7.0
SPECIAL CONTRACT TERMS AND CONDITIONS
7.1
Payment requirements and acceptance
The payment schedule and associated testing and acceptance schedule will be
negotiated at the time of award.
7.2
Liquidated damages
The contractor acknowledges that damages will be incurred by UWS in the event
there is significant downtime experienced. UWS shall pass on the actual costs of
damages incurred onto the contractor, not to exceed the total dollar value of the
contract, for significant downtime experienced during the term of the contract.
The contractor agrees that UWS shall have the right to liquidate such damages,
through deduction from the contractor's invoices, in the amount equal to the
damages incurred, or by direct billing to the contractor.
7.3
Source Code
The contractor shall keep and maintain current a copy of the source code in
escrow with an escrow agent. The contractor will pay all costs of providing and
maintaining the source code in escrow, including the fee of the escrow agent.
Prior to final system acceptance, the contract will provide the UWS Contract
Administrator a copy of the agreement between the contractor and the escrow
agent to verify the source code has been placed in escrow. The agreement
between the contractor and the escrow agent will authorize the escrow agent to
release the source code to UWS in the event that one or more of these events
occur:
a) The contractor becomes the subject of a bankruptcy proceeding
b) The contractor, or its successor organization, fails or refuses to support the
software installed at UWS
c) All or any material part of the source code is generally made available by the
contractor, with or without additional cost, to other users of comparable software
d) The contractor, or successor organization, is unable to support the UWS as
specified
in this contract
7.4
Prime contractor and minority business subcontractors
The prime contractor will be responsible for contract performance when
subcontractors are used. However, when subcontractors are used, they must
abide by all terms and conditions of the contract. If subcontractors are to be
used, the proposer must clearly explain their participation.
The State of Wisconsin is committed to the promotion of minority business in the
state's purchasing program and a goal of placing 5% of its total purchasing
dollars with certified minority businesses. Authority for this program is found in
ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. UWS is
committed to the promotion of minority business in the state's purchasing
program.
The State of Wisconsin policy provides that minority-owned business enterprises
certified by the Wisconsin Department of Commerce, Bureau of Minority
Business Development should have the maximum opportunity to participate in
the performance of its contracts. The supplier/contractor is strongly urged to use
due diligence to further this policy by awarding subcontracts to minority-owned
business enterprises or by using such enterprises to provide goods and services
incidental to this agreement, with a goal of awarding at least 5% of the contract
price to such enterprises.
A listing of certified minority businesses, as well as the services and
commodities they provide, is available from the Department of Administration,
Office of the Minority Business Program, 608/267-7806. The listing is published
on the Internet at: http://www.doa.state.wi.us/dsas/mbe/index.asp.
7.5
Executed contract to constitute entire agreement
In the event of contract award, the contents of this RFP (including all
attachments), RFP addenda and revisions, and the proposal of the successful
proposer, and additional terms agreed to, in writing, by UWS and the contractor
shall become part of the contract. Failure of the successful proposer to accept
these as a contractual agreement may result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts
or disputes.
Negotiated Contract or License and Service Agreement
Vendor's Proposal Dated October 2, 2002
UWS Request for Proposal Dated August 7, 2002
Standard Terms and Conditions
7.6
Termination of contract
The agency may terminate the contract at any time at its sole discretion by
delivering ninety (90) days written notice to the contractor. Upon termination, the
agency's liability will be limited to the pro rata cost of the services performed as
of the date of termination plus expenses incurred with the prior written approval
of the agency. In the event that the contractor terminates the contract, for any
reason whatsoever, it will refund to the agency within ten (10) days of said
termination, all payments made hereunder by the agency to the contractor for
work not completed or not accepted by the agency. Such termination will require
written notice to that effect to be delivered by the contractor to the agency not
less than ninety (90) days prior to said termination.
7.7 Secure Encryption - Any data transmitted over a LAN or WAN must be encrypted.
7.8 Accessibility - Section 508 accessibility compliance at the time of the contract.
(www.section508.gov). See section 5 for more information on this.
7.9 Scalability and Performance - System performance must achieve the performance
metrics specified, on the platform configuration proposed.
Performance tests
The tests are of two basic types, sustained and peak. The sustained test shows
performance that can be sustained indefinitely, where as a peak test is for a peak
usage period. The nominal time period for the sustained test is an hour where as
a peak test is a minute.
Testing should be done using the actual production system implemented at the
UW facility. The test load will be done using a state of the art load testing tool
(note: include acceptable tools somewhere, one will be Silk Performer) that is run
at the UW facility using the same computer network and the e-Learning system
servers. The intent of these tests is to show the performance of the servers, not
the network.
The over all sizing is
200,000 students
20,000 courses
There is an assumption made that UWS has 200,000 student users possible, that
is roughly the size of the entire UW student population. The tests use a
percentage of this total to give a likely load for the various functions.
Sustained
Volume
Response
20,000
5 sec/ login
login/ hour
Peak
Volume
Response
5,000 login
20 sec/
/ minute
login
Syllabus
20,000
hits/ hour
2 sec/ hit
5,000 hit/
minute
10 sec/ hit
Course
Information
20,000 hits
/ hour
5 sec/ hit
5000 hit/
minute
15 sec/ hit
Function
Login
Description
Login to system
and display
initial page.
Display the
syllabus for a
single course.
Syllabus is 300
words of text, no
graphics.
Main course
page, includes
about 300
worlds of text
and 50 KB of
graphics.
View discussion
thread
10,000
views/
hour
2 sec/ view
2,000 view/
minute
10 sec/
view
Post to Discussion
2,000 posts
/hour
2 sec/ post
5,000 posts/
minute
10 sec/
post
View a quiz
20,000
quizzes /
hour
2 sec/ quiz
5,000
quizzes/
min
10 sec/
quiz
Take a quiz
10,000
quizzes/
hour
5 sec/ quiz
2,500 quiz/
min
15 sec/
quiz
Take a quiz and
grade immediately
10,000
quizzes/
hour
10 sec/ quiz
2,500 quiz/
min
20 sec/
quiz
View quiz results
for entire course
2000 quiz
results/
hour
5 sec/ quiz
result
200 quiz
rulsts/ min
10 sec/
quiz result
Query user
database
100
queries/
hour
2 sec/ quiz
10 queries/
min
10 sec/
query
View a
discussion with
4 threads and 10
messages. 300
words of text on
all messages, 2
messages with
25 KB of
images, 1 with
100KB
attachment.
Post a message
to an existing
discussion
thread. Message
is about 250
words, no
graphic, no
attachment
Quiz with 10
questions, 5
MC, 3 T/F, 2
short answer. 5
25 KB graphics
and 1 100KB
video object
included.
Quiz with 10
questions, 5
MC, 3 T/F, 2
short answer.
Time is to
submit quiz and
receive
confirmation.
Quiz with 10
questions, 5
MC, 3 T/F, 2
short answer.
Grading shows
correct answers
to student.
10 question
quiz, 200
students in
course
On 200,000-user
account db,
query for a
particular user
and display their
name.
View gradebook
for entire course
Load user
accounts for
external database
Load student
rosters
7.10
5 sec/
gradebook
view
200
gradebook
view/ min
20 sec/
gradebook
view
Class of 200
students in each
grade book
1 hour
NA
NA
Batch load of
user accounts
50,000
users
1 hour
NA
NA
Batch load of
student course
rosters
Quality of Service Metrics (exclusive of factors outside of the vendor's control):


7.11
2000
gradebook
views/
hour
50,000
users
Maximum down time of 10 minutes to restart the system, on the platform
configuration proposed.
99.9% up time on the platform configuration proposed.
Development or acquisition of additional UWS software
UWS may acquire or develop software (or software applications) that operate
within or integrate with the e-Learning system for its own internal use. Such
software shall remain the sole property of UWS. UWS reserves the right to run
such software on the e-Learning system or elsewhere as needed.