ASU24005-RFP Web Hosting _ Maintenance 2.1.24.pdf

ASU24005- RFP

Website Hosting, Maintenance & Application

Developer

Posted: February 1, 2024

Adams State University

208 Edgemont Blvd.

Alamosa, CO 81101

Request for Proposals (RFP) Cover Sheet

SOLICITATION NUMBER: DEADLINE / DUE DATE AND TIME:

Adams State University ASU24005-RFP 2:00 P.M., MT, March 13, 2024

DESCRIPTION:

Website Hosting, Maintenance & Application Developer

THIS COMPLETED PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL.

COMPANY NAME___________________________________________________________________

ADDRESS: _________________________________________________________________________ CITY/STATE/ZIP_____________________________________________________________________ PHONE:__________________________________ F.E.I.N.__________________________________

AUTHORIZED SIGNATURE _____________________________________ TITLE: ____________________ TYPED/PRINTED NAME__________________________________________________________________

EMAIL ADDRESS _______________________________________________________

CONTACT PERSON (IF DIFFERENT) _______________________________________

PHONE _____________________________ EMAIL ________________________________________ ADDRESS (IF different) _______________________________________________________________

Proposal Completion Checklist – Bidder has included all of the following in their submission

1. ___ Response Cover Sheet

2. Required Attachments:

___ Attachment A Vendor Disclosure Statement __ W-9

3. ___ Technical Proposal

4. ___ Cost proposal is packaged and labeled separately from the technical proposal.

5. Confidential or Proprietary information is in my response: ___Yes ___No. If yes, information is labeled and segregated per Section 6.9.

Bidder to answer and acknowledges the following:

· Registered with the State of Rocky Mountain e-Purchasing System https://www.bidnetdirect.com system? _______Yes ______No

· Will perform services or subcontracting outside the United States or Colorado?

__ Yes ____No

1. Section 1: RFP General Information

1.1. Description:

Adams State University is seeking proposals from qualified vendors to host and provide daily maintenance of the university website.

1.2. Contract Term:

Adams State seeks to establish a long-term relationship that will be mutually beneficial to both parties. The contract awarded will be for a term of one year, with options for four (4) one-year renewals

1.3. Adams State Representative:

Renee Vigil, Director of Purchasing

208 Edgemont Blvd.

Alamosa, CO 81101 reneevigil@adams.edu

1.4. Schedule of Activities:

Activity Date

(all times are local Colorado time)

RFP Issued via Rocky Mountain e-Purchasing System https://www.bidnetdirect.com February 1, 2024

Written Inquiry Deadline February 23, 2024 at 5:00 PM, MT

Proposal Submission Deadline March 13, 2024 at 2:00 PM

Vendor Conference/Demo if Scheduled Estimated Week of March 25, 2024

Best and Final Offers (BAFOs), if needed Estimated week of April 1, 2024

Award Notification Estimated week of April 15, 2024

Estimated Contract Estimated to commence May 1, 2024

1.5. Written Inquiries

Vendors may make written inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Send all inquiries via email, referencing the RFP number and title in the subject line, to: reneevigil@adams.edu, ONLY

Responses to proposer’s inquiries will be published, in a timely manner, as a modification on Rocky Mountain e-Purchasing System at https://www.bidnetdirect.com. The only official responses to a proposer's inquiries are those responses that are published as a modification on the Rocky Mountain e- Purchasing System at https://www.bidnetdirect.com system. Proposers should not rely on any verbal statements that alter any specification or other term or condition of this RFP.

mailto:reneevigil@adams.edu

1.6. Registration on Rocky Mountain e-Purchasing System and Official Means of Communication Adams State University is publishing this solicitation using the (Rocky Mountain e-Purchasing System https://www.bidnetdirect.com) as the official means of communication. Vendors can find the Rocky Mountain e-Purchasing System site and its registration information at https://www.bidnetdirect.com. Adams State will require awarded vendors to register with Rocky Mountain e-Purchasing System at https://www.bidnetdirect.com if not already registered.

2. Section 2: Proposal Instructions

2.1. Proposal Submission

Proposals must be submitted via electronic bid submission through the Rocky Mountain e-

Purchasing System at https://www.bidnetdirect.com on or before the Proposal Submission Deadline. Proposals received after this time will not be considered and individual extensions to the due date will not be granted. The University will not accept an e-mail, fax or other electronic response to this Request for Proposal.

2.2. Page Limits and Organization

Adams State discourages overly lengthy and costly proposals. In order for the University to evaluate proposals fairly and completely, proposers should follow the format set out in the RFP and provide all information requested. Respondents must submit a complete and concise response to the RFP. Unnecessarily elaborate proposals are not desired. Proposal must include a statement as to the period of time the proposal remains valid, a minimum of 180 days.

2.3. Responses to Required Information

Unclear, ambiguous statements such as “all reasonable effort to provide” must be avoided. Failure to address any of the requirements will be subject to response to rejection and/or misinterpretation. Inability to meet any specified requirements must be so stated and thoroughly explained. Responses shall include:

2.3.1. Request for Proposal Cover Sheet (Attachment A) and Cover Letter:

Proposals must include the complete name and address of Proposer’s firm and the name, mailing address, and telephone number of the person the university should contact regarding the proposal.

The Request for Proposal cover page MUST be signed by the vendor or an officer of the vendor legally authorized to bind the vendor to the proposal. Acceptable options for signature are:

· Original signature: print the Response Cover Sheet, sign by hand in wet ink, then scan in for electronic delivery.

· Signature via DocuSign. Only DocuSign is acceptable for this option. No other electronic signature options will be considered responsive.

https://www.bidnetdirect.com/

Proposals which are determined to be at a variance with this requirement may not be accepted.

Cover letter must positively state a willingness to comply with requirements and other terms and conditions as specified in this RFP. Cover sheet and cover letter must be signed by an individual authorized to commit the vendor to the proposed work. A proposer’s failure to include these items in the proposal may cause the proposal to be determined non-responsive and the proposal may be rejected.

2.3.2. Technical Proposal:

Provide a detailed technical and narrative response regarding the ability to provide the components itemized in Section 4.1 Scope of Work and Section 4.2 Deliverables.

1. Understanding the Project. Responses will include comprehensive information and narrative statements that illustrate Proposer’s understanding of the requirements of the project and the project schedule.

2. Methodology Used for the Project. Responses will include comprehensive information and narrative statements that set out the methodology they intend to employ and illustrate how the methodology will serve to accomplish the work and meet the University’s project schedule.

3. Management Plan for the Project. Responses will include comprehensive information and narrative statements that set out the management plan they intend to follow and illustrate how the plan will serve to accomplish the work and meet the University’s project schedule, including. a detailed implementation plan with time frames and resource requirements.

4. Experience and Qualifications. Responses will include a detailed explanation of your experience with similar projects and employees.

a) Provide a detailed narrative describing your firm’s experience with a minimum of three (3) projects of similar size and scope in the past five (5) years.

b) Provide a narrative description of the organization and capabilities of the project team and a personnel roster that identifies each person who will actually work on the contract.

c) Provide a minimum of three (3) current or former clients where work has been performed within the last five years who may be contacted with respect to your firm’s reputation for high quality of work, responsibility and efficiency. Include the name, address and telephone number of the executive in each organization who can speak knowledgeably about the quality, timeliness and cost of your work.

d) The University reserves the right to contact any former client with whom the proposer is known to have done business.

2.3.3. Financial/Cost Proposal:

Submit pricing/cost information in a separate file from the technical proposal, clearly marked. Do not include costs in the technical proposal. Electronic copies will include separate files for financial and technical proposals. Cost proposals will be evaluated for completeness and reasonableness. Submit a detailed cost proposal including all costs and charges for the services you are proposing, including any licenses and/or maintenance, fees, training, implementation and any other costs required. Please break down the costs by milestone for the initial hosting and maintenance; and provide annual costs for ongoing hosting and maintenance.

2.4. Project Completion Schedule

Project completion schedules shall be mutually agreed upon as project planning is discussed.

2.5. Descriptive Pages and Brochures

All standard descriptive information pages and brochures should be submitted in a section titled “APPENDIX.”

2.6. Evaluation of Proposals

All proposals are reviewed first to determine if they are responsive. A responsive proposal is one that fully conforms in all material respects to the RFP and all its requirements, including all form and substance. Proposals are then distributed for evaluation using the criterion set out in Section Five (5).

A proposal shall be evaluated to determine whether the proposer responds to the provisions, including goals and financial incentives, established in the request for proposals.

The following are general factors to be used to evaluate each proposal and determine which proposal will be awarded the contract. They are not necessarily listed in order of importance.

A. Adequacy and completeness of the proposal with regard to the information specified, i.e., compliance with terms, conditions, and other provisions contained in the RFP.

B. Technical Component and ability to provide required specifications C. Likelihood that proposed methodology will accomplish expected outcomes;

D. Ability of the firm to perform successfully under the terms and conditions of this bid and the ensuing contract E. Cost Component F. The integrity, past performance in higher education with number of HE customers, and technical resources of the firm G. Staff availability and their experience.

H. Demonstrated experience, particularly in the firm’s familiarity with a project of this scope as generally outlined in the RFP.

An evaluation team will judge the merit of proposals received in accordance with the general criteria. Individual team members will first rate proposals on the areas specified in Section 5.

While a rating system may be used to assist the evaluation committee in making the award decision, the award decision ultimately is a business judgment that will reflect an integrated assessment of the relative merits of the proposals using the factors set forth below:

Business/Experience Understanding the Project Methodology/Functionality Management Plan/Administration Cost

References when conducted will not be rated but will be considered on a “pass/fail” basis.

Following an individual review period, the evaluation team will meet to discuss each proposal.

The evaluation team may choose to either make an award at that time or to down select vendors for a round of demonstrations/presentations. Another round of discussion and consensus rating follows the vendor presentations. Please see Section 6.13 for additional information on the evaluation process.

It is the intention of the University to evaluate proposals thereby rendering a business decision most advantageous to the University. The recommendations of this committee will be forwarded to the Purchasing Director for approval and execution. Failure of the Bidder to provide any information requested in this RFP may result in disqualification of the proposal. The sole objective of the evaluation committee and the Director of PR & Marketing will be to recommend the Bidder whose proposal is the most responsive to Adams State University’s needs while within available monetary resources.

There is no requirement by the University Procurement Rule to use a numerical scoring system.

Evaluators are expected to independently determine strengths and weaknesses of proposals, followed by group discussion. Factors will be assessed based on the soundness of the Proposer’s approach and the Proposer’s understanding of the requirements. Assessments may include a judgment concerning the potential risk of unsuccessful or untimely performance, and the anticipated amount of University involvement necessary (beyond that reasonably necessary) to ensure timely, successful performance. The selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of proposals using the factors identified in this RFP. The University reserves the right to reject any (or all) proposals that pose, in the judgment of the University, unacceptable risks of unsuccessful or untimely performance, unacceptable University resources requirements, or costs exceeding the budget constraints.

Each Proposer’s past performance may be reviewed as part of the University’s overall evaluation. This evaluation will take into account past performance information submitted as a part of such Proposer’s proposal including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Proposers without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The University will consider Proposer’s performance on past or current contracts with requirements similar to the University requirements for this contract. The University will consider information provided by the proposer regarding any problems encountered on the identified contracts and any associated corrective actions.

3. Section 3: Background Information

3.1. Background

Adams State University celebrated its 100th anniversary in 2021. Throughout its history, Adams State has been crucial to enhancing educational opportunity, economic development, and cultural enrichment in the San Luis Valley and surrounding region. The University’s driving purpose is to provide equitable access to education for all. As Colorado’s premier Hispanic Serving Institution, Adams State draws on its rural location in the San Luis Valley, to serve and empower all students, especially those from historically underserved populations. Adams State is a four-year liberal arts institution that offers undergraduate and graduate degrees, and one doctorate degree.

The Adams State University Office of Public Relations and Marketing is seeking a vendor to host and maintain the website. This will be a concept-to-completion project.

The existing Adams State website, www.adams.edu, operates on WordPress 6.2. Outside of edits to text, images, links, html and video content, the site’s functionality has not been updated for approximately two years. There are approximately 2,734 pages and 1,684 posts as reported by adams.edu; not including additional PDFs, images, videos, and unlinked archive pages. The site is currently hosted inside a Docker container hosted in an on-premises data center with additional storage provided by a MySQL database stored on a shared-on premises database server.

Adams State strives to employ principles of Universal Design and the use of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards in the design, development, implementation, and enhancement of all web-based information and services.

The selected vendor will assume responsibility for website maintenance. All original content, coding, and graphics not already covered by other licenses (e.g. Creative Commons) will become the sole property of Adams State. Adams State will look to the vendor for ongoing development work as needed per the contract duration.

4. Section 4: Scope of Work

4.1. Scope of Work

The scope of this project is to host and maintain the existing Adams State website (www.adams.edu).

A. Project administration o Establish a project manager to serve as liaison between Adams State and the vendor to keep the website maintenance and updates on track to completion including weekly progress reports.

o Establish a timeline to host and maintain the site (including into the future).

B. Web Host and Maintenance o Host for adams.edu o Maintain Adams WordPress Docker Image o Track and apply WordPress updates and releases o Track and apply WordPress plugins updates o Maintain Adams WordPress child theme http://www.adams.edu/ https://www.adams.edu/ o Training folks to use content management system o Manage user roles and site access permissions o Create custom layouts for high level, goal-oriented pages o Create custom elements for specialized needs e.g. Tuition Tables pages o Maintain Adams WordPress custom plugins including:

• Plugins installed via wpackigist composer:

• "composer/installers": "~2.0",

• "wpackagist-plugin/classic-editor": "1.*",

• "wpackagist-plugin/classic-widgets": "0.3",

• "wpackagist-plugin/content-update-scheduler": "1.*",

• "wpackagist-plugin/page-list": "5.6",

• "wpackagist-plugin/custom-post-type-ui": "1.13.*",

• "wpackagist-plugin/cms-tree-page-view": "1.6.*",

• "wpackagist-plugin/enable-media-replace": "4.1.*",

• "wpackagist-plugin/redirection": "5.3.*",

• "wpackagist-plugin/theme-blvd-layout-builder": "2.3.*",

• "wpackagist-plugin/theme-blvd-shortcodes": "1.6.*",

• "wpackagist-plugin/theme-blvd-widget-areas": "1.3.0",

• "wpackagist-plugin/wordpress-seo": "20.*",

• "wpackagist-plugin/wpdirauth": "1.10.5",

• "wpackagist-plugin/wp-mail-smtp": "3.8.*",

• "wpackagist-plugin/wpfront-notification-bar": "3.3.*" o Daily backups of all above o Ensure Adams State has access to backups and content

All WordPress code is versioned and tracked on the deva.adams.edu Gitlab instance

Migrate from the on-site hosting to off-site hosting while maintaining functionality

Ensure Adams State can continue to use the following:

• Website Google Drive, website@adams.edu o Primary repository for add PDF documents displayed on the website o Ensure that documents uploaded pass accessibility checks and are fillable when needed o Push for better workflow of these documents and if they can be created with digital tools or need to be a document to begin with

• Google Analytics, added to website@adams.edu account

• Google Tag Manager, added to website@adams.edu account o Including custom iframe code o Tracking pixels for campaigns

• Google Site Custom Search, added to website@adams.edu account o Add in search promotions as needed o Clean up unwanted search results

• Google Search Console, added to website@adams.edu account o Sitemap verification o Search metrics o Allows removal of deleted pages from search results o Core web vitals, Page experience

• Siteimprove o Accessibility, Web Governance, Auditing Tools https://analytics.google.com/analytics/web/ https://tagmanager.google.com/ https://programmablesearchengine.google.com/about/ https://search.google.com/search-console/about https://siteimprove.com/ o Academy, accessibility training classes, required to give access to editors

C. Development o Develop a custom content management solution using flexible template files.

o Install CMS and database, module setup and customization, and create user roles, content types, workflows, and content views.

o Perform extensive solution compliance, browser, OS testing, device testing, acceptance testing, and final reporting.

D. Website Migration o Migrate, manually and via dynamic imports, approved and existing content for evergreen pages, solutions, resources, blogs, photos, data sheets, etc.

E. Hosting and Maintenance o Host, secure, and backup the new website

F. Handoff and Staff Training o Provide training to Adams State staff.

o Provide tutorial and detailed documentation for editing content.

4.2 Deliverables

Specific deliverables for the website include:

A. Ensure website conforms with Web Content Accessibility Guidelines (WCAG) 2.2.

B. As outlined in section 4.1 migrate hosting of content including web pages, blog posts, photos, images, etc. onto an off-campus hosting location.

5. Section 5: Evaluation Criteria All proposals will be reviewed to determine if they are responsive. They will then be evaluated using the criterion that is set out in this Section Five (5). Proposers will provide a narrative addressing their ability to provide the deliverables in Section 4.2, providing sufficient descriptions and technical information that will allow evaluation of the criterion.

5.1. Understanding of the Project

Proposals will be evaluated against the questions set out below:

a) How well has the proposer demonstrated a thorough understanding of the purpose and scope of the project?

b) How well has the proposer identified pertinent issues and potential problems related to the project? Did the proposer identify risks and how to mitigate them?

c) To what degree has the proposer demonstrated an understanding of the deliverables Adams State expects it to provide?

d) Has the proposer demonstrated an understanding of the Adams State’ time schedule and can meet it?

5.2. Methodology/Functionality for the Project

Proposals will be evaluated against the questions set out below:

a) How comprehensive is the methodology and does it depict a logical approach to fulfilling the requirements of the RFP?

b) How well does the methodology match and achieve the objectives and deliverables set out in the RFP?

c) Does the methodology interface with the time schedule for the RFP?

d) How well has the proposer described the process(es) and functionality for the area being proposed?

e) How well does the proposed functionality and features meet Adams State’ needs?

5.3. Management Plan/Administration for the Project

Proposals will be evaluated against the questions set out below:

a) How well does the management plan support all of the project requirements and logically lead to the deliverables of the RFP?

b) How well is accountability completely and clearly defined?

c) Is the organization of the project team clear?

d) How well does the management plan illustrate the lines of authority and communication?

e) To what extent does the proposer already have the hardware, software, equipment, and licenses necessary to perform the contract?

f) Does it appear that the proposer can meet the schedule set out in the RFP?

g) Has the proposer gone beyond the minimum tasks necessary to meet the objectives of the RFP?

h) To what degree is the proposal practical and feasible?

i) To what extent has the proposer identified potential problems?

5.4. Experience and Qualifications

Proposals will be evaluated against the questions set out below:

Questions regarding personnel:

a) Do the individuals assigned to the project have experience on similar projects?

Questions regarding the firm:

a) How well has the firm demonstrated experience in completing similar projects on time and within budget?

b) How successful is the general history of the firm regarding timely and successful completion of projects?

c) Has the firm completed a minimum of 5 projects of similar size and scope within the last 5 years?

d) If a subcontractor will perform the work on the contract, how well do they measure up to the evaluation used for the proposer?

6. Section 6: Administrative Information

6.1. Issuing Office

This RFP is issued by Adams State University (Adams State) Purchasing Office and is the point of contact concerning this RFP.

6.2. Statement of Purpose

This RFP provides prospective Proposers with sufficient information to enable them to prepare and submit proposals for consideration by Adams State to achieve the goals of this RFP. This RFP provides Proposers with sufficient information to enable them to:

1. Understand the scope of work as outlined in Section 4 of this RFP;

2. Submit proposals related to products and services, equipment, marketing, corporate background and experience, commissions and pricing; and

3. Allow for comprehensive evaluation and consideration by an impartial evaluation team.

This RFP solicitation process may include reference checks, Proposer interviews, proposal clarification sessions and the opportunity for Proposers to submit a Best and Final Offer (BAFO). Adams State reserves the right to conduct discussions and checks with other agencies and/or clients that have conducted business with Proposers for the purpose of additional performance evaluation.

6.3. Scope

This RFP contains instructions governing the proposal to be submitted and identifies material to be included therein, mandatory requirements that must be met to be eligible for consideration, and other requirements to be met by each Proposer.

6.4. Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the vendor prior to the established due date and time.

6.5. Addendum or Supplement to Request for Proposals

In the event that it becomes necessary to revise any part of this RFP, a modification notice will be sent via the Rocky Mountain e-Purchasing System at https://www.bidnetdirect.com.

6.6. Oral Presentations/Site Visits

Proposers may be asked to make oral presentations. Such presentations will be at the Proposer's expense.

6.7. Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The signature of the Proposer or an officer of the Proposer legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Proposer of all terms and conditions including compensation as set forth herein. a proposer shall identify clearly and thoroughly any variations between its proposal and Adams State’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

6.8. Protested Solicitations and Awards

Any actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Director at Adams State University at the address specified in section 1.2. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. It is important for Proposers to note that a challenge to the solicitation's requirements or specifications should be made within seven (7) working days of when the protestable item is known. In other words, if you believe that the solicitation contains a requirement you want to protest, the protest should be submitted within the seven (7) working day time period, even if that means it is filed during the time the solicitation is still open.

Intent to Award notice of the apparent winning Proposer(s) will be made via email to all responsive Proposers. The requirement for timely submission of any protest (7 working days) will begin no later than the first working day following receipt of the Intent to Award notice.

The written protest shall include, at a minimum, the following:

A. The name and address of the protestor;

B. Appropriate identification of the procurement by bid, RFP, or award number;

C. A statement of the reasons for the protest; and D. Any available exhibits, evidence, or documents substantiating the protest.

6.9. Confidential / Proprietary Information

Any proposed restrictions for the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself.

Step 1. The proposer, with its proposal, shall submit written requests for confidentiality. The proposer must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary.

Step 2. Confidential/proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Separation may be accomplished by methods such as including a separate tab or section to the technical response or packaging separately from the technical response. In electronic formats, confidential material must be separated from the rest of the proposal and saved as a separate file. Commingling of confidential and/or proprietary information with other information is NOT acceptable.

Step 3. The Adams State Procurement Director will make a written determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in a resulting contract cannot be considered confidential.

Step 4. In the event the Adams State Procurement Director does not concur with the Proposer’s request for confidentiality, the written determination will be sent to the proposer. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

Step 5. If the proposer does not agree with the Adams State Procurement Director’s determination and the parties cannot come to an agreement, the proposer may file a protest.

6.10. RFP Response Material Ownership

All material submitted regarding this RFP becomes the property of the University. The University has the right to retain the original proposal and other RFP response materials for its files. As such, the University may retain or dispose of all copies as is lawfully deemed appropriate. The University has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. Proposer expressly agrees that the University may use the materials for all lawful University purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act. Proposals may be reviewed by any person after the “Notice of Intent to Make an Award” letter has been issued, and announcement made on the Rocky Mountain e-Purchasing System https://www.bidnetdirect.com, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

6.11. Proposal Prices

Estimated proposal prices are not acceptable. Proposal prices will be considered to be your best and final offer, unless otherwise stated in the RFP. The proposal price will be considered in determining the apparent successful Proposer.

6.12. Quantities

Adams State reserves the right to adjust quantities stated in this solicitation. Available funding versus prices bid may affect actual quantities ordered. Adams State may choose to increase or decrease quantities stated in the documents depending on the circumstance. Adams State is not obligated to place any order for a given amount subsequent to the award of this solicitation. Adams State may use any stated estimated quantities in the award evaluation process. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other entities utilizing this contract. In no event shall Adams State be liable for payments in excess of the amount due for quantities of goods or services actually ordered. Adams State reserves the right to purchase additional goods and services at the same bid prices or lower within a reasonable period of time following award.

6.13. Evaluation and Discussion Process

Adams State reserves the right to award on receipt of initial proposals. Proposers not meeting the requirements identified in the RFP shall be ineligible for further consideration. The University may conduct discussions with Proposers in the competitive range for the purpose of promoting understanding of the University’s requirements and the Proposer’s proposal, to clarify requirements, make adjustments in services to be performed, and in prices. Changes to proposals, if permitted, will be requested in writing from Proposers.

Proposers may be provided a date at which oral presentations will be heard. Respondents should not assume that they will be asked to give a presentation. The presentation shall consist of a Proposer briefing concerning the addressing of clarifications and deficiency items identified by Adams State.

Guidelines regarding the oral presentations will be distributed to those Proposers remaining in the competitive range.

Proposers may be given an opportunity, after the conclusion of the oral presentations, to submit a best and final offer (BAFO). Proposers will be informed in writing of the date by which best and final offers are due. Proposers shall make any revisions Adams State deems necessary to clarify or correct weaknesses in their proposal. Adams State does not require complete, substantial proposal rewrites. Proposers are cautioned not to make changes in price/cost revisions that are not clearly explained and/or justified in any proposal revision. Proposers assume the risk that proposed revisions be adequately explained so Adams State understands the nature of the revisions and the risk to Adams State from unreasonable forecasts of contractor costs.

6.14. Notice of Intent to Award

Upon notice of intent to award, if requested, the Proposer may be asked to supply audited financial statements within the requested time frame. Adams State may also require a credit rating by a rating service.

6.15. Award of Contract

Award will be made to the responsible Proposer whose proposal, conforming to this RFP, will be the most advantageous to Adams State, price and other factors considered. A responsible Proposer is a business entity or individual who has the capability and financial and technical capacity to perform the requirements of the solicitation and subsequent contract. Responsible Proposers shall not have been convicted of, or pled guilty to, crimes involving procurement fraud or damage to the environment during the previous five (5) years and shall not currently be included on any list of debarred or suspended business entities or individuals.

A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, Adams State may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the next most responsible Proposer.

6.16. Standard Contract

Adams State requires that any contract resulting from this RFP be in the attached form as required by current Colorado statutes, fiscal rules and Adams State Procurement rules, including provisions referenced and the State Special Provisions (Section 7). Certain portions of the Contract may be edited or adjusted to reflect the actual award given a particular vendor. See attached Exhibit B, State Contract Template.

6.16.1. Order of Precedence.

In the event of any conflict or inconsistency between terms of this request for proposal and the Proposer’s proposal, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to the request for proposal, and last to the Proposer’s proposal.

6.16.2. Proposer Proposed Terms and Conditions.

Except as specified in the Proposer’s proposal, the submission of the Proposer’s proposal will indicate its acceptance of these terms and conditions. Proposer must disclose in their proposal terms and conditions or required clarifications of terms and conditions consistent with these instructions. Adams State reserves the right to clarify terms and conditions not having an appreciable effect on quality, price/cost, risk or delivery schedule during post-award formalization of the contract. Include payment terms and conditions.

6.17. Acceptance of Proposal Content

The contents of the proposal of the successful proposer will become contractual obligations if acquisition action ensues. Failure of the successful proposer to accept these obligations in an Adams

State contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such proposer may be removed from future solicitations.

6.18. RFP Cancellation

Pursuant to the University’s Procurement Rules, the University reserves the right to cancel this RFP if it is in the best interest of the University to do so. In the event the University elects to NOT award any Proposer, or the RFP solicitation is canceled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential Proposers an opportunity to review other Proposers’ proposals and thereby gain any unfair advantage in submitting future proposals. Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate Proposer accompanied by a notice of cancellation letter.

6.19. State Ownership of Contract Products/Services

Proposals, upon established opening time, become the property of Adams State. All products/services produced in response to the contract resulting from this RFP will be the sole property of Adams State, unless otherwise noted in the RFP. The contents of the successful Proposer's proposal will become contractual obligations.

6.20. Incurring Costs

Adams State is not liable for any cost incurred by Proposers prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

6.21. Non-Discrimination

The proposer shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

6.22. Rejection of Proposal

Adams State reserves the right to reject any and all proposals, waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed if deemed in the best interest of Adams State. Failure to furnish all information, or to follow the proposal format set forth in this RFP, may act to disqualify the proposal. It is the sole responsibility of the Proposer to ensure ALL required signature forms and the requisite number of document copies is included in its submittal package.

6.23. Parent Company

If a proposer is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number of the Proposer responding to the RFP must also be provided.

6.24. News Releases

News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by Adams State.

6.25. Certification of Independent Price

6.25.1. Certification

By submission of this proposal each Proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

a) The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor;

b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and

c) No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

6.25.2. Individual Certification

Each person signing the Request for Proposal form of this proposal certifies that:

a) She/He is the person in the Proposer's organization responsible within that organization for the decision as to the prices being offered herein and that she/he has not participated, and will not participate, in any action contrary to 6.25.1(a) through 6.25.1(c) above; or

b) She/He is not the person in the Proposer's organization responsible within that organization for the decision as to the prices being offered herein but that she/he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 6.26.1(a) through 6.25.1(c) above, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to 6.25.1(a) through 6.25.1(c) above.

6.25.3. Proposal Not Considered for Award Conditions

A proposal will not be considered for award where 6.25.1(a), 6.25.1(c), or 6.25.2 above has been deleted or modified. Where 6.25.1(b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

6.26. Contract Cancellation

Adams State reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the contractor.

6.27. Conflicts of Interest

The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

6.28. Taxes

Adams State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all state and local government use taxes. Our Colorado State and Local Sales Tax Exemption Number is 98-04911-0000.

6.29. Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

6.30. Insurance

If the RFP so states, the contractor shall procure, at its own expense, and maintain for the duration of the contract, the following insurance coverages; the University shall be issued certificates as an additional insured:

a. Standard Workers’ Compensation and Employer Liability

Workers' Compensation Limits: Statutory

Employer's Liability Limits: $100,000/$500,000/$100,000

b. General, Personal Injury, and Automobile Liability - (including bodily injury, personal injury and property damage) minimum coverage:

Comprehensive General Liability or Commercial General Liability insurance covering all operations:

Limits:

General Aggregate $2,000,000

Products and Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

Automobile Liability insurance, including coverage for all owned, hired and non-owned automobiles.

Limits:

Combined Single Limit $1,000,000

Other Insurance - Vendor shall provide such other insurance as may be required by law, or in a specific solicitation.

6.30.1. Additional Insured

Adams State University and the State of Colorado acting by and through the Board of Trustees of Adams State University shall be named as an additional insured on all liability policies.

6.30.2. Cancellation Prevention

The insurance shall include a provision preventing cancellation without 60-calendar days prior written notice to the University by certified mail.

6.30.3. Insurance Documentation

Vendor shall provide the following documentation to Adams State within 7 working days of a request therefor, unless otherwise provided:

1. Certificate/s of adequate insurance coverage, each with a reference to the University being named as an additional insured, or

2. Certificates of adequate insurance coverage and endorsement/s of additional insured coverage.

6.31. Availability of Funds

Financial obligations of the University payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the University.

6.32. Indemnification

To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor or its employees, agents, or subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP.

6.33. Use of RFP and University Logo’s

The successful vendor will not use any information received as a result of this contract for promoting any programs designed to provide service to employees or students without specific, written authorization of the Purchasing Agent. Further, the successful vendor will not conduct a program designed for the System or take advantage of the fact that they are the successful vendor for these services without the specific written authorization of the Purchasing Director. No vendor shall use the University’s logos, on any materials or for any reason without the specific, written authorization of the University.

6.34. Independent Contractor Clause

All personal service contracts must contain the following clause:

“THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND

NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE

CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE

STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND

AGENTS."

6.35. Venue

The laws of the State of Colorado, U.S.A. shall govern in connection with the formation, performance and the legal enforcement of any resulting contract.

6.36. Legislative Changes

The University or State of Colorado reserves the right to amend the contract in response to legislative changes, which affect this project.

6.37. Contractual Obligation

Nothing contained herein creates any contractual relationship between Adams State University and the contractor, subcontractor, or supplier. However, bidding statements contained in the response of the successful contractor will become part of the contract for the product and services.

If after award of the contract the contractor becomes aware of possible problems which could result in delay of schedule, the contractor must immediately notify Adams State by phone (confirmation to be in writing, giving the cause, probable effect, and recommendations for alternative actions).

Nothing in the above item will be interpreted as relieving the contractor of the contractual responsibilities; however, failure to promptly notify will be basis for determining contractor negligence in an otherwise excusable delay.

6.38. Web Accessibility

Adams State is committed to facilitating access to its instruction, communication, and business processes for the broadest possible audience. Adams State strives to employ principles of Universal Design and the use of the World Wide Web Consortium’s WCAG 2.2 standards in the design, development, implementation, and enhancement of all web-based information and services. Adams State requires that vendors show that, in good faith, they are working towards conforming with the WCAG 2.2 standards as appropriate for the services they provide, unless an extraordinary circumstance exists.

6.39. Contract Performance for Services Outside US or Colorado After award of the contract, Contractor shall provide written notice to the University within 20 days of the earlier to occur of either Contractor’s decision to perform or its execution of an agreement with a Subcontractor to perform Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. Knowing failure by Contractor to provide notice to the University under this requirement shall constitute a material breach of this Contract.

6.40. Cooperative Procurement

Successful bidder(s) shall make available to other Colorado state agencies or political subdivisions (“Participating Entity”) any and all services specified herein at the contract prices(s) established herein.