50011-ULLAF26010.pdf

REQUEST FOR PROPOSAL

Electronic Research Administration (eRA) System Implementation and Support Services

Solicitation Number: 26010

Proposal Submission Deadline Date: August 6, 2025

Proposal Submission Deadline Time: 2:00pm (CT)

State of Louisiana University of Louisiana at Lafayette

(Released July 2, 2025) eRA RFP Solicitation File 26010

TABLE OF CONTENTS

PART I: ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Purpose

1.2 Background

1.3 Goals and Objectives

1.4 Term of Contract

1.5 Definitions

1.5.1 Acronyms

1.6 Schedule of Events

1.7 Proposal Submittal

1.8 Proposal Response Format

1.9 Number of Response Copies

1.10 Legibility/Clarity

1.11 Confidential Information, Trade Secrets, and Proprietary Information

1.12 Proposal Clarifications Prior to Submittal

1.12.1 Pre-Proposal Conference

1.12.2 Proposer Inquiry Periods

1.12.3 Blackout Period

1.13 Errors and Omissions in Proposal

1.14 Proposal Guarantee

1.15 Performance Bond

1.16 Fidelity Bond Requirements

1.17 Changes, Addenda, Withdrawals

1.18 Withdrawal of Proposal

1.19 Material in the RFP

1.20 Waiver of Administrative Informalities

1.21 Proposal Rejection

1.22 Ownership of Proposal

1.23 Cost of Offer Preparation

1.24 Non-negotiable Contract Terms

1.25 Taxes

1.26 Proposal Validity

1.27 Prime Contractor Responsibilities

1.28 Use of Subcontractors

1.29 Written or Oral Discussions/Presentations

1.30 Acceptance of Proposal Content

1.31 Independent Price Determination

1.32 Evaluation and Selection

1.33 Best and Final Offers (BAFO)

1.34 Contract Negotiations

1.35 Contract Award and Execution

1.36 Notice of Intent to Award

1.38 Insurance Requirements

1.39 Subcontractor Insurance

1.40 Liability and Indemnification

1.40.1 Contractor Liability

1.40.2 Force Majeure

1.40.3 Indemnification

1.40.4 Intellectual Property Indemnification

1.40.5 Limitations of Liability

1.40.6 Other Remedies

1.41 Payment

1.41.1 Payment for Services

1.41.2 Late Payments

1.41.3 Electronic Vendor Payment Solutions

1.42 Termination

1.42.1 Termination of the Contract for Cause

1.42.2 Termination of the Contract for Convenience

1.43 Assignment

1.44 No Guarantee of Quantities

1.45 Audit of Records

1.46 Civil Rights Compliance

1.47 Record Retention

1.48 Record Ownership

1.49 Content of Contract/ Order of Precedence

1.50 Contract Changes

1.51 Substitution of Personnel

1.52 Governing Law

1.53 Claims or Controversies

1.54 Proposer’s Certification of No Federal Suspension or Debarment

1.54.1 Proposer’s Eligibility

1.54.2 Continuing Obligation

1.55 Anti-Kickback Clause

1.56 Clean Air Act

1.57 Energy Policy and Conservation Act

1.58 Clean Water Act

1.59 Anti-Lobbying and Debarment Act

1.60 Warranties

1.61 Code of Ethics

1.62 Proposer’s Cooperation

1.63 Security

1.64 Prohibition of Discriminatory Boycotts of Israel

1.65 Prohibition of Companies That Discriminate Against Firearm and Ammunition industries……………………………………………………………………………………..29

1.66 Key Internal Control Outsourcing

1.67 Cybersecurity Training

PART II: SCOPE OF WORK/SERVICES

2.1 Scope of Work/Services

2.2 Deliverables

Core Deliverables

Optional / Value-Add Deliverables

2.3 Price Schedule

2.4 Location

2.5 Proposal Elements

2.5.1 Financial

2.5.2 Technical

2.5.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation

PART III: EVALUATION

3.1 Technical Proposal

3.2 Financial Proposal

3.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation

PART IV: PERFORMANCE STANDARDS

4.1 Performance Requirements

4.2 Performance Measurement

4.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Reporting Requirements

ATTACHMENTS

Attachment I – Certification Statement Attachment II – Insurance Requirements for Contractors Attachment III – Cost Schedule Attachment IV – Sample Generic Contract Attachment V – Sample Board Resolution or Signature Authority

REQUEST FOR PROPOSAL

FOR

Electronic Research Administration (eRA) System Implementation and Support Services

PART I: ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Purpose

The purpose of this Request for Proposal (RFP) is to obtain competitive proposals as allowed by Louisiana Revised Statute 39:1595 from qualified Proposers who are interested in providing a comprehensive Electronic Research Administration (eRA) system. This system is designed to streamline and enhance the University's research administration processes, covering everything from proposal development to award management and closeout.

1.2 Background

The University is a coeducational, public research university located in Lafayette, Louisiana, in the heart of Acadiana. It is the largest campus within the nine campuses of the University of Louisiana System and the state’s second largest university. The University offers bachelor’s, master’s, and doctoral degrees. UL Lafayette is designated a Research University with very high research activity, the Carnegie classification’s top tier (R1). UL Lafayette is dedicated to achieving excellence in undergraduate and graduate education, in research, and in public service. For undergraduate education, this commitment implies a fundamental subscription to general education, rooted in the primacy of the traditional liberal arts and sciences as the core around which all curricula are developed. Graduate programs seek to develop scholars who will advance knowledge, cultivate aesthetic sensibility, and improve the material conditions of humankind.

Thus, through instruction, research, and service, the University promotes regional economic and cultural development, explores solutions to national and world issues, and advances its reputation among its peers.

The University has nine colleges and schools:

• College of the Arts

• B. I. Moody III College of Business Administration

• College of Education & Human Development

• College of Engineering

• College of Liberal Arts

• College of Nursing & Health Sciences

• Ray P. Authement College of Sciences

• Graduate School

• University College

UL Lafayette’s Fall 2024 enrollment was more than 19,213, including 2,233 graduate students.

The academic institution's student body comprises individuals from 46 states and territories within the United States and 79 foreign countries. The University possesses roughly 1,400 acres of land and is situated in Lafayette, a city with a populace exceeding 126,000 residents.

With the University’s R1 status and the competitive cost of education, there is a great opportunity to be highly competitive in the international student market.

The University manages its research administration processes through manual workflows and various systems. However, due to the increasing number of research activities and the rising complexity of sponsor requirements, an integrated electronic research administration system is essential to support the entire lifecycle of sponsored projects.

Current Situation and Statistics:

· The University processes approximately 400 grant proposals annually

· Current research portfolio includes 390 active awards totaling approximately $225,000,000

· Multiple stakeholders involved, including faculty, department administrators, and research office staff

· Manual processes create inefficiencies and compliance risks

· Limited visibility into proposal and award status

· Challenges in reporting and data analytics

1.3 Goals and Objectives

The University desires to implement a comprehensive eRA system that will:

· Streamline the entire sponsored research lifecycle from proposal development through closeout.

· Improve proposal quality and submission timelines.

· Enhance compliance with sponsor and institutional requirements.

· Provide real-time visibility into proposal and award status.

· Enable robust reporting and analytics capabilities.

· Integrate with existing University financial and Human Resources (HR) systems.

· Reduce administrative burden on faculty and staff.

1.4 Term of Contract

The term of any contract resulting from this solicitation shall be for an initial period of three years to begin on or about September 1, 2025, and to end August 31, 2028, unless otherwise terminated in accordance with the termination provisions of the Contract. Total contract time may not exceed 36 months.

1.5 Definitions

A. Agency- Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of the State of Louisiana authorized to participate in any contract resulting from this RFP.

B. Award – The issuance of a “Notice of Intent to Award” letter to one or more successful

Proposers.

C. Can – The term denotes a permissible action.

D. Contract – A legal binding agreement between the State and the awarded Contractor(s).

E. Contractor – Any person having a contract with a governmental body. For sections of this RFP outlining required actions of a Contractor, the Contractor should be understood to refer to the successful Proposer responding to this RFP.

F. Day – A calendar day, unless explicitly identified otherwise.

G. Deliverable – A good, product, service, solution, result, labor, or other effort being sought through this RFP.

H. Discussions- For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP.

I. LaPAC – The Louisiana Procurement and Contract Network

J. May - The term denotes an advisory or permissible action per La. R.S. 39:1556(34).

K. Must - The term denotes mandatory requirements.

L. Proposal – A submission by the Proposer to enter into a Contract with the State to supply and support the products and/or services described, in accordance with the RFP specifications.

M. Proposer – A firm, venture or individual who responds to this RFP. The successful

Proposer responsive to this RFP is also described as the Contractor in this document.

N. RFP – Request for Proposals, including all attachments and exhibits and any information posted by the State to the LaPAC website, as amended.

O.

R1 – R1 Institution is a university classified as having “Very High Research Activity” under the Carnegie Classification of Institutions of Higher Education. The designation, commonly referred to as R1, represents the highest level of research activity and academic rigor among doctoral-granting universities in the United States.

P. Shall – The term denotes mandatory requirements per La. R.S. 39:1556(53).

Q. Should – The term denotes a desirable action.

R. SPFAC (Sponsored Programs Finance Administration & Compliance) – University office responsible for post-award financial administration, including award setup, budget oversight, financial reporting, sub-award monitoring, and compliance with applicable sponsor and university requirements.

S. State- The State of Louisiana and its departments, agencies (including the Using Agency), boards, and commissions as well as their officers, agents, servants, employees, and volunteers.

T. University – University of Louisiana at Lafayette (UL Lafayette)

U. Will – Denotes a mandatory requirement.

1.5.1 Acronyms

A. BAFO – Best and Final Offer B. CFR – Code of Federal Regulations C. CIS – Center for Internet Security D. COI – Conflict of Interest E. DOE – Department of Energy F. DOA – Division of Administration G. ERP – Enterprise Resource Planning H. eRA – Electronic Research Administration I. FFATA - Federal Funding Accountability and Transparency Act J. FERPA - Family Educational Rights and Privacy Act K. HECVAT – Higher Education Community Vendor Assessment Toolkit L. HR – Human Resources M. IACUC - Institutional Animal Care and Use Committee N. IRB - Institutional Review Board O. NIH - National Institutes of Health P. NSF – National Science Foundation Q. ODS – Operational Data Store R. OSP – Office of State Procurement S. PI - Principal Investigator T. PMO – Project Management Office U. SaaS – Software as a Service V. SAML - Security Assertion Markup Language W. SLAs – Service Level Agreements X. SSP - Single Sign-On Y. S2S – System-to-system Z. TTO – Technology Transfer Office AA. TTR – Time to Recovery BB. WCAG - Web Content Accessibility Guidelines

1.6 Schedule of Events

Date Time (CT)

1. RFP posted to LaPAC; July 2, 2025 and Blackout Period begins

3. Deadline to receive written inquiries July 11, 2025, 12:00 pm

4. Deadline to answer written inquiries July 18, 2025

5. Proposal Submission Deadline August 6, 2025, 2:00PM

NOTE: The University reserves the right to revise this schedule. Revisions before the Proposal Submission Deadline, if any, will be formalized by the issuance of an addendum to the RFP. Revisions after the Proposal Submission Deadline, if any, will be by written notification to the eligible Proposers.

1.7 Proposal Submittal

This RFP is available in electronic form at the LaPAC website https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm. It is available in PDF format or in printed form by submitting a written request to the RFP Contracting Officer with the University.

Contact information for the RFP Contracting Officer is provided in Section 1.12.2 Proposer Inquiry Periods of this RFP.

It is the Proposer’s responsibility to check the Office of State Procurement LaPAC website frequently for any possible addenda that may be issued. The University is not responsible for a Proposer’s failure to download any addenda documents required to submit a response to this Request for Proposal.

Proposals may be delivered by hand or courier service to the University physical location at:

Office of Purchasing University of Louisiana at Lafayette 104 University Circle Martin Hall, Room 123 Lafayette, LA 70503

Important - - Clearly mark outside of envelope, box or package with the following information and format:

• Proposal Name: Electronic Research Administration (eRA) System Implementation and Support Services

Solicitation Number: 26010 Proposal Submission Deadline Date and Time: August 6, 2025, at 2:00pm (CT).

The Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to the University physical location. The University is not responsible for any delays caused by the Proposer’s chosen means of proposal delivery. The Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in rejection of the proposal.

All proposals shall be received by the University no later than the date and time shown in Section 1.6 Schedule of Events of this RFP.

NOTE: FAX, EMAIL OR ANY OTHER ELECTRONIC SUBMISSIONS ARE NOT

ACCEPTABLE.

PROPOSALS SHALL BE OPENED VIA ZOOM AT THE LINK BELOW AND ONLY THE NAME

OF THE PROPOSERS SUBMITTING PROPOSALS SHALL BE IDENTIFIED ALOUD. NO

OTHER INFORMATION CONTAINED IN THE PROPOSAL SHALL BE RELEASED OR

DISCLOSED.

The public opening will take place on August 6, 2025, at 2:30pm (CT) on Zoom, which is available for viewing by registering at:

https://ullafayette.zoom.us/meeting/register/6AA_nq0CRLG48OnkqB4nJw https://ullafayette.zoom.us/meeting/register/6AA_nq0CRLG48OnkqB4nJw

1.8 Proposal Response Format

Proposals submitted for consideration should follow the format and order of presentation described below:

A. Cover Letter: The cover letter should be submitted on the Proposer’s official business letterhead and should exhibit the Proposer’s understanding and approach to the project. It should contain a summary of Proposer’s ability to perform the services described in the RFP and confirm that Proposer is willing to perform those services and enter into a contract with the State.

ATTENTION: Please indicate in the Cover Letter which of the following applies to the signer of the proposal. Evidence of signature authority shall be provided upon the State’s request.

1. The signer of the proposal is either a corporate officer who is listed on the most current annual report on file with the Louisiana Secretary of State or a member of a partnership or partnership in commendam as reflected in the most current partnership records on file with the Secretary of State. A copy of the annual report or partnership record must be submitted to the Office of State Procurement before the Contract award.

2. The signer of the proposal is a representative of the Proposer authorized to submit the proposal as evidenced by documents such as, corporate resolution, certification as to corporate principal, etc. If this applies a copy of the resolution, certification or other supportive documents should be attached to the Cover Letter.

3. The Proposer has filed with the Louisiana Secretary of State an affidavit or resolution or other acknowledged/authentic document indicating that the signer is authorized to submit proposals for public contracts. A copy of the applicable document must be submitted to the University before contract award.

4. The signer of the proposal has been designated by the Proposer as authorized to submit proposals on the Proposer’s vendor registration on file with the University.

The cover letter should also:

o Identify the submitting Proposer and provide their federal tax identification number;

o Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to contractually obligate the Proposer; and o Identify the name, address, telephone number, fax number, and email address of the contact person for technical and contractual clarifications throughout the evaluation period.

B. Table of Contents: Organized in the order cited in the format contained herein.

C. Proposer Background and Experience: History and background of the

Proposer, financial strength and stability, related services provided to government entities, existing customer satisfaction, volume of merchants, etc.

D. Proposed Solution Approach and Methodology: Illustrate and describe the proposed technical solution and compliance with this RFP’s requirements. The Proposer’s proposal response should give detailed responses to all the requirements and not just include a response of Yes and/or No.

E. Innovative Concepts: Presentation of innovative concepts, if any, for consideration.

F. Staff Qualifications: Resumes or bios for key personnel assigned to the project, highlighting any relevant certifications, experience in research administration, and prior eRA system implementations. Proposer may also wish to describe each team member’s anticipated role, time commitment and familiarity with current University systems such as Ellucian Banner.

G. Project Schedule: Detailed schedule of implementation plan for pilot (if applicable) and full statewide or agency implementation. This schedule is to include implementation actions, timelines, responsible parties, etc.

H. Financial Proposal: Proposer’s fees and other costs, if any, shall be submitted in accordance with Attachment III - Cost Schedule of this RFP. Prices proposed shall be firm for the duration of the Contract. This financial proposal shall include any and all costs the Proposer wishes to have considered in the contractual arrangement with the State.

The Financial Proposal should be packaged and sealed separately from the

Technical Proposal and should be clearly marked as “FINANCIAL

PROPOSAL”.

1.9 Number of Response Copies

Each Proposer shall submit one signed original proposal.

Each Proposer should submit the following:

• Six additional copies of the proposal

• One redacted copy of the proposal, if applicable (See Section 1.11 Confidential

Information, Trade Secrets, and Proprietary Information of this RFP)

• A “searchable” electronic copy of the proposal on six separate USB flash drives. The searchable electronic copy should be provided as one file.

• One electronic redacted copy of proposal on a USB flash drive, if applicable (See Section

1.11 Confidential Information, Trade Secrets, and Proprietary Information of this RFP). The electronic redacted copy should be provided as one file.

1.10 Legibility/Clarity

Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of this RFP is also desired. Each Proposer is solely responsible for the accuracy and completeness of its proposal.

1.11 Confidential Information, Trade Secrets, and Proprietary Information

The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The Financial Proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse.

For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La.

R.S. 44.1 et. seq.) shall be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification.

The Proposer shall clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of the proposal sought to be restricted in accordance with the conditions of the legend:

“The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, the University shall have the right to use or disclose the data therein to the extent provided in the Contract. This restriction does not limit the University’s right to use or disclose data obtained from any source, including the Proposer, without restrictions.”

Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”.

If the Proposer’s response contains confidential information, the Proposer should also submit a redacted copy of their proposal along with their original proposal. When submitting the redacted copy, the Proposer should clearly mark the cover as such - “REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information has been removed. The Proposer should also submit one electronic redacted copy of its proposal on a USB flash drive. The redacted copy of the proposal will be the copy produced by the University if a competing Proposer or other person seeks review or copies of the Proposer’s confidential data.

If the Proposer does not submit the redacted copy, it will be assumed that any claim to keep the information confidential is waived.

Proposers must be prepared to defend the reasons why the material should be held confidential.

By submitting a proposal with data, information, or material designated as containing trade secrets and/or privileged or confidential proprietary information, or otherwise designated as “confidential”, the Proposer agrees to indemnify and defend (including attorney’s fees) the University and hold the University harmless against all actions or court proceedings that may ensue which seek to order the University to disclose the information.

The University reserves the right to make any proposal, including proprietary information contained therein, available to University personnel, OSP personnel, the Office of the Governor, or other State Agencies or organizations for the sole purpose of assisting the University in its evaluation of the proposal. The University shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations.

Additionally, any proposal that fails to follow this section and/or La. R.S. 44:3.2.(D)(1) shall have failed to properly assert the designation of trade secrets and/or privileged or confidential proprietary information and the information may be considered public records.

1.12 Proposal Clarifications Prior to Submittal

1.12.1 Pre-Proposal Conference

NOT REQUIRED FOR THIS RFP.

1.12.2 Proposer Inquiry Periods

The University shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and operations of our customers. The University reasonably expects and requires responsible and interested Proposers to conduct their in-depth proposal review and submit inquiries in a timely manner.

An inquiry period is hereby firmly set for all interested Proposers to perform a detailed review of the RFP documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the Proposer, clearly cross-referenced to the relevant section of this RFP. All inquiries must be received by the Inquiry Deadline date set forth in Section 1.6 Schedule of Events of this RFP. Only those inquiries received by the established deadline shall be considered by the University. Inquiries received after the established deadline shall not be entertained.

Inquiries concerning this RFP shall be delivered to the University’s contact person for this RFP, Kristi Montet, NIGP-CPP, by mail, express courier, e-mail, or hand:

Attention: Kristi Montet, NIGP-CPP Office of Purchasing University of Louisiana at Lafayette Mailing Address:

P.O. Box 40197 Lafayette, LA 70504-0197

Physical (Delivery) Address:

104 University Circle Martin Hall, Room 123 Lafayette, LA 70503

Email: Kristi.montet@louisiana.edu Telephone: (337)482-5201

The Proposer is solely responsible for ensuring that any inquiries submitted by U.S. Mail are received in the Purchasing Office by the inquiry deadline. The University is not responsible for delays caused by the United States Postal Service or the Proposer’s chosen method of delivery.

Submission of inquiries via mail is at the Proposer’s own risk.

Only the person identified above, or their designee has the authority to officially respond to Proposer’s questions on behalf of the University, including during the Blackout Period. Any communications from any other individuals are not binding to the University.

An addendum will be issued and posted at the Office of State Procurement LaPAC website, to address all inquiries received and any other changes or clarifications to this RFP. Thereafter, all RFP documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any Proposer as a result of any oral discussions with any University employee or University consultant. It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The University is not responsible for a Proposer’s failure to download any addenda documents required to complete a Request for Proposal.

Any person aggrieved in connection with this RFP or the specifications contained therein, has the right to protest in accordance with La. R.S. 39:1671. Such protest shall be made in writing to the University Director of Procurement at least two days prior to the deadline for submitting proposals.

Note: LaPAC is the State’s online electronic bid posting and notification system resident on the Office of State Procurement website [http://www.doa.la.gov/Pages/osp/Index.aspx]. In that LaPAC provides an immediate e-mail notification to subscribing Bidders/Proposers that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting.

To receive the e-mail notification, Vendors/Proposers must register in the LaGov portal.

Registration is intuitive at the following link:

https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg

Help scripts are available on OSP website under Vendor Resources at:

https://www.doa.la.gov/doa/osp/vendor-resources/

1.12.3 Blackout Period

The Blackout Period is a specified period of time during a competitive sealed procurement process in which any Proposer, Bidder, or its Agent or Representative, is prohibited from communicating with any University employee or Contractor of the University involved in any step in the procurement process about the affected procurement. The Blackout Period applies not only to University employees, but also to any Contractor of the University. “Involvement” in the http://www.doa.la.gov/Pages/osp/Index.aspx https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg https://www.doa.la.gov/doa/osp/vendor-resources/ procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Section 1.12.2 Proposer Inquiry Periods of this RFP. All communications to and from potential Proposers, Bidders, Vendors and/or their representatives during the Blackout Period must be in accordance with this RFP’s defined method of communication with the designated contact person. The Blackout Period will begin upon posting of the solicitation. The Blackout Period will end when the Contract is awarded.

In those instances in which a prospective Proposer is also an incumbent Contractor, the University and the incumbent Contractor may contact each other with respect to the existing contract only.

Under no circumstances may the University and the incumbent Contractor and/or its representative(s) discuss the blacked-out procurement.

Any Bidder, Proposer, or State Contractor who violates the Blackout Period may be liable to the University in damages and/or subject to any other remedy allowed by law. Further, failure to comply with these requirements may result in the Proposal’s disqualification.

Any costs associated with the cancellation or termination will be the responsibility of the Proposer or Bidder.

Notwithstanding the foregoing, the Blackout Period shall not apply to:

1. A protest to a solicitation submitted pursuant to La. R.S. 39:1671;

2. Duly noticed site visits and/or conferences for Bidders or Proposers;

3. Oral presentations during the evaluation process; or

4. Communications regarding a particular solicitation between any person and staff of the

University provided the communication is limited strictly to matters of procedure.

Procedural matters include deadlines for decisions or submission of proposals and the proper means of communicating regarding the procurement, but shall not include any substantive matter related to the particular procurement or requirements of this RFP.

1.13 Errors and Omissions in Proposal

The University will not be liable for any errors or omissions in the proposal. The Proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: The University reserves the right to make corrections or clarifications due to patent errors identified in proposals by the University or the Proposer. The University, at its option, has the right to request clarification or additional information from the Proposer.

1.14 Proposal Guarantee

NOT REQUIRED FOR THIS RFP.

1.15 Performance Bond

NOT REQUIRED FOR THIS RFP.

1.16 Fidelity Bond Requirements

NOT REQUIRED FOR THIS RFP

1.17 Changes, Addenda, Withdrawals

The University reserves the right to change the Schedule of Events or issue Addenda to this RFP at any time. The University also reserves the right to cancel or reissue this RFP.

If the Proposer needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Proposer, cross-referenced clearly to the relevant proposal section, prior to the proposal opening date and time, and should be submitted in a sealed envelope. Such shall meet all requirements for the proposal.

1.18 Withdrawal of Proposal

A Proposer may withdraw a proposal that has been submitted at any time up to the proposal opening date and time. To accomplish this, a written request signed by the authorized representative of the Proposer must be submitted to the RFP Coordinator identified in Section

1.12.2 Proposer Inquiry Periods of this RFP.

1.19 Material in the RFP

Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by the University pursuant to this RFP.

1.20 Waiver of Administrative Informalities

The University reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal.

1.21 Proposal Rejection

Issuance of this RFP in no way constitutes a commitment by the University to award a contract.

The University reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of the University to do so. Further, the University reserves the right to cancel or decline to enter into a contract with the successful Proposer at any time after the award is made and before the contract receives final approval from the University.

In accordance with the provisions of La. R.S. 39:2192, in awarding contracts after August 15, 2010, any public entity is authorized to reject a proposal or bid from, or not award the Contract to, a business in which any individual with an ownership interest of 5% or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any State felony or equivalent federal felony crime committed in the solicitation or execution of a Contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39.

In accordance with Louisiana law, all corporations (see La. R.S. 12:262.1) and limited liability companies (see La. R.S. 12:1308.2) must be registered and in good standing with the Louisiana Secretary of State in order to hold a purchase order and/or a contract with the University.

1.22 Ownership of Proposal

All materials submitted in response to this RFP become the property of the University. Selection or rejection of a proposal does not affect this right. All proposals submitted will be retained by the University and not returned to the Proposers. Any copyrighted materials in the response are not transferred to the University.

1.23 Cost of Offer Preparation

The University is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to this RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the University.

1.24 Non-negotiable Contract Terms

Non-negotiable contract terms include but are not limited to Taxes, Assignment of Contract, Audit of Records, EEOC and ADA Compliance, Record Retention, Content of Contract/Order of Precedence, Contract Changes, Governing Law, Claims or Controversies, and Termination for Non-Appropriation of Funds.

1.25 Taxes

Any taxes, other than State and local sales and use taxes, from which the University is exempt, shall be assumed to be included within the Proposer’s cost.

1.26 Proposal Validity

All proposals shall be considered valid for acceptance until such time an award is made, unless the Proposer provides for a different time period within its proposal response. However, the University reserves the right to reject a proposal if the Proposer’s acceptance period is unacceptable and the Proposer is unwilling to extend the validity of its proposal.

1.27 Prime Contractor Responsibilities

The selected Proposer shall be required to assume responsibility for all items and services offered in their proposal whether or not they produce or provide them. The University shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Contract.

1.28 Use of Subcontractors

Each Contractor shall serve as the single prime Contractor for all work performed pursuant to its Contract. That prime Contractor shall be responsible for all deliverables referenced in this RFP.

This general requirement notwithstanding, Proposers may enter into subcontractor arrangements.

Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime Contractor acknowledges total responsibility for the entire Contract.

If it becomes necessary for the prime Contractor to use subcontractors, the University urges the prime Contractor to use Louisiana vendors, including small and emerging businesses, a small entrepreneurship or a veteran or service-connected disabled veteran-owned small entrepreneurship, if practical. In all events, any subcontractor used by the prime Contractor should be identified to the University Project Manager.

Information required of the prime Contractor under the terms of this RFP, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the Contract. The prime Contractor shall assume total responsibility for compliance.

1.29 Written or Oral Discussions/Presentations

The University, at its sole discretion, may require all Proposers who submit proposals determined to be reasonably susceptible of being selected for the award to provide a written or oral discussion or presentation of how they propose to meet the University objectives; however, the University reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received.

Any commitments or representations made by the Proposer during these discussions, if conducted, may become formally recorded in the final Contract.

Written or oral discussions or presentations for clarification may be conducted to enhance the University understanding of any or all of the proposals submitted. Proposals may be accepted without such discussions.

1.30 Acceptance of Proposal Content

The mandatory RFP requirements shall become contractual obligations if a Contract ensues.

Failure of the successful Proposer to accept these obligations shall result in the rejection of the proposal.

1.31 Independent Price Determination

By submitting a proposal, the Proposer certifies that the price submitted was independently arrived at without collusion.

1.32 Evaluation and Selection

All responses received as a result of this RFP are subject to evaluation by the University Evaluation Committee for the purpose of selecting the Proposer most advantageous to the University with whom the University shall contract.

To evaluate all proposals, a committee whose members have expertise in various areas has been selected by the University. A consensus-based evaluation process shall be used to evaluate responses. This committee will determine which proposals are reasonably susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of the Proposers to make this determination.

The University Evaluation Committee may consult Subject Matter Expert(s) (SMEs) to serve in an advisory capacity regarding any Proposer or Proposal. Such input may include, but not be limited to, analysis of Proposer financial statements, review of technical requirements, or preparation of cost score data.

Written recommendation for award shall be made to the University Procurement Office for the responsible Proposer whose proposal, conforming to the RFP, will be the most advantageous to the University, price and other factors considered.

The committee may reject any or all proposals if it is considered in the best interest of the University.

1.32.1 Determination of Responsibility

Determination of the Proposer’s responsibility relating to this RFP shall be made according to the standards set forth in the Louisiana Administrative Code, Title 34, Part V. The University must find that the selected Proposer:

1. Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance;

2. Has the necessary experience, organizations, technical qualifications, skills, and facilities, or has the ability to obtain them;

3. Is able to comply with the proposed or required time of delivery or performance schedule;

4. Has a satisfactory record of integrity, judgment, and performance; and

5. Is otherwise qualified and eligible to receive an award under applicable laws and regulations.

1.33 Best and Final Offers (BAFO)

The University reserves the right to conduct a BAFO with one or more Proposers determined by the evaluation committee to be reasonably susceptible of being selected for an award. If conducted, the Proposers selected to participate will receive written notification of their selection, with a list of specific items to be addressed in the BAFO along with instructions for submittal. The BAFO negotiation may be used to assist the University in clarifying the scope of work or to obtain the most cost effective pricing available from the Proposers.

The written invitation to participate in the BAFO will not obligate the University to a commitment to enter into a Contract.

1.34 Contract Negotiations

If for any reason, after final evaluation and issuance of the Intent to Award letter, the responsible Proposer whose proposal is most advantageous to the University needs, price and other evaluation factors set forth in this RFP considered, does not agree to a Contract, that proposal shall be rejected and the University may negotiate with the next most advantageous responsible Proposer.

Negotiation may include revision of any non-mandatory terms or conditions, and clarification of the scope of work and/or implementation of the most cost effective pricing available from the Proposers.

1.35 Contract Award and Execution

The University reserves the right to enter into a Contract without further discussion of the Proposal submitted based on the initial offers received.

The RFP, including any addenda, and the proposal of the selected Proposer will become part of any Contract initiated by the University.

Proposers are discouraged from submitting their own standard terms and conditions with their proposals. Proposers should address the specific language in the Sample Generic Contract in Attachment IV of this RFP and submit any exceptions or deviations the Proposer wishes to negotiate. The proposed terms will be negotiated before a final contract is executed. The mandatory terms and conditions including but not limited to those contained in Section 1.24 Non-negotiable Contract Terms of this RFP are not negotiable. If applicable, a Proposer may submit or refer to a Master Agreement entered into by the Contractor and the Office of State Procurement in accordance with La. R.S. 39:198(J).

If the contract negotiation period exceeds 30 days or if the selected Proposer fails to sign the contract within seven calendar days of delivery of it, the University may elect to cancel the award and award the contract to the next most advantageous responsible Proposer.

Award shall be made to the Proposer with the highest score, whose proposal, conforming to this RFP, will be the most advantageous to the University, price and other factors considered.

The University intends to award to a single Proposer.

Vendor Registration Expectation:

The Proposer selected for award will be invited to register in PaymentWorks, the University’s secure electronic vendor registration system. Completion of the registration process facilitates contract execution and payment processing.

1.36 Notice of Intent to Award

Upon review and approval of the evaluation committee’s and agency’s recommendation for award, University Procurement Office will issue a “Notice of Intent to Award” letter to the apparent successful Proposer. The “Notice of Intent to Award” letter is the notification of the award of the contract. However, the “Notice of Intent to Award” is contingent upon successful negotiation of a final contract.

University Procurement Office will also notify all unsuccessful Proposers as to the outcome of the evaluation process. The proposals received (except for that information appropriately designated as confidential in accordance with La. R.S. 44.1 et. seq.) along with the evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report are public record and shall be made available, upon request, to all interested parties after the “Notice of Intent to Award” letter has been issued.

Any person aggrieved by the proposed award has the right to submit a protest in writing, in accordance with La. R.S. 39:1671, to the University Director of Procurement, within 14 days of the award/intent to award. The “Notice of Intent to Award” letter starts the protest period.

1.37

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1.38 Insurance Requirements

The Contractor shall furnish the University with Certificates of Insurance (COI) effecting coverage(s) required by this RFP in accordance with Attachment II - Insurance Requirements for Contractors. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the University before work commences. The University reserves the right to require complete certified copies of all required policies, at any time. The Contractor shall maintain the insurance as shown in Attachment II - Insurance Requirements for Contractors for the full term of the Contract. Failure to comply shall be grounds for termination of the Contract.

1.39 Subcontractor Insurance

The Contractor shall include all subcontractors as insured’s under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the Contractor.

1.40 Liability and Indemnification

1.40.1 Contractor Liability

The Contractor shall be liable without limitation to the University for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of the Contractor, its owners, agents, employees, partners or subcontractors.

1.40.2 Force Majeure

It is understood and agreed that neither party can foresee the exigencies beyond the control of each party which arise by reason of an Act of God or force majeure; therefore, neither party shall be liable for any delay or failure in performance beyond its control resulting from an Act of God or force majeure. The University shall determine whether a delay or failure results from an Act of God or force majeure based on its review of all facts and circumstances. The parties shall use reasonable efforts, including but not limited to, use of continuation of operations plans (COOP), business continuity plans, and disaster recovery plans, to eliminate or minimize the effect of such events upon the performance of their respective duties under the Contract.

1.40.3 Indemnification

The Contractor shall fully indemnify and hold harmless the University, without limitation, for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of the Contractor, its owners, agents, employees, partners or subcontractors.

The Contractor shall not indemnify for the portion of any loss or damage arising from the University act or failure to act.

1.40.4 Intellectual Property Indemnification

The Contractor shall fully indemnify and hold harmless the University, without limitation, from and against damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities in any action for infringement of any intellectual property right, including but not limited to, trademark, trade-secret, copyright, and patent rights.

When a dispute or claim arises relative to a real or anticipated infringement, the Contractor, at its sole expense, shall submit information and documentation, including formal patent attorney opinions, as required by the University.

If the use of the product, material, service, or any component thereof is enjoined for any reason or if the Contractor believes that it may be enjoined, the Contractor, while ensuring appropriate migration and…