RFP 18DSL0093 Enhanced Search Strategies.docx

Request for Proposal 18DSL0093 – Enhanced Search Strategies

Request for Proposal 18DSL0093 – Enhanced Search Strategies

University at Buffalo Request for Proposal 18DSL0093 Enhanced Search Strategies

Notice is hereby given that sealed bids will be received for Enhanced Search Strategies.

OPENING DATE and TIME: March 7th 2019, at 2:30 pm EST.

LOCATION: 224 Crofts Hall

Sealed bids, subject to the terms, conditions and specifications herein, will be received at the University at Buffalo, Purchasing Department, 224 Crofts Hall and then publicly opened and duly recorded. Faxed or emailed bids will not be accepted.

· Questions should be emailed to the attention of Dominic LoTempio (DSL4@buffalo.edu), referencing Bid 18DSL0093. An email reply will be forwarded to the requestor if the question was simply for clarification purposes. Replies to questions that are other than for clarification purposes will be forwarded to all Bidders. The last day to submit questions is February 19th, 2019 by 4:00 pm EST.

DESIGNATED CAMPUS CONTACT: This is the only person that Bidders may speak to until the award of this bid.

CONTACT

Dominic LoTempio Purchasing Department 224 Crofts Hall Buffalo, New York 14260 Phone: 716-645-4503 Email: DSL4@buffalo.edu

Enhanced Search Strategies

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 SCOPE

1.2 BACKGROUND

1.3 METHOD OF AWARD

1.4 ORDER OF PRECEDENCE

1.5 TERM OF AGREEMENT/CONTRACT TERM

1.6 PRICING/DELIVERY

SECTION 4 NO RESPONSE FORM

SECTION 5 INSTRUCTIONS TO BIDDERS/TERMS AND CONDITIONS

SECTION 6 PRICING PAGE

SECTION 7 MANDATORY FORMS

SECTION 8 CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT

SECTION 9 BIDDER’S CHECK-OFF LIST

SECTION 1: INTRODUCTION

1.1 SCOPE

The State University of New York at Buffalo, Office of Enrollment Management (“University”) is seeking a qualified firm to develop a comprehensive enrollment predictive model that will assist the University in strategically transforming student recruitment and admission profile.

1.2 BACKGROUND

The University is New York’s major public Research University and the largest and most comprehensive unit of the State University System (“SUNY”). Founded in 1846 as a private Medical School, the University joined the SUNY system in 1962, and now educates yearly more than 21,000 undergraduates and over 9,000 graduate and professional students through its 15 schools/colleges. The University offers approximately 125 Undergraduate Programs, and more than 300 Graduate and Professional Degree Programs. The University has established a national and international reputation in select programs and enjoys membership in the prestigious Association of American Universities (“AAU”).

The University enrolls approximately 30,648 undergraduate and graduate students (54% male and 46% female), from 49 states and 109 countries. The University is committed to providing a diverse and robust learning environment, and thirty percent (30%) of students coming from minority populations. More than 5,000 students are international, placing the University first in the nation among comprehensive public research universities in percentage of international student enrollment. Within SUNY, the University is the most comprehensive in terms of degree offerings of the SUNY campuses.

The University has achieved significant success in undergraduate recruitment and enrollment over the last few years in particular, and has seen growth in total freshman enrollment of twenty-two percent (22%) since 2014, while maintaining strong academic quality. For the entering class of fall 2018, applications were received from 30,794 freshman candidates. From those applicants, 17,198 were selected, 4,524 deposited and 4,111 enrolled (a yield of 24%). The first year retention of full-time freshman students is approximately eighty-seven percent (87%) and the six year graduation rate is seventy-four percent (74%). The typical profile of the University freshman includes an average GPA of 92 or above and SAT R of 1247. Approximately ten percent (10%) of incoming freshmen are enrolled in the Honors College. The middle fifty percent (50%) of admitted students scored between 580 and 660 on the Evidence Based Reading & Writing portion of the SAT R (average of 622) and between 590 and 700 on the Math portion of the SAT R (average of 646). The middle fifty percent fifty percent (50%) scored between 25 and 30 on the ACT. Currently, the University’s top overlap institutions for freshmen are SUNY Binghamton, SUNY Albany, Rochester Institute of Technology, Syracuse University and SUNY Stony Brook. The University wishes to develop an admission profile that is consistent with the median of AAU public institutions.

The University also has a strong transfer enrollment. For transfer class of fall 2018, applications were received from 5,266 candidates. From those applicants, 3,354 were selected, 2,117 transfer students deposited and 1,808 transfer students enrolled (a yield of 54%). The average GPA for enrolled transfer students is 3.09.

The University received 19,166 applications for graduate and professional admission for fall 2018, with 8,062 students accepted and an expected enrollment of over 3,122. The University’s top competing graduate/professional institutions vary by program area. Overall, they are SUNY Binghamton, SUNY Albany, SUNY Stony Brook, University of Pittsburgh, University of Connecticut and University of Maryland.

Tuition, fees, room and board for in-state undergraduate freshman students residing on campus for the 2018-2019 academic year is $23,975. Out-of-state students have an additional tuition cost of $21,218. The University offers a variety of university-wide scholarships which are awarded based on a combination of criteria including financial need, scholastic achievement, and leadership qualities. In addition, the University’s colleges, schools, and academic departments offer a variety of awards. $340 million of scholarships and financial aid were administered to students last year. For additional information, please view the University’s common data sets at:

http://www.buffalo.edu/provost/oia/reports-documents/common-data-sets.html

1.3 METHOD OF AWARD

Award Criteria: Technical 70% Price 30%

The bidder scoring the highest point rating will be awarded a contract, as long as they are responsible and responsive to this RFP. The University reserves the right to make awards within one hundred-twenty (120) days after the date of the bid opening. During which period, bids shall not be withdrawn unless the bidder specifically states in the bid that acceptance thereof must be made within a shorter specific time. Cost, although a consideration, shall not be the sole determining factor. The University desires to select the bidder who will provide the “best value” taking into consideration the most beneficial combination of qualifications, services and cost. Only proposals judged to be responsive to the submission requirements set forth in this RFP will be evaluated. The Proposal must be expressly clear as to whether or not the Bidder can satisfy each point of the RFP specifications. The Bidder must describe how they will provide the services specified to satisfy the stated requirements or conditions. Any other information that may be relevant, but does not fall in the above format should be provided as an appendix. Minor irregularities in the proposals which are immaterial or inconsequential in nature may be waived, whenever it is determined to be in the best interest of the University. If Company literature or other publications are included and intended to respond to an RFP requirement, the response should include reference to the document name and page.

1.3.1 An Evaluation Committee, consisting of University staff from Enrollment Management will review each bid and will make a recommendation for contract award using the below review process and evaluation criteria.

1.3.2 Review Process:

1.3.2.1 Mandatory Requirements: A review of proposals will be conducted to ensure that all mandatory requirements are met. Failure to meet any of the mandatory requirements may result in a proposal being considered non-responsive and will result in elimination from further evaluation.

1.3.2.2 Technical Rating: A review of Bidder’s qualifications and experience, including references and responsiveness to the RFP, and relative experience, as provided in the Bidder’s proposal. References will be checked in order to determine if the project was of similar size and nature; work was performed in a satisfactory and timely manner; all terms and conditions of the contract were met; Bidder’s staff had the appropriate skills to perform required tasks and problem resolution.

1.3.2.3 Cost Rating: Bidder with lowest cost will receive full points. A percentage of points will be assigned, in relation to the Bidder’s costs, in ascending order.

1.3.2.4 Final score for each Bidder will be the total of points received for the technical and cost rating. Bidder with the highest total will be awarded the contract.

1.4 ORDER OF PRECEDENCE

The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s RFP; (2) the Successful Offeror’s proposal; (3) Exhibit A, Standard Contract Clauses; and (4) Exhibit A-1, Affirmative Action Clauses.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) the Agreement; (3) this RFP; and (4) the Successful Offeror’s proposal.

1.5 TERM OF AGREEMENT/CONTRACT TERM

The successful bidder will be required to enter into a formal written agreement with the University for three (3) years, subject to the approval by the Attorney General and Comptroller of the State of New York if required.

1.6 PRICING/DELIVERY

Price shall be net, FOB (freight on board) destination, freight prepaid to any point within the University as directed by the ordering department, institution, or agency.

1.7 COST ADJUSTMENT

1.7.1 Prices quoted shall remain firm for a period of one (1) year from commencement date of contract.

1.7.2 Adjustments (increase/decrease) of annual costs for years 2 & 3 for this contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending 90 days prior to contract renewal date. The approval document for this contract will be: U.S. Department of Labor Consumer Price Index, Northeast Urban, All Items.

1.7.3 Price adjustments requested from above CPI levels must be accompanied by supporting documentation for the increase/decrease and said increase/decrease must be acceptable to the University. Newly negotiated labor agreements, manufacturer’s increases, and nationally accepted fuel cost adjustments are examples of increases, which could exceed CPI averages.

1.8 PROCUREMENT TIMELINE (all dates are subject to change)

1.9 SUBMISSION OF QUESTIONS

By submitting a proposal, the bidder agrees that it will neither make any claims for nor assert any right to, damages because of any misunderstandings or lack of information. Written questions and requests for clarification must cite the RFP section, where applicable. Questions received after the deadline may not be answered by the University. A comprehensive list of questions and the official University response will be issued as an Addendum to the RFP, and will be posted to the NYS Contract Reporter Ad # 2051125. Questions that arise as a result of this RFP are to be submitted in writing no later than February 19, 2019, at 4:00 pm EST to: Dominic LoTempio, DSL4@buffalo.edu. Subject line of email should state “RFP# 18DSL0093 Question.”

1.10 UPTIME REQUIREMENTS

In order to enable the client to do business effectively, vendor guarantees the system’s average uptime will be ninety-nine point five percent (99.5%). Vendor will regularly monitor servers and collect uptime performance statistics.

After (the “Tool”) is deployed, the percentage of time, between the hours of 8:30 AM to 5:00 PM (Eastern Time), except for those holidays observed by the University at Buffalo (New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve and Christmas Day), during which the Tool is not experiencing unscheduled downtime will exceed ninety-nine point five percent (99.5%) per month. The term 'unscheduled down time' in the preceding sentence means that the Tool is unavailable or effectively unusable by the University, but shall not include any down time necessitated by scheduled system maintenance, the University’s inability to access the Internet, the University’s failure to timely deliver necessary data or troubleshooting access to the system, or any inability to access the Tool caused by the University’s systems, network, or configurations.

Vendor agrees to a service credit of point zero five percent (.05%) of annual fee for every hour the system is down beyond the ninety-nine point five percent (99.5%) uptime, not to exceed twenty percent (20%) of total fee.

If unscheduled downtime exceeds two percent (2%) for any three (3) months in any consecutive six (6) month period, the University shall have the right to terminate this agreement and receive a pro-rated refund of any pre-paid fees that relate to the period after termination.

1.11 NEW YORK INFORMATION BREACH AND NOTIFICATION REQUIREMENTS

Contractor hereby acknowledges and agrees to use commercially reasonable efforts to maintain the security of private information (as defined in the New York State Information Security Breach and Notification Act, as amended “ISBNA”(General Business Law § 889-aa; State Technology Law § 208) that it creates, receives, maintains or transmits on behalf of UB and to prevent unauthorized use and/or disclosure of that private information; and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic private information that it creates, receives, maintains or transmits on behalf of UB (“SUNY Data”). Contractor hereby acknowledges and agrees to fully disclose to UB pursuant to the ISBNA, and any other applicable law any breach of the security of a system where Contractor creates, receives, maintains or transmits private information on behalf of UB following discovery or notification of the breach in the system as to any resident of New York State whose private information was, or is reasonably believed to have been acquired by a person without valid authorization (“Security Incidents”). The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system. Contractor shall be liable for the costs associated with such breach if caused by Contractor’ negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors. In the event of a Security Incident involving UB Data pursuant to the ISBNA, UB has an obligation to notify every individual whose private information has been or may have been compromised. In such an instance, the Contractor agrees that UB will determine the manner in which such notification will be provided to the individuals involved pursuant to the ISBNA and agrees to indemnify UB against any cost of providing any such legally required notice. Upon termination or expiration of the Contract, the Contractor will follow UB’s instructions relating to any UB Data remaining in Contractor’s possession. Upon authorization from UB, the Contractor will use data and document disposal practices that are reasonable and appropriate to prevent unauthorized access to or use of UB Data and will render the information so that it cannot be read or reconstructed.

1.12 DATA PRIVACY

1.12.1 Contractor will use any information it creates, receives, maintains or transmits on behalf of UB (“UB Data”) only for the purpose of fulfilling its duties under this Contract and will not share such data with or disclose it to any third party without the prior written consent of UB, except as required by the Contract or as otherwise required by law.

1.12.2 UB Data will not be stored outside the United States without prior written consent from UB.

1.12.3 Contractor will provide access to UB Data only to its employees and subcontractors who need to access the data to fulfill its obligations under the Contract.

1.12.4 Contractor will ensure that employees who perform work under the Contract have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of the Contract.

1.12.5 FERPA: If Contractor will have access to the UB’s Education Records as defined under the Family Educational Rights and Privacy Act (FERPA), Contractor acknowledges that for the purposes of the Contract it will be designated as a “school official” with “legitimate educational interests” in the UB Education records, as those terms have been defined under FERPA and its implementing regulations, and the Contractor agrees to abide by the limitations and requirements imposed on school officials. Contractor will use the Education Records only for the purpose of fulfilling its duties under the Contract for UB’s and its end user’s benefit, and will not share such data with or disclose it to any third party except as provided for in the Contract, required by law, or authorized in writing by the UB.

1.12.6 Contractor will receive, maintain, process or otherwise will have access to confidential information on employees of the State University of New York. Pursuant to the Gramm-Leach- Bliley Act (P.L. 106-102) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314), and to the extent the Contractor is a covered entity or applicable service provider under these regulations with respect to student or customer data, the Contractor will implement and maintain a written Information Security Program (“Program”) in order to protect such confidential customer information. Customer information is defined as “any record containing nonpublic personal information as defined in 16 CFR §313(n)” (the FTC’s Privacy Rule) “about a customer of a financial institution, whether in paper, electronic, or other form” (16 CFR §314.2). Examples of nonpublic personal customer information include, but are not limited to, name, address, phone number, social security number, bank and credit card account numbers and student identification numbers.

1.13 DATA SECURITY

1.13.1 Contractor agrees at all times to maintain network security which at a minimum, includes: network firewall provisioning, intrusion detection, and regular (three or more annually) third party vulnerability assessments, and provide a copy of the annual Attestation of Compliance (AOC) document, if requested. Further, Contractor agrees to maintain network security that conforms to generally recognized “Industry Standards “and best practices that Contractor applies to its own network. Generally recognized industry standards include but are not limited to the current standards and benchmarks set forth and maintained by the Center for Internet Security (see http://www.cisecurity.org) or Payment Card Industry/Data Security Standards (PCI/DSS) see http://www.pcisecuritystandards.org. Contractor will maintain a data security plan (“Data Security Plan”), which will comply with Payment Card Industry Data Security Standards (“PCI DSS”) requirements (as discussed in more detail below) and all applicable legal and regulatory requirements for data protection. In addition, the Data Security Plan will protect against any anticipated threats or hazards to the security or integrity of information stored on its servers and unauthorized access to or use of such information that could result in harm or inconvenience to the person who is the subject of such information. Contractor will review, at least annually, it’s Data Security Plan and update and revise it as needed. A copy of Contractors’ Data Security Plan will be made available to UB upon request.

1.13.2 Contractor shall maintain mandatory procedures and protocols outlined in its “Information Security Incident Response Policy” to be undertaken in the event of an identified or suspected breach of credit card information or current or former student information that is not Directory Information. A copy of Contractor’s Information Security Incident Response Policy will be made available to UB upon request. In the event a breach is suspected, Contractor will: (i) immediately contain the possible exposure while not compromising any data on its system; (ii) contact all members of its Corporate Security Committee; (iii) initiate a local analysis within 24 hours of the suspected breach to determine the type of information that has been potentially compromised, the individuals and UB institutions at risk, the incident timeframe at risk and the suspected cause of the incident; and (iv) if a breach is identified, immediately contact affected parties with details of the breach.

1.14 DISASTER RECOVERY

Contractor shall maintain disaster recovery services at the dedicated facility that is able to handle UB data center and business continuity needs under the Contractor in the event disaster recovery is needed. Throughout the term of the Contract, Contractor shall maintain contracts or arrangements that are substantially equivalent or an improvement to those currently in effect. Contractor shall test disaster recovery capabilities, at least once every calendar year and provide UB with a copy of its disaster recovery plan upon request.

1.15 DATA PORTABILITY

Contractor agrees to do whatever is reasonable and necessary to facilitate the orderly and professional transfer of the Services and UB Data upon the expiration or termination of the Contract to UB or a SUNY Institution, or do whatever subsequent vendor UB may select to provide similar services on UB’s behalf.

SECTION 2: SPECIFICATIONS/SCOPE OF WORK

Each proposal shall be with the understanding that, at a minimum, the successful bidder will be required to provide the services identified below, observing all applicable federal, state and local laws relating to industry, labor, and employment.

2.1 SEARCH MAXIMIZATION

Develop a statistical predictive model to identify and generate inquirers with a high propensity to apply and eventually enroll at the University. The model should include a specific model for primary, secondary, tertiary and developing markets, as well as assist in identifying developing markets.

· Collecting and analyzing University and demographic data necessary to build the predictive model(s)

· Scoring of purchased names as well as high schools in key markets

· Purchase of student names in continuous cycles – Sophomore / Junior buys; Senior search buys

· Identify markets with high propensity to yield inquirers and applications

2.2 IMPLEMENTATION OF SEARCH AND FULFILLMENT CAMPAIGNS

Deployment of creative services campaign and fulfillment based on the above Section 2.1 via the following. Services listed as “optional” are desirable and will be considered into the overall evaluation, but are not requirements. Services listed as “required” must be offered by the Bidder to be compliant with this RFP.

· Print and Mail Outreach – required to be offered

· E-mail Campaign – required to be offered

· Text Messaging – required to be offered

· Reporting and analyses on search campaign and fulfillment – required to be offered

· Tele-Search – optional

· Personalization and Digital Integration – optional

· Bilingual Outreach - optional

SECTION 3: BIDDER QUALIFICATONS & REQUIREMENTS

The bid will be awarded only to a responsible Bidder/Contractor, qualified by experience and in a financial position to do the work specified. In order to facilitate prompt award of the bid, the Bidder/Contractor shall attest to the following, labeling response to each section as indicated:

3.1 RELEVANT EXPERIENCE (label response “Attachment 1”)

The Bidder must provide a narrative demonstrating in detail relevant experience with work of a similar scope and nature. The Bidder must provide the following information so that the University can evaluate the Bidder’s stability and ability to support the commitments set forth in response to this RFP. The University, reserves the right to require a Bidder to provide additional documentation to support and/or clarify their response.

3.1.1 Firm’s background and philosophy

3.1.2 Evidence of a minimum of five years’ experience in university enrollment projections of a similar scope

3.1.3 Demonstrate ability to provide search maximization / predictive model

3.1.4 Brief statement of qualifications addressing the scope of work specified in Section 2 of RFP

3.1.5 Identify and provide background information on the following:

3.1.6.1 Client services representative for the University

3.1.6.1 Technical specialist for the University

3.2 PROJECT PLAN (label response “Attachment 2”)

Using the information provided in Section 2 of the RFP, Bidder will provide a project plan detailing how the University’s goals, objectives, and requirements will be achieved. The proposed Project Plan must include the following:

3.2.1 Overview of management consultation services

3.2.2 Admissions Recruitment Process

3.2.3 Prospect Model Score

3.2.4 Sample creative services campaign and fulfillment

3.2.5 Sample project maintenance, documentation and training

3.2.6 Referring back to Section 2.2, confirm ability to meet “requirements” and “options”

3.3 CLIENT REFERENCES (label response “Attachment 3”)

The Bidder must provide three (3) client references of work performed of a similar scope and nature within the past five (5) years. References must include the information listed below. References will be verified to determine satisfactory levels of contractor performance, problem resolution, accuracy and customer service.

References should not be associated with prior work done for the University at Buffalo. Note that in the case of the Bidder working on multiple projects with an organization, the organization can only be used as a reference one time.

· Organization

· Contact person name and title

· Contact person phone number

· Contact person email address

· Scope of service

· Term and/or year of last service

SECTION 4: NO BID FORM

Enhanced Search Strategies

Company Name ______________________

We are unable to submit a proposal at this time.

( ) Service or commodity is not performed by our company.

( ) Unable to meet specifications/other considerations in this proposal.

( ) Unable to bid on all components (i.e. all locations)

( ) Prior commitment; unable to at this time.

( ) Previous unfavorable experience with University.

Explanation _____________________________

( ) Although we are unable to bid on this proposal, we would like to remain on your bidders list.

( ) Other, please explain.

Failure to return this form may result in your being removed from our bidders list.

SECTION 5: INSTRUCTIONS TO BIDDERS/TERMS AND CONDITIONS

SUBMISSION OF BIDS

5.1 SUBMISSION

5.1.1 Number of Copies: Bidders are required to submit two (2) identical hardcopies, along with (2) two USB flash drives containing the entire proposal no later than March 7th at 2:30 p.m. EST.

5.1.1.1 All written responses in the hardcopy originals, including signatures, are to be in BLUE ink.

5.1.1.2 USB should be labeled with: name of bidder and RFP number (18DSL0093).

5.1.1.3 In the case of a discrepancy between the hardcopy and USB submissions, the USB version will take precedence over the hardcopy version.

5.1.1.4 All proposals should have a label on the outside of the box or package itemizing the following information: 1) PROPOSAL ENCLOSED; 2) Reference bid number; 3) Bid opening date and time; 4) number of boxes/packages.

5.1.2 The Bid Cover Page and Section 6: Pricing Page are the only two places that costs/pricing should be documented. Inserting costs/pricing information elsewhere may lead to a bid rejection.

5.1.3 Proposals should be prepared in such a way as to provide straightforward, concise and specific information about the scope of services your company is able and willing to provide. Emphasis should be placed on responsiveness to the University’s desired services and goals.

5.1.3 Proposals shall be returned in time and intact as it was sent or statement may not be considered. Do NOT separate or alter the bid documents/forms.

5.1.4 Any additional information shall be submitted under separate cover at the end of the proposal.

5.1.5 Proposals may be withdrawn or modified by written request from the bidder at any time prior to the deadline for receipt of responses.

5.1.6 Proposals are to be valid for a minimum of one hundred twenty (120) days to allow time for evaluation, selection, and any unforeseen delays.

5.1.7 The University reserves the right to negotiate within the bid’s requirements, to best serve the interests of the University.

5.1.8 More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested.

5.1.9 Any or all proposals will be rejected if there is reason to believe that collusion exists between bidders. Proposals in which the prices and quantities are obviously unbalanced will be rejected.

5.1.10 Any bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) it is in the possession of the University at Buffalo’s Campus Mail; or (ii) no timely bids meeting the requirements of this RFP are received; or (iii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award.

Upon receipt of a Late Bid it will be stamped indicating the date and hour received at the location, specified in the RFP. Late Bids that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee will be returned.

5.2 ADDENDA

It is the responsibility of the Bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries if they change or clarify the RFP in a substantial manner will be forwarded by addendum from purchasing to all bidders who have received a copy of the RFP. The University will not be bound by oral responses to inquiries or written responses other than addenda.

5.3 AFFIRMATIVE ACTION POLICY

New York State Executive Order Number 6, regarding equal employment opportunities states:

It is the policy of the State of New York that equal opportunity be assured in the State’s personnel system and affirmative action provided in its administration in accordance with the requirement of the State’s Human Rights Law and the mandate of Title VII of the Federal Civil Rights Act, as amended. Accordingly, it is the responsibility of the State’s Department of Civil Service to enforce the State‘s policy of ensuring full and equal opportunity for minorities, women, disabled persons and Vietnam era veterans at all occupational levels of state government.

In keeping with this policy, the State University of New York and the State University of New York at Buffalo mandates compliance internally and for all organizations with which it conducts business.

5.4 BACKGROUND CHECK

The Contractor shall provide, at no additional cost to the University, appropriate, third-party, background checks for all personnel related to the contract, when requested by the University, within 5 business days. Background checks shall consist of an investigation to determine evidence of criminal history, verification of education, professional license, certification, or other credential required by a job title. The Contractor shall pre-screen and qualify candidates as appropriate. The University reserves the right to terminate the Contractor’s services and/or refuse to accept additional services from personnel deemed unqualified, or for improper, disorderly or otherwise unsatisfactory behavior of the workers that may occur during the assignment.

5.5 CHANGES

By written notice to the Bidder/Contractor, the University may, from time to time, make changes within the general scope of the contract. The Bidder/Contractor and the University’s Contract Manager(s) shall come to a mutual agreement, and together will determine if any additional charges apply. Once there is an agreement, a written Amendment to the contract will be required.

5.6 COMPLIANCE WITH NEW YORK STATE REQUIREMENTS

5.6.1 It is mandatory that every Bidder/Contractor must comply and submit all required documentation, if relevant to this proposal. This Documentation includes, but is not limited to: State Finance Law 139j and 139k, Contractor Certification to Covered Agency ST-220-CA, Contractor Certification ST-220-TD, Consultant Services Contractor’s Planned Employment Form A, Vendor Responsibility Questionnaire, and Non-Collusion Certification. NOTE: Failure to submit completed forms could result in Bidder/Contractor disqualification. Hyperlinks to required forms for this submission are located in Section 7.

5.6.2 In accordance with these procurement laws, the University will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business. In doing so, Offerers are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions available at www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Offerers opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the University for a copy of the paper form.

5.6.3 Consulting Service: The successful Bidder, while performing its obligations under this Agreement, will be providing services under a “consulting agreement” (as defined by New York State Finance Law). Therefore, the successful Bidder will be required to complete the “State Consultant Services Contractor’s Planned Employment” form (also known as “Form A”) prior to final execution of any State contract. This form is provided ONLY ONCE and captures the necessary planned employment information prospectively from the anticipated start date of the contract through the end of the contract term. In addition, the successful Bidder will be required to disclose, by employment category (O*NET), the number of persons employed to provide services under the resulting consulting agreement (including subcontract employees) the number of hours worked and the amount paid to the vendor by the State as compensation for work performed by these employees. “State Consultant Services Contractor’s Annual Employment Report” (also known as “Form B) must be used to report the required information. This form is submitted annually, each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1-March 31). Reports will be due no later than May 15th immediately following each fiscal year the resulting agreement is in effect.

5.6.4 Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors.

5.6.5 The contractor agrees to comply with applicable codes and all other rules and regulations of the State of New York and OSHA regulations.

5.6.6 The University reserves the right to stop work that is proceeding in an unsafe manner.

5.6.7 If the contractor finds pre-existing conditions or causes conditions that could prove to be hazardous to persons on University property, the contract manager shall be notified immediately.

5.7 CONFIDENTIALITY

5.7.1 The information contained in any bid submitted for the University’s consideration will be held in confidence until all evaluations are concluded and a contract is awarded.

5.7.2 The University will respect any requests for confidentiality for information of a proprietary nature. Clearly mark any information considered proprietary.

5.8 DEBRIEFING

Bidders that responded to this bid will be given written notices as to whether their Bids were successful or unsuccessful. Upon being notified of their unsuccessful Bids, Bidders may request a debriefing in writing within fifteen (15) calendar days of such notice. The fifteen (15) day period starts, once unsuccessful Bidders are notified. Once a request is made by the Bidders:

(i) The University will schedule the debriefing within a reasonable time of such request.

(ii) The debriefing will be conducted in person with the Bidder, unless the University and the Bidder mutually agree to use another method such as by telephone, video conference or another type of electronic communication.

(iii) Bidders’ written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for the University counsel attendance if so determined.

Proposal Protest Procedures:

Bidders wishing to file a bid protest may do so in accordance with the University’s procedures, available at: http://www.suny.edu/sunypp/documents.cfm?doc_id=699

5.9 EXCESSIVE DOWNTIME

Software furnished under this contract shall be capable of continuous operation. Should the software become inoperable due to code defects for a period of more than twenty-four (24) hours, the company agrees to pro-rate maintenance charges to account for each full day of inoperability. The period of inoperability shall commence upon initial notification, including verbal notification. In the event the software remains inoperable for more than two (2) consecutive calendar days, the contractor shall promptly replace the software at no charge upon request of the procuring agency. Such replacement shall be with new, unused software of comparable quality, and must be installed and operational within two (2) days following the request.

5.10 TRAVEL EXPENSES

In the event the Bidder/Contractor is required to be reimbursed for travel, Bidder/Contractor shall be reimbursed at the rates shown in the most recent New York State ‘Schedule of Allowable Reimbursable Travel Expense’ which can be found at: http://www.buffalo.edu/administrative-services/information-for-suppliers.html#reimbursement-for-authorized-travel-costs. Travel must be approved by the University contract manager in writing prior to taking place.

5.11 FINANCIAL STABILITY

The University reserves the right to request financial data that would adequately reflect financial stability to support the execution of a contract. Such information could include a credit report, the most recent two audited annual reports and/or annual financial statements. The University reserves the right to reject any Bidder/Contractor who does not demonstrate stability sufficient for the scope of this transaction.

5.12 FORCE MAJEURE

Neither party will be liable for losses, defaults or damages which result from delays in performing, or inability to perform, all or any of the obligations or responsibilities imposed upon it in any contract resulting from this RFP because of acts of God, the public enemy, acts of government, earthquakes, floods, typhoon, civil strife, fire or other causes beyond the reasonable control of the party so delayed in or so unable to perform provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause. Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause.

5.13 GENERAL CONDITIONS

5.13.1 The University reserves the right to request clarifications from Bidders for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

5.13.4 Any Vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal; additional vendor terms may result in disqualification. The University will not be held to any prior terms or agreements with any Bidders.

5.13.5 In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

5.14 GOVERNING LAW

The laws of the State of New York shall govern this RFP, any resulting RFP and contract. All applicable Federal and State laws, Municipal ordinances, and rules and regulations of all authorities having jurisdiction over this project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

5.15 INDEMNIFICATION AND HOLD HARMLESS

Subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act, The State University of New York (SUNY) shall hold Bidder/Contractor harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of SUNY or of its officers or employees when acting within the course and scope of their employment.

5.16 INDEPENDENT CONTRACTOR

Contractor and its employees engaged in the performance of the work shall at all times be deemed to be performing as an independent contractor and not as agents or employees of the University or the State of New York. The Contractor shall indemnify and hold harmless the University and its employees from any claim, demand, suit or cause or action which may be made or held against them by reason of negligence or malpractice on the part of Contractor, its agents or employees.

5.17 INSURANCE

5.17.1 Contractor will at all times, at their own expense, carry public liability insurance and property damage insurance in the amounts of $1,000,000/$2,000,000 naming the State University of New York at Buffalo, and the State of New York as additional insured.

Commercial General Liability insurance:

Business Automobile Insurance Combined Single Limit: $1,000,000

5.17.2 Workers’ Compensation Coverage Requirements: An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall:

· Be legally exempt from obtaining Workers’ Compensation insurance coverage; or

· Obtain such coverage from an insurance carrier; or

· Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.

Workers’ Compensation (including occupational disease) and Employer’s Liability New York Statutory Endorsement with a minimum limit of $1,000,000 as evidenced by one (1) of the following:

· Form C-105.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the State University of New York, or

· Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the State University of New York.

· Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

· Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.

5.17.3 Proof of Compliance with Disability Benefits Coverage Requirements: An ACORD form is NOT acceptable proof of Disability Benefits Coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall:

· Be legally exempt from obtaining disability benefits coverage; or

· Obtain such coverage from an insurance carrier; or

· Be a Board-approved self-insured employer.

New York State Disability Benefits as evidenced by one of the following:

· Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to The State University of New York.

· Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-Insurance Office at 518-402-0247 to obtain this form.

5.17.4 Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.state.ny.us).

5.17.5 Policies must be written by companies with an A.M. Best Company rating of “A” or better or otherwise be acceptable to the University.

5.17.6 Non-admitted carriers will only be accepted when coverage cannot be secured from an admitted carrier, as evidenced by appropriate ELANY documentation.

5.17.7 Policies must be endorsed in a form acceptable to the University to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice to the University.

5.17.8 The Contractor shall furnish evidence of acceptable policies to the University prior to completion of a contract. Certificates of insurance shall be presented to Purchasing, Attention: Dominic LoTempio (DSL4@buffalo.edu) upon award of contract or before work commences.

5.17.9 If, at any time during the period of the Agreement, insurance as required is not in effect, or proof thereof is not provided to the University, the University shall have the options to: (i) direct the Contractor to suspend work with no additional cost or extension of time due on account thereof; or (ii) treat such failure as an Event of Default.

5.17.10 The Bidder/Contractor shall hold harmless the State of New York and the State University of New York from all damage and claims for damage, demands, suits, costs, recoveries and judgments which may be recovered against the State University of New York at Buffalo and the State of New York or their officers, agents or employees caused by supplier acts or omissions in performing a contract arising or growing out of the performance of this contract.

5.18 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES

It is the policy of the State University of New York to take affirmative action to ensure that minority and women-owned business enterprises are given the opportunity to demonstrate their ability to provide goods and services at competitive prices.