Reference Attachment A for Pricing Components. Participants may contact Enel X at jonathan.harvey@enel.com to request a sample invoice showing all of the above costs for (1) a typical month. Provisions for Onsite Generation: KSU has 12 MW of onsite generation capacity, (5 MW and 7 MW combustion turbines). Operating hours will be at the discretion of Kent State University. mailto:jonathan.harvey@enel.com mailto:jonathan.harvey@enel.com mailto:jonathan.harvey@enel.com RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 23 of 34 The successful Supplier assumes all risk and responsibility for providing an unlimited supply of electricity to the delivery points without regard to KSU’s scheduled usage per the Electric Service Agreement. Electric supply management services, by successful Supplier, include the responsibility for managing the electric generation supply that will be provided to KSU through First Energy Corporation and American Electric Power. This service should include providing timely market information regarding power costs, anticipated capacity events and any other information that would help KSU operate their Combined Heat and Power Plant, (CHP), and other facilities, in the most cost effective manner. The Supplier will assume responsibility for any charges, real time pricing, penalties or “cash out” credits or charges, resulting from Supplier’s inability to provide adequate electric supplies or manage KSU’s program effectively. Proposals shall include a contractual remedy provision assuring that KSU will be reimbursed and made whole in full by the Supplier for any charges, fees, penalties or incremental electric costs resulting from the Supplier’s inability to provide KSU with full requirements or manage KSU’s program effectively. The successful Supplier will have access to the eligible retail electric customer’s consumption and will be required to manage all aspects of the electric supply needs for KSU. The Supplier must be able to monitor consumption to balance supply nominations with consumption. KSU will make reasonable efforts to notify the Supplier of any extraordinary occurrences that may affect the original estimated usage. The Supplier will be responsible for making all scheduling nominations and changes required to provide full requirements retail electric service to KSU. Product 2 – Other Applicable Programs Any programs that can be adapted to the Kent State University System that are advantageous to both parties. 6.4 Account Additions or Deletions: Due to the nature of the business conducted by Kent State University, there will likely be small accounts that will need to be added and/or deleted during the term of the contract. The threshold for “Small Accounts” is 5% or less than the total annual contracted volume contracted (i.e. if total contracted volume is 10,000,000 kWh, a small account would be defined as 500,000 kWh). Any account determined to meet the 5% Small Account threshold may be deleted without penalty. Any account determined to meet the 5% Small Account threshold may be added at the existing contracted price for the remaining duration of the agreement. Please include language in your contract to address these types of additions/deletions. Continued on next page. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 24 of 34 7.0 DEFINITIONS Addendum(a): Written instruments, issued solely by the Kent State University Procurement Department, that detail amendments, changes, modifications, or clarifications to the specifications, terms and conditions of this Request for Proposal (RFP). Such written instruments shall be the sole method employed by the Procurement Department to amend, change, modify or clarify this RFP, and any claims (from whatever source) that verbal amendments, changes, modifications or clarifications have been made shall be summarily rejected by the Procurement Department. Agreement, Contract: Formal award resulting from the RFP. KSU: “Kent State University” May, Should: Indicates something that is requested but not mandatory. If the Proposer fails to provide information, the Kent State University Procurement Department may, at its sole option, either request that the Proposer provide the information, or evaluate the Proposal without the information. Proposal Closing Date: The date and time specified in the RFP by which a sealed proposal must be received by the Kent State University Procurement Department. Proposals received after the stated date and time will not be considered. Proposal Issue Date: The date and time the RFP process is opened for submission by prospective vendors. Proposal, Quotation: Response provided by proposer. Proposer, Vendor, Carrier, Provider: Respondent to the RFP. RFP: “Request for Proposal” Shall, Must, Will: Indicates a mandatory requirement. Failure to meet mandatory requirements will invalidate the proposal or result in the rejection of a proposal as non-responsive. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 25 of 34 8.0 SAMPLE OF RESPONSE FORMS 1-9 (To be submitted via DocuSign) Form 1: Request for Proposal Attestation Form KENT STATE UNIVERSITY REQUEST FOR PROPOSAL #: RFP DESCRIPTION: DATE OF ISSUE: SEALED PROPOSALS DUE: , No Later than 4:30 p.m. EST Proposals must be received via DocuSign and the Certificate of Completion must be timestamped “Signed” no later than the date and time specified above. Proposals timestamped after that date and time will be rejected. Proposals are to be submitted in accordance with the Proposal Instructions and Specifications. There will not be a formal proposal opening. The Procurement Department shall at all times reserve the right to reject any or all proposals, award partial proposals, waive any proposal informalities or irregularities, and request new proposals if doing so is deemed to be in the best interests of Kent State University. By signing this document, I am agreeing, on behalf of my firm, to the specifications of this Request for Proposal and accepting, without exception or amendment to the Instructions, Agreement Terms, and Specifications as set forth in this document. By signing this document, I am agreeing, on behalf of my firm, to the specifications of this Request for Proposal and accepting, with the attached exception or amendment to the Instructions, Agreement Terms, and Specifications as set forth in this document. (Add attachment below) Any and all Purchase Orders resulting from this Request for Proposal shall be subject to these Instructions, Agreement Terms and Specifications, as incorporated herein. Submitted By: (Company Name) Authorized Signature: Date: (Printed Name, Title) Exception or amendment to the Instructions, Agreement Terms, and Specifications as set forth in this document. The Proposal, including all appendices, must be submitted in a single PDF file. Forms requiring signature(s) will be signed and submitted via Docusign within this document. Additional supplementary PDF documents should be attached, only if mandated in the Request for Proposal Instructions. In addition to its PDF file attachment, spreadsheets in .xls format must be emailed directly to Contract Manager if it is a requirement of the Request for Proposal. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 26 of 34 Form 2: Respondent Signature and Information Form In addition to the information requested in the previous sections, please complete the following: By signing below, Contractor represents and warrants the following: a. that it is not subject to an unresolved finding for recovery under ORC 9.24; b. that it is not under any suspension or debarment by any office of the state of Ohio or the federal government; and c. that it is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the contract period. If any of the representations and warranties set forth herein are false on the date the parties sign an Agreement resulting from this RFP, such Agreement shall be void ab initio, and the Contractor shall be required to immediately repay to the State any funds paid under any such Agreement. Payment Terms: Firm Name: Address: Telephone Number: Fax Number: Email: Authorized Signature: Name of Signee: Title: Date: *All bids submitted are taken by the University as offers to sell by the Proposer and acceptance shall occur only by the issuance of a University purchase order or where appropriate, upon the execution of a written contract. Please attach a copy of the firm’s W-9 or W-8 for taxpayer verification and filing purposes. This form will complete the firm’s profile within the Kent State University internal vendor system. RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 27 of 34 Form 3: Type of Business Form: (check all applicable classifications) Large business. Small business – An independently owned and operated business which, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years. Department of Minority Business Enterprise (DMBE) certified women- owned and minority-owned business shall also be considered small business when they have received DMBE small business certification. Women-owned business – A business concern that is at least 51% owned by one or more women who are U. S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U. S. citizens or legal resident aliens. Minority-owned business – A business concern that is at least 51% owned by one or more minority individuals or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. State of Ohio Certified MBE (Attach Certificate) State of Ohio Certified EDGE (Attach Certificate) Ohio OMSDC/NMSDC Certification (Attach Certificate) Veteran-owned Business (Attach Certificate) WBENC Certification (Attach Certificate) Other MBE or Women-owned Certification (Attach Certificate) RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 28 of 34 Form 4: Buy Ohio Bidder and Product Information 1. All bidders are requested to complete the following information: Bidder is an Ohio vendor. 2. Bidder qualifies as an Ohio bidder because it: Is offering an Ohio product. Has a significant Ohio economic presence. Is located in a border state (Kentucky, Michigan, New York, Indiana or Pennsylvania) that imposes no greater restriction than contained in section 125.09 and 125.11 of the Ohio Revised Code. 3. Bidder does not qualify as an Ohio bidder. 4. All products offered in this bid are Ohio products except those listed below: RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 29 of 34 Form 5: Buy American Certificate Form The Bidder or Offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product as defined in the Buy America Act; and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States: Certified: Name (Please Print) Signature Date Title RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 30 of 34 Form 6: Standard Affirmation and Disclosure Form for Executive Order 2010-09S Banning the Expenditure of Public Funds on Offshore Services CONTRACTOR/SUBCONTRACTOR AFFIRMATION AND DISCLOSURE: By the signature affixed to this response, the Bidder/Offeror affirms, understands and will abide by the requirements of Executive Order 2011-12K issued by Ohio Governor John R. Kasich. If awarded a contract, the Bidder/Offeror becomes the Contractor and affirms that both the Contractor and any of its subcontractors shall perform no services requested under this Contract outside of the United States. The Executive Order is available at the following website: (http://www.governor.ohio.gov/Portals/0/pdf/executiveOrders/EO%20211-12K.pdf). The Bidder/Offeror shall provide all the name(s) and location(s) where services under this Contract will be performed in the spaces provided below or by attachment. Failure to provide this information as part of the response will deem the Bidder/Offeror not responsive and no further consideration will be given to the response. Bidder/Offeror’s offering will not be considered. If the Bidder/Offeror will not be using subcontractors, indicate “Not Applicable” in the appropriate spaces. 1. Principal location of business of Contractor: (Street Address) (City, State, Zip) Name/Principal location of business of subcontractor(s): (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) 2. Location where services will be performed by Contractor: (Street Address) (City, State, Zip) Name/Location where services will be performed by subcontractor(s): (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 31 of 34 3. Location where state data will be stored, accessed, tested, maintained or backed-up, by Contractor: (Street Address) (City, State, Zip) Name/Location(s) where state data will be stored, accessed, tested, maintained or backed-up by subcontractor(s): (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) 4. Location where services to be performed will be changed or shifted by Contractor: (Street Address) (City, State, Zip) Name/Location(s) where services will be changed or shifted to be performed by subcontractor(s): (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) (Name) (Street Address, City, State, Zip) RFP #1789R Retail Electric Power Supply Issued February 2, 2022 Page 32 of 34 Form 7: Electronic Information Technology (“EIT”) Compliance Form I have completed Section Electronic Information Technology (“EIT”) Compliance section of the RFP and submitted all the required documents. Electronic Information Technology (“EIT”) Compliance: If the proposed product or service is an Electronic Information Technology (“EIT”) product or service as such products or services are defined below in this Section, then your proposal must include a response to this section so the proposed product or service can be evaluated by University personnel for compliance with the University Policy 4-16. “EIT” product(s) and/or service(s) include, but are not limited to, systems and application software (including mobile), online services such as learning management systems, content management systems, access portals, online marketing solutions, websites, web content and multimedia, digital materials (video, audio, etext, ebooks, lab simulations), telecommunications, and self-contained products such as displays, kiosks, touchscreens, operable controls (key carded door openers), and personal response systems. If the proposed product or service is not an EIT product or service, consider this section complete. Pursuant to University Policy 4-16, Kent State University is committed to ensuring that its electronic and information technologies, including but not limited to, all information provided through university and third-party websites, online learning and course management systems, and curriculum, institutional and administrative data systems: (a) provide equal opportunity to the educational benefits and opportunities afforded by the technology; (b) provide equal treatment in the use of such technology; and (c) be accessible to individuals with disabilities in compliance with Section 504 of the Rehabilitation act of 1973, as amended and the Americans with Disabilities Act of 1990, as amended (ADA-AA) and other applicable laws of the State of Ohio. Requirements for Vendors submitting a proposal for an “EIT” product and/or service: Provide information about the digital accessibility of proposed product(s) and/or services(s). This process is handled via an online form. Please carefully read the instructions below: a. In a web browser, visit http://bit.ly/eitvendorsurvey. The form should be completed by Vendor’s lead technical staff member best suited to share information about the digital accessibility of the product and/or service. iv. PLEASE DO NOT START FORM until previewing of the list of questions that will be asked. v. If available, please make sure to attach a completed VPAT when completing the form. A blank template of the VPAT is available at https://www.itic.org/policy/accessibility. vi. NOTE: KSU may, in its sole discretion, deem as non-responsive, any form submission that is deemed by the university as incomplete. I am not required to complet