The Regents of the University of California
REQUEST FOR PROPOSAL #0815RCK
UC Irvine Extension
Hosting and Support for Moodle
Date Issued: June 18, 2012
Issued By:
The Regents of the University of California
RFP Administrator:
Ralph C. Kupcha
Senior Buyer
University of California, Irvine
Materiel and Risk Management
Irvine, CA 92697-4530
(949) 824- 5823
rckupcha@uci.edu
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Basic information
Contact information for technical questions
Contact info for commercial questions
Stefano Stefan, Director of Online Program Development,
949-824-1367
Jill James, Director of Information Technology, 949-8246411.
Bob Rude, Assistant Dean, 949-824-6598
How to send in the RFP and the requested
format
Send the completed RFP with pricing as a separate
document via Email:
rckupcha@uci.edu
Mail: Ralph C. Kupcha
Senior Buyer
University of California, Irvine
Materiel and Risk Management
Irvine, CA 92697-4530
Number of days the proposal should be valid 120 days
Background information on the company
Provides Distance Learning to over 40,000 students
annually.
Finance
Bob Rude, Assistant Dean
Extent and target
Background information on the project
Target of the project
Extent/Scope, what is included and not?
The UC Irvine DLC is requesting bids for:
1. A fully hosted Moodle 2.2 or later LMS
installation
2. 24/7 technical and functional support
3. Enhanced and integrated reporting and content
management functionality
4. Testing and installation of Moodle plug-ins as
requested
5. Migration of current 1.9.7 complete database
(content, courses, user data) to Moodle 2.2 (or
later)
6. Custom single sign-on capability between the UCI
Extension student and instructor database
“Power Campus” and Moodle
7. Annual or more frequent Moodle version
upgrades
Complete hosting including technical services and
support of Moodle 2.2 and higher;
Single Sign-On customization linking Ellucian (formerly
SunGard) PowerCampus to the DLC Moodle online course
platform
Included: Hosting, technical support, security patches,
version migration, SSO, enhanced functionalities,
installation of plug-ins.
Not included: Training of instructors
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Background information on the company
Time frame
Date for pre-proposal meeting.
Last date for submitting questions.
Timeframe for decision-making and
awarding contract.
Timeframe for delivering
samples/prototypes.
Date for start of production (SOP)
Timeframe for delivering
samples/prototypes.
Date for phasing out the product.
Design information and requirements
Basic problem to solve
What is the function of the component or
system?
What systems and products is the
component connected to?
What are the limits in space?
Design, look and feel.
The UC Irvine Distance Learning Center is administered
by UC Irvine Extension but serves all of the UCI campus
with distance learning expertise, course development,
and online course delivery services. The University of
California, Irvine’s Extension department is one of the
nation's top continuing educational providers for both
on-site and online programs. UCI Extension also manages
the university Summer Session. Extension and Summer
Session provide education to over 40,000 students each
year through Continuing Education, Summer Sessions,
and international programs.
Week of June 27, 2012
Week of June 27, 2012
Month of August 2012
Month of October 2012
Month of September 2012
Month of October 2012
n/a
Retain Hosting and Technical Support; Migrate current
Moodle 1.9.7 to Moodle 2.x; Develop Single Sign-on login
from PowerCampus to Moodle for Extension and
Summer Session.
PowerCampus stores course information on students and
instructors, and their related online courses.
PowerCampus and Moodle 1.9.7.
No limits
Modernize Moodle Theme and provide UCI branding
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Table of Contents
EXECUTIVE SUMMARY ........................................................................................................... 5
BACKGROUND ....................................................................................................................... 5
Profile of University of California, Irvine Extension ..........................................................................5
RFP Description ..............................................................................................................................6
BIDDER INSTRUCTIONS ..................................................................................................... 6
Notice of Intent to Respond ............................................................................................................7
Mandatory Bidder’s Conference .....................................................................................................7
Bid Acceptance...............................................................................................................................7
Correspondence/Notifications ........................................................................................................7
Withdrawals or Modifications of the RFP ........................................................................................7
Withdrawals or Modification of Bids ...............................................................................................8
Submittal Costs ..............................................................................................................................8
Disclosure of Records/Confidentiality of Information ......................................................................8
Proposal Acceptance Period ...........................................................................................................8
Alternative Proposals .....................................................................................................................8
Initial Contract Term and Extensions ...............................................................................................9
Pricing............................................................................................................................................9
Audit Requirements .......................................................................................................................9
Marketing References ....................................................................................................................9
VENDOR QUALIFICATIONS……………………………………………………………………………………………………10
Hosting and Support Capabilities .................................................................................................. 11
Highly Desired Capabilities ........................................................................................................... 14
Basic Capabilities................................................................................................................................. 14
Basic Requirements…..........................................................................................................................11
Enhanced Capability Requirements .................................................................................................... 15
Cost of Services ................................................................................................................................... 16
Other ................................................................................................................................................... 16
REFERENCES ........................................................................................................................ 16
PROJECT MILESTONES AND TIMELINE .................................................................................. 16
EVALUATION PROCESS ........................................................................................................ 17
Scoring ......................................................................................................................................... 17
University of California Terms and Conditions of Purchase ............................................................ 17
EXHIBIT 1: Data Security and Privacy.................................................................................... 18
EXHIBIT 2: Instrumenting the LMS ....................................................................................... 22
Access .................................................................................................................................................. 22
Participation ........................................................................................................................................ 22
Student Performance .......................................................................................................................... 23
Filtering ............................................................................................................................................... 23
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EXHIBIT 3: UC Service Agreement ........................................................................................ 24
EXHIBIT 4: Notice of Intent to Respond ................................................................................ 31
EXECUTIVE SUMMARY
The University of California, Irvine (UCI) Distance Learning Center (DLC) is seeking proposals from
qualified entities for hosting, technical, and support services for an e-learning environment. The specific
learning management system (LMS) to be hosted is Moodle 2.x (the latest version of Release 2). Bidders
should describe how they plan to provide the requested services using either their own resources or a
combination of their own resources and those of other entities that may be specialists in specific areas.
Specific requirements and vendor criteria are described below within the main body of this document.
Bid packages should include:
1. Sample project plan
2. Timeline for completing the project
3. Estimate of how quickly work can commence once a contract is awarded
4. Information about any potential scheduling conflicts or other impediments
5. Detailed descriptions of how the bidder proposes to meet the requirements specified in this
document
6. Statement of General Capabilities
This request for proposal (RFP) is organized a follows:
 Background
 Vendor Qualifications
 Project Milestones and Guidelines
 Bidder Instructions
 Evaluation Process
 Exhibits
BACKGROUND
Profile of University of California, Irvine Extension
The University of California system is comprised of ten campuses located throughout California whose
mission is teaching, research and public service.
University Extension (UNEX) at the University of California, Irvine (UCI) is one of the nation's top
continuing education providers for on-ground and online courses, and certificate programs. UNEX
provides continuing education to over 40,000 students each year through Continuing Education,
Summer Session, and International Programs.
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The UCI Distance Learning Center is administered by UNEX but serves all of the UCI campus with
distance learning expertise, course development, and online course delivery services.
RFP Description
The UCI Distance Learning Center (DLC) is soliciting proposals from qualified bidders to implement, host,
maintain, and provide multi-tier technical support for an e-learning environment for UCI. While the
functionality and services specified in this request for proposal (RFP) may require an integration of
technologies from multiple sources, the DLC seeks to identify a single general contractor and project
manager with which to work and collaborate to provide the desired solution. A collaborative approach is
crucial as the successful bidder and the DLC will need to work together to adapt and implement the
items described in the requirements listed below.
The desired e-learning environment consists of a learning management system (LMS), which provides
virtual space for online courses, and the supporting technical infrastructure and related services needed
to keep the LMS functioning. One may think of this environment as a platform with multiple
functionalities that features a common user interface and a common user database. The successful
bidder may need to develop or procure additional components where existing components do not meet
staff, faculty, or student needs.
Users of the platform will include matriculated UCI students, UNEX continuing education students, and
students from outside the immediate UCI community (at state, national, and international levels).
BIDDER INSTRUCTIONS
Bidders interested in submitting a proposal to this RFP should follow this schedule (items due by 5:00
PM, Pacific Time):
RFP Release Date
Last day for bidders to submit notice of intent to respond
Last day for bidders to submit questions (Written)
Bidder’s conference/UCI response to questions
Last day to submit bids
Finalists notified to make presentations (if Necessary)
Contract awarded
6/18/2012
6/29/2012
7/18/2012
7/25/2011
8/15/2012
8/28/2012
9/14/2012
A bidder may be disqualified for failing to adhere to the dates and time for performance. Dates and
times are subject to change at UCI’s discretion. Specific instructions for submitting bids follow:
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Notice of Intent to Respond
Bidders intending to submit a proposal must first submit a Notice of Intent to Respond (see Exhibit 4) by
the date indicated in the schedule above. The notice should include the name and complete contact
information (office address, telephone number, and email address) of the bidder’s principal
representative who will be involved through the duration of the RFP process. Notices should be sent via
email to the RFP administrator (see cover page).
Mandatory Bidder’s Conference
A mandatory bidder’s conference will be held on July 25, 2012 at the UCI Distance Learning Center’s
office, located at 110 Theory, Suite 250, Irvine, CA 92617. Bidders must confirm their attendance via
email to rckupcha@uci.edu by July 11, 2012. Bidders who are unable to attend in person may participate
via WebEx. The DLC will provide details on times, WebEx access, etc. after receiving all notices of intent
to respond.
Bid Acceptance
Bids must be complete, submitted in the format specified, and in compliance with all specifications and
legal requirements set forth in this RFP. The DLC may reject any bids that are incomplete or nonresponsive, generally unprofessional, or late.
Correspondence/Notifications
All correspondence regarding this RFP must be written (not verbal) and delivered either via email
(preferred) or by U.S. Mail.
At the bidder’s conference, the DLC will ask each company to provide the name and contact information
of one single point of contact for all subsequent correspondence regarding this RFP. Until the award is
announced, all communications must take place only between that individual and the UNEX’s RFP
administrator (see cover sheet for complete contact information). The DLC will enforce this single-pointof-contact approach strictly to ensure equal and fair distribution of relevant information and RFP
updates to all prospective bidders.
Withdrawals or Modifications of the RFP
The DLC may modify and/or clarify the RFP document as needed. The DLC will issue modifications either
as amendments to the original document or as “Q&A” clarifications, and will send them to prospective
bidders’ single points of contact. If a bidder submits a question, the DLC will send it along with the
appropriate response to all bidders as an anonymously submitted “Q&A.”
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The DLC may extend the RFP due date for all participants in light of significant revision(s) or
amendment(s). The DLC reserves the right to withdraw or cancel the RFP at any time and to
subsequently re-issue the RFP in the same or modified format.
Withdrawals or Modification of Bids
Bidders may not modify bid documents after submitting them.
Bidders may withdraw their bids. To do so, they should submit a written request to the RFP
administrator on company letterhead signed by an authorized representative.
Submittal Costs
The DLC, UNEX, and/or UCI are not liable for any costs incurred by prospective bidders. Bidders are
responsible for all costs associated with information, proposals, evaluations, materials, visitations, and
demonstrations, and personnel furnished to comply with this RFP.
Disclosure of Records/Confidentiality of Information
Bid response(s) incorporated into any resulting contract(s) with the University of California may be
subject to the State of California Public Records Act (CA State Government Code 6250, et. seq.). This
Request for Proposal, together with copies of all documents pertaining to any award, if issued, shall be
kept for a period of five years from the date of contract expiration or termination and made part of a file
or record that shall be open to public inspection. Certain private, trade secret or confidential
information may be considered exempt from the California Public Records Act. Any trade secret or
company confidential information submitted as a part of this bid should be clearly marked “Trade Secret
Information” or “Confidential Information.”
If a bidder requests the DLC and/or UCI to provide access to information designated as confidential or a
trade secret and that request is denied, the bidder may be responsible for all legal costs necessary to
defend such action if the denial is challenged in a court of law.
Proposal Acceptance Period
Offers submitted for all items specified herein shall remain valid for at least 120 days from the RFP bid
submission due date.
Alternative Proposals
The DLC will weigh all factors noted in the RFP to determine the best course of action in awarding this
part of the DLC’s (and UCI’s) business. If a bidder sees an opportunity to propose a different, more
efficient way to structure pricing and/or services covered in the scope of the RFP while still meeting all
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stated requirements, we ask the bidder to submit this as an “Alternative Proposal.” The DLC is
committed to reviewing all proposals that meet stated requirements and which may also offer
unanticipated benefits. Only those bidders that respond to the entire RFP as written will also qualify to
bid an “alternative proposal.” Bidders may not supply only an alternative proposal.
Initial Contract Term and Extensions
It is anticipated that the initial term of any agreement resulting from this RFP will be for a period of
THREE (3) years. The University of California may, at its option, extend or renew the agreement for
additional two (2) one-year periods under the same terms and conditions.
Pricing
1. Price Quotation -The prices quoted in your proposal response shall be the UC net price for the
various services/materials. In other words, for items in the bid pricing submitted, there shall be no
separate or additional charges, fees, handling or other incidental costs following contract award.
2. Price Protection -The prices quoted in your proposal response shall be firm for at least the first
twelve (12) months of any resulting contract. Longer time periods for price protection may be
submitted as the original or as an alternative proposal to provide additional cost savings
opportunities to the University in exchange for a long-term agreement.
3. Price Submission- Bidders must submit pricing as a separate document only in their submission to
the Purchasing Contact, Ralph Kupcha, as designated earlier in this bid request.
Audit Requirements
Any agreement resulting from this Request for Proposal shall be subject to examination and audit by the
University of California, the State of California, or the University’s duly authorized third-party auditor for
a period of three (3) years after final payment. The examination and audit shall be confined to those
matters connected with the performance of the agreement, including but not limited to, the costs of
administering the agreement.
Marketing References
The successful bidder shall be prohibited from making any reference to the University of California in
any literature, promotional material, brochures, or sales presentations without the express written
consent of the University of California Office of the President, Strategic Sourcing Department.
Instructions for Submitting Proposals
Proposals must follow the format specified in this RFP. Bids must be signed by a company officer
authorized to enter into agreements on behalf of the Supplier. The submission of a signed proposal will
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confirm understanding and acceptance of all requirements, terms and conditions of the RFP unless
specific exceptions are taken and alternative language or provisions are offered and approved by UC
Irvine. Proposals must provide a complete response to all requirements stated in the RFP and comply
with the specifications and all applicable regulations. Incomplete proposals are subject to
disqualification, as they shall be deemed non-responsive.
Proposals must be submitted in a Microsoft Office Word™ format. Pricing Schedules must be submitted
in a Microsoft Office Excel™ format. Other attachments may be in other file formats, but should only use
commonly-available programs (i.e., no proprietary file extensions/programs).
Proposals shall be marked:
Name of Bidder
RFP #
Bidders must submit one (1) hardcopy proposal with pricing in a separate sealed envelope to RFP
Administrators:
Attention: Ralph Kupcha
UCI Purchasing & Contracts
University of California Irvine
250 Public Service Building
Irvine, Ca. 92697
In addition, a complete and signed electronic proposal in Microsoft Word format including a separate,
properly formatted Excel price quotation must be submitted to rkupcha@uci.edu and
smstefan@uci.edu prior to the close date/time of the RFP. Proposals sent via fax (facsimile) will be
rejected and deemed non-responsive.
Electronic Copies, Signatures, and Amendments or Changes: The parties agree that a copy of the
original signature (including an electronic copy) may be used for any and all purposes for which the
original signature may have been used. For purposes of this RFP, “original signature” shall include an ink
or digital signature.
VENDOR QUALIFICATIONS
The DLC will evaluate each bidder on several dimensions including hosting and support capabilities,
fundamental requirements, enhanced capability requirements, and cost of services. These dimensions
are described in detail below. Bidders must submit comments on their ability to satisfy each one of the
dimensions.
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Hosting and Support Capabilities
Bidders should meet a set of basic qualifications in terms of their ability to host and support the Moodle
LMS in order to receive further consideration. The DLC reserves the right to reject any proposals that
fail to meet these qualifications. In order to be considered, bidders should have or be able to
demonstrate:
1. Prior experience hosting and supporting the Moodle LMS
2. Prior experience and success upgrading Moodle 1.9 to Moodle 2.x
3. Proven success in providing 24/7 administrative and technical support
4. Access to servers, redundant storage, and a communications infrastructure appropriate for
providing the services being requested (“Access” means that the bidder may house and
maintain the technology itself in its own facilities or may use subcontracted vendors for the
technology.)
5. The ability to provide full hosting, technical, and support services for Moodle 2.x, including:
a. Nightly backups (at stated times),
b. Reliable server performance (with a goal of 99.9% up time)
c. Advance notice (preferably seven days) of scheduled site maintenance that would
require the DLC site to be down
d. Installation of updated versions of Moodle as they become available
e. Installation and maintenance of Moodle plugins (specified/requested by the DLC)
f. Configuration of Moodle and single sign-on functionality
g. Application of security patches as they become available
h. Technical, functional, and training support
i. Implementation of customizable, UCI-branded Moodle themes
j. Complete technical and functional documentation of the single sign-on functionality
k. The ability to handle 40,000 to 80,000 enrollments per year in terms of hosting capacity
and user support.
6. The knowledge and expertise needed to recommend the best procedural approach to make the
transition from Moodle 1.9.7 (currently installed) to the latest stable release of Moodle 2.x.
7. The ability to transfer existing course data to the latest stable release of Moodle 2.x in the
hosted environment:
a. The DLC will provide migration criteria specifying data to be included in the “live”
instance and data that should be archived (but be retrievable and viewable in Moodle, if
needed).
b. The successful bidder should be able to select courses based on criteria provided by the
DLC and to include only those selected courses in the final production version of Moodle
2.x. (In other words, we would like to specify course characteristics such as date of
creation, date of offering, character string in a course title, etc. and have only those
courses appear in Moodle 2.x.)
8. The ability to provide technical and help desk support services:
a. Help desk ticket system accessible via telephone and email, on a 24/7 basis. Target
response times are as follows:
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

SSO failure: within one hour
Core Moodle function failure (quizzes, applications, etc. not working or entire
course/site unavailable): within two hours
 Requests for Moodle enhancements (such as the addition of plug-ins) including
reporting: within 24 hours
b. Operational support:
 Implement security patches and security-related upgrades on all components of
the system (including the LMS, plug-ins, server software, database software,
communications software, etc.); security-related work should be completed
within 72 hours of patch release.
 Implement bug fixes with turn-around times to be specified according to the
degree to which the bug impacts functionality. (For example, critical bug fixes
should be implemented within seven days; non-critical bug fixes should be
implemented at the time of the next scheduled update.)
 Employ a tiered system (e.g. tier 1, tier 2, tier 3 or equivalent) for classifying the
severity of technical issues and publish guaranteed response times for each tier.
Specify whether support services are handled in-house or outsourced. Unlimited
support for high-severity issues (e.g. system failure, severe performance
degradation, site unavailability, etc.) should be provided 24/7.
 Employ appropriate monitoring systems for early detection of platform faults
and other hardware problems.
 Provide backup and recovery services. Target minimum requirements are:
 Incremental backup – nightly
 Full backup – weekly (to offsite disaster storage such as Iron Mountain
or other approved storage vendor)
 Capabilities for real-time replication of the system database
 Vendor disaster recovery plan in place with a stated recovery time
 Failover system for application and database servers with stated
recovery times for each
 Ability to recover the full database within 30 minutes of a failure
 Application servers running in a load-balanced cluster – in case of a
single-server failure, non-failing servers should continue operating with
no impact on sessions connected to those servers
c. Written documentation and instructional videos on Moodle administrative functions for
UNEX staff
9. Compliance with University of California data security standards (see Exhibit 1).
10. Compliance with the American with Disabilities Act (ADA) as appropriate for all deliverables. In
addition, IT vendors submitting proposals to this RFP should include a response to applicable
sections of the Voluntary Product Accessibility Template (VPAT), particularly sections 1194.21 –
Software Applications and Operating Systems, 1194.22 – Web-based Internet Information and
Applications, 1194.31 – Functional Performance Criteria, and 1194.41 Information,
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11.
12.
13.
14.
Documentation and Support, in order to describe product compliance with Section 508 of the
Rehabilitation Act. Disclosure of noncompliance as well as the timeframe for compliance should
be included. Information about the VPAT is available on the Web at
http://www.itic.org/index.php?src=gendocs&ref=vpat. UCI reserves the right to perform realworld testing of a vendor’s product or service to validate vendor claims regarding Section 508
compliance. Information about UCI’s electronic accessibility initiative is available here:
http://www.ucop.edu/irc/itaccessibility/. Bidders should also read WCAG 2.0
(http://www.w3.org/TR/WCAG20/) and in their proposal indicate their conformance level (A,
AA, AAA) with these guidelines.
The ability and expertise to implement single sign-on (SSO) functionality connecting UNEX’s
existing student information system (Ellucian’s PowerCampus) with Moodle. This functionality
should:
a. Authenticate users (specifications to be provided)
b. Automatically import course, student, and instructor data from PowerCampus into
Moodle; create course shells automatically and “enroll” students/instructors into those
courses based on PowerCampus data
c. Assign appropriate Moodle user rights to students, instructors, and administrators
based on PowerCampus data
Apply UNEX branding to the Moodle shell using themes (digital media to be provided).
Provide access to all course sites as follows:
a. While a course is in progress: The course instructor, enrolled students, and UNEX
administrators can access it.
b. Three weeks after a course ends: Access to enrolled students is blocked; only the
instructor and UNEX administrators can continue accessing it.
Provide solutions that support foreign language characters (i.e. Unicode).
In support of the essential capabilities above, please also provide the following information:




About your firm: Provide firm name, address, contact, and number of years providing learning
management system hosting. Include a statement of capability to complete the scope of work.
Project team: Include an organizational chart that depicts reporting responsibilities of proposed
team members – from company officers to professional field staff. Include resumes for each
team member.
Experience: Provide a brief description of your firm’s experience hosting and supporting a
learning management system. Provide three examples in which you provided hosting for clients
similar in size to UNEX and UCI. Did you provide any pedagogical (i.e. teaching strategies)
assistance or consulting? List references and provide telephone numbers so we may contact
them.
In your company, what is the ratio of technical support staff members (full-time equivalents) to
customers? (A customer consists of one supported instance of an LMS.) Please break this down
into appropriate technical categories, such as tier 1, tier 2, or tier 3 support, or applications
developers, systems administrators, database administrators, etc. Please provide a list of the
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



various technical certifications (from vendors or other certifying bodies) that your staff
members hold and include the number of individuals having each certification.
If awarded the contract, how would UNEX’s account be managed? Specifically, what level of
experience or qualifications would oversee the administration of the account overall and how
would that person interact with UNEX account personnel?
What is your company’s expectation for yearly increases in costs of the contracted services?
Where is your company headquartered (actual street address)? Where is the regional office
from which UNEX’s account would be managed (if different from headquarters)? How many
offices does your company have in California? Which offices (in-state and out-of-state) would be
involved with UNEX?
What limitations does your company have in terms of system storage capacity, response times
to both critical and non-critical issues, the ability to keep the LMS up-to-date and free from
security threats, the ability to implement customer requests such as the addition of a new plugin or customized programming, and the ability to add new reports?
Highly Desired Capabilities
The capabilities described in this section are, as the heading implies, highly desired. However, since we
expect different bidders to have different levels of ability in these areas, the capabilities are broken
down into a set of dimensions, which are grouped into two categories.
Fundamental
The successful bidder should: (please reply with your capabilities in your bid response)
15. Have a staff that is of an appropriate size and that has received the training necessary for
providing all needed technical services and support to the bidder’s client base.
16. Assign an account manager or administrator who has the training and authority to resolve most
issues.
17. Have executive level staff members who solicit formal and informal customer feedback. (For
reference, “formal” feedback might consist of a customer advisory board that meets
periodically; “informal” feedback might consist of having the vice president of sales telephone
the customer to check on account satisfaction.)
18. Provide the following training and documentation:
a. Train-the-trainer sessions for functional, configuration, administrative, and support activities
b. Electronic (printable or viewable media) resources (system documentation and tutorials) for
end-users, instructors, UNEX administrative staff, and UNEX technical staff
c. Online help including knowledge base articles and related references
d. Documentation on third-party tools or other enhancements bidder has included with the
deliverables for this project
19. Provide the ability to enter and edit mathematical equations (provide math fonts) with a
WYSIWYG editor.
20. Provide virus scanning for email and file uploading.
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21. Provide full support for the installation and configuration of Moodle plug-ins.
22. Provide a full copy of the database within an agreed-upon time period (say, 48 hours) in a
format that allows UNEX to reconstitute a fully functioning instance of Moodle on a different
server not owned or controlled by the vendor. The copy is to be provided upon request or upon
termination of a relationship between UNEX and the vendor.
23. Provide source code and designate the Regents of the University of California as the copyright
owners of any enhancements made to Moodle that you create in support of the functional
requirements described in this RFP.
Enhanced
The DLC is interested in improving the quality and effectiveness of UCI online courses and taking
advantage of new technologies that embody innovation in online pedagogy. Bidders should describe
how they could meet the requirements below:
24. Synchronous meetings: the ability to host and launch synchronous multi-user online sessions
from within Moodle in which students and the instructor can interact with each other in real
time using audio and video
25. SCORM player: allows students to view and interact with material saved in the Sharable Content
Object Reference Model format
26. Group writing tools (such as Google Docs): allows multiple students to work collaboratively on
single documents
27. Audio capture and annotation: one use is as an alternative to text-based discussion forums
28. E-portfolio functionality: allows students to accumulate and save a quantity of their work from
one or more courses in an electronic portfolio
29. Content management system: the ability to store course content tagged with metadata –
including metadata for digital rights management – in a searchable external database.
Instructors and administrators should be able to find and select specific content easily as well as
add new content to the repository.
30. Reports and analytics: A key goal of this project is to enhance UCI’s ability to collect and analyze
LMS data in an effort to identify key performance indicators (KPIs) for the purpose of quality
improvement. We request bidders to demonstrate the ability to track data on all aspects of the
use of the platform and its components. Specifically, bidders should comment on:
a. Instrumenting the platform and its components (see Exhibit 2 for more information)
b. Storing and retrieving data
c. Facilitating data interpretation through effective user interfaces and graphical displays;
interfaces to be customizable for different audiences including administrators,
instructors, and students
d. Allowing students to track their progress through a course
e. Exporting analytical data to external spreadsheets or other systems for subsequent
analysis
f. Facilitating the collection and reporting of student course evaluations
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31. Mobile devices: Instructors and students are moving toward using handheld devices including
smart phones and tablet computers more frequently in connection with their online courses.
We request bidders to comment on their ability to deploy all or most of a course’s content (both
administrative and academic) on handheld devices – including iPods, iPads, and iPhones, which
do not support Flash technology.
32. Social media: The use of social media is increasingly becoming a common facet of everyday life
and the world of education is no exception. We request bidders to describe how they intend to
integrate social media capabilities into the online learning experience.
33. Expanded single sign-on capabilities: We would like bidders to develop new single sign-on
functionality for non-Extension students (i.e. students who are not entering the Moodle system
from the PowerCampus SIS. (Specifications will be provided).
Cost of Services
The DLC anticipates a pricing structure that consists of a fixed recurring cost for hosting, technical
support, routine updates or upgrades, and other bundled activities plus a separate cost for carrying out
work that is not covered by the fixed pricing. The details will of course be captured in a formal service
agreement. As an example, our vendor agreement might call for the vendor to install three new Moodle
plug-ins each year as a part of the fixed recurring cost and charge extra for the installation of additional
plug-ins.
Please provide a pricing structure that accurately represents the costs that UNEX is likely to incur if we
select your company.
Other
Is there anything else you would like to tell us? Does your firm have any special knowledge or expertise
that we might find compelling?
REFERENCES
Please provide complete contact information (person’s name, telephone number, and email address) for
at least four clients for which you are providing the type of hosting and support services described in
this RFP. For each reference, please also indicate the amount of data being hosted, number of courses
offered by the client’s institution, number of students active at any one point in time in Moodle, and/or
other relevant metric that will allows us to gain a sense of the client’s size with respect to ours.
PROJECT MILESTONES AND TIMELINE
Milestone
Award a contract to the selected vendor (UNEX)
Create a Moodle 2.x test environment for staff and instructor training; create
Target Completion Date
9/1/2012
9/30/2012
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a Moodle 2.x development environment for importing data and testing the
system
Apply a new theme (new “look”) to test and development environments
Migrate Moodle data from the existing UNEX system to the new test
environment
Build and test the SSO interface to PowerCampus (using development
environment)
Install and test plug-ins (to be specified by UNEX)
Copy development environment into production environment
Make production environment available to instructors of new winter 2013
courses
Implement and test requested non-Moodle enhancements
Make production environment go live; complete final testing
Make production environment available to students (spring quarter 2013)
9/30/2012
10/30/2012
12/15/2012
12/30/2012
12/30/2012
12/15/2012
1/30/2013
2/1/2013
3/15/2013
EVALUATION PROCESS
Bids will be evaluated based on the ability to meet the qualifications and requirements specified in these
sections of the RFP:
 Essential Capabilities
 Other Qualifications
 Fundamental Requirements
 Enhanced Capabilities Requirements
 Cost of Services
Scoring
The DLC will apply a “cost per quality point” methodology in the evaluation of the bids. “Quality Points”
will be assigned to your response(s) for questions listed in “Essential Capabilities”. Bidder’s proposed
cost will be divided by the number of points they earned in our evaluation. The bidder with the lowest
cost per quality point will be considered for final award.
University of California Terms and Conditions of Purchase
The University of California Service Agreement (see Exhibit 3) shall be incorporated into any purchase
agreement resulting from this RFP.
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EXHIBIT 1: Data Security and Privacy
University of California
Appendix DS
Additional Terms and Conditions – Data Security and Privacy
ARTICLE 1 – PROTECTED INFORMATION
Contractor acknowledges that its performance of Services under this Agreement may involve
access to confidential University information including, but not limited to, personally-identifiable
information, student records, protected health information, or individual financial information
(collectively, “Protected Information”) that is subject to state or federal laws restricting the use
and disclosure of such information, including, but not limited to, Article 1, Section 1 of the
California Constitution; the California Information Practices Act (Civil Code § 1798 et seq.); the
California Confidentiality of Medical Information Act (Civil Code § 56 et seq.); the federal
Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801(b) and 6805(b)(2)); the federal Family Educational
Rights and Privacy Act (20 U.S.C. § 1232g); and the privacy and information security aspects of
the Administrative Simplification provisions of the federal Health Insurance Portability and
Accountability Act (45 CFR Part 160 and Subparts A, C, and E of Part 164). Contractor agrees
to comply with all applicable federal and state laws restricting the access, use and disclosure of
Protected Information. Contractor agrees to include all of the terms and conditions contained in
this Appendix in all subcontractor or agency contracts providing services under this Agreement.
ARTICLE 2 – COMPLIANCE WITH FAIR INFORMATION PRACTICE PRINCIPLES
With respect to the University’s Protected Information, and in compliance with all applicable
laws and regulations, Contractor shall comply in all respects reasonably pertinent to the
Agreement with the Fair Information Practice Principles, as defined by the U.S. Federal Trade
Commission (http://www.ftc.gov/reports/privacy3/fairinfo.shtm). Such principles would typically
require Contractor to have a privacy policy, and, if collecting Protected Information electronically
from individuals on behalf of the University, a prominently-posted privacy statement or notice in
conformance with such principles (the University’s sample Privacy Statement for websites is
available
at
http://www.ucop.edu/irc/services/documents/sampleprivacystatement.doc).
Contractor also agrees, to the extent applicable to the Agreement, to comply with the
University’s Business and Finance Bulletin IS-2, Inventory, Classification, and Releaseof
University Electronic Information (http://www.ucop.edu/ucophome/policies/bfb/is2.pdf), and IS-3,
Electronic Information Security (http://www.ucop.edu/ucophome/policies/bfb/is3.pdf).
ARTICLE 3 – PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF PROTECTED
INFORMATION
Contractor agrees to hold the University’s Protected Information, and any information derived
from such information, in strictest confidence. Contractor shall not access, use or disclose
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Protected Information except as permitted or required by the Agreement or as otherwise
authorized in writing by University, or applicable laws. If required by a court of competent
jurisdiction or an administrative body to disclose Protected Information, Contractor will notify
University in writing immediately upon receiving notice of such requirement and prior to any
such disclosure, to give University an opportunity to oppose or otherwise respond to such
disclosure (unless prohibited by law from doing so).Any transmission, transportation or storage
of Protected Information outside the United States is prohibited except on prior written
authorization by the University.
ARTICLE 4 – SAFEGUARD STANDARD
Contractor agrees to protect the privacy and security of Protected Information according to all
applicable laws and regulations, by commercially-acceptable standards, and no less rigorously
than it protects its own confidential information, but in no case less than reasonable
care.Contractor shall implement, maintain and use appropriate administrative, technical and
physical security measures to preserve the confidentiality, integrity and availability of the
Protected Information. All Protected Information stored on portable devices or media must be
encrypted in accordance with the Federal Information Processing Standards (FIPS) Publication
140-2. Contractor shall ensure that such security measures are regularly reviewed and revised
to address evolving threats and vulnerabilities while Contractor has responsibility for the
Protected Information under the terms of this Appendix. Prior to execution of the Agreement,
and periodically thereafter (no more frequently than annually) at the University’s request,
Contractor will provide assurance, in the form of a third-party audit report or other
documentation acceptable to the University (the Shared Assessments® tools
http://www.sharedassessments.org/, or similar, are acceptable), demonstrating that appropriate
information security safeguards and controls are in place.
ARTICLE 5 – RETURN OR DESTRUCTION OF PROTECTED INFORMATION
Within 30 days of the termination, cancellation, expiration or other conclusion of the Agreement,
Contractor shall return the Protected Information to University unless University requests in
writing that such data be destroyed.This provision shall also apply to all Protected Information
that is in the possession of subcontractors or agents of Contractor. Such destruction shall be
accomplished by “purging” or “physical destruction,” in accordance with National Institute of
Standards and Technology (NIST) Special Publication 800-88. Contractor shall certify in writing
to University that such return or destruction has been completed.
ARTICLE 6 – BREACHES OF PROTECTED INFORMATION
A. Definition. For purposes of this article, a “Breach”has the meaning given to it under
relevant California or federal law, for example, California Civil Code Section 1798.29,
California Health and Safety Code Section 1280.15, etc.
B. Reporting of Breach: Contractor shall report any confirmed or suspected Breach to
University immediately upon discovery, both orally and in writing, but in no event more
19
than two (2) business days after Contractor reasonably believes a Breach has or may
have occurred. Contractor’s report shall identify:(i) the nature of the unauthorized
access, use or disclosure, (ii) the Protected Informationaccessed, used or disclosed, (iii)
the person(s) who accessed, used and disclosed and/or received Protected Information
(if known), (iv) what Contractor has done or will do to mitigate any deleterious effect of
the unauthorized access, use or disclosure, and (v) what corrective action Contractor
has taken or will take to prevent future unauthorized access, use or disclosure.
Contractor shall provide such other information, including a written report, as reasonably
requested by University. In the event of a suspected Breach, Contractor shall keep the
University informed regularly of the progress of its investigation until the uncertainty is
resolved.
C. Coordination of Breach Response Activities: In the event of a Breach, Contractor
will: Immediately preserve any potential forensic evidence relating to the breach, and
remedy the breach as quickly as circumstances permit;
1. Promptly (within 2 business days) designate a contact person to whom the
University will direct inquiries, and who will communicate Contractor responses to
University inquiries;
2. As rapidly as circumstances permit, apply appropriate resources to remedy the
breach condition, investigate, document, restore University service(s) as directed
by the University, and undertake appropriate response activities;
3. Provide status reports to the University on Breach response activities, either on a
daily basis or a frequency approved by the University;
4. Coordinate all media, law enforcement, or other Breach notifications with the
University in advance of such notification(s), unless expressly prohibited by law;
5. Make all reasonable efforts to assist and cooperate with the University in its
Breach response efforts; and
6. Ensure that knowledgeable Contractor staff are available on short notice, if
needed, to participate in University-initiated meetings and/or conference calls
regarding the Breach.
D. Costs Arising from Breach. In the event of a Breach, Contractor agrees to promptly
reimburse all costs to the University arising from such Breach, including but not limited to
costs of notification of individuals, establishing and operating call center(s), credit
monitoring and/or identity restoration services, time of University personnel responding
to Breach, civil or criminal penalties levied against the University, attorneys fees, court
costs, etc. Any Breach may be grounds for immediate termination of this Agreement by
the University.
ARTICLE 7 – EXAMINATION OF RECORDS
University and, if the applicable law, contract or grant so provides, the other contracting party or
grantor (and if that be the United States, or an agency or instrumentality thereof, then the
Controller General of the United States) shall have access to and the right to examine any
pertinent books, documents, papers, and records of Contractor involving transactions and work
related to this Appendix until the expiration of five years after final payment
hereunder.Contractor shall retain project records for a period of five years from the date of final
payment.
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ARTICLE 8 – ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Contractor shall make itself and any employees, subcontractors, or agents assisting Contractor
in the performance of its obligations under the Agreement available to University at no cost to
University to testify as witnesses, or otherwise, in the event of an unauthorized disclosure
caused by contractor that results in litigation or administrative proceedings against University, its
directors, officers, agents or employees based upon a claimed violation of laws relating to
security and privacy and arising out of this Appendix.
ARTICLE 9 – NO THIRD-PARTY RIGHTS
Nothing in this Appendix is intended to make any person or entity that is not signatory to the
Agreement a third-party beneficiary of any right created by this Appendix or by operation of law.
ARTICLE 10 – ATTORNEY'S FEES
In any action brought by a party to enforce the terms of this Appendix, the prevailing party shall
be entitled to reasonable attorney's fees and costs, including the reasonable value of any
services provided by in-house counsel.The reasonable value of services provided by in-house
counsel shall be calculated by applying an hourly rate commensurate with prevailing market
rates charged by attorneys in private practice for such services.
ARTICLE 11 – INDEMNITY
Contractor shall indemnify, defend and hold University (and its officers, directors, agents and
employees) harmless from all lawsuits, claims, liabilities, damages, settlements, or judgments,
including University’s costs and attorney fees, which arise as a result of Contractor’s negligent
acts or omissions or willful misconduct.
ARTICLE 12 – SURVIVAL
The terms and conditions set forth in this Appendix shall survive termination of the Agreement
between the parties.If Contractor is unable to return or destroy the University’s Protected
Information in accordance with Article 6, then this Appendix, in its entirety, shall survive the
Agreement until such time as Contractor does return or destroy the Protected Information.
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EXHIBIT 2: Instrumenting the LMS
Instrumenting the Learning Management System for Quality Improvement
The DLC is interested in a process of continuous improvement for UCI online courses. This means that
instructors and administrators are encouraged to take a reflective approach in reviewing courses after
they have been completed to identify ways to improve their quality. UNEX’s online courses and
programs adhere to the Council of Regionally Accrediting Commissions (C-RAC) standards accepted by
the Western Association of Schools and Colleges (WASC), the accrediting body for UC Irvine. The DLC has
taken these standards as a starting point for a set of internal quality guidelines for that transforms
formal standards into readily observable quantities from which instructors and administrators can take
quality-improving actions.
The expression “instrumenting the LMS” means capturing and storing data that allows the observation
(by counting, listing, or otherwise noting data captured by the LMS) of student and instructor behavior
as they engage with their online courses. Below is a list of the types of metrics that the DLC seeks:
Access
Students access a course by logging in and then viewing various lessons, modules, activities, and
resources. Measures of access include determining the amount of time spent on individual course
resources and activities as well as logged into the course itself. Metrics include the following (with time
stamps):
 Login/logout
 Access to learning objects
o Resources (usually content that student read or view)
o Activities (usually content that requires students to create and submit content for
others to see, such as a homework assignments, blob entries, wiki pages, etc.). See
Participation, below.
o Links to external websites or other resources accessible via Internet
Participation
Students participate in a course by engaging in LMS activities. Instructors and administrators should be
able to retrieve activity counts over a specified time frame as well as lists of those activities
accompanied by time stamps. Representative items to be counted include:
 Discussion forum threads initiated
 Forum posts in response to instructor-posted prompts
 Forum posts in response to classmates’ posts
 Discussion forum word count
 Number of entries in wikis, journals, chats, polls, and glossaries
 Number of assignments submitted
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




Amount of time spent in synchronous activities (through Moodle)
Quizzes started
Quizzes completed
Number of attempts on quizzes
Time spent completing quizzes
Student Performance
Student performance in a course can be challenging to evaluate given differences in:
 Grading philosophy among instructors
 Types of courses (e.g. science and engineering vs. humanities and business)
 Variations in student cohorts (abilities, motivations, prior subject knowledge, etc.)
The DLC seeks representative metrics that may inform the assessment of student learning and the
effectiveness of instructional design, teaching pedagogy, and instructor engagement. These include:
 Numerical scores (stated in absolute points and in percentages) of all gradable objects from the
gradebook (tagged with nature of the object, i.e. forum, quiz, assignment, etc.)
 Numerical final scores from the gradebook
Filtering
Administrators and instructors should be able to filter the data based on any combination of these
parameters:
 Student name
 Instructor name
 Course name/ID number
 Course term (summer, fall, winter, spring) and year
 Date range
 Whether course is online or on-ground (with Moodle being used to supplement the course
content)
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EXHIBIT 3: UC Service Agreement
SERVICE AGREEMENT
BETWEEN
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND
This Agreement to furnish services is by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
a California constitutional corporation, on behalf of
at University of California, Irvine (hereinafter called
"the University") and
(hereinafter called "Contractor") located at
.
I.
SCOPE OF WORK
A.
The Contractor shall furnish to the University the following described services:
B.
If applicable, Contractor agrees that
shall be assigned to perform the work set forth
herein. No reassignment of work to any other individual shall be made without the written
approval of the University.
C.
Reports:
The Contractor shall provide reports as described:
D.
If applicable, the services of the Contractor will assist the University in the performance of
contract/grant no.
sponsored by
dated
.
Applicable portions of contracts are attached.
II.
III.
TERM OF AGREEMENT
A.
The period of performance for this Agreement shall be from
through
.
B.
Either the University or the Contractor may terminate this Agreement for convenience at any
time by giving the other 30 calendar days' written notice of such action.
C.
If one party gives 10 days' notice to the other of a breach of this Agreement and the breaching
party fails to cure said breach within said 10 day period, this Agreement may be terminated
immediately by the non-breaching party.
COMPENSATION AND REIMBURSEMENT OF EXPENSES
A.
The University will pay the following to the Contractor for services performed:
MAXIMUM AMOUNT TO BE PAID UNDER THIS AGREEMENT IS: $
B.
.
Payments.
Payment will be made upon submission of an invoice by the Contractor setting forth charges in
24
accordance with rates detailed in paragraph A above and the performance schedule in Article
IV. below. The invoice must include the Contractor's taxpayer identification number.
Contractors shall submit invoices to person named in V., below.
OR
Payments will be made on a monthly or periodic basis without invoice provided a schedule of
specific payment has been made a part of this Agreement and is in accordance with the
performance schedule set out in Article IV below.
No payments shall be made in advance of work performed, except as specified in the
Agreement.
IV.
PERFORMANCE SCHEDULE
V.
REPORTING
In performing services hereunder, the Contractor shall report to:
VI.
NOTIFICATION
Any written notification required hereunder shall be personally served or mailed by certified mail,
return receipt requested, to the following:
For the University:
For the Contractor:
VII.
TAXES
The compensation stated in Article III of this Agreement includes all applicable taxes and will not be
changed hereafter as the result of Contractor's failure to include any applicable tax, or as the result of
any changes in the Contractor's tax liabilities.
VIII.
CONTRACTOR IDENTIFICATION
Each contractor who enters into a contract with the University of California for $10,000 or more shall
list their appropriate Taxpayer Number (EIN or SSN) on each contract. In addition, upon acceptance
of this contract Contractor agrees to include their Taxpayer Identification Number on all future
contracts regardless of the amount.
IX.
ASSIGNMENT OR SUBCONTRACTING
The Contractor may not assign or transfer this Agreement or any interest herein or claim hereunder, or
subcontract any portion of the work hereunder, without the prior written approval of the University. If
the University consents to such assignment or transfer, the terms and conditions of this Agreement
shall be binding upon any assignee or transferee.
X.
PATENTS
Whenever any invention or discovery is made or conceived by the Contractor in the course of or in
connection with this Agreement, the Contractor shall promptly furnish the University complete
information with respect thereto and the University shall have the sole power to determine whether and
where a patent application shall be filed and to determine the disposition of title to and all rights under
any application or patent that may result. The Contractor will, at University expense, execute all
documents and do all things necessary or proper with respect to such patent applications. The
25
Contractor is specifically subject to an obligation to assign all right, title and interest in any such patent
rights to the University as well as all right, title and interest in tangible research products embodying
such inventions whether the inventions are patentable or not.
XI.
COPYRIGHT
The University shall own, solely and exclusively, the copyright and all copyright rights to any written
or otherwise copyrightable material delivered under this Agreement. The Contractor warrants that all
creators of copyrightable material delivered under this Agreement to the University are, at the time of
the material's creation, bona fide employees or subcontractors of the Contractor, and that such creation
is within the course and scope of the creator's employment.
Notwithstanding the Contractor’s obligation to provide a copy of the learning management system
database upon request or upon the termination of this agreement (see Section II.C.), course files and
database content that consist of instructor-created material are exempt from this copyright clause
UNLESS the University hired the instructor under a development agreement to create course content
and deliver to the University.
XII.
CONTRACTOR'S LIABILITY AND INSURANCE REQUIREMENTS
1.
The Contractor shall defend, indemnify, and hold the University, its officers, employees, and
agents harmless from and against any and all liability, loss, expense (including reasonable
attorneys' fees), or claims for injury or damages that are caused by or result from the negligent or
intentional acts or omissions of the Contractor, its officers, agents, employees, or subcontractors.
2.
The Contractor, at its sole cost and expense, shall insure its activities in connection with the work
under this Agreement and obtain, keep in force, and maintain insurance as follows:
a.
Comprehensive or Commercial Form General Liability Insurance (contractual liability
included) with limits as follows:
(1) Each Occurrence
$ 1,000,000
(2) Products/Completed Operations Aggregate
$ 1,000,000
(3) Personal and Advertising Injury
$ 1,000,000
(4) General Aggregate (Not applicable to the Comprehensive Form)
$ 1,000,000
Such Insurance shall be written on an occurrence-based form. Claims-made policies will not
be accepted.
b.
Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired
automobiles with a combined single limit not less than $1,000,000 per occurrence.
(REQUIRED ONLY IF THE CONTRACTOR DRIVES ON THE UNIVERSITY PREMISES IN THE
COURSE OF PERFORMING WORK FOR UNIVERSITY.)
c.
Professional Liability Insurance with a limit of $1,000,000 per occurrence. If this insurance
is written on a claims-made form, it shall continue for three years following termination of
this Agreement. The insurance shall have a retroactive date of placement prior to or
coinciding with the effective date of this Agreement.
d.
Workers' Compensation as required by law.
It should be expressly understood, however, that the coverage and limits referred to under a., b.,
and c. above shall not in any way limit the liability of the Contractor. The Contractor shall furnish
the University with certificates of insurance evidencing compliance with all requirements prior to
commencing work under this Agreement. Such certificates shall:
26
(1) Provide for thirty (30) days advance written notice to the University of any modification,
change, or cancellation of any of the above insurance coverage.
(2) Indicate that The Regents of the University of California has been endorsed as an additional
insured under the coverage referred to under a. and b.
(3) Include a provision that the coverage will be primary and will not participate with nor be
excess over any valid and collectible insurance or program of self-insurance carried or
maintained by the University.
It should be further understood that the provisions under (2) and (3) above shall only apply in
proportion to and to the extent of the negligent act or omissions of the Contractor, its officers,
agents, or employees.
XIII.
RECORDS ABOUT INDIVIDUALS
The State of California Information Practices Act of 1977, as well as University policy, sets forth
certain requirements and safeguards regarding records pertaining to individuals, including the rights of
access by the subject individual and by third parties.
If the Contractor creates records about an individual of a confidential or personal type, including notes
or tape recordings, the information shall be collected to the greatest extent practicable directly from the
individual who is the subject of the information. When collecting the information, the Contractor shall
inform the individual that the record is being made and the purpose of the record. Use of recording
devices is permitted only if specified in this Agreement.
XIV.
OWNERSHIP AND ACCESS TO RECORDS
All records are the property of the University and subject to state law and University policies
governing privacy and access to files. The Contractor shall not use such information except as
required in the performance of the services under this Agreement.
XV.
EXAMINATION OF RECORDS
The University, and if the applicable contract or grant so provides, the other contracting party or
grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller
General of the United States) shall have access to and the right to examine any pertinent books,
documents, papers, and records of the Contractor involving transactions and work related to this
Agreement until the expiration of five years after final payment hereunder. The Contractor shall retain
project records for a period of five years from the date of final payment.
XVI.
CONFLICT OF INTEREST
1.
The Contractor shall not hire any officer or employee of the University to perform any service
covered by this Agreement. If the work is to be performed in connection with a Federal contract
or grant, the Contractor shall not hire any employee of the United States government to perform
any service covered by this Agreement.
2.
The Contractor affirms that to the best of his/her knowledge there exists no actual or potential
conflict between the Contractor's family, business, or financial interests and the services provided
under this Agreement, and in the event of change in either private interests or service under this
Agreement, any question regarding possible conflict of interest which may rise as a result of such
change will be raised with the University.
3.
The Contractor shall not be in a reporting relationship to a University employee who is a near
relative, nor shall the near relative be in a decision-making position with respect to the Contractor.
27
XVII.
AFFIRMATIVE ACTION
The Contractor recognizes that as a federal and state government contractor or subcontractor, the
University of California is obligated to comply with certain laws and regulations of the federal and
state government regarding equal opportunity and affirmative action. When applicable, the
Contractor agrees that, as a government subcontractor, the following are incorporated herein as
though set forth in full: the non-discrimination and affirmative action clauses contained in Executive
Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all
persons without regard to race, color, religion, sex or national origin, and the implementing rules and
regulations contained in Title 41, part 60 of the Code of Federal Regulations, as amended; the nondiscrimination and affirmative action clause contained in the Rehabilitation Act of 1973, as amended,
as well as the Americans With Disabilities Act relative to the employment and advancement in
employment of qualified individuals with disabilities, and the implementing rules and regulations in
Title 41, part 60-741 and 742 of the Code of Federal Regulations; the non-discrimination and
affirmative action clause of the Vietnam Era Veterans Readjustment Assistance Act of 1974 relative
to the employment and advancement in employment of qualified special disabled veterans and
Vietnam era veterans without discrimination, and the implementing rules and regulations in Title 41,
part 60-250 of the Code of Federal Regulations; and the non-discrimination clause required by
California Government Code Section 12900 relative to equal employment opportunity for all persons
without regard to race, religion, color, national origin, ancestry, physical handicap, medical condition,
marital status, age, or sex, and the implementing rules and regulations of Title 2, Division 4, Chapter
5 of the California Code of Regulations. The Contractor, as a government subcontractor, further
agrees that when applicable it shall provide the certification of non-segregated facilities required by
Title 41, part 60-1.8(b) of the Code of Federal Regulations.
XVIII. CONFIDENTIALITY
The Contractor shall use his or her best efforts to keep confidential any information provided by the
University and marked "Confidential Information," or any oral information conveyed to the Contractor
by the University and followed by a written communication within thirty (30) days that said
information shall be considered Confidential Information. This non-disclosure provision shall not
apply to any of the following:
XIX.
1.
Information which the Contractor can demonstrate by written records was known to him or her
prior to the effective date of this Agreement;
2.
Is currently in, or in the future enters, the public domain other than through a breach of this
Agreement or through other acts or omissions of Contractor;
3.
Is obtained lawfully from a third party; or
3.
Releases as required by law. However, Contractor shall notify University in advance of such
release so as to allow the University reasonable time to oppose or seek to quash such release with
the court if it desires.
NON-WAIVER
Waiver or non-enforcement by either party of a term or condition shall not constitute a waiver or a
non-enforcement of any other term or condition or of any subsequent breach of the same or similar
term or condition.
XX.
NO THIRD-PARTY RIGHTS
Nothing in this Agreement is intended to make any person or entity that is not signatory to the
Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
28
XXI.
STANDARD FOR PERFORMANCE
The parties acknowledge that the University, in selecting the Contractor to perform the services
hereunder, is relying upon the Contractor's reputation for excellence in the performance of the services
required hereunder. The Contractor shall perform the services in the manner of one who is a
recognized specialist in the types of services to be performed. All deadlines set forth in the Agreement
are binding and may be modified only by subsequent written agreement of the parties. The Contractor
shall devote such time to performance of its, her, or his duties under this Agreement as is reasonably
necessary for the satisfactory performance of such duties within the deadlines set forth herein. Nothing
in the foregoing shall be construed to alter the requirement that time is of the essence in this
Agreement.
XXII.
INDEPENDENT CONTRACTOR
Contractor in the performance of this Agreement shall be and act as an independent contractor. Contractor
understands and agrees that its employees, contractors, subcontractors, and agents shall not be considered
officers, employees, or agents of University, and are not entitled to benefits of any kind or nature normally
provided to employees. Contractor assumes the full responsibility for the acts and/or omissions of its
employees or agents as they relate to the services to be provided under this Agreement. Contractor shall
assume full responsibility for payment of all federal, state, and local taxes or contributions, including
unemployment insurance (as applicable), social security, and income tax withholding with respect to
Contractor employees.
XXIII. DISPUTE RESOLUTION
Any dispute arising regarding the interpretation or implementation of this Agreement, including any
claims for breach of this Agreement, shall be resolved by submitting the claim for arbitration to the
American Arbitration Association in accordance with its rules and procedures applicable to commercial
disputes. The location of any arbitration hearing shall be Orange County, California, and any
enforcement of the arbitrator's decision shall be brought in a court of competent jurisdiction in Orange
County, California.
XXIV. ATTORNEY'S FEES
In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and costs. The prevailing party shall be entitled to the reasonable
value of any services provided to it by in-house counsel. The reasonable value of services provided by
in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market
rates charged by attorneys in private practice for such services.
XXV.
AMENDMENTS
Any amendments to this Agreement must be made, in writing, and approved by the authorized
representatives of the Contractor and the University.
XXVI. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior written or
oral agreements with respect to the subject matter herein.
XXVII. APPLICABLE LAW
This Agreement shall be construed in accordance with the laws of the State of California without
regard to its conflicts of laws rules.
----------------------------------------------------------------------------------------------------------------------------- ---------------
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University Internal Approval(s):
________________________________________
Department Approval
(date)
Name:
Title:
----------------------------------------------------------------------------------------------------------------------------- -----------IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement.
CONTRACTOR
__________________________________________
Signature
(date)
Name:
Title:
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA
________________________________________
Responsible Administrative Official
(date)
Rick Coulon, Interim Director
Materiel & Risk Management
Tax ID No.
(Social Security or Employer ID No.*)
* If the Employer Identification Number is not used, the Social Security Number must be shown. Pursuant to
Federal Privacy Act of 1974, you are hereby notified that disclosure of your Social Security Number is required
pursuant to Sections 6011 and 6051 of Subtitle F of the Internal Revenue Code and Regulation 4, Section 404, 1256,
Code of Federal Regulations, under Section 218, Title II of the Social Security Act, as amended. The Social Security
Number is to verify your identity. The principal use of the number shall be to report payments you have received to
federal and state governments.
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EXHIBIT 4: Notice of Intent to Respond
UNIVERSITY OF CALIFORNIA
NOTICE OF INTENT TO RESPOND
DATE: ______________
RFP NUMBER: _________________________________
PLEASE PROVIDE THE FOLLOWING INFORMATION FOR THE PERSON WHO WILL BE YOUR COMPANY’S PRINCIPAL
CONTACT FOR MATTERS REGARDING THE ABOVE RFP.
Company Name and Address
Signature of Company Representative
Printed Name of Company Representative
Title
Date
Telephone Number
Fax Number
Email Address
Please return this notice via email to: rckupcha@uci.edu
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