KENTUCKY STATE UNIVERSITY
PURCHASING DEPARTMENT
REQUEST FOR PROPOSAL
(This is not an order)
FIRM NAME: __________________________________ RFP NO: RFP-09-01
RFP DUE: JULY 21, 2008
ADDRESS: __________________________________ 4:30 P.M., EASTERN
__________________________________
COMMODITY/SERVICE:
PHONE: __________________________________ INCOMING/OUTBOUND CALL CENTER FOR STUDENT FINANCIAL SERVICES
DATE: __________________________________ DATE ISSUED: JUNE 20, 2008
NOTE: BIDDERS FILL IN ABOVE
INSTRUCTIONS
1. Proposals must be received in the Purchasing Department, Kentucky State University, 400 East Main Street, Frankfort, KY 40601 in a sealed envelope not later than the date and time stated above.
2. Proposal envelope shall be addressed as indicated below. The Purchasing Department will accept no responsibility for the premature opening of or the failure to open a proposal not properly addressed or identified.
ADDRESS ENVELOPE AS FOLLOWS: Name and Address of Offeror
Kentucky State University
Purchasing Department
400 East Main Street
Frankfort, KY 40601
RFP No.: RFP-09-01 Opening Date: JULY 21, 2008
Opening Time: 4:30 P.M., EASTERN TIME
3. Clerical errors and omissions shall not be a cause for withdrawal of the offer without forfeit of bid bond. Offers may be withdrawn, in person only, prior to the date and time for the receipt of proposals.
4. Proposals, upon their receipt, are stamped showing the hour and date received. Proposals received after the scheduled closing time will not be considered provided legal and acceptable proposals have been received.
5. The right is reserved to reject any and all proposals and to waive all informalities and/or technicalities where the best interest of the University may be served.
6. Telegraphic or faxed offers or modifications of offers by telegram are not acceptable.
7. PROPOSALMAYBEREJECTEDUNLESSFILLEDOUTININKORTYPEWRITTENANDSIGNEDININK.
8. For any clarification of this RFP contact:
Page 2 of 21
KENTUCKY STATE UNIVERSITY
SWORN STATEMENT REGARDING CAMPAIGN FINANCE LAWS
PURSUANT TO KRS 45A.110 AND KRS 45A.115
The undersigned hereby swears or affirms, under penalty prescribed by law for perjury, that neither
he/she, individually, nor, to the best of his/her knowledge and belief, the corporation, partnership, or
other business entity which he/she represents in connection with this procurement, has knowingly
violated any provisions of the campaign finance laws of the Commonwealth of Kentucky, and that the
award of a contract to him/her, individually or to the corporation, partnership or other business entity
which he/she represents, will not violate any campaign finance laws of the Commonwealth.
BIDDER/OFFEROR
___________________________________________________
(SIGNATURE)
___________________________________________________
(TITLE)
___________________________________________________
(NAME OF COMPANY)
State of ____________________
} SS
County of ___________________
The foregoing statement was sworn to me this ___________ day of ____________ 20______, by
______________________________________.
(NOTARY PUBLIC)
RFP-09-01 Page 3 of 21
COMMONWEALTH OF KENTUCKY
VENDOR REPORT OF PRIOR VIOLATIONS
OF KRS CHAPTERS
136, 139, 141, 338, 341, AND 342
Pursuant to 1994’s Senate Bill 258, the Bidder/Offeror shall reveal to the University, prior to this award of a contract, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342.
For the purpose of complying with the provisions of Senate Bill 258, please list any final determination(s) of violation(s) of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which have been rendered against the Bidder or Offeror within the five (5) years preceding the award of this contract.
Please include the date of the determination and the state agency issuing the determination.
KRS VIOLATION DATE STATE AGENCY
The Contractor is further notified that 1994’s Senate Bill 258 requires that for the duration of this contract, the Contractor shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which apply to the Contractor’s operations. Senate Bill 258, further provides that the Contractor’s failure to reveal a final determination of a violation of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, or failure to comply with the above-cited statutes for the duration of the contract, shall be grounds for the Contractor’s disqualification by the University from eligibility to bid or submit proposals to the University for a period of two (2) years.
Page 4 of 21
AUTHENTICATION OF BID AND
STATEMENT OF NON-COLLUSION
AND NON-CONFLICT OF INTEREST
I, HEREBY CERTIFY:
1. That I am the Bidder (if the Bidder is an individual), a partner in the Bidder (if the Bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the Bidder is a corporation).
2. That the submitted bid or bids covering Kentucky State University Invitation No. RFP-09-01 have been arrived at by the Bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or competition; as prohibited by provision KRS 45A.325.
3. That the contents of the proposal(s) have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder, its surety on any bond furnished with the proposal(s) and will not be communicated to any such person prior to the official opening of the proposal(s).
4. That the Bidder is legally entitled to enter into the contract with Kentucky State University and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 16A.390 and 45A.330 to 45A.340 and 45A.455.
5. This offer is for thirty (30) calendar days from the date this bid is opened. In submitting the above, it is expressly agreed that upon proper acceptance by Kentucky State University of any or all items bid above, a contract shall thereby be created with respect to the items accepted.
6. That I have fully informed myself regarding and affirm the accuracy of all statements made in this Request for Proposal including Bid Amount.
7. Unless otherwise exempted by KRS 45.590, the Bidder intends to comply in full with all requirements of the Kentucky Civil Rights Act and to submit data required by the Kentucky Equal Employment Act upon being designated the successful Offeror.
8. That the Bidder, if awarded a contract, would not be in violation of the Executive Branch Code of Ethics established by KRS 11A.001 through KRS 11A.990.
READ CAREFULLY --- SIGN IN SPACE BELOW --- FAILURE TO SIGN INVALIDATES BID
SIGNED BY: ________________________________________ TITLE: ______________________________ FIRM: ______________________________________________ PHONE: ____________________________ ADDRESS: __________________________________________ DATE: ______________________________ ___________________________________________________ ____________________________________ CITY STATE ZIP CODE FEDERAL ID OR SOCIAL SECURITY NO.
Table of Contents
Page
1.0 Definitions 6
2.0 General Overview 7
2.1 Intent and Scope 7
2.2 University Information 8
3.0 Proposal Requirements 8
3.1 Key Event Dates 8
3.2 Offeror Communication 9
3.3 Preparation of Offers 9
3.4 Proposed Deviations from the Request for Proposal 9
3.5 Proposal Submission and Deadline 9
3.6 Addenda 10
3.7 Offeror Response and Proprietary Information 10
3.8 Restrictions on Communications with University Staff 10
3.9 Cost of Preparing Proposal 10
3.10 Disposition of Proposals 11
3.11 Alternate Proposals 11
3.12 Questions 11
3.13 Section Titles in the RFP 11
3.14 No Contingent Fees 11
3.15 Proposal Addenda and Rules for Withdrawal 11
3.16 Independent Price Determination 11
3.17 Gramm-Leach Bliley Act 12
4.0 Proposal Format and Response 13
4.1 Proposal Information and Criteria 13
4.2 Signed Authentication of Proposal and Statement of Non-Collusion and 13 Non-Conflict of Interest Form
4.3 Transmittal Letter 13
4.4 Criteria 1 – Offeror Qualifications 14
4.5 Criteria 2 – Services Defined 14
4.6 Criteria 3 – Evidence of Successful Performance and Implementation Schedule 15
4.7 Criteria 4 – Financial Proposal 15
4.8 Criteria 5 – Other Value Added Services 15
5.0 Evaluation Criteria Process 16
6.0 Special Conditions 17
6.1 Contract Term 17
6.2 Competitive Negotiation 17
6.3 Appearance before Committee 17
6.4 Acceptance or Rejection and Award of Proposal 17
6.5 Contract Changes 18
6.6 Contractor Cooperation in Related Efforts 18
6.7 Entire Agreement 18
6.8 Governing Law 18
6.9 Termination for Convenience 18
6.10 Termination for Non-Performance 18
6.11 Modification or Withdrawal of Offer 19
6.12 Rejection 19
6.13 Prime Contractor Responsibility 20
6.14 Assignment 20
6.15 Permits, Licenses, Taxes and Commonwealth Registration 20
6.16 Attorneys’ Fees 20
6.17 Patents, Copyrights, and Trademarks 20
6.18 Indemnification 20
6.19 Insurance 21
Page 6 of 21
1.0 DEFINITIONS
The term "addenda" means written or graphic instructions issued by the Kentucky State University prior to the receipt of Proposals that modify or interpret the Request for Proposal Documents by addition, deletions, clarification, or corrections.
The term "competitive negotiations" means the method authorized in the Kentucky Revised Statutes, Chapter 45A.085.
The terms "offer" or “proposal” means the Offeror(s) response to this Request for Proposal. The term "Offeror" means the entity or Contractor group submitting proposal.
The term "Contractor" means the entity receiving a contract award.
The term "Purchasing Official" means the University's appointed contracting representative.
The term "Responsible Offeror" means a person, company, or corporation who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.
The term "solicitation" means Request for Proposal (RFP). The term "University" means Kentucky State University.
RFP-09-01 Page7 of 21
2.0 GENERAL OVERVIEW 2.1 Intent and Scope
This Request for Proposal is issued to solicit proposals from organizations operating a call center “on and/or off site“ with a dedicated staff that can handle KSU student financial services-related calls in accordance with the terms, conditions and requirements of this Request for Proposal.
The Contractor shall provide the following services:
• The University wishes to implement a Student Financial Services (SFS) call center management solution with a dedicated staff that handles KSU student financial services related calls.
The SFS center will respond to calls requesting financial services information such as: how to apply for financial aid, scholarships, grants, loans, work study; and questions regarding account status, missing documentation, selection for verification, admissions status, and award amounts. The center will respond to questions regarding the conditions for receiving aid, requirements necessary for disbursement, cost of attendance, parent loans and alternative loans, collections, current balances, fund disbursement information, short term loan information, and refund information.
• The SFS call center will provide its staff members with comprehensive training and detailed instructions on the entire financial aid process making sure they are knowledgeable of all the various types of assistance and highly trained in the area of customer service including bi-lingual agents to support our commitment to Spanish speaking students and parents. The application shall be installed and operational by no later than October 1, 2008. The SFS center will have access to both of the University’s enterprise management software needed to provide student support services. Typical phone support services may include:
FAFSA Assistance
Internet-based services should offer real-time query, update and reporting capabilities, bill resolution, payment advice, customized counseling, access and real-time updating to KSU’s financial aid or student system.
Incoming Call Support
Ability to answer questions regarding verification; award letter processing; loan and installment payment plan options; and student account balance.
Outbound Call Support
Ability to provide information related to admissions recruitment; award letter follow-up; missing data or document follow-up; billing or tuition payment plan calls; payment option counseling; and verification.
Special Services Support
Ability to provide support for other University identified call center support activities, programs, or initiatives.
Page8 of 21
2.2 University Information
Kentucky State University was founded in 1886 as a normal school for the training of African-American teachers in Kentucky. Today, KSU is the only historically black institution of higher education in the Commonwealth and one of only two land grant institutions in the state.
Kentucky State University is located in Frankfort, Kentucky, the state’s capital with a population of about 27,500. Frankfort is approximately 25 miles from Lexington and 50 miles from Louisville.
The campus consists of 513 acres on the main campus with 38 academic, residential, athletic, and service buildings.
Kentucky State University enrolls a diverse population of approximately 2,700 full-time and part-time students from around the world. KSU is also home to more than 35 student organizations and 11 NCAA Division II sports programs. The University also sponsors numerous intramural sports and recreational activities.
KSU offers 30 Bachelor’s degree programs, six Associate degree programs, and three Master’s degree programs during three semesters: August - December; January - May; June - July
KSU’s primary marketing vehicle is its website, www.kysu.edu, which is an informational site.
3.0 PROPOSAL REQUIREMENTS 3.1 Key Event Dates
RFP Mailed June 20, 2008
Last Date for Written Questions July 1, 2008 RFP Due in Purchasing Department July 21, 2008
Contract Award Date Week of August 11, 2008 Contract Commences October 1, 2008
RFP-09-01 Page9 of 21
3.2 Offeror Communication
To insure that RFP documentation and subsequent information (modifications, clarifications, addendum, written questions & answers, etc.) is directed to the appropriate persons within the Offeror’s firm, each Offeror who intends to participate in this RFP is to provide the following information to the Purchasing Officer. Prompt, thorough compliance is in the best interest of the Offeror. Failure to comply may result in incomplete or delayed communication of addenda or other vital information. Contact information is the responsibility of the Offeror. Without the prompt information, any communication shortfall shall reside with the Offeror.
• Name of primary contact
• Mailing address of primary contact
• Telephone number of primary contact
• Fax number of primary contact
• E-mail address of primary contact
• Additional contact persons with same information provided as primary contact This information shall be transmitted via fax to: Tonya Montgomery at (502) 597-6588.
All communication with the University regarding this RFP shall only be directed to the University Purchasing Officer listed above. Please reference RFP-09-01 Incoming/Outbound Call Center for Student Financial Services in subject line.
3.3 Preparation of Offers
Offeror is expected to follow all specifications, terms, conditions, and instructions in this Request for Proposal.
Proposals should be prepared simply and economically, providing a description of the Offeror’s capabilities to satisfy the requirements of the solicitation. Emphasis should be on completeness and clarity of content. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in the single volume except as otherwise specified.
Any proposal containing terms and conditions not in conformity with the Statutes of the Commonwealth of Kentucky may be rejected.
3.4 Proposed Deviations from the Request for Proposal
Any proposed deviations from the RFP must be specifically identified as requested in, Section 4.3 (d), Transmittal Letter. Such proposed deviations must not be in conflict with the basic nature of this RFP. Respondents should be aware that significant deviations may result in disqualification.
3.5 Proposal Submission and Deadline
The Offeror must provide one (1) original and five (5) copies of each proposal under separate sealed cover, prior to 4:30 PM Frankfort, KY Time on July 21, 2008 and addressed to:
Ms. Tonya Montgomery Kentucky State University
400 East Main Street Frankfort, KY 40601
Page10 of 21
Note: Proposals received after the closing date and time specified in this RFP will not be considered.
Proposals shall be enclosed in sealed envelopes to the above referenced address and shall show the closing time and date specified, the solicitation number, and the name and address of the Offeror on the face of the envelope.
3.6 Addenda
Any addenda or instructions issued by the Purchasing Department prior to the time for receiving proposals shall become a part of Offeror Proposal. Such addenda shall be acknowledged in the proposal. No instructions or changes shall be binding unless documented by a proper and duly issued addendum.
3.7 Offeror Response and Proprietary Information
The Request for Proposal specifies the format, required information, and general content of proposals submitted in response to this RFP. The Purchasing Department will not disclose any portions of the proposals prior to contract award to anyone outside the Purchasing Department, the University’s administrative staff, representatives of the State or Federal Government, if required, and the members of the committee evaluating the proposals. After a contract is awarded in whole or in part, the University shall have the right to duplicate, use, or disclose all Proposal data submitted by Offerors in response to this RFP as a matter of public record.
Any submitted proposal shall remain a valid proposal for six (6) months after the proposal due date.
Kentucky State University shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejection of the proposal will not affect this right.
3.8 Restrictions on Communications with University Staff
From the issue date of this RFP until a Contractor is selected and selection is announced, Offerors are not allowed to communicate about the subject of the RFP with any University administration or faculty, staff, employees or members of the Board of Regents except:
• The Purchasing Official representing the University administration or others authorized in writing by the Purchasing Department.
• University representatives during Offeror presentations scheduled by the Purchasing Department. If violation of this provision occurs, the University reserves the right to reject the proposal.
3.9 Cost of Preparing Proposal
Costs for developing the proposals and any subsequent activities prior to contract award are solely the responsibility of the Offerors. Kentucky State University will provide no reimbursement for such costs. All travel, per diem and any associated costs for oral presentation will be borne solely by the Offeror. Refusal to provide an oral presentation, failure to appear for a scheduled presentation, or inability to agree on a suitable date/time for presentation shall constitute complete grounds for disqualification of Offeror from further consideration in award of a contract under this RFP.
RFP-09-01 Page11 of 21
3.10 Disposition of Proposals
All proposals become the property of Kentucky State University.
3.11 Alternate Proposals
Offerors who wish may submit alternate proposals. Alternate proposals must be clearly identified as an alternate proposal. If more than one proposal is submitted, all must be complete (separate) and comply with the instructions set forth within this document. Each proposal will be evaluated on its own merits.
3.12 Questions
Offeror(s)’ questions should be submitted in writing to Tonya Montgomery, Director of Purchasing, no later than 4:30 p.m. Eastern time on July 1, 2008 and should be faxed to (502) 597-6588.
3.13 Section Titles in the RFP
Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.
3.14 No Contingent Fees
No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, except bona fide employees of the Offeror or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, the University shall have the right to reject the proposal, annul the contract without liability, or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee or other benefit.
3.15 Proposal Addenda and Rules for Withdrawal
Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a written request for its withdrawal to the University Purchasing Department, signed by the Offeror.
Unless requested by the University, the University will not accept revisions, or alterations to proposals after the proposal due date.
3.16 Independent Price Determination
A proposal will not be considered for award if the price in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.
The Offeror must include a certified statement in the proposal that the price was arrived at without any conflict of interest, as described above. Should conflict of interest be detected any time during the contract, the contract shall be null and void and the Contractor shall assume all costs of this project until such time that a new Contractor is selected.
Page12 of 21
3.17 Gramm-Leach Bliley Act
Contractor must certify compliance with the Gramm-Leach Bliley Act (GLBA) to safeguard financial information. Specifically the successful Offeror(s) must provide:
1)
An explicit written acknowledgment that the contract allows the successful Offeror(s) access to confidential information;2)
A stipulation that the confidential information will be held in strict confidence and accessed only for the explicit business purpose of the contract;3)
A guarantee that it will ensure compliance with the protective conditions outlined in the GLBA;4)
A guarantee that it will protect the confidential information it accesses according to commercially acceptable standards and no less rigorously than it protects its own or any other customers’ confidential information;5)
A provision allowing for the return or destruction of all confidential information received by the Offeror(s) upon completion of the contract;6)
A stipulation allowing the entry of injunctive relief without the University posting bond in order to prevent or remedy breach of the confidentiality obligations of the contract;7)
A stipulation that any violation of the GLBA's protective conditions amounts to a material breach of contract and entitles Kentucky State University to immediately terminate the contract without penalty;8)
A provision allowing auditing of the Offeror’s compliance with the contract safeguard requirements; and9)
A provision ensuring that the GLBA’s protective conditions shall survive any termination agreement, cancellation or expiration of the contract.RFP-09-01 Page 13 of 21
4.0 PROPOSAL FORMAT AND CONTENT 4.1 Proposal Information and Criteria
The following list specifies the items to be addressed in your proposal. Please read it carefully and address it completely and in the order listed to facilitate the University’s review of your proposal.
Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages.
• Signed Authentication of Proposal, Sworn Statement Regarding Campaign Finance Laws, Vendor Report of Prior Violations, and Statement of Collusion and Non-Conflict of Interest Form.
• Transmittal Letter (Section 4.3)
• Offeror Qualifications (Section 4.4)
• Services Defined (Section 4.5)
• Evidence of Successful Performance and Implementation Schedule (Section 4.6)
• Financial Proposal (Section 4.7)
• Other Value Added Services (Section 4.8)
4.2 Signed Authentication of Proposal, Sworn Statement Regarding Campaign Finance Laws, Vendor Report of Prior Violations, & Statements of Non-Collusion & Non-Conflict of Interest Form
The Offeror will sign and return the proposal cover sheet and print or type her/his name, firm, address, telephone number and date. The person signing the offer must initial erasures or other changes. An offer signed by an agent is to be accompanied by evidence of his authority unless such evidence has been previously furnished to the Purchasing Department. The signer shall further certify that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the principal Offeror.
4.3 Transmittal Letter
The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall include:
a) A statement referencing all addenda to this RFP issued by the University and received by the Offeror. If no addenda have been received, a statement to that effect should be included. b) A statement that the Offeror’s proposal shall remain valid for six (6) months after the closing date of the receipt of the proposals.
c) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations.
d) A statement that summarizes any deviations or exceptions to the RFP requirements and includes a detailed justification for the deviation or exception. (Significant deviations may result in disqualification of the Offeror.)
Page 14 of 21
4.4 Criteria 1 – Offeror Qualifications
The purpose of the Offeror qualifications section is to determine the ability of the Offeror to respond to this Request for Proposal. Offerors must describe and offer evidence of their ability to meet each of the qualifications listed below.
1. Provide a brief narrative describing the history of your company. Identify the number of employees in your company, the ownership and if the company has ever filed for bankruptcy, been in loan default, or if there are any pending liens, claims or lawsuits against the company. Also provide a list of prior names of business if changes have been made.
2. Describe experience in the operation of Incoming/Outbound Call Center for SFS services. Indicate the length of time you have been in business providing this type of service. Offeror shall have a minimum of three (3) years experience in operating a call center which handles student financial aid related services targeted at students and parents.
3. Provide position descriptions as well as a resume for each person dedicated to the Kentucky State University program.
4. Describe any difficulties Offeror anticipates in performing its duties with the University and how Offeror plans to manage these difficulties. Offeror shall describe any assistance required from the University.
5. Indicate if Offeror’s company is for sale or is involved in any transaction to expand or to become acquired by another business entity. If yes, explain the expected impact, both in organizational and directional terms.
6. Provide certified, audited financial statements.
4.5 Criteria 2 – Services Defined
The following list specifies the items to be addressed in this section of your proposal. Please read it carefully and address it completely and in the order listed to facilitate the University’s review of your proposal.
1. Provide a discussion (no more than two pages) of the company’s financial resources, personnel resources, and ability to provide services and meet specification requirements.
2. Describe the types of reports or other written documents Offeror will provide and the frequency of reporting. Include samples of reports and documents that would be made available to the University.
3. Describe service support philosophy, how it is implemented, and how Offeror measures it success in maintaining this philosophy.
4. Describe in detail Offeror’s plan for scheduled and unscheduled maintenance and any other required mechanical support of call center.
RFP-09-01 Page15 of 21
4.6 Criteria 3 – Evidence of Successful Performance and Implementation Schedule
1. Include a list of colleges and universities where the Offeror currently operates call center. Reference list shall include name of college/university, contact person, telephone number, project description, length of business relationship, and background of services provided. The list must also contain the names of colleges and universities where Offeror’s accounts were cancelled or not renewed in the past two (2) years along with reasons for the cancellation or non-renewal. By submission of a proposal, Offeror grants permission to the University to contact the references.
2. Provide an estimate of the earliest start date for services following execution of a Contract.
3. Provide a detailed plan and schedule for the implementation of the call center. This schedule shall be complete with a listing of the specific tasks and milestones required for the successful implementation of the call center.
4. Describe contingency plan or disaster recovery plan in the event of a disaster.
4.7 Criteria 4 – Financial Proposal
Describe the overall financial consideration to University for the right to provide call center services for KSU.
1. The successful Contractor will be required to reimburse University for costs incurred by University for any necessary modifications to University’s buildings or grounds where an SFS call center is installed, including the cost of all utility connections.
4.8 Criteria 5 – Other Value Added Services
Offerors are encouraged to propose other value added services, particularly those that may benefit the University.
1. Provide a list of any additional services or benefits, not otherwise identified in this RFP, that Offeror would propose to provide to University. Additional services or benefits must be directly related to the goods and services solicited under this RFP.
2. Provide details describing any unique services or benefits offered or advantages to be gained by University from doing business with Offeror. Additional services or benefits must be directly related to the goods and services solicited under this RFP.
Page16 of 21
5.0 EVALUATION CRITERIA PROCESS
The evaluation of responsive proposals shall be completed by the evaluation committee to determine the ranking of proposals. Proposals will be evaluated strictly in accordance with the requirements set forth in this solicitation, including any addenda which are issued. The University may require on-campus interviews with all, or the highest ranking Offerors, and may also require that all, or the highest ranking Offerors, submit best and final offers. The University will award the Contract to the responsible Offeror whose Proposal is determined to be the most advantageous to the University, taking into consideration price and the evaluation factors set forth in this RFP.
The evaluation of proposals will include consideration of responses to the criteria listed below. Offerors must specifically address all criteria in their response. Any deviations or exceptions to the specifications or requirements must be described and justified in a transmittal letter. Failure to list such exceptions or deviations in the transmittal letter may be considered sufficient reason to reject the proposal.
The relative importance of the criteria is defined below:
Offeror Qualifications 20 points
Services Defined 30 points
Evidence of Successful Performance and Implementation Schedule 15 points
Financial Proposal 25 points
Other Value Added Services 10 points
100 points
The University will evaluate proposals as submitted and may not notify Offerors of deficiencies in their responses.
Proposals must contain responses to each of the criteria, listed in Section 4 even if Offeror’s response cannot satisfy those criteria. A proposal may be rejected if it is conditional or incomplete in the judgment of the University.
RFP-09-01 Page 17 of 21
6.0 SPECIAL CONDITIONS 6.1 Contract Term
The term of the contract resulting from this request for proposal will be for the period of five (5) years, with an option to renew for five (5) one year terms upon mutual consent of both parties. The contract term shall not exceed a total of 10 years.
The University reserves the right to renegotiate any terms and or conditions as may be necessary to meet requirements for any renewal period. The successful Offeror will be advised of any proposed revisions prior to the renewal period.
6.2 Competitive Negotiation
It is the intent of the Request for Proposal to enter into competitive negotiation as authorized by KRS 45A.085.
Proposals for competitive negotiation shall not be subject to public inspection until negotiations between the purchasing agency and all Offerors have been concluded and a contract awarded to the responsible Offeror submitting the proposal determined in writing to be the most advantageous to the University.
The University will review all proposals properly submitted. However, the University reserves the right to reject all proposals, reject any proposal that does not meet mandatory requirement(s) or cancel this RFP, according to the best interests of the University.
All Offerors, or the Offeror(s) selected to participate in negotiations, may be given an opportunity to submit a Best and Final offer to the Purchasing Department. In such instance, the criteria for selection will remain as that set out above.
6.3 Appearance before Committee
Any, all or no Offerors may be requested to appear before the evaluation committee to explain their proposal and/or to respond to questions concerning the proposal. Offeror(s) are prohibited from electronically recording these meetings. The Committee reserves the right to request additional information.
6.4 Acceptance or Rejection and Award of Proposal
The University will review all Proposals properly submitted. However, the University reserves the right to request necessary amendments, reject all Proposals, reject any proposal that does not meet mandatory requirement(s) or cancel this RFP, according to the best interests of the University.
The University also reserves the right to waive minor technicalities or irregularities in Proposals providing such action is in the best interest of the University. Such waiver shall in no way modify the RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the Offeror is awarded the contract. In case of error in extension of prices or other errors in calculation, the unit price shall govern.
Page 18 of 21
6.5 Contract Changes
No modification or change of any provision in the resulting contract shall be made, unless such modification is mutually agreed to in writing by the successful Offeror and the Director of Purchasing, and incorporated as a written amendment to the contract. Memoranda of understanding and correspondence shall not be interpreted as amendments to the contract.
6.6 Contractor Cooperation in Related Efforts
Kentucky State University reserves the right to undertake or award other contracts for additional or related work. The Contractor shall fully cooperate with such other Contractors and University employees and carefully fit their work to such additional work. The Contractor shall not commit or permit any act, which will interfere with the performance of work by any other Contractor or by University employees. This clause shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate. The University shall equitably enforce this clause to all Contractors, to prevent the imposition of unreasonable burdens on any Contractor.
6.7 Entire Agreement
The Request for Proposal (RFP) shall be incorporated into any resulting Contract. This RFP, the successful Offer, and any resulting contract shall be the entire agreement between the parties. In the event of any conflict between these documents, the order of precedence is as follows: (1) any written contract, (2) the RFP, and (3) the Offer.
6.8 Governing Law
Contractor shall conform to and observe all laws, ordinances, rules and regulations of the United States of America, Commonwealth of Kentucky, and all other local governments, public authorities, boards or offices relating to the Property or the improvements upon same, or the use thereof, and will not permit the same to be used for any illegal or immoral purposes, business or occupation. This Agreement shall be governed by Kentucky Law and any claim relating to this contract shall only be brought in the Franklin Circuit Court.
6.9 Termination for Convenience
The Purchasing Department of Kentucky State University reserves the right to terminate the resulting contract without cause with a 30 day written notice. Upon receipt by the Contractor of “notice of termination” the Contractor shall discontinue all services with respect to the applicable contract. The cost of any agreed upon services provided by the Contractor will be calculated at the agreed upon rate prior to “notice of termination” and a fixed fee contract will be pro-rated (as appropriate).
6.10 Termination for Non-Performance
Default
The Director of Purchasing may terminate this contract for non-performance, as determined by the University for such causes as:
• Failure to provide satisfactory quality of service, including, failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the Contractor, which in the opinion of the University is not in its best interest, or failure to comply with the terms of this contract
RFP-09-01 Page19 of 21
• Failure to keep or perform, within the time period set forth herein, or violation of, any of the covenants, conditions, provisions or agreements herein contained
• Adjudication as a voluntarily bankrupt, making a transfer in fraud of its creditors, filing a petition under any section from time to time, or under any similar law or statute of the United States or any state thereof, or if an order for relief shall be entered against the Contractor in any proceeding filed by or against Contractor thereunder. In the event of any such involuntary bankruptcy proceeding being instituted against the Contractor, the fact of such an involuntary petition being filed shall not be considered an event of default until sixty (60) days after filing of said petition in order that Contractor might during that sixty (60) days period have the opportunity to seek dismissal of the involuntary petition or otherwise cure said potential default
• Making a general assignment for the benefit of its creditors, or taking the benefit of any insolvency act, of if a permanent receiver or trustee in bankruptcy shall be appointed for the Contractor
Notification
The University will provide ten (10) calendar days written notice of default. Unless arrangements are made to correct the non-performance issues to the University’s satisfaction within ten (10) calendar days, the Director of Purchasing may terminate the contract by giving 45 days notice, by registered or certified mail, of its intent to cancel this contract.
6.11 Modification or Withdrawal of Offer
An offer and/or modification of offer received at the office designated in the solicitation after the exact hour and date specified for receipt will not be considered.
An offer may be modified or withdrawn by written notice before the exact hour and date specified for receipt of offers. An offer also may be withdrawn in person by an Offeror or his authorized representative, provided his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the exact hour and date set for receipt of offers.
6.12 Rejection
Grounds for the rejection of proposals include, but shall not be limited to:
• Failure of a proposal to conform to the essential requirements of the Request for Proposal.
• An offer imposing conditions that would significantly modify the terms and conditions of the solicitation or limit the Offeror’s liability to the University on the contract awarded on the basis of such solicitation.
• Failure of the Offeror to sign the University Request for Proposal, as part of the proposal. This includes the Authentication of Proposal and Statement of Non-collusion and Non-conflict of Interest statements.
Page20 of 21
6.13 Prime Contractor Responsibility
Any contracts that may result from the RFP shall specify that the Contractor or Contractors is (are) solely responsible for fulfillment of the contract with the University.
6.14 Assignment
The Contractor(s) shall not assign the contract in whole or in part without the prior written consent of the University. Any attempted assignment shall be void.
6.15 Permits, Licenses, Taxes and Commonwealth Registration
The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations and ordinances of all federal, state, and local governments in which work under this contract is performed.
The Contractor must furnish certification of authority to conduct business in the Commonwealth of Kentucky as a condition of contract award. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the Contractor need not be registered as a prerequisite for responding to the RFP.
The Contractor shall pay any sales, use, personal property and other taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be the responsibility of the Contractor.
The Contractor will be required to accept liability for payment of all payroll taxes or deductions required by local and federal law, including, but not limited to old age pension, social security or annuities.
6.16 Attorney Fees
In the event that either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the University prevails, the Contractor agrees to pay all expenses of such action, including attorneys' fees and costs at all stages of litigation.
6.17 Patents, Copyrights and Trademark
The Contractor shall protect the University from any and all damages or liability arising from alleged infringements of patents, copyrights or trademarks.
6.18 Indemnification
The Contractor shall indemnify, hold and save harmless Kentucky State University, its affiliates and subsidiaries and their officers, agents and employees from losses, claims, suits, actions, expenses, damages, costs (including attorney fees of attorneys of the University’s choice and court costs) expenses, all liability of any nature or kind arising out of or relating to the Contractor’s response to this Request for Proposal or its performance or failure to perform under any contract. This clause shall survive the cancellation of this Request for Proposal, the award of a contract to the Contractor as result of the Request for Proposal, and the termination of any such contract, until the period for which the Contractor is determined to be liable in accordance with local, state or federal statutes or regulations.
RFP-09-01 Page 21 of 21
6.19 Insurance
The successful Contractor shall procure and maintain, at its expense, the following minimum insurance coverages insuring all services, work activities and contractual obligations undertaken in this contract. These insurance policies must be with insurers acceptable to the University.
Workers’ Compensation Statutory Requirements Commonwealth of Kentucky Employer’s Liability
$500,000/$500,000/$500,000
Commercial General Liability, includingoperations/ completed operations, defense costs, products, and
contractual including this contract.
$1,000,000 each occurrence $2,000,000 general aggregate (BI & PD combined)
Business Automobile Liability, covering owned, leased or non-owned autos.
$1,000,000 each accident (BI & PD combined) Misc. Professional Liability/Errors &
Omissions Liability Insurance
$1,000,000 per wrongful act; $1,000,000 annual aggregate
The successful Contractor agrees to furnish Certificates of Insurance for the above coverages and limits to the Purchasing Department of Kentucky State University. Kentucky State University must be named as Additional Insured on the general liability insurance policy for the scope of work defined in this RFP. Insurers must be acceptable to the Kentucky State University.
6.20 Method Of Award
It is the intent of the University to award a contract to the qualified Offeror whose offer, conforming to the conditions and requirements of the RFP, is determined to be the most advantageous to the University, cost and other factors considered, based on the evaluation factors set out above.
Notwithstanding the above, this RFP does not commit the University to contract for any requirements detailed in this document. The University reserves the right to reject any or all offers and to waive formalities and minor irregularities in the proposal received.