210087-CK E-Text RFP Final.pdf

State of Wisconsin

DOA-3261 (R05/2014)

s.16.75, Wis. Statutes PROPOSALS MUST BE SEALED & ADDRESSED TO: Remove from proposer list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

Proposal envelope must be sealed and plainly marked in lower corner with due date and Request for Proposal # 210087-CK. Late proposals will be rejected. Proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the proposal is due.

Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the mail system does not constitute receipt of a proposal by the purchasing office. Any proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.

Proposals must be submitted separately, i.e., not included with sample packages or other proposals.

Proposal openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Proposer should contact the person named below for an appointment to view the proposal record. Proposals shall be firm for acceptance for sixty (60) days from date of proposal opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award..

Stephanie Ganz Associate Procurement Specialist University of Wisconsin-Stout 817 S. Broadway Menomonie, WI 54751

REQUEST FOR PROPOSAL

THIS IS NOT AN ORDER

PROPOSER (Name and Address)

Proposals MUST be in this office no later than

November 23, 2020 (2:00PM)

Name (Contact for further information) Stephanie Ganz – Associate Procurement Specialist Phone Date 715-232-2453 Quote Price and Delivery FOB Destination

Public Opening No Public Opening

Description

A REQUEST FOR PROPOSAL (RFP #210087-CK)

For E-Text Solution

Issued By:

STATE OF WISCONSIN

UNIVERSITY OF WISCONSIN-STOUT

Payment Terms: Delivery Time:

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.

Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson Ave., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Proposal and all terms of our proposal.

Name of Authorized Company Representative (Type or Print)

Title Phone Fax

Signature of Above Date Email:

This form can be made available in alternate formats to individuals with disabilities upon request.

Table of Contents State of Wisconsin

1. GENERAL INFORMATION

1.1 Introduction

1.2 Scope of the project

1.3 Objectives

1.4 Procuring and contracting agency

1.5 Definitions

1.6 Clarification and/or revisions to the specifications and requirements

1.7 Intentionally Blank

1.8 Parking

1.9 Reasonable accommodations

1.10 Calendar of events

1.11 Contract term and funding

1.12 Wisconsin eSupplier Portal Registration

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

2.2 Incurring costs

2.3 Submitting the proposal

2.4 Proposal organization and format

2.5 Multiple proposals

2.6 Conflict of Interest

2.7 Oral presentations and site visits

2.8 Demonstrations

2.9 Withdrawal of proposals

3 TERMS AND CONDITIONS OF CONTRACT

3.1 Standard Terms and Conditions

3.2 Payment Terms and Invoicing Requirements

3.3 F.O.B. Destination

3.4 Acceptance and Testing (Post Award)

3.5 Insurance

3.6 Record and Audit

3.7 Subcontracting:

3.8 Fair Price Analysis

3.9 Severability

3.10 Environmentally Friendly (“Green”) Product

3.11 Supplier Diversity

3.12 Executed contract to constitute entire agreement

3.13 Performance Meetings

3.14 Termination of contract

3.15 Debarment

3.16 Electronic Commerce/Online Ordering

3.17 Promotional Materials/Endorsements

3.18 Additional Items/Services:

4 PROPOSAL SELECTION AND AWARD PROCESS

4.1 Preliminary evaluation

4.2 Proposal scoring

4.3 Right to reject proposals and negotiate contract terms

4.4 Award and final offers

4.5 Notification of intent to award

4.6 Appeals process

5 GENERAL PROPOSAL REQUIREMENTS (Mandatory Requirements) 6 TECHNICAL REQUIREMENTS (1000 points possible)

6.1 Company background and experience

6.2 Staff qualifications

6.3 Proposer references

6.4 Implementation plan

6.5 Integration with learning management system

6.6 Network/Security

6.7 End-user functionality

6.8 Content Backup

6.9 Storage/Expansion

6.10 Documentation and Help Desk support

6.11 Content Standards

6.12 Process for notification regarding title availability

6.13 Cost Calculation

6.14 Licensing Model

6.15 Accessibility

6.16 Access to content:

6.17 Client feedback mechanism

6.18 Future Development

6.19 Discount Options

6.20 Financial Reporting Capabilities

6.21 Late Additions

6.22 Publisher Agreements

7 COST PROPOSAL (350 points possible)

7.1 General instructions on preparing cost proposals

7.2 Format for submitting cost proposals

7.3 Fixed price period

8 REQUIRED FORMS

1. GENERAL INFORMATION

1.1 Introduction

University of Wisconsin-Stout (UW-Stout) is requesting proposals from firms that are interested in providing E- Text for its online and on-campus courses, as specified herein. The intent of this Request for Proposal (RFP) and the ensuing process is to provide companies with the information, requirements, and specifications necessary for the preparation of a professional and comprehensive proposal. Specific terms and conditions are outlined.

Selection of the successful companies (Contractors) will be based upon a variety of factors such as, but not limited to: providing digital texts and content at a cost that represents a significant savings to students; providing digital texts and content without restrictions for printing and continued access; ensuring that the digital texts and content can technically integrate with UW-Stout’s learning management system, for online and offline access and annotation with other members of a class; and the willingness to enter into a long-term partnership with UW-Stout to reduce costs and enhance learning and access to course content.

1.2 Scope of the project

1.2.1 Institution Background

At UW-Stout, Wisconsin’s Polytechnic University, programs prepare students for productive careers in industry, commerce, education and human services through the study of applied mathematics and science, art and design, business and management, social and behavioral sciences, education, family and consumer sciences, select engineering programs, applied technologies, select health studies, and technical communication. UW-Stout offers 50 undergraduate programs, 22 graduate programs, and a doctorate degree, to more than 8,340 students. Our unique approach has helped UW-Stout graduates achieve an average employment rate of 97% for the past 10 years. UW-Stout graduates live, think and work creatively. Technology has become part of UW-Stout’s DNA, paying tremendous benefits for students after they join a workplace dominated by technology.

UW-Stout has been designated Wisconsin’s Polytechnic University by the UW System Board of Regents.

UW-Stout offers a comprehensive curriculum that prepares graduates for professional careers. We blend theory with practice to produce innovative solutions to real world problems. We also work closely with business, industry and other educational institutions to benefit students and grow the economy.

UW-Stout was honored in 2001 as a winner of the Malcolm Baldrige National Quality Award. UW-Stout is the first Malcolm Baldrige Award recipient in higher education. The Baldrige Award is given by the President of the United States to businesses—manufacturing and service, small and large—and to education and health care organizations that apply and are judged to be outstanding in seven areas:

leadership, strategic planning, customer and market focus, information and analysis, human resource focus, process management, and business results.

Our eStout program ensures that every undergraduate has a laptop for use inside and out of the classroom.

The eStout Program is the digital learning environment at UW-Stout which offers students a variety of opportunities to be successful in achieving their academic goals. The program ensures that students and faculty have a standard set of tools - both hardware and software - that meet a majority of their wireless computing needs, thus producing a wireless laptop campus environment. The digital culture at UW-Stout is emerging as a dynamic agent for changing ways we learn. Students receive a laptop computer, backpack and a variety of cords/accessories as well as software, wireless and wired connectivity on campus, course management systems, service and support, training, network storage, e-mail, web page space, and multimedia classrooms.

UW-Stout Online offers online and distance education options for over 70 undergraduate and graduate degrees, certificates and certifications, and professional development.

Customized instruction is supported through a learning management system. Customized instruction refers to specialized education programming designed for a specific population and delivered in a nontraditional manner. The customized aspects of the instruction of these programs include populations served; assurance of course delivery; delivery methods; and delivery times and dates.

1.2.2 UW-Stout’s Learning Management System

UW-Stout currently uses the learning management system Canvas by Instructure. The LMS is subject to change in the future.

1.3 Objectives

UW-Stout is taking steps to reduce the cost and increase the learning outcomes associated with digital course materials for students by engaging in new models of electronic delivery for digital content, digital textbooks, and/or E-Text. UW-Stout is receptive to review any model that can 1) deliver high quality materials of choice – in digital format – to students at a very low cost; 2) enable new tools for teaching and learning (e.g., social annotation, ease of access by students, online/offline access); 4) increase ease of access for students with disabilities; and 5) deliver and integrate the digital content within the learning management system. The scope of this RFP process is limited to economic and technological models for distributing digital content, not physical textbooks.

UW-Stout has a textbook rental system which is supported through student segregated fees. This model guarantees a 100% sell through for digital content in exchange for dramatically reduced costs for the students.

UW-Stout is very interested in partnering with publishers/solution providers who are willing to engage further in this model, or with other innovative models that can lower the cost of digital content and enable new tools for teaching and learning, including but not limited to:

1. Publisher, multi-publisher, solution provider, and/or partnered arrangements that deliver low-cost digital content to students directly through integration with the learning management system or via a third party.

2. Use of university-managed segregated fees by course/section that ensures that every student enrolled in a specific course/section pays a license for use of required digital content.

UW-Stout will make successful models of distribution available to all UW-Stout faculty and will help facilitate the use of E-Text through support, training, and sharing of effective teaching practices for the UW-Stout community. The choice to adopt E-Text, however, remains with the faculty.

A sole-source, single publisher arrangement (in which only one publisher provides all digital content) will not be accepted. UW-Stout seeks to ensure that faculty who opt to teach with E-Texts can choose from a large variety of digital content to best serve their objectives. That choice can only be accomplished through multiple publishers and/or solution provider arrangements with UW-Stout.

UW-Stout reserves the right to select a vendor/third-party to 1) provide delivery of the content from the publisher/solution provider into the learning management system, and 2) provide the software necessary to view/interact with the content. Any publisher/solution provider that enters into an arrangement to deliver content to UW-Stout must ensure interoperability with the vendor/third-party, if one is selected.

1.4 Procuring and contracting agency

This Request for Proposal (RFP) is issued by the University of Wisconsin-Stout which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is:

Stephanie Ganz – Associate Procurement Specialist Telephone number: 715-232-2453 Email: ganzs@uwstout.edu

The contract resulting from this RFP will be administered by the University of Wisconsin-Stout’s Department of Instructional Resource Service. The contract administrator will be Bob Butterfield, Director.

1.5 Definitions

The following definitions are used through the RFP.

Agency: means the University of Wisconsin-Stout Analytics: means the discovery and communication of meaningful patterns in data.

BAFO (Best and Final Offer): refers to an optional award step process to further differentiate top scoring proposals Bidder/Proposer/Vendor: means a firm submitting a bid/proposal in response to this Request for Proposal (RFP) Content Provider: means a person or organization who supplies digital resources by agreement, license, or through open means to UW-Stout for use in the curriculum Contract: means all RFP bid documents and the Contractor’s bid response information Contract Administrator: UW-Stout representative responsible for the day to day operations and communication with vendor(s): Bob Butterfield, Director of Instructional Resources Service Contractor: means successful Proposer(s)/Vendor(s) awarded the Contract Digital Content/Resources: means resources that are both born digital and digitized materials which can be either accessible from the world-wide-web, a publisher’s platform or through a third party reader platform. These digital materials include: e-books, publisher ancillary materials, video, audio or any other resources presented in a digital format through commercial or open means DVB: Disabled Veteran-Owned Business E-Text: has the same meaning as Digital Content/Resources MBE: refers to State of Wisconsin Certified Minority Business Enterprise Should, Must, Will, and Shall: are terms used throughout the RFP meaning a required component of the RFP Personal Use: means that a platform or item of digital content is intended for the sole individual use of a UW- Stout student or faculty member for research, study, or professional development while attending or employed at UW-Stout. This privilege is not transferable to a third party except in accordance with the usage agreements established for use of the content or platform Purchasing Department: is UW-Stout’s Purchasing and Materials Management Department directing/supervising the RFP procurement process Responsive Design: means an approach to web page creation that makes use of flexible layouts, flexible images and cascading style sheet media queries RFP: means Request for Proposal RFP Manager: Stephanie Ganz – Associate Procurement Specialist State: means State of Wisconsin.

Stout or UW-Stout: means University of Wisconsin-Stout University and UW: means University of Wisconsin-Stout uTexT: means University Textbook Transition program WBE: means Woman-Owned Business Enterprise

1.6 Clarification and/or revisions to the specifications and requirements

Any questions concerning this RFP must be submitted via email on or before the date listed in sec 1.10 to:

mailto:ganzs@uwstout.edu

Stephanie Ganz Associate Procurement Specialist University of Wisconsin-Stout Email: ganzs@uwstout.edu

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFP DOCUMENT at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the above-named individual of such error and request modification or clarification of the RFP.

If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the Proposer, or which must have reasonably been known to the Proposer, then the Proposer shall submit a response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial RFP.

Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any supplements or revisions thereof.

Any contact with State employees concerning this RFP are prohibited, except as authorized by the RFP manager during the period from date of release of the RFP until the notice of intent to contract is released.

1.7 Intentionally Blank

1.8 Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Stout Parking Services located in 110 University Services Building Menomonie, WI 54751 (715) 232-1792. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

1.9 Reasonable accommodations

The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a proposal opening/vendor conference, contact Stephanie Ganz at the UW-Stout Procurement Office at (715) 232-2453.

1.10 Calendar of events

Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the State. In the event that the State finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

DATE EVENT

October 26, 2020 Date of issue of the RFP.

mailto:ganzs@uwstout.edu

November 09, 2020 Last day for submitting written inquires.

November 23, 2020 (2:00PM) Proposals due from vendors.

December 07-11, 2020 Interviews/on-site demos for invited vendors.

Demo 1: 12/07/2020 @ 1:00 PM Demo 2: 12/07/2020 @ 3:00 PM Demo 3: 12/08/2020 @ 11:00 AM Demo 4: 12/09/2020 @ 3:00 PM Demo 5: 12/10/2020 @ 11:00 AM Demo 6: 12/11/2020 @ 2:30 PM January 8, 2021 (est.) Notification of intent to award sent to vendors.

January 22, 2020 (est.) Contract start date.

1.11 Contract term and funding

The contract shall be effective on the contract execution date and shall run for one (1) year or less from that date, with an option by mutual agreement of the agency and contractor(s), to renew for four (4) additional one (1) year periods. Renewal periods will be based on the fiscal year period beginning July 1 and ending June 30. Renewal will depend upon funding and Contractor performance.

1.12 Wisconsin eSupplier Portal Registration

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail.

Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

The evaluation and selection of a contractor and the contract will be based on the information submitted in the vendor's proposal plus references and any required on-site visits or oral interviews. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response. The University, at its sole discretion, may require oral presentations, product demonstrations and/or proposer location site visits to validate information submitted with the proposals. Failure of a proposer to conduct a presentation on the date scheduled or allow an on-site/proposer site visit may result in rejection of the proposal. These events cannot be used as an opportunity to alter proposals submitted.

https://vendornet.wi.gov/

Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

2.2 Incurring costs

The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.

2.3 Submitting the proposal

Proposer must submit their proposal via email in a searchable PDF format. Cost proposals must be submitted via email in excel format. Subject line of email must indicate the RFP # along with the vendor name.

Example email subject line:

“RFP#210087-CK: Vendor Name”.

Two files are required and can be sent in the same email; one for proposal response and one for cost proposal response. These must be separate files.

Example file names for each:

“RFP#210087-CK: Vendor Name proposal response” “RFP#210087-CK Vendor Name cost proposal response”

Proposals are to be sent to:

to: Stephanie Ganz ganzs@uwstout.edu and cc: Carley Kukuk kukukc@uwstout.edu

Proposer may submit a hardcopy as well, but this is not required. Hardcopy proposals can be sent to:

Stephanie Ganz Associate Procurement Specialist University of Wisconsin-Stout 817 S. Broadway Menomonie, WI 54751

Proposals must be received via email by the specified time noted in the timeline in section 1.10. All proposals must be time-stamped as accepted by the Purchasing Office by the stated time. Proposals not time stamped will not be accepted. Receipt of a proposal via hardcopy does not constitute receipt of a proposal by the Purchasing Office for purposes of this RFP.

2.4 Proposal organization and format

Proposals should be organized and presented in the order and by the section number assigned in the RFP.

Proposals must be organized with the following headings and subheadings. Each heading and subheading should mailto:tiltonb@uwstout.edu mailto:kukukc@uwstout.edu be separated by tabs or otherwise clearly marked. The RFP sections which should be submitted or responded to are:

(EXAMPLE)

Cover page Introduction Response to general (mandatory) requirements (Section 5) Response to technical requirements (Section 6) Required forms Request for Proposal Form (DOA-3261) Standard Terms and Conditions (Requests for Bids/Proposals) (DOA-3054) Supplemental Standard Terms and Conditions for Procurements for Services (DOA-

3681) Bidder Required Form (DOA-3832) Mandatory General Requirements Matrix Appendix C: Cost Proposal Appendix D: Digital Learning Environment Integration Information Appendix E: Vendor Checklist

The vendor must submit its Cost Proposal on the excel form provided in Appendix C according to the instructions provided. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal.

No mention of the cost proposal may be made in the response to the technical requirements of this Request for Proposal.

2.5 Multiple proposals

Multiple proposals from a vendor will be permissible; however, each proposal must conform fully to the requirements for proposal submission. Each such proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple proposals.

2.6 Conflict of Interest

By submitting a Proposal, the Proposer certifies that no relationship exists between the Proposer and the University that interferes with fair competition or is a conflict of interest, and no relationship exists between the Proposer and another person or firm that constitutes a conflict of interest that is adverse to the University.

2.7 Oral presentations and site visits

Selected vendors may be required to make oral, virtual, or on-site presentations and/or site visits to supplement and/or clarify their proposals, if requested by the University. Failure of a proposer to interview or attend a site visit on the date scheduled may result in rejection of the vendor's proposal.

2.8 Demonstrations

Top-scoring vendor(s) may be required to install and demonstrate its product and/or service virtually. Each demonstration will be 1 hour in length with ½ hour question and answer portion after the demonstration is completed. The agency will furnish detailed specifications concerning the demonstration site and the particular test it will use to exercise the vendor's product(s) and/or service. Failure of a vendor to furnish the product and/or service it has proposed for demonstration within the time constraints of this paragraph may result in rejection of that proposal. Failure of any product and/or service to meet the agency's specified requirements during the demonstration may result in rejection of the vendor's proposal.

The successful demonstration of the vendor's product and/or service does not constitute acceptance by the agency.

Any product and/or service furnished by the vendor for the purposes of this demonstration must be identical in every respect to those which will be furnished if a contract results.

2.9 Withdrawal of proposals

Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal in writing at any time up to the proposal closing date and time or upon expiration of ten (10) days after the due date and time if received by the RFP manager. To accomplish this, the written request must be emailed from an authorized representative of the proposer and submitted to the RFP manager. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal closing date and time.

3 TERMS AND CONDITIONS OF CONTRACT

3.1 Standard Terms and Conditions

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award.

3.2 Payment Terms and Invoicing Requirements

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Stout. The University will pay the Contractor Net 30 days as accepted by the University.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by University Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

An invoice must be provided within 30 days after the final add/drop date of the current academic term.

Subsequent invoices must be submitted monthly after content is accessed.

All invoices must be itemized showing the following information for each resource:

• Term

• Subject

• Catalog number

• Section Number

• Enrollment

• Publisher

• ISBN

• Resource Title

• List of who the content was prepared for

UW-Stout reserves the right to negotiate content costs directly with publishers. The invoice must separately delineate the amounts due for platform fees and for content.

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to University of Wisconsin-Stout Accounting Services, 125 Administration Building 712 South Broadway Menomonie, WI 54751.

3.3 F.O.B. Destination

All deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Contractor.

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at Mail and Receiving, University Services Building, 817 Broadway Street South Menomonie WI 54751. Proposal prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Cost Proposal form. This additional cost will be added to the proposal total and will serve as the basis for determining the award.

Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in proposal price or discount may disqualify your proposal.

3.4 Acceptance and Testing (Post Award)

The solicitation shall be conditionally awarded based on the responses provided by you in your response to this solicitation. After the award, but prior to implementation, the Universities’ Information Technology Group will conduct testing to verify that your products and services meet or exceed the technical and security requirements called out in this document. If as a result of this testing, your product is found to be out of compliance with these requirements, the University reserves the right to take any or all of the following actions. 1) withdraw the award from your company and go to the next highest scoring bidder or 2) renegotiate the product offering, pricing, or any other term in your bid if it is in the best interest of the University 3) completely cancel the bid.

Acceptance testing will occur within 30 days after the item/service has been delivered/installed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have 10 days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor may be asked to remove the item and return any payments that may have been made.

Robert Butterfield, or his designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

3.5 Insurance

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions (DOA-3054). A certificate of insurance must be provided upon award.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an additional insured under the commercial general, automobile and Contractor’s liability policies.

The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

3.6 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

3.7 Subcontracting:

3.7.1 Any Contract resulting from this proposal shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

3.7.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

3.7.3 Subcontractors must abide by all terms and conditions under this Contract.

3.8 Fair Price Analysis

Purchases made under this contract may require further fair price analysis. The awarded Proposer will be required to provide documentation (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis.

3.9 Severability

If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

3.10 Environmentally Friendly (“Green”) Product

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

3.11 Supplier Diversity

3.11.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor may be requested to provide information about its purchases from

Wisconsin certified MBEs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms go to https://wisdp.wi.gov/search.aspx select the MBE box and click search.

3.11.2 Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the

Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

3.11.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the

Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement. State of Wisconsin Agencies may make awards to certified Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified proposal when that qualified proposal is not more than 5% higher than the apparent low proposal or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statues.

3.12 Executed contract to constitute entire agreement

In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the agency and the contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award.

The following priority for contract documents will be used if there are conflicts or disputes.

Contract Award Letter https://wisdp.wi.gov/search.aspx

State Request for Proposal document Vendor's proposal response to RFP Official Purchase Order

Any other terms and conditions provided by the Proposer with the proposal or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements;

or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFP should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the proposal response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

Submitting a standard Proposer contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the proposal.

The University reserves the right to negotiate contractual terms and conditions or reject the Proposer‘s response and proceed to the next qualified proposer

3.13 Performance Meetings

The Account Representative and/or Proposer Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

3.14 Termination of contract

3.14.1 The agency may terminate the contract at any time at its sole discretion by delivering 90 days written notice to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the agency. In the event that the contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 10 days of said termination, all payments made hereunder by the agency to the contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the contractor to the agency not less than 180 days prior to said termination.

3.14.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 15 calendar days.

Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to:

inability to provide the needed E-Textbooks in the requested time, inability to procure the needed E- Textbooks for the classes offered or failure to provide any of the Terms, Conditions or Specifications.

3.14.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

3.14.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 8, the University has the right to cancel and terminate the Contract without notice.

3.14.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

3.14.6 All notices of performance failure must be submitted in writing to Purchasing, 817 Broadway, Menomonie, WI 54751. Purchasing shall be final authority for all performance failure determinations.

3.15 Debarment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document, you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

3.16 Electronic Commerce/Online Ordering

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts

3.17 Promotional Materials/Endorsements

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

3.18 Additional Items/Services:

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

4 PROPOSAL SELECTION AND AWARD PROCESS

4.1 Preliminary evaluation

The proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet mandatory requirements will result in rejection of the proposal. If no proposer is able to comply with a given specification or mandatory requirement, Purchasing reserves the right to delete that specification or mandatory requirement. In the event that all vendors do not meet one or more of the mandatory requirements, the University reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

4.2 Proposal scoring

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. A proposer may not contact any member of an evaluation committee except at the State’s direction. The committee may review references, request interviews, and/or conduct on-site visits and use the results in scoring the proposals. The responses will be evaluated based on the relative merits to the needs of the University (rather than relative to competing Proposer’s responses). The proposals will be scored independently by each committee member and the resulting scores will be averaged to determine the highest scoring proposal.

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE) or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified proposal when that qualified proposal is not more than 5% higher than the apparent low proposal or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

4.2.1 Pricing

The lowest priced cost proposal will receive 100% of the allotted cost points. All other proposals will be scored using the formula as follows:

Lowest Proposed Cost (constant) X Maximum evaluation points given to cost = SCORE Other Proposer's Cost

(varies according to proposal being scored)

Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This result will always be less than one. The result is then multiplied by the number of points given to the cost section of the RFP.

4.2.2 Points

For all other non-pricing related responses, points will be awarded relative to the needs of the State of Wisconsin, as solely determined by the evaluation committee members.

Evaluation and selection of a proposal will be based on the assignment of points by the evaluation committee white is then combined with the Cost Proposal points for a final score (See Point Matrix Below)

Points Matrix Points Available

General Requirements Mandatory

Qualifications & Company History 45 points Implementation, Functionality and Support 580 points Content Availability 80 points Accessibility, Feedback and Future Development 235 points Licensing Model & Financial Information 60 points

Total Technical Possible 1000 points

Total Possible Cost Score 350 points

MAXIMUM POSSIBLE TOTAL SCORE 1350 points

4.2.3 Evaluation Criteria

Only proposals that have received a combined score of 810 points or greater for the technical requirements and the cost proposal score will be eligible for further consideration. A proposal that receives less than 810 points on these combined sections will be ineligible for further consideration.

Proposals will be evaluated and scored in categories and may…