RFP# 2526-03 Learning Management System.PDF

REQUEST FOR PROPOSAL

RFP #2526-03

Learning Management System

Posted Date: September 4, 2025 Due Date: November 3, 2025 by 1:00 p.m. CST

Please be advised that all Proposers should register online http://www.demandstar.com/app/wapp/registration to receive future solicitation notices from the Wisconsin Technical Colleges Purchasing Consortium and its member colleges. For more information, please see the Section titled: “Bid Distribution Networks” in this document.

http://www.demandstar.com/app/wapp/registration

REQUEST FOR PROPOSAL

for

Southwest Wisconsin Technical College

Learning Management System

RFP #2526-03

Proposal due date:

Southwest Wisconsin Technical College, 1800 Bronson Boulevard, Fennimore, Wisconsin will be accepting sealed proposals via DemandStar only on or before 1:00 p.m. CST on November 3, 2025 for Learning Management System via Teams.

Join the meeting now Meeting ID: 298 428 734 679 Passcode: Fv2Rm7Lu

Specifications will be available on TBD:

www.DemandStar.com On the College website: http://www.swtc.edu under the “About” tab, Current Bids/RFPs

An optional Pre-RFP Meeting will be held on September 22, 2025 a 1:00 p.m. to clarify RFP Proposal submission requirements.

Join the meeting now Meeting ID: 227 522 622 316 6 Passcode: Bk7GX9oC

Kent Enright Secretary of the Southwest Wisconsin Technical College District Board https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTU3ZTFlZGEtYWUzYi00MjYyLTkzOTgtMmJjYThlOTI1YTQ3%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d http://www.DemandStar.com http://www.swtc.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzg5OTQwN2EtZWY4MC00YTJkLTk4N2UtNmMzMzBkOGIzYmRi%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d

Table of Contents

REQUEST FOR PROPOSAL....................................................................................................................... i

Introduction

College Overview

Vision Statement

Mission Statement

College Purposes

College Values

Definitions

Purpose

Scope

Due Date and Public Opening

Response Timeline

Evaluation and Selection Criteria

Terms and Conditions

Contractual Terms and Conditions

Project Specifications

Format & Content of Proposal

Response Format

Page | 3

Introduction

College Overview Southwest Wisconsin Technical College (Southwest Tech) (College), is a municipal corporation of the State of Wisconsin primarily engaged in post-secondary and adult education.

Southwest Tech is located in Southwest Wisconsin that encompasses a geographical region of 3,800 square miles (80 miles east to west and 100 miles north to south). The district includes most of Crawford, Grant, Iowa, Lafayette, and Richland counties and part of Dane, Green, Sauk, and Vernon counties. Thirty public K-12 school districts comprise the Southwest Tech district. In 2024, the College served 7,189 students which computes to 1,312 full-time equivalents (FTEs).

Additional information on Southwest Tech can be found on the College website at https://www.swtc.edu/.

Vision Statement Southwest Tech will be a preferred provider of education, source of talent, and place of employment in the region. We at the College change lives by providing opportunities f o r s u c c e s s .

Mission Statement Southwest Tech provides education and training opportunities responsive to students, employers, and communities.

College Purposes Provide apprenticeship, certificate, technical diploma, and associate degree programs that respond to District workforce needs and prepare students for family-sustaining jobs and career advancement.

Provide customized training, retraining, and technical assistance to businesses and other organizations.

Collaborate with schools to provide K-12 students opportunities to explore college and career options as well as to enhance their preparation for postsecondary education.

Provide career pathways and transfer opportunities that enable graduates to continue their education.

Provide continuing education opportunities to enhance the occupational knowledge and skills of District workers and residents.

Provide Adult Basic Education, GED/HSED, bridge, and other programs that help unskilled or low-skilled individuals prepare for work, postsecondary education, or career advancement.

Provide education and services which address barriers created by stereotyping and discriminating and assist minorities, women and the handicapped or disadvantaged to participate in the work force and the full range of technical college programs and activities.

Provide community services and avocational or self-enrichment activities.

https://www.swtc.edu/ https://www.swtc.edu/

Page | 4

College Values Inclusivity. We provide a welcoming environment that promotes respect for all members of the college community. We commit to learning about our differences and commonalities to better appreciate the value of each person. We empower the college community to cultivate connections and defend the dignity and humanity of all. We expect all members of our college community to live our Charger Respect Pledge.

Learning. We work together to make high-quality, affordable education accessible to our diverse population. We help students develop the knowledge, skills, and attitudes needed to contribute to an inclusive workforce and community success. Through partnerships, we seek opportunities to improve lives.

Integrity. We promote a cohesive culture that is based on honesty, professionalism, trust, kindness, and respect. We work collaboratively to maintain a healthy environment of clear communication, transparency, and dedication to the mission of Southwest Tech.

Accountability. We hold ourselves and our teams responsible for achieving academic and fiscal College goals as established by the District Board. We practice self-awareness and hold each other accountable to recognize and confront biases that impact our thinking, behavior, and performance to realize positive and equitable results.

Continuous Improvement. We leverage our rural perspective and progressive entrepreneurial spirit to attract people who strive for excellence in student success through innovation in technology, services, and strategies. We support and promote personal and professional development to exceed industry standards and produce competent and skilled graduates in high-quality, relevant programs essential to our sustainability as a college.

Definitions Definition of College or Southwest Tech

The term “College” or “Southwest Tech” as used throughout this document shall mean Southwest Wisconsin Technical College.

Definition of the Southwest Tech Foundation and the Southwest Tech Real Estate Foundation

The term “Foundations” as used throughout this document shall mean the Southwest Tech Foundation and the Southwest Tech Real Estate Foundation.

Definition of supplier, vendor, proposer, offeror, applicant, agency, contractor, lessor and bidder

Although supplier, vendor, bidder, offeror, applicant, agency, contractor, lessor and proposer may have separate meanings, for this RFP they’re used interchangeably to represent any individual or entity seeking to or already doing business with Southwest Tech who, based on an assessment of that individual or entities has financial, technical, and/or business capability, is qualified to fulfill the requirements.

Page | 5

Overview of R F P # 2 5 2 6 - 0 3 Learning Management System

Purpose

Southwest Wisconsin Technical College, 1800 Bronson Blvd, Fennimore, WI 53809, is requesting proposals for a Learning Management System (LMS). Proposals for the requested product/services will be accepted until the time and date noted on page first page of this RFP.

Scope

The College seeks a Learning Management Solution that can provide support for our current academic operation and aligns with the criteria outlined in the RFP to best serve the needs of the College while minimizing cost. The proposed LMS solution should describe its ability to meet the scope of services as outlined in the RFP.

Objectives Through this RFP, the College will implement an LMS solution that will:

Enhance teaching and learning through a modern interface that supports best practices for online, face-to-face, and blended modalities.

Align with WCAG 2.1 AA guidelines and improve accessibility through built-in accessibility checkers and remediation guidance.

Seamlessly integrate with existing institutional systems (Anthology) and third-party LTIs to automate data flows, including course creation, user enrollment, and grade transfer.

Promote data-driven decision-making through learning analytics, mastery pathways, and early alerting systems to improve student retention.

Offer scalable, transparent pricing to accommodate enrollment fluctuations.

Support deployment and continued use through technical support, training, and onboarding for instructors.

Page | 6

Response Requirements and Timeline

Due Date and Public Opening Proposal due date:

Southwest Tech, 1800 Bronson Boulevard, Fennimore, Wisconsin will be accepting sealed proposals via DemandStar only on or before 1:00 p.m. CST on November 3, 2025 for Learning Management System via Teams.

Join the meeting now Meeting ID: 298 428 734 679 Passcode: Fv2Rm7Lu

Specifications will be available on TBD:

www.DemandStar.com On the College website: http://www.swtc.edu under the “About” tab, Current Bids/RFPs

A Pre-RFP Meeting will be held on September 22, 2025 a 1:00 p.m. to clarify RFP proposal submission requirements.

Join the meeting now Meeting ID: 227 522 622 316 6 Passcode: Bk7GX9oC

Proposals and all associated documentation shall be submitted using Electronic Bidding (e-bidding) in DemandStar. For instructions, please refer to Appendix A that has been uploaded into DemandStar. It is the responsibility of the Proposer to ensure that the proposal was submitted in full, complete, and on time. Proposers shall bring questions, inadequacies, omissions, or conflicts to the attention of the College through email rfp@swtc.edu.

Late proposals will not be accepted.

Proposal submissions are to be submitted through DemandStar.

Southwest Tech uses DemandStar.com as their automatic supplier registration, procurement notice and document distribution system.

Suppliers interested in receiving bid and proposal information from Southwest Tech must register online to access all bidding opportunities at the College.

How to Register with DemandStar - DemandStar | Government Contract Bids, RFPs & Procurement https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTU3ZTFlZGEtYWUzYi00MjYyLTkzOTgtMmJjYThlOTI1YTQ3%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d http://www.DemandStar.com http://www.swtc.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzg5OTQwN2EtZWY4MC00YTJkLTk4N2UtNmMzMzBkOGIzYmRi%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d mailto:rfp@swtc.edu https://network.demandstar.com/supplier-support/demandstar-user-guide-for-suppliers/

Page | 7

Response Timeline The College has established the following timeline in relation to the Learning Management System RFP. Please note that dates are subject to change. Vendors will be notified via email of any changes in the timeframe.

TIMELINE ACTIVITIES DATE

RFP #2526-03 released September 4, 2025

Questions due for RFP #2526-03 *email: rfp@swtc.edu with RFP# 2526-03 in the subject line September 16, 2025 by 5 p.m.

Pre-RFP meeting to review the proposal requirements of the RFP via Join the meeting now Meeting ID: 227 522 622 316 6 Passcode: Bk7GX9oC

September 22, 2025 @ 1 p.m.

Addendum for Questions/Answers Uploaded to DemandStar September 24, 2025 RFP #2526-03 Due Date RFP Opening via Join the meeting now Meeting ID: 298 428 734 679 Passcode: Fv2Rm7Lu

November 3, 2025 by 1 p.m.

List of vendors identified for on-site interview/demonstration November 21, 2025

Vendor demonstrations, pilot projects The week of January 12, 2026

Follow-up interview/additional questions: Virtual TBD

Best and Final Offer (BAFO) if applicable April 7, 2026 by 1 p.m.

Board Approval May 21, 2026

Vendor Award Notification May 22, 2026

Please note that dates are subject to change. Vendors will be notified via email of any changes in the timeframe.

Restrictions on Communications During the time from the date of release of this RFP until The College has notified all Proposers of its decision, all contact with any other employees of the College concerning this RFP is prohibited, except as authorized by the individuals named herein. Failure to adhere to this provision may be cause for disqualification of a Proposer’s submission.

Addendum Process

All addenda will be supplied to Proposers of record via the College’s e-bidding third party provider, Onvia DemandStar.

mailto:rfp@swtc.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzg5OTQwN2EtZWY4MC00YTJkLTk4N2UtNmMzMzBkOGIzYmRi%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTU3ZTFlZGEtYWUzYi00MjYyLTkzOTgtMmJjYThlOTI1YTQ3%40thread.v2/0?context=%7b%22Tid%22%3a%2214f58afa-abfc-4c24-8b2b-cec4fc6f7fe6%22%2c%22Oid%22%3a%22d1991eea-9535-47a7-9a01-bfa534871583%22%7d

Page | 8

General Addenda issued during the time of bidding shall become a part of the RFP documents.

Respondents shall acknowledge receipt of such addendum in the appropriate space provided on the Proposal Submission Form. Failure to examine any and all documents will in no way relieve the successful Respondent from the necessity of performing any work that may be required to complete the work in accordance with this RFP. After downloading the RFP documents in DemandStar, proposers will become “plan holders” of the RFP and will automatically receive notice to any addenda and/or answers to questions. It is the responsibility of each bidder to check for any addenda posted to DemandStar before submitting their proposal.

The College shall not incur any liability for any costs incurred by the Respondent in submitting a proposal in response to this RFP.

Southwest Tech is an Equal Opportunity Employer and Educator operating under an Affirmative Action Plan.

Errors and Omissions in Proposal Failure by the College to object to an error, omission, or deviation in the proposal will in no way modify the RFP or excuse the vendor from full compliance with the specifications of the RFP or any contract(s) awarded pursuant to the RFP.

Amendment of Proposals Proposals may be amended by the College in response to a need for further clarification, specifications, and/or requirement changes, new opening date, etc. Copies of the amendment(s) will be sent to prospective Proposers and must be signed and returned by the Proposer as specified in the amendment. Proposals may only be amended, after receipt by the College, by submitting a later-dated proposal that specifically states that it is amending an earlier proposal. No proposal shall be amended after the opening date unless requested by the College.

Acceptance/Rejection The College reserves the right to accept or reject any or all proposals, to waive any technicality in any proposal submitted, and to accept any part of a proposal deemed to best serve the interests and needs of the College. Proposals may be held by the College for a period not to exceed one hundred twenty (120) days from the date of the opening of proposals for the purpose of reviewing the proposals and investigating the qualifications of the contractors, prior to the awarding of the contract.

Deviations from Proposal Specifications Any deviations from proposal item specifications must be clearly documented on an attachment sheet to this proposal form and indicated as “Exceptions to Specifications”. The College reserves the right to determine if any noted deviations or qualifying statements indicated in a proposal are in the best interest of the College, and reserves the option to reject any proposal(s), all proposals, or a portion of a proposal(s), on that basis. The failure to identify exceptions or proposed changes with a full explanation will constitute acceptance by the Proposer of the solicitation as proposed by the College.

Page | 9

Withdrawals Proposals may be withdrawn by written request received from Proposer or an authorized representative thereof prior to the time fixed for opening of proposals, without prejudice to the right of the Proposer to file a new proposal. Withdrawn proposals will be returned unopened.

Negligence on the part of the Proposer in preparing their proposal confers no right for withdrawal of the proposal after it has been opened.

NO PROPOSAL MAY BE WITHDRAWN FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS

AFTER THE DATE SET FOR THE OPENING THEREOF. PROPOSED FEES MUST BE VALID FOR THIS ONE

HUNDRED TWENTY (120) DAY PERIOD.

Lack of Competition The College reserves the right to reject all proposals received and resubmit the RFP if it feels an adequate level of competition was not obtained, or if specifications/terms did not allow for a sufficient level of competing proposals to be received, or if desired specifications, features, or standards were not, in the opinion of the College, acceptable.

Page | 10

Evaluation and Selection Criteria Selection committee The Learning Technology Workgroup will review all the proposals submitted by the deadline.

Demonstrations will be open to the entire campus community for feedback. A vendor recommendation will be submitted to the Board for approval on the date noted in the Timeline. Vendors will be notified of the award on or before the date noted in the Timeline. The Learning Technology Workgroup will include, but not be limited to, representation across the College.

Complete response A complete response to all required items must be submitted by the scheduled due date and time.

Selection criteria Scoring will be based on written proposals, demonstration, additional interviews and Best and Final Offer

(BAFO).

Scoring and Evaluation Criteria Our team will evaluate all responses by assessment of how well the bidder completely and effectively responds to the RFP, as well as the degree of compliance requested.

Scoring Criteria

1. 30% - Academic Innovation & Learning Features

2. 15% - User Experience & Accessibility (UX/UI, Mobile)

3. 15% - Reliability, Performance, Uptime and References

4. 10% - Implementation Support & Training

5. 10% - Security, Privacy, and Compliance (FERPA, WCAG 2.1 AA and Beyond)

6. 10% - Integration with Core Systems (SIS, Microsoft, Third Party Integrations)

7. 10% - Total Cost of Ownership

Responses to the RFP and to the evaluation criteria shall be considered a part of the contract to be entered into with the firm selected. All communications with Southwest Tech shall be done exclusively with the appointed designee of the Board.

Some Respondents to this RFP may be invited to participate in an on-site demonstration.

Southwest Tech is not responsible for any expenses incurred by invited respondents related to the demonstration/interview process.

Page | 11

Evaluation Criteria

The college requires proposed LMS solutions to meet the following criteria.

Cost and Licensing o Clearly outlined Total Cost of Ownership (TCO), including initial licensing fees, cost of implementation of LMS solution, migration, mobile access, AI features, training, and any recurring annual costs or add-ons (e.g., hosting costs, additional storage). Cost must reflect full access for students and faculty to all platforms, analytic dashboards, digital credentialing/badging, and other relevant features with no per-feature upcharge.

o Tiered pricing models based on usage (e.g., FTE, course count) Reliability o Guaranteed 99% uptime or higher, documented in service-level agreement (SLA) o Fully redundant with disaster recovery times documented in SLA o Cloud hosting with a SaaS delivery model

Integrations o Anthology: Two-way data exchange with ERP, including verified passage of final grades from

LMS to SIS o Microsoft: Single Sign-On (SSO) with integration of Microsoft 365 apps (e.g., OneDrive) o AI plug-ins capability and support, including AI-enhanced writing tools o Plagiarism Detection: Seamless integration of Turnitin plagiarism detection software o Interactive Video Tools: Grade passback capability with PlayPosit to LMS gradebook o Open Standards Compliance with SCORM, QTI, xAPI o Demonstrated support for other third-party tool integrations, including a central hub for vetted third-party LTIs o Ability to integrate a course-level accessibility scanner to identify and guide remediation of common digital accessibility issues (native or third-party tool) o Full compatibility of assignments, rubrics, pages, and other LMS content with common screen-reader technologies (e.g., NVDA, JAWS) Instructional Features o Built-in AI assistants for grading, tutoring, and course design, or the ability to integrate third-party applications with similar functionality o Personalized learning experiences with adaptive learning paths, AI-driven content suggestions, and dynamic assessment tools (faculty need to be able to change the adaptive learning paths and content).

o Ability to push standard course templates (e.g., boilerplates, course blueprints) across sections o Tools and support for mass migration of existing courses and content from Schoology to the proposed LMS o Full WCAG 2.1 AA and Section 508 compliance with a commitment to continuous improvement in the form of a Voluntary Product Accessibility Template (VPAT) to maintain compliance in the event of legislative requirements o Robust mobile applications for student and faculty use on multiple platforms (e.g., iOS, Android) with no additional cost for users o Ability to develop and grade using custom rubrics o Demonstrated history of integrating textbook publisher-provided content and assessments

(e.g., McGraw-Hill Connect, Cengage) o Supports competency-based education, learning outcomes mapping, and stackable credential design o Robust, no-code course authoring tools for instructors

Page | 12 o Support for tracking of work-based learning (WBL) experiences (e.g., apprenticeships, clinical placements, internships, and others) o Feature or integrations to support employer feedback, skill tagging, and employer dashboards, if applicable o Support for ePortfolio development and linking of artifacts to credentials or digital badges.

Data/Reporting/Learning Analytics & Student Success Tools o Detailed dashboards and reports of student and faculty course interactions, including but not limited to login frequency, interactions with pages, and assignment submissions, accessible to faculty and administrators o Ability to link college and program-level learning outcomes with course assessments, with data export for mastery reporting o AI-driven proactive identification of at-risk students with real-time instructor alerts o Ability to export gradebooks, activity logs, and attendance/participation data o Learning Record Store (LRS) or similar infrastructure to track cross-platform learning data.

Support, Training, and Faculty Onboarding o 24/7 support via phone, chat, and email for faculty and students o Extensive knowledge base library and community forums with guides, video tutorials, and documentation o Implementation support, including but not limited to planning, data migration from the current LMS, pilot projects, and multiple faculty onboarding webinars, both live and recorded o Comprehensive faculty onboarding plan with training on AI features, data dashboards, and mobile teaching o Ongoing updates on new features and access to a roadmap for instructional innovations o Sandbox access for the evaluation team and pilot participants

Data Security/Compliance o Compliance with FERPA, GDPR, institutional data governance polices, and other relevant data privacy laws and cybersecurity best practices o Granular and customizable creation of user roles (e.g., instructor, teaching assistant, student, advisor, observer) o Access to all stored data and course content upon contract end, with clear terms for the retrieval of data o Ability to define, automate, and manage data lifecycle policies, including retention schedules, archiving rules, and secure deletion/anonymization of user data and course content. Solution should support compliance with institutional data governance practices and relevant regulatory standards (e.g., FERPA, GDPR, or local policies).

User Experience o Customizable interface with ability to implement institution-specific branding (e.g., imagery, color schemes) o Ability for users to customize notification settings, user dashboard layout, and learning paths.

o Global Announcement capabilities to enable LMS administrators to post global announcements visible to all users upon sign-in o Robust mobile experience (iOS, Android) with no added costs or functionality loss.

Page | 13

Southwest Tech maps of the region, our district and campus (swtc.edu) https://www.swtc.edu/about/campus-maps#region-map

Page | 14

Terms and Conditions Reservations of Rights by the College

The issuance of this RFP does not constitute an agreement by the College that any contract will actually be entered into by the College. The College expressly reserves the right at any time to:

1. Waive or correct any defect or informality in any response, proposal, or proposal procedure.

2. Reject any or all proposals.

3. Reissue a request for proposal.

4. Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for contents or format of the proposals.

5. Procure any materials, equipment or services specified in this RFP by any other means; or determine that no project will be pursued.

Contract Terms The term of this contract may be awarded for a period of no longer than five (5) years with the district having an option of additional consecutive one (1) year extensions up to a maximum total contract length (including extensions) of seven (7) years.

This RFP and the Proposer’s response will become part of the contract with the College. The Supplier’s pricing proposal form shall include all associated costs. The College reserves the right to add or delete items in this RFP based upon need at the time of purchase. The successful Supplier will be required to assume responsibility and liability for all services and actions provided by Supplier employees. The successful Supplier shall be the sole point of contact with regard to all contractual matters. Third parties or intermediaries are not acceptable. The contract survives acquisition by a Third Party.

Uniform Commercial Code Contract terms will be the provisions of the Uniform Commercial Code (UCC) for the State of Wisconsin, and the College are entitled to all rights and remedies of contract as afforded under the provisions the UCC for the State of Wisconsin, not barring any and all state and federal contract provisions that would also apply and pertain to the College contract of this dollar magnitude and nature.

Binding Offer Proposals shall be signed and dated by an engagement partner authorized to bind the Proposer in legal matters. A proposal submitted in response to this RFP shall constitute a binding offer.

Acknowledgement of this condition is indicated on the “Proposal Submission Form” by the signature of the Proposer or an officer of the Proposer legally authorized to execute contractual obligations.

By submitting a proposal, the Proposer affirms its acceptance of the terms and conditions of this RFP, including its attachments and exhibits, without exception, deletion or qualification, and without making its offer contingent.

Page | 15

Request for Financial Statements The College may request financial statements containing three (3) years of P&L, Balance Sheet, and other financial documents for purposes of evaluating the financial ability of Proposer to provide the scope of service and support required by this RFP. Copies of supplier’s Certified Auditor Statements may be requested. In the event such financial information it required for the evaluation of proposals; such will be requested in writing to the supplier by the College.

Right of Waiver The College reserves the right to reject any or all proposals, to waive irregularities, whether minor or major, and to accept the proposal that is judged to be in the College’s best interest based on the College’s sole determination of the proposals received. All rights are reserved.

Best and Final Offer The Best and Final Offer (BAFO) presents an optional step in the Request for Proposal (RFP) selection process and is not part of the contract negotiation process.

1. The BAFO process may be used when:

a. No single response addresses all the specifications.

b. The cost submitted by all proposers is too high.

c. The scores of two or more proposers are very close after the evaluation process.

d. All proposers submitted responses that are unclear or deficient in one or m o r e a r e a s .

2. Procedures for the use of the BAFO process shall be detailed in the Administrative

Regulations and shall be compliant with Wisconsin Technical College System (WTCS) regulations.

Content of Proposal All attachments, additional pages, addenda, or explanations supplied by the Proposer with this proposal shall be considered as part of the proposal response.

Disclosure of Contract Failures, Litigations Disclose any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigation pending within the last three (3) years which involves your firm and all subcontractors involved in the project. List any contracts in which your firm and any subcontractor have been found guilty or liable, or which may affect the performance of the services to be rendered herein.

Nondiscrimination In connection with the performance of work under this contract, the proposer agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, marital status, sexual orientation, sex, disability, national origin, or ancestry. This provision must be included in all subcontracts. By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Page | 16

Affirmative Action Proposer agrees to comply with the College’s Equal Opportunity/Affirmative Active policy, which says the College does not discriminate based on age, race, color, sex, creed, disability, political persuasion, ancestry, or sexual orientation against students, employees, or service providers. By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Tobacco-Free Campus The successful Contractor agrees to abide by the respective tobacco-free campus regulations pertaining to each respective college, if applicable, that awards a contract to that Contractor. By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Non-Collusion In connection with the performance of work under this contract, the proposer has not either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in the restraint of free competition in connection with this proposal leading to the foregoing contract or in connection with the contract.

That the proposal leading to this contract has been independently arrived at without collusion with any other competitor or potential competitor.

That the proposal leading to this contract has not been knowingly disclosed prior to the opening of this proposal to any other competitor.

That no attempt has been made to induce any other person or Contractor to submit or not to submit a proposal which may have led to this contract.

That the above statement is accurate under penalty of perjury.

By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Americans with Disabilities Act The proposer will comply with all access and accommodation requirements required by the Americans with Disabilities Act. By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Debarment & Suspension Certification The Respondent certifies by signing the SWTC Signature Document that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or Respondent.

Page | 17

Cancellation Clause The College may, without cause, terminate the Contract by giving thirty days written notice of such termination to the awarded Respondent. In the event of such termination, the College shall reimburse the services performed and reasonable expenses actually incurred by the Respondent in relation to the work prior to the Respondent’s receipt of such notice of termination. The awarded Respondent shall provide the College at least thirty days prior written notice of termination.

Compliance with Laws In connection with the furnishing of supplies or performance of work under the contract, the Proposer agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal and State laws, regulations, and executive orders to the extent that the same may be applicable and further agrees to insert the foregoing provision in all subcontracts awarded hereunder.

Subcontracting All contractors submitting proposals shall not have the right or power to assign, subcontract, or transfer interest in the contract incorporating these specifications for performance of the terms and conditions hereof without the written consent of the College, which shall not be unreasonably withheld.

Non-discrimination In connection with the performance of work under this RFP, the Proposer agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, marital status, sexual orientation, sex, disability, national origin or ancestry. By signing and returning a response to this RFP, you are certifying you will comply with this requirement.

Independent Contractor Status Proposer agrees that it is an independent contractor with respect to the services provided pursuant to this proposal. Nothing in this proposal will be construed to create the relationship of employer and employee between the parties.

Force Majeure In the event that either party is unable to perform its obligations under this Agreement as a result of a force majeure, neither party shall be liable to the other for direct or consequential damages resulting from lack of performance. “Force Majeure” shall mean fire, earthquake, flood, act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government, or governmental agency or authority, or any other cause like or unlike any cause above mentioned which is beyond the control of either party.

Delays in Proposer’s Performance If at any time during the performance of the Contract, except in the case of “force majeure”, the Proposer should encounter conditions impeding timely delivery and performance of the Services, the Proposer shall promptly notify the College of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Proposer's notice, the College shall evaluate the situation and may at its discretion extend the Proposer's time for performance, with or without liquidated damages, or make alternative arrangements with other providers in which Proposer is responsible for actual costs incurred.

Page | 18

Cost of Proposal Preparation The College is not liable for any costs incurred in replying to this proposal. Any costs incurred in preparing or submitting proposals are the Proposers sole responsibility. Proposers will not be reimbursed for these costs.

Applicable Law The resulting contract shall be governed under the laws of the State of Wisconsin. The Vendor shall at all times comply with and observe all Federal and State laws, Local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

Liability All proposals become the property of the College and are considered public records (not confidential) per Wisconsin Open Records law.

Public Inspection of Proposals To maintain the integrity of the competitive proposal process, proposals received from Vendors will not be made available to other competing Vendors or to individuals or firms outside of the College proposal evaluation team until an award decision has been made or when practicable prior to the actual award.

Other Considerations Factors which include, but are not limited to, quantity involved, time of completion, purpose for which required, competency and financial capacity of vendor, ability to render satisfactory service and past performance will be considered in determining status as a responsible vendor. The College reserves the right to request additional information as may reasonably be required to make this determination and to further investigate the qualifications of the Respondent as deemed appropriate.

Covenant against Gratuities Proposer warrants by signing its proposal that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by the Proposer or any agent, director, or representative of the Proposer, to any officer, official, agent, or employee of the College with a view toward securing award of or securing favorable treatment with respect to any determinations concerning the performance of any resulting contract. For breach or violation, the College will have the right to terminate any resulting contract in whole or in part. The right and remedies provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under the resulting contract.

Non-Appropriation If funds are at any time not forthcoming or are insufficient to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically. The College have the right to terminate this Contract at no additional cost and with no penalty whatsoever. The Contractor may not recover anticipatory profits or costs incurred after termination.

Page | 19

Wisconsin Open Records Law Respondents to this RFP are advised that all documents received by the College in connection with this RFP, including submissions, contracts, if any, and all other submitted attachments, will become the exclusive property of the College.

Furthermore, to the extent permitted by law, it is the intention of the College to withhold the contents of the solicitations, contracts, if any, and any other submitted documents, from public view until such times as the competitive or bargaining reasons no longer require non-disclosure in the opinion of the College. At that time, all submissions, and any resulting contracts thereof, and all other submitted documents in connection to this RFP, will be available for review in accordance with Wisconsin Open Records Law.

Pursuant to Wisconsin State Statutes Section 19.36(5), protection from disclosure may apply to those pages in each submittal, as defined in Wisconsin Statutes Section 134.90(1) (c), and which are marked as TRADE SECRET, CONFIDENTIAL, or PROPRIETARY by the RFP Respondent or other submitting party. The Respondent shall mark each page separately; and any non-confidential data shall begin on the subsequent page. Marking all or nearly all, of the submission as TRADE SECRET, CONFIDENTIAL, OR PROPRIETARY may result in the rejection of the submission. In this regard, the College may reject any submission it cannot fairly evaluate without the information marked proprietary.

The College will not advise as the nature of the content of the documents marked as entitled to this protection of non-disclosure, or as to the definition of trade secret, confidential, or proprietary information. The Respondent or other submitting party will be solely responsible for all such determinations made by it, and for clearly and prominently marking each and every page or sheet of materials with TRADE SECRET, CONFIDENTIAL, or PROPRIETARY as it determines to be appropriate.

The College will endeavor to advise the RFP Respondent of any requests for the disclosure of the material so marked with TRADE SECRET, CONFIDENTIAL, or PROPRIETARY, and give the Respondent or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If a party other than the Proposer submitted the requested materials, the Proposer Respondent shall be solely responsible for notifying the submitting party of the requests. The College sole responsibility is to notify the Proposer of the request for disclosure, and the College shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of the court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the College or its officers, employees, consultants, or subcontractors.

Page | 20

Contractual Terms and Conditions

1. Contractual Relationship - The proposer agrees that it is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between parties.

2. Auditor Access - All parties contracting with the College shall, upon request, provide access to and furnish the College auditors with requested information, records, and reports, regarding any services provided to the College and the status thereof.

3. Acceptance of Terms and Conditions - Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP. Any Agreement or Contract resulting from the acceptance of a proposal shall incorporate the needs expressed in this proposal and be on forms either supplied by or approved by the College. The College reserve the right to reject or modify any Agreement that does not conform to the RFP and or any of the requirements for Agreements and Contracts. Any changes in an RFP response will be considered a counteroffer and may be cause for rejection of the entire RFP response.

4. Right to Negotiate Contract Terms - The College reserves the right to negotiate the terms of the contract(s), with the selected Proposer(s) prior to entering into a contract(s). If contract negotiations cannot be concluded within thirty (30) calendar days successfully with the highest scoring Proposer, the College may negotiate a contract with the next highest scoring Proposer.

5. Rights, Copyrights, Ownership - All conceptual work and images created for this project by the selected vendor shall belong exclusively to Southwest Wisconsin Technical College.

6. Contract Documents - Proposer shall include in their submission all binding contract documents you expect the College to consider being included as part of the final contract.

7. Cancellation Clause - The College may, without cause, terminate the contract(s) or a project under the contract(s) by giving written notice of such termination to the awarded firm. In the event of such termination the College shall reimburse the firm for services performed and reasonable expenses actually incurred by the firm in relation to the terminated project prior to the firm’s receipt of such notice of termination.

8. Taxes - The College is a governmental entity exempt from sales taxes pursuant to Wisconsin Statutes, Section 77.54(9a).

9. Confidentiality - No reports, information, or data given to or prepared by the proposer under the Contract shall be made available to any individual or organization by the proposer without the prior written approval of the College. All data, drafts, analyses, and related documentation accumulated during the course of the service provided shall become the property of the College unless otherwise stated in writing between the parties.

Page | 21

10. Insurance Requirements as Applicable

Certificate of Insurance Prior to the commencement of services under this contract, the successful vendor(s) will be required to provide a Certificate of Insurance indicating the coverage listed.

Additional Insured Requirement Name Southwest Wisconsin Technical College as an additional insured

Coverage Amounts Required Commercial General Liability Coverage

$1,000,000 per occurrence $3,000,000 aggregate

Comprehensive Automobile coverage $1,000,000 per occurrence $3,000,000 per annum

Worker’s Compensation and Employers Liability Contractor agrees to maintain worker’s compensation insurance as required by Wisconsin

State Statues for all employees engaged in the work.

Commercial Cyber Liability Insurance, Protection of Sensitive Data The selected Vendor shall obtain at its own expense and evidence via Certificate(s) of Insurance the following insurance requirements before communication of any awarded work and throughout the duration of the Agreement:

A. Errors and Omission (E&O), Technology Products E&O: minimum of $5 million per annum, inclusive of defense costs

B. Network Security/Privacy Liability; including

a. Computer or network systems attacks

b. Denial or loss of service

c. Introduction, implantation, or spread of malicious software code

d. Unauthorized Access and Use of computer systems

e. Privacy liability

f. Breach response coverage

i. Liability coverages should have a minimum of $2.5 million limit and overall liability coverage of $5 million per annum

C. Crime Insurance: Vendor, at its sole cost and expense, shall obtain and maintain in full force and effect, Third Party Crime/Employee Dishonesty Insurance in an amount not less than $1,000,000. The insurance shall name SWTC as a loss payee.

Note: Southwest Tech requires 30-day written notice of cancellation, non-renewal, or material change in the insurance coverage.

Page | 22

Additional Insurance Requirements Must include the following:

Premises and Operations Liability Explosion, Collapse and Underground Coverage Broad Form Blanket contractual Personal Injury (Group A, B, C) and delete Employment exclusion Product and Completed Operations Coverage Broad Form Property Damage including Completed Operations Independent Contractors Coverage (Owners & Contractors protective) if applicable

11. Contract Award – While Vendors are encouraged to quote as many or all of the items listed in this RFP, it is understood that not all items may be available from one Vendor source. Southwest Tech will have the option to make “split awards” of the items to multiple Vendors or to award to multiple Vendors if it is determined in the best interest of the College. The actual utilization of any Contract will be at the sole discretion of the College. Vendors need to quote prices on a line-item basis with the understanding that Southwest Tech may only order partial items of what the Vendor quoted. If the Vendor can offer additionally discounted prices on the premise that it will receive the entire award, or an award of a select “family” of items, the Vendor should enumerate such additional pricing discount options for Southwest Tech’s consideration on a separate page attached to their proposal response.

Page | 23

Project Specifications Qualifications of Respondents

The College reserves the right to reject the RFP process if the evidence submitted by, or investigation of, the Respondent fails to satisfy the College that the Respondent is responsible and qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Before the award of a Contract can be approved, the College shall be satisfied that the Respondent involved meets the following requirements.

Be an established provider of Learning Management Systems with at least three (3) years of experience in higher education or technical/community college environments.

Demonstrate successful implementation of the proposed LMS platform at a minimum of three (3) higher education institutions similar in size, mission, and modality to the College.

Provide comprehensive implementation support, including migration from Schoology, system configuration, user onboarding, and training.

Agree to a service level agreement (SLA) that includes uptime guarantees, support response times, and data protection expectations.

Comply with all applicable data privacy regulations, including FERPA and, if applicable, GDPR.

Be able to integrate with the college’s existing enterprise systems, including Anthology (SIS), Microsoft 365, and various third-party tools (e.g., Plagiarism checking tools, Interactive video quizzing platform, writing assistance tools).

Restriction of Use of Confidential Information For purposes of this RFP, “Confidential Information” is defined as any and all information whose collection, disclosure, protection, and disposition is governed by state or federal law or regulation, including, but not limited to, information subject to the Family Educational Rights and Privacy Act (“FERPA”), the Gramm-Leach-Bliley Act (“GLBA”), or State of Wisconsin confidentiality, privacy and student records laws. This information includes, but is not limited to, Social Security Numbers, student education records, financial records regarding students (or their parents or sponsors), financial and personal information regarding College employees, and other personally identifiable information identified by law.

The Proposer agrees to hold any and all Confidential…