SOUTH DAKOTA BOARD OF REGENTS

EXECUTIVE DIRECTORS OFFICE

306 EAST CAPITOL AVENUE, SUITE 200

PIERRE, SD 57501-2545

ONLINE STUDENT TRAINING

PROPOSALS ARE DUE NO LATER THAN 5:00 PM CDT, APRIL 28, 2026

RFP #: SDBOR04132026 BUYER: Molly Weisgram PHONE: (605) 773-3455

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Board of Regents (SDBOR) is requesting proposals for an online, engaging/interactive student training solution to support systemwide student education and compliance initiatives across six public universities. The primary purpose of this RFP is to obtain high-quality, evidence-based student training content addressing federally mandated and institutionally required topics applicable to students. The system must support training delivery for approximately 30,000 students.

Required Student Compliance Training Areas:

The Vendor must provide student training addressing the following federally required areas applicable to students:

Title IX of the Civil Rights Act Clery Act, including Campus SaVE Act and Violence Against Women Act (VAWA) requirements Stop Campus Hazing Act

Additional Student Training Areas (Preferred, Not Mandatory):

SDBOR also seeks student training content in the following areas. These trainings are preferred but are not required for proposal responsiveness:

Title VI of the Civil Rights Act (race, color, national origin nondiscrimination) Americans with Disabilities Act (ADA) / Section 504 (disability access and accommodations) Drug and Alcohol Awareness Bystander Intervention Campus Safety Nondiscrimination Student Wellness Student Financial Services / Financial Aid Academic Misconduct, including the use and misuse of Artificial Intelligence Student Cyber Safety

RFP# SDBOR04132026

Vendors that do not currently offer one or more preferred training modules should not consider those gaps disqualifying. Instead, Vendors are requested to identify:

Whether the training can be developed or added, The estimated cost to add the training, and The anticipated timeline for availability.

PROPOSAL OPTIONS

Vendors may respond to one or both of the following proposal options:

Option A – Fully Integrated Online Student Training:

Under this option, the Vendor shall provide both the student training content and the electronic platform used to administer, assign, track, remind, and report student training completion.

Option B – Training Content Only:

Under this option, the Vendor shall provide student training content only.

Administration, assignment, delivery, reminders, and reporting will be managed by the South Dakota Board of Regents through its existing learning management system (D2L Brightspace).

Proposals may include responses to any or all training needs requested in this RFP. The SDBOR may offer one or more contracts for the training requested.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Office of Academic & Student Affairs is the issuing office for this document and all subsequent addenda relating to it, on behalf of The South Dakota Board of Regents (SDBOR) Office. The reference number for the transaction is RFP #SDBOR04132026. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication: April 13, 2026 Offeror Questions Due: April 17, 2026, by 10am CDT Responses to Vendor Questions: April 21, 5pm CDT Proposal Submission: April 28, 2026, by 5pm CDT Tentative Demonstrations: Early to Mid May 2026 Anticipated Award Decision/Contract Negotiation: End of May 2026 Intended Implementation Deadline August 1, 2026

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the Board of Regents Office via email to Molly Weisgram, System Academic Program Manager, at molly.weisgram@sdbor.edu by the date and time indicated in the Schedule of Activities. Proposals received after the deadline will be late and ineligible for consideration. The proposal submission email MUST have a subject line that includes the appropriate RFP Number and Open Date.

Example:

REQUEST FOR PROPOSAL #SDBOR04132026 Opening 04-28-2026

This information is the ONLY information that should appear in the Subject Line of your email.

Any other information could cause your bid to be rejected.

All proposals must be signed by an officer of the responder, legally authorized to bind the responder to the proposal. Proposals that are not properly signed may be rejected.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to SDBOR/State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by SDBOR or the State of South Dakota.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the Vendor is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all vendors and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the Vendor certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin, or disability.

1.7 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the Vendor prior to the established due date and time. No oral, telephonic, telegraphic, or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.10 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities.

Email inquiries must be sent to molly.weisgram@sdbor.edu with the subject line: “RFP

#SDBOR04132026 QUESTIONS”.

The Office of Academic & Student Affairs prefers to respond to Vendor’s inquiries (if required) via e-mail. If a Vendor does not indicate an email address, the State’s response will be sent via fax. If no fax number is provided, the State will mail the response to the Vendor. All Vendors will be informed of any inquiries and the State’s response. Vendors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Vendors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.11 PROPRIETARY INFORMATION

The proposal of the successful Vendor(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Vendors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.12 LENGTH OF CONTRACT

The contract terms will begin on or after May 31, 2026, for a period of three years, with the possibility of renewal for each following academic year.

1.13 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota govern this transaction.

1.14 DISCUSSIONS WITH VENDORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by a Vendor to clarify a proposal may be required at the sole discretion of the SDBOR. However, SDBOR may award a contract based on the initial proposals received without discussion with the Vendors. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the Vendor’s expense and will be conducted via distance (Zoom or Webex).

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at SDBOR’s request. SDBOR reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Vendor will perform those services described in the Work Plan, which will be attached to the contract as Exhibit A and incorporated by reference. The Vendor’s response to this RFP shall be considered part of the Work Plan.

2.2 The services to be provided under the contract shall commence and terminate on mutually agreed dates. Terms for early termination shall be included in the agreement as negotiated by the parties.

2.3 The terms of the agreement shall state whether or not the Vendor will use State equipment, supplies or facilities. If the Vendor will use State equipment, supplies or facilities, the scope and conditions of such use will be clearly indicated in the agreement.

2.4 Unless otherwise negotiated and agreed upon by the parties, The State will make payment in compliance with the Prompt Payment Act, SDCL 5-26 for services provided under the contract.

2.5 The agreement shall indicate whether or not the State shall have the option to renew the agreement. If a renewal option is specified, the State shall have the option to renew the agreement (unless otherwise modified by a special contract term, condition, or specification), under the same general terms and conditions, for an additional term, which may not exceed three (3) years. Notice of intent to renew shall be given by the State to the Vendor as mutually agreed upon prior to the end of the current contract term. If the notice of intent to renew is given, the Agreement shall renew unless terminated by either party pursuant to the Termination Provision of the Agreement.

2.6 The Vendor agrees to indemnify and hold the State of South Dakota, its officers, agents, and employees, harmless from and against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of performing services hereunder. This section does not require the Vendor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents, and employees.

2.7 The Vendor, at all times during the term of the Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance: The Vendor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000 for each occurrence and $2,000,000 aggregate.

B. Worker’s Compensation Insurance: The Vendor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under the Agreement, the Vendor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on 30 days’ prior written notice to the State. The Vendor shall furnish a copy of the insurance policies if requested by the State.

2.8 While performing services under agreement with the State, the Vendor is independent and not an officer, agent, or employee of the State of South Dakota.

2.9 Vendor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury, or death, to the person or property of third parties, or which may otherwise subject Vendor or the State to liability. Vendor shall report any such event to the State immediately upon discovery.

Vendor’s obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Vendor’s obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Vendor to report any event to law enforcement or other entities under the requirement of any applicable law.

2.10 Termination Provision: The Agreement may be terminated by either party by providing written notice as mutually agreed and specified in the Agreement. In the event the Vendor breaches any of the terms or conditions of the Agreement, the Agreement may be terminated by SDBOR at any time with or without notice. If termination for such a default is affected by SDBOR, any payments due to Vendor at the time of termination may be adjusted to cover any additional costs to SDBOR because of Vendor’s default. Upon termination SDBOR may take over the work and may award another party an agreement to complete the work under the Agreement. If after SDBOR termination for a default by Vendor it is determined that Vendor was not at fault, then the Vendor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.11 The Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for the intended purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, the Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.12 The Agreement may not be assigned without the express prior written consent of SDBOR.

This Agreement may not be amended except in writing, which writing shall be expressly identified as a part thereof and be signed by an authorized representative of each of the parties thereto.

2.13 The Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting the Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.14 The Vendor will comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to the Agreement, and will be solely responsible for obtaining current information on such requirements.

2.15 In the event that any court of competent jurisdiction shall hold any provision of the

Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision thereof.

2.16 All other prior discussions, communications and representations concerning the subject matter of the Agreement are superseded by the terms of the Agreement, and except as specifically provided therein, the Agreement constitutes the entire agreement with respect to the subject matter thereof.

2.17 Any notice or other communication required under the Agreement shall be in writing and sent to the appropriate address and individuals indicated in the Agreement, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties should be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 The Vendor may not use subcontractors to perform the services described in the Agreement without the express prior written consent of the State. The Vendor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of the Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with the Agreement. The Vendor will cause its subcontractors, agents, and employees to comply with applicable federal, state, and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to ensure such compliance.

2.19 The Vendor certifies that neither Vendor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Vendor further agrees that it will immediately notify the State if during the term of this Agreement Vendor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.20 Vendor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Vendor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Vendor without the written consent of the State.

Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

3. SCOPE OF WORK

Scope of Work Applicability: This Scope of Work describes requirements applicable to both proposal options unless otherwise noted. Requirements are identified as applying to Option A (Fully Integrated Online Student Training and LMS), Option B (Training Content Only), or both. Vendors must clearly indicate how their proposal meets the applicable requirements for the option(s) proposed.

SDBOR manages a systemwide enterprise resource planning (ERP) system. All data for the ERP is managed centrally, and the solution is Ellucian (Banner). The expectation will be that this is a system data solution with a single integration (including single API processing, system Sign-On). Proposals should reflect how the Vendor can deliver a solution that supports the system while accommodating individual university needs.

The scope of this project encompasses the acquisition, implementation, and ongoing support of a comprehensive Online Student Training solution. This will be a statewide implementation with one system that can accommodate multiple campuses. The system must have a security feature that allows campuses to see their campus data and no other campus.

The selected vendor will be responsible for providing a solution that meets the following requirements:

3.1. General Requirements:

3.1.1. The Vendor will provide an executive summary outlining the Vendor ’s organization and the services provided.

3.1.2. The Vendor will provide certification of compliance with all applicable Federal, state, and local laws, rules, regulations and statutes.

3.1.3. Describe the capability for integration with Ellucian Banner, Student Information System. Vendor will identify the costs, if any, to implement integration features.

3.1.4. The Vendor will provide a full list of curricula available for students, including, but not limited to, trainings to comply with federal regulations and other modules as outlined in Section 1 of this RFP.

3.1.5. The Vendor must provide a description of the evidence-based practices, research foundations, or learning models used to develop the training curriculum.

3.1.6. Describe assessment methods such as pre- and post-testing or other measures used to determine learning outcomes.

3.1.7. Describe how the Vendor adjusts curriculum in response to new, or changing, federal regulations as outlined in Section 1 of this RFP.

3.1.8. Serve as a centralized system that supports six distinct universities with the ability to differentiate access and security at each university within the system.

3.1.8.1. Vendor must describe role-based administrative permissions, including the ability to delegate management to institutional offices.

3.1.8.2. Vendor must specify whether administrative roles can be customized at each institution to support local policy requirements.

3.1.9. Must be compliant with all federal accessibility requirements, including the ability to deliver all applicable services and products in reasonable compliance with applicable standards.

3.1.9.1. Vendor must provide current documentation of accessibility compliance including WCAG 2.1 AA and a valid VPAT.

3.1.9.2. Vendor must ensure all delivered training materials include captions, transcripts, and alternative text and are available in accessible formats for students with varied needs.

3.1.9.3. For Title IX and sexual misconduct content, Vendor must describe trauma-informed accessibility features such as options for students to skip or mute sensitive material, receive content warnings, and access alternative learning pathways.

3.1.10. The ability to modify, brand and edit delivered training modules to ensure compliance with statutory requirements.

3.1.10.1. Vendor must indicate which components of the curriculum may be modified at the institutional level.

3.1.10.2. Vendor must describe any restrictions or required vendor involvement for content modification.

3.1.11. The ability to upload customized videos and training presentations to provide to students at the level of each individual university within the South Board of Regents’ system.

3.1.12. Content must be available and accessible on smartphones, tablets, and other mobile devices (please identify the brands and models of mobile devices, operating systems, and Internet browsers that are compatible with your solution).

3.1.13. Be accessed using the latest version of the most used browser on any operating system (Microsoft Edge, Mozilla Firefox, Safari, Chrome)

3.1.14. Store, broadcast, and track courses produced in widely varying digital formats, especially digitized video, and courses with multiple digital files in differing formats.

3.1.15. Organize courses into a catalog searchable by subject, keywords, and/or title.

3.1.16. Provide reporting tools to easily track and monitor training progress at the individual student and institutional levels.

3.1.16.1. Vendor must describe reporting capabilities including customizable dashboards, data export options, and the ability to disaggregate data by institution, student status, training type, or other relevant categories.

3.1.16.2. Vendor must identify options for automated notifications to institutional administrators when students are overdue or non-compliant.

3.1.16.3. Vendor should describe the ability to compare SDBOR’s student assessment scores with the national average. (For example, SDBOR students are scoring lower or higher on a Title IX training test versus the average student in the USA.)

3.1.17. Provide information on the ability to utilize automated issuance for specific training to all new students without manual issuance based on student status.

3.1.18. Describe the process to grant access to new students into the system through automated file transfers.

3.1.19. Describe the ability to establish training plans for students.

3.1.20. Vendor must be able to support Single Sign On (SSO) integration with each institution.

3.1.21. Vendor must be willing to comply with all regulatory posting and retention requirements. Such training materials must also be kept for seven years.

3.1.22. Vendor should describe customer service and technical support resources available.

3.1.22.1. Vendor must identify hours of availability, response-time expectations, escalation procedures, and dedicated support personnel assigned to the SDBOR system.

3.1.22.2. Vendor must provide details regarding onboarding, training for institutional administrators, and ongoing support for content updates.

3.1.23. Vendor must be able to provide transcripts of training offerings for investigative purposes.

3.1.23.1. Vendor must describe the format, accessibility, and security of training transcripts and identify any limitations on data retrieval.

3.1.23.2. Vendor must identify the method by which training materials and completion data will be archived for the required seven-year retention period.

3.2. Data Security, Privacy, and Compliance Requirements

3.2.1. The Vendor acknowledges that all rights, including intellectual property rights, to Customer Data belong to the South Dakota Board of Regents (SDBOR).

3.2.2. The Vendor is granted a limited, non-exclusive license to use Customer Data solely for fulfilling obligations under the agreement.

3.2.3. The Vendor must use Customer Data only for fulfilling duties under the Agreement and must not disclose it without prior written consent from SDBOR.

3.2.4. Protected Customer Data must not be stored outside the United States without prior written consent from SDBOR, including backup, disaster recovery, and failover environments.

3.2.5. Access to such data is limited to employees and subcontractors with a legitimate need to know and proper training.

3.2.6. The Vendor must comply with all relevant federal and state laws and standards, including the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), and Payment Card Industry Data Security Standards (PCI-DSS). Compliance should cover data privacy, security, and appropriate data handling practices.

3.2.7. The Vendor must maintain security controls to ensure the integrity, availability, and confidentiality of Customer Data using commercial best practices, including vulnerability management, patching, encryption, and access controls.

3.2.8. If storing or processing Protected Customer Data, the Vendor must comply with NIST SP 800-171 or ISO/IEC 27002 standards, including encryption requirements for data at rest and in transit.

3.2.9. Multi-factor authentication (MFA) must be implemented for any account accessing Customer Data, including administrative, support, or privileged accounts.

3.2.10. The Vendor must ensure that employees with access to Customer Data have passed background checks and are not debarred or sanctioned.

3.2.11. The Vendor must ensure that any Artificial Intelligence (AI) systems used in the delivery of services securely manage and process Personally Identifiable Information (PII) and Customer Intellectual Property (IP).

3.2.12. The Vendor must not store or use Customer Data, including PII or IP, in any AI model or sub-system without explicit written consent from SDBOR. AI systems must not retain, repurpose, or train utilizing Customer Data without prior approval from SDBOR.

3.2.13. The Vendor must regularly monitor AI system performance, accuracy, and bias. Any issues impacting Customer Data or outputs must be promptly communicated to

SDBOR.

3.2.14. In the event of a security breach involving Customer Data, the Vendor must immediately, no later than 72 hours after discovery, notify SDBOR and fully cooperate in the investigation and resolution efforts.

3.2.15. If a breach occurs that involves AI systems and exposes Customer Data (including PII or IP), the Vendor must report it promptly and take corrective actions.

3.2.16. When a breach is caused by the Vendor’s actions or negligence, the Vendor will bear the cost, excluding consideration for limitation of liability, of breach-related remediation, including notifications, credit monitoring, and legal fees. Alternatively, the Vendor may maintain an appropriate level of cyber liability insurance, as negotiated with SDBOR, to cover such costs.

3.2.17. Following a breach, the Vendor must provide a breach investigation report detailing the root cause, corrective actions, and long-term preventive measures implemented.

3.2.18. Upon termination or expiration of the Agreement, the Vendor must securely transfer or destroy all Customer Data as directed by SDBOR and provide documentation of the data destruction, following NIST SP 800-88 or equivalent sanitization standards.

3.2.19. SDBOR reserves the right to conduct security audits to ensure compliance with the Agreement. As an alternative, the Vendor may provide a current, compliant SOC-2 or ISO 27001 report, including a description of any exceptions and remediations plans.

3.2.20. The Vendor must immediately notify SDBOR of any subpoenas, warrants, or legal demands for Customer Data.

3.2.21. The Vendor must consult with SDBOR regarding responses and cooperate fully in responding to any such orders.

3.2.22. Security provisions related to Customer Data must survive the termination of the Agreement until all data has been returned or securely destroyed.

3.3. Board of Regents Related Policies:

BOR Policy 1.1.1 South Dakota’s Unified System of Higher Education BOR Policy 1.1.2 General Authority, Powers and Purpose of the Board BOR Policy 3.3.1 Confidentiality of Student Records BOR Policy 7.4 Security of Information Technology Systems BOR Policy 7.6 Technology Purchases

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The Vendor is cautioned that it is the Vendor's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The Vendor's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Vendor's Contacts: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Vendors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the Vendor’s organization, which are similar to the requirements of this RFP. Also, provide this information for any service/contract that has been terminated, expired, or not renewed in the past three years.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Interested vendors must email their complete document in a Word or PDF format to Molly Weisgram, System Academic Program Manager at molly.weisgram@sdbor.edu per section 1.4 – Submitting your Proposal. The proposal should be page numbered and should have an index and/or table of contents referencing the appropriate page number.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form completed and signed (found at end of this RFP).

5.2.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the Vendor's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the Vendor. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the Vendor's assessment of the work to be performed, the Vendor’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the Vendor's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.3.4 A description of corporate structure and credentials.

• Number of years of experience

• Staffing levels and support proposed

• Examples of similar previous work.

5.2.3.5 An explanation of operations and ability to perform.

• Provide operation plan. This should include, but not be limited to, acknowledgement and agreement with all requirements as well as explanations, where applicable, of the intended plan to achieve the requirements.

• Describe how services will be provided to SDBOR as a system and per university.

5.2.4 Cost Proposal. The cost proposal must be all inclusive to encompass any travel, lodging, and other expenses associated with this service. The cost proposal may go into more detail in terms of price breakdowns, options, etc. Should there be any optional services included in the proposal, the optional services and the cost for these services should be clearly identified. Vendors may submit multiple cost proposals depending on various approaches offered to meet requirements. All costs related to the provision of the required services must be included in each cost proposal offered.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 The Vendor is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.2 The qualifications of the personnel proposed by the Vendor to perform the requirements of this RFP, whether from the Vendor's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the Vendor should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.3 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.4 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.4.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the vendor. The agency may then negotiate with the next highest ranked vendor.

6.4.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting process.

6.5 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.5.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.5.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

6.5.3 Record of past performance, including price and efficiency of turnaround time.

6.5.4 Availability to the project locale;

6.5.5 Familiarity with the project locale;

6.5.6 Ability to automate training assignments based on new or continuing student status, staff hire dates, and issue training on a schedule.

6.5.7 Ability to customize training materials and curriculum based on SD Board of Regents policies and procedures and South Dakota statutes, rules, and regulations.

6.5.8 Proposed project management techniques; and

6.5.9 Ability and proven history in handling a single system for multiple organizations/institutions.

6.5.10 Experience and reliability of the Vendor's organization are considered subjectively in the evaluation process.

7.0 COST PROPOSAL

Vendors must submit pricing based on the proposal option(s) selected. Pricing must be clearly separated and labeled for Option A and/or Option B. Pricing that is not clearly associated with a proposal option may be deemed non-responsive.

All cost proposals should reflect system pricing for the Regental system. The proposal should reflect one integration, one single sign-on, one API and one central integration, when appropriate. The pricing proposal should reflect a multi-year proposal with appropriate pricing due to the longevity of the request.

At a minimum, the following items should be included in the contents of the Cost Proposal:

Fees for initial purchase of software/items/service (including all preparation, installation, rollout, training and first year maintenance and support, when appropriate) Annual Maintenance Costs after initial purchase.

To assist in pricing, SDBOR has a Factbook that will provide all details on student headcount and student FTE. Other pertinent websites are included below:

Websites Black Hills State University Dakota State University Northern State University South Dakota Mines South Dakota State University University of South Dakota South Dakota Board of Regents

SOUTH DAKOTA BOARD OF REGENTS

EXECUTIVE DIRECTORS OFFICE

306 EAST CAPITOL AVENUE, SUITE 200

PIERRE, SD 57501-2545

ONLINE STUDENT TRAINING

PROPOSALS ARE DUE NO LATER THAN 5:00 PM CDT, APRIL 28, 2026

RFP #: SDBOR04132026 BUYER: Molly Weisgram PHONE: (605) 773-3455

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