UWMIL RFP T19-002_FINAL.pdf

University of Wisconsin-Milwaukee 36.11(1)(b) , Wis. Statutes

REQUEST FOR PROPOSAL: T19-002 THIS IS NOT AN ORDER

International Student Recruitment and International Student Success Infrastructure

RFP Manager: Tom Scrivener

Email: uwmbids@uwm.edu

See section 3.2 for rules regarding communications during an RFP.

Release date: July 25th, 2018

Deadline for Questions: 12:00PM CDT on August 6th, 2018

Due Date: 12:00PM CDT on August 20th, 2018

Amendment Number (if applicable):

Public opening

No public opening

Available submission methods:

Physical Receipt by Purchasing Office (See Section 3.4 for instructions)

Email (See Section 3.4 for instructions)

RFP Responsiveness: To be considered responsive, the Proposer must submit the following. Please check off the following:

MANDATORY: Compliance with RFP form (Exhibit A) (Include under Tab A of response)

MANDATORY: Request for RFP Cover Sheet (this page), signed by an authorized signatory. (Include under Tab A of response.)

OPTIONAL: Any exceptions to RFP terms and Conditions. See section 6.0. (Include as Tab A of response).

MANDATORY: RFP Response, including separate sealed cost proposal (Include under a “Tab B” or label as “Tab B” in your response).

MANDATORY: Vendor Reference Form (Exhibit D) (Include as Tab B of response).

MANDATORY: Vendor Information Form - (Exhibit C) (Include as Tab C of response).

OPTIONAL: Confidentiality Form, if desired (Exhibit B) (Include as Tab C of response).

MANDATORY: Cost Proposal - (Exhibit E) (Include in a separate sealed envelope or a separate email attachment).

By signing below, Proposer express agrees to all the statements set forth in the Certification of Compliance.

Name of Authorized Company Representative (Type or Print)

Title:

Phone ( )

Email:

Signature of Above

Date

DUNS #:

Federal Employer Identification No.

Social Security # if Sole Proprietor

(Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

mailto:uwmbids@uwm.edu

36.11(1)(b), Wis. Statutes

RFP: T19-002

1.0 GENERAL INFORMATION

1.1 Introduction and background

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for International Student Recruitment and International Student Success

Infrastructure with the goal of increasing international undergraduate student recruitment, enrollment, retention, and graduation.

The University of Wisconsin–Milwaukee (also known as UW–Milwaukee or UWM) is a public urban research university located in Milwaukee, Wisconsin. It is the largest university in the Milwaukee metropolitan area and a member of the University of Wisconsin System. It is also one of the two doctoral degree-granting public universities and the second largest university in Wisconsin. As of the 2015-2016 school year, the University of Wisconsin–Milwaukee had an enrollment of 27,156, with 1,604 faculty members. The University consists of 14 schools and colleges, offering 191 degree programs, including 94 bachelor's, 64 master's and 33 doctorate degrees. The university is categorized as an R1: Doctoral

Universities – Highest Research Activity in the Carnegie Classification of Institutions of Higher Education.

More information is available at www.uwm.edu

UWM desires to increase its international undergraduate enrollments and boost retention and graduation rates. UWM’s international undergraduate population for the past five years has been: 2013 - 662; 2014 –

823; 2015 – 873; 2016 – 787; 2017 – 759. UWM’s enrollment goals are to increase international undergraduate enrollment to comprise approx. 6-8% of the total undergraduate population.

The selected Contractor will work closely with UWM’s Center for International Education (CIE) and

UWM academic units to provide International Student Recruitment services and support the development of an ‘International Student Success Infrastructure (ISSI)’. The ISSI differs from conventional ‘Pathways

Programs’ in that students are admitted directly as degree-seeking into UWM’s undergraduate programs and supported for the entirety of their undergraduate experience. Furthermore, unlike conventional

Pathway Programs, the ISSI shall serve all UWM international undergraduates, rather than a subset. It is expected that UWM will hire the frontline staff and the Contractor will act as the ‘silent partner’, collaborating with the University on the creation and delivery of curricula and student support services through CIE and existing UWM academic units.

Services under this contract are expected to include the following: market research and analysis for program viability, marketing/lead generation/recruitment of prospective students, customer/constituent relationship management, student application and admissions services, ISSI development, collaboration on curricula and instructional design, staff support, and program evaluation.

Market Research: Provide robust, technically sound analysis of prospective student markets for proposed ISSI.

Marketing & Lead Generation: Provide strong global presence (in-country representatives and agents) to create and deliver messaging and branding aligned with the strategic marketing plan of the University and UWM-specific attributes to generate quality leads.

Recruitment & Enrollment Services: Document contacts with students through a Customer

Relationship Management system (information must be made available to UWM, either through

Proposers use of UWM’s existing CRM or via regular downloads of information to UWM), verify undergraduate student prospects, and counsel students through application, admission, and enrollment.

ISSI Development: Develop and deliver in-country and online pre-departure orientation and language assessment. Provide guidance, best practices, and assistance with program design and structure for student support. Provide engagement and retention processes and operational procedures to ensure student success.

Institutional Partnership: Participate in a partnership with UWM to determine services to be provided, as requested; e.g. input on enrollment goals and KPIs, and development of metrics to assess ISSI success.

http://www.uwm.edu/

RFP: T19-002

More information about UWM’s international application processes can be found at https://uwm.edu/cie/international-admissions/

1.1.1 Visualization of Proposed Structure

1.2 Organization of the RFP

This RFP is divided into seven sections plus multiple Exhibits and Addendums.

Section 1 – General Information

Section 2 – Requirements

Section 3 – General Information on Submitting a Response

Section 4 - Proposal Organization and Format

Section 5 - Proposal Selection and Award Process

Section 6 - UWM Contract Terms and Conditions (Detailed in Addendum A)

Section 7 - RFP Terms and Conditions (Process for the RFP)

Exhibit A – Certificate of Compliance

Exhibit B – Vendor Information Form, DOA-3077

Exhibit C - Designation of Confidential and Proprietary Information, DOA-3027

Exhibit D – Vendor References, DOA-3478

Exhibit E – Cost Proposal Form

Addendum A - UWM’s Contract Terms and Conditions

Addendum B - UWM’s Terms and Conditions for the RFP Process https://uwm.edu/cie/international-admissions/

1.3 Definitions.

The following definitions are used through the RFP:

BAFO – means Best and Final Offer.

CIE – means The Center for International Education at the University of Wisconsin-Milwaukee.

Committee – means the Evaluation Committee which evaluates the Proposals.

Contractor – means the Proposer awarded the contract subject of this RFP.

ISSI – UWM’s intended support model for undergraduate international students

MBE – means Minority Business Enterprises.

Proposer – means firm(s) submitting a Proposal in response to this RFP.

Proposal – means the response to this RFP submitted by Proposer.

RFP – means Request for Proposal.

State – means the State of Wisconsin.

UWM – means the University of Wisconsin–Milwaukee on behalf of the Board of Regents of the University of Wisconsin System for the State of Wisconsin.

1.4 Contract Term

The contract will include the scope of work as generally outlined but not limited to that described in

Section 2 of this RFP document and is expected to be an initial period of no more than ten (10) years including optional renewals (with the Terms to be negotiated with the highest scoring Proposer). The

University expects that mutually agreed Program Targets will be established, and that Program Shortfalls may trigger early Termination.

1.6 Travel Expenses

UWM anticipates that face-to-face meetings with University personnel may be necessary to effectively carry out the services subject to this bid. Said meetings will usually be held in Milwaukee, Wisconsin.

UWM prefers to receive proposals with the cost component inclusive of all expected travel expenses (i.e.

Payment to the Contractor by the University shall not include an additional amount for this purpose.)

If Contractor choses to propose Travel expenses (including food, lodging, mileage, incidentals, etc.) as a separate line item in their proposal, those expenses shall be pursuant to UWM’s travel reimbursement limits. That travel policy, limits and information can be found at: https://uw.foxworldtravel.com/1201-travel-expense-purchase-payment-of-business-air-travel/ https://uw.foxworldtravel.com/1201-travel-expense-purchase-payment-of-business-air-travel/ https://uw.foxworldtravel.com/1201-travel-expense-purchase-payment-of-business-air-travel/

2.0 REQUIREMENTS

Proposer must provide a complete and detailed narrative response to all requirements that can be fulfilled.

Failure to respond to all items in this section may be deemed as sufficient reason to reject a proposal. UWM reserves the right to request supplementary information deemed pertinent to assure Proposers competence, business organization, and financial resources are adequate to successfully perform.

2.1 Mandatory requirements

Provide documentation that clearly describes how the Contractor meets the mandatory requirements listed below:

2.1.1 Prior Experience. A minimum of five (5) years demonstrated success in international student recruitment, with experience with public institutions of a comparable size and scope to UWM preferred.

2.1.2 Conflict of Interest Disclosure. No professional conflict with UWM interests. Respondents to this

RFP must disclose any government agencies or educational institutions in the State of Wisconsin with which they, their principals, or the individuals listed in 2.2.1 are currently doing business or with which they have done business of this same nature over the past three years.

2.1.3 An Experienced Agent Network. Proposer should describe their network of international student recruitment agents and highlight the differentiators of the Proposers network in the marketplace, including but not limited to, details regarding locations and numbers of in-country representation, level of training of in-country representatives, programs offered by the Proposers to their agent network to ensure they understand UWM’s unique strengths and differentiators in the marketplace.

2.1.4 A Demonstrated Understanding of UWM. Proposer should describe their understanding of UWM’s strengths and differentiators in the marketplace, including any challenges specific to UWM and proposed strategies to overcome those challenges

2.1.5 Enrollment Projections. Include Admissions Projections and a narrative response to describe

Proposers approach to projecting enrollment, approach to formulating financial projections, and approach to providing financial models and financial details to the University.

2.1.6 Proposer must provide a separate sealed cost proposal as outlined in Exhibit E

2.1.5.1 Revenue and Cost-Sharing Model

2.1.5.2 Describe the approach to developing a revenue and cost-sharing model, including the differentiators in the marketplace

2.1.5.3 Any other royalties/commissions structure

2.2 Qualifications

2.2.1 Leadership Group

Provide a resume for the individual(s) who will be assigned to lead or oversee the provision of services described in this RFP and designate who will have primary responsibility for such services.

2.2.2 References

Proposers must include at least three references (clients/buyers/organizations) with whom the proposer has performed services like that addressed in the Scope of Work (section 2.3) within the last five years.

Submit references on the Vendor Reference form – Exhibit D. The results of reference checks will be provided to the evaluation committee and used in scoring the proposal.

2.3.1 Scope of Work Requirements

Provide complete documentation describing Proposers’ ability to perform the work outlined in the following Scope of Work:

• Marketing and Lead Generation:

• Range of marketing services provided to generate quality leads.

• Approach to jointly developing messaging and branding consistent with the strategic marketing plan of UWM

• Approach to developing multi-lingual materials in print and digital formats, developed, printed, and distributed by the Contractor

• Experience with digital marketing management, including web design, customized landing pages

• Experience with social media engagement and advertising

• Experience in identifying and developing unique leads for undergraduate admissions and working with cross leads in a complementary manner with CIE.

• Commitment to not cross-sell leads to other university partners without consent from the UWM.

• Recruitment and Admissions Services

• Approach to documenting prospective student contacts and maintaining accuracy and security of data.

• Approach to ensuring prospective students are placed appropriately, including counseling about the requirements of their chosen institution, admissions requirements, tuition and fees, student support services, etc.

• Detailed overview of the admissions process, including any differentiators highlighting undergraduate admissions

• Approach to in-country pre-departure support to enrolled applicants e.g. visa preparation and application, other concierge-level services

• Enrolled Student Support and the Creation of UWM’s ISSI

• Approach to student support on arrival in the USA, e.g. concierge-level services

• Approach to student engagement and retention and operational procedures used to ensure student success.

• Approach to ensuring student integration with the campus, local, and wider communities

• Experience and approach to tutoring and advising, including course selection

• Approach to providing support for overall ISSI design and curriculum

• Approach to providing guidance on program delivery structure

Capability to adapt and support different models based on determined Program needs and solutions

• International Student Retention

• Approach to an Active Partnership, including collaboration with UWM on strategies to meet

Program Targets for retention

• Approach to measuring Contractor and ISSI successes, including Metrics and KPIs

• Note - the ISSI serves all UWM international undergraduates

• Institutional Partnership:

• Approach to providing robust, technically sound analysis of prospective student markets for UWM

• Approach to providing competitive market analysis.

• Approach to assessing deficiencies of the University and recommending services to be included in the final contract.

• Approach to advising on changes or improvements in programming or services needed to increase undergraduate international student enrollment.

• Approach to aligning the Proposers’ services to the unique mission of UWM, including a clearly articulated vision for promoting UWM’s access, research, and inclusivity values. More information can be found here - http://uwm.edu/mission/

• Approach to helping the University plan for its own expenses within CIE and the ISSI.

http://uwm.edu/mission/

RFP: T19-002

• Approach to ensuring the University is not competing (in student recruitment) with other Higher

Education partners of the Contractor (a current client list should be provided).

• Approach to visibility of the Contractor to the enrolled student – UWM desires a ‘silent partner’ in the delivery of the ISSI

• Information Technology Platform

• Details of the Contractor’s application system(s) and process.

• Capacity and processes to share student information collected by the Contractor with UWM’s technologies, including the International Admissions Platform (Terra Dotta), Student Information

System (PeopleSoft), Customer Relationship Management system (Hobsons) and the Learning

Management System (Canvas).

• Regulation and Compliance:

• Approach to protecting the security of students’ educational records and data, complying with state and federal laws (e.g. FERPA), and University policies.

• Approach to adherence with other regulations such as GDPR, GLBA, protecting personally identifiable information, etc.

2.3.2 Prior Project Performance:

• Experience with higher education clients similar in profile to UWM

• Descriptions and data documenting the successful performance of the Proposer on prior projects with a similar scope of work to that defined above for other educational institutions (preferably public institutions).

o Application data and enrollment rates for comparable size and scope institutions supported by the

Contractor at partner institutions.

RFP: T19-002

3.0 PREPARING AND SUBMITTING A RESPONSE

3.1 Calendar of Events

Listed below are specific dates and times of actions related to this RFP. In the event that the RFP Manager finds it necessary to change any of the specific dates and times, the RFP Manager will do so by issuing addendum to this RFP. It is the Proposer’s responsibility to check VendorNet regularly for any RFP amendments. There may or may not be formal notification issued for changes to target dates and times.

Event Due Date

RFP issue date July 25th, 2018

Last day for submitting written questions 12:00PM CDT - August 6th, Proposals due 12:00PM CDT - August 20th, Evaluation Period (estimated) Approx. September 2018

BAFO – DEMOs Period (if required) Approx. October 2018

Anticipated Contract Start Date January 1st, 2019

3.2 Communication/Questions

The only permissible communication regarding this RFP is in writing. No phone questions or inquiries will be acknowledged to ensure fairness to all Proposers in receiving information related to this RFP.

Any contact with UWM employees regarding this RFP (except with or authorized by the RFP Manager) is strictly prohibited between the time that the RFP is released and contract award. Any Proposer who fails to adhere to this provision may be disqualified and their Proposal may be rejected.

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP. If a

Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify the below named individual of such error and request modification or clarification the RFP.

If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the

Proposer, or which must have reasonably been known to the Proposer, then any Proposal submitted shall be at the risk and if awarded a contract, the Proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

Questions concerning this RFP shall be submitted in writing to the RFP Manager listed below:

Tom Scrivener Email: uwmbids@uwm.edu

The subject line of the email must be labeled “RFP T19-002 question”. Questions shall be submitted on or before Noon (12:00pm) Central Time on August 6th, 2018

UWM shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Any Proposer in need of reasonable accommodations should contact the RFP Manager at uwmbids@uwm.edu.

3.3 Addendum

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be issued and posted to VendorNet. It is the

Proposer’s responsibility to ensure they are responding to the most up-to-date version of the proposal.

3.4 Submission of the Proposal

3.4.1 Delivery to Purchasing Office

If Proposer is submitting a Proposal by delivery to the Purchasing Office, Proposer shall submit one (1) original Proposal with a wet signature and (4) copies in a packaged, sealed envelope plainly marked on the outside with the following information: Proposer’s name, Proposer’s address, and “RFP T19-002”. Any

Proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Cost Proposal must be included in a separate sealed enveloped labeled COST PROPOSAL FROM

(name of firm) T19-002.

RFP: T19-002

The address of the Purchasing Office is as set forth below:

UWM Purchasing Office

Engelmann Hall Room 220

2033 E. Hartford Ave

Milwaukee, WI 53211

Proposals shall be deemed accepted when physically received in the UWM Purchasing Office as evidenced by a time stamp by the UWM Purchasing Office. Receipt of a Proposal by the mail system or by another office shall not constitute receipt of a Proposal by the Purchasing Office and such Proposal shall be rejected.

Late Proposals shall be rejected.

Proposals must be received by Noon (12:00pm) Central Time on August 20th, 2018.

Proposals MUST be date and time stamped by the soliciting Purchasing Office on or before the date and time that the Proposal is due. Proposals date- and time-stamped in another office will be rejected. Receipt of a

Proposal by the mail system does not constitute receipt of a Proposal by the Purchasing Office.

3.4.2 Delivered via Email

If a Proposer is submitting a Proposal via email to Purchasing Office, Proposer must submit to uwmbids@uwm.edu.

The subject line of Proposer’s submission must contain the following: “RFP T19-002 response” followed by “proposer’s company name.” Any attachments to electronic submissions must be in Microsoft Word, Microsoft Excel, Microsoft Power point, Adobe PDF, or ZIP file formats and under 10MB in size. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids.

Cost Proposal must be included as a separate attachment (Microsoft Word, Microsoft Excel, Microsoft

Power point, Adobe PDF, or ZIP file format), to be labeled “CostProposal _(name of firm)_T19-002”

Submitting a Proposal to any other e-mail address than uwmbids@uwm.edu does not constitute receipt of a valid Proposal by UWM. Proof of transmission does not constitute proof of receipt.

Proposals must be received by Noon (12:00pm) Central Time on August 20th, 2018.

RFP: T19-002

4.0 PROPOSAL ORGANISATION AND FORMAT

Proposals must be organized and presented in the order set forth below:

Tab A – Certificate of Compliance

Complete and sign the Certificate of Compliance (Exhibit A to this RFP). Check the appropriate corresponding box to each of the questions posed.

Signed RFP Cover Sheet (the first page of this RFP packet)

(Optional) Any exceptions to contract terms and conditions - see section 6.0

Tab B – Response to RFP

Mandatory requirements

Capabilities (narrative response to 2.3)

Qualifications

Exhibits B, C and D

Separate Sealed Envelope or Email Attachment

Cost Proposal (Exhibit E)

5.0 PROPOSAL SELECTION AND AWARD PROCESS

The evaluation and selection of a Proposer and the contract will be based on the information submitted in Proposer’s

Proposal, including references, and any required on-site visits or verbal interviews. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

5.1 Evaluation

Failure to meet the Mandatory Requirements will result in rejection of the Proposal. In the event that all

Proposers do not meet one or more of the Mandatory Requirements, UWM reserves the right to continue the evaluation of the Proposals and to select the Proposal which most closely meets the requirements specified in this RFP.

5.2 Proposal Scoring

Accepted Proposals will be reviewed by an Evaluation Committee (“Committee”), consisting of members who have been selected because of their professional expertise and knowledge of the service(s) that are the subject of this RFP. Proposers may not contact members of the Committee except at the RFP Manager’s specific direction.

The Committee will score all accepted Proposals against the criteria stated herein. Proposals from Certified

Minority Business Enterprises (“MBE”) may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses (Wis. Stats. 16.75(3m). The Committee's scoring will be tabulated and Proposals ranked based on the numerical scores received.

5.3 Cost Proposal Scoring

The Purchasing Agent will score the cost proposals by prorating the lowest cost proposal given the highest score. All other Proposers will receive points based on a calculation that computes the relative difference of

Each Proposal against the lowest cost.

5.4 Evaluation Criteria

The Proposals will be scored using the following criteria:

DESCRIPTION PERCENT POSSIBLE POINTS

Capabilities and Approach to 40% 400

Meeting Specification Requirements

Qualifications 15% 150

References 10% 100

Cost Proposal 35% 350

Total: 100% 1000

Total points of proposers may be weighted by 105% to allow for a 5% preference to a certified minority business enterprise under s. 16.75(3m), Wis. Stats.

5.5 Verbal Presentation/Interview of Top Scoring Proposers

Top scoring Proposers based on an evaluation of the written Proposal may be required to participate in an oral presentation/interview to support and clarify their Proposals, if requested by UWM. UWM will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the Proposer.

Failure of a Proposer to participate on the date scheduled may result in rejection of the Proposer's Proposal.

UWM reserves the right to make the determination as to the highest-ranked Proposal based on quality points alone (excluding points associated with the Cost Proposal).

Failure to of a proposer to conduct a presentation on the date scheduled or allow an on-site/proposer site visit may result in rejection of the Proposal. These events cannot be used as an opportunity to alter Proposals submitted.

5.6 Award and Final Offers

UWM will compile the final scores for each Proposal. The Award will be granted in one of two ways. The

Award may be granted to the highest scoring responsive and responsible Proposer. Alternatively, UWM reserves the right to request one or more respondents to a Best and Final Offer (“BAFO”) process. BAFOs may be used when no single response addresses all the specifications, when the costs submitted by all proposers are too high, when two or more proposers are virtually tied after the evaluation process, or when all

RFP: T19-002

proposers submitted responses that are unclear or deficient in one or more areas. If a BAFO is utilized, Proposers may be required to submit revisions to the RFP response. UWM will send out a BAFO request to invited respondents that will set forth the areas of the Proposal to be covered, and the date and time by which the BAFO must be returned. All respondents will be treated equally and no information will be transmitted from one respondent about the other respondent’s offer during the process. UWM reserves the right to apply additional criteria not listed in the original RFP to the BAFO process, but any additional criteria will be disclosed to Proposers in the BAFO request. Proposers should not expect that a BAFO will be requested.

5.7 Award Statement

The contract will be awarded to the highest scoring Proposer providing contract negotiations are successful.

5.8 Notification of Intent to Award

All Proposers who respond to this RFP will be notified in writing of UWM’s intent to award the Contract as a result of this RFP.

It is anticipated that the resultant proposed contract will require approval by the Board of Regents of the

University of Wisconsin System at a regularly scheduled meeting of the Board’s Business and Finance

Committee.

After the Award is made, Board of Regents approval is granted, and the Final Contract is signed by UWM and awarded Proposer, under the supervision of University staff, copies of Proposals will be available for public inspection, in whole, with the exception of any and all materials deemed to be confidential and proprietary information on the attached Form DOA-3027.

5.9 Appeals Process

The appeals process applies only to those solicitations for contractual services that result in a Contract greater than $50,000. Notices of Intent to Protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify the Wisconsin State Statutes, Wisconsin Administrative

Code provisions, and/or University of Wisconsin System Policies that are alleged to have been violated.

The written Notice of Intent to Protest the Award of a Contract must be filed with:

Office of the Vice Chancellor, Finance and Administrative Affairs

Chapman Hall

2310 E. Hartford Avenue

Milwaukee, WI 53211 and received in his/her office no later than five (5) business days after the Notice of Intent to Award is issued.

The actual written protest must be received in his/her office no later than ten (10) business days after the

Notice of Intent to Award is issued.

The decision of the University of Wisconsin - Milwaukee may be appealed to the Board of Regents of the

University of Wisconsin System within five (5) business days of issuance, with a copy of such appeal filed with the University of Wisconsin – Milwaukee Office of the Vice Chancellor for Finance and Administrative

Affairs. The appeal must allege a violation of a Wisconsin State Statute, a Provision of the Wisconsin

Administrative Code, or of the University of Wisconsin System Procurement Policies.

6.0 UWM CONTRACT TERMS AND CONDITIONS

The Successful Proposer agrees to enter into a contract prepared by UWM, the material terms of which are those set forth in Addendum A. Any exception to UWM’s Contract Terms and Conditions, or any contract terms or conditions proposed by the Proposer must be provided in Tab A of the Proposal response. Specific objections or additions must be listed. It is insufficient for the Proposer to cite to a document or incorporate a document by reference.

Under no circumstances will UWM sign Proposer’s contract or document.

Any contract term or condition not set forth in the Proposer’s Response will not be negotiated or accepted.

Even if an exception is set forth in Proposer’s Response, acceptance of the exception will be at the sole discretion of UWM.

7.0 RFP TERMS AND CONDITIONS (Process for the RFP)

The terms and conditions applying to this RFP are set forth in Addendum B attached to this RFP.

Exhibit A

Certification of Compliance

Yes No

The undersigned has legal authority to bind the Proposer to this RFP.

The undersigned certifies that the information provided in this Proposal is true and it is understood that any false, misleading or missing information may disqualify the Proposal.

The undersigned claims minority bidder preference (Wis. Stats. s. 16.75(3m)). Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Proposer must be certified by the

Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the

Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702 (608) 267-

9550.

The undersigned bidder/proposer is a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

The undersigned certifies that in connection with this procurement, the prices have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; that unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other proposer or to any competitor; and no attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition; that each person signing this Proposal certifies that: S/he is the person in the proposer's organization responsible within that organization for the decision as to the prices being offered herein and that S/he has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) S/he is not the person in the proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above.

By submitting a Proposal, the proposer certifies that no relationship exists between the proposer and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such proposer and another person or firm that constitutes a Conflict of Interest. Further, proposer certifies that no employee of the

University whose duties relate to this request for Proposal assisted the proposer in preparing the Proposal in any way other than in his or her official capacity and scope of employment.

The Proposer certifies by submission of the Proposal that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

Company Name ___________________________________________

Authorized Representative ___________________________________________

Signature

Type or Print

Date ___________________________________________

Exhibit B

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal T19-002 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/Proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/Proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis.

Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section Page # Topic

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE

UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND

THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR

DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

Failure to include this form in the bid/Proposal response may mean that all information provided as part of the bid/Proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/Proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

This document can be made available in accessible formats to qualified individuals with disabilities.

Exhibit C

UNIVERSITY OF WISCONSIN-

MILWAUKEE

Bid / Proposal #

T19-002

DOA-3477 (R05/98)

Commodity / Service

VENDOR INFORMATION FORM

Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Proposal

Name:

Telephone: Email

Contract Renewals / Problems

Invoice Information

Affirmative Action (see Addendum A, UWM’s Contract Terms and Conditions)

Supplier Diversity Reporting (see Addendum A, UWM’s Contract Terms and Conditions)

Address:

City/State/Zip:

This document can be made available in accessible formats to qualified individuals with disabilities.

Address:

City/State/Zip:

Exhibit D

UNIVERSITY OF WISCONSIN-MILWAUKEE RFP # T19-002

DOA-3478 (R12/96)

VENDOR REFERENCES

Fill out the information below for all organizations and/or clients with whom the Proposer has done business with over the last five

(5) years who demonstrate similar business needs to those specified in this RFP.

Contact Person:

Email

Phone Number

Provide brief description of the project, assignment, or service(s) involved in the business relationship:

Provide brief description of the project, assignment, or service(s) involved in the business relationship:

Provide brief description of the project, assignment, or service(s) involved in the business relationship:

Provide brief description of the project, assignment, or service(s) involved in the business relationship:

Exhibit D

RFP # T19-002

COST PROPOSAL: Must be submitted in a separate sealed envelope within the written proposal package, or, if submitting electronically, sent as a separate email attachment to be titled “CostProposal_(name of firm)_T19-002”.

Other Services: UWM reserves the right to have Contractor provide additional services at the same rate, terms and conditions across the Contractor’s product/service line.

ADDENDUM A: UWM’s Contract Terms and Conditions

Term. The contract shall be effective on the date indicated on the purchase order or the contract execution date, whichever comes first, and shall run for three years from the date, thereafter with the option to renew annually by mutual written consent of both parties for three additional one-year terms.

a. Placement of Orders. Any orders placed by a UWM employee acting within the scope of their authority shall be subject to the pricing and terms and conditions herein, notwithstanding method of payment or referencing of contract numbers. .

b. Invoicing/Payment. UWM will make payment within 30 days of a properly submitted invoice. A properly submitted invoice must include:

-Contractor’s name, remit to address, and purchase order number corresponding to current contract term

c. A good faith dispute creates an exception to prompt payment.

Unless otherwise agreed, UWM will not pay invoices submitted more than 90 days after actual work. In the case of grant funding, no payments shall be made after grant close out. Final invoices must be marked as such.

UWM reserves the right to determine in its sole discretion whether services have been adequately and fully delivered; to withhold payment until services are fully and adequately delivered; or to disallow a pro rata share of payments for services not fully and adequately delivered.

d. Pricing Firm. Prices quoted must be firm for term of the contract as agreed in Phase One. Price increase requests proposed after the initial contract term must be received by Purchasing, Tom Scrivener (scrivene@uwm.edu) in writing for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted ninety (90) days prior to contract renewal. If Purchasing deems cost increases are not acceptable, UWM reserves the right to rebid the contract or to negotiate price increase requests with the Contractor. Acceptance of the price increases shall be in the form of an amendment to the contract publication.

e. Entire Agreement. The following documents shall constitute the entire agreement between UWM and Contractor with respect to the subject matter set forth herein: (1) this Contract, including documents incorporated by reference; (2) any

UWM-issued purchase order; (3) RFP T19-002; (4) Supplier’s response to RFP T19-002. This Contract supersedes all prior Proposals, understandings and all other documents, oral and/or written, between the parties. In the event of any conflicts or disputes among the documents constituting the Contract, the order of priority to resolve those conflicts shall be the order the documents are listed above. No amendment or modification of any provision of this Contract shall be effective unless the same shall be in writing and signed by both Parties. UWM shall not be bound by any terms and conditions included in Supplier’s packaging, service catalog, brochure, technical data sheet or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained herein.

f. Contract Administration. The contract administrator is the RFP Manager. Any correspondence must include reference the RFP number and be sent to the Contract Administrator. The Contract Administrator is authorized to give the approvals required under this contract on behalf of the University. The day-to-day operations are to be handled by a

UWM employee to-be-determined.

g. Insurance. The minimum insurance limits found here: https://www4.uwm.edu/usa/risk/standard.cfm apply to vendors doing business with the State of Wisconsin.

h. Assignment of Personnel. UWM reserves the right to interview and approve any personnel assigned under this

Contract. Should UWM in its sole discretion become unsatisfied with assigned personnel, UWM may request a replacement and Supplier shall replace assigned personnel. UWM retains the right to interview and approve any subsequent personnel to provide services under this Contract.

i. Hold Harmless. Contractor shall protect, defend, indemnify and hold UWM, its officers, employees, agents, contractors and invitees harmless against any suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, its officers, directors, agents or employees or contractors, in prosecuting work under this agreement.

j. Independent Contractor. The parties hereto agree that the Contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of UWM or the State. Contractor agrees to take such steps as may be necessary to ensure that each subcontractor mailto:Tom https://www4.uwm.edu/usa/risk/standard.cfm of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

k. Subcontracting. Neither party shall assign or subcontract any of its rights, duties, or obligations under the Contract without the express written consent of the non-assigning party.

l. Termination. Termination may occur:

i. By UWM, for its convenience by providing thirty (30) days written notice.

ii. By UWM or Contractor, if the opposite party fails to perform under the terms of this Contract. In such event, the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 10 calendar days. Should the defaulting party fail to remedy the same within said period, the aggrieved party shall then have the right to terminate this Contract immediately.

iii. If at any time the Contractor performance threatens the health and/or safety of UWM, its staff, students or others who may be on campus, or fails to have current certificates of insurance, permits or licenses, UWM has the right to cancel and terminate the Contract without notice and without further liability.

iv. UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

v. In the event of a termination UWM’s liability will be limited to the pro rata cost of the services performed and accepted as of the date of termination plus expenses incurred with the prior written approval of the agency. The Contractor shall refund to UWM within 5 business days all payments made hereunder by UWM for work not completed or not accepted by UWM.

m. Waiver. The failure of either party to enforce at any time any of the provisions hereof or exercise any right or option hereunder shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions or exercise such right or option. Any consent by any party to, or waiver of, a breach by the other, shall not constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.

n. Choice of Law. The laws of the State of Wisconsin shall govern, including its conflict of laws principles. Any claims arising shall be brought in the Milwaukee County Circuit Court or federal court sitting in the eastern district the State of

Wisconsin and each party submits to the personal jurisdiction of such courts. In the event of a breach of the Contract, the non-breaching party shall be entitled to assert all of its rights and remedies in law or equity, including, but not limited to, injunctive relief.

o. Severability. If any term, condition, or provision in the resulting Contract is found to be invalid, unlawful or unenforceable to any extent, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, the parties shall use their best efforts to agree to such amendments that shall preserve, as far as possible, the intentions expressed in the Contract.

p. Compliance with Law. The Contractor 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. UWM reserves the right to cancel this contract if the Contractor fails to follow the requirements of s.77.66, Wis. Stat, and related statutes regarding certification for collection of sales and use tax. UWM also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

q. Antitrust Assignment. The Contractor and UWM recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by UWM. Therefore, the Contractor hereby assigns to UWM any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

r. Assignment. No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of UWM.

s. Nondiscrimination/Affirmative Action. In connection with the performance of work under this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.

Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the

Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

Failure to comply with the conditions of this clause may result in the contractor's becoming declared an

"ineligible" contractor, termination of the contract, or withholding of payment.

t. Vendor Tax Delinquency. Contractors who have a delinquent Wisconsin tax liability may have their payments offset by UWM or the State of Wisconsin.

u. Promotional Advertising/News Releases. Reference to or use UWM, the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin.