REQUEST FOR PROPOSAL

ORACLE DATABASE AND PEOPLESOFT SUPPORT FOR THE

UNIVERSITY OF ARKANSAS AT MONTICELLO (UAM)

VENDORS: Proposals are invited for the Oracle Database and PeopleSoft Support for the University of

Arkansas at Monticello in accordance with the standard terms and conditions and specifications set forth

in this Request for Proposal (RFP). Proposals must be received at the address noted below no later than

the date and time of the submission deadline. All proposals must be clearly marked as a sealed proposal

with the RFP Number, Opening Date and Time on the outside of the envelope or package containing the

Proposal. The University reserves the right to reject any or all proposals.

RFP Number: AA1920 06 Proposal Delivery Address: Date Issued: February 4, 2020 Gay Pace, Director of Procurement

Services Submission Deadline (Opening): University of Arkansas at Monticello Date: March 16, 2020 Babin Business Center, Room 205-B Time: 3:00 p.m. 140 University Place Street

P.O. Box 3597 UAM Monticello, AR 71656

CERTIFICATION: Upon signing this Proposal, the Vendor certifies that the Standard Terms and

Conditions and Specifications have been read as set forth in the RFP, understands such and agrees to be

bound by these Standard Terms and Conditions and specifications when a contract is entered into

pursuant to this RFP. The Vendor also agrees that the proposal incorporates the Standard Terms and

Conditions and Specifications of this RFP and is the complete and exclusive statement of the terms of the

agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all

other communications between the parties relating to the RFP.

Name of firm Fed ID#

Address

Phone No. Fax No.

Printed Name of Authorized Individual Title

Signature of Authorized Individual Title

UNSIGNED PROPOSALS WILL NOT BE CONSIDERED AND WILL BE REJECTED.

REQUEST FOR PROPOSAL

ORACLE DATABASE AND

PEOPLESOFT SUPPORT

FOR THE UNIVERSITY OF

ARKANSAS AT MONTICELLO

TABLE OF CONTENTS Responder Acknowledgment Form

Equal Opportunity Policy Response

1.00 General Information

1.01 Introduction

1.02 University Information

1.03 Enrollment/Participation Data

1.04 Contact Information

1.05 Schedule of Events

2.00 Proposal Request

2.01 Issuing Office

2.02 RFP Requirements May Not Be Changed

2.03 Website Information

2.04 Site Visit

2.05 Clarification of the RFP

2.06 Deadline for Questions

2.07 Addenda Acknowledgement

2.08 Cost for Proposal Preparation and Campus Visits

2.09 Oral Presentations

2.10 Minimum Specifications

3.00 Proposal Response

3.01 Contents of Proposal

3.02 Response Format

3.03 Submission of Proposals

3.04 Official Vendor’s Representative

3.05 Completion of Forms/Correction of Errors

3.06 Drug Free Workplace

3.07 Withdrawal or Correction of Proposal

3.08 Descriptive Literature-Labeling

3.09 Proprietary Information

3.10 Equipment, Fixtures, and Expendables

3.11 Account Listing

3.12 Accounts Lost

3.13 New Accounts

3.14 Viability

3.15 Transition Plan

4.00 Insurance

5.00 Beverage Pouring Operations

5.01 Current Environment

5.02 Future Environment

5.03 Organization and Responsibilities

5.04 Additional Services

6.00 Terms and Conditions

6.01 Pricing After the Initial Contract Year

6.02 Vendor’s Obligation to Indemnify, Hold Harmless and Defend

6.03 Equal Employment Opportunity/Non-Discrimination

6.04 Assignment/Subcontracting

6.05 Reservation

6.06 Ethical Standards

6.07 Conflict of Interest

6.08 Comply with RFP

6.09 Comply with Laws

6.10 Contract Guidelines

6.11 Contract Negotiation

6.12 Contract and Grant Disclosure and Certification Form

6.13 Employment of Illegal Immigrants

6.14 Agreement/Contract

6.15 Publicity

6.16 Third Party Beneficiary

6.17 Waiver

6.18 Relationship to the Parties

6.19 Setoff

6.20 Default

6.21 Minority Participation

6.22 Term of Contract

6.23 Termination Provisions

7.00 Selection Criteria

7.01 Evaluation Methodology

7.02 Criteria for Contract Award Opportunity

8.00 Award at Contract

8.01 Notification of Award

8.02 Notification to Unsuccessful Vendors

UNIVERSITY OF ARKANSAS AT MONTICELLO RESPONDER

ACKNOWLEDGEMENT FORM - RFP # AA1920 06 ORACLE DATABASE AND PEOPLESOFT SUPPORT

The undersigned authorized officer represents that the vendor has carefully examined the

specifications and conditions contained in the RFP. The vendor fully understands the type

and quality of the product(s) and/or service(s) sought by the University of Arkansas at

Monticello (UAM) and hereby proposes to supply such at the prices stated and in

accordance with the Proposal accompanying this cover sheet. The responder

acknowledges its receipt of addenda numbered through and further agrees that the provisions of such addenda, as well as those of the RFP, are fully incorporated into

the Proposal, unless otherwise clearly stated to the contrary in the Proposal. Proposals

containing exceptions to RFP provisions may not be favorably received. The vendor

represents and warrants that the proposal submitted is not the result of collusion with

other eligible responders, with any employee of the State of Arkansas or UAM, and no

effort has been made to preclude the University of Arkansas at Monticello from obtaining

the most advantageous response possible to this RFP.

Except where a written signature is required, please type or clearly print the following:

FIRM:

By: Date:

Authorized Signature

Signing Officer’s Name and Title:

Correspondence to the Vendor with respect to this RFP may be directed to:

Name: Phone Number:

Title: Email:

Address:

Equal Opportunity Policy

Arkansas Act 2157 of 2005 requires that any entity or person bidding, responding to a request for

proposal or qualifications, or negotiating a contract with the University of Arkansas at Monticello

(UAM) on a contract for professional or consulting services submit, to UAM, their most current

equal opportunity policy (EO Policy).

Although vendors are encouraged to have a viable EO Policy, a written response indicating that

the vendor does not have an EO Policy is acceptable.

Please check one of the following:

Equal Opportunity Policy (EO Policy) included with Proposal

Equal Opportunity Policy (EO Policy) was previously submitted to UAM

Equal Opportunity Policy (EO Policy) not available

Signature Date

STANDARD TERMS AND CONDITIONS

1.00 GENERAL INFORMATION

1.01 INTRODUCTION

The University of Arkansas at Monticello, hereinafter referred to as University, will

consider proposals for the ORACLE DATABASE AND PEOPLESOFT SUPPORT on

the Monticello campus in the best interest of the University. The University invites

companies, hereinafter referred to as Vendor, to submit responses to this Request for

Proposal (RFP) for the operation of such in accordance with the RFP terms and

conditions.

The headings and subheadings in this RFP are intended only to assist the reader in

locating information. They are not intended to completely convey the contents of the

information that follows. Therefore, the reader should read all sections and subsections

in their entirety.

1.02 UNIVERSITY INFORMATION

The University of Arkansas at Monticello (UAM) consists of the main campus in

Monticello, the UAM College of Technology-Crossett, and the UAM College of

Technology-McGehee. The Monticello location provides both undergraduate and

graduate degree programs to residential and commuting students. The Crossett and

McGehee locations provide technical programs as well as a variety of college-

transferable courses. The University has an all campuses operating budget (educational

and general/auxiliary) of approximately $46 million. All facilities of the University of

Arkansas campus(s) are tobacco free.

Possession, discharge, or other use of any weapon is prohibited on the grounds or in the

buildings of any campus, division, unit or other area controlled by the University of

Arkansas System, except that a handgun may be possessed by an individual who has a

concealed handgun permit and has completed enhanced certification training in

accordance with Ark. Code Ann. §5-73-322(g).

UAM is accredited by the Higher Learning Commission of the North Central Association

of Colleges and Schools, the National Council for Accreditation of Teacher Education,

the National Association of Schools of Music, the National League for Nursing

Accrediting Commission, the Society of American Foresters, and the Council on Social

Work Education. The UAM College of Technology-Crossett is accredited by the Council

on Occupational Education. UAM is a part of the University of Arkansas System and is

governed by the University of Arkansas System Board of Trustees. The University’s

Executive Council consists of the Chancellor, Vice Chancellor for Academic Affairs,

Vice Chancellor for Finance and Administration, Vice Chancellor for Student

Engagement, Vice Chancellor for Advancement, Vice Chancellor for UAM College of

Technology-Crossett, and Vice Chancellor for UAM College of Technology- McGehee.

Vendors may visit the University’s Web site (http://www.uamont.edu) for additional

information pertaining to the institution.

1.03 ENROLLMENT/PARTICIPATION DATA

The University’s current enrollment is approximately 3,100 students, including

enrollment at the technical campuses in Crossett and McGehee. The number of students

residing on the Monticello campus during Fall 2017 semester was 671 students while the

Spring 2018 semester had 554 - students in the residence halls.

The University employs approximately 400 on the Monticello campus.

1.04 CONTACT INFORMATION

All questions must be submitted via email to UAMRFP@uamont.edu and will be addressed

within two University business days of submission. Answers will be posted on the RFP Web site

located at http://www.uamont.edu/FinanceAdministration/Purchasing.htm. The deadline for

submitting questions is February 17, 2020 at 3:00 p.m. Central Time.

1.05 SCHEDULE OF EVENTS

SCHEDULE OF EVENTS

RFP Posted to Web Site February 4, 2020

Written Question Submittal Deadline February 17, 2020

Written Response to Questions February 21, 2020

Closing Date and Time for RFP March 16, 2020 - 3:00 p.m.

Committee Evaluations Period March 17 - March 24, 2020

Notification of Intent To Award April 3, 2020

Final contract negotiations begin April 8, 2020

Estimated Award Notification April 22, 2020

2.00 Proposal Request

2.01 ISSUING OFFICE

This RFP is issued by the Office of the Vice Chancellor for Finance and Administration,

Purchasing Office, University of Arkansas at Monticello:

University of Arkansas at Monticello Purchasing Office

Babin Business Center 205-B

140 University Place Street

P.O. Box 3597-UAM

Monticello, AR 71656

All contacts should be made as stated in Contact Information Paragraph 1.04.

2.02 RFP REQUIREMENTS MAY NOT BE CHANGED

The text of the RFP requirements shall not be modified in any manner, as the original version

sourced from the RFP Web site, as modified by the University, shall govern the requirement.

Vendors shall indicate in their response if they are proposing any modifications to the

requirement.

2.03 WEB SITE INFORMATION

This RFP, any addenda and/or updates to the RFP, Vendor questions and answers, and other

information are located on the University’s Web site at

http://www.uamont.edu/pages/resources/finance-administration/current-bids-rfps-and-rfqs/. If

the University determines that it should provide amendments to the RFP, additional information

or clarification, updated data will be provided on the University RFP Web site referenced above.

2.04 SITE VISIT

No site visit required. All work related to Oracle Database and PeopleSoft support will be

handled remotely by vendor.

2.05 CLARIFICATION OF THE RFP

Vendors may submit written questions regarding the specifications or requirements of the RFP.

Written questions must be emailed to the address listed in the Contact Information Section. The

responses to questions that directly affect an interpretation of or change to this RFP will be

issued in writing by addendum and provided to all parties recorded by the University as having

received a copy of this RFP, and shall become a part of the RFP.

2.06 DEADLINE FOR QUESTIONS

Questions must be received by email, as described in the Contact Information Paragraph , no

later than February 17, 2020 at 3:00 Central Time. Label any communication regarding your

questions with the solicitation title and number. Information given a prospective Vendor

concerning a solicitation will be posted to the University RFP Web site and promptly

available to all other prospective Vendors if that information is necessary for submitting

offers or if the lack

of it would be prejudicial to other prospective Vendors. All Vendors are advised to check the

Web site regularly to receive the most current information.

2.07 ADDENDA ACKNOWLEDGEMENT

The Vendor must acknowledge all or any addenda by executing the form located

immediately after the Table of Contents of this RFP. Addenda or amendments, if any, should

be signed, dated and included with the respondent’s proposal submission. Failure to do so

will be cause for rejection of the proposal.

2.08 COST FOR PROPOSAL PREPARATION AND CAMPUS VISITS

The University will not reimburse the Vendor for costs incurred in the preparation and

submission of proposals, nor will the University reimburse Vendors for expenses

related to visiting the campus or providing on-campus presentations related to the

proposals.

2.09 ORAL PRESENTATIONS

Vendors may be required to visit the campus and make oral presentations of their

proposals during the review process.

2.10 MINIMUM SPECIFICATIONS

The services described herein indicate minimum specifications required for the RFP.

3.00 Proposal Response

3.01 CONTENTS OF PROPOSAL

1. Vendors should include as part of their proposals all of the provisions of this RFP

and furnish all required information.

2. If the Vendor submits standard terms and conditions with the proposal, and if any of

those terms are in conflict with the laws of the State of Arkansas, state laws shall

govern. Standard terms and conditions submitted may need to be amended to

adequately reflect all of the conditions of this RFP.

3. All Vendor agreements of any nature that may require execution by the University

must be submitted with the proposal.

4. These documents should be amended by the Vendor in accordance with Contract

Guidelines provision (Terms and Condition Section) of this RFP.

3.02 RESPONSE FORMAT

Beginning with the first subsection, Vendors shall respond to each subsection of this

RFP in the same paragraph and item number sequence, stating first the requirement and

then providing their response. For those paragraphs or items not requiring a specified

response, Vendors may respond with concurrence or acknowledgment.

Vendor must clearly state in the response that the Vendor cannot agree with certain

provisions and must clearly identify the specific provisions to which it is not

agreeable.

Reference to handbooks or other technical documentation may be used to augment

the response to an item but may not constitute the entire response. References to

handbooks and technical documentation must include the paragraph and/or page

number of the reference document. It is requested that brochures and bulky

publications be separated from the written response.

3.03 SUBMISSION OF PROPOSALS

Sealed, written proposals will be received until 3:00 p.m. Central Time on March 16,

2019 at the following address:

Gay Pace, Director of Procurement Services

Purchasing Office

University of Arkansas at Monticello

Babin Business Center, Room 205-B

140 University Place Street

P.O. Box 3597 UAM

Monticello, AR 71656

All proposals must be submitted in sealed envelopes or packages and clearly marked with

the solicitation number “AA 1920 06”. Vendors must submit one (1) paper original and

five (5) paper copies of their proposals for the evaluation committee. Proposals must be

signed by an official authorized to bind the Vendor to the resultant contract. All cost

information must be submitted in a separate sealed envelope from other parts of the

response. Include a sealed envelope with the cost information, clearly labeled “Cost

Proposal” with the material mentioned above. Vendors who fail to submit cost

separately will be considered non-responsive. Vendors are cautioned that only written

information contained in this RFP (including any amendments and addenda) are to be

relied upon for preparation of a proposal. Each Vendor is solely responsible for the

timely delivery of the proposal by the specified deadline. State law requires that the

proposal be submitted no later than the date and time specified in this RFP. Vendors

mailing proposals should allow a sufficient mail delivery period to ensure timely receipt

of their proposals by the above office. Once again, timely receipt is defined as on or prior

to 3:00 p.m. Central Time on March 16, 2020. Any proposals received after the publicly

scheduled opening date and time will be immediately disqualified. Prior to the RFP

award, all proposals shall be guaranteed and binding for a period of not less than ninety

(90) days past the proposal submission deadline (opening date).

3.04 OFFICIAL VENDOR’S REPRESENTATIVE

The name, mailing address, telephone number, fax number, and email address of the

Vendor’s authorized representative with authority to bind the firm with respect to

questions concerning the Vendor’s proposal must be clearly stated in the proposal by

including the Responder Acknowledgement Form located after the Table of Contents of

this document.

3.05 COMPLETION OF FORMS / CORRECTION OF ERRORS

All prices and notations should be printed in ink or typewritten. Errors should be crossed

out, and then corrections should be entered and initialed by the person signing the bid.

3.06 DRUG FREE WORK PLACE

By submitting a Response, Vendor certifies that, if awarded a contract, Vendor will

comply with all applicable Drug-Free Workplace Federal, state and local laws and

regulations.

3.07 WITHDRAWAL OR CORRECTION OF PROPOSAL

Proposals may be withdrawn by written notice by the Vendor’s authorized representative

at anytime prior to the date set for the RFP opening.

3.08 DESCRIPTIVE LITERATURE-LABELING

Include Vendor’s name on the cover of any specifications or descriptive literature

submitted with your offer.

3.09 PROPRIETARY INFORMATION

All physical and electronic copies of proposals submitted in response to this RFP will

become the property of the University (excluding Vendor intellectual property rights) and

will be open to public inspection after the proposal opening in accordance with the laws

of the State of Arkansas. Vendors retain copyright in their portions of proposals, but by

submitting proposals, agree that copies of the proposals may be made available to fulfill

the University's obligations under the laws of the State of Arkansas, including its public

records laws. With regard to proprietary information, the University will disclose any

portion of the submittals to members of the evaluation team and other necessary staff

prior to the contract award.

One redacted copy must be submitted and clearly marked as so with the proposal. If a

redacted copy is not provided with the proposal, a copy of the non-redacted documents,

with the exception of financial data (or other pricing), will be released in response to any

request made under the Arkansas Freedom of Information Act (FOIA).

3.14 VIABILITY

1. The Vendor shall provide evidence of its financial ability to carry out the request

in this RFP. All evidence under this requirement shall be sufficient to allow an

adequate evaluation by the University’s RFP Evaluation Committee. The Vendor

shall provide a copy of its last two (2) years of audited financial statements and a

brief narrative supporting its financial viability.

2. Provide a disclosure of any judgments, including but not limited to, pending or

expected litigation or other real or potential financial reversals that might affect

the viability or stability of the vendor; or warrant that no such condition is known

to exist.

3.15 TRANSITION PLAN

The Vendor shall provide a proposal transition plan from the date of award, with target

and event timeframes for an assumed transition plan takeover of the database and

PeopleSoft support operation.

4.00 INSURANCE

The Vendor shall procure and maintain, at Vendor’s own expense, the following

insurance coverage for the period of the contract:

A. Commercial General Liability, including Products Liability, with no less

than $1,000,000/$2,000,000 each occurrence for bodily injury, products

liability, contractual liability, and property damage liability.

B. Comprehensive Automobile Liability: No less than $1,000,000

combined single limit coverage for bodily injury and property damage.

This policy shall cover any vehicle being used in the management,

operation, or delivery for the operation.

C. Property Insurance on property owned by the Vendor. Policy should

provide “all risk” coverage in the amount of the value of the Vendor’s

property, including inventory, as is located on the University’s premises.

D. Umbrella Policy: $5,000,000 Limit of Liability per occurrence. This

limit may be reduced by the amount that the comprehensive general

liability exceeds $1,000,000, to a minimum limit of $2,000,000.

E. Workers’ Compensation Insurance coverage shall be maintained during

the contract period, by the Vendor, as prescribed by Arkansas statutory

law.

F. Unemployment Compensation Insurance shall be maintained by the

Vendor as prescribed by Arkansas statutory law.

Prior to the beginning of each contract period, the Vendor shall furnish certificates to the

University showing that such insurance is in effect. The protection afforded under the

policies will not be canceled or reduced until at least thirty (30) days after written notice

is received by the University from the insurance company or agent. The liability

policy(ies) must name the Board of Trustees of the University of Arkansas Acting for and

on Behalf of the University of Arkansas at Monticello as additional insureds for the

beverage pouring operations. The insurance company provider must have an A.M. Best

rating of A+ VIII.

5.00 ORACLE DATABASE AND PEOPLESOFT SUPPORT

The university seeks a remote managed services provider to support, monitor and maintain

our PeopleSoft Financials, Human Resource and Campus Solutions application systems all

running on Oracle databases. This maintenance will require system downtime and must be

performed outside of the University business hours (Monday to Friday 7:00 AM to 7:00

PM). In addition, the selected vendor needs to be available for support services in the event

of a system failure that affects college operations and serve as a technical escalation point

for more complex issues.

5.01 Current Environment

Campus Solutions 9.2 (PeopleTools 8.55):

Running on Solaris Linux and Windows Server 2012R2, with Oracle

Databases

Modules: Admissions, Campus Community, Records, Advising, Student

Financials and Financial Aid

Financials 9.2 (PeopleTools 8.56)

Running on Solaris Linux and Windows Server 2012R2, with Oracle

Databases

Modules: General Ledger, Purchasing, Asset Management, Accounts

Payable

Human Capital Management 9.2 (PeopleTools 8.56)

Running on Solaris Linux and Windows Server 2012R2, with Oracle

Databases

Modules: Payroll for NA, HR, Benefits, Time Administration

5.02 Future Environment

Campus Solutions 9.2 (PeopleTools 8.57) moving to Workday

- The University will be moving to a state wide solution in 2025 (estimated

timeline), until that time, the environment needs to be maintained. The

selected vendor will work with the University to develop a roadmap and

strategy to maintain and upgrade the environment until the time that the

University moves to the state wide solution.

Financials 9.2 (PeopleTools 8.57) moving to Workday

- The University will be moving to a state wide solution in 2021, until that

time, the environment needs to be maintained. The selected vendor will

work with the University to develop a roadmap and strategy to maintain

the environment until the time that the University moves to the state wide

solutions. After the migration this environment will be required to ran in

an archive mode for historical purposes.

Human Capital Management 9.2 (PeopleTools 8.57) moving to Workday

- The University will be moving to a state wide solution in 2021, until that

time, the environment needs to be maintained. The selected vendor will

work with the University to develop a roadmap and strategy to maintain

the environment until the time that the University moves to the state wide

solutions. After the migration this environment will be required to ran in

an archive mode for historical purposes.

5.03 Organization and Responsibilities

College Organization and Responsibilities

Monticello’s Chief Information Officer will serve as the University’s contract

manager for these services. The University’s team also includes functional

application specialists, application developers, and the applications

administrator and network operations team.

i. Identify upcoming Maintenance Items

ii. Schedule upcoming Maintenance Windows

iii. Communications to the Community of Maintenance and Changes

iv. Testing and Validation of applied Maintenance & Updates

v. Retrofit of customizations after Maintenance & Updates

vi. Application Security for the Community

vii. Network and Hardware availability and performance on-premise

Vendor Organization and Responsibilities

The selected vendor must work collaboratively with Monticello’s Information

Technology staff as described above. Vendors must supply the resume of the

proposed Account Manager and information regarding staff assignments to

the account.

i. Application of Critical Regularity Updates: HCM Tax Updates, CS

Financial Aid Updates, FSCM 1009 Updates

ii. Application of Critical Patch Updates (CPU): Any critical patch updates

identified by Oracle where information can be at risk, need to be

appropriately applied to Web Services, Application and Process Systems,

Middleware software, and database patching.

iii. Application of SSL/TLS certificates as appropriate to have a secure

environment

iv. General Maintenance of Web/App/Process Systems to ensure high

availability

v. Troubleshooting of operating system issues where application availability

is impacted.

vi. Maintenance of operating systems of cloud based servers.

vii. Application of PeopleSoft Update Management (PUM) Images to

environments on a set schedule, so applications stay current, consistence,

clean and documented.

viii. Technical assistance with issues associated with PeopleSoft delivered

and Custom configurations, programs, and interfaces including

Integration Broker, COBOL, SQR, Component/Page/Record Items.

ix. Use monitoring tools to observe, troubleshoot and tune the environment

from web access, availability, technical issues at the various web, app,

process/batch, database layers

x. Verify the backups, are being executed and that the Disaster Recovery

process can be executed with the given level of backup and system details

xi. Database support of all databases including maintenance, analysis, and

troubleshooting.

xii. Advise the University on best practices in supporting applications and

related components.

Work not Covered by this Contract

1. Implementation of additional application functionality such as new

modules or major customizations

2. Perform Major PeopleTools or Application upgrades

5.04 Additional Services

The College may require functional and/or technical application support. Pricing

for Additional Support should be provided on the Pricing Sheet.

Current examples of Additional Support Needs:

Implementation and Integrations solutions

Third Party Integration/Application Troubleshooting

Setup configuration of Integration Broker and other integration

technologies

Configuration and implementation of additional third party

applications

6.00 TERMS AND CONDITIONS

6.01 PRICING AFTER THE INITIAL CONTRACT YEAR

Pricing may be negotiated for each and any period, except the initial period, prior to the

beginning of the contract period. All prices will remain firm for any and each contract

period. The University recognizes that prices of goods and services of the Vendor may

fluctuate from year to year. However, for each year of the contract, the Vendor must

propose and justify any price increases at least one-hundred twenty (120) days in advance

of the succeeding contract period. The University reserves the right to approve or reject

all price changes. In no event, except with University approval, will prices increase by

more than the increase in the consumer price index (all items) for the previous twelve-

month period as published by the United States Department of Labor.

6.02 VENDOR’S OBLIGATION TO INDEMNIFY, HOLD HARMLESS AND

DEFEND

The Vendor will indemnify, hold harmless and defend the University, its Board of

Trustees and employees against all liability, claims and costs for whatever kind of nature

for injury or death of any person or persons and from loss or damage to any property

occurring in connection with or in any way incident to or arising out of the occupancy,

use, service, operations, or work in connection with the contract resulting from this RFP,

resulting in whole or in part from the negligent acts, or omissions of the Vendor, its

employees, agents, representatives, or sub vendors.

6.03 EQUAL EMPLOYMENT OPPORTUNITY / NON-DISCRIMINATION

The Vendor must comply with all applicable Federal, state and local laws, rules and

regulations that provide educational and employment opportunities to all persons,

regardless of their economic or social status. The Vendor must not discriminate on the

basis of race, color, religion, creed, gender, ethnic or national origin, disability, age,

veteran status, or any legally protected class. A copy of the Vendor’s Equal Opportunity

statement, located after the Table of Contents in this document, shall be submitted with

the response.

6.04 ASSIGNMENT / SUBCONTRACTING

The selected Vendor will be required to assume all responsibility for the beverage

pouring operation and will be the University’s sole point of contact. The Vendor shall not

subcontract or assign any interest in the contract resulting from this RFP and shall not

transfer any interest, whatsoever, in the contract (whether by assignment or novation),

without the prior written consent of the University.

6.05 RESERVATION

This RFP does not commit the University to award a contract. Further, the University

reserves the right to accept or reject, in part or in its entirety, any or all proposals

received, to re-advertise if deemed necessary, and to investigate any or all proposals as

required. Proposals which fail to comply fully with any provisions of the specifications

and RFP may be considered invalid and will not receive consideration.

6.06 ETHICAL STANDARDS

As provided in Arkansas Code Annotated 19-11-708, it shall be a breach of ethical

standards for a person to be retained, or to retain or influence a person, to solicit or secure

a University contract upon an agreement or understanding for a commission, percentage,

brokerage, or contingent fee, except for retention of bona fide employees or bona fide

established selling agencies maintained by the Vendor for the purpose of securing

business.

6.07 CONFLICT OF INTEREST

The Vendor shall not perform actions that will result in a conflict of interest with

University employees, their immediate families or in any way with the University.

6.08 COMPLY WITH RFP

Unless clearly indicated otherwise in the Response to this RFP, the Vendor agrees to the

provisions stated herein and fully agrees these provisions shall become a part of any

agreement entered into by the Vendor and the University. Vendor must clearly state in

the response to this request that the Vendor cannot agree to certain provisions and must

clearly identify the provisions to which it is not agreeable. The provisions within this

RFP shall take precedence over any provisions in other agreements between the

University and the Vendor unless the subsequent agreement change is acknowledged and

agreed to by the University as a change from the RFP provision(s).

6.09 COMPLY WITH LAWS

Without additional expense to the University, the Vendor shall be liable for all applicable

Federal, state, and local taxes and tariffs and shall comply with all laws, ordinances,

codes, rules and regulations and shall obtain and pay for all permits and licenses.

6.10 CONTRACT GUIDELINES

The Vendor should note the following in regard to the University’s contracting authority,

and amend any documents accordingly. Failure to conform to these standards may result

in rejection of the response.

A. The University of Arkansas may not contract with another party:

1. To support continuation of performance in a subsequent year of a multi-

year contract when funds are not appropriated or otherwise made

available. The Vendor may be reimbursed for the reasonable value of any

non-recurring costs incurred but not amortized in the price of the

commodities or services delivered under the contract. No other

termination charges shall be authorized.

2. To pay any penalties or charges for late payment or any penalties or

charges which in fact are penalties for any reason.

3. To indemnify or defend that party for any liability and damages; however,

the University may agree to hold the other party harmless from any loss or

claim resulting directly from and attributable to the University’s use or

possession of commodities/services and reimburse that party for the loss

caused solely by the University’s use or possession, provided that such

obligation is determined by and under the procedures of the Arkansas

State Claims Commission (this is the only form of indemnification to

which the University can agree).

4. Upon default, to pay all sums to become due under a contract.

5. To pay damages, legal expenses or other costs and expenses of any party.

6. To be subject to jurisdiction in any court.

7. To withhold disclosures of records that are subject to inspection under the

Arkansas Freedom of Information Act.

8. To agree to arbitration.

9. To agree to any provision of a contract which violate the laws or

Constitution of the State of Arkansas.

B. A party wishing to contract with the State of Arkansas should:

1. Remove any language from its contract which grants to it any

remedies other than:

a. The right to possession.

b. The right to accrued payments.

2. Include in its contract that the laws of the State of Arkansas govern the

contract.

3. Include language that in the event the legislature of the State of Arkansas

does not appropriate funds for the services described in the Agreement

resulting from this RFP, the University may, upon thirty (30) days written

notice to the Vendor, cancel the Agreement as to that for which no

appropriations were made; or, in the event that there are no funded

appropriations from which payment can be made for the services described in

the Agreement resulting from this RFP, the University may, upon thirty (30)

days written notice to the Vendor, cancel the Agreement as to that for which

there are no funded appropriations from which payment can be made.

4. Be prepared to certify that it does not engage in a boycott of the state of

Israel and that it will not boycott the state of Israel during the term of the

contract.

6.11 CONTRACT NEGOTIATION

Due to the anticipated complexities of this contract relationship, the University reserves

the right to negotiate with the highest rated Vendor the final terms and conditions of any

agreement as outlined in Arkansas Code §19-11-230 negotiations. The University may

also conduct negotiations with one or more vendors prior to making a final award

decision and may, at its discretion, solicit best and final offers.

6.12 CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM

An Arkansas Governor’s Executive Order requires that certain information be disclosed

prior to the awarding of any contract by the University. Each response shall be

accompanied by a completed and signed Contract and Grant Disclosure and Certification

Form in accordance with the University of Arkansas Executive Order EO-98-04. Please

visit https://www.dfa.arkansas.gov/procurement/procurement-forms-and-reporting/ for

additional information regarding this Executive Order and the Form. The Order also

requires Vendors to obtain the completed Contract and Grant Disclosure and Certification

Form from any sub-vendors if sub-vendors are authorized. This form must be approved

by proper University officials prior to any agreements by the Vendor or sub-vendors.

6.13 EMPLOYMENT OF ILLEGAL IMMIGRANTS

Arkansas Law (Act 157 of 2007) requires the Vendor to certify, prior to the award of any

agreement, that they do not employ or contract with any illegal immigrants. Vendors

must certify at the following Web site:

https://www.dfa.arkansas.gov/procurement/procurement-forms-and-reporting/

This is a mandatory requirement and failure to certify may result in rejection of the

response. No award will be made to a Vendor that has not completed the certification.

6.14 AGREEMENT / CONTRACT

The Vendor shall include with its response any proposed agreements that will bind the

University if the Vendor is granted the successful award.

6.15 PUBLICITY

Vendor shall not publish any comments or quotes by University employees, or include

the University in either news releases or a published list of customers, without the prior

written approval of the University.

6.16 THIRD PARTY BENEFICIARY

Any Contract resulting from the RFP will be made solely and specifically among and for

the benefit of the parties hereto, and their respective successors and assigns, and no other

person will have any rights, interest, or claims hereunder or be entitled to any benefits

under or on account of any contract as a third party beneficiary or otherwise.

6.17 WAIVER

The University will not waive any prior or subsequent breach of the terms of any contract

by making payments on a contract, by failing to terminate the contract for lack of

performance, or by failing to strictly or promptly insist upon any term of the contract.

Only the University’s Vice Chancellor for Finance and Administration has actual

authority to waive any of the University’s rights under a contract. Any waiver must be in

writing.

6.18 RELATIONSHIP OF THE PARTIES

Neither the vendor nor the University is an employee, agent, partner, or joint venturer of

the other. Neither party has the right or ability to bind the other to any agreement with a

third party or to incur any obligation or liability on behalf of the other party.

6.19 SETOFF

The University shall have all of its common law, equitable, and statutory rights of set-off.

These rights shall include, but not be limited to, the University’s option to withhold for

the purposes of set-off any moneys due to the Vendor under the contract resulting from

this RFP up to any amounts due and owing to the University with regard to any contract

with the University, including any contract for a term commencing prior to the term of

this contract, plus any amounts due and owing to the University for any other reason

including, without limitation, tax delinquencies, fee delinquencies or monetary penalties

relative thereto.

6.20 DEFAULT

A. (1) The University may, by written notice of default to the Vendor, terminate the

contract resulting from this RFP in whole or in part if the Vendor fails to-

i. Deliver the supplies or to perform the services within the time

specified in the contract;

ii. Make progress, so as to endanger performance of the contract;

iii. Perform any of the other material provisions of the contract;

(2) The University's right to terminate the contract resulting from this RFP,

may be exercised if the Vendor does not cure such failure within 10 days (or

more if authorized in writing by the University representative) after receipt

of the notice from the University specifying the failure.

B. If the University terminates the contract resulting from this RFP in whole or in

part, it may acquire, under the terms and in the manner the University

considers appropriate, supplies or services similar to those terminated, and

the Vendor will be liable to the University for any excess costs for those

supplies or services and for any compensation that would otherwise be due the

University. However, the Vendor shall continue the work not terminated.

C. If the contract resulting from this RFP is terminated for default, the University

may require the Vendor to transfer title and deliver to the University, as

directed by the University representative, any items that the Vendor has

specifically produced or acquired for the terminated portion of the contract.

Upon direction of the University representative, the Vendor shall also protect

and preserve items and property in its possession in which the University has

an interest.

D. The rights and remedies of the University in this clause are in addition to any

other rights and remedies provided by law or under the contract resulting

from this RFP.

6.22 MINORITY PARTICIPATION

Minority participation is encouraged in this and all other procurements by state agencies.

“Minority” is defined by Arkansas Code Annotated §1-2-503 as “black or African

American, Hispanic American, American Indian or Native American, Asian, and Pacific

Islander”.

6.23 TERM OF CONTRACT

The required services are to commence no later than July 1, 2019, or a date to be agreed

upon by and between the University and the Contractor selected by the University to

operate the exclusive beverage pouring operation. The resulting contract will be for the

initial period of one (1) year with the option to renegotiate and extend the contract for an

additional twelve-month period up to six years. The renewal option is to be exercised

ninety (90) days prior to the contract ending date. The extended contract(s) shall be on

the same terms and conditions as the initial contract, subject to all of the provisions. The

contract shall not bind, nor purport to bind, the University for any contractual

commitment beyond the agreed upon or extended contract period. If the University does

not intend to negotiate the option to renew, it will provide the Contractor with written

notice of such not later than ninety (90) days prior to the contract ending date.

6.24 TERMINATION PROVISIONS

The contract may be terminated by either party by giving a ninety (90) day written notice

to the other party. Further, in the event that the Vendor shall fail to carry out and/or

comply with covenants, conditions and agreements to be performed by it, or shall fail to

comply with any regulations adopted by the University, the University shall notify the

Vendor of such failures or defaults and demand in writing that the same shall be

remedied within ten (10) days after the written notice. In the event of failure of the

Vendor to remedy the same within the said ten-day period, the University shall have the

right to immediately cancel and terminate the contract without further notice. In such

case, it will be incumbent on the Vendor, if required by the University, to continue

operation until relieved by a newly selected Vendor.

7.00 SELECTION CRITERIA

7.01 EVALUATION METHODOLOGY

A University appointed evaluation committee will perform a technical evaluation of

submittals received as a result of the RFP. All submittals are to be complete; partial

submittals will not be accepted. A complete submittal is one that is responsive to all the

components in each section specified in the RFP. The University is under no obligation

to contact applicants for clarification or incomplete information, but reserves the right to

do so. The contract will be awarded on the basis of the proposal that receives the highest

cumulative point total as defined in the evaluation criteria.

Interested parties who submit a proposal in response to this RFP may be required to give

an oral presentation to the University evaluation committee. This presentation will

provide the opportunity for the contractor to clarify or elaborate on his/her proposal, but

will not in any way change the submitting party’s original proposal. The University’s

Procurement Manager will schedule the time and location of these presentations, if

required.

7.02 CRITERIA FOR CONTRACT AWARD OPPORTUNITY

The University Evaluation Committee will evaluate each Responder’s RFP response,

references, and presentation results. Response will be evaluated on the following criteria:

Past Performance/References – Maximum Points Available: 25

Evaluation of past performance will allow the University to determine whether Vendor

consistently delivers quality services in a timely manner. References from prior projects

must be submitted. The information obtained from references on contracts described in

Vendors’ response to this RFP, together with information from any other sources available

to University, will provide the primary input for evaluation of this factor. University

reserves the right to verify the specifics of prior contracts described by Vendor in its

response to this RFP.

Key Personnel – Maximum Points Available: 15

The availability and commitment of Key Personnel is important to the University, and will

be evaluated through information contained in the response to this RFP. The University

requires staffing of Key Personnel with relevant experience in the support of its Oracle

databases. The University prefers the Contractor to identify and submit resumes and

references for each consultant on the team. The University reserves the right to interview

Key Personnel as part of the evaluation. A strong support team will include both Key

Personnel and other available personnel with the combined expertise in all aspects of the

Oracle database software.

Approach to the Management of the database and Peoplesoft – Maximum

Points Available: 30

The Vendor’s management approach for the following (not listed in order of importance):

Clear articulation of the tasks, costs, and schedule included.

Approach, techniques and tools for supporting contract

Approach to meeting performance expectations

Approach to managing relationships, setting expectations, and communicating to

all parties involved

Price - Maximum Points Available: 30

The University will review the price methodologies and proposals presented in support of

the RFP. There may be more than one proposal presented to represent a complete picture

of the database and PeopleSoft support options offered by Vendor.

Monthly Support Cost.

Lowest total monthly cost for the database support will receive 30 points. Remaining responses shall receive points in accordance with the following formula:

(a/b)*c=d

a=the lowest cost proposal

b=the second (third, fourth, etc.) cost proposal

c=the maximum number of points allowed for cost (15)

d=number of points allocated to respective proposal

8.00 AWARD OF CONTRACT

8.01 NOTIFICATION OF AWARD

The University will provide written notification of the University’s intent to award the

contract to the successful Vendor.

8.02 NOTIFICATION TO UNSUCCESSFUL VENDORS

The University will post the intent to award and scoring on the University’s Website at

http://www.uamont.edu/pages/resources/finance-administration/current-bids-rfps-and-

rfqs/