P00259 Dean of College of Engineering Search.pdf

October 20, 2025

Request for Proposals – P00259 Dean of the College of Engineering Search Services

The University of Alabama in Huntsville, hereafter referred to as University or UAH, is requesting Proposals for Dean of the College of Engineering Search Services . To register on UAH Bidnet Direct go to http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. To obtain a copy of this Request for Proposals (RFP), scroll down and click on the RFP number.

All Proposals must be submitted through Bidnet Direct by 3:00 P.M. on Friday, November 07, 2025, Central Time Zone, hereafter referred to as (CT). Bid opening will be held virtually at https://uah-uasystem.zoom.us/j/82581949556

In the event it becomes necessary to revise any part of this RFP prior to the closing date, revisions will be posted in writing by Procurement Services on our UAH Bidnet Direct website http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. The University will be the sole determinant of whether any revisions/addenda should be issued as a result of any questions or other matters, and will extend the Proposal deadline if such information significantly amends this RFP or makes compliance with the original RFP closing date impractical.

In order to be considered for selection, Proposers must submit a complete response to this RFP. The Proposers shall make no other distribution of the Proposals.

No Proposal may be amended or withdrawn after the scheduled closing date and time of receipt for a period of sixty (60) days. The University reserves the right to waive any informality and to reject any and all Proposals.

All questions pertaining to this RFP should be submitted via Bidnet Direct only: subject Dean of the College of Engineering Search Services (P00259).

The deadline for questions is October 31st at 3:00 P.M. (CT).

Sincerely, Cathy Curtis Procurement Officer Procurement Services http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville https://uah-uasystem.zoom.us/j/82581949556 https://uah-uasystem.zoom.us/j/82581949556 http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville

Request for Proposal Dean of the College of Engineering Search Services (P00259)

Purpose

The University’s purpose for this Request for Proposal (RFP) is to solicit Proposals to establish one or more Contracts for Dean of the College of Engineering Search Services (P00259). In order to be considered for selection, Proposer must submit a complete response to this RFP. An electronic submission through the UAH BidNet Direct cloud-based platform will be the only way to be considered.

Website location http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville.

Proposals may be amended or withdrawn by the party(ies) submitting such Proposal by its authorized representative, up until the scheduled closing date and time. No Proposal may be amended or withdrawn after the scheduled closing date and time of receipt for a period of sixty (60) days.

Contract and Award

Award shall be made to one or more of the highest ranked responsive and responsible Proposers, under the terms and conditions specified herein. The University reserves the right to negotiate a contract term of up to five

(5) years. The University reserves the right to negotiate all services and terms, including pricing, from the Proposals submitted prior to contract award.

Event Dates All RFPs must be submitted through Bidnet Direct by 3:00 P.M. on Friday, November 07, 2025 (CT). All questions regarding this RFP should be submitted via Bidnet Direct by October 31, 2025, at 3:00 P.M. (CT).

In order to be considered for selection, Proposer must submit a complete response to this RFP. The proposer shall make no other distribution of the Proposals except electronically to www.BidNetDirect.com.`

Revisions to the Request for Proposal

The University will be the sole determinant of whether any revisions/addenda should be issued as a result of any questions or other matters. If the University determines that any revisions or answers would materially alter the terms of this solicitation, at its sole discretion, the University may issue an extension of the proposal closing date.

In the event it becomes necessary to revise any part of this RFP prior to the assigned due date, written revisions will be posted at http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. Scroll down and click on the Proposal or RFP (P00259).

University Rights to Award or Rejection

The University reserves the right to accept or reject any or all Proposals and is not necessarily bound to accept a Proposal if that Proposal is contrary to the best interest of the University. In making an award, intangible factors such as Proposer’s service, integrity, facilities, equipment, reputation, and past performance will be weighed along with the quality displayed in the samples submitted. The University reserves the right to waive any or all formalities.

NOTE: For information regarding Proposer’s responses, it is the Proposer’s responsibility to provide in detail clear proof that the service it is proposing is equal to or better than the requirements of this RFP. The Proposer is responsible to clearly and specifically indicate the service being offered and to provide sufficient descriptive literature, catalog cuts, and technical details to enable the University to determine if the service offered meets the requirements of the invitation. The information furnished with the Proposal will be considered in the evaluation. Failure to furnish the requested information as provided herein for evaluation purposes may result in the University declaring a Proposal as nonresponsive and removed from consideration. Unless the Proposer clearly indicates in its proposal that the product offered is an “EQUAL” product, such Proposal will be considered to offer the brand name product referenced in this RFP. The University will be the sole judge of “EQUAL” items submitted for proposal.

"Any Contract resulting from this RFP will be made available to other eligible entities. This may include but is not limited to: The University of Alabama System, comprised of The University of Alabama; The UAB Enterprise, consisting of The University of Alabama at Birmingham, the UAB Health System and their related foundations and affiliates, and The University of Alabama, Tuscaloosa; and other state entities. Contracts resulting from the award of this RFP cover shipments by any entity previously listed above. Each entity will generate its own purchase orders, payments, etc. and delivery must be made according to the instructions on the purchase order.

The thrust of the resulting Contract is to obtain greater volume price discounts by combining the volume of purchases from participating entities within the State of Alabama.”

Ownership of Material

Ownership of all data, material, and documentation originated and prepared for the University pursuant to this RFP shall belong exclusively to the University.

Proposals should be prepared simply and economically, providing a straightforward concise description of the Proposer’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content.

Fiscal Funding Clause

The continuation of the Contract is contingent upon the appropriation of funds to fulfill the requirements of the Contract by the legislature. If the legislature fails to appropriate sufficient monies to provide the continuation of a Contract, the Contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

Certification Pursuant to Act No. 2006-557

Alabama Law (Section 41-4-116, Code of Alabama 1975) provides that every Proposal submitted and Contract executed shall contain a certification that the Proposer, Contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By submitting this Proposal, the Proposer is hereby certifying that it is in full compliance with Act No. 2006-557, it is not barred from bidding or entering into a Contract pursuant to 41-4-116 and acknowledges that the awarding authority may declare the Contract void if the certification is false.

Evaluation of Proposals

The Proposer(s) deemed to be fully qualified and best suited among those submitting Proposals will be identified on the basis of the submittal information. Proposals will be evaluated in accordance with the RFP’s evaluation criteria. The University shall select and notify the Proposer(s), which has in the University’s opinion submitted the best Proposal(s) and award the Contract(s).

Each Proposal received will be evaluated for its response to the requirements of this RFP, and given a numerical score based on the maximum assigned value. Scores will be combined and considered the numerical value of the Proposer’s response. The Proposal(s) with the highest numerical value will be considered the highest ranked Proposer(s). The University reserves the right to request additional information to determine the responsibility of the apparent successful Proposer(s) relative to its ability to comply with the terms and conditions of this RFP.

The University reserves the right to conduct an additional Oral Presentation and evaluation step should it deem the results inconclusive, or that it is in the University’s best interest to do so. Should the University choose to conduct Oral Presentations, it will issue an Addendum to this RFP with further details.

Modifications, additions, or changes to the terms and conditions of this RFP may be a cause for rejection of a Proposal; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a Proposal as non-responsive.

Proposals are evaluated and award decisions are made in the best overall interest of the University. The University reserves the right, at its sole discretion, to reject any and all Proposals in whole or in part and to waive any informality, minor deviations and irregularities in the Proposal(s).

The successful Proposer(s) will be required to execute a Contract in conformance with the provisions of this RFP. During the period of the Contract, no changes will be permitted in any of the terms and conditions and specifications unless the awarded Proposer receives written approval from the University.

After the due date and time of the RFP, the results will not be available to Proposers until after an award is made.

As part of the evaluation process, the University may schedule in-person presentations. Those Proposers will be contacted to schedule presentations.

PROPOSAL INSTRUCTIONS AND CONDITIONS

Intent

It is the intent of the University through this RFP and the terms and conditions contained herein, to establish the requirements of both parties to the Contract resulting from the RFP. Only Proposer’s with relevant experience and the ability to provide the highest quality services in a timely fashion are encouraged to apply.

Important Proposals Deadlines (note – above we used “closing date” instead of Proposal Deadline – since they are all the same we can simply replace if Proposal Deadline is preferred)

RFP issued 10/20/2025 Question Deadline 10/31/2025 Closing date 11/07/2025

(note – duplicated below in the contract T&C’s) Ownership of Material

Ownership of all data, material, and documentation originated and prepared for the University pursuant to this RFP shall belong exclusively to the University.

Permits, Licenses, Taxes, and Certificates of Authority

The Contractor shall, at its sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this RFP, and it shall post or display in a prominent place such permits and/or notices as are required by law. The Contractor must include with its Proposal a certification of authority to conduct business in the State of Alabama. The Contractor shall be responsible for and pay when due any and all taxes and assessments arising out of the operation including, but not limited to, payroll taxes (including all deductions of employees) and income taxes.

The Contractor shall comply with the provisions of all applicable statutes and regulations of taxing authorities to which it is subject.

Public Record All Proposals become a matter of public record at the time of award. The University accepts no responsibility for maintaining the confidentiality of any information submitted with the Proposal whether labeled confidential or not.

Questions

Any questions concerning the Dean of the College of Engineering Search Services (P00259) should be submitted via UAH Bidnet Direct to Proposal or RFP (Dean of the College of Engineering Search Services (P00259). Written replies of general significance will be posted to Bidnet Direct.

Rejection of Proposals

The University reserves the right to reject any and all Proposals and to waive technicalities and minor irregularities in Proposals at its sole discretion.

Grounds for the rejection of a Proposal include, but shall not be limited to:

● Failure of a Proposal to conform to the essential requirements of this RFP.

● A Proposal imposing conditions which would modify the terms and conditions of this RFP, or limit the Contractor’s liability to the University on the contract awarded on the basis of such solicitation.

● Failure of the Contractor to sign the Proposal Form in the designated signature location.

● Any Proposal determined by the University to be unreasonable as to commission and/or guarantee.

● Proposals received that are determined to be from Contractors who are non-responsive and/or non-responsible.

Technicalities or minor irregularities in a Contractor’s Proposal which may be waived, when the University determines that it will be in the University’s best interest to do so, are mere matters of form not affecting the material substance of a Proposal or some immaterial deviation from or variation in the precise requirements of this RFP’s and having a trivial or negligible effect on price, quality, quantity or delivery of supplies or performance of the services being procured, the correction or waiver of which will not affect the relative standing of, or be otherwise prejudicial to other Contractors. The University may either give a Contractor an opportunity to cure any deficiency resulting from a technicality or minor irregularity in its Proposal or waive such deficiency where it is advantageous to the University to do so.

Remedies

All parties’ remedies and rights contained in this RFP shall be cumulative and shall not be in limitation of any other right or remedy which the parties may have.

Representation and Warranties

The Contractor covenants that all action required on its part has been taken to authorize and empower it to enter into and perform this RFP and that it has and will continue to have throughout the terms and conditions of this Contract the full right to perform its obligations hereunder. The Contractor further represents that there are no prior or existing contractual commitments that would prevent it from entering into this Contract or from conducting the activities and carrying out the duties and obligations provided for hereunder.

Restrictions On Communications with University Staff:

From the issue date of this RFP, until a Proposer is selected and a Contract award is made, the Proposers are not allowed to communicate about the subject of the procurement with any University administrator, faculty, staff, or members of the Board of Trustees.

If a violation of this provision occurs, the University reserves the right to reject the Proposer’s response to this solicitation.

State of Alabama Immigration Law:

Pursuant to the State of Alabama Immigration Law, by signing this Contract, the contracting parties affirm, for the duration of the Contract, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the Contract and shall be responsible for all damages resulting therefrom.

Survival of Terms

All covenants, representations, and warranties of the Contractor contained in the Contract shall survive the termination or expiration of the Contract whenever necessary to carry out the reasonably intended purpose thereof.

Unenforceable Provision

If any provision of this Contract, as applied to any party or any circumstance, shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Contract or the validity or enforceability of the Contract as a whole.

University Name – Limitations on Use

The Contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the University except on the specific advanced written authorization of the University’s Vice President for Finance and Administration and Environment Health, and Safety. However, the Contractor shall be allowed to include the University on its routine client list for matters of reference.

Waiver

The failure of any party to assert a right hereunder or to insist upon compliance with any terms and conditions or condition of this Contract shall not constitute a waiver of that right, term, or condition nor excuse a similar subsequent failure to perform any such term or condition.

Warranty Period

Proposer shall include a copy of any materials warranty; clearly state the length of the warranty for both labor and materials. The Proposer warrants that the supplies delivered hereunder shall be free from all defects in material and workmanship and shall comply with all the requirements of this order for a period of ninety (90) days from the date such supplies are accepted, unless otherwise provided herein.

Certification Pursuant to Alabama Code § 41-4-142

Alabama Law provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and/or all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama have completed all necessary state and local registrations and are collecting and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By entering into this Contract, the vendor is hereby certifying and acknowledging that it and its affiliates are in full compliance with Alabama Code Section 41-4-142, they are not barred from bidding or entering into a contract pursuant to that Section, and that the University may declare any award or contract resulting from this RFP void if the certification is false.

Default

Where the University has determined the contractor to be in default, the University reserves the right to purchase any or all products or services covered by the contract on the open market and to charge the contractor with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid from the defaulting contractor will be considered.

Access to Facilities

The Proposer and its employees or agents shall have the right to use only those facilities of the University that are necessary to its performance of services under this RFP and shall have no right of access to any other facilities of the University. Sidewalks, entrances, passageways, stairways, and corridors shall not be obstructed by the Proposer or used for any purpose other than ingress and egress to and from the University’s premises. Any damage to UAH property will be the responsibility of the Proposer to repair at no cost to the university.

The University of Alabama in Huntsville (University/UAH)

(P00259) Scope of Work

Introduction

UAH is seeking proposals from qualified companies to provide Dean of the College of Engineering Search Services. The firm must provide expert services in recruiting university senior executives and have a successful track record in such recruitments.

UAH is a public, co-educational, state-supported research university that prepares students for demanding roles in engineering, the sciences, business, nursing, education, and the liberal arts. It is one of America’s leading doctoral-granting, comprehensive universities, known for addressing some of the world’s most critical technological challenges. As part of the University of Alabama System, UAH provides an environment where students can explore, discover, create, and communicate knowledge.

UAH has eight colleges, more than 100 areas of study, and 17 high-tech research centers and institutes. Located in the heart of the South’s Technology Hub, UAH is the anchor tenant of Cummings Research Park, the second-largest research park in the United States. UAH maintains storied partnerships with Redstone Arsenal, NASA, and the Department of Defense. The institution is a member of the Gulf South Athletic Conference. UAH is where technology and human understanding come together to prepare students to shape their future. Learn more at www.uah.edu.

The Greater Huntsville Community

Defense, space, telecommunications, biotechnology, diversified manufacturing, and a variety of emerging specialties offer challenging opportunities in Huntsville, also known as the Rocket City. The region benefits from a low cost of living and a high quality of life in the Southeast. More than 500 thousand residents live in the Huntsville metro area, with a population of over 249 thousand residents making it the largest city in Alabama. With outdoor recreational activities and a growing arts and entertainment community, Huntsville provides an excellent place to live, work, and enjoy leisure. Learn more at www.huntsville.org.

The Position

The Dean of the College of Engineering (Dean) is the chief academic and executive officer of the college, responsible for providing academic leadership in all its facets. This role is particularly significant in a college composed of five academic departments, situated in a high-tech community that includes Cummings Research Park and Redstone Arsenal. With the new 70,000 square foot Raymond B. Jones Engineering Building opening during the summer of 2026, this is an exciting opportunity for a motivated, visionary, and collaborative leader to shape the future of the college.

The new Dean will be joining a well-regarded college that has a solid foundation, values collaboration and communication, and prides itself on talented and ambitious faculty, staff, and students who are all committed to making an even greater impact in the community and beyond. The Dean will be expected to build on the college's strong academic offerings, the deep talents and enthusiasm of its faculty, staff, administrators, and students, its impressive reputation with industry partners, and the outstanding potential for increased fundraising support from industry and alumni to continue the college's impressive trajectory. In doing so, the Dean will address the following opportunities and expectations:

• Articulate a vision and strategy http://www.huntsville.org/

• Promote academic excellence across all programs

• Recruit and retain distinguished faculty

• Advance scholarship and research

• Engage stakeholders and develop resources and opportunities

The College of Engineering

The College of Engineering (COE) enrolls over 37% of UAH’s undergraduates in ABET-accredited programs in aerospace, chemical, civil, computer, cybersecurity, electrical, industrial, and systems, and mechanical engineering. Graduate programs are offered in aerospace systems, civil, computer, cybersecurity, electrical, engineering management, industrial and systems engineering, mechanical engineering, with interdisciplinary programs in materials science, optical science and engineering, and biotechnology science and engineering. The COE’s strategic Flight Plan 2032 seeks to enhance student-centered teaching and learning focused on student success, promote basic and applied research, while engaging the local and regional community through outreach and workforce development.

Scope of Services

Search Strategy

The Contractor shall:

• Work Collaboratively with UAH to develop the job search criteria

• Develop a recruitment strategy including a search profile and timeline

• Manage and implement the recruitment strategy for this position

Prospect Search

The Contractor shall use its resources to identify relevant higher education and industry sources where prospective candidates are likely to be found. Additionally, the Contractor shall provide as much detail as possible about the candidate pool for the Dean position at UAH.

Prospect Identification

The Contractor shall seek out qualified candidates based on the specifications developed by UAH.

After conducting an initial screening to determine the candidates’ compatibility for the position, management ability, technical competency, and fit with UAH’s values and culture, the Contractor shall make each candidate fully aware of the requirements of the position, UAH’s mission, values, and culture, and any other relevant information.

Prospect Interviews

The Contractor shall brief UAH on each candidate’s background and present a copy of each candidate’s executive summary and résumé. UAH, in consultation with the Contractor, will select the prospects for interview. The Contractor shall work with the University to schedule Zoom and on-campus interviews for the selected prospects. Once interviews are completed, UAH will select the finalist(s).

Reference Checks

The Contractor shall conduct a thorough background and reference check on the finalist(s). Additional references may be requested by the University at its discretion. The Contractor shall brief the University on the results of the finalist(s) background and reference checks.

Prospect Selection

The University, in consultation with the Contractor, will select the candidate deemed most qualified to fill the position of Dean of the College of Engineering. The Contractor shall assist the University in negotiations and final settlement with the selected candidate.

Applicant Notification

The Contractor shall notify all candidates who were not selected as soon as practicable after the final selection is made.

The Role of the Dean

Reporting directly to the Provost and Executive Vice President for Academic Affairs, the Dean will act as the lead academic and administrative officer for the college. The Dean devises and executes strategic planning and visioning for the college and fosters an organizational culture that enables the recruitment and retention of talented faculty, staff, and students. The Dean is responsible for the quality of academic programs and managing the fiscal, human, and physical resources and facilities of the COE. As the main spokesperson for the college, the Dean will build deeper connections internally with leaders across the university and alumni, and externally with industry and government officials. This will ensure close alignment around academic and industry needs for a rapidly growing metropolitan community.

Professional Qualifications and Personal Qualities

The ideal candidate will possess many of the following qualifications and characteristics.

Leadership

• Academic accomplishment: A record of instruction, scholarship, and research excellence that merits appointment as a tenured professor in one of the departments of the college.

• Commitment to excellence: Sincere and intense appreciation for excellence in research and scholarly endeavors, and a record of recruiting and developing people and programs of the highest quality.

• Strategic vision: Ability to engage the community in crafting a compelling vision that builds on completed work, and then to create an environment that enables the college to achieve that vision.

• Collaborative leadership: A collaborative and relationship-based leadership style; experience that brings people together to solve challenges while empowering others.

Management

• Management experience: A history of progressive administrative leadership; strong human resources and financial management experience as well as being adept at conflict resolution and negotiation.

• Breadth: Familiarity with challenges and opportunities associated with colleges of engineering; natural and instinctive curiosity about widely diverse intellectual and creative endeavors.

• Fundraising: The capacity to attract external resources to the college through fundraising initiatives.

• Progressive management style: Experience using the talents of faculty and staff to design and implement initiatives that enrich the university community. Evident commitment to contemporary research-based management strategies that enable faculty and staff to achieve their full potential within the university community. A leadership style that evinces respect for others and demonstrates focus on clearly defined goals over a significant period of time. A capacity to delegate to others.

Communication and Interpersonal Skills

• Emotional Intelligence: Ability to negotiate and work with others; an inclination to circulate, listen, learn and to be a visible presence on campus; adeptness at working with faculty, students, staff, and the media, as well as high-level corporate, university and government leaders; exceptional listening skills; understanding of the intersection between emotions, motivations, and behavior.

• Commitment to student success: Strong commitment to student success, demonstrated by advocacy for adequate resources, including human resources, to support innovative teaching and academic mentoring.

• Commitment to mission: The ability to thrive in the UAH environment through passionate advocacy for the college; identification with the university’s mission and a deep understanding of the role of the college and university in the broader higher education landscape.

• Personal qualities: Unquestionable personal integrity; strong self-awareness; inspiring and energetic with the ability to earn the trust of faculty, staff, and students, and to work collegially with the president, the provost, the other deans, and the senior leadership team; the ability to empathize with others; resilience under pressure; a sense of humor and progressive outlook that is a balance of optimism and realism

Minimum Requirements

• An earned doctoral degree and a record of excellence in teaching and research, and/or significant professional experience appropriate for a tenured faculty appointment as a full professor in one of the college’s departments

• Academic leadership experience, such as serving as associate dean, department chair, or institute director

• Dedication to excellence in undergraduate and graduate education, and a commitment to student engagement that informs and guides critical decisions and policy

• Experience developing cutting-edge academic programs and the creation and support of the infrastructure required of a premier engineering college

• Proven success in engaging with external partners such as industry, government, and nonprofit entities.

• Demonstrated achievements in building strong relationships with alumni and donors and inspiring philanthropic giving

• A track record of transparent communication and broad engagement within a complex research or professional community across many stakeholders

Note: This represents a summary of the primary duties and minimum requirements of the Dean of the College of Engineering. The full, detailed job description is available in the Office of the Provost.

For the term of the Contract, Contractor shall

• Respond promptly to all University requests for information, consultation, or follow-up

• Submit invoices in a timely manner. Payment for work performed under this Contract shall not exceed the agreed contract amount

• Provide supporting documentation when requested by the University

• Work collaboratively with Human Resources to ensure the University’s compliance with applicable federal and state employment laws

Submittal

Proposals shall include:

1. Table of Contents

2. Letter of Transmittal

3. Executive Summary, no more than two (2) pages with the history, background and experience of the firm in providing the scope of services

4. Detailed description of the process used to identify potential candidates, and a proposed timeline.

5. Pricing information for the cost of the search for all charges associated with services to be rendered shall be included in the Request for Proposal and shall be valid for 60 days following the bid opening. The University will not be obligated to pay any costs not identified in the RFP

6. Detailed information about Contractor’s staff and their experience with a preference towards similarly sized or larger higher education institutions

7. A list of all placements for the past five years for deans, assistant/associate deans, department chairs and other related positions, with a preference for higher education institutions of similar size or larger than the UAH. The list should include the name of the institution, position title, date of placement and point of contact for reference. The University reserves the right to contact references to evaluate satisfaction with the Proposer’s prior work performance.

Evaluation Criteria

This RFP will be awarded using the following criteria:

Evaluation Criteria Points

Experience of staff with similar projects 30 Qualifications and process for search, selection of candidates, and turnaround time

References, past performance and business history 20 Total cost of all services 15 Total 100

Supplemental Terms and Conditions

The Contractor shall understand and agree that the University cannot save and hold harmless and/or indemnify the Contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor’s employees related to the contractor’s performance under the Contract. Therefore, the Contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the University, its Board of Regents, its employees, its clients, and the general public against any such loss, damage and, or expense related to its performance under the Contract. The insurance coverage shall include general liability and appropriate professional liability. The insurance shall include an endorsement that adds the University as an additional Insured. Written evidence of the insurance shall be provided by the Contractor to the University with the Proposal. The evidence of insurance shall include, but shall not necessarily be limited to effective dates of coverage, limits of liability, insurer’s name, policy number, endorsement by representatives of the insurance company, etc. Evidence of self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable. In the event the insurance coverage is canceled, the University must be notified immediately. Please refer to the Insurance Requirements outlined within this RFP.

The Contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by the University. The sole relationship between the University and the Contractor is as established by this Contract. The Contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify save and hold the University, its officers, agents, and employees, harmless from and against any losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the Contractor will provide to the University evidence of compliance with these requirements.

Authorized Personnel

The Contractor shall only utilize personnel authorized to work in the United States and is following applicable federal and state laws. This means that you must comply with all applicable state and federal employment laws including but not limited to the INA sections of the law.

If the Contractor is found to violate this requirement or the applicable State, federal and local laws and regulations, and if the University has a reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the University shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the University. The University may also withhold up to twenty-five percent of the total amount due to the Contractor.

The Contractor shall agree to fully cooperate with any audit or investigation from Federal, state or local law enforcement agencies. Please refer to the State of Alabama Immigration law for any additional requirements not listed within this RFP. The Contractor shall be required to follow any and all immigration and labor laws that shall apply to the services described within this RFP.

Key Personnel

The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the University’s Contract Administrator. The individuals designated as key personnel for purposes of this Contract are those specified in the Contractor’s proposal.

GENERAL TERMS AND CONDITIONS

Article 1. Scope of Services.

1.1 General Responsibilities. Contractor agrees to perform the services set forth in the Contract for Services (the “Agreement”) on the schedule set forth therein. Any material amendments to the Services, their scope, or the timing of performance, shall be set forth in a separate writing duly executed by authorized representatives of each party and treated as an amendment to this Agreement.

1.2 Standard of Performance. Contractor agrees that all people working for and on behalf of it shall obey all applicable rules and regulations established by the University, shall comply with the reasonable directions of University’s officers, and shall conform to the highest standards of performance for the type of work involved

1.3 Inspection. University, through its authorized representatives, shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed by Contractor, including but not limited to the right to request and review all internal records of Contractor that relate in any way to the Services, including but not limited to records that relate to requests for payment by Contractor.

Article 2. Term and Termination.

2.1 Term of Agreement. This Contract shall be effective as of the Effective Date. All work and services required hereunder shall be provided within the period provided in the Agreement.

2.2 Termination. University may, by written notice to Contractor, terminate this Contract in whole or in part at any time, either for University’s convenience or because of the failure of Contractor to fulfill its contract obligations. Upon receipt of such notice, the Contractor shall: (a) immediately discontinue all service affected (unless the notice directs otherwise), and (b) deliver to University all data, reports, summaries, and such other information and material as may have been prepared for and/or accumulated by Contractor in performing this Contract, whether completed or in process.

2.3 Notice of Delay. Contractor understands that time is of the essence in this Contract. Contractor shall monitor the progress of its provision of the Services and shall promptly advise University of any material delays or reasonably anticipated delays that may prevent the Services from being completed on the schedule set forth in the Agreement and shall state in writing the revised performance date as soon as practicable after the notice of delay.

Article 3. Compensation, Reimbursement, and Payment.

3.1 Total Obligation. University’s total obligation to Contractor under this Agreement, including compensations for goods, services, and reimbursable expenses, shall not exceed the amount provided in the Agreement without the prior written approval of the University. Quantities furnished in excess of those specified in this order will not be accepted and will be held at Contractor's risk, unless previously authorized by the University.

3.2 Travel Reimbursement. If this Contract calls for reimbursement of Contractor’s actually incurred travel expenses, University will reimburse travel expenses as follows: the cost of food, lodging, and miscellaneous expenses while in travel status, plus the cost of ground and/or air transportation.

Reimbursement shall be limited to expenses which are actual, reasonable, and necessary. For travel by private vehicle, reimbursement shall be made at the then current State of Alabama rate of reimbursement per mile, and for travel by air it shall not exceed the cost of economy airfare.

Payment shall be made after presentation of appropriate documentation and or receipts for all business expenses.

3.3 Payment. University shall pay Contractor’s invoices by the day that is thirty (30) calendar days after University receives the Contractor's invoice, unless a different arrangement (e.g., monthly, upon proper billing) is set forth herein.

3.4 Access to Facilities. Contractor and its employees or agents shall have the right to use only those facilities identified in the Contract and shall have no right of access to any other facilities of University.

Article 4. Representations and Warranties.

4.1 Eligibility. Contractor expressly represents, warrants, and agrees that neither Contractor, nor any of its principals, nor any employee or subcontractor of Contractor performing the Services, is as of the Effective Date debarred, declared ineligible, or voluntarily excluded by any Federal department or agency from participation in federally funded contracts. Contractor further expressly represents, warrants, and agrees that neither Contractor nor any of its employees is, as of the Effective Date, debarred, declared ineligible or voluntarily excluded by any State of Alabama department or agency from participation in State-funded contracts. Contractor shall notify University promptly and in writing if it becomes debarred or suspended during the term of this Agreement or if it becomes subject to any investigation that could lead to debarment.

4.2 Interest of Contractor. Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract no such person having such interest shall be employed or engaged.

4.3 Disclosure Statement. By accepting payments agreed to in the Agreement, Contractor certifies that, to its actual knowledge, no University employee or official, and no family members of a University employee or official, will receive a benefit from these payments, except as has been previously disclosed, in writing, to University on the required Disclosure Statement of Relationship Between Contractors/University and Employees/Officials of the University of Alabama in Huntsville.

4.4 Prior Commitments. Contractor covenants that all action required on its part has been taken to authorize and empower it to enter into and perform this Contract and that it has and will continue to have throughout the term of this Contract the full right to perform its obligations hereunder. Contractor further represents that there are no prior or existing contractual commitments that would prevent it from entering into this Contract or from conducting the activities and carrying out the duties and obligations provided for hereunder.

4.5 No Defects. Contractor warrants to University that all work performed shall: (a) conform in all respects to all of the requirements of this Contract; (b) be free from all defects in materials and workmanship; and (c) be free from all defects in design and be fit for its intended purpose.

4.6 Licenses and Permits. Contractor shall, at its sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this Contract, and it shall post or display in a prominent place such permits and/or notices as are required by law.

Article 5. Liability and Insurance.

5.1 Insurance. Contractor shall carry comprehensive insurance in amounts and coverage lines as indicated in the Insurance Requirements section of this RFP. A certificate evidencing that all such policies are in force and naming The Board of Trustees of The University of Alabama, its affiliated foundations, and their respective trustees, directors, officers, employees, agents, and representatives, as additional insured thereon have been paid for in full and shall be delivered to University prior to any activity commencing under this Agreement.

5.2 Indemnification. Contractor agrees to indemnify and hold harmless University, its trustees, officers, agents, employees, successors, and/or assigns from all liability, losses, claims, demands, actions, debts, and expenses of every name and nature for personal or bodily injury (including any resulting in death), damage to property, and/or other injury or damage arising out of or as a consequence of Contractor’s acts or omissions in performing under this Contract, its presence on University’s premises, or the existence of this Contract or any matter related hereto. This indemnification agreement shall include all costs, including reasonable attorney’s fees and court costs, incurred by University in connection with the defense against any such claim of liability.

5.3 Encumbrances. Contractor shall at all times keep University free and clear from all encumbrances and liens asserted against or on account of it or its employees and/or agents, by any person, firm, or corporation for any reason whatsoever. If any such lien shall at any time be filed against University’s premises, and Contractor shall fail to cause such lien to be removed or discharged (by payment or bond or otherwise) within ten (10) calendar days after being notified of the filing of such lien, University may, but shall not be obligated to, discharge the same. All costs and expenses (including attorney’s fees) incurred by University in discharging the lien shall either be deducted from any payments due Contractor or be paid by Contractor directly to University.

5.4 Damage. Contractor shall be responsible for the acts of its employees and agents while on

University’s premises and for all injuries to persons and damage to property located on University’s premises caused by its employees and agents. Contractor shall promptly repair, to the specifications of the University’s Vice President for Finance and Administration, any damage that it, or its employees or agents, may cause to University’s premises or equipment. On Contractor’s failure to do so, University may repair such damage and Contractor shall reimburse University promptly for the cost of repair.

5.5 Loss of Contractor’s Property. University shall have no responsibility for the loss, theft, or mysterious disappearance of or damage to equipment, tools, materials, supplies, and other personal property of Contractor or its employees or agents.

5.6 Notice of Damage. Contractor agrees that, in the event of an accident of any kind on University’s premises involving any of its employees or agents, Contractor will immediately notify the University’s Vice President for Finance and Administration and thereafter furnish a full written report of such accident.

5.7 Disputes. Any alleged claim against University for breach of this Contract or any other liability must be submitted to the Board of Adjustment of the State of Alabama, the exclusive means provided by the law of the State of Alabama for bringing a claim against a state agency.

Article 6. Payment of Taxes

6.1 Contractor’s Taxes. Contractor shall pay when due all taxes or assessments applicable to it.

Contractor shall comply with the provisions of all applicable statutes and regulations of taxing authorities to which it is subject.

6.2 University’s Taxes. Notwithstanding any provision to the contrary in the Agreement, University shall only be responsible for applicable taxes for which it is not tax exempt. Upon request, University can provide a copy of its tax exemption certificate.

Article 7. Confidential Information.

7.1 FERPA Compliance. To the extent that personally identifiable information regarding any student records is shared with Contractor pursuant to the Agreement, the Parties agree to the attached “FERPA and Privacy Provisions,” which is attached at Appendix A and fully incorporated herein by reference, in order to comply with the Family Educational Rights and Privacy Act of 1974 (20 USC § 1232g as amended (FERPA)). Contractor shall be considered a school official with a legitimate educational reason to have access to such protected information, in compliance with this University Agreement.

7.2 Data Breach Notification. To the extent Contractor maintains, stores, processes or is otherwise permitted to access either for itself or, on University’s behalf, sensitive, personal information (as defined by the Alabama Data Breach Notification Act of 2018 or other applicable law), Contractor agrees to comply with all aspects of Alabama’s breach notification law or other applicable breach notification law, including but not limited to implementing reasonable security measures (including appropriate disposal of records); conducting a prompt and good faith investigation of potential breaches of security; promptly and without unnecessary delay providing notice to University of the breach…