REQUEST FOR PROPOSAL LCTCSOnline Statewide Comprehensive Learning Management System Solicitation Number: 40016_20140813 Proposal Opening Date: October 6, 2014 August 13, 2014 1 | Page TABLE OF CONTENTS PART I. ADMINISTRATIVE AND GENERAL INFORMATION 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 Background .................................................................................................................... 5 Current Enrollment…………………………………………………………………………….6-7 1.1.1 Purpose ............................................................................................................... 7 1.1.2 Goals and Objectives ........................................................................................... 7 Definitions ................................................................................................................... 7-8 Schedule of Events......................................................................................................... 8 Proposal Submittal ....................................................................................... …………… 9 Proposal Response Format…………………………………………………………………9-11 1.5.1 Number of Response Copies ............................................................................. 11 1.5.2 Legibility/Clarity ................................................................................................. 11 Confidential Information, Trade Secrets and Proprietary Information………………...11-12 Proposal Clarifications Prior to Submittal………………………………………………...12-14 1.7.1 Mandatory Pre-Proposal Conference…………………………………………….12-13 1.7.2 Proposer Inquiry Periods ....................................................................... ….. 13-14 Errors and Omissions In Proposal ................................................................................ 14 Proposal Guarantee ..................................................................................................... 14 Performance Bond........................................................................................................ 14 Changes, Addenda, Withdrawals.................................................................................. 14 Withdrawal of Proposal ................................................................................................. 14 Material in the RFP…………………………………………………………………………14-15 Waiver of Administrative Formalities ............................................................................. 15 Proposal Rejection ....................................................................................................... 15 Ownership of Proposal ................................................................................................. 15 Cost of Offer Preparation………………………………………………………………………15 Non-Negotiable Contract Terms…………………………………………………………..15-16 Taxes ........................................................................................................................... 16 Proposal Validity ........................................................................................................... 16 Prime Contractor Responsibilities ................................................................................. 16 Use of Subcontractor .................................................................................................... 16 Presentations .......................................................................................................... 16-17 Acceptance of Proposal Content .................................................................................. 17 Evaluation and Selection .............................................................................................. 17 Contract Negotiations…………...................................................................................17-18 Contract Award and Execution .................................................................................... .18 Notice of Intent to Award…………………………………………………………………....... 18 Debriefings…………………………………………………………………………………..18-19 Insurance Requirements…………………………………………………………………...19-20 Subcontractor Insurance .............................................................................................. 20 Indemnification and Limitation of Liability................................................................. 21-22 Fidelity Bond Requirements.......................................................................................... 22 Payment…………………………………………………………………………………….. 22-23 1.34.1 Payment for Services ....................................................................................... 22 1.34.2 Late Payment .................................................................................................. 22 2 | Page 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 Termination………………………………………………………………………………….22-23 1.35.1 Termination of the Contract for Cause ............................................................. 23 1.35.2 Termination of the Contract for Convenience ................................................... 23 1.35.3 Termination for Non-Appropriation of Funds…………………………………........23 Assignment……………………………………………………………………………………...23 No Guarantee of Quantities…………………………………………………………………...23 Audit of Records ........................................................................................................... 24 Civil Rights Compliance ................................................................................................ 24 Record Retention ......................................................................................................... 24 Record Ownership ........................................................................................................ 24 Content of Contract/Order of Precedence..................................................................... 24 Contract Changes ........................................................................................................ 24 Substitution of Personnel .............................................................................................. 25 Governing Law ............................................................................................................. 25 Claims or Controversies ............................................................................................... 25 Proposer’s Certification of OMB A-133 Compliance...................................................... 25 Anti-Kickback Clause.................................................................................................... 25 Clean Air Act ................................................................................................................ 26 Energy Policy and Conservation Act ............................................................................. 26 Clean Water Act ........................................................................................................... 26 Anti-Lobbying and Debarment Act ................................................................................ 26 PART II. SCOPE OF WORK/SERVICES 2.1 2.2 2.3 2.4 2.5 2.6 Scope of Work/Services……………………………………………………………………27-28 Period of Agreement..................................................................................................... 28 Price Schedule ............................................................................................................. 28 Deliverable…………………………………………………………………………………. 28-29 Location........................................................................................................................ 29 Proposal Elements..................................................................................................... 29-31 2.6.1 Financial ........................................................................................................... 29 2.6.2 Technical .................................................................................................... .29-30 2.6.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation.............. …… 30-31 PART III. EVALUATION 3.1 3.2 3.3 Financial Proposal…………………………………………………………………………..32-34 Technical Proposal ....................................................................................................... 33 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation………………..33-34 3 | Page PART IV. PERFORMANCE STANDARDS 4.1 4.2 4.3 Performance Requirements .......................................................................................... 35 Performance Measurement/Evaluation ......................................................................... 36 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Reporting Requirements ................... 36 ATTACHMENTS ATTACHMENT A – TECHNICAL REQUIREMENTS RESPONSE TABLES ......................37 – 56 ATTACHMENT B – TECHNICAL REQUIREMENTS NARRATIVE RESPONSES .............57 – 68 ATTACHMENT C – FINANCIAL PROPOSAL ...................................................................69 – 75 ATTACHMENT D – CERTIFICATION STATEMENT................................................................ 76 ATTACHMENT E – SAMPLE GENERIC CONTRACT ......................................................77 – 84 4 | Page REQUEST FOR PROPOSAL FOR System-Wide Learning Management System PART I: ADMINISTRATIVE AND GENERAL INFORMATION 1.1 Background LCTCSOnline is an initiative of the Louisiana Community and Technical College System (LCTCS) to provide Louisiana citizens with better access to online courses offered via this college system, encouraging stronger links among Louisiana educational institutions and business, government, and the surrounding community. This RFP is being done by LCTCSOnline on behalf of all LCTCS member institutions. The LCTCS provides strategic management and support for Louisiana's 13 comprehensive community and technical colleges. LCTCS colleges award associates degrees, technical diplomas, and industry-based certificates in programs that are aligned with business and industry and local economies, which lead students to good paying middle class jobs. LCTCS’ current unique enrollment count is 101,379. The Office of Academic Affairs provides oversight for academic programs, policies and initiatives. This area works with the Louisiana Board of Regents, the Louisiana Department of Education, Louisiana Workforce Commission, higher education partners, and other agencies to provide LCTCS students with opportunities and choices to further their education and career aspirations. Please visit http://www.lctcs.edu for more information. Currently, LCTCS colleges and initiatives utilize two learning management systems (LMS): Blackboard and Moodlerooms. Some sites are self-hosted, but most are vendor hosted. Our intent is to utilize the LMS for all course sections for all colleges, both traditional and online in one LMS. However, each college should be able to “brand” its own classes with its unique colors and logos. All LCTCS colleges will be required to participate in the selected enterprise LMS. LCTCSOnline will require the successful contractor to assist with the migration of existing courses, LMS integration with Banner student information systems (SIS) as well as with faculty, staff, and administrator training. 5 | Page Current enrollment by college and LMS in use as well as online enrollment: College LMS Version Unique Annual Enrollment Approximate # of course shells 16,037 2,500 10,293 1,600 3,370 1,550 27,208 3,300 3,641 600 5,306 2,500 3,842 1,100 4,085 1,300 3,019 400 4,706 500 9,260 2,003 6,890 1,100 Bb Learn Baton Rouge Community College Release 9.1.100401.0 SP 10CP16 with intent to upgrade to SP 13 01/2014 Bb Learn, Bossier Parish Community College Release 9.1.130093.0 SP13/CP6 Central Louisiana Technical Community College Moodle 1.9.19+ Delgado Community College Bb 9.1.110082.0 L. E. Fletcher Technical Community College Moodle 1.9.19+ (Build: 20130513) (Build: 20130513) Moodle 1.9.19+ Louisiana Delta Community College (Build: 20130513) Northshore Technical Community College Moodle 1.9.19+ (Build: 20130513) Moodle 1.9.19+ Northwest Louisiana Technical College (Build: 20130513) Bb Learn, Nunez Community College Release 9.1.90132.0 Moodle 1.9.19+ River Parishes Community College (Build: 20130513) Moodle 1.9.19+ South Louisiana Community College (Build: 20130513) Moodle 1.9.19+ 6 | Page South Central Louisiana Technical College (Build: 20130513) Moodle 1.9.19+ Sowela Technical Community College 3,722 550 101,379 19,003 (Build: 20130513) Total 1.1.1 Purpose The purpose of this Request for Proposal (RFP) is to obtain competitive proposals as allowed by Louisiana Revised Statute 39:1593.C. from bona fide, qualified proposers who are interested in providing a cost effective enterprise learning management system (LMS) for the LCTCS colleges as well as services that are highly responsive to the needs and issues of Louisiana’s Community and Technical Colleges. LCTCSOnline is looking for LMS providers who value engaging their clients in true collaboration for the success of the company and LCTCS member institutions. 1.1.2 Goals and Objectives LCTCS desires to obtain, provide and/or utilize o o o o 1.2 A cost effective, modern centralized LMS for students and faculty An LMS that provides for the development of engaging and interactive instruction An LMS that easily provides statistical data for internal and external reporting Reporting features and mechanisms to encourage student success (intervention tools) Definitions A. Shall – The term “shall” denotes mandatory requirements per RS: 39:1556(24). B. Must - The term “must” denotes mandatory requirements. C. May - The term “may” denote an advisory or permissible action. D. Should – The term “should” denotes a desirable action. E. Contractor – Any person having a contract with a governmental body. 7 | Page F. Agency- Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this state authorized to participate in any contract resulting from this solicitation or also referred to as LCTCSOnline or LCTCS. G. State- The State of Louisiana or also referred to as LCTCSOnline or LCTCS. H. Discussions- For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. I. RFP – Request for Proposal J. LMS- Learning Management System K. SIS- Student Information System L. LCTCS – Louisiana Community and Technical College System 1.3 Schedule of Events Action/Event Date & Time RFP mailed to prospective proposers and posted to LaPAC August 13, 2014 Mandatory Pre-Proposal Teleconference August 27, 2014 Deadline for LCTCSOnline to receive written inquiries September 3, 2014 (12:00 pm CST) Deadline for LCTCSOnline to answer written inquiries September 10, 2014 (5:00 pm CST) Sandbox environment due September 15, 2014 Regional Meetings 3 day event – Vendor attendance required September 16 – 18, 2014 Proposal Due Date - 2 weeks after Regional meeting (opening date) October 6, 2014 (12:00 pm CST) PST Approval (tentative) October 27, 2014 Notice of Intent to Award to be mailed (1-2 days after PST approval) October 29, 2014 Contract Negotiation November 3, 2014 Contract Initiation November 17, 2014 NOTE: All times referred to are in Central Standard Time (CST). LCTCSOnline reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP. 8 | Page Proposal Submittal 1.4 This RFP is available in electronic form at the LaPAC website http://wwwprd1.doa.louisiana.gov/OSP/LaPAC/pubMain.cfm. It is available in PDF format or in printed form by submitting a written request to the RFP Contracting Officer at LCTCSOnline. It is the Proposer’s responsibility to check the Office of State Purchasing LaPAC website frequently for any possible addenda that may be issued. LCTCSOnline is not responsible for a proposer’s failure to download any addenda documents required to complete a Request for Proposal. All proposals shall be received by LCTCSOnline no later than the date and time shown in the Schedule of Events. Important: Clearly mark outside of envelope, box or package with the following information and format: • • • Proposal Name: LCTCSOnline Statewide Comprehensive Learning Management System Solicitation Number: 40016_20140813 Proposal Opening Date: 10/6/2014 Proposals may be mailed or delivered by hand to: The LCTCSOnline Fiscal Affairs Department ATTN: Brenda Brown 265 South Foster Drive Baton Rouge, LA 70806 Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. LCTCSOnline is not responsible for any delays caused by the proposer’s chosen means of proposal delivery. Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in rejection of the proposal. PROPOSALS SHALL BE OPENED PUBLICLY AT THE PHYSICAL LOCATION IDENTIFIED ABOVE AND ONLY PROPOSERS SUBMITTING PROPOSALS SHALL BE IDENTIFIED ALOUD. PRICES SHALL NOT BE READ. 1.5 Proposal Response Format 9 | Page Proposals submitted for consideration should follow the format and order of presentation described below: A. Cover Letter: The cover letter should exhibit The Proposer’s understanding and approach to the project. It should contain a summary of Proposer’s ability to perform the services described in the RFP and confirm that Proposer is willing to perform those services and enter into a contract with LCTCSOnline. ATTENTION: Please indicate in the Cover Letter which of the following applies to the signer of this proposal. Evidence of signature authority shall be provided upon the LCTCSOnline’s request. 1. The signer of the proposal is either a corporate officer who is listed on the most current annual report on file with the secretary of state or a member of a partnership or partnership in commendam as reflected in the most current partnership records on file with the secretary of state. A copy of the annual report or partnership record must be submitted to the LCTCSOnline before contract award. 2. The signer of the proposal is a representative of the proposer authorized to submit this proposal as evidenced by documents such as, corporate resolution, certification as to corporate principal, etc. If this applies a copy of the resolution, certification or other supportive documents must be attached to the Cover Letter. 3. The proposer has filed with the secretary of state an affidavit or resolution or other acknowledged/authentic document indicating that the signer is authorized to submit proposals for public contracts. A copy of the applicable document must be submitted to LCTCSOnline before contract award. 4. The signer of the proposal has been designated by the proposer as authorized to submit proposals on the proposer’s vendor registration on file with LCTCSOnline. The cover letter should also o o o Identify the submitting Proposer and provide their federal tax identification number; Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to contractually obligate the Proposer; Identify the name, address, telephone number, fax number, and email address of the contact person for technical and contractual clarifications throughout the evaluation period. B. Table of Contents: Organized in the order cited in the format contained herein. C. Proposer Qualifications and Experience: History and background of Proposer, financial strength and stability, related services provided to government entities, existing customer satisfaction, volume of merchants, etc. D. Proposed Solution/Technical Response: Illustrating and describing proposed technical solution and compliance with the RFP requirements. 10 | Page E. Innovative Concepts: Presentation of innovative concepts, if any, for consideration. F. Project Schedule: Detailed schedule of implementation plan for full statewide or agency implementation. This schedule is to include implementation actions, timelines, responsible parties, etc. G. Financial Proposal: Proposer’s fees and other costs, if any, shall be submitted on Attachment C. Prices proposed shall be firm for the duration of the contract (unless there is some provision in the RFP for price escalation). This financial proposal shall include any and all costs the Contractor wishes to have considered in the contractual arrangement with LCTCSOnline. 1.5.1 Number of Response Copies Each Proposer shall submit one (1) signed original response. 12 additional copies of the proposal should be provided, as well as one (1) redacted copy, if applicable (See Section 1.6). 1.5.2 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP is also desired. Each Proposer is solely responsible for the accuracy and completeness of its proposal. 1.6 Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The cost proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La. R.S. 44.1 et. Seq.) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification. The proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of his proposal sought to be restricted in accordance with the conditions of the legend: 11 | Page “The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, LCTCSOnline shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit LCTCSOnline’s right to use or disclose data obtained from any source, including the proposer, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. Proposers must be prepared to defend the reasons why the material should be held confidential. If a competing proposer or other person seeks review or copies of another proposer’s confidential data, LCTCSOnline will notify the owner of the asserted data of the request. If the owner of the asserted data does not want the information disclosed, it must agree to indemnify LCTCSOnline and hold LCTCSOnline harmless against all actions or court proceedings that may ensue (including attorney’s fees), which seek to order LCTCSOnline to disclose the information. If the owner of the asserted data refuses to indemnify and hold LCTCSOnline harmless, LCTCSOnline may disclose the information. LCTCSOnline reserves the right to make any proposal, including proprietary information contained therein, available to OSP personnel, the Office of the Governor, or other State agencies or organizations for the sole purpose of assisting LCTCSOnline in its evaluation of the proposal. LCTCSOnline shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. If your proposal contains confidential information, you should also submit a redacted copy along with your proposal. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of notification from LCTCSOnline. When submitting your redacted copy, you should clearly mark the cover as such – “REDACTED COPY” – to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information has been removed. 1.7 Proposal Clarifications Prior to Submittal 1.7.1 Mandatory Pre-proposal Teleconference A mandatory pre-proposal teleconference will be held at LCTCS, 265 S. Foster Drive, Baton Rouge, Louisiana beginning at 10:00 AM (CST) on August 27, 2014. Prospective proposers are required to participate in the teleconference to obtain clarification of the requirements of the RFP and to receive answers to relevant questions as well as final details. Call in Phone Number: Meeting Access Code: 1-877-411-9748 9746494# 12 | Page Although impromptu questions will be permitted and spontaneous answers will be provided during the pre-proposal teleconference, the only official answer or position of LCTCSOnline will be stated in writing in response to written questions. 1.7.2 Proposer Inquiry Periods LCTCSOnline shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and operations of our agency customers. LCTCSOnline reasonably expects and requires responsible and interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner. An inquiry period is hereby firmly set for all interested proposers to perform a detailed review of the proposal documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the proposer, clearly cross-referenced to the relevant solicitation section. All inquiries must be received by the close of business on the Inquiry Deadline date set forth in Section 1.3 Schedule of Events of this RFP. Only those inquiries received by the established deadline shall be considered by LCTCSOnline. Inquiries received after the established deadline shall not be entertained. Inquiries concerning this solicitation may be delivered by mail, express courier, e-mail, or by hand: LCTCSOnline Fiscal Affairs Department ATTN: Brenda Brown 265 South Foster Drive Baton Rouge, LA 70806 Email: bbrown@lctcs.edu An addendum will be issued and posted at the Office of State Purchasing LaPAC website, to address all inquiries received and any other changes or clarifications to the solicitation. Thereafter, all proposal documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any proposer as a result of any oral discussions with any state employee or state consultant. It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. LCTCSOnline is not responsible for a proposer’s failure to download any addenda documents required to complete a Request for Proposal. Any person aggrieved in connection with the solicitation or the specifications contained therein, has the right to protest in accordance with R.S. 39:1671. Such protest shall be made in writing to the LCTCS Purchasing Department, at least two days prior to the deadline for submitting proposals. 13 | Page Note: LaPAC is the state’s online electronic bid posting and notification system resident on State Purchasing’s website [www.doa.louisiana.gov/osp]. In that LaPAC provides an immediate e-mail notification to subscribing bidders that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting. To receive the email notification vendors must register in the LaGov portal and pay the vendor registration fee. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg and help scripts are available on OSP website under vendor center at http://www.doa.louisiana.gov/osp/vendorcenter/regnhelp/index.htm. 1.8 Errors and Omissions in Proposal LCTCSOnline will not be liable for any error in the proposal. Proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: LCTCSOnline reserves the right to make corrections or clarifications due to patent errors identified in proposals by LCTCSOnline or the Proposer. LCTCSOnline, at its option, has the right to request clarification or additional information from the Proposer. 1.9 Proposal Guarantee NOT REQUIRED FOR THIS RFP 1.10 Performance Bond NOT REQUIRED FOR THIS RFP 1.11 Changes, Addenda, Withdrawals LCTCSOnline reserves the right to change the Schedule of Events or issue Addenda to the RFP at any time. LCTCSOnline also reserves the right to cancel or reissue the RFP. If the proposer needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the proposer, cross-referenced clearly to the relevant proposal section, prior to the proposal opening, and should be submitted in a sealed envelope. Such shall meet all requirements for the proposal. 1.12 Withdrawal of Proposal A proposer may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by the authorized representative of the proposer must be submitted to LCTCSOnline. 1.13 Material in the RFP 14 | Page Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by LCTCSOnline pursuant to the RFP. 1.14 Waiver of Administrative Informalities LCTCSOnline reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal 1.15 Proposal Rejection Issuance of this RFP in no way constitutes a commitment by LCTCSOnline to award a contract. LCTCSOnline reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of LCTCSOnline to do so. In accordance with the provisions of R.S. 39:2192, in awarding contracts after August 15, 2010, any public entity is authorized to reject a proposal or bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, professional, personal, consulting, and social services procurement under the provisions of Chapter 16 of Title 39, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39. In accordance with Louisiana law, all corporations (see, R.S. 12:163) and limited liability companies (see, R.S. 12:1308.2) must be in good standing with the Louisiana Secretary of State in order to hold a contract with the state. 1.16 Ownership of Proposal All materials (paper content only) submitted in response to this request become the property of LCTCSOnline. Selection or rejection of a response does not affect this right. All proposals submitted will be retained by LCTCSOnline and not returned to proposers. Any copyrighted materials in the response are not transferred to LCTCSOnline. 1.17 Cost of Offer Preparation LCTCSOnline is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by LCTCSOnline. 1.18 Non-negotiable Contract Terms 15 | Page Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds. 1.19 Taxes Any taxes, other than state and local sales and use taxes, from which LCTCSOnline is exempt, shall be assumed to be included within the Proposer’s cost. 1.20 Proposal Validity All proposals shall be considered valid for acceptance until such time an award is made, unless the Proposer provides for a different time period within its proposal response. However, LCTCSOnline reserves the right to reject a proposal if the Proposer’s acceptance period is unacceptable and the Proposer is unwilling to extend the validity of its proposal. 1.21 Prime Contractor Responsibilities The selected Proposer shall be required to assume responsibility for all items and services offered in his proposal whether or not he produces or provides them. LCTCSOnline shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 1.22 Use of Subcontractors Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That prime contractor shall be responsible for all deliverables referenced in this RFP. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements. Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime contractor acknowledges total responsibility for the entire contract. If it becomes necessary for the prime contractor to use subcontractors, LCTCSOnline urges the prime contractor to use Louisiana vendors, including small and emerging businesses, a small entrepreneurship or a veteran or service-connected disabled veteran-owned small entrepreneurship, if practical. In all events, any subcontractor used by the prime should be identified to the LCTCSOnline Project Manager. Information required of the prime contractor under the terms of this RFP, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the contract. The prime contractor shall assume total responsibility for compliance. 1.23 Presentations (Prior to the Submission of the Proposal) Any firm intending to submit a proposal shall have at least one duly authorized representative attend the LCTCSOnline hosted Regional Conference which is tentatively scheduled for 16 | Page September 16 -18, 2014. Interested proposers that attend the mandatory pre-proposal conference will be notified of the specific location, day, and time allotted to present their LMS and its functions and features to LCTCS faculty, staff and students. Prospective proposers are also asked to provide an online “sandbox” environment to allow potential users to experience the LMS first hand online. The sandbox environment shall be delivered to LCTCSOnline by Monday, September 15th. The online sandbox shall include at a minimum a site for the exclusive use of LCTCS teachers and staff to evaluate the LMS. The Sandbox should be an opportunity for LCTCS teachers and staff to experience the look and feel of the LMS as well as evaluate its user friendliness and features first hand. The online sandbox should be available for evaluation and testing at least three weeks before the Regional Conference. The online sandbox may be taken down after the closing date for proposals. Although impromptu questions will be permitted and spontaneous answers will be provided during the conference and the regional presentations, the only official answer or position LCTCSOnline will be stated in writing in response to written questions. 1.24 Acceptance of Proposal Content The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the successful Proposer to accept these obligations shall result in the rejection of the proposal. 1.25 Evaluation and Selection All responses received as a result of this RFP are subject to evaluation by the LCTCSOnline Evaluation Committee for the purpose of selecting the Proposer with whom LCTCSOnline shall contract. To evaluate all proposals, a committee whose members have expertise in various areas has been selected. This committee will determine which proposals are reasonably susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of the Proposers to make this determination. Written recommendation for award shall be made to the Director of LCTCSOnline Purchasing for the Proposer whose proposal, conforming to the RFP, will be the most advantageous to LCTCSOnline, price and other factors considered. The committee may reject any or all proposals if none is considered in the best interest of LCTCSOnline. 1.26 Contract Negotiations If for any reason the Proposer whose proposal is most responsive to LCTCSOnline's needs, price and other evaluation factors set forth in the RFP considered, does not agree to a contract, that 17 | Page proposal shall be rejected and LCTCSOnline may negotiate with the next most responsive Proposer. Negotiation may include revision of non-mandatory terms, conditions, and requirements. LCTCSOnline must approve the final contract form and issue a purchase order, if applicable, to complete the process. 1.27 Contract Award and Execution LCTCSOnline reserves the right to enter into a contract without further discussion of the proposal submitted based on the initial offers received. The RFP, including any addenda, and the proposal of the selected Contractor will become part of any contract initiated by LCTCSOnline. Proposers are discouraged from submitting their own standard terms and conditions with their proposals. Proposers should address the specific language in the sample contract in Attachment E of this RFP and submit any exceptions or deviations the proposer wishes to negotiate. The proposed terms will be negotiated before a final contract is entered. Mandatory terms and conditions are not negotiable. If applicable, a proposer may submit or refer to a Master Agreement entered into by the contractor and the State in accordance with R.S. 39:198(e). If the contract negotiation period exceeds thirty (30) days or if the selected Proposer fails to sign the contract within seven calendar days of delivery of it, LCTCSOnline may elect to cancel the award and award the contract to the next-highest-ranked Proposer. Award shall be made to the Proposer with the highest points, whose proposal, conforming to the RFP, will be the most advantageous to LCTCSOnline, price and other factors considered. LCTCSOnline intends to award to a single Proposer. 1.28 Notice of Intent to Award Upon review and approval of the evaluation committee’s and agency’s recommendation for award, LCTCSOnline will issue a “Notice of Intent to Award” letter to the apparent successful Proposer. A contract shall be completed and signed by all parties concerned on or before the date indicated in the “Schedule of Events.” If this date is not met, through no fault of LCTCSOnline, LCTCSOnline may elect to cancel the “Notice of Intent to Award” letter and make the award to the next most advantageous Proposer. LCTCSOnline will also notify all unsuccessful Proposers as to the outcome of the evaluation process. The evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report will be made available to all interested parties after the “Notice of Intent to Award” letter has been issued. Any person aggrieved by the proposed award has the right to submit a protest in writing, in accordance with RS: 39:1671, to the Director of LCTCSOnline Purchasing, within fourteen days of the award/intent to award. 1.29 Debriefings 18 | Page Debriefings may be scheduled by the participating Proposers after the “Notice of Intent to Award” letter has been issued by scheduling an appointment with LCTCS. Contact may be made by phone at (225) 308-4381 or E-mail to bbrown@lctcs.edu. 1.30 Insurance Requirements Contractor shall procure and maintain for the duration of the contract work insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the proposer’s response. A. Minimum Scope of insurance Coverage shall be at least as broad as: • Insurance Services Office Form number GL0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Form number GL0404 covering Broad Form Comprehensive General Liability: or Insurance Services Office Commercial General Liability coverage (“Occurrence: form CG0001”). “Claims Made” forms is unacceptable. The “Occurrence Form” shall not have a sunset clause. • Insurance Services Office Form Number CA0001 (Ed.1/78) covering Automobile Liability and Endorsement CA0025 or CA0001 1293. The policy shall provide coverage for owned, hired and non-owned coverage. If an automobile is to be utilized in the execution of the work, and the contractor does not own a vehicle, then proof of hired and non-owned coverage is sufficient. • Worker’s Compensation Insurance as required by the labor code of the State of Louisiana, including employers Liability Insurance. B. Minimum Limits of Insurance Contractor shall maintain limits no less than: • Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. • Automobile Liability: $1,000,000 combined single limit per accident, for bodily injury and property damage. • Workers Compensation & Employers Liability: Workers’ compensation limits as required by the labor code of the State of Louisiana and Employers Liability Coverage. C. Deductible and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by LCTCSOnline, either: The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects LCTCSOnline, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 19 | Page D. Other Insurance Expenses The policies are to contain or be endorsed to contain the flowing provisions: • General Liability and Automobile Liability coverage’s 1. • LCTCSOnline, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” as respects liability arising out of activities performed by or on behalf of the vendor; products and completed operation of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to LCTCSOnline, its officers, officials, employees or volunteers. 2. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to LCTCSOnline. 3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers’ liability. Workers’ Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against LCTCSOnline, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for LCTCSOnline. • All coverage’s Each insurance policy required by the clause shall be endorsed to state that the coverage shall not be suspended, voided, canceled by either party or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to LCTCSOnline. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best’s rating of A: VI or higher. This rating requirement may be waived for Worker’s Compensation coverage only. F. Verification of Coverage Contractor shall furnish LCTCSOnline with Certificate(s) of Insurance affecting coverage required by this clause before commencement of work. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) are to be received and approved by LCTCSOnline before work commences. LCTCSOnline reserves the right to require complete, certified copies of all required insurance policies at any time. 1.31 Subcontractor Insurance The Contractor shall include all subcontractors as insured’s under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the contractor. 20 | Page 1.32 Indemnification and Limitation of Liability Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under the contract. Contractor shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify and hold harmless LCTCSOnline from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by Contractor, its agents, employees, partners or subcontractors in the performance of the contract, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of LCTCSOnline. Contractor will indemnify, defend and hold LCTCSOnline harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims judgments, liabilities and costs which may be finally assessed against LCTCSOnline in any action for infringement of a United States Letter Patent with respect to the Products, Materials, or Services furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that LCTCSOnline shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, LCTCSOnline may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: (i) LCTCSOnline’s unauthorized modification or alteration of a Product, Material, or Service; (ii) LCTCSOnline’s use of the Product, Material, or Service in combination with other products, materials, or services not furnished by Contractor; (iii) LCTCSOnline’s use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as LCTCSOnline’s exclusive remedy to take action in the following order of precedence: (i) to procure for LCTCSOnline the right to continue using such item(s) or part(s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to LCTCSOnline up to the dollar amount of the Contract. For all other claims against the Contractor where liability is not otherwise set forth in the contract as being “without limitation”, and regardless of the basis on which the claim is made, Contractor’s liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges for products, materials, or services rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein mutually agreed between the parties, neither party shall be liable to the other for special, indirect or 21 | Page consequential damages, including lost data or records (unless the Contractor is required to backup the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. LCTCSOnline may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. 1.33 Fidelity Bond Requirements NOT REQUIRED FOR THIS RFP 1.34 Payment 1.34.1 Payment for Services Each individual institution shall pay Contractor in accordance with the Pricing Schedule set forth in Attachment C. LCTCSOnline will work with Contractor to determine allocation of the costs for each institution. The Contractor shall invoice each institution at the billing address designated by the institution. Invoices shall be submitted annually for software license and software maintenance costs. Invoices for helpdesk/support services and hosting services shall be submitted quarterly. Invoices for implementation services may be submitted monthly or quarterly after the billed services have been provided. Payments will be made by the institutions within approximately thirty (30) days after receipt of a properly executed invoice, and approval by the institution. Invoices shall include the contract and order number, using department and product purchased. Invoices submitted without the referenced documentation will not be approved for payment until the required information is provided. 1.34.2 Late Payments Interest due by an institution for late payments shall be in accordance with R.S. 39:1695 and 13:4202. 1.35 Termination 1.35.1 Termination of the Contract for Cause LCTCSOnline may terminate the contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the contract, or failure to fulfill its performance obligations pursuant to the contract, provided that LCTCSOnline shall give the Contractor written notice specifying the Contractor’s failure. If within thirty 22 | Page (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then LCTCSOnline may, at its option, place the Contractor in default and the contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of LCTCSOnline to comply with the terms and conditions of the contract, provided that the Contractor shall give LCTCSOnline written notice specifying LCTCSOnline’s failure and a reasonable opportunity for LCTCSOnline to cure the defect. 1.35.2 Termination of the Contract for Convenience LCTCSOnline may terminate the contract at any time by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date. The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 1.35.3 Termination for Non-Appropriation of Funds The continuance of the contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. 1.36 Assignment The Contractor shall not assign any interest in the contract by assignment, transfer, or novation, without prior written consent of LCTCSOnline. This provision shall not be construed to prohibit the contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to LCTCSOnline. 1.37 No Guarantee of Quantities NOT APPLICABLE FOR THIS RFP. 1.38 Audit of Records The State Legislative Auditor, federal auditors and internal auditors of the Louisiana Community and Technical College System, Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the resulting contract for a period 23 | Page of five (5) years after the final payment or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose. 1.39 Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under the contract and any contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. 1.40 Record Retention The Contractor shall maintain all records in relation to the contract for a period of at least five (5) years after final payment. 1.41 Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of LCTCSOnline and shall, upon request, be returned by Contractor to LCTCSOnline, at Contractor’s expense, at termination or expiration of the contract. 1.42 Content of Contract/ Order of Precedence In the event of an inconsistency between the contract, the RFP and/or the Contractor's Proposal, the inconsistency shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any) and finally, the Contractor's Proposal. 1.43 Contract Changes No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be made without the prior approval of LCTCSOnline. Changes to the contract include any change in: compensation; beginning/ ending date of the contract; scope of work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract. 24 | Page 1.44 Substitution of Personnel LCTCSOnline intends to include in any contract resulting from this RFP the following condition: Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal. 1.45 Governing Law All activities associated with this RFP process shall be interpreted under Louisiana Law. All proposals and contracts submitted are subject to provisions of the laws of the State of Louisiana including but not limited to L.R.S. 39:1551-1736; purchasing rules and regulations; executive orders; standard terms and conditions; special terms and conditions; and specifications listed in this RFP. Venue of any action brought with regard to the contract shall be in the Nineteenth Judicial District Court, parish of East Baton Rouge, State of Louisiana. 1.46 Claims or Controversies Any claims or controversies shall be resolved in accordance with the Louisiana Procurement Code, RS39:1673. 1.47 Proposer’s Certification of No Federal Suspension or Debarment Certification of no suspension or debarment: By signing and submitting any proposal for $25,000 or more, the proposer certifies that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in “Audit Requirements in Subpart F of the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (formerly OMB Circular A-133). A list of parties who have been suspended or debarred can be viewed via the internet at https://www.sam.gov. 1.48 Anti-Kickback Clause The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled. 25 | Page 1.49 Clean Air Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violating Facilities. 1.50 Energy Policy and Conservation Act The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 1.51 Clean Water Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. 1.52 Anti-Lobbying and Debarment Act The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act. 26 | Page PART II: SCOPE OF WORK/SERVICES 2.1 Scope of Work/Services LCTCSOnline expectations from the selected provider are: • To engage with LCTCSOnline in becoming the most advanced higher community college system in the U.S. leveraging enterprise learning management systems measured by the breadth, depth, and quality of LMS use. • To leverage the size of LCTCSOnline for the widest use, greatest flexibility, best innovation and cost efficiency (both in labor time and money). • To provide quarterly reports to LCTCSOnline LMS team responding to specific prioritized LCTCSOnline issues, needs, planning, and vision for the future. • To work with LCTCSOnline in strengthening our academic technology baseline infrastructure for future growth and expansion. The LMS shall be: (These are mandatory requirements. Proposers should demonstrate their ability to meet these mandatory requirements. Failure to meet these requirements will result in disqualification.) • • • • • • • • • • • • Reliable and robust (stable, high quality assurance, high uptime, fault tolerant, easy backup strategies, simple disaster recovery) Elegant in design (clean and incorporates best web design practices) Ease of use (intuitive for students and faculty, efficient to manage for administrators, quick to create, edit and/or achieve tasks for students and faculty) Seamless functionality (tools interoperate, data between tasks flows smoothly, consistent interface, capable of handling variety of document (including streaming) formats, easy data interchange/exchange) Integration with Banner and Active Directory Extendable and Interoperable (API calls, Services Oriented Architecture, web services, 3rd party tools) Offer a solution in which 13 colleges can integrate courses, users, and enrollments while retaining local, customizable control of their own domains or instances Provide software tools, and support to migrate existing online courses into the new LMS Share courses/students across 13 colleges (enrollments may also come from a centralized 14th entity and information system) Allow each school to customize integration and configuration options as well as set school-specific branding Integrate with and receive data from LCTCS’s Banner SIS’s Organize the assigning of permissions based on groups and the assigning of administrative user accounts for group-based control 27 | Page Responding to the Scope of Work There are two response sections within 2.6.2 Technical Section. 1. RFP Response Tables (Attachment A), allows you to rate your company and software support for various features, services, and integrations. This section is intended for a quantitative analysis of software ability and will be used to calculate a score. 2. RFP Response Narrative (Attachment B), asks you to describe many of these areas in more detail. If you need to put more detail for an item from the response tables, review the narrative section, as there may already be a section to discuss the item. 2.2 Period of Agreement The term of any contract resulting from this solicitation shall be for a period of three (3) years with the option to renew for two (2) additional 12-month terms at the same rates terms and conditions. The start date of any contract resulting from this RFP is anticipated to begin November, 2014. 2.3 Price Schedule Prices proposed by the proposers shall be submitted on the Price Schedule furnished herein on Attachment C. 2.4 Deliverables The deliverables listed in this section are the minimum desired from the successful proposer. Every proposer should describe what deliverables will be provided per their proposal and how the proposed deliverables will be provided. LCTCSOnline requires an LMS (Learning Management System) that can serve and integrate online courses and services for its students, faculty, staff and citizens. The LMS should be both cost effective and scalable. The specific features and functions are detailed in this RFP in Attachments “A” and “B”. LCTCSOnline desires a Fully-Hosted solution. The LMS must integrate with the Banner SIS and have the capability to integrate with third party academic support software. This integration capability should be detailed by the proposer and cover as wide a selection of support software as possible. The LMS shall meet industry FERPA security and accessibility guidelines and standards. 28 | Page o The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, is a federal law that protects the privacy of student education records. Students have specific, protected rights regarding the release of such records and FERPA requires that institutions adhere strictly to these guidelines. A Proposer’s submission, which does not satisfy FERPA guidelines, will be rejected without further consideration. Failure to include proposers FERPA guidelines policies shall disqualify the proposer from further consideration 2.5 Location The LMS software may be located on servers outside of the State of Louisiana. If the LMS software and records are housed and/or hosted outside of Louisiana the proposer must provide the location and details about the facility. In no case shall this location be outside of the United States. However, the LMS should be web accessible from any location via the Internet. LCTCSOnline may require the contractor to travel to the LCTCS or member institutions as needed to ensure success of the project. 2.6 Proposal Elements Specific proposal elements are contained in Attachments “A”, “B” and “C” and should be comprehensive and complete. 2.6.1 Financial Proposal shall include prices per the schedule furnished in Attachment C. 2.6.2 Technical Each Proposer should address how the proposer will meet all the requirements of this RFP. Proposers should address the bullets below while completing Attachments “A” and “B”. o Information demonstrating the Proposer’s understanding of the nature and scope of this project. o Plans and/or schedule for implementation, or orientation, or installation, etc. (whichever is relevant to the RFP requirements). o Plans for training, o Provision for customer service, including personnel assigned, toll-free number, and account inquiry, etc. 29 | Page 2.6.3 o Resumes for account manager, designated customer service representative(s) and any other key personnel to be assigned to this project, including those of subcontractors, if any. o References for at least three states, government agencies, or private firms for whom similar or larger scope services are currently being provided. Include a contact person and telephone number for each reference. o Information demonstrating the Proposer's financial stability (financial statements, annual reports, or similar data for the last three years). Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation Each Proposer should address how the firm will meet the following: The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for Louisiana-based small entrepreneurships (sometimes referred to as LaVet's and SE's respectively) to participate in contracting and procurement with the state. A certified Veteran-Owned and Service-Connected Disabled Veteran-Owned small entrepreneurship (LaVet) and a Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the Louisiana Department of Economic Development. All eligible vendors are encouraged to become certified. Qualification requirements and online certification are available at https://smallbiz.louisianaforward.com/index_2.asp. If a proposer is not a certified small entrepreneurship as described herein, but plans to use certified small entrepreneurship(s), proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. During the term of the contract and at expiration, the Contractor will also be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. The statutes (R.S 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at http://legis.la.gov/lss/lss.asp?doc=671504; and the statutes (R.S 39:2001 et. seq.) concerning the Hudson Initiative may be viewed at http://legis.la.gov/lss/lss.asp?doc=96265. The rules for the Veteran Initiative (LAC 19: VII. Chapters 11 and 15) and for the Hudson Initiative (LAC 19: VIII Chapters 11 and 13) may be viewed at http://www.doa.louisiana.gov/osp/se/se.htm. 30 | Page A current list of certified Veteran-Owned and Service-Connected Disabled VeteranOwned and Hudson Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification System at https://smallbiz.louisianaforward.com/index_2.asp. Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by the Louisiana Department of Economic Development and who have opted to register in the State of Louisiana LaGov Supplier Portal https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network http://wwwprd1.doa.louisiana.gov/OSP/LaPAC/Vendor/VndPubMain.cfm?tab=2. When using this site, determine the search criteria (i.e. alphabetized list of all certified vendors, by commodities, etc.) and select SmallE, VSE, or DVSE. 31 | Page PART III: EVALUATION The evaluation committee shall assign points to its evaluation of each Proposal as follows: Evaluation Criteria Possible Points Financial Proposal (Section 3.1 and Attachment C) – 30% 303 points Technical Proposal (Section 3.2) 606 points o Attachment A- response tables - 303 points – 30% o Attachment B- response tables - 303 points – 30% Veteran and Hudson Initiative (Section 3.3) – 10% Total Possible Points 101 points 1010 points Each proposal will be evaluated in light of the material and the substantiating evidence presented to LCTCSOnline, not on the basis of what may be inferred. The scores for the Financial and Technical Proposals will be combined to determine the overall score. The Proposer with the highest overall score will be recommended for award. 3.1 Financial Proposal Prices proposed by the Proposers shall be submitted on the price schedule furnished in Attachment C. Prices proposed shall be firm. The Proposer shall provide the total cost (inclusive of travel and all project expenses) for performing all services described in the RFP for each year of the contract. The Proposer shall break down the cost by amount per completed task that is identified in the proposed work plan. A proposer’s base cost score will be based on the cost information provided in the proposal. Total cost shall be determined by taking the average (Tier 1 five year total cost plus Tier 2 five year total cost divided by two) of the five year total cost for the two tiered pricing schedules completed in Atachment C. Each proposer’s base cost score will be based on the cost information provided and computed as follows: BCS = (LPC/PC) X 303 Where: BCS = Computed cost score (points) for proposer being evaluated 32 | Page LPC = Lowest Proposed Cost of all proposers PC = Total cost of proposer being evaluated Note: The cost to be evaluated in the formula above will be calculated by taking the average of the five year total cost (Tier 1 five year total cost plus Tier 2 five year total cost divided by two) for both tiers. 3.2 Technical Proposal The following criteria are of importance and relevance to the evaluation of this RFP and will be used by the Evaluation Committee in the evaluation of the technical proposal (Attachments “A” and “B”). Such factors may include but are not limited to: o Implementation/Orientation Plan o Training and Faculty Support o Company Background and Experience o Adequacy of company technical and support staff o Customer Service and Support Resources o LMS Performance o LMS Features and Capabilities o Risk Factor/Disaster Recovery 3.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation Ten percent (10%) of the total evaluation points on this RFP are reserved for proposers who are themselves a certified Veteran or Hudson Initiative small entrepreneurship or who will engage the participation of one or more certified Veteran or Hudson Initiatives small entrepreneurships as subcontractors. Reserved points shall be added to the applicable proposers’ evaluation score as follows: Proposer Status and Reserved Points o Proposer is a certified small entrepreneurship: Full amount of the reserved points o Proposer is not a certified small entrepreneurship but has engaged one or more certified small entrepreneurships to participate as subcontractors or distributors. Points will be allocated based on the following criteria: â–ª the number of certified small entrepreneurships to be utilized â–ª the experience and qualifications of the certified small entrepreneurship(s) â–ª the anticipated earnings to accrue to the certified small entrepreneurship(s) 33 | Page If the proposer is not a certified small entrepreneurship as described herein, but plans to use certified small entrepreneurship(s), proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. 34 | Page PART IV: PERFORMANCE STANDARDS 4.1 Performance Requirements 1) Verify features and functions of the LMS in Attachment A upon selection to insure accuracy and functionality. Features and functions that are not operable or present and not accurately detailed in the proposal will result in a reevaluation of the award. Features that are present and functional in the current version being evaluated will be permanent features and functions for the duration of the contract. The LCTCSOnline Project Manager will verify the features 2) Verify that the LMS communicates with the LCTCSOnline Banner ERP (Electronic Records Program). This will require that relevant data be sent both to the Banner ERP from the LMS and that data is received from the Banner ERP from the LMS. This is required for all 13 LCTCS institutions. The LCTCSOnline Project manager will work with LCTCS administrative services, LCTCS IT and the LCTCS institutions to coordinate and verify this functionality. 3) Verify that each institution’s LMS “view” is branded with the institutions logo, brand or colors, according to the requirements of each institution. This is required for all 13 LCTCS institutions. The LCTCSOnline Project manager will coordinate this with the contractor and the LCTCS institutions. 4) Verify that existing courses and learning objects can be imported into the LMS using contractor supplied software or applications. The LCTCSOnline Project Manager will coordinate this with the contractor and the LCTCS institutions. 5) Verify that the LMS can be integrated into the LCTCS portal for authentication and access. The LCTCSOnline Project Manager will coordinate this with the contractor and LCTCS IT and its portal vendor. 6) Verify that the LMS is accessible and functional from ALL LCTCS institutions and their various campuses. The LCTCS Project Manager will coordinate with the contractor and the institutions to measure access times and speeds. 7) Verify that the LMS generates usage and activity reports that allow the Project Manager to monitor activity, usage and availability for each institution as well as the institutions in aggregate. The LCTCSOnline Project Manager will review the reports generated by the LMS and share these with LCTCS IT as well as the LCTCS institutions. 8) Verify the support desk functions and reporting functions of the contractor to LCTCS administration as well as the institutions. 35 | Page 4.2 Performance Measurement/Evaluation The LCTCSOnline Project Manager will be the primary point of contact between the contractor and the LCTCS institutions. All communications to the institutions will be coordinated through the LCTCSOnline Project Manager. The LCTCS Project Manager will monitor both the services and the performance of the LMS software and contractor on a day to day basis. The LCTCSOnline Project Manager will monitor the implementation timeline as proposed by the contractor in their proposal. The contractor will submit weekly reports to the LCTCSOnline Project Manager as to all implementation activities and once operational, all operational functions performance and usage. If there are problems noted in the reports the LCTCSOnline Project Manager will work with the contractor to either evolve the issue or increase the level of priority for the problem areas. The LCTCSOnline Project Manager will meet quarterly face to face with the contractor to review the performance of the LMS and to resolve any outstanding issues. Maintenance and uptime will also be a focus of review. The LCTCSOnline Project Manager will review the annual report submitted by the contractor as to performance metrics and usage. This will include maintenance windows as well as uptime and upgrades. User data will include Banner ERP integration performance and reliability as well. The report after review by the LCTCSOnline Project Manager will be shared with the LCTCS institutions for comment and input. 4.3 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Reporting Requirements During the term of the contract and at expiration, the Contractor will be required to report VeteranOwned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. 36 | Page ATTACHMENT A: TECHNICAL REQUIREMENTS – RESPONSE TABLES How to use these tables: This Attachment includes 3 sections (Section 1: Student, Faculty Features & Functions, Section 2: System Features & Functions, Section 3: Third Party Tools & Integrations). Each section contains a list of abilities, features, or integrations that your software may have. Each item, feature or integration is worth up to 1 point; there are 303 items identified in the response table for a total of 303 possible points. • • Please indicate whether your software has the abilities, features or functions identified. Write Yes or mark the appropriate column next to each item. Below are explanations of the three different columns o Mark Feature Delivered Out of the Box if your product provides the feature, function, tool or integration indicated without any system modification – 1 point will be awarded o Mark Modifications Required if your product provides the feature but modification is required – 1/2 point will be awarded o Mark Not Supported if your product cannot provide the feature, function, tool or integration indicated – Zero points will be awarded NOTE: The order of the items shall not be changed or items added if the vendor scoring is to be considered. Zero points will be awarded for each item that is left blank. SECTION 1: STUDENT, FACULTY FEATURES & FUNCTIONS (202 possible points) Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 1.1 – Question Types 1)Multiple choice and/or True/False question type 2)Multiple answer question type 3)Matching question type 4)Essay question type 5)Fill in the blank question type 6)Drag and Drop matching question type Attachment A 37 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 7)Short answer question type 8)Hotspot question type 9)Short answer question type 10)Hotspot question type 11)Question branching 1.2 - Quiz & Surveys 12)Ability to specify individual time limits for students needing accommodations 13)Multimedia (audio, video, links) can be posted within a question, either within the question text or using a specific question type 14)Students can submit attachments to a quiz question (an attachment question type) 15)Students can submit audio to a quiz question (an audio/multimedia question type) 16)Ability to use a WYSIWYG editor or HTML code in question text to insert images, web links, and/or multimedia. 17)Question groups can be created (example: answer any one question from a group) 18)Mathematical/Science equation editor available for students to use when responding to a quiz question and/or assignment 19)Ability to randomize questions with an assessment 20)Ability to (or import/export) quizzes from one section to another 21)Quizzes / Assessments are auto-graded (those with a defined answer – multiple-choice, true or false, etc.). 22)Ability to randomize answers within a question 23)Ability to set a time limit on an exam but allow students to go over the time limit (the system may mark it as over…) Attachment A 38 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 24)Browser lockdown option available 25)Proctor password can be set 26)Based on quiz question statistics, the ability to “throw out” a question in a quiz and automatically recalculate the grade for the quiz for all students. 27)Institution (higher level) test banks can be created and shared to sections. Can import and export to a test bank (outside of the section) 28)Institution level assessments that can be shared between sections 29)Ability to copy (or import/export) questions from one section to another 30)Ability to administer timed examinations by auto submitting after expiration of the time limit 31)Section level Quiz/Exam auditing (instructors can see concurrent sign on access from different IP addresses) 32)Global item grading, can view the answers of one question and grade each students for the one question (example: can view Question 1 for each student and grade just Question 1) 33)Ability to specify IP address range for proctored exams 34)Ability to set default options for questions 1.3 - Group Management 35)Groups can use collaborative tools within the LMS in a private group environment 36)Option for Peer Review of assignments is available 37)Tracking and grading available for student participation within groups 38)Groups can be created within the system Attachment A 39 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 39)Ability for faculty to assign final grade from within the grade book. Final grade can be automatically exported to Banner data. 40)Signup sheets can be used to allow students to self-signup for groups within a section 1.4 - Mobile Management 41)LMS includes current mobile technology application 1.5 - Evaluation Tool 42)LMS includes a course/teacher evaluation component. Please describe. 1.6 - Tests, Surveys & Assignments 43)Quiz and Assignment grade book columns are automatically included into course grade book. 44)Polling tool is available 1.7 - Assignments/Drop Box 45)Assignment drop box (with instructions and due date) is available, attachments, student comments and text can be submitted. 46)Teacher can provide feedback with an attachment on written assignments. 47)Teacher can provide video annotations to submitted work from within the LMS. 48)Ability to download written assignments to review and/or grade offline 49)Ability to enter manual grade items in the grade book 50)Section level (open) drop box is available (no specific instructions or due date attached) 51)Ability to provide inline feedback on written assignments 1.8 - Discussions Tool Attachment A 40 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 52)Asynchronous discussion/forum/bulletin board tool is available 53)Instructor can filter posts by student for grading. 54)Instructor can grade a forum post within the post and the grade will go to the grade book. 55)Tracking available for student participation in discussions 56)Auto grading of discussions based on some criteria (quantity and/or date and/or keyword) is possible 57)Discussions are threaded 58)Ability to create a moderated topic 1.9 - Chat/Virtual Classrooms 59)Synchronous chat tool is available 1.10 - Course Mail/Messaging 60)Messaging tool is available within each course section (internal with notification or external) 61)Ability to correspond from e-mail/mobile devices back into mail 62)Ability to forward or send a notification to external email when a Message/LMS Mail is received 63)Announcements tool is available 64)Ability to post announcements to a specific section 65)Ability to restrict announcement availability by date/time 1.11 - Alerts & Notifications 66)Ability to create alerts based on items within grade book 67)Instructor specified alerts 68)Customize alerts on an institution level 69)Alerts can be targeted to specific user roles. Attachment A 41 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 70)Alerts can be forwarded to email or RSS. 71)Ability to create alerts based on faculty actions (i.e. to monitor faculty responsiveness) 1.12 - Calendar/Schedule 72)Instructor can add/edit/delete items manually to a calendar for each section. 73)Due dates can be dynamically added to each section calendar. 74)Each user can add items to their personal Calendar. 75)Ability to export calendar items in various formats (.ical, ics, etc.) 76)Administrator can add global dates (holidays, institution specific) to the institution calendar. 77)Users can see dates from all calendars in one global view (all due dates, institutional items, private entries). 78)Ability to link to activities (assignments, quizzes, discussions) from a calendar entry 79)Instructor can add/edit/delete items manually to a calendar for each section 80)Due dates can be dynamically added to each section calendar 81)Each user can add items to their personal calendar 82)Administrator can add global dates (holidays, institution specific) to the institution calendar 83)Users can see dates from all calendars in one global view (all due dates, institutional items, private entries) 84)Ability to link to activities (assignments, quizzes, discussions) from a calendar entry 1.13 - User Profile/Home Page 85)Students can generate a personalized profile and/or homepage. Attachment A 42 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 86)Avatar or photo of student appears throughout the LMS (not just within a roster/list) 1.14 - Roster Management & Student Tracking 87)Instructor has access to student tracking report specifying the last login time and time spent in the section for each student. 88)Student tracking shows time/date of student access to content and activities. 89)Ability for students to have different start dates for the class and for the start and end dates of each student to appear in the roster. 90)Ability for teacher to view and access a student’s contact information from the roster 91)Ability to prevent students to view other student’s profiles 92)Ability to withdraw students from within the LMS (and send the transaction Banner or other Student Information System) and remain enrolled in the course, but inactive 93)Ability for students to mark themselves present 1.15 - Grade Management/Interface 94)Ability to export from the grade book into an Excel readable format 95)Any graded item in content area should push to the grade book (single point of data entry) 96)Ability to reorder grade book columns after they have been created 97)If a student is unenrolled from a section, their grades can be preserved in the grade book. 98)If a student is unenrolled from a section, their activity report can be preserved and viewed by the instructor. 99)Ability to enter grades for all students for a specific grade book (multi-section courses) Attachment A 43 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 100)Ability to create grading comments that are viewable to the students and instructors 101)Customizable calculated formulas can be created (e.g. drop lowest score, double highest score, etc.) 102)Ability to assign a quiz question as extra credit. 103)Ability to assign an entire assignment as extra credit. 104)Ability to assign weights to grade categories 105)Ability to assign weights to grade items 106)Ability to set whether or not to round grades site, (institution level and/or course) 107)Ability for faculty to view the grade book from a student’s perspective 108)Ability for faculty to hide grade book columns from student view 109)Ability to enter grades for all assignments for a specific student 110)Ability to create offline assignments in the grade book (manual grade items). 111)Ability to create grading rubrics for discussions and written assignments that both the instructor and student can view. 112)A current grade is reflected in the student grade book view at all times in the course 113)Ability to create and save customized views of the grade book for one student or a group of students. 114)Ability to create and weigh grading categories 115)Ability to email student from within the grade book 116)Ability to e-mail grade book reports 117)Instructor can adjust column width to view grade book most efficiently Attachment A 44 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 118)Ability to delete multiple grade book columns at one time 119)Ability to sort grade book by selected column (example: by last name, by highest grade, by first name) 120)Ability for students to have all grades for all sections display in one view 121)Ability of faculty to view the grade book from a student’s perspective 1.16 - Content Management/Interface 122)Ability to provide metadata tagging on content 123)Search tool available and can search for content within files or tools (discussions, quizzes, etc.) 124)Ability to link to subscription (RSS) based media 125)Ability to integrate multimedia content such as QuickTime, Flash, Windows Media Player, PDF, SilverLight, etc. 126)Ability to create podcast and/or vodcast from within the LMS. 127)Faculty can view course content from the student’s perspective 128)Ability for faculty to organize course activities and content into learning sequences 129)Ability to provide metadata tagging on content 130)Search tool available and can search for content within files or tools (discussions, quizzes, etc.) 131)Ability to link to subscription (RSS) based media 1.17 - Language Support 132)Instructor can change the language of the interface for a section 133)Users can change the language of the interface for themselves Attachment A 45 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 134)Ability to submit assignments and grade (provide feedback) in multiple languages (Unicode support) 135)Instructor can change the language of the interface for a section 136)Users can change the language of the interface for themselves 137)Ability to submit assignments and grade (provide feedback) in multiple languages (Unicode support) 1.18 - Time Zone Support 138)Users can change the Time Zone of the interface for themselves 1.19 - Release of Content/Due Dates 139)Ability to release content or activities based on date 140)Ability to release content or activities based on group membership 141)Ability to release content or activities based on a score in the grade book 142)Ability to control due dates based on student start date 143)Ability to backup course content and student data into a downloadable file that can be used for full recovery of course information 1.20 - File Management 144)Ability to upload files one at a time 145)Ability to view file upload progress 146)Virus scanning of files that are uploaded by instructors and/or students 147)Ability to drag/drop multiple files into the LMS 148)WebDAV can be used to upload content 149)Creation of sections based on and linked to a course master Attachment A 46 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 150)Ability to edit content live (edit the content pages and have them available immediately after the changes are saved) 151)Student and instructor dashboard to alert any updates or changes to course or global content based on user preference 1.21 - Communication/Collaboration Tools 152)Social bookmarking tool (shared list of web links submitted by students) exists 153)Section Blog can be created 154)Personal Blog and/or Journal can be created for each student within a section 155)Wiki tool is available 156)Shared File Storage for groups or a section can be created 157)Groups can generate a group profile and/or homepage/site 158)Ability to create ad-hoc communities by email invitation (ex. – student clubs, alumni organization) 159)System has the ability to allow for ad-hoc communities to be created outside of the traditional course and section hierarchy (e.g. groups, clubs, committees can be supported within the system outside of SIS) 160)An Instant Messaging tool is available for instructors and student to interact with. It is presence-aware (you can see who is ‘online’) 161)Ability to draw on a whiteboard with participants within the chat tool 162)Has a hand raise mode for moderation 163)Chat tool allows the moderator to use audio (microphone) in addition to text 164)Chat tool allows the moderator to use video (camera) in addition to text Attachment A 47 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 165)Chat log (text) is kept of each session 166)Chat recordings (full video of each session) can be created (if more than text chat is available) 167)Ability to share / upload files to the chat tool 168)Ability to create a poll and have attendees answer 169)Ability to share computer screen (desktop sharing) 170)Ability to correspond from e-mail/mobile devices back into mail 171)Ability to forward or send a notification to external email when a Message/LMS Mail is received 172)Announcements tool 173)Ability to post announcements to specific user roles 174)Ability to post announcements to all users 175)Ability to reuse announcements 176)Ability to post an announcement containing attachments and/or multimedia 177)Instructor specified alerts 178)Customize alerts on an institution level 179)Alerts can be targeted to specific user roles 180)Alerts can be forwarded to email or RSS, Twitter, etc. 181)Ability to create alerts based on faculty actions (i.e. to monitor faculty responsiveness) 1.22 - Discussion Tools 182)Ability to create an anonymous topic 183)Ability to set a reading restriction such that a student cannot view the posts of others until after the student’s first post 184)RSS/Email Digest Attachment A 48 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 185)Ability to reply from e-mail/mobile devices back into discussions 186)Auto grading of discussions based on some criteria (quantity and/or date and/or keyword) is possible 187)Discussions can be locked / closed so that students can access and read but cannot post 188)File attachments can be made to discussion Posts 1.23 - WYSIWYG Editor 189)WYSIWYG Editor 190)WYSIWYG editor is available 191)Spell checker is present in the WYSIWYG editor 192)Ability to insert and upload images using the editor 193)Equation editor is available 194)Basic formatting is present in the WYSIWYG editor. (font, tables, hyperlinks, etc.) 195)Users can change the Time Zone of the interface for themselves 196)Option to clean Word Code 197)Release of Content / Due Dates 198)Ability to release content or activities based on a student’s review of specified content 199)Ability to dynamically rollover due dates each Semester 200)Ability to update due dates from one screen 201)Auto updating of quiz and assignment due dates based on individual student start dates and schedules. 202)Allow students to self-select a schedule for specific courses (e.g. 16 week schedule or 8 week schedule) Attachment A 49 | Page SECTION 2: SYSTEM FEATURES & FUNCTIONS (64 possible points) Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 2.1 - Institutional Assessment 1)Section level outcomes are available 2)Program/Department/Group level outcomes are available 3)Institution level outcomes are available 4)Server level outcomes (at the highest level across all institutions) are available 5)Ability to assess student outcomes and competencies through an integrated system 2.2 - Content Repository/Learning Object Repository 6)Instructors create content and share it with other instructors 7)Instructors can create content and share it at all levels in the hierarchy (with an entire institution, with the entire system) 8)Content stored in the repository includes activities in addition to files (i.e. quizzes or assignments or discussion) 2.3 - Hierarcy & Organization 9)Course and a Section hierarchy exists in the LMS (Example: You may have an ENG101 ‘course’ that allows for multiple sections to be attached to it) 10)An Intermediate hierarchy exists: Programs/Department/Group hierarchy exists in the LMS 11)Institution level hierarchy exists in the LMS to allow for individuality at the college institution level 12)Ability to allow department chair access to all courses within a specific department. 2.4 - Portfolios 13)There is a portfolio tool available within the LMS 14)Portfolios can be created at the individual level Attachment A 50 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 15)Students can create portfolios for a course/section 16)Ability to export a portfolio and download it for students to ‘take with’ them 2.5 - Standards & Compliance 17)ADA Section 508 compliant 18)WCAG compliant 19)SCORM compliant 20)Which version of SCORM is used? 21)Ability to Import content in IMS format 22)Ability to Export content in IMS format 23)LDAP Authentication is supported 24)Support for multiple authentications (i.e. multiple LDAP authentications) 25)SSL is supported 2.6 - Enrollment Quotas 26)Ability to set section level quotas 27)Ability to set user-level quotas 28)Ability to set quotas based on role (instructors, students) 29)Ability to adjust quotas for exceptions 2.7 - Branding 30)Ability to customize the course interface so that individual courses have a unique look and feel (themes available, or color schemes can be changed, or course banners can be added) 31)Ability to brand/customize at the institutional level in the hierarchy (if there is an institutional level) to allow for customization for each individual college. 2.8 - User & Role Management Attachment A 51 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 32)Ability to assign multiple instructors to a course 33)Ability to create custom user roles 34)Student and Instructor role are available 35)Delete users and courses/sections 36)Export users in a variety of formats 37)Guest or Auditor role is available 38)Import users from a variety of sources and in a variety of formats 2.9 - Course/Section Template Management 39)Ability to create a section of a course based on a ‘template’ or another existing section. This allows content to be reused. 40)Ability to create default ‘template’ for each institution (to allow each college to have a default template for new sections that are created). 41)Automatically create/update assessment and due dates in new courses based on student start date from a master course template. 2.10 - Internal Help 42)Help from within the system is searchable 43)Internal help documentation that appears within the system is customizable 44)Context sensitive help is available (Example: if you are creating a discussion and click on Help, the discussion help appears first) 45)Online video tutorials provided within the internal help 2.11 - Reporting & Statistics 46)Faculty usage statistics are available at the administrator level (example: amount of time a faculty has spent in each course, the last time a faculty has logged in, etc.) Attachment A 52 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 47)Student usage statistics are available at the administrator level (example: amount of time a student has spent in each course, the last time a student has logged in, etc.) 48)Statistics are available showing the number of users and roles present at each level in the hierarchy (i.e. number of faculty, students within each section, within each institution, at the system level, etc.) 49)The ability to retrieve user statistics and logs on demand. 50)Ability to identify user accounts that are not enrolled in sections 51)User account statistics: ability to identify user account creation and modify dates, 52)Tool usage statistics can be gathered (i.e. number of sections utilizing each tool) 53)Usage statistics of the system are available to measure load: peak times, number of logins per day, etc. 54)A list of ‘active’ and ‘inactive’ courses can be generated based on the term or a date range. 55)Ability to identify and report out students who have been inactive for X number of months and disable their access/remove them from the system. 2.12 - Training & Documentation 56)Existing training materials (video, written tutorials) are available for use in developing training 57)Written End User (faculty) documentation about how to use the tools within the LMS is available in an electronic format 58)Written documentation about how to use the tools within the LMS by students is available in an electronic format 59)Faculty screencasts/videos are available demonstrating common tasks within the LMS. Attachment A 53 | Page Feature Delivered Out Modifications of the Box Required Feature/Function Not Supported 60)Student screencasts/videos are available demonstrating common tasks within the LMS. 2.13 - End User Accessability 61)Company website contains an aggregated list of all accessibility documentation. 62)All product documentation is available in an accessible electronic format. 63)Company has a 3rd party analyze the product to measure accessibility compliance. 64)Product documentation includes information regarding accessibility features, limitations and workarounds of the product. Attachment A 54 | Page SECTION 3: THIRD PARTY TOLLS/INTEGRATIONS (37 possible points) Feature Delivered Out of the Box Feature/Function Modifications Required Not Supported 3.1 - Banner Student Information System Integration 1)Course / Section created based on Banner data 2)User account created based on Banner data 3)Enrollment of users in sections occurs based on Banner data 4)Students can be dropped/withdrawn from within the course roster and updated in Banner data. 5)Custom fields can be added to the LMS or user profile and populated by Banner. 6)Grades can automatically be exported from the system to Banner SIS. 3.2 - Publisher E-packs 7)Course Compass (e.g. MyMath, MyPsych, MyNursing); etc. 8)List other e-packs you support 3.3 - Clickers/Classroom Response Systems 9)Turning Point 10)eInstruction / PRS Interwrite 11)Wimba VoiceTools 12)Other 3.4 - Web Conferencing Tools 13)Elluminate 14)GoToMeeting 15)Microsoft Live Meeting 16)Adobe Connect 3.5 - Other Attachment A 55 | Page Feature/Function Feature Delivered Out of the Box Modifications Required Not Supported 17)BioSignature Identity 18)Evaluation Kit Surveys 19)Facebook 20)Google Applications Integration 21)Learning Objects Campus Pack 22)Lecture capture 23)Library authentication pass through 24)MH-Aairs (McGraw-Hill) 25)QuestionMark Perception 26)Respondux 4.0 + 27)Respondus LDB 28)Respondux Monitor 29)SafeAssign 30)Second Life 31)Smarter Measure (READI) 32)SNAP Surveys 33)SoftChalk publish with ScoreCenter 34)TurnItIn.com 35)Twitter 36)Video Viewer 37)WebEx Attachment A 56 | Page ATTACHMENT B: TECHNICAL REQUIREMENTS – NARRATIVE RESPONSES This section of the LMS RFP is seeking detailed responses to the following questions and topics for qualitative analysis. Provide a description for each item, rather than simply an affirmative/negative response. This Attachment includes 7 sections (Section 1: Services, Section 2: Product Roadmap, Section 3: Operational and Capacity, Section 4: LCTCS/Provider Partnership, Section 5: General Questions, Section 6: Implementation Summary, Section 7: General). Each section contains a list of questions that must be answered. The questions are NOT equally weighted. The possible number of points for each question is listed next to the question. There are a total of 303 possible points for Attachment B. NOTE: The order of the items shall not be changed or items added if the proposer scoring is to be considered. Zero points will be awarded for each item that is left blank. SECTION 1: SERVICES 200 possible points) A. Support (30 possible points) Describe the different support options available. Proposers should pay particular attention to the following items while answering this question. a. 24x7x365 Administrator Support b. 24x7x365 User Support c. Proposer will have one main point person as well as named account manager for account/project d. LCTCSOnline desires that English be the primary language of all call center agents e. LCTCSOnline desires service delivery within the continental U.S.A f. Follow-up protocol/escalation method/procedure g. Proposer must demonstrate escalation methods/procedures h. Online bug and support call tracking viewable by customer i. j. k. l. Describe capabilities for managing a contact center and help desk environment in collaboration with LCTCSOnline team. Provide an overview of the workflow, routing, knowledge systems and service level standards that will be deployed. Describe how it measures customer services. What tools are used to measure satisfaction? How is the collected information used? Please be specific and detailed. Describe how it will provide the toll free number and its utilization; will this toll free number be privately branded? How many lines or comparable voice over IP bandwidth that will be dedicated to in-coming calls? What is the related hold time statistics? Describe how it will build, manage, maintain and host a support portal. Will it be Attachment B 57 | Page privately branded? How will customers access this portal? m. Describe the rate of ticket closings and how it is monitored. n. Describe service levels for support. Include system availability or “up time”, response times as well as levels of escalation, incident resolution and reporting processes. Specify if there is a regular process for evaluating performance. B. Implementation (75 possible points) Clearly describe and specify as completely as possible the required plans for preparation, collection, analysis, reporting and development of the deployment and management plan; inclusive of the proposer’s level of commitment to work cooperatively with The Louisiana Community and Technical College System. Proposers should pay particular attention to the following items while answering this question. a. State an understanding of the tasks to be performed, potential problems and methods to identify and solve such problems. b. Describe the method(s) for maintaining the security of (project) materials obtained from LCTCSOnline. c. Each Proposer shall describe the security procedures used to protect information and data including procedures used to uphold FERPA, prevent identify theft, protect systems, and authenticate users. Proposer shall also describe bonding and insurance, as well as full description of training required of agents in the area of information security and FERPA. The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, is a federal law that protects the privacy of student education records. Students have specific, protected rights regarding the release of such records and FERPA requires that institutions adhere strictly to these guidelines. A Proposer’s submission, which does not satisfy FERPA guidelines, will be rejected without further consideration d. Describe the process and time frame for implementation including a project schedule with deliverables identified at each milestone. (Note: A chart has been included on page 6 of this RFP detailing the LMS and version that each member institution is currently using to aid in coming up with a realistic time frame for implementation). e. Describe all personnel assigned to this project including staffing pattern, and experience. An organizational chart and activities for this project should be included. f. C. Demonstrate the proposers understanding of the importance of communication with LCTCSOnline staff throughout the implementation. regular Application Service Provider (Hosting) (35 possible points) LCTCSOnline desires a hosted solution. Include information that describes the proposer’s prior experience (in terms of years) developing and implementing the type of program/service solicited in this proposal. Proposer must demonstrate that they have provided the same or similar services for at least three (3) other higher education institutions comparable to the size of LCTCS. Proposers should pay particular attention to the following items while answering this question. a. Security Attachment B 58 | Page b. Uptime Monitoring (Also covered in the SLA see above Section 1.A item “n”). c. Client access to Server Performance Monitoring tools for monitoring performance through the load balancer as a typical end user. d. Client access to Server Performance Monitoring tools for monitoring each web, application and database server directly. e. Client access to SNMP data for all web, application and database servers. f. Virus scanning support for attachments/content. g. Provide estimated hosting services provided in proposal including but not limited to: i. Production Database Size (GB) ii. Committed Internet Bandwidth (Mb/s) iii. Dedicated Circuit Bandwidth (Mb/s) iv. LCTCS Disk Storage (GB) h. Proposer must demonstrate the ability to provide the solution without a single-point of failure (i.e. operating out of one location) i. Describe back-up measures in place to quickly overcome system failures due to hardware problems, carrier problems, electrical outages, etc. j. Describe emergency contingency plans in place to allow another backup location to provide services to LCTCS customers in case of natural disasters, fires, etc. D. Community (25 possible points) Describe the support community available for the proposer’s LMS solution. Include details about the following at a minimum: a. b. c. d. E. Conferences User Groups Webinars Website/Forums Training (35 possible points) Describe solution. a. b. the training available and any additional costs associated for the proposer’s LMS Include details about the following at a minimum: Administrator training Existing training materials (video, tutorials, etc) c. Train-the Trainer d. End-User documentation (user guides, handbooks, etc.) Attachment B 59 | Page SECTION 2: PRODUCT ROADMAP (12 possible points) 2 possible points per question 1. Do you have a standard release schedule for version upgrades? If so, what is the release schedule? 2. How often are major releases typically available? How often are minor releases typically available? 3. When there is a security issue or immediate fix needed, what is the turnaround time for a patch/hotfix to be released? 4. Please give an example of a security issue and hotfix that your company has encountered in the past. Provide a brief summary of the security issue, the timeline for the development, testing, and release of the hotfix. 5. What is the typical downtime and preparation time required to move to a newer version? 6. Are hosted systems and self-hosted systems on the same release schedule? Attachment B 60 | Page SECTION 3: OPERATIONAL AND CAPACITY (35 possible points) 1 possible point per question 1. Describe your company and its history in successfully providing the services requested (in this document) to previous clients. 2. Describe your ability to successfully provide and/or comply with all of the items listed in Scope of Work. 3. Describe any other qualities, qualifications, and/or examples that further demonstrate your abilities to provide the services requested in the RFP. 4. Disclose location of data centers where solution is to be hosted and data will reside. Describe company health, including financials or current litigations. 5. Can routine hardware maintenance be performed without disrupting the system availability to users? 6. How does the system degrade when the load becomes too much? What are the alerts or warnings that appear when this happens? 7. As LMS use grows both in breadth and depth, how is the system expandable such that the labor requirements and system uptime are not affected? 8. How does your product coordinate available enterprise web services in an end-to- end business process? 9. What data modeling tools can be used with Software Development Kit (SDK) when developing applications that integrate with the LMS? 10. Describe how your product supports large data volumes including large database/application server messaging and high arrival rates (include limitations). Attachment B 61 | Page 11. What OS and other technology is used for your application servers? Describe session persistence scenarios for your system. 12. Describe the logging that is available from your system. Include the types of logs available, standards used to create the logs and the data available. 13. What standard portal technology does your product integrate with? 14. Does your product support JSR168 (Java Specification Request) or JSR286 Portlets? 15. Provide information regarding the Quality Assurance (QA) department size, methodology, vision, commitment, and track record. 16. Describe the processes for testing hot fixes and new releases. 17. What kind of performance tests are done on the system before software is released? 18. Is testing performed in a simulated production environment with full-sized databases, user traffic and application architecture? 19. What comprehensive functional tests are performed? How does the QA process check for accessibility? 20. What kind of integration testing with 3rd party tools or Program Integration (PI) is performed? Describe the load testing process. 21. What are the unavoidable single points of failure? 22. What methods are employed for performing a LMS backup of the database and application servers? Describe the backup schedule, retention, and location of media for the proposed solution. 23. What are the methods for course section backups? 24. What are the methods for course(s) and section(s) recovery and the amount of time required to perform the recovery? 25. Can all sections be recovered from the course backup? Attachment B 62 | Page 26. Define the course roll over process. Can courses be archived and backed up by semester or date range? Can this be done without affecting end-user performance? 27. Describe the backup system configurations (hardware and software) that are used by other large consortiums. 28. How does the system secure data between the client and the LMS and the application servers and the database? What standards are employed, e.g. SSL, encryption, etc. Explain in detail how all data is secured. 29. What migration tools and utilities are available to move from your LMS to a standard format (i.e. IMS formats)? 30. Describe what metadata support your system has and at what level. 31. Is there functionality provided in the SDK or API to add to the metadata repository? 32. How do you view and query metadata repository data? 33. Does your product provide graphical representations of LMS content metadata and web services linkages? 34. Describe the 3rd party market of other companies that are creating applications or application extensions using your APIs to extend the functionality of your system? How mature is this market? 35. Describe how your product (feature) passes Section 508 Software Applications and Operating System Criteria 1194.21 (a) - (l) and / or Web Criteria 1194.22 • provides equally effective access for individuals using a robust range of assistive technologies. Attachment B 63 | Page SECTION 4: LCTCS/PROVIDER PARTNERSHIP (10 possible points) 2 possible points per question 1. Describe the typical relationship and personnel involved between your organization and LCTCS. Who are the key contacts at your company and their roles? (E.g. Account Representative, Technical Support Representative, etc.). 2. What is the hierarchy or organizational structure of the personnel LCTCS would interact with? 3. Describe how (and if) the LCTCS relationship would be handled as a large client compared to a client of a smaller size. 4. What opportunities are available for LCTCS to assist in shaping product, support, and services provided by the company? 5. What kinds of events and user communities are available and/or supported by the LMS provider in order to learn from other users and clients? Attachment B 64 | Page SECTION 5: GENERAL QUESTIONS (16 possible points) 1 possible point per question 1. Is there a documented database schema available for your clients? 2. What tools are used to monitor the whole system? Do you provide one tool that gives a dashboard to monitor the system while it is up and running? 3. Do you allow a test instance or instances of your product? 4. How many different authentication methods can be used on the same system and what methods of authentication can be used? 5. Describe any scalability limitations of the system. 6. What methods and/or tools are available to extend the system? Is an SDK or Web API available? 7. Are there functions that can be performed via a web API? Can the following functions be performed via an API: create/delete users, create/delete sections, and enroll/ unenroll users? What other functions can be performed via an API? 8. Can single sign-on from other systems be implemented? 9. Describe minimum end-user requirements hardware, software (browsers supported) and bandwidth setup for accessing the system off-campus (e.g. a student accessing a class from home). 10. Briefly describe your Quality Assurance process. How does your company ensure the software contains the least amount of bugs and issues are found in the product in a production environment? 11. What training and training materials are included with the license? What optional training materials are available at an additional cost? 12. What support options are available? Please describe the levels and the recommended support options for LCTCS. Attachment B 65 | Page 13. What mobile device technologies are natively supported by the proposed solution? Are 3rd party products or services required for this support? Does the proposed solution provide/require applications to be installed on smart phones? 14. Describe how you work with 3rd party vendors to integrate services and content into your product. 15. Please describe your load testing methodology. How would you perform load testing for the implementation you propose for LCTCS? 16. Do you allow a development instance or instances of your product? Attachment B 66 | Page SECTION 6: IMPLEMENTATION SUMMARY (26 possible points) 2 possible points per question 1. How are updates managed with hosted clients? Are updates installed by asking the client for acceptance? 2. What metrics are used to determine level of service? 3. How is the customer informed about whether service level objectives are being met? Briefly describe the in-house backup and disaster recovery procedures. 4. What is the process for requesting part of the archive? What is the typical turn-around time to send a client part of the archive? 5. For the purposes of calculating the uptime, what is your definition of when a system is “down” or not available? 6. When system performance is poor what tools does your team use to monitor the system and be alerted to the performance problem? 7. When your team is alerted to a system performance problem what actions are taken to notify the technical point of contact at the client? 8. How does the alert process change after normal business hours and on weekends? What is the notification process for LCTCS personnel to report system performance issues? 9. How does the notification process change after normal business hours and on weekends? 10. If your hosting facility is in a different time zone than LCTCS, how does your company support time zone issues? 11. In the event of a service failure describe the recovery time objective and recovery point objective for a return to service. Are disaster recovery systems regionally locally diverse, regionally diverse, or globally diverse? 12. What is your recommended business continuity strategy for us to follow in the event of an extended service outage lasting more than 24 hours? 13. Describe the data center that would house LCTCS’s environment. Include information on security, network infrastructure, servers, etc. Attachment B 67 | Page SECTION 7: GENERAL (4 possible points) Why should LCTCSOnline choose your product and your company? Please provide a concise narrative as to why your LMS product and your company are best able to serve LCTCS. Include any key items about your company and unique features of your product that distinguishes it above others. Attachment B 68 | Page ATTACHMENT C: FINANCIAL PROPOSAL • • • • • • Each proposer shall submit a cost proposal for a fully hosted solution. LCTCSOnline desires tiered pricing based on the number of users as of the 14th class day for the Fall semester each year. For each cost proposal, proposers shall provide a summary of all fixed costs (such as onetime startup costs) and a summary of all variable costs. Each proposer shall submit a tiered pricing model based on the number of users of the system for each solution. For consistency, two charts have been included below to incorporate two tiers based on the number of users. Proposers shall include a brief explanation of what is included with each cost item listed as “Other” in the pricing chart. Proposers may include a brief explanation of what is included with each cost item listed not listed as “Other”. These additional explanations should be included after the tiered pricing charts and each explanation should be clearly crossreferenced to the applicable item in the chart submitted. Proposers shall include the price for each item for each of the five years. This attachment must be signed by the proposer. The total number of possible points for this section is 303. The points will be awarded using the following formula: BCS = (LPC/PC) X 303 Where: BCS = Computed cost score (points) for proposer being evaluated LPC = Lowest Proposed Cost of all proposers for chosen solution PC = Total cost of proposer being evaluated for chosen solution Note: The cost to be evaluated in the formula above will be calculated by taking the average of the five year total cost (Tier 1 five year total cost plus Tier 2 five year total cost divided by two) for both tiers. Attachment C 69 | Page Fully Hosted Option Tier 1 (0 - 45,000 users as of 14th day of Fall semester) Description of Cost Year 1 Costs Year 2 Costs Year 3 Costs Year 4 Costs Year 5 Costs Total 5 Year Cost One-time Startup Costs 1) Implementation/testing Costs 2) Enhancement/Modification Costs 3) Training Costs 4) Documentation Costs 5) Other (please explain) Total One-time startup costs 24x7x365 Support 6) User & Administrator Support 7) Other (please explain) 8) Other (please explain) 9) Other (please explain) Total Annual Support Costs Annual Software License & Other Non-Hosting Related Costs 10) Annual Software License 11) Annual Software Maintenance 12) Other (please explain) 13) Other (please explain) Total Annual Software License & Other Non-Hosting Costs Attachment C 70 | Page Hosting Costs 14) Annual Hosting Costs 15) Other (please explain) 16) Other (please explain) 17) Other (please explain) Total Hosting Costs Grand Total Attachment C 71 | Page Fully Hosted Option Tier 2 (45,001 - 80,000 users as of 14th day of Fall semester) Description of Cost Year 1 Costs Year 2 Costs Year 3 Costs Year 4 Costs Year 5 Costs Total 5 Year Cost One-time Startup Costs 1) Implementation/testing Costs 2) Enhancement/Modification Costs 3) Training Costs 4) Documentation Costs 5) Other (please explain) Total One-time startup costs 24x7x365 Support 6) User & Administrator Support 7) Other (please explain) 8) Other (please explain) 9) Other (please explain) Total Annual Support Costs Annual Software License & Other Non-Hosting Related Costs 10) Annual Software License 11) Annual Software Maintenance 12) Other (please explain) 13) Other (please explain) Total Annual Software License & Other Non-Hosting Costs Attachment C 72 | Page Hosting Costs 14) Annual Hosting Costs 15) Other (please explain) 16) Other (please explain) 17) Other (please explain) Total Hosting Costs Grand Total Attachment C 73 | Page Additional explanations for Fully Hosted Solution. If the explanations below only apply to a certain tier please state that fact, otherwise it will be assumed that these explanations apply to all tiers of the hosted solution. 1. Implementation/Testing Costs 2. Enhancement/Modification Costs 3. Training Costs 4. Documentation Costs 5. Other (Explain) 6. User & Administrator Support 7. Other (Explain) 8. Other (Explain) 9. Other (Explain) 10. Annual Software License 11. Annual Software Maintenance 12. Other (Explain) 13. Other (Explain) 14. Annual Hosting Costs 15. Other (Explain) 16. Other (Explain) Attachment C 74 | Page 17. Other (Explain) Proposer Signature: Date: Printed Name: Company Name: Company Address: Attachment C 75 | Page This form “must” be completed and submitted with the proposal Attachment D CERTIFICATION STATEMENT The undersigned hereby acknowledges she/he has read and understands all requirements and specifications of the Request for Proposals (RFP), including attachments. OFFICIAL CONTACT: LCTCSOnline requests that the Proposer designate one person to receive all documents and the method in which the documents are best delivered. Identify the Contact name and fill in the information below: (Print Clearly) Date Official Contact Name: A. E-mail Address: B. Facsimile Number with area code: C. US Mail Address: ( ) Proposer certifies that the above information is true and grants permission to LCTCSOnline to contact the above named person or otherwise verify the information provided. By its submission of this proposal and authorized signature below, Proposer certifies that: 1. The information contained in its response to this RFP is accurate; 2. Proposer complies with each of the mandatory requirements listed in the RFP and will meet or exceed the functional and technical requirements specified therein; 3. Proposer accepts the procedures, evaluation criteria, mandatory contract terms and conditions, and all other administrative requirements set forth in this RFP. 4. Proposer understands that if selected as the successful Proposer, he/she will have 7 business days from the date of delivery of final contract in which to complete contract negotiations, if any, and execute the final contract document. 5. Proposer certifies, by signing and submitting a proposal for $25,000 or more, that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in “Audit Requirements in Subpart F of the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly OMB Circular A-133). (A list of parties who have been suspended or debarred can be viewed via the internet at www.sam.gov .) Authorized Signature: Typed or Printed Name: Title: Company Name: Address: City: State: SIGNATURE of Proposer's Authorized Representative Attachment D Zip: DATE 76 | Page Attachment E SAMPLE GENERIC CONTRACT STATE OF LOUISIANA File No. ____________ PARISH OF ____________________________________ (or solicitation #) CONTRACT Be it known, that effective upon approval by the Director of State Purchasing, as evidenced by the Director’s signature on this document, the (Agency Name) (hereinafter sometimes referred to as "State") and (Contractor's name and legal address including zip code) (hereinafter sometimes referred to as "Contractor") do hereby enter into contract under the following terms and conditions. SCOPE OF SERVICE Contractor hereby agrees to furnish the following services: (If the Scope of Services is more lengthy than will fit here, it may be attached separately, referenced and incorporated herein.) CONTRACT MODIFICATIONS No amendment or variation of the terms of this contract shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the contract is binding on any of the parties. Changes to the contract include any change in a) compensation; b) beginning/ending date of the contract; c) scope of work; and/or d) contractor change through the assignment of contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract. FUND USE Contractor agrees not to use contract proceeds to urge any elector to vote for or against any candidate or proposition on an election ballot nor shall such funds be used to lobby for or against any proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. HEADINGS Descriptive headings in this contract are for convenience only and shall not affect the construction of this contract or meaning of contractual language. PAYMENT TERMS The Contractor shall invoice the State Agency directly and payment shall be made by the State Agency directly to the Contractor in accordance with the payment terms agreed to in this Contract. Attachment E 77 | Page LATE PAYMENTS Interest due by the State Agency for late payments shall be in accordance with R.S. 39:1695 and 13:4202. DELIVERABLES Contractor will deliver the item(s) or service(s) as described below (or per the attached) per the following schedule… TAXES Contractor agrees that all applicable taxes are included in the schedule pricing. State agencies are exempt from all state and local sales and use taxes. TERMINATION OF THIS CONTRACT FOR CAUSE The State may terminate this contract for cause based upon the failure of Contractor to comply with the terms and/or conditions of the contract, or failure to fulfill its performance obligations pursuant to this contract, provided that the State shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the State may, at its option, place the Contractor in default and the contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the State to comply with the terms and conditions of this contract, provided that the Contractor shall give the State written notice specifying the State’s failure and a reasonable opportunity for the State to cure the defect. TERMINATION OF THIS CONTRACT FOR CONVENIENCE The State may terminate this Contract at any time by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date. The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. TERMINATION FOR NON-APPROPRIATION OF FUNDS The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. Attachment E 78 | Page OWNERSHIP All records, reports, documents, or other material related to this contract and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of State, and shall, upon request, be returned by Contractor to State, at Contractor's expense, at termination or expiration of this contract. USE OF AGENCY’S FACILITIES Any property of the State furnished to the Contractor shall, unless otherwise provided herein, or approved by the State and/or Agency, be used only for the performance of this contract. The Contractor shall be responsible for any loss or damage to property of the State and/or State Agency which results from willful misconduct or lack of good faith on the part of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices, to ensure that the property will be returned to the State and/or State Agency in like condition, except for normal wear and tear, to that in which it was furnished to the Contractor. Upon the happening of loss, or destruction of, or damage to property of the State , the Contractor shall notify the State thereof and shall take all reasonable steps to protect that property from further damage. The Contractor shall surrender to the State and/or State Agency all property of the State and/or State Agency prior to settlement upon completion, termination, or cancellation of this contract. All reference to the Contractor under this section shall include any of its employees, agents, or subcontractors. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by the written consent of both parties. WARRANTIES Contractor warrants that all services shall be performed in a workmanlike manner, and according to its current description (including any completion criteria) contained in the scope of work. This paragraph may only apply when software is involved. No Surreptitious Code Warranty. Contractor warrants that Contractor will make all commercially reasonable efforts not to include any Unauthorized Code in the software provided hereunder. "Unauthorized Code" means any virus, Trojan horse, worm or other software routine or component designed to permit unauthorized access to disable, erase, or otherwise harm software, equipment, or data, or to perform any other such actions. Excluded from this prohibition are identified and Stateauthorized features designed for purposes of maintenance or technical support. Extent of Warranty: THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Attachment E 79 | Page INDEMNIFICATION AND LIMITATION OF LIABILITY Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under this contract. Contractor shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify and hold harmless the State from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by Contractor, its agents, employees, partners or subcontractors in the performance of this contract, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of the State. Contractor will indemnify, defend and hold the State harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims judgments, liabilities and costs which may be finally assessed against the State in any action for infringement of a United States Letter Patent with respect to the Products, Materials, or Services furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that the State shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, the State may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: i) State’s unauthorized modification or alteration of a Product, Material, or Service; ii) State’s use of the Product, Material, or Service in combination with other products, materials, or services not furnished by Contractor; iii) State’s use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the state’s exclusive remedy to take action in the following order of precedence: (i) to procure for the State the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to the State up to the dollar amount of the Contract. For all other claims against the Contractor where liability is not otherwise set forth in the contract as being “without limitation”, and regardless of the basis on which the claim is made, Contractor’s liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges for services rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Contractor is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. The State may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the Attachment E 80 | Page performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. INSURANCE Contractor will be required to provide the State of Louisiana with Certificates of adequate insurance indicating coverage required, (in accordance with Section(s) _____of the RFP). LICENSES AND PERMITS Contractor shall secure and maintain all licenses and permits, and pay inspection fees required to do the work required to complete this contract, if applicable. SEVERABILITY If any term or condition of this contract or the application thereof is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application; to this end the terms and conditions of this contract are declared severable. SUBCONTRACTORS The Contractor may enter into subcontracts with third parties for the performance of any part of the Contractor’s duties and obligations. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the State and/or State Agency for any breach in the performance of the Contractor's duties. The Contractor will be the single point of contact for all subcontractor work. SUBSTITUTION OF PERSONNEL If, during the term of this contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the State for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal. ASSIGNMENT Contractor shall not assign any interest in this contract by assignment, transfer, or novation, without prior written consent of the State. This provision shall not be construed to prohibit the contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State. CODE OF ETHICS The contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (R.S. 42:1101 et. seq., Code of Governmental Ethics) applies to the Contracting Party in the performance of services called for in this contract. The contractor agrees to immediately notify the state if potential violations of the Code of Governmental Ethics arise at any time during the term of this contract. Attachment E 81 | Page CONFIDENTIALITY The following provision will apply unless the state agency statement of work specifically indicates that all information exchanged will be non-confidential: All financial, statistical, personal, technical and other data and information relating to the State’s operations which are designated confidential by the State and made available to the Contractor in order to carry out this contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of the paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the Contractor outside the scope of the contract, or is rightfully obtained from third parties. CONTRACT CONTROVERSIES Any claim or controversy arising out of this contract shall be resolved by the provisions of Louisiana Revised Statute 39:1673. RIGHT TO AUDIT The State Legislative auditor, federal auditors and internal auditors of the Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the contract for a period of five (5) years after project acceptance or as required by applicable State and Federal Law. Records shall be made available during normal working hours for this purpose. SECURITY Contractor’s personnel will comply with all security regulations in effect at the State’s premises, and externally for materials and property belonging to the State or to the project. Where special security precautions are warranted (e.g., correctional facilities), the State shall provide such procedures to the Contractor, accordingly. Contractor is responsible for promptly reporting to the State any known breach of security. TERM OF CONTRACT This Contract is effective upon OSP approval and will end no later than <length of term specified in the RFP>, unless otherwise terminated in accordance with the Termination provision of this Contract. The State has the option, upon acceptance by the Contractor, to extend for <extension language as specified in the RFP>. Attachment E 82 | Page COMMENCEMENT OF WORK No work shall be performed by Contractor and the State shall not be bound until such time as this Contract is fully executed between the State and the Contractor and all required approvals are obtained. COMPLIANCE WITH CIVIL RIGHTS LAWS The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract. ANTI-KICKBACK CLAUSE The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled. CLEAN AIR ACT The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violating Facilities. ENERGY POLICY AND CONSERVATION ACT The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). CLEAN WATER ACT The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. ANTI-LOBBYING AND DEBARMENT ACT The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act. Attachment E 83 | Page GOVERNING LAW This Contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana. Venue of any action brought with regard to this Contract shall be in the Nineteenth Judicial District Court, parish of East Baton Rouge, State of Louisiana. COMPLETE CONTRACT This is the complete Contract between the parties with respect to the subject matter and all prior discussions and negotiations are merged into this contract. This contract is entered into with neither party relying on any statement or representation made by the other party not embodied in this contract and there are no other agreements or understanding changing or modifying the terms. This Contract shall become effective upon final statutory approval. ORDER OF PRECEDENCE The Request for Proposals (RFP), dated ____________, and the Contractor's Proposal dated _______________, are attached hereto and, incorporated into this Contract as though fully set forth herein. In the event of an inconsistency between this Contract, the RFP and/or the Contractor's Proposal, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence first to this Contract, then to the RFP and finally, the Contractor's Proposal. THUS DONE AND SIGNED AT ________________________ on this _____ day of _____, 20__, and, IN WITNESS WHEREOF, the parties have executed this Contract. WITNESSES’ SIGNATURES: ________________________________ ________________________________ CONTRACTOR SIGNATURE: By: __________________________________ Title: _________________________________ THUS DONE AND SIGNED AT Baton Rouge, Louisiana on this _____ day of _____, 20__, and, IN WITNESS WHEREOF, the parties have executed this Contract. WITNESSES’ SIGNATURES: ________________________________ ________________________________ STATE AGENCY SIGNATURE: By:__________________________________ Title_________________________________ Phone No.:____________________________ Approved by: Date: __________________ _______________________ Director of State Purchasing Attachment E 84 | Page