737086 - Utility Accounting & Energy Management Platform System

Agency: University of Arkansas
State: Arkansas
Type of Government: State & Local
NAICS Category:
  • 541330 - Engineering Services
  • 541511 - Custom Computer Programming Services
  • 541512 - Computer Systems Design Services
  • 541519 - Other Computer Related Services
Posted Date: Sep 24, 2020
Due Date: Oct 16, 2020
Solicitation No: 737086
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
closing date information award scoring & tabulation award status
10/16/20

737086 - Utility Accounting & Energy Management Platform System

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Request for Proposal (RFP)

RFP No. R737086

Utility Accounting and Energy Management Platform System

PROPOSAL RELEASE DATE: Monday, September 14, 2020

MANDATORY PRE-PROPOSAL

CONTACT INFORMATION TO

BE SENT TO ELLEN FERGUSON: ellenf@uark.edu

(reference SECTION 14 Mandatory Pre-Proposal Meeting)

MANDATORY PRE-PROPOSAL

CONTACT INFORMATION DUE DATE: Monday, September 21, 2020

CONTACT INFORMATION DUE TIME: 12:00 PM CST

(reference SECTION 14 Mandatory Pre-Proposal Meeting)

MANDATORY PRE-PROPOSAL

TELE-CONFERENCE: Thursday, September 24, 2020 10:00 AM CST

(reference SECTION 14 Mandatory Pre-Proposal Meeting)

PROPOSAL DUE DATE: Friday, October 16, 2020

PROPOSAL DUE TIME: 2:30 PM CST*

SUBMIT ALL PROPOSALS TO: University of Arkansas

Business Services

Administration Bldg, Rm 321

1125 W Maple St

Fayetteville, AR 72701

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 1125 West Maple Street, Administration Building 321, Fayetteville, AR 72701 prior to the time and date specified in the Request for Proposal. VENDOR NAME, BID NUMBER, AND BID OPENING DATE MUST BE CLEARLY NOTED ON OUTSIDE OF PACKAGE IN ORDER FOR BID TO BE ACCEPTED.

COVID-19 TEMPORARY CONSIDERATIONS:

• Under current circumstances and restrictions with COVID-19, UPS, FedEx, and DHL will be delivering packages directly to UA Mailing Services for delivery to Business Services.

• 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.

• This specific bid opening event is scheduled for access via Webex:

Friday, October 16, 2020 2:30 PM CST | 1 hour

Meeting number: 809 103 155

Password: Hudson

https://uark.webex.com/uark/j.php?MTID=m08963e6c16bf8b1de245f612f45cf6d1

Join by phone

+1-415-655-0001 US Toll

Access code: 809 103 155

INTERGOVERNMENTAL/COOPERATIVE USE OF COMPETITIVELY BID PROPOSALS AND CONTRACTS:

In accordance with Arkansas Code Annotated § 19-11-249, any State public procurement 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 or UA), 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 more than 200 academic programs. As of Fall 2019, student enrollment totaled approximately 27,559. The faculty count totaled 1,401 and the staff count totaled 3,227. 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 Facilities Management (“FAMA”), located in Fayetteville, Arkansas (“UA”) is seeking bid Proposals from qualified and reputable Respondents, to provide an energy & utility management information system solution for UA that will meet or exceed current core functions and meet future needs of UA (“System Solution”), pursuant to the specifications, terms and conditions stated in this RFP (“Proposal(s)”).

UA is seeking to award a term contract for a System Solution, to replace the current energy & utility management system, to a Respondent that can provide the best overall value to UA. 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. Respondents must submit a Proposal for all the services entailed in this RFP.

FAMA currently processes utility accounts for over 200 properties across more than 6,000,000 square feet of building space and anticipates future growth. The campus “system” is comprised of, but not limited to, Education and General, Athletics, Housing, Dining, among other groups of spaces (the “Environment”). The Environment employs a complex multi-tier rate strategy.

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.

UA expects to achieve the following goals (at minimum) through the selected Respondent:

1. Obtain a System Solution fully deployed and operational which best meets the overall goals and financial objectives of UA.

2. Accountability and desire to work together to form a mutually beneficial System Solution implementation, pre and post go-live long-term partnership.

3. Proactive in communicating and following up on issues and working to find areas of improvement.

4. Achieve cost containment by carrying out a risk-based approach that finds the proper balance in service and cost.

2. SCOPE OF WORK

The System Solution shall, at a minimum:

Integrate all aspects of energy and utility management information services, including but not limited to, maintaining accounts, billing and collection, interface to meter reading system both manual and automated, payment interfaces, customer web access, logging, tracking, reporting, analyzing, and forecasting energy consumption and production for the UA campus Environment.

Be based on proven solutions that use current technologies able to meet UA’s needs. The Respondent’s System Solution shall provide all required hardware and software. Where economically and functionally possible, the Respondent should make use of existing hardware equipment for the operating environment and user access. The Respondent must identify any licensing requirements for the applications and related System Solution tools being developed under this Proposal. Respondents should take into consideration any warranties in effect. The System Solution shall also include, but is not limited to, System Solution maintenance, support, updates, patches and documentation.

Provide certain professional services, including but not limited to, project management services, such as, planning and executing all phases of the System Solution life cycle. This includes, but is not limited to, System Solution implementation, integration, installation, data conversion, testing, training, documentation, customization and deployment planning and execution. Project management services also include, but are not limited to, a project manager dedicated and available for the entire duration of the project. This project manager shall only be replaced upon approval by UA.

Meet the high-level goals which include, but are not limited to the following:

1. Facilitate the analysis and processing of utility invoices;

2. Support internal monthly utility accounting such as allocation to various cost centers;

3. Provide reporting tools to transmit information to UA’s financial software;

4. Facilitate analysis and possible reduction of utility costs;

5. Provide reporting tools to track and manage carbon footprint;

6. Increase awareness of energy, environmental and sustainability impacts for stakeholders;

7. Provide actionable information that will enhance and improve business decision making;

8. Facilitate ranking and prioritization of energy conservation projects, thus reducing capital risk;

9. Provide means to measure and validate results of energy projects;

10. Improve energy forecasting accuracy and energy budget certainty;

11. Provide benchmarking, individualized dashboards and Key Performance Indicators;

12. Allow the interface/integration of data between other systems including but not limited to JCI Metasys, Schneider SPM, Emerson Delta V, UA’s Room Use Survey System (RUSS) and Workday;

13. Allow for single sign on through Microsoft Active Directory;

14. Provide web-based Public Facing Dashboard to allow broader range of users to access system data; and

15. Provide a database which would act as a single repository for data which would come from various sources.

The successful Respondent shall assume, at a minimum, responsibility for a fully deployed and operational System Solution that includes, but is not limited to, project management, installation, conversion, implementation, training and support that meets the specifications of this RFP.

3. COSTS / PRICING

Respondents must provide detailed/itemized retail pricing for each individual component, and/or the overall system, as listed on the Official Bid Price Sheet provided within this RFP document (reference APPENDIX I Official Bid Price Sheet). If pricing is dependent on any assumptions that are not specifically stated on the Official Bid 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 Bid 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 Bid 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.

4. 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 Respondent Information/Reference.

5. 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.

6. PROJECTED TIMETABLE OF ACTIVITIES

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

Monday, September 14, 2020 RFP released to prospective respondents

Monday, September 21, 2020 Contact information due date 12:00 PM CST

Thursday, September 24, 2020 Mandatory Pre-Proposal Meeting

(reference SECTION 14 Mandatory Pre-Proposal Meeting)

Thursday, October 1, 2020 4:00 PM CST - Last date/time UA will accept questions

Thursday, October 8, 2020 Last date UA will issue an addendum

Friday, October 16, 2020 Proposal submission deadline 2:30 PM CST

Note: Attendance at RFP opening is not required. No award will be made. Only names of respondents, and a preliminary determination of proposal responsiveness, will be made at this time.

Thursday, October 29, 2020 Vendor Presentations (if necessary)

Thursday, November 5, 2020 Notice of Intent to Award

Upon Intent to Award TBD* Contract Negotiations Begin

Upon Contract Approval: Service to Commence within ten (10) calendar days after it receives notice from UA that the Contract has received legislative approval, if necessary, or the final Contract has been signed by both parties, whichever is later (the “Commencement Date”).

* 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.

7. 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 three (3) years, with option to renew on an annual basis 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.

d) Time of performance. Contractor must begin performance of the Contract resulting from this RFP within ten (10) calendar days after it receives notice from UA that the Contract has received legislative approval, if necessary, or the final Contract has been signed by both parties, whichever is later (the “Commencement Date”). Contractor must diligently perform and complete the implementation work within six (6) months from the Commencement Date. Extension of time of performance may be made only upon UA’s written consent.

e) Time is of the essence. Time is of the essence in the Contractor’s performance of the resultant Contract. If the Contractor is not able to meet deadlines stated herein, UA reserves the right to terminate the Contract and contract with a third-party to complete the work. In such an event, the Contractor shall be responsible to UA for any amounts paid by UA for the work in excess of the amount UA agreed to pay Contractor for performance of the work. UA will invoice the Contractor for said amount, and the Contractor shall have thirty (30) days from the date of the invoice to make full payment to UA. This amount is in addition to the liquidated damages owed by Contractor to compensate UA for damages caused by the delay, as provided in the RFP Standard Terms and Conditions.

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

8. GENERAL INFORMATION FOR RESPONDENTS

8.1 Distributing Organization

This RFP is issued by the Office of Business Affairs at UA. The UA 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

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.

8.2 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.

8.3 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.

8.4 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.

8.5 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.

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 who are blind or visually impaired 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 visual impairments.

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.

8.6 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.

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

8.7 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.

8.8 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.

8.9 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.

8.10 Independent Parties

Contractor acknowledges that under the Contract it is an independent vendor 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.

8.11 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.

8.12 Proprietary Information

Proprietary information submitted in response to this bid will be processed in accordance with applicable UA procurement procedures. All material submitted in response to this RFP becomes the public property of the State of Arkansas and will be a matter of public record and open to public inspection subsequent to bid opening as defined by the Arkansas Freedom of Information Act. Respondent is hereby cautioned that any part of its bid that is considered confidential, proprietary, or trade secret, must be labeled as such and submitted in a separate envelope along with the bid, and can only be protected to the extent permitted by Arkansas law.

Note of Caution:  Respondents should not attempt to mark the entire proposal as "proprietary" or submit letterhead or similarly customized paper within the proposal to reference the page(s) as "Confidential" unless the information is sealed separately and identified as proprietary.  Acceptable proprietary items may include references, resumes, and financials or system/software/hardware manuals. Costs and pricing terms are not considered as proprietary.

8.13 Disclosure

A. Contract and Grant Disclosure

Disclosure is a condition of the resulting contract and UA cannot enter into any contract for which disclosure is not made. Arkansas’s Executive Order 98-04 requires all potential contractors disclose whether the individual or anyone who owns or controls the business is a member of the Arkansas General Assembly, constitutional officer, state board or commission member, state employee, or the spouse or family member of any of these. If this applies to Respondent’s business, Respondent must state so in writing.

B. Respondent Conflict of Interest Form

Only when applicable, for any RFP that requires the disclosure of existing conflict of interest circumstances, Respondent should complete the Bidder Conflict of Interest Form and submit with bid Proposal. It is the responsibility of Respondent desiring to be considered for a bid award to complete and return this form, along with the Contract and Grant Disclosure and Certification Form. The purpose of these forms is to give Respondent an opportunity to disclose any actual or perceived conflicts of interest. The determination of UA regarding any questions of conflict of interest shall be final.

8.14 Proposal Modification

Proposals submitted prior to the Proposal opening date may be modified or withdrawn only by written notice to UA. Such notice must be received by the UA Purchasing Official prior to the time designated for opening of the Proposal. Respondent may change or withdraw the Proposal at any time prior to Proposal opening; however, no oral modifications will be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Proposal that are addressed in the same manner as the Proposal and that are received prior to the scheduled Proposal opening time will be accepted. The Proposal, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope that is clearly marked with the RFP number and “Modification of Proposal”. No modifications of the Proposal will be accepted at any time after the Proposal due date and time.

8.15 Prime Contractor Responsibility

Single and joint Respondent bids and multiple bids by Respondents are acceptable. However, the selected Respondent(s) will be required to assume prime contractor responsibility for the Contract and will be the sole point of contact with regard to the award of this RFP.

8.16 Period of Firm Proposal

Prices for the proposed services must be kept firm for at least one hundred twenty (120) days after the Proposal Due Date specified on the cover sheet of this RFP. Firm Proposals for periods of less than this number of days may be considered non-responsive. The Respondent may specify a longer period of firm price than indicated here. If no period is indicated by the Respondent in the Proposal, the price will be firm for one hundred twenty (120) days or until written notice to the contrary is received from the Respondent, whichever is longer.

8.17 Warranty

The must:

A. Define the provisions of the warranty regarding response time for service and support.

B. Define the provisions of the warranty regarding system up time including maintenance windows.

C. Outline the standard or proposed plan of action for correcting problems during the warranty period.

D. Respondents must itemize any components, services, and labor that are excluded from warranty.

(reference APPENDIX III Response Template)

8.18 Errors and Omissions

The Respondent is expected to comply with the true intent of this RFP taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Respondent suspect any error, omission, or discrepancy in the specifications or instructions, the Respondent shall immediately notify the UA Purchasing Official, in writing, and UA shall issue written instructions to be followed. The Respondent is responsible for the contents of its Proposal and for satisfying the requirements set forth in the RFP.

8.19 Award Responsibility

The UA Purchasing Official will be responsible for award and administration of any resulting Contract(s). UA reserves the right to reject any or all bids, or any portion thereof, to re-advertise if deemed necessary, and to investigate any or all bids and request additional information as necessary in order to substantiate the professional, financial and/or technical qualifications of the Respondent(s).

Contract(s) will be awarded to the Respondent(s) whose proposal adheres to the conditions set forth in the RFP, and in the sole judgment of UA, best meets the overall goals and financial objectives of UA. A resultant Contract will not be assignable without prior written consent of both parties.

8.20 Confidentiality and Publicity

From the date of issuance of the RFP until the opening date, the Respondent must not make available or discuss its Proposal, or any part thereof, with any trustee, official, employee or agent of UA. The Respondent is hereby warned that any part of its Proposal or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by law. All material submitted in response to this RFP becomes the property of UA.

News release(s) by a Respondent pertaining to this RFP or any portion of the project shall not be made without prior written approval of the UA Purchasing Official. Failure to comply with this requirement is deemed to be a valid reason for disqualification of the Respondent’s bid. The UA Purchasing Official will not initiate any publicity relating to this procurement action before the Contract award is completed.

Employees of the Contractor may have access to records and information about UA processes, employees, including proprietary information, trade secrets, and intellectual property to which UA holds rights. Contractor agrees to keep all such information strictly confidential and to refrain from discussing this information with anyone else without written authorization from an authorized official of UA.

8.21 Respondent Presentations

UA reserves the right to, but is not obligated to, request and require that final contenders determined by the Evaluation Committee provide a formal presentation of their Proposal at a date and time to be determined by the Evaluation Committee. Respondents are required to participate in such a request if the UA chooses to engage such opportunity.

8.22 Excused Performance

Notwithstanding any other provisions in this RFP or any resultant Contract, in the event that the performance of any terms or provisions of this RFP or any resultant Contract shall be delayed or prevented because of compliance with any law, decree, or order of any governmental agency or authority, either local, state, or federal, or because of riots, war, acts of terrorism, public disturbances, unavailability of materials meeting the required standards, strikes, lockouts, differences with workmen, fires, floods, Acts of God, or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, such party is unable to prevent (the foregoing collectively referred to as “Excused Performance”), the party so interfered with may at its option suspend, without liability, the performance of its obligations during the period such cause continues, and extend any due date or deadline for performance by the period of such delay, but in no event shall such delay exceed six (6) months.

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