RFCSP-15-2023_-_Learning_Management_System_10.07.22_-_kad-Final.pdf

City of Murfreesboro

Request for Competitive Sealed Proposals (RFCSP) for

Learning Management System

ISSUE DATE: OCTOBER 11, 2022

RESPONSE DUE DATE: OCTOBER 26, 2022

1. Introduction

The City of Murfreesboro, Tennessee is issuing a Request for Competitive Sealed Proposals (RFCSP) from qualified Respondents for a Learning Management System (LMS). The LMS will primarily be used by the Employee Services Department to enhance and streamline the employee training program and compliance documentation. The LMS will be used by active full-time employees, effective January 1, 2023. Currently, the City has approximately 1,154 active full-time employees.

The City does not currently have a contract with any LMS provider.

2. Competitive Sealed Proposal Process and Schedule

The Competitive Sealed Proposal method is appropriate when qualifications and experience are of particular importance and price is one of several factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight.

After the sealed proposals have been submitted and reviewed, the City may obtain additional information or clarifications, including additional “last and best” final offers from participants, prior to making its final selection, provided that information from one proposer is not disclosed to another.

The City will select a responsible and responsive proposer whose proposal is determined to be the most advantageous to the City taking into consideration all of the evaluation factors.

2.1 Schedule

The City intends to adhere to the following schedule for the selection process; dates may be adjusted by the City as needed.

No proposals will be accepted after October 26, 2022, at 2:00 P.M. CST.

Activity Target

Date

RFCSP Issued October 11, 2022

Submittal of written questions October 18, 2022

Answers to questions October 18, 2022

Proposals submitted October 26, 2022

Selection TBA

Negotiation of contract TBA

City Council action TBA

2.2 Evaluation Criteria

Each proposal will be evaluated based on the criteria listed in Section 7. The City is using the Competitive Sealed Proposal method of selection. The City will award the contract to the most responsible and responsive Proposer, whose Proposal meets the specifications of this Request for Competitive Sealed Proposals and whose Proposal is the most advantageous to the City after consideration of all of the requirements and evaluation factors described in Section 7. The City will determine whether a Proposer is responsive by evaluating the completeness of the Proposal Submission and the acceptance, without exception or limitation, of the services requested. The City may conduct such investigations as they deem necessary to establish the responsibility, qualifications and abilities of Proposers to provide the requested services. The City reserves the right to reject any and all proposals.

The City will contract directly with organizations capable of performing the requirements of this Request for Competitive Sealed Proposals. Proposers must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the proposal process or during the term of the proposed contract. Respondent’s proposal must clearly be defined and all sections of this RFCSP pertaining to those services must be completed.

Proposers must specifically respond to all of the specifications of this Request for Competitive Sealed Proposals and to all questions.

There are certain requirements Proposers must meet to be qualified to bid, contained in Section

6. The factors that will be used to evaluate proposals are also described in Section 6. The points allotted to each service are listed in Section 7. There are 100 total points possible. Partial points may be awarded based upon the strengths and abilities of the Proposer to provide some portion of the desired services.

2.3 Finalist Selection

The City may choose to select two or more Proposers from the RFCSP responses to further evaluate as finalists through on-site presentations. Finalists will then be allowed to submit revisions to their proposal. Depending on such additional submittals, the City may, but is not required to, allow proposers to revise their proposal in order that the City may obtain the best final offer, all in accordance with TCA §12-3-1207 and the City’s procurement code. Additional investigation may be performed to assist in selecting the finalist.

The finalist will be selected based on all evaluation criteria so that the City obtains the best learning management system for an appropriate fee.

3. Submittal Instructions/Contact Information

The City is accepting only electronic bid submissions. Bidders must create a free account with OpenGov by signing up at https://procurement.opengov.com/signup.

Any inquiries, questions, or requests for explanation in regard to the City requirements must be received no later than October 18, 2022, by 2:00 p.m. CST via OpenGov. No oral interpretation or clarifications will be given as to the meaning of any part of the Request for Competitive Sealed Proposal documents. Prospective proposers desiring further information or interpretations must make requests in writing through the Question/Answer Tab via the City's e-Procurement portal, OpenGov, on or before October 18, 2022, by 2:00 p.m. CST. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

All questions submitted and answers provided shall be electronically distributed to bidders on record as following this solicitation on the City's e-procurement portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on OpenGov. Addenda notifications will be emailed to all persons on record as following this RFCSP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents. Any questions regarding any of the terms contained in this Request for Competitive Sealed Proposals should be directed to:

Cathy Smith, Purchasing Director 111 West Vine Street, Murfreesboro, TN

629-201-6311 purchasing@murfreesborotn.gov

No other persons other than Cathy Smith should be contacted in regard to this Request for Competitive Sealed Proposals.

4. Background

Murfreesboro is a municipality that currently employs approximately 1,154 full-time employees.

The City departments include Police, Fire Rescue, Water Resources, Solid Waste, Street, Parks https://procurement.opengov.com/signup mailto:purchasing@murfreesborotn.gov and Recreation, Engineering, Planning, Purchasing, Building and Codes, Transportation, Community Development, Airport, Judicial, Golf, Senior Citizens, Fleet Services, Communications, Legal, Employee Services, Information Technology, Finance, and Administration.

All departments listed will be utilizing the LMS.

5. Overview

The Learning Management System (LMS) will be utilized to enhance and streamline the training and development of City employees, create new learning opportunities and methods of training, and allow for annual compliance training to be distributed and documented. It is necessary that the LMS be able to have sufficient functionality to ensure employees can log into the system to complete assigned online training, as well as sign up for in-person training sessions. System administrators will need to be able to upload courses and course material. An integrated course content library to accompany the LMS is highly preferrable.

The Learning Management System contract will be for a two-year period with an anticipated contract start date in early November with setup to begin immediately upon the contract’s activation. The City anticipates a two-month long setup process in November and December 2022 with a “go live” date of January 1, 2023. Any renewal or extension of contracts will be considered during the second year of using the LMS. The City feels it is prudent to request proposals at this time to ensure that it receives the best price and service for its employees and is able to ensure funds are being utilized for a product that offers the needed functions at a reasonable value.

Additionally, the City is interested in obtaining exceptional customer service for the employees who will be the designated system administrators.

The City does not currently have a contract with an LMS vendor nor is it utilizing a dedicated LMS as part of its training and compliance documentation processes.

6. Requirements to Bid

6.1 Established Qualified Firm

Provide details of company organization and support staff, including information regarding the selection, training, and certifications of staff. Also include liability insurance, licensure information, and information regarding accreditation.

6.2 Participant Privacy Safeguards

Provide a detailed description of how participant data is protected. Describe the level at which participant information is shared with the employer, and whether that information is provided in aggregate or individual form. Provide a description of how your program complies with federal and state privacy laws.

7. Factors to be Evaluated (using the point system described)

7.1 Plan Design (10 Points Possible)

Proposers must be able to clearly articulate the setup process, the level of training administrators will receive, and the core support provided post “go live” date. Describe what maintenance and resources are required to build and maintain the service and how the service can scale as the userbase grows. Explain what happens to and how the data stored on your servers will be kept or used if the contract is terminated.

7.2 Cost (20 Points Possible)

The City wishes to receive a two-year contract. Prior to the end date of the contract, City representatives will have the option to negotiate a continuation of service to extend the contract. Proposers must complete the following tables with proposed pricing.

Services/Features for 1,100 Users/Licenses Year 1 Year 2

LMS (core functionality) $ $

Content Creation Tool (if not included in core functionality) $ $

Content Library (if not included in core functionality) $ $

Analytic/Reporting Tool (if not included in core functionality) $ $

Other Fees:

Set-up (One Time) Fee: $ $

Other Fee (Describe) $ $

Total Cost Per User: $ $

Grand Total Over Two Years: $

*If a service is not offered, please put "Not Offered". If an item is not applicable, put "N/A".

Evaluation Criteria: Points

Plan Design 10

Cost 20

Online Platform 10

Customer Service 10

Overall Functionality 20

Content Library 10

Administrative Requirements 10

References 10

Services/Features for 1,500 Users/Licenses Year 1 Year 2

LMS (core functionality) $ $

Content Creation Tool (if not included in core functionality) $ $

Content Library (if not included in core functionality) $ $

Analytic/Reporting Tool (if not included in core functionality) $ $

Other Fees:

Set-up (One Time) Fee: $ $

Other Fee (Describe) $ $

Total Cost Per User: $ $

Grand Total Over Two Years: $

*If a service is not offered, please put "Not Offered". If an item is not applicable, put "N/A".

7.3 Online Platform (10 Points Possible)

The City needs a program that provides the instructors, learners, and administrators with a secure, robust, and integrated system to build a personalized learning environment.

Describe how your service meets the above listed needs and respond to the following questions:

➢ Is your LMS hosted locally on the City’s servers or is it SAAS based?

➢ Is the LMS mobile-friendly and have an app compatible with both Android and Apple devices?

➢ Describe the level of customization possible.

7.4 Customer Service (10 Points Possible)

The City is seeking a Proposer with exceptional customer service that includes:

• Access to Proposer’s account management staff and ability to handle administrative issues.

• Providing a toll-free number and knowledgeable customer service representatives regarding specific details of the program.

• Timely response to questions sent via email.

Describe how your service meets the above needs and respond to the following questions:

➢ Do you provide end-user customer support, including in-course chat?

➢ What service level agreements do you provide?

7.5 Overall functionality (20 Points Possible)

Respond to the following questions:

➢ How easily can an instructor create and deploy content?

➢ How much of my training administration can I automate?

➢ Can you group or personalize content to automatically deliver relevant resources to people with different needs or specific to their department?

➢ Are there any additional benefits or tools that come integrated with the core functions of the LMS?

7.6 Content Library (10 Points Possible)

Respond to the following questions:

➢ Does the LMS have the option to have an integrated content library?

➢ Will the content be displayed, searchable, assignable, and reportable alongside content from other providers or our proprietary content within our LMS?

➢ Do you have a curation process? Please specify.

➢ How do you provide variety in your content to accommodate the varying learning styles, demographics, and preferences of our learners?

7.7 Administrative Requirements (10 Points Possible)

Administrative requirements will include but will not be limited to the following:

• Meet with the City within 15 days after the contract award date to review the program, to present the proposed communication material, and to jointly establish a preliminary implementation plan, enrollment program and schedule.

• Designate a point of contact responsible for resolving problems, answering questions and administrative or billing issues, and expediting services related to overall performance of the contract.

7.8 References (10 Points Possible)

At least five references in total should be provided, and one of the five must be a former client.

Include contact information and number of covered employees. A Tennessee government entity reference is preferred.

7.9 Exceptions

Any deviation or variance from this Request for Competitive Sealed Proposals shall be identified by the Proposer as an exception. Any exception shall be listed in detail, in a separate document to be prepared by the Proposer. Any and all exceptions to this Request for Competitive Sealed Proposals which the City, in its sole discretion, deems not to meet or exceed the City’s intention as expressed and implied by the Request for Competitive Sealed Proposals shall be considered by the City as a factor in the evaluation of the Proposal.

8. City Terms and Conditions

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will control the interpretation of any ambiguities in the event of any discrepancies or differences in project-related contractual documents.

The Proposer must clearly and specifically detail any exceptions it takes to the Terms and Conditions referenced in this section in the transmittal letter that will accompany its RFCSP response.

8.1 Standards

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy that permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age, religion, sex, or sexual orientation and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, religion, sexual orientation, or disability in its hiring and employment practices, or in admission to, access to, or operation of, its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer understands that it shall be a breach of City’s ethical standards policies for any person to: offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any work, decision, approval, evaluation or recommendation, investigation, or in any other advisory capacity in any proceeding pertaining to this RFCSP or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

8.2 Federal Contractor Status

The City is a federal government contractor, and by contracting with the City, the party whose proposal is selected (“Contractor”) will be a federal government subcontractor. Therefore, in accordance with federal law, each proposer agrees, should it be awarded a contract pursuant to this solicitation, to abide with the following federal regulations:

1. The City and Contractor shall abide by the requirements of 41 CFR 60-1.4(a). This regulation prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires federal government contractors and subcontractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

2. The City and Contractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

3. The City and Contractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

8.3 Warranties

Proposer warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed.

8.4 Indemnification

1. The Proposer shall indemnify the City and hold it harmless against all claims, liability, demands, liens, taxes, loss or damages of any character suffered by the City arising from any operations, acts or omissions of Proposer related to the work. Proposer’s indemnification shall also encompass any and all financial damages to City resulting from the activities and responsibilities of the Proposer, Proposer’s employees, and any subcontractors or joint-venturers.

2. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Proposer from any claims arising from any failure, regardless of any language in any attachment or other document that Proposer may provide.

8.5 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice.

8.6 Assignment

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all if its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

8.7 Insurance

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the contract in the amounts specified:

▪ Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable state and federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

▪ Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

▪ Comprehensive automobile liability insurance – Must include owned, hired, and non-owned automobiles, for bodily injury and property damage to a combined single limit of $1,000,000 each occurrence.

▪ Professional liability (errors and omissions) insurance affording professional liability insurance – To a limit of $1,000,000 each claim, and $1,000,000 aggregate.

▪ Technology Errors and Omissions insurance - to include data breach and loss of personally identifiable information – To a limit of $1,000,000 each claim, and $2,000,000 aggregate.

The selected Proposer must provide City with the required insurance certificates and endorsements and name the City as an additional insured on the liability coverages prior to contract execution.

8.8 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors or joint venturers against damage claims that may arise from operations under the contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

8.9 Iran Divestment Act Notice and Non-Boycott of Israel

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer not a person included within the list created pursuant to T.C.A. § 12-12-106.

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to 2022 Public Acts, Chapter 775, § 1, eff. July 1, 2022, and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

8.10 Governing Law and Venue

The laws of the State of Tennessee shall govern any Agreement entered into as a result of this Request for Competitive Sealed Proposals. No rights, remedies, and warranties available to the City under any agreement or by operation of law will be waived or modified unless expressly waived or modified by the City in writing. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

8.11 Compliance with Laws

The Proposer’s contract shall comply with applicable Federal, State, and Local statutes, rules, and regulations. Proposers shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

8.12 Financial Statements

Upon request, Proposer may be asked to furnish its most recent financial statements showing Proposer’s financial condition as well as any subsidiary statements or explanations that the City may request.

8.13 Consequence for Unsatisfied Requirements

Failure to meet specifications as outlined or failure to provide any of the information asked for or addressed in this Request for Competitive Sealed Proposals in a manner which will permit thorough assessment of a Proposer’s program will be grounds to not evaluate the Proposal.

8.14 Contract Term and Effective Date

The contract for the City will cover a two-year period and will commence on January 1, 2023. The contract can be terminated by the City with at least thirty (30) days’ prior written notice of termination. The contract can be terminated by Proposer only for the City’s failure to pay after 60 days have passed from written notification to the City of failure to pay.

9. Guidelines for Competitive Sealed Proposals Process

9.1 Basis for Proposals

Only information supplied by the City in writing should be used in the preparation of a proposal.

Oral interpretations or clarifications shall not be binding. Addenda notifications will be emailed to all persons on record as following this RFCSP. Proposers must acknowledge any subsequently issued addenda via OpenGov.

9.2 Proposer Terms and Conditions

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Proposer’s liability to the amount of the contract. Additionally, the Proposer must submit any and all documents/agreements it will require City to sign with its proposal.

9.3 Disclosure of Proposals

As a matter of state law, each Proposer’s RFCSP response in its entirety will become a public record after completion of the selection process. The content of any proposal will not be disclosed to other Proposers during the selection process.

9.4 Late Proposals

Proposals must be received via the procurement portal, OpenGov, on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

9.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFCSP and therefore must be signed by a representative with the authority to do so.

9.6 Cost of Proposal

This RFCSP does not commit the City to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the items to be furnished under the RFCSP. All costs directly or indirectly related to responding to this RFCSP (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

9.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFCSP and award of the contract by City and that there will be no collusion and no conflict of interest. Any supplier or lobbyist for a vendor is prohibited from having any communications concerning this solicitation for a competitive procurement with any City Staff Member, the Mayor, City Council Member, City Manager, Legal Department or any City employee except for the designated contact person in Section 3 above. Any supplier or lobbyist who violates this provision shall cause their Proposal to be considered not responsive and therefore ineligible for award.

9.8 Ownership of Proposals

All documents submitted in response to this RFCSP shall become the property of City.

9.9 Disqualification or Rejection of Proposals

Proposers may be disqualified for any of the following reasons:

• There is reason to believe that collusion exists between or among two or more Proposers;

• The Proposer is in arrears on an existing City contract or has defaulted on a previous City contract;

• The Proposer lacks financial stability;

• The Proposer has failed to perform under a previous or current City contract;

• The Proposer has failed to adhere to one or more of the provisions established in this RFCSP;

• The Proposer has failed to submit its proposal in the format specified herein;

• The Proposer has failed to submit its proposal on or before the deadline established herein; or

• The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

9.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement, provided that all proposals failed to meet the same mandatory requirement and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

9.11 Withdrawal of Proposals

Proposals may be withdrawn through the City’s e-Procurement Portal, OpenGov. The responding firm may “unsubmit” their proposal in OpenGov. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals if received by the City prior to the exact hour and date specified for receipt of proposals.

9.12 Amendment of Proposals

A Proposer must submit any amended proposal before the deadline for receipt of proposals. Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such in the transmittal letter. City will not merge, collate, or assemble proposal materials.

9.13 Proposal as Firm Offer

Responses to this RFCSP, including cost, will be considered firm for ninety (90) days after the due date for receipt of response or receipt of the last and best final offer submitted. All proposals must include a statement to that effect.

9.14 Exceptions to RFCSP Specifications

Although the specifications stated in the RFCSP represent City’s anticipated needs, there may be instances where it is in City’s interest to permit exceptions to specifications and accept alternatives.

It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such together with reasons for taking exception, and inserted into the proposal response. If the Proposer does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specification as written.

Where the Proposer does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Proposer wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Proposer and any item the Proposer considers to be a mandatory term must be submitted with the RFCSP response.

9.15 Consideration of Proposals

Discussions may be conducted with responsible Proposers for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

9.16 Termination

The City reserves the right to cancel this RFCSP at any time. The City also reserves the right to reject any or all proposals submitted in response to this RFCSP.

9.17 Taxes

Proposer will be responsible for the payment of any applicable tax on the services it will provide.

Proposers will include in its fee proposal all applicable local, City, state, and federal taxes.

9.18 Award of Contract

The City reserves the right to withhold final action on the RFCSP for a reasonable time, not to exceed one hundred eighty (180) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Proposer. The award of the contract, if an award is made, will be to the most responsible and responsive Proposer whose proposal meets the requirements and criteria set forth in the Request for Competitive Sealed Proposal and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Proposer, any part of the project, or the entire project, at any time before the successful Proposer begins any work authorized by City.

The award of the contract shall not become effective until the contract has been approved by City Council and executed by the successful Proposer and City.

9.19 Appeal Process

Each Proposer shall be notified of the Proposer selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Proposer who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven-day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Proposer recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

9.20 Execution of Contract

The City shall authorize award of the contract to the successful Proposer. City will require the successful Proposer to sign the necessary documents entering into the required contract with City within 10 days of receipt and to provide the necessary evidence of insurance as required under the contract.

No contract for this project may be signed by City without the authorization of the City Council or City Manager. No contract shall be binding on City until it has been approved and executed by the Mayor or City Manager or designee and approved as to form by the City Attorney.

9.21 Interviews and Presentations

If deemed necessary to fully understand and compare the proposer's capabilities, the City may request presentations by proposers with possible subsequent interviews. Oral presentations may be time-limited.

9.22 Auditable Records

The successful proposer must be prepared to maintain accounts and records in connection with its performance of services for City as reasonably required. The Proposer must afford City agents or auditors reasonable facilities and access for the examination and audit of its records pertaining to its performance. The records may be examined at any reasonable time during the term and for a period of three years following the completion of work under any contract. Upon request by the City, winning proposer must be able to produce and exhibit all such records as requested.

Records must be available within an office environment located not more than a 45 minutes drive from the City’s local office or the reasonable expenses incurred to access the records must be borne by successful proposer.

9.23 Miscellaneous

The City reserves the right to cancel this RFCSP and contract under a separate process. The selected proposer will be required to contract with the City and all contract terms are subject to negotiations after the selection is made. The City may contract with any other proposer without renewing the RFCSP in the event the City and selected proposer are unable to mutually agree upon a contract for the desired services. Nothing herein may be taken as a commitment by the City upon which any proposer may act in reliance. All costs incurred in preparing a response are to be borne solely by each proposer.

10. RFCSP Requirements and Format

Please use the following format to structure your RFCSP response. Your response should include each section detailed below in the order presented. The detail includes items that are to be covered in each section of your response but is not a limitation. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration.

The number of pages in the RFCSP response cannot exceed 25 pages. Appendices will not be counted as part of the 25-page limit. Resumes and marketing material may be included and will not be counted towards the 25-page limit; however, this information must be in its own section at the end of the RFCSP response.

10.1 Cover with Table of Contents

10.2 Transmittal Letter

The transmittal letter will indicate the intention of the Proposer to adhere to the provisions described in the RFCSP without modification. The letter of transmittal should:

1) Identify the submitting organization;

2) Identify the person, by name and title, authorized to obligate the organization contractually;

3) Identify the contact person responsible for this response and specify phone, fax, and email;

4) Explicitly state that Proposer has reviewed and accepted the City’s Terms and Conditions;

5) State that it has included any additional terms or conditions or documents which it requires;

6) Identify any and all exceptions or "deal breakers" to the RFCSP requirements;

7) Acknowledge the proposal is considered firm for one hundred and eighty (180) days after the due date for receipt of proposals or receipt of the last best and final offer submitted.

If partners are used, they must also guarantee their section of the proposal for 180 days;

8) Acknowledge completion of the Fee Proposal; and

9) Signed by a person authorized to contractually obligate the organization.

10.3 Proposal

1) Your proposal must include your response to the Section 7 evaluation criteria.

2) Proposer Profile: The Proposer will provide a description of its organization and any other firms who will be providing products or services through a subcontracting arrangement with the Proposer.

3) Qualifications: Proposer’s qualifications to perform the services requested that will also address the evaluative criteria.

4) Experience: Please describe your organization’s experience in providing similar services.

Identify and briefly describe any pending criminal or civil suits brought against the Proposer, or suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Proposer’s providing of learning managements systems, and/or allegations of federal or state regulatory violations in provision of services similar to those requested.

5) References: Please provide references for at least five organizations in the United States of similar size and type of City for whom Proposer is or has provided similar services.

Identify any public sector experience in Tennessee.

6) Key Personnel: Identify and provide a brief professional resume of the key personnel anticipated to be used to provide the services sought.

7) Data Analysis: Provide a description of the data methodologies and security to be utilized in providing the services sought.

8) Communications: Describe strategies and methods the Proposer has developed to communicate with clients in similar efforts.

9) City’s responsibilities: Identify and briefly describe the role and responsibilities Proposer would expect the City to perform in achieving delivery of the requested services.

10) Scheduling: Provide a tentative strategy and timeline for delivery of the services sought or a description of how such strategies and timeline would be developed if the Proposer is selected.

11) Fee Proposal: The City is interested in receiving a fee proposal which reflects the existing expertise of the Proposer and its ability to deliver the requested learning management services using efficient, proven methods at a reasonable cost. The City requires each Proposer to submit an all-inclusive flat fee for the requested services. The flat fee may be the same for each year of the proposed two-year term or may vary. Proposers may, if they wish, submit a fee proposal which is an alternative to the required flat fee proposal.

One or more of such alternatives may be submitted. Any such alternative fee proposal should clearly indicate the rationale for the alternative proposals, the method of calculating the fee and any discrete fees, e.g., separate actuarial or audit fees.

11. Submittal

The City is only accepting electronic submittals. All Proposals should be submitted via the City’s e-procurement portal, OpenGov.

All Proposals must be submitted by 2:00 p.m. CST on October 26, 2022.