21-KR3 EDMS RFQQ.pdf

Eastern Washington University

Electronic Document Management System (EDMS)

Request for Qualifications and Quotations

RFQQ #21-KR3-EDMS

Proposals are due no later than 2:00 PM Pacific time on Friday June 18, 2021

1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

This Request for Quote & Qualifications (“RFQQ”) issued by EWU for the purpose of requesting proposals from qualified, licensed, and experienced Firms to identify and implement a new Electronic Document Management System (EDMS) to replace our network share drive which is limited in functionality and has become increasingly difficult to manage. The new EDMS solution should provide greater flexibility, functionality, scalability, (thousands of records) security and reporting, while also maintaining an intuitive interface for our customers.

1.2. DEFINITIONS:

EWU - Eastern Washington University is the agency that is issuing this RFQQ.

Firm- Individual or company whose proposal has been accepted by EWU and is awarded a fully executed, written contract.

Proposal - A formal offer submitted in response to this solicitation.

Request for Qualifications and Quotations (RFQQ) - Formal procurement document in which services needed are identified and Firms are invited to provide their qualifications to provide the services and their hourly rates.

1.3. PERIOD OF PERFORMANCE

Time is of the essence in the rendering of services. Consultant agrees to perform all obligations and render services set in their proposal.

1.4. ADA

EWU complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFQQ Coordinator to receive this Request for Qualifications and Quotations in Braille or on tape.

1.5. NON-ENDORSEMENT

As a result of the selection of a Vendor to supply products and/or services to EWU, EWU is neither endorsing nor suggesting that the Vendor’s product is the best or only solution. The Contractor agrees to make no reference to EWU in any website, literature, promotional material brochure, sales presentation or the like without express written consent of EWU’s Trademarks and Licensing Office.

2. GENERAL INFORMATION FOR CONSULTANTS

2.1. RFQQ CORDINATOR

The RFQQ Coordinator is the sole point of contact at EWU for this procurement. All communication between the Consultant and EWU upon receipt of the RFQQ shall be with the RFQQ Coordinator, as follows:

Name Ken Ripley Mailing Address Procurement & Contracts

Eastern Washington University 218 Tawanka Hall Cheney, WA 99004

Phone Number (509) 359 2885

Email address kripley@ewu.edu

Email is the preferred method of communication Any other communication will be considered unofficial and non-binding on EWU. Consultants are to rely on written statements issued by the RFQQ Coordinator. Communication directed to parties other than the RFQQ Coordinator may result in disqualification of the Consultant.

2.2. PROCUREMENT SCHEDULE

Issue request for Qualifications and Quotations June 9, 2021 Question and answer period June 9 – 14, 2021 Issue addendum to RFQQ (if applicable) June 14, 2021 Proposals due June 18, 2021 by 2:00 PM Pacific Time

Evaluate proposals June 21-22, 2021 Announce “Apparent Successful Contractor(s)” and send notification via fax or email to unsuccessful proposers

June 23, 2021

Negotiate contract June 24 – June 25, 2021 Begin contract work June 28, 2021 or as requested by the University EWU reserves the right to revise the above schedule

2.3. SUBMISSION OF PROPOSALS

The Proposal must be received by the RFQQ Coordinator no later than 2:00 p.m., Pacific Time, in Cheney, Washington, on June 18, 2021.

Proposals must be submitted electronically as an attachment to an email to Ken Ripley, the RFQQ Coordinator, at the email address listed in Section 2.1. Attachments to email shall be in Microsoft Word format or PDF. Zipped files cannot be received by EWU and cannot be used for submission of Proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Contractor to the offer. EWU does not assume responsibility for problems with Contractor’s email. If EWU’s email is not working, appropriate allowances will be made.

Proposals may not be transmitted using facsimile transmission.

Contractors should allow sufficient time to ensure timely receipt of the Proposal by the RFP Coordinator. Late Proposals will not be accepted and will be automatically disqualified from further consideration, unless EWU’s email is found to be at fault. All Proposals and any accompanying documentation become the property of EWU and will not be returned.

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive solicitation shall become the property of EWU. Per RCW 39.26.030, Proposals and Proposal evaluations are exempt from disclosure until EWU announces the Apparent Successful Contractor; thereafter, the Proposals shall be deemed public records as defined in RCW 42.56.

Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, or other state or federal law that provides for the nondisclosure of Contractor’s document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Contractor is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire Proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Contractor has marked as "Proprietary Information," EWU will notify the Contractor of the request and of the date that the records will be released to the requester unless the Contractor obtains a court order enjoining that disclosure. If the Contractor fails to obtain the court order enjoining disclosure, EWU will release the requested information on the date specified. If a Contractor obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to RCW 42.56, or other state or federal law that provides for nondisclosure, EWU shall maintain the confidentiality of the Contractor's information per the court order.

All EWU public record requests should follow the Request Procedures and Guidelines for Obtaining Public Records.

2.5. REVISIONS TO THE RFP

EWU reserves the right to cancel, amend, or reissue the RFQQ in whole or in part, prior to execution of a Contract.

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with chapters 39.19 and 43.60A RCW, the State of Washington encourages participation in all of its contracts by Firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE) or Department of Veteran’s Affairs. Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. However, no preference will be included in the evaluation of Proposals, no minimum level of minority, women, or veteran-owned business participation shall be required as a condition for receiving an award, and Proposals will not be rejected or considered non-responsive on that basis.

2.7. ACCEPTANCE PERIOD

Proposals must provide 90 days for acceptance by EWU from the due date for receipt of Proposals.

2.8. RESPONSIVENESS

All Proposals will be reviewed by the RFQQ Coordinator to determine compliance with administrative requirements and instructions specified in this RFQQ. The Contractor is specifically notified that failure to comply with any part of the RFP may result in rejection of the Proposal as non-responsive. EWU also reserves the right at its sole discretion to waive minor administrative irregularities.

2.9. MOST FAVORABLE TERMS

EWU reserves the right to make an award without further discussion of the Proposal submitted. Therefore, the Proposal should be submitted initially on the most favorable terms which the Contractor can propose. There will be no best and final offer procedure. EWU does reserve the right to contact a Contractor for clarification of its Proposal.

The Apparent Successful Contractor should be prepared to accept this RFQQ for incorporation into a Contract resulting from this RFQQ. Contract negotiations may incorporate some or all of the Contractor’s Proposal. It is understood that the Proposal will become a part of the official procurement file on this matter without obligation to EWU.

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor will be expected to enter into a Contract. In no event is a Contractor to submit its own standard contract terms and conditions in response to this solicitation. The Contractor may submit exceptions as allowed in the Certifications and Assurances form, Exhibit A and B to this solicitation. All exceptions to the Contract terms and conditions must be submitted as an attachment to Exhibit A and B, Certifications and Assurances form. EWU will review requested exceptions and accept or reject the same at its sole discretion.

https://access.ewu.edu/public-records https://access.ewu.edu/public-records

2.11. COSTS TO PROPOSE

EWU will not be liable for any costs incurred by the Contractor in preparation of a Proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFQQ.

2.12. NO OBLIGATION TO CONTRACT

This RFQQ does not obligate the State of Washington or EWU to contract for services specified herein.

2.13. REJECTION OF PROPOSALS

EWU reserves the right at its sole discretion to reject any and all Proposals received without penalty and not to issue a Contract as a result of this RFQQ.

2.14. COMMITMENT OF FUNDS

The President of EWU or his/her delegate is the only individual who may legally commit EWU to the expenditures of funds for a Contract resulting from this RFQQ. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract.

2.15. INSURANCE COVERAGE

1. General Requirements A. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the

Period of Performance of the Contract. Upon request, Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to EWU that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may, at EWU’s sole option, result in the Contract’s termination.

B. Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor.

Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

C. All insurance provided in compliance with the Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by EWU.

2. Specific Requirements

A. Commercial General Liability Insurance: The Contractor shall at all times during the Period of Performance of the Contract, carry and maintain commercial general liability insurance and, if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under the Contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance shall not be less than as follows:

General aggregate limits (other than products-completed operations) $2 million Products-completed operations aggregate $2 million Personal and advertising injury aggregate $1 million Each occurrence (applies to all of the above) $1 million Fire damage limit (per occurrence) $50,000 Medical expense limit (any one person) $5,000

B. Professional Liability (Errors and Omissions) Insurance: Limits of liability shall not be less than $1 million per claim and $2 million annual aggregate.

C. Business Auto Policy: In the event that services delivered pursuant to the Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required.

The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or in consequence of the performance of services by the Contractor, Subcontractor, or anyone employed by either.

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1 million per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

D. Employer’s Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employer’s Liability insurance with a limit of no less than $1 million. EWU will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of the Contract.

3. Additional Insurance Provisions

All above insurance policies shall include, but not be limited to, the following provisions:

A. Additional Insured: EWU shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

B. Notice of Policy Cancellation/Non-Renewal

i. For insurers subject to RCW 48.18 (admitted and regulated by the Washington State

Insurance Commissioner), a written notice shall be given to EWU’s Risk Manager or designee 45 calendar days prior to cancellation or any material change to the policy as it relates to the Contract. Written notice shall include the affected Contract reference number.

ii. For insurers subject to RCW 48.15 (Surplus Lines), a written notice shall be given to EWU’s Risk Manager or designee 20 calendar days prior to cancellation or any material change to the policy or policies related to the Contract. Written notice shall include the affected Contract reference number.

iii. If cancellation on any policy is due to non-payment of premium, a written notice shall be given to EWU’s Risk Manager or designee 10 calendar days prior to cancellation.

Written notice shall include the affected Contract reference number.

C. Identification: Policies and certificates of insurance shall include the affected Contract reference number.

D. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports.

Any exception must be reviewed and approved by EWU’s Risk Manager, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with RCW 48.15 and WAC 284-15.

E. Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. F.

Limit Adjustments: EWU reserves the right to increase or decrease limits as appropriate.

4. Industrial Insurance Coverage: The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, EWU may terminate the Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.

3. PROPOSAL CONTENTS

Proposals must be written in English and submitted electronically in the order noted below:

1. Letter of Submittal

2. Technical Requirements and Company Qualifications (Exhibit A to this RFQQ)

3. Quotation

Proposals must provide information in the same order as presented in this document with the same headings.

This will not only be helpful to the evaluators of the proposal, but should assist the Consultant in preparing a thorough response. Items in this section marked "mandatory" must be included as part of the proposal for the proposal to be considered responsive, however, these items are not scored. Items marked "scored" are those that are awarded points as part of the evaluation conducted by the evaluation team.

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFQQ) must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, e.g., the president or executive director of a corporation, the managing partner of a partnership, or the proprietor of a sole proprietorship. Attach the Certifications and Assurances form to the Letter of Submittal.

3.2. QUALIFICATIONS SECTION

The Qualifications Response is to be submitted in three sections as follows: 1) Business Information, 2) Qualifications and 3) References. The optional fourth section would include proof of certification for minority and women-owned businesses participating on the project.

3.3. BUSINESS INFORMATION (MANDATORY)

A. State the name of the company, address, phone number, fax number, e-mail address, legal status of entity (ownership) and year entity was established as it now substantially exists.

B. Provide the Firm's Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue.

C. Indicate how many employees are with the Firm. Name the Firm principles and their roles.

D. Identify any state employees or former state employees employed by the Consultant or on the Consultant's governing board as of the date of the proposal. Include their position and responsibilities within the Consultant's organization. If following a review of this information, it is determined by EWU that a conflict of interest exists, the Consultant may be disqualified from further consideration for the award of a contract.

E. If the Consultant’s staff or subcontractor’s staff was an employee of the state of Washington during the past 24 months, or is currently a Washington State employee; identify the individual by name, EWU previously or currently employed by, job title or position held, and separation date.

F. If the Consultant has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Consultant’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default.

G. Submit full details of the terms for default, including the other party's name, address, and phone number. Present the Consultant's position on the matter. EWU will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Consultant in the past five years, so indicate.

3.4. DESCRIPTION OF WORK (MANDATORY/SCORED)

A. OBJECTIVE

This Request for Quote & Qualifications (“RFQQ”) issued by the EWU for the purpose of requesting proposals from qualified, licensed, and experienced Firms to identify and implement a new Electronic Document Management System (EDMS) to replace our network share drive which is limited in functionality and has become increasingly difficult to manage. The new EDMS solution should provide greater flexibility, functionality, scalability (thousands of records), security and reporting, while also maintaining an intuitive interface for our customers.

B. SCOPE OF WORK:

Minimum Requirements:

• See Attached Exhibit A

Consultant Responsibilities On an “as requested basis” and as part of an integrated pest management program, provide the following services:

• See Attached Exhibit A

EWU Responsibilities EWU will provide all necessary information as requested by the Firm on a timely basis. EWU will keep the Firm apprised of all pertinent matters that would affect the Firms work product. Any information that EWU shares with firm shall be considered strictly confidential and the Firm shall use all reasonable efforts to protect the security of such information as if it were its own.

3.5. REFERENCES (MANDATORY)

List names, addresses, telephone numbers, fax numbers and email addresses of three business references for which work has been accomplished and briefly describe the type of service provided for them. The Firm must grant permission to EWU to contact the references and others who may have pertinent information. Do not include current EWU staff as references. EWU may evaluate references at EWU’s discretion.

3.6. OMWBE CERTIFICATION (OPTIONAL AND NOT SCORED)

Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises if certified minority-owned Firm and/or women –owned Firm(s) will be participating on this project.

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

The evaluation process is designed to award Contracts to those Vendors with the best combination of price and Qualifications based upon the evaluation criteria. This process is not designed to award Contracts merely or solely on the basis of the lowest price Quotations. Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team to be designated by EWU, which will determine the ranking of the proposals. EWU, at its sole discretion, may also elect to select the top scoring Firms as finalists for an oral presentation.

4.2. CLARIFICATION OF PROPOSAL

The RFQQ Coordinator may contact the Firm for clarification of any portion of the Firm’s proposal

4.3. EVALUATION WEIGHTING AND SCORING – Refer to Exhibit D Technical Requirements & Scoring, pg. 24 The following weighting and points will be assigned to the proposal for evaluation purposes:

SOFTWARE LICENSING/MAINTENANCE QUOTE

10 Points

IMPLEMENTATION SERVICES QUOTE

15 Points

DETAILED FUNCTIONAL and TECHNICAL REQUIREMENTS

52 Points

PROJECT APPROACH AND TIMELINE

23 Points

Total 100 Points

4.4. NOTIFICATION TO PROPOSERS

EWU will notify all Proposers of its selection of the Apparent Successful Contractor upon completion of the evaluation process. After the announcement of the Apparent Successful Contractor, Proposers will be offered a debriefing upon written request. Proposers will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing. Reference 4.6 for the Protest Procedure.

4.5. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Upon request, a debriefing conference will be scheduled with an unsuccessful Proposer. The request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days after the announcement of an award. The debriefing must be held within three (3) business days of the request.

Discussion will be limited to a critique of the requesting Consultant's proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

4.6. COMPLAINT PROCESS

Pursuant to RCW 39.26.170, the complaint process allows Proposers to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow EWU to correct a problem before Proposals are submitted and time expended on evaluations. Complaints may be made only by Proposers who intend to submit a response to the solicitation. Complaints filed on the day solicitation responses are due shall be reviewed and considered if time permits. Complaints that do not follow these procedures shall not be considered.

The complaint process will meet the following minimum requirements:

1. Proposers will be given an opportunity to submit a complaint to EWU based on any of the following:

a. The solicitation unnecessarily restricts competition;

b. The solicitation evaluation or scoring process is unfair or flawed; or

c. The solicitation requirements are inadequate or insufficient to prepare a response.

2. Proposers will be allowed to submit complaints up to 5 business days prior to the bid response deadline. Complaints must meet the following requirements:

a. Must be in writing.

b. Must be sent to the RFQQ Coordinator, or designee.

c. Should clearly articulate the basis for the complaint.

d. Should include a proposed remedy.

3. The RFQQ Coordinator or designee will respond to complaints in writing. The RFQQ Coordinator will consider all available facts and provide a response to the Proposer. The response will include the decision, how the review was conducted and the basis upon which a decision was made.

4. The EWU Director of Procurement and Contracts will be notified of all complaints and provided a copy of the response.

5. The complaint may not be raised again during the protest period.

6. The complaint process does not include an appeal process. This complaint procedure constitutes the sole administrative remedy available to Proposers under this solicitation.

4.7. PROTEST PROCEDURE

Pursuant of RCW 39.26.170, the protest process occurs after the Proposals are submitted and evaluated. This allows Proposers to focus on the evaluation process to ensure its integrity and fairness. Protests can raise issues related to the evaluation process as set out in the solicitation or how the process was executed. This allows for evaluation process errors and problems to be corrected before a contract is executed. Protests that do not follow these procedures shall not be considered.

The protest process will meet the following requirements:

1. After the announcement of the Apparent Successful Contractor, Contractors will be offered a debriefing upon written request.

2. Contractors will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing.

A. Discussion at the debriefing conference will be limited to the following:

i. Evaluation and scoring of the Contractor’s Proposal;

ii. Critique of the Proposal based on the evaluation;

iii. Review of Contractor’s final score in comparison with other final scores without identifying the other Contractors.

B. Comparisons between Proposals or evaluations of the other Proposals will not be allowed.

C. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

3. Contractors are required to participate in a debriefing as a prerequisite for submitting a protest.

4. Contractors will be given 5 business days after their debriefing to file a written protest.

5. The protest process will allow Contractors an opportunity to submit a protest based only on the following:

A. A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

B. Errors in computing the scores; or C. Non-compliance with procedures described in the solicitation document or EWU protest process.

6. Protests are to be submitted to the EWU Director of Procurement and Contracts and the RFP

Coordinator.

7. A written response within 10 business days from receipt of the protest, unless additional time is needed. The protesting Contractors shall be notified if additional time is needed.

8. The final determination of the protest shall:

A. Find the protest lacking in merit and uphold EWU’s action; or B. Find only technical or harmless errors in EWU’s acquisition process and determine EWU to be in substantial compliance and reject the protest; or C. Find merit in the protest and provide EWU options which may include:

i. Correct the errors and re-evaluate all Proposals, and/or

ii. Reissue the solicitation document and begin a new process, or iii. Make other findings and determine other courses of action as appropriate.

The protest decision is final. If a protesting Contractor does not accept the protest response, the Contractor may try to seek relief from superior court. If EWU determines that the protest is without merit, EWU will enter into a contract with the Apparent Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFQQ EXHIBITS

EXHIBIT A: CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the Proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related Contract:

1. I/we declare that all answers and statements made in the Proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single Proposal.

3. The attached Proposal is a firm offer for a period of 90 days following the due date for receipt of Proposals, and it may be accepted by EWU without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

4. In preparing this Proposal, I/we have not been assisted by any current or former employee of the State of

Washington whose duties relate (or did relate) to this Proposal or prospective Contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document.

5. I/we understand that EWU will not reimburse me/us for any costs incurred in the preparation of this Proposal.

All Proposals become the property of EWU, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor.

7. I/we agree that submission of the attached Proposal constitutes acceptance of the solicitation contents and the attached sample Contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or Firm to submit or not to submit a Proposal for the purpose of restricting competition.

9. I/we grant EWU the right to contact references and others, who may have pertinent information regarding the ability of the Contractor and the lead staff person to perform the services contemplated by this RFP.

10. I/we (circle one) are / are not submitting proposed Contract exceptions (See Section 2.10, Contract and General

Terms & Conditions). If Contract exceptions are being submitted, I/we have attached them to this form.

On behalf of the Contractor submitting this Proposal, my name below attests to the accuracy of the above statement.

We are submitting a scanned signature of this form with our Proposal.

Title

Signature Date Name

EXHIBIT B: CERTIFICATIONS AND ASSURANCES

Contractor Certification Wage Theft Prevention – Responsible Bidder Criteria

Washington State Goods & Services Contracts

Prior to awarding a contract, agencies are required to determine that a bidder is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

Procurement No.: __________________ Procurement Solicitation Dated: ______________, 2021

I hereby certify, on behalf of the Firm identified below, as follows (check one):

No Wage Violations. This Firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

or

Violations of Wage Laws. This Firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the Firm listed herein.

By:

Title:

Signature of authorized person

Title of person signing certificate

Print Name of person making certifications for Firm

Place: ________________________________ Print city and state where signed

Date: ________________________________

Return Contractor Certification with a copy of your proposal. Failure to include this certification will result in your proposal being deemed nonresponsive.

EXHIBIT C: EWU GENERAL TERMS AND CONDITIONS

1. DEFINITIONS - As used throughout this Contract, the following terms shall have the meaning set forth below:

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A. EWU shall mean Eastern Washington University, any division, section, office, unit or other entity of EWU, or any of the officers or other officials lawfully representing EWU.

B. Agent shall mean the Vice President of Business & Finance or assigned delegate authorized to act on behalf of EWU.

C. Contractor shall mean that Firm, provider, organization, individual or other entity performing service(s) under this Contract, and shall include all employees of Contractor.

D. Subcontractor shall mean one not in the employment of Contractor, who is performing all or part of those services under this Contract under a separate contract with Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier.

E. Confidential Information means information that may be exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 of the Revised Code of Washington (RCW) or other state or federal law. Confidential Information includes, but is not limited to, personal information as defined in RCW 19.255.010 and RCW 42.56.590, names, addresses, social security numbers, email addresses, telephone numbers, student educational records as defined in the Family Educational Rights and Privacy Act, financial profiles, credit card information, consumer information as defined in 16 C.F.R. § 682.1, driver’s license numbers, protected health information as defined in 45 C.F.R. Parts 160 and 164, law enforcement records, EWU source code or object code, EWU security data, IP addresses, log-on user identification information, configuration parameters, or any information identifiable to an individual that relates to any of the types of information listed above.

2. ACCESS TO DATA - In compliance with RCW 39.26.180, Contractor shall provide access to data generated under this Contract to EWU, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of Contractor’s reports, including computer models and methodology for those models.

3. ADVANCED PAYMENTS PROHIBITED - No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by EWU.

4. AMENDMENTS - This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

5. AMERICANS WITH DISABILITIES ACT (ADA) - Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

6. ASSIGNMENT - Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by Contractor without prior written consent of EWU.

7. ATTORNEYS’ FEES - In the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney fees and costs.

8. CONFIDENTIALITY/DATA PRACTICES/SAFEGUARDING OF INFORMATION

A. Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without the University’s express written consent or as provided by law. Contractor agrees to release such information or material only to employees or

Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by the University. Contractor and its Subcontractors are considered a “school official” under FERPA and agree to comply with the requirements of FERPA and its related regulations governing the use and redisclosure of personally identifiable information from education records.

B. Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the University’s information to prevent unauthorized access to, use, or disclosure of such information. Contractor agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of all Confidential Information, including, but not limited, to the Health Insurance Portability and Accountability Act of 1996 and its applicable regulations, as well as the Federal Trade Commission’s Safeguard Rules promulgated under the Gramm-Leach-Bliley Act.

Contractor shall ensure any contracts with agents or Subcontractors include similar conditions requiring the use of safeguards to prevent unauthorized access or disclosure of Confidential Information and a requirement to provide notification of any potential unauthorized access or disclosure. The University reserves the rights to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by the Contractor through this agreement. The monitoring, auditing, or investigating may include, but is not limited to, “salting” by the University. Salting is the act of introducing data containing unique but false information that can be used later to identify inappropriate disclosure of data.

C. Contractor shall have in place policies and procedures to detect patterns, practices, or specific activities that indicate the possible existence of identity theft. The Federal Trade Commission, as part of the Fair and Accurate Credit Transactions Act (FACT) of 2003, has issued regulations known as the Red Flag Rules. When detected, Contractor shall: (1) report all Red Flags and possible instances of identity theft to the University in accordance with section C and, (2) take prompt steps to prevent or mitigate possibly identify theft when Red Flags are detected.

D. The Contractor shall notify the University in writing within five (5) working days of becoming aware of any unauthorized access, use or disclosure of Confidential Information by Contractor, its officers, directors, employees, contractors, Subcontractors, agents, or by a third party to whom Contractor disclosed Confidential Information. A breach shall be treated as discovered by the Contractor on the first day on which such breach is known to the Contractor, including any of Contractor’s employees or agents, or should reasonably have been known to the Contractor to have occurred. Notification should be sent to the Contract Administrator. The Contractor shall give highest priority to immediately mitigate and remediate any unauthorized access and shall devote such resources as may be required to accomplish that goal. The Contractor shall cooperate with all University efforts, including, but not limited to, (1) providing any and all information necessary to enable the University to fully understand the nature and scope of the breach, including but not limited to identification of each individual whose Confidential Information has been, or is reasonably believed to have been, accessed, acquired, or disclosed, (2) taking action to preserve forensic evidence and identifying, mitigating, and remediating the cause of the breach, and (3) take such other steps as needed to comply with 42 U.S.C. § 17932, and all applicable regulations adopted to implement that statute.

E. If data compromise and/or identify theft occurs and is found to be the result of Contractor’s acts or omissions, Contractor agrees to defend, indemnify and hold harmless the University for any damages related to unauthorized use or disclosure of Confidential Information by the Contractor, its officers, directors, employees, Subcontractors or agents, including but not limited to the costs incurred by the University in responding to or recovering from the breach.

F. Contractor agrees to implement an appropriate recordkeeping and reporting process to enable it to provide the following information: (1) the Confidential Information received in the performance of this Contract and the purpose(s) for which the Confidential Information was received; (2) who received, maintained and used the Confidential Information; (3) for any disclosure of Confidential Information, the date, name of the person who received the information, a brief description of what was disclosed, and a statement as to why the information was disclosed; and, (4) the final disposition of the Confidential Information. Contractor’s records shall be subject to inspection review or audit in accordance with this agreement.

G. Immediately upon expiration or termination of this Contract or the pertinent transaction with the University, Contractor shall, at the University’s option: (1) certify to University that Contractor has destroyed all Confidential Information; (2) return all Confidential Information to the University; or (3) take whatever other steps the University requires of Contractor to protect the University’s Confidential Information. Contractor will retain no copies of Confidential Information.

H. Violation of this section by Contractor or its Subcontractors may result in termination of this Agreement and demand for return of all Confidential Information, monetary damages, or penalties.

9. COPYRIGHT PROVISIONS - Unless otherwise provided, all materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by EWU. EWU shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to EWU effective from the moment of creation of such materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Contractor hereby grants to EWU a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to EWU.

Contractor shall exert all reasonable effort to advise EWU, at the time of delivery of materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this Contract. EWU shall receive prompt written notice of each notice or claim of infringement received by Contractor with respect to any data delivered under this Contract. EWU shall have the right to modify or remove any restrictive markings placed upon the data by Contractor.

10. COVENANT AGAINST CONTINGENT FEES - Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by Contractor for securing business.

EWU shall have the right, in the event of breach of this clause by Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

11. DISALLOWED COSTS - Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

12. DISPUTES - Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with Agent. A. The request for a dispute hearing must:

i. Be in writing;

ii. State the disputed issue(s);

iii. State the relative positions of the parties;

iv. State Contractor’s name, address, and Contract number; and

v. Be mailed to the Agent and the other party’s (respondent’s) project manager within three working calendar days after the parties agree that they cannot resolve the dispute.

B. The respondent shall send a written answer to the requester’s statement to both the Agent and the requester within five (5) working calendar days.

C. The Agent shall review the written statements and reply in writing to both parties within ten (10) working days. The Agent may extend this period if necessary by notifying the parties.

D. The parties agree that this dispute…