RFP06302023 - Event Management Services

Request for Proposal (RFP)

RFP No. 06302023

Event Management Services

RFP RELEASE DATE: June 30, 2023

MANDATORY PRE-PROPOSAL: July 24, 2023, 2:30PM CST – Tele Conference

PROPOSAL DUE DATE: August 11, 2023*

PROPOSAL DUE TIME: 2:30 PM CST*

BID OPENING EVENT: 2:30 PM CST

SUBMIT ALL PROPOSALS TO: By USPS:

University of Arkansas – Business Services

UPTW Room 101

1 University of Arkansas

Fayetteville, AR 72701

By FedEx, UPS or another private carrier to Physical Location:

University of Arkansas – Business Services

UPTW Room 101

1001 East Sain Street

Fayetteville, AR 72703

Signature Required For Proposal

Respondent complies with all articles of the Standard Terms and Conditions documents as counterpart to this RFP document, and with all articles within the RFP document. If Respondent receives the University’s purchase order, Respondent agrees to furnish the items and/or services listed herein at the prices and/or under the conditions as indicated in the RFP.

Respondent Name:
Mailing Address:
City, State, Zip:
Telephone:
Email:

Authorized Signature: _______________________________________ Date: ______________

Typed/Printed Name of Signor: ________________________________ Title: ______________

*Under no circumstances will late bids be accepted. Failure to deliver by overnight carriers or other such methods shall not be taken into consideration. Bids MUST arrive and be time-stamped by the Procurement Office, located at:

University of Arkansas – Business Services

UPTW Room 101

1001 East Sain Street

Fayetteville, AR 72703

prior to the due date/time specified in the RFP. RESPONDENT NAME, RFP NUMBER, AND PROPOSAL DUE DATE MUST BE CLEARLY NOTED ON OUTSIDE OF PACKAGE IN ORDER FOR BID TO BE ACCEPTED.

If planning to attend a bid opening event, please arrive in the building lobby prior to 2:30pm CST.

In the event the University is closed to the public during a scheduled bid opening event, virtual access will be provided. Information on joining a virtual bid opening will be posted on HogBid prior to the bid opening date.

INTERGOVERNMENTAL/COOPERATIVE USE OF COMPETITIVELY BID PROPOSALS AND CONTRACTS:

In accordance with Arkansas Code Annotated § 19-11-249, any State public procurement unit, including any University of Arkansas System campus or unit, may participate in any contract resulting from this solicitation with a participating addendum signed by the contractor and approved by the chief procurement officer of the procurement agency issuing this solicitation.

MINORITY AND WOMEN-OWNED BUSINESS (MWOB) POLICY:

It is the policy of the State of Arkansas to support equal opportunity as well as economic development in every sector. In accordance with the Minority and Women-Owned Business Economic Development Act, UA shall support to the fullest all possible participation of companies owned and controlled by minority persons and women in state-funded and state-directed public programs and in the purchase of goods and services to meet an annual goal of fifteen percent (15%) of the total expended.

Pursuant to Ark. Code Ann. § 19-11-229, 19-11-230 the State of Arkansas encourages all small, minority, and women owned business enterprises to submit competitive sealed bids and proposals for University projects. Encouragement is also made to all general contractors that in the event they subcontract portions of their work, consideration is given to the identified groups.

A. Minority-Owned Business is defined by Arkansas Code Annotated § 15-4-303 as a business that is at least fifty-one percent (51%) owned by one (1) or more minority persons who are lawful permanent residents of the State of Arkansas:

• African American

• Hispanic American

• American Indian

• Pacific Islander American

• Asian American

• A Service-Disabled Veteran as designated by the United States Department of Veterans Affairs

B. Women-Owned Business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of the State of Arkansas.

C. Eligibility and Certification

The Arkansas Economic Development Commission (AEDC) conducts a certification process for minority-owned and women-owned businesses. Increase the opportunity for your minority or women-owned business to sell products and services to the State of Arkansas: https://www.arkansasedc.com/community-resources/Minority-and-Women-Owned-Business-Enterprise-Resources/detail/get-certified . Certification indicates that your company has undergone a review process to show that it is 51% or more owned, controlled and operated by a minority or woman as defined above. Certification is granted for two years and allows participation in the procurement process as a MWOB.

If certified, the Prospective Contractor’s Certification Number should be included on the Proposal/Response Signature Page.

D. Recommended Resources

• Doing Business with UA

o Vendor registration: https://businessservices.uark.edu/doing-business-at-university.php

• Doing Business with the State

o Registering your company with the Office of State Procurement as a vendor allows you to do business with the State of Arkansas: https://www.dfa.arkansas.gov/procurement/vendor-information/

o Arkansas Procurement Technical Assistance Center assists Arkansas small businesses to succeed in obtaining government contracts: https://www.uaex.edu/business-communities/arkansas-ptac/default.aspx

General Campus Background for University of Arkansas

Founded in 1871 as a land-grant institution, the University of Arkansas, Fayetteville Arkansas (UofA), is the flagship campus of the University of Arkansas System. Our students represent all 50 states and more than 120 countries. The UofA has 10 colleges and schools offering an internationally competitive education for undergraduate and graduate students in more than 240 academic programs. The UofA contributes new knowledge, economic development, basic and applied research, and creative activity while also providing service to academic and professional disciplines. As of Fall 2022, student enrollment totaled approximately 30,936. The faculty count totaled 1,490 and the staff count totaled 3,350. The UofA is one of the nation’s top public research universities and the state’s foremost partner and resource for education and economic development. Its public service activities reach every county in Arkansas, throughout the nation, and around the world. The Carnegie Foundation classifies the UofA as having "the highest possible level of research," placing us among the top three percent (3%) of colleges and universities nationwide.

1. DESCRIPTION AND OVERVIEW OF RFP

The Board of Trustees of the University of Arkansas, acting on behalf of the University of Arkansas, located in Fayetteville, Arkansas (UA) is seeking bid proposals from qualified and reputable Respondents to provide Event Management services, pursuant to the specifications, terms and conditions stated in this RFP (“Proposal(s)”).

The University of Arkansas is seeking to award a term contract to the Respondent(s) that can provide the best overall value to the University. This value will be determined by UA based on the overall competence, compliance, format, and presentation of each RFP response and in-person presentation, as necessary.

Through this RFP, the University of Arkansas is seeking to establish event management provider(s) that will streamline the process of selling and managing tickets for events held at Faulkner Performing Arts Center, camps, conferences and various campus locations, with minimal seating capacities exceeding 500 individuals. The system shall provide event organizers with a range of tools and features to handle ticket sales, attendee registration, and event logistics efficiently, while ensuring the highest standards of data encryption, performance, integrity, responsiveness, customer service, and fiscal accountability. The University of Arkansas wishes to contract with the event management provider that understands the importance of the services they provide, and the impact that they have on our faculty, students, alumni, and outreach to the broader community. By automating various tasks and providing an intuitive user experience, these systems contribute to the success of events and help organizers deliver memorable experiences to attendees.

A Respondent presentation day may be held following the bid due date. Projected timeframe for when presentations could occur is specified in the “Projected Timetable of Activities” section of this RFP. Please keep these dates open to schedule a presentation if you are selected to present.

2. SCOPE OF WORK

The University of Arkansas is seeking proposals from qualified vendor(s) to provide event management services for its diverse range of events. The selected vendor(s) will be responsible for implementing an efficient and user-friendly system that meets the university’s requirements and enhances attendee experience throughout a variety of events hosted at the Faulkner Performing Arts Center, camps, conferences and additional campus locations, including but not limited to: concerts and recitals, theater productions, dance performances, lectures and speakers, academic camps, youth programs, and professional conferences. Vendors may propose separate systems to manage (a) events and (b) camps, or an all-encompassing solution that manages events and camps. In the case that separate systems are proposed, please detail the variation in system specifications and processes within your proposal. The selected event management system shall:

• Ensure robust data security measures to protect attendee information and comply with relevant data protection regulations, safeguard attendee data privacy, and specify data ownership and usage rights.

• Integrate secure online payment processing, supporting multiple payment options and gateways.

• Allow seamless integration with existing university systems, including event websites, CRM platforms, student information systems, and Azure AD.

• Deliver an intuitive and user-friendly attendee registration and check-in process for a seamless experience.

• Provide a comprehensive system that allows for online ticket creation, customization, and sales.

• Support various ticket types, pricing options, and seat selection functionality.

• Develop an intuitive online event registration system with attendee data collection and management features.

• Present transparent pricing structures, including any transaction fees, service charges, or additional costs.

The selected vendor(s) will provide secure payment processing, support for various tickets formats (e-tickets, mobile tickets, print-at-home, etc.), customizable features, a friendly user-experience, and provide valuable insight to the University.

During the selection period, potential vendors will be asked to demo their software in a sandbox environment. This includes, but is not limited to, University of Arkansas stakeholders using the system, utilizing its capabilities, and tests associated with security. This demonstration period can take up to two weeks.

3. COSTS / PRICING

Respondents must provide detailed/itemized retail pricing for each individual component, and/or the overall system, as provided with this RFP:

• Reference Appendix I – UA Event Management Price Sheet

If pricing is dependent on any assumptions that are not specifically stated on the Official Price Sheet, please list those assumptions accordingly on a separate spreadsheet and show detailed pricing.

Any additional pricing lists should remain attached to the Official Price Sheet for purposes of accurate

evaluation. Pricing must be valid for one hundred twenty (120) days following the bid Proposal due date

and time. Upon bid award, all pricing and/or discounts must be firm for a period of two (2) years.

UA will not be obligated to pay any costs not identified on the Official Price Sheet. Respondents

must certify that any costs not identified by the Respondent, but subsequently incurred in order to achieve

successful operation of the service, will be borne by the Respondent. Failure to do so may result in

rejection of the Proposal.

Any pricing and/or revenue offerings in a Proposal may be considered a final offer by UA, whether stated as amounts or percentages, and/or whether or not offered on an all-or-none basis, unless otherwise specified in the Proposal. UA may accept or reject in part or entirely a Proposal’s pricing and/or revenue offerings, unless otherwise specified in the Proposal. A Proposal’s pricing and/or revenue offering may not be modified after Opening unless the UA, at its sole discretion, permits such modification. The UA may reject any Proposal in which the pricing and/or revenue offering does not conform to the prescribed manner and method in this RFP.

4. QUESTIONNAIRE

A. Supplier Information and Account Management

1) Please provide the name, title, email address and phone number for each person in your company that will have contact with UA during this RFP process.

2) Does your company have experience working with clients like the University of Arkansas? Please provide a summary of your experience providing relevant services to customers of similar size.

3) Please describe your new account onboarding process. Please provide a list of self-service tools or resources that are available after onboarding (e.g., order tracking, online self-service portal, etc.)

4) Please describe your reporting capabilities. Are you able to provide customized reports? (e.g., service level reporting, transaction summary reporting, etc.)

5) Please submit proposed Key Performance Indicators (KPI’s) that can be considered as criteria for supplier evaluations during a contract term.

6) Please describe SLAs for response times and contingency plans for urgent matters, should the primary representative be unavailable.

B. Security and Compliance

1) How does your system ensure the security and encryption of sensitive data, such as customer payment information?

2) Can you describe the process for achieving and maintaining PCI compliance within your system? (also, HIPAA and FERPA, when applicable)

3) Please detail your data retention policy. How do you assure that personal information is deleted per federal regulations? Do you have the ability to automatically delete personal health information?

4) Please confirm if you can provide HECVAT and VPAT .

5) Where is the data stored and protected within your system?

6) What security measures are in place to safeguard sensitive information?

7) Is data hosted within the United States to comply with data privacy regulations?

8) What options are available for collecting attendee data during the registration process?

9) Who owns the data collected through the system, and what are the data usage policies?

10) How do you ensure PII privacy throughout the secure ticket scanning process?

C. System Functionality and Features:

1) What features does your system offer, and how can they specifically cater to the needs of universities and their events?

2) Does your system support various types of events typically held by universities, such as camps, conferences, seminars, workshops, and concerts?

3) Can your system handle complex event structures, including multi-day events, parallel sessions, repeat events, and different ticket types (e.g., student, faculty, general public)?

4) How does your system handle reserved seating and seat selection? Is it possible to assign specific seats for certain events or venues? Does your system support mobile ticketing and digital ticket purchase and delivery? Please describe how attendees access their tickets using mobile devices.

5) Please describe the account recovery process for all customers. Are multiple recovery options offered? (e.g. email, SMS/phone number, security question, etc)

6) Please confirm if your system supports user-purchases throughout guest checkout (Y/N). If so, please describe how the guest checkout process differs from account creation.

7) Please describe the privacy, security, and data retention policy for purchases made throughout guest checkout.

8) Does your system allow for account creation and login utilizing social logins? (Y/N). If so, please provide the social platforms that are supported. (ex: Google, Facebook, etc.)

9) Does the system have the capability for users to resume progress when a form is partially completed? If so, please describe how the data collected is stored and secured.

10) Please detail the process to rectify accidental customer purchases (e.g., accidentally purchasing (2) two tickets instead of (1) one ticket)

11) Is the application cloud-hosted?

12) If ticket scanners are included, please specify scanner details and the hardware required for the event management application. Please specify the Wi-Fi compatibility for each unique scanner/model (ex: Wi-Fi 2-4 compatible)

13) It is preferred that the responding party must be able to integrate with Cashnet using multiple Cashnet merchant codes/item codes (ex: Preforming Arts=Cashnet1, Engineering=Cashnet2). Please confirm if you can meet this requirement (Y/N).

• Requirement to connect to a secondary gateway Cybersource

• Any Payment services beyond the stated above must be able to connect to a First Data and will have to be disclosed at in the RFP proposal.

14) Please confirm if ticket access can be customized and limited per department (Y/N). If so, please describe the process of customizing access per department.

15) Please detail how roles are handled between users. Who has access to update/modify roles? Please detail the process to update roles.

16) Does the system support partial payment? If so, please describe how the data collected is stored and secured.

D. Integration and Customization:

1) Does your system offer integration capabilities with existing university systems, such as event websites, CRM platforms, Azure AD, or student information systems?

2) Please describe the process for the university to customize entry forms. Will the University have the capability to create forms during sandbox testing/vendor demos?

3) Can the system be customized to match the university's branding guidelines, including the event website and ticket design?

4) How does your system handle data synchronization and ensure that attendee information is accurately transferred between systems?

5) Please confirm whether admins and internal customers will be able to log into the system through Azure SSO. (Y/N)

6) Please detail the data fields available within customizable reports. Will the University have the ability to export data? Is there a mobile app that can be integrated for event management?

7) Please confirm app system compatibility (IOS, Android, etc).

8) Do you provide multiple customizable seating/table charts with the ability to allow customers to choose seats/tables?

E. Ticket Sales

1) Please describe the technology required to support on-site and cash sales.

2) How does the system support multiple event types, such as conferences, and concerts?

3) Can the system accommodate different ticket types, such as general admission, VIP, or discounted tickets?

4) How does the system handle refund, cancellations, and exchanges?

5) Is there a limit on the number of tickets that can be sold or registered for a particular event?

6) Is there a feature for group registration, allowing multiple individuals to register together?

7) Does the system offer promotional code functionality for discounts, special offers, fee waivers, etc?

8) Can attendees easily transfer their tickets to another person if they are unable to attend?

9) How does the system handle waitlists for sold-out events?

10) Will the university have the ability to customize fees? For example, overwriting seating/pricing plans and adjusting university fees?

11) Can the system provide real-time reporting and analytics on ticket sales and attendee data?

12) Do system administrators have the ability to see customers' carts and orders and emulate users to complete tasks for them if needed?

13) Is there an option to set up ticket limits for specific customer segments or ticket types?

14) Is there a feature for automatic waitlist?

15) Can the system integrate with social media platforms for event promotion and sharing?

16) Does the system provide an RSS feed to display events on other university websites?

F. Payment Processing and Financial Management:

1) What payment options does your system support, and which payment gateways are integrated?

2) Does the system provide detailed financial reporting and analytics to help track ticket sales, revenue, and refunds?

G. Attendee Experience and Communication:

1) How does your system facilitate attendee registration and check-in processes? Please describe how attendees easily register for events and receive electronic tickets?

2) Does your system offer attendee communication tools, such as email notifications, event updates, and reminders? Does the system have the availability to schedule and send manual email confirmations, notifications, reminders to customers and admins? Does the system have the ability to email individual invoices one at a time, or in bulk?

3) Can the system generate attendee badges or wristbands for easy identification and access control?

4) Does the system support e-signatures, or integrate with DocuSign or Adobe Sign?

H. Customer Support and Training:

1) What types of customer support do you offer, including technical assistance and troubleshooting?

2) Are there training resources available to help university staff members learn and utilize the system effectively?

3) Are there any additional costs associated with customer support or training?

4) How does the system handle customer account recovery? (faculty, students, alumni, and broader community)

5) Is 24/7 customer support provided? If not, please provide the customer support availability.

6) Are there any limitations as to who can contact support? Is support limited to administrators only? If so, how many support admin seats are available?

I. Pricing and Contractual Considerations:

1) What is the pricing structure for your system, including any transaction fees or service charges?

2) Are there different pricing tiers or options available, depending on the scale or complexity of the events?

3) Are there any limitations or restrictions on the number of events or tickets that can be managed within the system?

5. RESPONDENT REFERENCES

Respondents must provide a minimum of three (3) references, preferably in higher education, (including the

organization’s name, address, persons to contact, telephone numbers, and email addresses) located in the continental

United States currently served by respondent. References are to be parties who can attest to the qualifications

relevant to providing services requested. UA reserves the right to contact any references provided to evaluate the

level of performance and customer satisfaction.

• Reference Appendix II

6. MANDATORY PRE-PROPOSAL

A mandatory conference call will be held by the University of Arkansas on the date, time, and through means as specified on the cover sheet of this RFP document. The purpose of the conference will be to provide a forum for bidders to obtain clarification about the RFP prior to finalizing their responses.

Questions should be submitted to the contact listed below in advance of the scheduled conference for preparation purposes to make the best use of time during discussion. Respondents who anticipate responding to this RFP are required to participate in this pre-proposal conference to discuss information and clarifications. Proposals will NOT be considered from Respondents who have not participated in the mandatory pre-proposal conference.

To participate in the mandatory pre-proposal meeting, provide contact information to: Ellen Ferguson (ellenf@uark.edu) no later than 2:30 PM CST, July 26, 2023.

Ellen Ferguson, Procurement Coordinator

Office of Business Services

Email: ellenf@uark.edu

7. RESPONDENT’S RESPONSIBILITY TO READ RFP

It is the Respondent's responsibility to thoroughly examine and read the entire RFP document, including any and all appendices. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of goods and work involved will not be a basis for requesting extra compensation after the award of a Contract. This engagement is separate from any other engagement bidder may be currently pursuing with the University of Arkansas. Interpretation by and of the University of Arkansas is final.

8. PROJECTED TIMETABLE OF ACTIVITIES

The following schedule will apply to this RFP, but may change in accordance with the UA's needs:

Action/ Responsible Party	Date
RFP Released (UA)	6/30/2023
Submit Questions (Potential Vendors)	7/26/2023
Pre-Proposal Conference (Mandatory)	7/31/2023
Respond to Vendor Questions (UA)	8/4/2023
Proposal Submission Deadline	8/11/2023
RFP Evaluation Period	8/14 to 8/25/2023
Down-Selection / Vendor Demo	8/28 to 9/15/2023
Notification of Intent to Award	9/29/2023
Contract Negotiations Begin (upon intent to award) *	TBD
Service to Commence (upon final legislative approval, if applicable)	TBD

*UA places a value on all elements of this RFP. As such, after evaluation of Proposals and selection of Contractor(s), the UA reserves the right to further negotiate with the selected respondent on any or all elements, and to award accordingly.

9. CONTRACT TERM AND TERMINATION

The term (“Term”) of any resulting Contract will begin upon date of Contract award.  If mutually agreed upon in writing by the Contractor and UA, the term shall be for an initial period of three (3) years, with option to renew at the end of the contract term for four (4) additional years, for a combined total of seven (7) years (or 84 months). The University of Arkansas may terminate this Agreement without cause, at any time during the Term (including any renewal periods), by giving the other party thirty (30) days advance written notice of termination. Additionally, in the event of non-appropriation of funds necessary to fulfill the terms and conditions of this Agreement during any period of the Term (including any renewal periods), the parties agree that this Agreement shall automatically terminate without notice.

a) If at any time the services become unsatisfactory, UA will give thirty (30) days written notice to the Contractor. If at the end of the thirty (30) day period the services are still deemed unsatisfactory, the Contract shall be cancelled by UA, Office of Business Affairs. Additionally, the Contract may be terminated, without penalty, by UA without cause by giving thirty (30) days written notice of such termination to Contractor.

b) Upon award, the agreement is subject to cancellation, without penalty, either in whole or in part, if funds necessary to fulfill the terms and conditions of this Contract during any biennium period of the Term (including any renewal periods) are not appropriated.

c) In no event shall such termination by UA as provided for under this section give rise to any liability on the part of UA, its trustees, officers, employees or agents including, but not limited to, claims related to compensation for anticipated profits, lost business opportunities, unabsorbed overhead, misrepresentation, or borrowing. UA’s sole obligation hereunder is to pay Contractor for services ordered and received prior to the date of termination.

The terms, conditions, representations, and warranties contained in the Contract shall survive the termination of the Contract.

10. GENERAL INFORMATION FOR RESPONDENTS

10.1 Distributing Organization

This RFP is issued by the Office of Business Affairs at UA. The University Purchasing Official is the sole point of contact during this process. Only written communication is considered formal and can be supported throughout this process.

Respondent Questions and Addenda: Respondent questions concerning all matters of this RFP should be sent via email to: Ellen Ferguson, Procurement Coordinator

Office of Business Services

Email: ellenf@uark.edu

Questions received via email will be directly addressed via email, and compilation of all questions and answers (Q&A), as well as any revision, update and/or addenda specific to this RFP solicitation will be made available on HogBid, the UA bid solicitation website: http://hogbid/ . During the time between the bid opening and contract award(s), with the exception of Respondent’s questions during this process, any contact concerning this RFP will be initiated by the issuing agency and not Respondent. Specifically, the persons named herein will initiate all contact.

Respondents shall not rely on any other interpretations, changes, or corrections. It is Respondent's responsibility to thoroughly examine and read the entire RFP document and any Q&A or addenda to this RFP. Failure of Respondents to fully acquaint themselves with existing conditions or information provided will not be a basis for requesting extra compensation after the award of a Contract.

10.2 Agency Employees and Agents

Contractor shall be responsible for the acts of its employees and agents while performing services pursuant to the terms of any Contract. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons or property while on the UA premises. Contractor shall be responsible for all damages to persons or property on and off campus caused solely or partially by Contractor or any of its agents or employees. Contractor’s employees shall conduct themselves in a professional manner and shall not use UA’s facilities for any activity or operation other than the operation and performance of services as herein stated. UA reserves the right to deny access to any individual. The following conduct is unacceptable for Contractor’s employees and agents: foul language, offensive or distasteful comments related to age, race, ethnic background or sex, evidence of alcohol influence or influence of drugs, refusal to provide services requested, refusal to make arrangements for additional services needed and general rudeness. Contractor shall require standard criminal background checks on all employees of the Contractor’s business in advance of the performance of any on-campus duties. Employees whose background checks reveal felony convictions of any type are to be either removed from all support activities on the UA campus or reported to UA for review and approval in advance of the performance of any on-campus duties.

10.3 Tobacco Free Campus

Smoking and the use of tobacco products (including cigarettes, e-cigarettes, cigars, pipes, smokeless tobacco, and other tobacco products) by students, faculty, staff, contractors, and visitors, are prohibited at all times on and within all property, including buildings, grounds, and facilities, owned or operated by UA, including all vehicles on UA property.

10.4 Disputes

Contractor and UA agree that they will attempt to resolve any disputes in good faith. Contractor and UA agree that the State of Arkansas shall be the sole and exclusive jurisdiction and venue for any litigation or proceeding that may arise out of or in connection with any Contract. The Respondent acknowledges, understands and agrees that any claims, demands, suits, or actions for damages against UA may only be initiated and pursued in the Arkansas Claims Commission, if at all. Under no circumstances does UA agree to binding mediation or arbitration of any disputes or to the payment of attorney fees, court costs or litigation expenses.

10.5 Conditions of Contract

Contractor shall at all times observe and comply with federal and Arkansas State laws, local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of the Contract which in any manner affect the completion of work. Contractor shall indemnify and hold harmless UA and all its trustees, officers, employees, volunteers, students, and agents against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor of the Contractor.

To the extent Contractor shall have access to, store or receive student education records, Contractor agrees to abide by the limitations on use and re-disclosure of such records set forth in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99. Contractor agrees to hold student record information in strict confidence and shall not use or disclose such information except as authorized in writing by UA or as required by law. Contractor agrees not to use the information for any purpose other than the purpose for which the disclosure was made. Upon termination, Contractor shall return all student education record information or provide evidence that it was destroyed within thirty (30) days.

Compliance with digital accessibility standards. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals with disabilities with access to information technology purchased in whole or in part with state funds. Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web‐based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with disabilities.

ACCORDINGLY, CONTRACTOR SHALL EXPRESSLY REPRESENT AND WARRANT to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (“VPAT”) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web‐based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

‐ Providing, to the extent required by Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non‐visual means;

‐ Presenting information, including prompts used for interactive communications, in formats intended for non‐visual use;

‐ After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired;

‐ Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

‐ Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;

‐ Integrating into networks used to share communications among employees, program participants, and the public; and

‐ Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

If the information technology product or system being offered does not completely meet these standards, the Respondent must provide an explanation within the VPAT detailing the deviation from these standards.

State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. If products are reasonably available that meet some but not all of the standards, the agency must procure the product that best meets the standards or provide written documentation supporting selection of a different product, including any required reasonable accommodations.

For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2019.

If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

10.6 Contract Information

Respondents should note the following regarding the State’s contracting authority and amend any documents accordingly. Failure to conform to these standards may result in rejection of Respondent’s bid:

A. The State of Arkansas may not contract with another party to perform any of the following:

1. Pay any penalties or charges for late payment or any penalties or charges which in fact are penalties for any reason.

2. Indemnify or defend that party for liability or damages. Under Arkansas law UA may not enter into a covenant or agreement to hold a party harmless or to indemnify a party from prospective damages.

3. Pay all sums that become due under a contract upon default.

4. Pay damages, legal expenses, attorneys’ fees or other costs or expenses of any party.

5. Conduct litigation in a place other than the State of Arkansas.

6. Agree to be subject to or bound by governing law, jurisdiction, or venue of any state, country or province other than the State of Arkansas.

7. Agree to any provision of a contract that violates the laws or constitution of the State of Arkansas.

B. A party wishing to contract with UA should:

1. Remove any language from its contract which grants to it any remedies other than:

• The right to possession.

• The right to accrued payment.

• The right to expenses of de-installation.

2. Include in its contract that the laws of the State of Arkansas govern the contract and that the State of Arkansas is the exclusive jurisdiction and venue for any and all claims, disputes, actions or suits between the parties or related to the Contract.

3. Include in its Contract that the UA is an instrumentality of the State of Arkansas entitled to sovereign immunity from suit and that all claims, demands, suits, or actions for loss, expense, damage, liability or other relief, either at law or in equity, against UA or its trustees, officers, employees, volunteers, students, agents or designated representatives acting within the official scope of their position, must be brought before the Claims Commission of the State of Arkansas.

4. Include in its Contract all other terms and conditions stated in this RFP.

5. Acknowledge in its contract that contracts become effective when awarded by UA Purchasing Official.

10.7 Reservation

This RFP does not commit UA to award a contract, to pay costs incurred in the preparation of a Proposal to this request, or to procure or contract for services or supplies. UA reserves the right to accept or reject (in its entirety), any Proposal received as a result of this RFP, if it is in the best interest of UA to do so. In responding to this RFP, respondents recognize that UA may make an award to a primary Respondent; however, UA reserves the right to purchase like and similar services from other agencies as necessary to meet operation requirements.

10.8 Qualifications of Respondent

UA may make such investigations as deems necessary to determine the ability of Respondents to meet all requirements as stated within this RFP, and Respondent shall furnish to UA all such information and data for this purpose that UA may request. UA reserves the right to reject any bid if the evidence submitted by, or investigations of, such Respondent fails to satisfy UA that such Respondent is properly qualified to carry out the obligations of the Contract.

10.9 Non Waiver of Defaults

Any failure of UA at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of the Contract shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of UA at any time to avail itself of same.

10.10 Independent Parties

Contractor acknowledges that under the Contract it is an independent contractor and is not operating in any fashion as the agent of UA. The relationship of Contractor and UA is that of independent contractors, and nothing in this contract should be construed to create any agency, joint venture, or partnership relationship between the parties.

10.11 Governing Law

This RFP, any resulting Contract and all performance thereunder, transactions and subsequent amendments thereto between Respondent(s) or Contractor(s) and UA shall be governed and construed in all aspects in accordance with the laws of the State of Arkansas without regard to its choice of law principles (including without limitation any and all disputes, claims, counterclaims, causes of action, suits, rights, remedies, promises, obligations, demands, and/or defenses related thereto that may be asserted by either party). The parties agree that the State of Arkansas shall be the sole and exclusive venue and jurisdiction for any litigation or proceeding that may arise out of or in connection with this RFP or any Contract with UA. The parties waive any objection to the laying of jurisdiction and venue of any claim, action, suit or proceeding arising out of the Contract or any transaction contemplated hereby, in the State of Arkansas, and hereby further waive and agree not to plead or assert that any claim, action, suit or proceeding has been brought in an inconvenient forum. Nothing contained herein shall be deemed or construed as a waiver of any immunities to suit available to UA or its trustees, officials, employees and representatives. In no event shall UA or any of its current and former trustees, officials, representatives and employees (in their official or individual capacities) be liable to Respondent(s) or Contractor(s) for special, indirect, punitive, or consequential damages, attorneys’ fees or costs or any damages constituting lost profits or lost business opportunities.

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