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 [email protected] 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/