MINNESOTA STATE COLLEGES AND UNIVERSITIES
SYSTEM OFFICE
REQUEST FOR PROPOSAL (RFP)
FOR
CONTENT AUTHORING TOOL
OCTOBER 2015
SPECIAL NOTE: This Request for Proposal (RFP) does not obligate the Minnesota State Colleges and
Universities (MnSCU) system, its Board of Trustees or the System Office to award a contract or
complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in
its best interest. Proposals must be clear and concise. Proposals that are difficult to follow or that do
not conform to the RFP format or binding specifications may be rejected. Responding Vendors must
include the required information called for in this RFP. MnSCU reserves the right to reject a proposal if
required information is not provided or is not organized as directed. MnSCU also reserves the right to
change the evaluation criteria or any other provision in this RFP by posting notice of the change(s) on
the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Auth
oring%20Tool%20RFP%202015.html.
For this RFP, posting on the captioned web site above constitutes written notification to each Vendor.
Vendors should check the site daily and are expected to review information on the site carefully
before submitting a final proposal.
1
MnSCU RFP Content Authoring Tool October 2015
REQUEST FOR PROPOSAL (RFP) FOR ASSESSMENT FOR COURSE PLACEMENT
Contents
Cover Page:
MINNESOTA STATE COLLEGES AND UNIVERSITIES SYSTEM OFFICE............................................................... 1
SECTION I. GENERAL INFORMATION ....................................................................................... 5
Background ................................................................................................................... 5
Nature of RFP................................................................................................................. 5
General Selection Criteria ............................................................................................... 6
Selection Process............................................................................................................ 6
Selection and Implementation Timeline .......................................................................... 7
Contract(s) Awarded and Pricing Structure...................................................................... 7
Contract Term ................................................................................................................ 7
Parties to the Contract ................................................................................................... 7
Contract Termination ..................................................................................................... 7
Definitions ..................................................................................................................... 7
Applicable Law ............................................................................................................... 8
Contract Assignment ...................................................................................................... 8
Entire Agreement ........................................................................................................... 8
Deviations and Exceptions .............................................................................................. 8
Pre-Award Vendor’s Conference ..................................................................................... 8
Duration of Offer............................................................................................................ 8
Authorized Signature...................................................................................................... 9
Proposal Rejection and Waiver of Informalities ............................................................... 9
SECTION II. PARTIES TO THE RFP AND CONTRACT ................................................................... 9
SECTION III. RFP REQUIREMENTS............................................................................................ 9
RFP Inquiries and Information Contact .......................................................................... 10
SECTION IV. RESPONSE EVALUATION .................................................................................... 10
Evaluation Process ....................................................................................................... 10
Evaluation Criteria and Weighting ................................................................................ 12
2
MnSCU RFP Content Authoring Tool October 2015
SECTION V. ADDITIONAL RFP RESPONSE AND GENERAL CONTRACT REQUIREMENTS ......... 12
Notice to Vendors and Contractors ............................................................................... 12
Sample Contract .......................................................................................................... 12
Problem Resolution Process .......................................................................................... 13
Affidavit of Non-Collusion............................................................................................. 13
Human Rights Requirements ........................................................................................ 13
Equal Pay Certificate .................................................................................................... 13
Preference to Targeted Group and Economically Disadvantaged Business and
Individuals ................................................................................................................... 13
Veteran-Owned Preference .......................................................................................... 14
Insurance Requirements ............................................................................................... 14
State Audit................................................................................................................... 16
Minnesota Government Data Practices Act ................................................................... 16
FERPA School Official Requirement............................................................................... 17
Conflict of Interest ........................................................................................................ 17
Organizational Conflicts of Interest ............................................................................... 17
Physical and Data Security............................................................................................ 18
Reimbursements .......................................................................................................... 18
SECTION VI. PROCEDURES FOR RESPONDING ........................................................................ 18
Proposal Format .......................................................................................................... 18
Cover Letter ................................................................................................................. 19
Submission Requirements and Process .......................................................................... 19
ATTACHMENT 1. DEFINITIONS .............................................................................................. 22
APPENDIX A. AFFIDAVIT OF NON-COLLUSION ...................................................................... 33
APPENDIX B. AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE (NOTICE TO
CONTRACTORS) ..................................................................................................................... 34
APPENDIX C. AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE (NOTICE TO
VENDORS) ............................................................................................................................. 27
APPENDIX D. EQUAL PAY CERTIFICATION APPLICATION....................................................... 29
APPENDIX E. VETERAN-OWNED PREFERENCE FORM ............................................................ 30
APPENDIX F. COMMISSIONER’S PLAN .................................................................................. 31
3
MnSCU RFP Content Authoring Tool October 2015
APPENDIX G. PROPOSAL OFFERING FORM ........................................................................... 34
APPENDIX H: VENDOR’S REFERENCES ................................................................................... 35
Appendix I. VENDOR QUALIFICATIONS ................................................................................... 37
Appendix J – GENERAL SELECTION CRITERIA ........................................................................... 41
APPENDIX K. FUNCTIONAL REQUIREMENTS ......................................................................... 44
APPENDIX L. TECHNICAL REQUIREMENTS ............................................................................. 56
APPENDIX M. VPAT WEB CONTENT ACCESSIBILITY GUIDELINES 2.0 LEVEL AA ...................... 56
APPENDIX N. VPAT SECTION 508 OF THE REHABILITATION ACT .............................................. 64
APPENDIX O. COST PROPOSAL (FINANCIAL REQUIREMENTS) ................................................ 74
EXHIBIT P. PROFESSIONAL/TECHNICAL SERVICES CONTRACT .................................................. 76
4
MnSCU RFP Content Authoring Tool October 2015
SECTION I. GENERAL INFORMATION
Background
Minnesota State Colleges and Universities is the fifth-largest system of higher education in the United
States. It is comprised of 31 two-year colleges and four-year universities with 54 campuses located in 47
Minnesota communities. The System serves approximately 430,000 students each year. The Minnesota
State Colleges and Universities is an independent state entity that is governed by a 15 member Board of
Trustees. The law creating the system was passed by the Minnesota Legislature in 1991 and went into
effect July 1, 1995. The law merged the state's community colleges, technical colleges and state
universities into one system. For more information about Minnesota State Colleges and Universities,
please view its Web site at www.mnscu.edu.
Nature of RFP
The System Office of MnSCU is requesting proposals from Respondents for LMS-independent content
authoring tool Cloud solutions for use by MnSCU faculty and/or training staff to begin April 15, 2016.
The solution should provide for the development of an array of media to create engaging and interactive
learning content for MnSCU courses. Respondents should be prepared to submit a proposal which
addresses the needs of MnSCU as a system of higher education institutions.
This RFP is undertaken by the System Office pursuant to the authority contained in provisions of
Minnesota Statutes §136F.581 and other applicable laws. Accordingly, the System Office shall select the
vendor(s) whose proposal(s), oral presentation(s), and other evaluation activities (e.g., product
demonstrations, trial versions) if requested, demonstrate, the clear capability to best fulfill the purposes
of this RFP in a cost effective manner. The System Office reserves the right to accept or reject proposals,
in whole or in part, and to negotiate separately as necessary in order to serve the best interests of
MnSCU and the System Office. This RFP shall not obligate the System Office to award a contract or
complete the proposed project and it reserves the right to cancel this RFP, if it is considered to be in
MnSCU’s best interest. All Respondents will be required to comply with state/legal requirements.
The System Office reserves the right to reject proposals:





That do not meet the requirements of the General Selection Criteria listed below and in Appendix
J
That do not address most or all of the Functional and Technical Requirements in Appendices K
and L, respectively
That propose a single product solution (e.g., quiz generation, learning object repository, or screen
capture)
If it is determined that a vendor’s ability to work with the existing infrastructure will be too
limited or difficult to manage
If both VPAT forms, Section 508 (of the Rehabilitation Act) and Web Content Accessibility
Guidelines (WCAG) 2.0 are not submitted or fully completed.
5
MnSCU RFP Content Authoring Tool October 2015
General Selection Criteria
The successful vendor(s) and chosen solution(s) must meet the following requirements:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Propose a Cloud-hosted solution
Must be a publisher or authorized reseller
Certify that all data resides in the United States
Have a commercially available product with sales for a minimum of two years
Have experience as a Cloud Service Provider
Have a minimum of two years’ experience with large institutions and systems of higher education
Have a minimum of two years’ experience in instructional design for higher education
Demonstrate compatibility with multiple platforms (Mac, Windows, Linux, other) and multiple
browsers
Support mobile delivery on multiple platforms (iOS, Android, other)
Provide tool(s) for the creation and packaging of SCORM-compliant e-learning content that can be
incorporated into web-based courses and course delivery to end users
Demonstrate the ability to integrate with MnSCU’s instance of D2L Brightspace as well as other
learning management systems. This includes seamless content interchange/exchange between the
solution and LMSs and adheres to LTI 1.2 global standards
Permit for the sharing and reuse of developed instructional activities or objects
Permit the repurposing of digitized elements or learning objects from an existing course for use in
a new course
Provide user friendly access across user skill levels from novice to expert (intuitive, efficient to
manage, quick to create, edit, complete tasks)
Comply with current national and international accessibility specifications and standards, including
ADA Section 508 and W3C Web Accessibility Initiative
Waive any claims to intellectual property ownership of MnSCU-created content residing in the
cloud services servers or databases
Comply with privacy standards regulated by FERPA, MGDPA and other entities detailed in the
technical requirements (Appendix L)
Provide a means to MnSCU for the measurement of license usage and growth
Deliver a stable and robust system
Selection Process
The selection process will include an evaluation of all qualified proposals. Accordingly, the System Office
and MnSCU, with the recommendation of the evaluation team and the Academic and Student Affairs
Technology Council shall select the Vendor(s) whose proposal(s), and oral presentation(s) if requested,
demonstrate in the System Office’s sole opinion, the clear capability to best fulfill the purposes of this RFP
in a cost-effective manner. The System Office reserves the right to accept or reject proposals, in whole or
in part, and to negotiate separately as necessary in order to serve the best interests of the System Office.
This RFP shall not obligate the System Office to award Master Contract(s) or complete the proposed
project and it reserves the right to cancel this RFP if it is considered to be in its best interest.
6
MnSCU RFP Content Authoring Tool October 2015
Selection and Implementation Timeline
Monday, October 19, 2015
Friday October 30 at 10:00 A.M. CST
Wednesday, November 6, 2015 at 1:00 P.M. CST
Friday, November 20, 2015 at 3:00 P.M. CST
December 18, 2015
January 1-February 5, 2016
January 18-22, 2016
March 2016
March 2016
April 30, 2016
MnSCU publishes RFP notice in State Register
Deadline for Vendors to submit clarifying questions
MnSCU publishes answers to RFP questions
Deadline for RFP proposal submissions
Vendors identified as Finalists for Oral Presentations
Product trial window
Oral Presentations by selected finalists
Finalist notified
Request approval from MnSCU Board of Trustees
Contract(s) awarded
Contract(s) Awarded and Pricing Structure
The System Office, on behalf of MnSCU, reserves the sole discretion to award one, none, or more
contracts for this RFP.
Contract Term
The System Office desires to enter into a contract with the successful Vendor(s) effective April 30,
2016. The length of such contract(s) shall be eighteen (18) months with the option to extend for an
additional six years. If the System Office and the Vendor are unable to negotiate and sign a contract by
April 30, 2016, the System Office reserves the right to seek an alternative Vendor(s).
Parties to the Contract
Parties to this contract shall be the “State of Minnesota, acting through its Board of Trustees of the
Minnesota State Colleges and Universities on behalf of the System Office” and the successful Vendor(s).
Contract Termination
The State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and
Universities, may cancel the contract(s) upon 30 days written notice, with or without cause.
Definitions
Wherever and whenever special words, acronyms, or pronouns occur in this proposal, they shall have the
meaning given in Attachment 1. Definitions. If any of these definitions require additional explanation,
questions can be submitted via email, according to the process outlined in Section III, RFP Inquiries, and
responses will be posted at the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authori
ng%20Tool%20RFP%202015.html.
7
MnSCU RFP Content Authoring Tool October 2015
Applicable Law
A contract entered into as a result of this RFP shall be governed and interpreted under the laws of the
State of Minnesota.
Contract Assignment
A contract or any part hereof entered into as a result of this RFP shall not be assigned, sublet, or
transferred directly or indirectly without prior written consent of the Chief Financial Officer.
Entire Agreement
A written contract and any modifications or addenda thereto, executed in writing by both parties
constitutes the entire agreement of the parties to the contract. All previous communications between the
parties, whether oral or written, with reference to the subject matter of this contract are void and
superseded. The resulting contract may be amended at a future date in writing by mutual agreement of
the parties.
Deviations and Exceptions
Deviations from and exceptions to terms, conditions, specifications or the manner of this RFP shall be
described fully on the Vendor's letterhead stationery, signed and attached to the proposal submittal
page(s) where relevant. In the absence of such statement the Vendor shall be deemed to have accepted
all such terms, conditions, specifications and the manner of the RFP. A Vendor's failure to raise an issue
related to the terms, conditions, specifications or manner of this RFP prior to the proposal submission
deadline in the manner described shall constitute a full and final waiver of that Vendor's right to raise the
issue later in any action or proceeding relating to this RFP.
Pre-Award Vendor’s Conference
In lieu of a Pre-Award Vendor’s Conference, the System Office will collect clarifying questions from
Vendors and will publicly post all questions and the respective answers according to the process outlined
in Section III, RFP Inquiries, during the window of time outlined in Selection and Implementation
Timeline.
Duration of Offer
All proposal responses must indicate they are valid for a minimum of one hundred eighty (180) calendar
days from the date of the proposal opening unless extended by mutual written agreement between
The System Office and the Vendor.
Prices and terms of the proposal as stated must be valid for the length of the resulting contract.
8
MnSCU RFP Content Authoring Tool October 2015
Authorized Signature
The proposal must be completed and signed in the firm's name or corporate name of the Vendor, and
must be fully and properly executed and signed in blue or black ink by an authorized representative of the
Vendor. Proof of authority of the person signing must accompany the response.
Proposal Rejection and Waiver of Informalities
This RFP does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of
Trustees or The System Office to award a contract or complete the proposed project and each reserves
the right to cancel this RFP if it is considered to be in its best interest. The System Office also reserves the
right to waive minor informalities and, not withstanding anything to the contrary, reserves the right to:
1.
2.
3.
4.
5.
6.
Reject any and all proposals received in response to this RFP;
Select a proposal for contract negotiation other than the one with the lowest cost;
Negotiate any aspect of the proposal with any Vendor;
Terminate negotiations and select the next most responsive Vendor for contract negotiations;
Terminate negotiations and prepare and release a new RFP;
Terminate negotiations and take such action as deemed appropriate.
SECTION II. PARTIES TO THE RFP AND CONTRACT
Parties to this RFP and contract shall be the State of Minnesota, acting through its Board of Trustees of
the Minnesota State Colleges and Universities on behalf of the System Office and the successful Vendor.
SECTION III. RFP REQUIREMENTS
There are six requirements sections contained in this RFP which can be found as follows:
Requirements Section
General Proposal
1. Vendor Qualifications
2. General Selection Criteria
3. Functional Requirements
4. Technical Requirements
5. VPAT Requirements
Cost Proposal (submit separately)
6. Financial Requirements (Cost Proposal)
Location
Appendix I (fillable form)
Appendix J (check-off form)
Appendix K (fillable form)
Appendix L (fillable Excel spreadsheet)
Appendix M and N
Appendix O
There are additional forms Respondents must complete as part of the General Proposal. For a complete list, see
Section III: Procedures for Responding.
9
MnSCU RFP Content Authoring Tool October 2015
RFP Inquiries and Information Contact
Any verbal explanations of instructions or discussion of any aspect of this RFP provided the Respondent
before the award of a contract shall not be binding. Questions regarding this Request for Proposal from
prospective Vendors must be submitted (and can only be submitted) via email to the contact person listed
below. Questions must be submitted on or before 10:00 AM CST on October 30, 2015. Respondents
are expected to raise any questions, exceptions, additions, significant ambiguities, errors,
discrepancies, omissions, or other deficiencies. Notification of such items should occur immediately via
the form available at this Web site.
Anonymous questions will not be answered. Questions submitted via email must include the name of the
person submitting the questions, the name of the Vendor, a phone number, and an email address
for confirmation. Only the questions submitted and the respective answers will be posted to the RFP
Web site. All substantive responses to Vendor inquiries will be published to the RFP Web site by
Wednesday, November 6, 2015 at 1:00 P.M. CST.
In the event that it becomes necessary to provide additional clarifying data or information or to revise any
part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial
RFP will also be made available on the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authori
ng%20Tool%20RFP%202015.html.
The System Office’s agent for purposes of responding to inquiries about the RFP is:
Name: Lesley Blicker
Title: Director of LMS Learning and Next Generation Technology
Address: 30 7th St. E., Suite 350, St. Paul, MN 55101-7804
Telephone: 651-201-1413
E-mail address: lesley.blicker@so.mnscu.edu
Other persons are not authorized to discuss RFP requirements before the proposal submission deadline
and The System Office shall not be bound by and respondents may not rely on information regarding
RFP requirements obtained from non-authorized persons.
SECTION IV. RESPONSE EVALUATION
Evaluation Process
Initial Proposal Review
Proposals will be reviewed initially to determine if the RFP submission requirements have been met (see
Section VI. Procedures for Responding) and whether proposals have met the General Selection Criteria
(Appendix J). Proposals which have not followed the submission rules or format, or who are nonresponsive to the required sections of this RFP will be eliminated from consideration. Proposals that do
not meet the General Selection Criteria (Appendix J) may also be eliminated from consideration.
10
MnSCU RFP Content Authoring Tool October 2015
Proposal Evaluation – Phase 1
Proposals determined to have met the requirements of the Initial Proposal Review will move forward to
Phase 1 evaluation to be evaluated by a MnSCU evaluation team using the Evaluation Criteria and
Weighting listed in the table below. An 850 point system will be utilized for this phase. The evaluation
team will determine which Respondents will be selected as finalists to move onto Phase 2.
During the Phase 1 evaluation, both VPATs will be issued a raw score which will be used in conjunction
with the 850 point evaluation criteria to assess which proposal(s) will be selected as finalists to move onto
Phase 2. The VPAT’s require the respondent to include comments for each item. These comments
should show how the vendor resolved any key accessibility issues.
Proposal Review - Phase 2: Oral Presentations, Product Demonstrations and Product Trials
Finalists selected in Phase 1 will be required to participate in oral presentations, product
demonstrations, and product trials, which will be evaluated on the basis of 150 points. During this phase,
Respondents will make available trial software (of the same version being proposed) to MnSCU. Points
awarded during Phase 2 will be added to points earned in Phase 1 to attain final scores.
Final Vendor Selection
One or more proposals evaluated to be the most advantageous to the M n S C U system will be
recommended for contract award.
Other Notes on Vendor Selection
As a part of this review and evaluation, MnSCU may require Respondents to clarify the information
submitted. This clarification process may be conducted through written or electronic correspondence
and/or through an interview with the MnSCU evaluation team.
Interviews will not be extended to all Respondents that submit a proposal and as such it is in the
Respondent’s best interest to submit a thorough and complete proposal and not depend on the interview
process to provide additional information.
11
MnSCU RFP Content Authoring Tool October 2015
Evaluation Criteria and Weighting
The following criteria and their identified weights will be used to evaluate the responses.
Evaluation Elements
Phase 1 Evaluation:
Vendor Qualifications
Functional Requirements
Technical Requirements
Cost Proposal (Financial
Requirements)
Subtotal Phase 1
Phase 2 Evaluation:
Oral Presentations,
Demonstrations, Product Trial,
and Other (discretionary)
Total Phases 1 and 2
Percentage
Weight
Points
RFP Location
10%
40%
20%
15%
100
400
200
150
Appendix I (fillable form)
Appendix K (fillable form)
Appendix L (fillable form)
Appendix O (fillable form, submit
separately)
850
15%
150
100%
1,000
SECTION V. ADDITIONAL RFP RESPONSE AND GENERAL CONTRACT
REQUIREMENTS
Notice to Vendors and Contractors
As a condition of this contract, CONTRACTOR is required by Minn. Stat. §270C.65 to provide a social
security number, a federal tax identification number or Minnesota tax identification number. This
information may be used in the enforcement of federal and state tax laws. These numbers will be
available to federal and state tax authorities and state personnel involved in approving the contract and
the payment of state obligations. Supplying these numbers could result in action to require CONTRACTOR
to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless
these numbers are provided.
If you are an independent contractor, Minn. Stat. §256.998 requires the state to report your name,
address and social security number to the New Hire Reporting Center of the Minnesota Department of
Human Services unless your contract is for less than two months in duration with gross earnings of less
than $250.00 per month. This information may be used by state or local child support enforcement
authorities in the enforcement of state and federal child support laws.
Sample Contract
You should be aware of MnSCU’s standard contract terms and conditions in preparing your response. A
sample MnSCU Professional/Technical Services Contract is attached as Exhibit P for your reference. Much
of the language reflected in the contract is required by statute. If you take exception to any of the terms,
conditions or language in the contract, you must indicate those exceptions in your Cover Letter response
12
MnSCU RFP Content Authoring Tool October 2015
to the RFP; certain exceptions may result in your proposal being disqualified from further review and
evaluation. Only those exceptions indicated in your response to the RFP will be available for discussion or
negotiation.
Problem Resolution Process
A formal problem resolution process will be established in the contract to address issues raised by either
The System Office or the Vendor.
Affidavit of Non-Collusion
All responding Vendors are required to complete the Affidavit of Non-Collusion form and submit it with
the response. See Appendix A. Affidavit of Non-Collusion.
Human Rights Requirements
For all contracts estimated to be in excess of $100,000 all responding Vendors are required to complete
the Human Rights Certification Information and Affirmative Action Data Page and submit it with the
response. As required by Minnesota Rule 5000.3600, "It is hereby agreed between the parties that
Minnesota Statutes §363A.36 and Minnesota Rule 5000.3600 are incorporated into any contract between
these parties based upon this specification or any modification of it. Copies of Minnesota Statutes
§363A.36 and Minnesota Rules 5000.3400 - 5000.3600 are available from the Minnesota Bookstore, 660
Olive Street, St. Paul, MN 55155. All responding Vendors shall comply with the applicable provisions of
the Minnesota Affirmative Action law, Minnesota Statutes §363.A36. Failure to comply shall be grounds
for rejection. See Appendix B. Affirmative Action Certification of Compliance (Notice to Contractors)
and Appendix C. Affirmative Action Certification of Compliance (Notice to Vendors).
Equal Pay Certificate
If the Response to this solicitation could be in excess of $500,000, including renewal and extension
options, the Respondent must obtain an Equal Pay Certificate from the Minnesota Department of
Human Rights (MDHR) or claim an exemption prior to contract execution. A respondent is exempt if it
has not employed more than 40 full-time employees on any single working day in one state during the
previous 12 months. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704
(toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us. See Appendix D.
Equal Pay Certification Application.
Preference to Targeted Group and Economically Disadvantaged Business and
Individuals
In accordance with Minnesota Rules, part 1230.1810, subpart B and Minnesota Rules, part 1230.1830,
certified Targeted Group Businesses and individuals submitting proposals as prime contractors shall
receive the equivalent of a six percent preference in the evaluation of their proposal, and certified
Economically Disadvantaged Businesses and individuals submitting proposals as prime contractors shall
receive the equivalent of a six percent preference in the evaluation of their proposal. For information
13
MnSCU RFP Content Authoring Tool October 2015
regarding certification, contact the Materials Management Helpline at 651.296.2600, or you may reach
the Helpline by e-mail at mmd.help.line@state.mn.us. For TTY/TDD communications, contact the
Helpline through the Minnesota Relay Services at 1.800.627.3529.
Veteran-Owned Preference
In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) Except when mandated by the federal government
as a condition of receiving federal funds, the commissioner shall award up to a six percent preference, but
no less than the percentage awarded to any other group under this section on state procurement to
certified small businesses that are majority-owned and operated by veterans.
In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of
business of which is in Minnesota, is certified if it has been verified by the United States Department of
Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small
business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
To receive a preference the veteran-owned small business must meet the statutory requirements above
by the solicitation due date and time.
If you are claiming the veteran-owned preference, attach documentation, sign and return the VeteranOwned Preference Form with your response to the solicitation. Only eligible veteran-owned small
businesses that meet the statutory requirements and provide adequate documentation will be given the
preference. See Appendix E. Veteran-Owned Preference Form.
Insurance Requirements
A. The selected Vendor will be required to submit an ACORD Certificate of Insurance to the System Office's
authorized representative prior to execution of the contract. The selected Vendor shall not commence
work under the contract until they have obtained all the insurance described below and MnSCU has
approved evidence of such insurance. Vendor shall maintain such insurance in force and effect throughout
the term of the contract.
B. The selected Vendor will be required to maintain and furnish satisfactory evidence of the following:
1. Workers' Compensation Insurance. The Vendor must provide workers’ compensation
insurance for all its employees and, in case any work is subcontracted, the Vendor will
require the subcontractor to provide workers’ compensation insurance in accordance
with the statutory requirements of the State of Minnesota, including Coverage B,
Employer’s Liability, at limits not less than $100,000.00 bodily injury by disease per
employee; $500,000.00 bodily injury by disease aggregate; and $100,000.00 bodily
injury by accident.
2. Commercial General Liability. The Vendor will be required to maintain a
comprehensive commercial general liability insurance (CGL) policy protecting it from
bodily injury claims and property damage claims which may arise from operations
under the contract whether the operations are by the Vendor or by a subcontractor
or by anyone directly or indirectly employed under the contract. The minimum
14
MnSCU RFP Content Authoring Tool October 2015
insurance amounts will be:
$2,000,000.00 per occurrence
$2,000,000.00 annual aggregate
$2,000,000.00 annual aggregate – Products/Completed Operations
In addition, the following coverages must be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Products and Completed Operations Liability
Blanket Contractual Liability
Name the following as Additional Insureds:
Board of Trustees of the Minnesota State Colleges and Universities
The System Office
3. Commercial Automobile Liability. The Vendor will be required to maintain insurance
protecting it from bodily injury claims and property damage claims which may arise
from operations of vehicles under the contract whether such operations were by the
Vendor, a subcontractor or by anyone directly or indirectly employed under the
contract. The minimum insurance amounts will be:
$2,000,000.00 per occurrence Combined Single Limit (CSL)
In addition, the following coverages should be included:
4. Errors and Omissions (E & O) Insurance. The Vendor will be required to maintain
insurance protecting it from claims the Vendor may become legally obligated to pay
resulting from any actual or alleged negligent act, error or omission related to the
Vendor’s professional services required under this contract. The minimum insurance
amounts will be:
$2,000,000.00 per occurrence
$2,000,000.00 annual aggregate
Any deductible will be the sole responsibility of the Vendor and may not exceed $50,000
without the written approval of MnSCU. If the Vendor desires authority from MnSCU to
have a deductible in a higher amount, the Vendor shall so request in writing, specifying
the amount of the desired deductible and providing financial documentation by
submitting the most current audited financial statements so that MnSCU can ascertain
the ability of the Vendor to cover the deductible from its own resources.
The retroactive or prior acts date of such coverage shall not be after the effective date of
this contract and Vendor shall maintain such insurance for a period of at least three (3)
years, following completion of the work. If such insurance is discontinued, extended
reporting period coverage must be obtained by Vendor to fulfill this requirement.
15
MnSCU RFP Content Authoring Tool October 2015
Additional Insurance Conditions:







Vendor’s policy(ies) shall be primary insurance to any other valid and collectible insurance
available to MnSCU with respect to any claim arising out of Vendor’s performance under
this contract;
If Vendor receives a cancellation notice from an insurance carrier affording coverage
herein, Vendor agrees to notify MnSCU within five (5) business days with a copy of the
cancellation notice, unless Vendor’s policy(ies) contain a provision that coverage afforded
under the policy(ies) will not be cancelled without at least thirty (30) days advance written
notice to MnSCU;
Vendor is responsible for payment of contract related insurance premiums and
deductibles;
If Vendor is self-insured, a Certificate of Self-Insurance must be attached;
Vendor’s policy(ies) shall include legal defense fees in addition to its liability policy limits,
with the exception of B.4 above;
Vendor shall obtain insurance policy(ies) from insurance company(ies) having an “AM
BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to
do business in the State of Minnesota; and
An Umbrella or Excess Liability insurance policy may be used to supplement the Vendor’s
policy limits to satisfy the full policy limits required by the contract.
C. MnSCU reserves the right to immediately terminate the contract if the Vendor is not in compliance with
the insurance requirements and retains all rights to pursue any legal remedies against the Vendor. All
insurance policies must be available for inspection by MnSCU and copies of policies must be submitted to
MnSCU's authorized representative upon written request.
State Audit
The books, records, documents and accounting practices and procedures of the Vendor relevant to the
contract(s) must be available for audit purposes to MnSCU and the Legislative Auditor’s Office for six (6)
years after the termination/expiration of the contract.
Minnesota Government Data Practices Act
The requirements of Minnesota Statutes § 13.05, subd. 11 apply to the contract. The Vendor must comply
with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all
data provided by MnSCU, its schools and the System Office in accordance with the contract and as it
applies to all data created, gathered, generated or acquired in accordance with the contract. All materials
submitted in response to this RFP will become property of the State of Minnesota and will become public
record after the evaluation process is completed. Pursuant to the statute, completion of the evaluation
process occurs when MnSCU has completed negotiating the contract with the selected Vendor. If the
Vendor submits information in response to this RFP that it believes to be trade secret materials as defined
by the Minnesota Government Data Practices Act, the Vendor must:


Mark clearly all trade secret materials in its response at the time the response is submitted;
Include a statement with its response justifying the trade secret designation for each item;
16
MnSCU RFP Content Authoring Tool October 2015

Defend any action seeking release of the materials it believes to be trade secret, and indemnify
and hold harmless the State of Minnesota, MnSCU, its agents and employees, from any judgments
or damages awarded against the State or MnSCU in favor of the party requesting the materials,
and any and all costs connected with that defense. This indemnification survives MnSCU’s award
of a contract. In submitting a response to this RFP, the respondent agrees this
indemnification survives as long as the trade secret materials are in possession of MnSCU.
MnSCU will not consider the prices submitted by the Respondent to be proprietary or trade
secret materials.
FERPA School Official Requirement
The vendor is required to be designated a “school official” with “legitimate educational interests” in
MnSCU and the Schools’ data, as those terms have been defined under FERPA and its implementing
regulations, and the vendor will agree to abide by the limitations and requirements imposed by 34 CFR
99.33(a) on school officials. The selected vendor will agree to use MnSCU and School data only for the
purpose of fulfilling its duties under the resulting contract, which includes providing forensic investigation
services, for MnSCU and the Schools’ benefit, and will not monitor or share such data with or disclose it to
any third party except as required by law, or authorized in writing by Institution.
Conflict of Interest
The Vendor must provide a list of all entities with which it has relationships that create, or appear to
create, a conflict of interest with the work that it is contemplated in this Request for Proposal. The list
should indicate the names of the entity, the relationship, and a discussion of the conflict.
Organizational Conflicts of Interest
The respondent warrants that, to the best of its knowledge and belief, and except as otherwise
disclosed, there are no relevant facts or circumstances that could give rise to organizational conflicts of
interest. An organizational conflict of interest exists when, because of existing or planned activities or
because of relationships with other persons, a Vendor is unable or potentially unable to render
impartial assistance or advice, or the Vendor’s objectivity in performing the contract work is or might be
otherwise impaired, or the Vendor has an unfair competitive advantage. The respondent agrees
that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure
in writing must be made to the respective school’s chief financial officer or the System Office’s Business
Manager that must include a description of the action which the Vendor has taken or proposes to
take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist,
the school or The System Office may, at its discretion, cancel the contract. In the event the respondent
was aware of an organizational conflict of interest prior to the award of the contract and did not
disclose the conflict to the contracting officer, the school or The System Office may terminate the
contract for default. The provisions of this clause must be included in all subcontracts for work to be
performed similar to the service provided by the prime contractor, and the terms “contract,”
“contractor,” and “contracting officer” modified appropriately to preserve MnSCU’s rights.
17
MnSCU RFP Content Authoring Tool October 2015
Physical and Data Security
The Vendor is required to recognize that on the performance of the contract the Vendor will become a
holder of and have access to private data on individuals and nonpublic data as defined in the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, the Family Education Rights and Privacy
Act (FERPA) and other applicable laws.
In performance of the contract, the Vendor agrees it will comply with all applicable state, federal and local
laws and regulations, including but not limited to the laws under Minnesota Statute Chapters 13 and
FERPA relating to confidentiality of information received as a result of the contract. The Vendor agrees
that it, its officers, employees and agents will be bound by the above confidentiality laws and that it will
establish procedures for safeguarding the information.
The Vendor agrees to notify its officers, employees and agents of the requirements of confidentiality and
of the possible penalties imposed by violation of these laws. The Vendor agrees that neither it, nor its
officers, employees or agents will disclose or make public any information received by the Vendor on
behalf of MnSCU and the System Office.
The Vendor shall recognize MnSCU’s sole and exclusive right to control the use of this information. The
Vendor further agrees it shall make no use of any of the described information, for either internal or
external purposes, other than that which is directly related to the performance of the contract.
The Vendor agrees to indemnify and hold harmless the State of Minnesota, MnSCU and the System Office
from any and all liabilities and claims resulting from the unauthorized disclosure by the Vendor, its officers,
employees or agents of any information required to be held confidential under the provisions of the
contract. The Vendor must return all source data to the “Authorized Representative” to be identified in
the contract.
Reimbursements
Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor
as a result of the contract will be in no greater amount than provided in Appendix F. Commissioner’s
Plan promulgated by the commissioner of Employee Relations. Reimbursements will not be made for
travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior
written approval for out of state travel. Minnesota will be considered the home state for determining
whether travel is out of state.
SECTION VI. PROCEDURES FOR RESPONDING
Proposal Format
Proposals which fail to address any of the submission requirements may be deemed nonresponsive and
will not be further considered. Note the responses to questions must be specifically answered within the
context of the submitted proposal. The evaluation team will not refer to a designated web site, brochure,
18
MnSCU RFP Content Authoring Tool October 2015
or other location for the requested information. Responses that utilize references to external materials as
an answer will be considered non-responsive.
Information which the respondent desires to present that does not fall within any of the requirements
of the RFP should be inserted at the appropriate place or be attached at the end of the proposal
and designated as additional material. Proposals that are not organized in this manner risk elimination
from consideration if the evaluators are unable to find where the RFP requirements are specifically
addressed.
Respondents are required to submit the cover letter, all required documents, the General Proposal
requirements, and a Cost Proposal (submitted separately) in the order listed in the table below. Each
Appendix should constitute its own proposal section and should be labeled by the Appendix Letter. An
identifiable (i.e., protruding) tab must precede each Appendix as well as the Cover Letter section.
Cover Letter
Respondent should complete an Introductory Section consisting of a cover letter which shall contain a
brief introduction of the Vendor, corporate structure and major business lines. At a minimum, the cover
letter page shall be on company letterhead and shall include the name and working address of the firm
submitting a proposal, the name, telephone and e-mail address of the primary company representative
to be contacted with reference to the proposal, and the date of submission.
The cover letter should:
• Identify who the Respondent is that will be the prime Respondent and the name of the
corporation or other legal entity submitting a proposal
• Identify all subcontractors (the Respondent will assume sole and exclusive responsibility for
all of the services indicated in the RFP)
• Confirm that the Respondent has read, understands, and agrees to all provisions of the
RFP without qualification, including all amendment.
The letter shall be concise and need not repeat any of the detailed information set forth in the proposal;
however, any terms or conditions of this RFP to which the Vendor objects and/or does not accept shall be
clearly stated in the cover letter along with any alternatives or further explanation.
Submission Requirements and Process
Proposal responses are to be submitted in digital and paper format. The process and requirements for
submitting the completed proposal are found in the Submission section of the RFP. Font size will be no
smaller than 10 point. Proposals that are difficult to follow or that do not conform to the RFP format may
be rejected.
The proposal must be submitted in the order outlined in the table below. Cost Proposals are to be
submitted separately from the General Proposal. The Cost Proposal template is located in Appendix O.
All required forms and templates are located in the appendices at the end of this RFP. Respondents are
required to address all requirements in the order and sequence provided within each section. Responses
for all items contained in Appendices I - L must be inserted directly into the template provided for each
appendix. If attachments or lengthy responses are required for a particular item in any of these
19
MnSCU RFP Content Authoring Tool October 2015
appendices, indicate the location of attachment or answer in the response box. Also, identify which
item the response is referring to if it is not included in the response box.
Required Documents
General Proposal
 Affidavit of Non-Collusion
 Affirmative Action Certification of Compliance (Notice to
 Contractors)
Affirmative Action Certification of Compliance (Notice to
Vendors)
 Equal
Pay Certificate Form (Required if Contract Exceeds
$500,000 – Not due until the signing of the contract)
 Veteran-Owned Preference Form
 Commissioner’s Plan Expense Reimbursement
 Proposal Offering Form
 Vendor References
 Vendor Qualifications
 General Selection Criteria
 Functional Requirements
 Technical Requirements
 VPAT’s Requirements
Cost Proposal – Submit Separately
Cost Proposal/Financial Requirements
Location
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I (fillable form)
Appendix J (fillable form)
Appendix K (fillable form)
Appendix L - Excel spreadsheet
Appendices M, N
Appendix O
Sealed proposals must be received at the following address not later than Friday, November 20, 2015
at 3:00 P.M. CST:
Institution: MnSCU SYSTEM OFFICE
Division: Academic and Student Affairs
Name: Shelly Heller
Title: Office Administrator
Mailing Address: 30 7th St. E., Suite 350, St. Paul, MN 55101-7804
Proposals must be received in the above office by the specified time stated above. All proposals must be
time-stamped as accepted by the receiving agent by the stated time. Proposals not so stamped will not
be accepted. Receipt of a proposal by the MnSCU mail system does not constitute receipt of a proposal
by MnSCU for purposes of this RFP. Late proposals will not be considered. Responses received after the
proposal deadline will be returned to the Respondent unopened. Fax and e-mail responses will not be
considered.
All formal addenda to this RFP, as to deadlines for submission of proposals, etc., will be posted on the
MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authorin
g%20Tool%20RFP%202015.html.
Paper Copies: The Respondent shall submit ten (10) copies of its General Proposal Document (excludes
the Cost Proposal). All responses should be made in the same order as requested in the Appendices
provided plus limited use of additional attachments, as needed. All responses should be submitted in
Microsoft Word or PDF format. Proposals are to be sealed in mailing envelopes or packages with the
Respondent’s name and address clearly written on the outside. Additionally, one (official) copy of the
20
MnSCU RFP Content Authoring Tool October 2015
proposal must be unbound and signed in blue ink by an authorized representative of the Vendor. Proof
of authority of the person signing must accompany the response. If there is any discrepancy between the
official copy and any other copies or between the official copy and the CD or digital file, the unbound
signed copy will be considered the official copy.
Cost Proposal: All cost data included in the Cost Proposal (Appendix O) must be submitted in a
separate sealed and labeled envelope and kept separate from the General Proposal Document. Submit
an original plus eight (8) copies of each Cost Proposal, in a sealed package not containing the General
Proposal.
Digital Copies: Additionally, Respondent shall submit two (2) digital copies - (2) CDs (compact discs) or
two (2) flash drives with all RFP responses (General Proposal and Cost proposal). All responses should be
submitted in Microsoft Word or PDF format. Each Appendix in the digital files submission must have its
own file name and location. A comprehensive PDF file of the entire proposal may be included as well.
Proposals made in pencil will be rejected. Alterations in cost figures used to determine the lowest priced
proposal will be rejected unless initialed in ink by the person responsible for or authorized to make
decisions as to price quoted. The use of “white out” is considered an alteration.
21
MnSCU RFP Content Authoring Tool October 2015
ATTACHMENT 1. DEFINITIONS
For purposes of this RFP the following terms will have the meaning listed below.
Term
ADA
ADA Compliance
ADL
API
ASA
ASA Technology
Council
Accessibility
Accommodation
Adaptive Learning
Analytics
Androgogical
Definition
Americans With Disabilities Act (ADA) Legislation passed in 1990 that
prohibits discrimination against people with disabilities. Under this Act,
discrimination against a disabled person is illegal in employment,
transportation, public accommodations, communications and government
activities [Google Definition]
Adherence to regulations under the federal Americans with Disabilities Act
Advanced Distributed Learning. The ADL Initiative was developed to harness
the power of learning and information technologies and to standardize and
modernize education and training. It has also supported research and
documentation of the capabilities, limitations, costs, benefits, and
effectiveness of advanced distributed learning
[http://adlnet.gov/overview.html]
An abbreviation for Application Program Interface. Allows interface between
software packages
Academic and Student Affairs; The division of the System Office that works
with system institutions to identify and meet shared priorities so they can
better serve their students and communities
An ongoing council of MnSCU with an advisory role to the MnSCU Vice
Chancellor of Academic and Student Affairs and the Academic and Student
Affairs Coordinating Committee
Design of services or products that allows access to all individuals regardless
of disability status
Necessary modifications to services or products to ensure access for people
with disabilities
Adaptive learning is an educational method which uses computers as
interactive teaching devices, and to orchestrate the allocation of human and
mediated resources according to the unique needs of each learner [Google
Definition]
Also: Adaptive learning makes content dynamic and interactive, placing the
student at the center of his or her individual learning experience. The
solution can assesses not only what a student knows, but also determines
what activities and interactions, delivered in what sequence and medium,
can increase the possibility of that student’s knowledge and/or academic
success [http://www.knewton.com/blog/adaptive-learning/what-isadaptive-learning/]
The field of data analysis. Analytics often involves studying past historical
data to research potential trends, to analyze the effects of certain decisions
or events, or to evaluate the performance of a given tool or scenario. The
goal of analytics is to improve the business by gaining knowledge which can
be used to make improvements or changes [businessdictionary.com]
Of or relating to androgogy, the methods or techniques used to teach adults
22
MnSCU RFP Content Authoring Tool October 2015
Apps
Archive
Assistive Technology
Authentication
Beta Version
Campus Level
Cascading Style Sheets
(CSS)
Cloud
Cloud Services
Cloud-Hosted
Cloud Service Provider
Concurrent licensing
Continuing Education
Controlled Vocabulary
Indexing Schemes
Creative Commons
Self-contained programs or pieces of software designed to fulfill a particular
purpose; an application, especially as downloaded by a user to a mobile
device [Google definitions]
Removal of courses and course data from current running system with
ability to restore assets and data at a future data
Any item, piece of equipment, software or product system that is used to
increase, maintain, or improve the functional capabilities of individuals with
disabilities
Any process by which a system verifies identity of a user
A version of a piece of software that is made available for testing, typically
by a limited number of users outside the company that is developing it,
before its general release [Google Definition]
Occurring at a MnSCU campus; to distinguish from occurring at the System
Office on a system-wide basis
Abbreviated CSS, this refers to a simple mechanism for adding style (e.g.,
fonts, colors, spacing) to Web documents
Often refers to the Internet, and more precisely to some datacenter full of
servers that is connected to the Internet. A cloud can be a wide area
network (WAN) like the public Internet or a private, national or global
network. The term can also refer to a local area network (LAN) within an
organization [http://www.pcmag.com/encyclopedia/term/39847/cloud]
A cloud service is any resource that is provided over the Internet. The most
common cloud service resources are Software as a Service (SaaS), Platform
as a Service (PaaS) and Infrastructure as a Service (IaaS) [techtarget.com]
Hosting services made available to users on demand via the Internet from a
provider's servers as opposed to being provided from a company's own onpremises servers [webopedia.com]
A service provider that offers customers storage or software services
available via a private (private cloud) or public network (cloud). Usually, it
means the storage and software is available for access via the Internet
[webopedia.com]
A software license that is based on the number of simultaneous users
accessing the program
Non-credit instruction for incumbent workers to meet re-certification
requirements and to gain new skills for advancement
Controlled vocabularies provide a way to organize knowledge for
subsequent retrieval. They are used in subject indexing schemes, subject
headings, thesauri, taxonomies and other forms of knowledge organization
systems. Controlled vocabulary schemes mandate the use of predefined,
authorized terms that have been preselected by the designer of the
vocabulary, in contrast to natural language vocabularies, where there is no
restriction on the vocabulary [Wikipedia]
Creative Commons is a global nonprofit organization that enables sharing
and reuse of creativity and knowledge through the provision of free legal
tools. For further information see http://creativecommons.org/
23
MnSCU RFP Content Authoring Tool October 2015
Creative Commons
License
Darwin Core
Differentiated
Instruction
Digital Badging
Digital rights
management
Distinctive
Competency
Downtime
eBook
Embed Code
ePub
Escalation
FERPA
FTE
One of several public copyright licenses that enable the free distribution of
an otherwise copyrighted work. A Creative Commons license is used when
an author wants to give people the right to share, use, and build upon a
work that they have created [Wikipedia]
For further information about the licenses see
https://creativecommons.org/licenses/
A standard designed to facilitate the exchange of information about the
geographic occurrence of species and the existence of specimens in
collections [http://wiki.tdwg.org/twiki/bin/view/DarwinCore/WebHome]
A framework or philosophy for effective teaching that involves providing
different students with different avenues to learning in terms of: acquiring
content; processing, constructing, or making sense of ideas; and developing
teaching materials and assessment measures so that all students within a
classroom can learn effectively, regardless of differences in ability
[Wikipedia]
A validated indicator of accomplishment, skill, quality or interest that can be
earned in various learning environments [Wikipedia]
A generic term for access control technologies that can be used by
hardware manufacturers, publishers, copyright holders and individuals to
impose limitations on the usage of digital content and devices [Wikipedia]
What an organization does better than the competition
When system is unavailable to end user
An electronic version of a printed book that can be read on a computer or
handheld device designed specifically for this purpose. [Google.com]
A block of HTML code that permits embedding of third party objects directly
in a source web page, such as a video
EPUB is the distribution and interchange format standard for digital
publications and documents based on Web Standards. EPUB defines a
means of representing, packaging and encoding structured and semantically
enhanced Web content — including XHTML, CSS, SVG, images, and other
resources — for distribution in a single-file format. EPUB allows publishers
to produce and send a single digital publication file through distribution and
offers consumers interoperability between software/hardware for
unencrypted reflowable digital books and other publications
[http://idpf.org/epub]
The act of escalating a support request to a higher level for response
FERPA (Family Educational Rights and Privacy Act of 1974) is federal
legislation in the United States that protects the privacy of students'
personally identifiable information (PII). The act applies to all educational
institutions that receive federal funds [Google Definition]
Full Time Equivalent which is the ratio of the total number of paid hours
during a pay period (part time, full time, contracted) by the number of
working hours in that period
24
MnSCU RFP Content Authoring Tool October 2015
Gamification
General Proposal
HEOA
HIPAA
HLC
HTML
HTML5
HTML Cleaner
Hosting or hosted
services
Hot Fix
IEEE
IEEE Learning Object
Metadata (LOM)
IMS
iOS
Infusion of gaming techniques and game mechanics and/or gaming styles
into anything and is used to apply gaming elements & methods into gaming
software [gamification.org]
Game mechanics or elements may include badging, points, levels, rewards,
competition, social interaction, challenges, certificates, quests, collecting
and trading, etc. [http://www.gamified.uk/2015/02/04/47-gamificationelements-mechanics-and-ideas/]
Responses to all RFP requirements other than the Cost Proposal
Higher Education Opportunity Act (Public Law 110-315) (HEOA) was enacted
on August 14, 2008, and reauthorizes the Higher Education Act of 1965, as
amended (HEA). For more information see
http://www2.ed.gov/policy/highered/leg/hea08/index.html
The Health Insurance Portability and Accountability Act of 1996. Provides
federal protections for personal health information held by covered entities
and gives patients an array of rights with respect to that information
Higher Learning Commission, which is an independent corporation founded
in 1895 as one of six regional institutional accreditors in the United States.
HLC accredits degree-granting post-secondary educational institutions in the
North Central region, which includes 19 states
[https://www.hlcommission.org/About-the-Commission/about-hlc.html]
Hypertext Markup Language, a standardized system for tagging text files to
achieve font, color, graphic, and hyperlink effects on World Wide Web
pages [Google definitions]
A core technology markup language of the Internet used for structuring and
presenting content for the World Wide Web [Wikipedia]
A product that strips unneeded HTML code from existing word processing
documents
The outsourcing of information technology (IT) systems and functions. A
hosting service provider owns and oversees infrastructure, software and
administrative tasks and makes the system available to clients, usually over
the Internet [techtarget.com]
To make a repair to a software program while still in production/available to
end user
Abbreviation of the Institute of Electrical and Electronics Engineers.
Founded in 1884 as the AIEE, the IEEE was formed in 1963 when AIEE
merged with IRE. IEEE is an organization composed of engineers, scientists,
and students. The IEEE is best known for developing standards for the
computer and electronics industry [Webopedia]
An internationally recognized open standard (published by the Institute of
Electrical and Electronics Engineers Standards Association) for the
description of “learning objects.” Relevant attributes of learning objects to
be described include: type of object; author; owner; terms of distribution;
format; and pedagogical attributes, such as teaching or interaction style.
[Wikipedia]
Instructional Management System, see entry below
iOS (originally iPhone OS) is a mobile operating system created and
developed by Apple Inc. and distributed exclusively for Apple hardware
[Wikipedia]
25
MnSCU RFP Content Authoring Tool October 2015
IP
ISRS
Identity Management
In-Software Help
Institution/Campus
Instructional
Management System
Integration
Intellectual Property
Instructional Design
Interactive
Interoperability
Intuitive
Java applets
JavaScript
LAN
Internet Protocol; a communications protocol for computers connected to a
network, especially the Internet, specifying the format for addresses and
units of transmitted data
Integrated Statewide Record System. The MnSCU SIS system; internally
developed and managed, for data record keeping and reporting. Includes
registration, finance, facilities, admissions, financial aid, human resources,
and payroll
Identity management (ID management) is a broad administrative area that
deals with identifying individuals in a system (such as a country, a network,
or an enterprise) and controlling their access to resources within that
system by associating user rights and restrictions with the established
identity [techtarget.com]
Help on how to use the software within the software program or interface
Institution: A MnSCU entity. An "institution" may have multiple campuses
located within a geographic area. A "campus" of the M n S C U system may
range in size from several hundred to 16,000 students and may include a
virtual campus. For purposes of this RFP, the System Office, to the extent
that it utilizes the solution, may also be considered an institution
Often used interchangeably with CMS (course management system) or LMS
(learning management system)
Integration is the act of bringing together smaller components into a single
system that functions as one. In an IT context, integration refers to the end
result of a process that aims to stitch together different, often disparate,
subsystems so that the data contained in each becomes part of a larger,
more comprehensive system that, ideally, quickly and easily shares data
when needed [http://goo.gl/nQJD4s]
Intellectual property (IP) refers to creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in
commerce. Intellectual Property is protected in law by, for example,
patents, copyright and trademarks, which enable people to earn recognition
or financial benefit from what they invent or create
[http://www.wipo.int/about-ip/en/]
The systematic development of instructional specifications using learning
and instructional theory to ensure the quality of instruction. It is the entire
process of analysis of learning needs and goals and the development of a
delivery system to meet those needs [Google definitions]
Applications that respond specifically to user input
Ability of a system to interact and function with another system
Easily understood and utilized with minimal instruction
Small programs written in the Java programming language that can be
embedded into web pages. An applet is typically embedded inside a web
page and runs in the context of a browser [Google Definition]
An object-oriented computer programming language commonly used to
create interactive effects within web browsers [Google definitions]
Local Area Network; a group of computers and associated devices that
share a common communications line or wireless link to a server. Typically,
a LAN encompasses computers and peripherals connected to a server within
a small geographic area such as an office building or home [techtarget.com]
26
MnSCU RFP Content Authoring Tool October 2015
LDAP
LOM
LMS
LOR
LTI (Learning Tools
Interoperability)
Leaderboard
Learner-Controlled
Environment
Learning Interaction
Learning Object
Learning Object
Repository (LOR)
Learning Outcomes
Legacy Data
Linear Design
LOR
Lightweight Directory Access Protocol. LDAP is a "lightweight" (smaller
amount of code) version of Directory Access Protocol (DAP), which is part of
X.500, a standard for directory services in a network [techtarget.com]
Abbreviation for Learning Object Metadata, which is a metadata standard to
describe educational resources
Learning Management System often used interchangeably with IMS and
CMS. An LMS is a software application for the administration,
documentation, tracking, reporting and delivery of electronic educational
technology (also called e-learning) education courses or programs
[Wikipedia]
Learning Object Repository
LTI’s principal concept is to establish a standard way of integrating rich
learning applications (often remotely hosted and provided through thirdparty services) with platforms like learning management systems, portals, or
other educational environments. In LTI these learning applications are called
Tools (delivered by Tool Providers) and the LMS, or platforms, are called
Tool Consumers (Source:
http://www.imsglobal.org/toolsinteroperability2.cfm)
A scoreboard showing the names and current scores of the leading
competitors
Allows end user to personalize learning interface
Digital learning activities that provide for interaction between learner and
content, learner and instructor, or learner and learner
Resource, usually digital and web-based, which can be used and re-used to
support learning
A learning object repository is a kind of digital library. It enables educators
to share, manage and use educational resources. A more narrow definition
would also require that repositories implement a metadata standard
[Google Definition]
Also: A learning object repository (LOR) is an online library for storing,
managing, and sharing learning resources (learning objects). A learning
object can be a quiz, a presentation, an image, a video, or any other kind of
document or file you use to create course content and learning materials for
online learning [d2l.msu.edu]
Learning outcomes are statements that specify what learners will know or
be able to do as a result of a learning activity. Outcomes are usually
expressed as knowledge, skills, or attitudes. Learning outcomes should flow
from a needs assessment. [Google Definition]
Data produced with previous technologies
In the context of elearning materials, a learning path that learners are
forced to follow as determined by the instructional designer.
This type is very similar to printed textbook. The instructional designer
determines the flow of information from the start to the end. This means
that if the learner clicks, for example, on the page 5, there is no connection
between other randomly opened pages. He must follow the predetermined
learning path to obtain the whole message. [https://goo.gl/Qp4j7n]
See Learning Object Repository
27
MnSCU RFP Content Authoring Tool October 2015
MERLOT
MGDPA
MnSCU
MnSCU System
MP4
Metadata
Migration
Mobile Device
Non-Linear Design
OER (Open Educational
Resources)
A free and open resource designed primarily for faculty and students of
higher education whose initials stand for Multi-Media Educational Resource
for Learning and Online Teaching. A source for locating shareable peer
reviewed online teaching and learning materials
Minnesota Government Data Practices Act, Minn. Stat. § 13, is a state law
that controls how government data are collected, created, stored
(maintained), used and released (disseminated). The MGDPA sets out
certain requirements relating to the right of the public to access
government data and the rights of individuals who are the subjects of
government data. For more information see
http://www.health.state.mn.us/divs/opi/gov/chsadmin/data/mgdpa.html#a
The Minnesota State Colleges and Universities (MnSCU) system is one of
two systems of public higher education in the state of Minnesota (the other
is the University of Minnesota). The MnSCU system has 31 institutions with
54 campuses located in 47 Minnesota communities that serve more than
430,000 students. The law creating the system was passed by the
Minnesota Legislature in 1991 and went into effect July 1, 1995. The law
merged the state's community colleges, technical colleges and state
universities into one system. See http://mnscu.edu/system/index.html
Can be used interchangeably with MnSCU; refers to the entire system of
public higher education institutions within MnSCU
An abbreviation for MPEG-4 Part 14. It may also be referred to as MPEG-4
AVC, which stands for Advanced Video Coding. As the name suggests, this is
a format for working with video files and was first introduced in 1998. The
MPEG refers to Motion Pictures Expert Group who is responsible for setting
the industry standards regarding digital audio and video. MP4 files can be
either high definition (HD) or standard definition (SD)
Metadata is data that describes other data. Meta is a prefix that in most
information technology usages means "an underlying definition or
description." Metadata summarizes basic information about data, which can
make finding and working with particular instances of data easier [Google
Definition]
Process of moving from one system to another, or moving data from one
system to another
A small computing device, typically small enough to be handheld (and hence
also commonly known as a handheld computer or simply handheld) having
a display screen with touch input and/or a miniature keyboard and weighing
less than 2 pounds (0.91 kg). [Google Definition]
In non-linear design every single learning path is determined by the learner.
The responsibility for mastering the topic is passed to the learner. Learners
can take any entry point and move wherever they like. That means that the
topic can be understood in any order and learning is self-directed by the
learner [https://goo.gl/Qp4j7n]
Teaching, learning, and research resources that reside in the public domain
or have been released under an intellectual property license that permits
their free use and re-purposing by others. Open educational resources
include full courses, course materials, modules, textbooks, streaming
videos, tests, software, and any other tools, materials, or techniques used
to support access to knowledge
[http://www.hewlett.org/programs/education/open-educational-resources]
28
MnSCU RFP Content Authoring Tool October 2015
OS
On-Premise
Patch
Pedagogical
Plug-in
Private Cloud
Product Software Trial
Proposal
Quest
QTI
R&D
REST
RFP Committee
Redundancy
Reliability
Reporting Tools
Operating System; the software that supports a computer's basic functions,
such as scheduling tasks, executing applications, and controlling peripherals
[Google definitions]
This term is used interchangeably with “self-hosted” and denotes software
or platform solutions that are installed locally on an organization's hardware
and servers and which is then managed locally by the organization’s IT staff
A piece of software designed to update a computer program or its
supporting data, to fix or improve it. This includes fixing security
vulnerabilities and other bugs, with such patches usually called bug fixes or
bug fixes, and improving the usability or performance. [Wikipedia]
Of or relating to teaching or pedagogy: the art or science of teaching;
education; instructional methods [Dictionary.com]
In computing, a plug-in (or add-in / add-in, plugin, extension or add-on /
addon) is a software component that adds a specific feature to an existing
software [Wikipedia]
A type of cloud computing that delivers similar advantages to public cloud,
including scalability and self-service, but through a proprietary architecture.
Unlike public clouds, which deliver services to multiple organizations, a
private cloud is dedicated to a single organization [techtarget.com]
Also: “Private cloud” is the phrase used to describe a cloud computing
platform that is implemented within the corporate firewall, under the
control of the IT department. It is designed to offer the same features and
benefits of public cloud systems, but removes a number of objections to the
cloud computing model including control over enterprise and customer
data, worries about security, and issues connected to regulatory compliance
[webopedia.com]
A small scale preliminary trial of the product or solution in order to evaluate
feasibility, time, cost, hosting reliability and stability, usability to
determine if the product will meet MnSCU’s needs
A formal offer submitted in response to this RFP solicitation
A search or pursuit made in order to find or obtain something
Question and Test Interoperability. Defines a standard format for the
representation of assessment content and results, supporting the exchange
of this material between authoring and delivery systems, repositories and
other learning management systems. It allows assessment materials to be
authored and delivered on multiple systems interchangeably. It is,
therefore, designed to facilitate interoperability between systems
[Wikipedia]
Research and Development
Representational State Transfer; a type of API. An architectural style, and
approach to communications that is often used in the development of Web
services. [techtarget.com]
A short-term task force comprised of f a c u l t y a n d s t a f f from the
MnSCU system charged with developing the RFP. The committee is advisory to
the ASA Technology Council
System design that duplicates components in case one component fails
Ability of a system to perform required functions under stated conditions
for a specified period of time
Business intelligence applications used to design and generate reports from
a wide range of data sources
29
MnSCU RFP Content Authoring Tool October 2015
Respondent
Reusable Content
Roadmap
Role Management
SCORM
SIS
Scalability
Scenario-based
Learning
Screen recording (also
screencast and screen
capture)
Section 508
Self-Assessment
Self-Hosted
Service Level
Agreement (SLA)
Solution
An individual or company (firm, state agency, etc.) submitting a proposal in
response to the RFP, to provide one or more products or services for an
assessment for course placement. Vendor may be used interchangeably with
the term ‘Respondent’
A single source of information that can be used in more than one
information product and output format
A plan that matches short-term and long-term goals with specific
technology solutions to help meet those goals. It is a plan that applies to a
new product or process, or to an emerging technology [Wikipedia]
System by which to modify user roles. Roles manage the visibility of
application features such as menu items, plug-ins, and buttons. Permissions
for visibility of these features are typically managed through setting up of
user roles
Shareable Content Object Reference Model. It is a collection of standards
and specifications for web-based e-learning. It defines communications
between client side content and a host system called the run-time
environment, which is commonly supported by a learning management
system. SCORM also defines how content may be packaged into a
transferable ZIP file. SCORM is a specification of the Advanced Distributed
Learning (ADL) Initiative, which comes out of the Office of the United States
Secretary of Defense {Source: Wikipedia]
A student information system (SIS), student administration system or school
administration software or student management system is a management
information system for education establishments to manage student data.
[Google Definition]. MnSCU uses an internally developed and managed SIS
system. See ISRS
The ability of a computer application or product (hardware or software) to
continue to function well as it is changed in size or volume in order to meet
a user need [Techtarget.com]
Scenario-based learning (SBL) uses interactive scenarios to support active
learning strategies such as problem-based or case-based learning. It
normally involves students working their way through a storyline, usually
based around an ill-structured or complex problem, which they are required
to solve [https://goo.gl/xnDN3j]
A digital recording of computer screen output, also known as a video screen
capture or screencast, often containing audio narration [Wikipedia]
Federal law mandating that all electronic and information technology
developed, procured, maintained, or used by the federal government be
accessible to people with disabilities
Tools used to assist students in evaluating own work, such as checklist,
surveys, self-assessment quizzes, rubrics, etc.
This term is used interchangeably with “on premise” and denotes software
or platform solutions that are installed locally on an organization's hardware
and servers and which is then managed locally by the organization’s IT staff
A contract between a service provider and the customer that defines the
level of service expected from the service provider. SLAs are output-based
in that their purpose is specifically to define what the customer will receive
A term referencing the Vendor’s individual product or suite of products
included in a proposal for a content authoring tool or tools
30
MnSCU RFP Content Authoring Tool October 2015
Student-Centered
Learning
Successful Vendor (or
Successful Respondent)
System Administrator
System Availability
System Failover
System Institutions
System Office
Usability
User
User Groups/User
Communities
VRA Core
Vendor
Version
W3C
WCAG 2.0
WAI
Web Survey Tools
Approach to teaching and learning that focuses on student involvement in
all aspects of learning process. Other definitions may include: knowledge
which is constructed by students, flexible or self-direction learning, and a
reliance on active rather than passive learning
The Vendor selected by the System Office to execute the terms of the contract
MnSCU definition: An individual within an institution who has
administrative rights over cloud-based storage and who has the ability to
aid in the distribution of and access to created content
Measurement of a system's "up" time and accessible by end user
Invoking a secondary system to takeover when primary system fails
Refers to the 31 institutions of higher education that comprise the MnSCU
system
The name given to the system administration function or offices of MnSCU,
primarily located in St. Paul, Minnesota
The elegance and clarity that has been designed or built into a computer
program or a web site. [Wikipedia]. Also, how well users can learn and use a
product to achieve their goals
A person who operates or interacts with the solution, and for this RFP
it would include faculty and students of higher education
An organization of users of a specific hardware or software product.
Members share experiences and ideas to improve their understanding and
use of a particular product. User groups are often responsible for
influencing vendors to modify or enhance their products [PC Magazine
Encyclopedia; www.pcmag.com/encyclopedia/term/53556/user-group]
A data standard for the description of images and works of art and culture
[http://www.loc.gov/standards/vracore/schemas.html]
An individual or company (firm, state agency, etc.) submitting a proposal in
response to the RFP, to provide one or more products or services for an
assessment for course placement. Respondent may be used interchangeably
with the term ‘Vendor’
Process of assigning identifier to specific software version
World Wide Web Consortium. Develops standards for web design,
applications, and architecture [http://www.w3.org/]
Web Content Accessibility Guidelines. Web Content Accessibility Guidelines
(WCAG) 2.0 covers a wide range of recommendations for making Web
content more accessible. Following these guidelines will make content
accessible to a wider range of people with disabilities, including blindness
and low vision, deafness and hearing loss, learning disabilities, cognitive
limitations, limited movement, speech disabilities, photosensitivity and
combinations of these. Following these guidelines will also often make your
Web content more usable to users in general
[http://www.w3.org/TR/WCAG20/]
Web Accessibility Initiative. The Web Accessibility Initiative (WAI) develops
strategies, guidelines, and resources to help make the Web accessible to
people with disabilities
[http://www.w3.org/WAI/gettingstarted/Overview.html]
Web-based applications that allow users to poll other users
31
MnSCU RFP Content Authoring Tool October 2015
Wizard
A software wizard or setup assistant is a user interface type that presents a
user with a sequence of dialog boxes that lead the user through a series of
well-defined steps. Tasks that are complex, infrequently performed, or
unfamiliar may be easier to perform using a wizard [Google Definition]
32
MnSCU RFP Content Authoring Tool October 2015
APPENDIX A. AFFIDAVIT OF NON-COLLUSION
STATE OF MINNESOTA
AFFIDAVIT OF NON-COLLUSION
I swear (or affirm) under the penalty of perjury:
1. That I am the Respondent (if the Respondent is an individual), a partner in the company (if
the Respondent is a partnership), or an officer or employee of the responding corporation
having authority to sign on its behalf (if the Respondent is a corporation);
2. That the attached proposal submitted in response to the
Request
for Proposal has been arrived at by the Respondent independently and has been submitted without
collusion with and without any agreement, understanding or planned common course of action
with, any other Respondent of materials, supplies, equipment or services described in the Request
for Proposal, designed to limit fair and open competition;
3. That the contents of the proposal have not been communicated by the Respondent or its
employees or agents to any person not an employee or agent of the Respondent and will not be
communicated to any such persons prior to the official opening of the proposals; and
4. That I am fully informed regarding the accuracy of the statements made in this affidavit.
Respondent’s Firm Name:
Authorized Signature:
Date:
Subscribed and sworn to me this
day of
Notary Public:
My commission expires:
33
MnSCU RFP Content Authoring Tool October 2015
APPENDIX B. AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE (NOTICE
TO CONTRACTORS)
NOTICE TO CONTRACTORS
AFFIRMATIVE ACTION
CERTIFICATION OF COMPLIANCE
It is hereby agreed between the parties that MnSCU will require that affirmative action requirements be
met by contractors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to
5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort
shall result in revocation of its certificate or revocation of the contract (Minnesota Statutes §363A.36,
subdivisions 3 and 4).
Under the Minnesota Human Rights Act, §363A.36, businesses or firms entering into a contract over
$100,000 which have more than forty (40) full-time employees within the state of Minnesota on a single
working day during the previous twelve (12) months, or businesses or firms employing more than forty
(40) full-time employees on a single working day during the previous twelve (12) months in a state in
which its primary place of business is domiciled and that primary place of business is outside of the State
of Minnesota but within the United States, must have submitted an affirmative action plan that was
received by the Commissioner of Human Rights for approval prior to the date and time the responses are
due. A contract over $100,000 will not be executed unless the firm or business having more than forty
(40) full-time employees, either within or outside the State of Minnesota, has received a certificate of
compliance signifying it has an affirmative action plan approved by the Commissioner of Human Rights.
The Certificate is valid for four (4) years. For additional information, contact the Department of Human
Rights, Freeman Building, 625 Robert Street North, Saint Paul, MN 55155.
Effective July 1, 2003. The Minnesota Department of Human Rights is authorized to charge a $150.00 fee
for each Certificate of Compliance issued. A business or firm must submit its affirmative action plan along
with a cashier's check or money order in the amount of $150.00 to the Minnesota Department of Human
Rights or you may contact the Department for additional information at the Compliance Services Unit,
Freeman Building, 625 Robert Street North, Saint Paul MN 55155.
34
MnSCU RFP Content Authoring Tool October 2015
State Of Minnesota – Affirmative Action Certification
If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to
determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification
requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this
information and—if required—to apply for Human Rights certification prior to the due date of the bid or proposal and to
obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to
delay proceeding with a contract until a company receives Human Rights certification.
BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single
working day during the previous 12 months. All other companies proceed to BOX B.
Your response will be rejected unless your business:
has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR)
–or–
has submitted an affirmative action plan to the MDHR, which the Department received prior to the date the
responses are due.
Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single
working day during the previous 12 months:
 We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your certificate
with your response.
 We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR
for approval, which the Department received on
(date). Proceed to BOX C.
 We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company.
We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of
Human Rights for assistance. (See below for contact information.)
Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative
Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and
approved by the Minnesota Department of Human Rights before a certificate can be issued.
BOX B – For those companies not described in BOX A Check below.
 We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous
12 months. Proceed to BOX C.
BOX C – For all companies
By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on
behalf of the respondent. You also certify that you are in compliance with federal affirmative action requirements that may
apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on
federal projects or contracts. Contractors are alerted to these requirements by the federal government.)
Name of Company:
Date
Authorized Signature:
Telephone
number:
Printed Name:
Title:
For assistance with this form, contact:
Minnesota Department of Human Rights, Compliance & Community Relations
Freeman Building, 625 Robert Street North, Saint Paul, MN 55155
Phone: 651-296-5663
Toll Free: 800-657-3704
Fax: 651-296-9042
TTY: 651-296-1283
Web: mn.gov/mdhr
Email: compliance.mndh@state.mn.us
Affirmative Action Certification Page, Revised
6/11 – MDHR
26
MnSCU RFP Assessment for Course Placement June 2015
APPENDIX C. AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE (NOTICE TO
VENDORS)
MINNESOTA STATE COLLEGES AND UNIVERSITIES
NOTICE TO VENDORS
AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE
The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract compliance
program into two categories. Both categories apply to any contracts for goods or services in excess of $100,000.
The first category applies to businesses that have had more than 40 full-time employees within Minnesota on a
single working day during the previous 12 months. The businesses in this category must have submitted an
affirmative action plan to the Commissioner of the Department of Human Rights prior to the due date and time of
the response and must have received a Certificate of Compliance prior to execution of the contract or agreement.
The secondary category applies to businesses that have had more than 40 full-time employees on a single working
day in the previous 12 months in the state in which its primary place of business is domiciled. The businesses in
this category must certify to MnSCU that it is in compliance with federal affirmative action requirements before
execution of the contract. For further information, contact the Department of Human Rights, Compliance Services
Unit, 625 Robert Street North, Saint Paul MN 55155; Voice: 651-296-5663; Toll Free: 800-657-3704; TTY: 651-2961283.
MnSCU is under no obligation to delay the award or the execution of a contract until a Vendor has completed
the Human Rights certification process. It is the sole responsibility of the Vendor to apply for and obtain a Human
Rights certificate prior to contract execution.
It is hereby agreed between the parties that MnSCU will require affirmative action requirements be met by Vendors
in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600.
Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of the state shall
execute an order in excess of $100,000 with any business within the State of Minnesota having more than 40 fulltime employees in a single working day during the previous 12 months unless the firm or business has an
affirmative action plan for the employment of minority persons, women, and the disabled that has been approved
the Commissioner of Human Rights. Receipt of a Certificate of Compliance issued by the Commissioner shall signify
that a firm or business has an affirmative action plan approved by the Commissioner.
Failure by the Vendor to implement an affirmative action plan or make a good faith effort shall result in revocation
of its certificate or revocation of the order (Minnesota Statutes §363A.36, subdivisions 3 and 4). A certificate is
valid for a period of four (4) years.
DISABLED INDIVIDUAL CLAUSE
A. A Vendor shall not discriminate against any employee or applicant for employment because of physical or
mental disability in regard to any position for which the employee or applicant for employment is qualified.
The Vendor agrees to take disabled individuals without discrimination based on their physical or mental
disability in all employment practices such as the following: employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection
of training, including apprenticeship.
B. The Vendor agrees to comply with the rules and relevant order of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
C. In the event of a Vendor’s noncompliance with the requirements of this clause, actions for noncompliance
may be taken by the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights
Act.
27
MnSCU RFP Content Authoring Tool, October 2015
D. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment,
notices in a form to be prescribed by the Commissioner of the Minnesota Department of Human Rights.
Such notices shall state the Vendor obligation under the law to take affirmative action to employ and
advance in employment qualified disabled employees and applicants for employment and the rights of
applicants and employees.
E. The Vendor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other order understanding, that the Vendor is bound by the terms of Minnesota
Statutes §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to
employ and advance in employment physically and mentally disabled individuals.
It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400 to
5000.3600 are incorporated into any order of Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to
5000.3600 are available from Minnesota Bookstore, 660 Olive Street, St. Paul, Minnesota 55155.
By signing this statement the Vendor certifies that the information provided is accurate.
NAME OF COMPANY:
AUTHORIZED SIGNATURE:
TITLE:
DATE:
Revised 1/22/09
28
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX D. EQUAL PAY CERTIFICATION APPLICATION
Minnesota Department of Human Rights
ATTN: Contract Compliance
Freeman Building
625 Robert Street North
Saint Paul, MN 55155
(Or Send to - compliance.MDHR@state.mn.us.)
Equal Pay Certificate Application
 We are in compliance with Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Minnesota
Human Rights Act, and the Minnesota Equal Pay Act for Equal Work Law.
 The average compensation for female employees is not consistently below the average compensation for
male employees, taking into account mitigating factors, within each of the major job categories in your
EEO-1 report. If you are not required to file an EEO-1 report, taking into account mitigating factors, the
average compensation for female employees is not consistently below the average compensation for male
employees within your organization.
 We make hiring, retention and promotion decisions without regard to gender, nor do we limit employees
based on gender to certain job classifications.
 We promptly correct wage and benefit disparities.
 We evaluate wages and benefits (annually) (two year period) (other, please specify) to ensure compliance
with the above identified laws.
 In determining our employee compensation we use: (check below)
Market pricing approach
State prevailing wage or union contract requirements
Performance pay system
An internal analysis
Other method (please specify)
Enclosed is our application fee of $150, made payable to the “Minnesota Department of Human Rights.”
In signing below, I affirm that I am the Board Chairperson or Chief Executive Officer and that the above information
to the best of my understanding is accurate and complete.
Signature
Print Name
Business Name
Business Address
Date
29
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX E. VETERAN-OWNED PREFERENCE FORM
STATE OF MINNESOTA
VETERAN-OWNED PREFERENCE FORM
In accordance with Minn. Stat. §16C.16, subd. 6a, the MnSCU may award up to a 6% preference in the amount bid
on state procurement to certified small businesses that are majority owned and operated by veterans.
Veteran-Owned Preference Requirements - See Minn. Stat. §16C.19(d):
1. Principal place of business is in Minnesota.
and
2. The United States Department of Veterans Affairs verifies the business as being a veteran-owned small
business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
Statutory requirements and appropriate documentation must be met by the solicitation response due date and
time to be awarded the veteran-owned preference. The preference applies only to the first $500,000 of a
solicitation response.
Claim the Preference
By signing below I confirm that:
My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. by making this
claim, I verify that:
 My company’s principal place of business is in Minnesota; and
 The United States Department of Veteran’s Affairs verifies my company as being a veteran-owned small
business. (Supported By Attached Documentation)
Name of Company:
Date:
Authorized Signature:
Printed Name:
Telephone:
Title:
Attach documentation, sign, and return this form with your solicitation response to claim the veteran-owned
preference.
30
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX F. COMMISSIONER’S PLAN
STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Commissioner’s PLAN EXPENSE REIMBURSEMENT
*UPDATED TO REFLECT JAN. 1, 2014 IRS RATE OF 56 CENTS PER MILE
Type of Expense
Reimbursement Allowance
State-owned vehicle not available (full IRS rate)
56 cents per mile
State-owned vehicle available but declined (IRS rate less 7.0 cents)
49 cents per mile
Tolls and parking fees
Actual cost
Commercial transportation (air, taxi, rental car, etc.) plus reasonable Actual cost for mode and class of transportation
gratuities
authorized
Specially equipped personal van – provides wheelchair access (IRS 65 cents per mile
rate plus 9.0 cents)
Motorcycle
No reimbursement applicable
Personal aircraft
56 cents per mile
Overnight lodging
Actual reasonable cost
Laundry and/or dry-cleaning after one week in continuous travel Actual cost; not to exceed $16.00 per week
status
Work-related long distance telephone calls
Actual cost
Actual cost up to maximum number of nights
Personal telephone calls
away times $3.00
Special expenses (e.g. conference fees, banquet tickets)
Actual cost with prior approval
Actual cost up to maximums
Meals and/plus reasonable gratuities:
 Breakfast (in travel status overnight or leave home before 6:00 Breakfast - $9.00
a.m.)
Lunch - $11.00
 Lunch (in travel status and more than 35 miles from work station) Dinner - $16.00
 Dinner (in travel status overnight or return home after 7:00 p.m.)
Outside the contiguous 48 United States or in
pre-designated/pre-identified
metropolitan
areas*
Breakfast - $11.00
Lunch - $13.00
Dinner - $20.00
Expenses that are not travel related (e.g., supplies, copy charges, fax
charges)
*Metropolitan Areas
Meal “bunching” allowed: Two or more
consecutive meals reimbursed up to the
combined maximum. Dinner and breakfast the
following morning are considered consecutive
meals. Meals provided as part of a conference
or other program are not considered and
“break” the string of consecutive meals.
Actual cost
See listing on next page.
31
MnSCU RFP Content Authoring Tool, October 2015
Metropolitan Areas
Including:
Atlanta, GA
Clayton, De Kalb, Fulton, Cobb and Gwinett Counties in Georgia
Baltimore, MD Baltimore and Hartford Counties in Maryland
Boston, MA
Norfolk, Suffolk, Middlesex and Essex Counties in Massachusetts
Chicago, IL
DuPage, Cook and Lake Counties in Illinois
Cleveland, OH Cuyahoga County in Ohio
Dallas/Fort Worth, TX Dallas and Tarrant Counties in Texas
Denver, CO
Denver, Adams, Arapahoe and Jefferson Counties in Colorado
Detroit, MI
Wayne, Macomb and Oakland Counties in Michigan
Hartford, CT
Hartford and Middlesex Counties in Connecticut
Houston, TX
Harris County, LBJ Space Center and Ellington AFB in Texas
Kansas City, KS Johnson and Wyandotte Counties in Kansas
Kansas City, MO
Clay, Jackson and Platte Counties in Missouri
Los Angeles, CA
Los Angeles, Kern, Orange and Ventura Counties, Edwards AFB, Naval Weapons Center and
Ordinance Test Station in California
Miami, FL
Dade County in Florida
New Orleans, LA
Jefferson, Orleans, Plaquemines and St. Bernard Parishes in Louisiana
New York City, NY
Bronx, Brooklyn, Manhattan, Queens, and Staten Island Boroughs in NYC; Nassau, New York,
Richmond, Suffolk and Westchester Counties in New York state; Fairfield County in Connecticut; and Bergan, Essex, Hudson,
Middlesex, Passaic, and Union Counties in New Jersey
Philadelphia, PA
Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania; and Burlington
and Glochester Counties in New Jersey
Portland, OR Multnomah County in Oregon
Saint Louis, MO St. Charles and St. Louis Counties in Missouri
San Diego, CA San Diego County in California
San Francisco, CA
San Francisco, Sonoma, Marin, San Mateo, Santa Clara, Santa Cruz, Contra Costa, Alameda and
Santa Barbara Counties in California
Seattle, WA
King County in Washington state
Washington, DCCities of Alexandria, Falls Church and Fairfax in Virginia; Arlington, Loudoun and Fairfax Counties in Virginia;
and Montgomery and Prince Georges Counties in Maryland
RECEIPTS: Original itemized receipts are required for all expenses except meals, gratuities, driving tolls, parking meters
and telephone calls. All forms of canceled checks and photocopies of credit card bills do not substitute for original receipts.
An affidavit in lieu of a receipt may be allowed if the original receipt was lost or a receipt was not obtained.
ITEMIZED LIST OF CONTRACTOR’S REIMBURSABLE EXPENSES
A. MnSCU’s AUTHORIZED REPRESENTATIVE TO COMPLETE THIS SECTION:
NAME AND ADDRESS OF CONTRACTOR:
P.O. #:
CONTACT PERSON:
VENDOR #:
TELEPHONE NUMBER:
B. CONTRACTOR TO COMPLETE THIS SECTION (submit additional pages if more than one day in travel status):
* Requires original itemized receipts.
** Other metropolitan areas listed above are up to $11 (breakfast), $13 (lunch), and $20 (dinner).
32
MnSCU RFP Content Authoring Tool, October 2015
DATE
Allowable Expenses
#
of
Miles:
To:
From:
PURPOSE
RATE
TOTAL
56 cents per
mile
Parking
Fees
(non
meter)*
Parking Meters/Tolls
Air Fare*
Taxi*
Rental Car*
Overnight Lodging*
Long Distance Call
Breakfast, if in travel
status
Lunch, if in travel status
Actual cost
Actual cost
Actual cost
Actual cost
Actual cost
Actual cost
Actual cost
Up to $9.00**
Up
to
$11.00**
Up
to
$16.00**
Actual cost
Actual cost
Actual cost
Actual cost
Dinner, if in travel status
Supplies*
Copy Charges*
Fax Charges*
Other*
TOTAL FOR THE DAY
Remit payment to the following address if different than address at the top of this form:
Name:
Address:
C. SIGNATURES REQUIRED FOR PAYMENT:
Signature:
(Verification of Expenses by Contractor)
Date:
Signature:
(Approval by MnSCU’s Authorized Representative)
Date:
33
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX G. PROPOSAL OFFERING FORM
MINNESOTA STATE COLLEGES AND UNIVERSITIES
MASTER CONTRACT OFFERING FORM
In compliance with this Request for Proposal, the undersigned acknowledges that I have read and understand all
the conditions imposed herein and offer and agree to furnish the service(s) in accordance with the attached
proposal, or as mutually agreed upon by subsequent negotiation and contract. Vendor will make contracted
services operational by
or within
days from the date a contract is
executed.
Note: Signature must be in blue ink.
Signature:
Printed Name:
Date:
Title:
Name of Firm:
Address:
City:
Telephone:
State:
Zip:
Fax:
Email:
34
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX H: VENDOR’S REFERENCES
A copy of this Appendix in Microsoft Word version can be found at:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
Respondent must include references from the three largest companies/educational institutions for which the
assessment for course placement assessments have been implemented. At least one should be similar in scope to
MnSCU and include multi-university environments.
Reference #1
Institution or Consortium Name
Institution Address
Single or Multi-Campus Institution
Contact Name
Contact Title
Contact Phone
Contact Email
Total Number of Faculty
Total Number of Students
Brief Description of Project
Reference #2
Institution or Consortium Name
Institution Address
Single or Multi-Campus Institution
Contact Name
Contact Title
Contact Phone
Contact Email
Total Number of Faculty
Total Number of Students
Brief Description of Project
35
MnSCU RFP Content Authoring Tool, October 2015
Reference #3
Institution or Consortium Name
Institution Address
Single or Multi-Campus Institution
Contact Name
Contact Title
Contact Phone
Contact Email
Total Number of Faculty
Total Number of Students
Brief Description of Project
By signing this statement, you certify the information provided in the Vendor Qualification, Appendix I (and any
attachments) is accurate and that you are authorized to sign on behalf of the Respondent.
Name of Company:
Authorized Signature:
Printed Name:
Title:
Date:
Telephone number:
36
MnSCU RFP Content Authoring Tool, October 2015
Appendix I. VENDOR QUALIFICATIONS
A copy of this Appendix in Microsoft Word version can be found at:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
Instructions: Write all responses directly in the table below, after the last question or statement for each section.
Do not use attachments unless they augment the answer or do not lend themselves well to copying and pasting
into the table. Proposals which do not follow these instructions may be rejected. Use additional blank pages as
needed, but identify Category by letter and to which number the response applies.
General Company Information
A. Company
Background
Provide the following:
1. A history of the organization or company
2. Information about employees (# of FTE in R&D, Support, Sales Marketing,
Training, Helpdesk Support, Administrative/Other)
3. Organizational charts
4. Governance process
B. Financial Stability,
Long-Term Viability
Provide current, full year (12 months), audited financial statements. Additional financial
statements for subcontractors or consultants shall be provided, if requested by MnSCU,
depending on their level of participation of fulfilling the contract. Applicant should
include:
a. Dun and Bradstreet report, if available
b. Last annual report
c. Statement of income and retained earnings for last two years
d. Statement of changes in financial position for the last two years
e. Opinions concerning financial statements from a Certified Public Accountant for
the last two years as applicable
f. Balance sheet for the last two years
g. Latest interim balance sheet and income statements
C. Experience with
Large Institutions
and System
Purchases
Provide experience with large institution or system-level licensing with more than
1,000 users. Include:
a. A sampling of systems/installations in production one year prior to this RFP
date for cloud service purchases
b. A statement defining the vendor’s experience and the experience of proposed
consultants and subcontractors in similar installations. Experience shown
should include work done by individuals who will be assigned to this project.
Projects referred to should include the customer’s name, address, telephone
number of the responsible official who may be contacted, and the software
licensed and operation date
37
MnSCU RFP Content Authoring Tool, October 2015
D. Experience with
Institutions in
Higher Education
1. Provide evidence of Vendor’s experience in working with institutions of higher
education or system-level licensing with consortia of higher education institutions.
E. Proposer’s
Experience as a
Cloud Service
Provider
1. Provide history and evidence of the Vendor’s experience in providing high quality
cloud services as a cloud service provider
F. Proposer’s
Experience in
Instructional Design
for Higher
Education
Provide the following:
1. Evidence of Vendor’s qualifications in instructional design and in designing learning
activities which would be appropriate for higher education learners
2. A description of how Vendor’s qualifications support a wide variety of pedagogical
and androgogical approaches and designs and accommodate diverse learning
styles of higher education learners
G. Vision for the Future
1. Describe the Respondent’s plan for further development of its software/services
during the next two to three years. Specifically address the company’s roadmap for
product development and/or enhancements to the solution over this timeframe
H. Current and Pending
Patents
1. Provide a list of existing or pending patents or copyrights held by the Vendor or its
Subcontractors that pertain to any portion of the proposed solution
I. Contracts and
Litigation
1. Answer each of the following questions. If the answer to any question is in the
affirmative, all relevant circumstances must be explained in detail, including the
current status and ultimate disposition of each matter:
a. Has the Respondent been declared in default of any contract?
b. Has the Respondent forfeited any payment of a performance bond issued by a
surety company on any contract?
c. Has an uncompleted contract been assigned by the Respondent’s surety
company on any payment or performance bond issued to the Respondent
arising from its failure to fully discharge all contractual obligations there under?
d. Within the past three (3) years has the Respondent filed for reorganization,
protection from creditors, or dissolution under the bankruptcy statutes?
e. Is the Respondent now the subject of any litigation in which an adverse
decision might result in a material change in the company's financial position or
future viability?
f. Identify any current or pending litigation or legal actions in which the
Respondent is involved that has a significant effect on its ability to provide
products and services through any contract resulting from this solicitation.
Respondent will be required to supplement this information if additional
litigation arises during the term of the contract
38
MnSCU RFP Content Authoring Tool, October 2015
J. Possible Mergers or
Purchases
Provide the following:
1. Describe any mergers or purchases of other companies that are currently in
negotiations
2. Is the company in negotiations or actively seeking acquisition by another
company?
K. Marketing Strategy
Provide the following:
1. Describe the software products and services strategy, including markets
served. The Minnesota State Colleges and Universities System is particularly
interested in knowing if products are designed for higher education, technical
education, K-12, or corporate training market. How do the proposed
software/services fit with the project goals and objectives? Identify if there is a
specific unit dedicated to support the higher education market
2. Detail all marketing efforts to license-holder email addresses. Are products
other than the proposed solution being marketed to license holders?
3. Does the company sell license-holder email addresses to other business or
companies?
4. Define the company’s marketing objectives and potential uses of data if
cookies are enabled to track users
L. Proof of FERPA
1. Provide a statement of compliance to FERPA legislation (or any other legislation
that requires confidentiality (e.g. HIPAA) that ensures the ability to limit the
release of information for FERPA purposes
Compliance
M. Sample License
Agreement
N. Customer
References Review
1. Although a MnSCU contract with the terms and conditions is required, Respondent
must include, for reference, a sample copy of a typical license agreement and
service level agreement used to formalize the Respondent’s legal relationship with
an institution of higher education or other public entity. Variances between this
sample and conditions required by MnSCU do not constitute notification that the
Respondent is taking exception to a term or condition. Respondent must clearly list
any exceptions taken in the submitted proposal. MnSCU reserves the right to reject
a proposal on these grounds
Provide the following:
1. References from the three largest companies/educational institutions for which
the proposed solution has been implemented. At least one should include multiuniversity environments. Respondents must complete the Customer Reference
Form (Appendix H)
2. Additionally, provide:
a. List average length of contract for new institutional or system-level customers (i.e.,
not individual faculty licenses) over the last three years
b. Describe the type of customer support typically provided during and after
installation for large institution or system-level clients
39
MnSCU RFP Content Authoring Tool, October 2015
O. Strategic
Partnerships
P. Organizational
Collaborations
Q. Competitive
Advantage
1. List and describe any strategic partnerships or alliances with other technology or
educational entities
1. Detail collaborations with other vendors on APIs, plug-ins, integrations, etc.
2. Does your organization have a client advisory board? If so, is invitation to that body
included in this proposal? Provide information on the client advisory board
3. Does your organization host a user conference? If so, what is the presentation
format for the conference? How often do you host such conferences?
1. What are the qualifications that distinguish your organization/company from your
competitors?
2. What aspects, features, functions, or product offerings distinguish the proposed
solution from competitor products? Highlight a maximum of four items
By signing this statement, you certify the information provided in the Vendor Qualification, Appendix I (and any
attachments) is accurate and that you are authorized to sign on behalf of the Respondent.
Name of Company:
Authorized Signature:
Printed Name:
Title:
Date:
Telephone number:
40
MnSCU RFP Content Authoring Tool, October 2015
Appendix J – GENERAL SELECTION CRITERIA
A copy of this Appendix in Microsoft Word version can be found at:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
The proposed solution/vendor must meet the requirements of the General Selection Criteria listed below or the
proposal may be rejected. Complete this form and submit with proposal.
Requirement
Mark a Yes Describe
or No for
each item
below
1. Proposed solution is for a
Cloud-hosted solution
2. Vendor of proposed
solution must be a
publisher or authorized
reseller
3. All data associated with
the proposed solution
must reside in the United
States
4. Vendor of proposed
solution must have a
commercially available
product with sales for a
minimum of two years
5. Vendor of proposed
solution has a minimum of
three years’ experience as
a Cloud Service Provider
6. Vendor of proposed
solution has a minimum of
two years’ experience with
large institutions and
systems, such as consortia,
of higher education
7. Vendor of proposed
solution has a minimum of
two years’ experience in
instructional design for
higher education
8. Proposed solution is
compatible with multiple
platforms (Mac, Windows,
Linux, other) and multiple
browsers
41
MnSCU RFP Content Authoring Tool, October 2015
9. Proposed solution
supports mobile delivery
on multiple platforms (iOS,
Android, other)
10. Proposed solution
provides tool(s) for the
creation and packaging of
SCORM-compliant elearning content that can
be incorporated into webbased courses and course
delivery to end users
11. Proposed solution can
demonstrate the ability to
integrate with MnSCU’s
instance of D2L
Brightspace (on-premise
hosting by MnSCU) as well
as other learning
management systems.
This includes seamless
content
interchange/exchange
between the solution and
LMSs and adheres to LTI
1.2 global standards
12. Proposed solution permits
the sharing and reuse of
developed instructional
activities or objects
13. Proposed solution permits
the repurposing of
digitized elements or
learning objects from an
existing course for use in a
new course
14. Proposed solution
provides user friendly
access across user skill
levels from novice to
expert
15. Proposed solution
complies with current
national and international
accessibility specifications
and standards, including
ADA Section 508 and W3C
Web Accessibility Initiative
42
MnSCU RFP Content Authoring Tool, October 2015
16. Vendor of proposed
solution agrees that
respondent does not have
any claim to intellectual
property ownership of the
content that resides in the
cloud services or
databases via the use of
the proposed solution
17. Proposed solution
complies with privacy
standards regulated by
FERPA, MGDPA and other
entities detailed in the
technical requirements
(Appendix L)
18. Proposed solution
provides for the
measurement of license
usage and growth
19. Proposed solution delivers
a stable and robust system
By signing this statement, you certify the information provided in the General Selection Criteria, Appendix J (and
any attachments) is accurate and that you are authorized to sign on behalf of the Respondent.
Name of Company:
Authorized Signature:
Printed Name:
Title:
Date:
Telephone number:
43
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX K. FUNCTIONAL REQUIREMENTS
A copy of this Appendix in Microsoft Word version can be found at:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
Instructions: Write all responses directly in the table below, after the last question or statement for each section. Do
not use attachments unless they augment the answer or do not lend themselves well to copying and pasting into the
table. Proposals which do not follow these instructions may be rejected. Use additional blank pages as needed, but
identify Category by letter and to which number the response applies.
1) General Product
Functionality
Address the following:
1. Describe the solution’s capability to produce high quality engaging, reusable
content for learning experiences
2. List and describe the various interactions (e.g., drag and drop, flash cards,
timelines, etc.) available to create by the proposed solution. In your answer,
address both pre-built activities and ability to customize or create new ones
3. Are the learning activities designed as individual lessons or course activities
or designed to be used as an entire or whole course?
4. Describe how solution has been developed for higher education learning and
how solution has been used in higher education courses
2) Content Creation General
Address the following:
1. Describe the process for creating content for each of the interactions or
activities within the solution
2. Describe the available themes, templates, and layouts
3. Describe the process for incorporating external material
4. How are links to other resources/external material handled? Through LTI,
hyperlinks, embed code, or other means?
5. List all file types that can be used in creating content (video, audio, music,
images)
6. Does the proposed solution include the availability of wizards for content
creation?
7. Does the proposed solution include in-software help for content creation?
8. Does the proposed solution allow for the inclusion of a Table of Contents?
3) Content Creation Importing
Address the following:
1. List all file types that can be imported into the proposed solution
2. Describe the process for importing all file types
3. List and describe any restrictions on importing files or file types. Are any file
types not permitted to be imported or used within the proposed solution?
44
MnSCU RFP Content Authoring Tool, October 2015
4) Content Creation –
Integrations and Open
Standards (3rd party
products)
Address the following:
5) Content Creation –
SCORM
Address the following:
1. Does the proposed solution have the ability to import, maintain, and export
data to integrate and interact with other data systems, such as student,
program, department, and college level databases?
2. Does the proposed solution have the ability to import, maintain, and export
data to integrate and interact with college SIS systems and/or system-level
data warehouses
3. Propose and provide evidence of the solution’s ability to integrate with other
programs and platforms.
4. List the proposed solution’s standards for integrating with other systems.
Include the degree of support offered for each of the standards
followed/supported
5. Please list current integrations with third party products. Describe the
integration process for each
6. What product integrations are being planned for the next 2-3 years?
7. Describe the data privacy and information security measures in place for
integrations
1. Describe whether the proposed solution will permit the repurposing and
importing of digitized elements or learning objects from an existing course
for use in a new course
2. List all open standards proposed solution supports which enable
interoperability between the proposed solution and other platforms or
software, such as LMSs
3. Does proposed solution support the Common Cartridge standards?
4. Does proposed solution support SCORM standards and specifications?
5. Describe the process for faculty to utilize the SCORM features built in the
proposed solution. This would include being able to use, reuse, transport or
share learning objects
6. Describe how a faculty member would import an already created SCORM
compliant object
7. Describe how a faculty member would create a SCORM object natively in
the proposed solution if not already addressed in #2 above
8. Describe whether the proposed solution works as a SCORM authoring tool,
as a host for importing objects from third party SCORM tools, or both. If the
second, which third party tools are known to work with and/or be certified to
work with the proposed solution?
9. Differentiate how SCORM content is imported into the proposed solution
compared to importing other content
10. Describe the tools that are available to users and content developers of the
proposed solution when creating/importing SCORM content
11. How is SCORM content updated and how are new versions deployed?
12. How does data reported via SCORM feed into the rest of the proposed
solution?
13. What versions of SCORM does proposed solution support?
14. Is proposed solution SCORM-certified by ADL? If not, provide test logs
15. What reports are available to extract SCORM data?
16. Describe whether the proposed solution requires Java applets or other plugins to be available in the browser
45
MnSCU RFP Content Authoring Tool, October 2015
6) Content Creation–
Activities with no
assessment component
Address the following:
1. Describe in detail the features and functions of all non-assessment activities
included in the proposed solution
2. Describe process for designing and publishing non-assessment activities for
the faculty member
3. Describe what the student encounters with non-assessment activities and how
each element provides for interactive learning
4. Describe the proposed solution’s distinctive competency for student learning
or student use?
46
MnSCU RFP Content Authoring Tool, October 2015
7) Content Creation –
Activities with
assessment component
Address the following:
1. Describe in detail the features and functions of all assessment activities
2. The following items pertain to types of assessment questions – address
whether the proposed solution contains the ability to:
a. Use and/or create mathematical formats/equations
b. Save the default settings for the quizzes in the application
c. Add images, audio files, and video files
d. Link to other software and Cloud applications such as YouTube
e. A spell check function
f. Create quizzes which do not require Adobe Flash
3. The following items pertain to quiz settings –address the following regarding
the proposed solution:
a. Its ability to assign question point values. Describe process for this
function
b. Its ability to randomize responses within a question. Describe process
for this function
c. Its ability to randomize question sets. Describe process for this
function
d. All quiz properties native to the application which can be created
(e.g., name, grading or grade items quiz is tied to, comment field,
adding notifications, disabling pager, etc.)
e. Its ability to set quiz restrictions, such as date and time. Describe
process for this function
f. How quiz attempt settings are created
g. Whether overall calculation of the quiz score can be tied to different
student attempts in taking the quiz
h. The various settings that control what the student is able to see after
submitting a quiz (e.g., questions with correct responses, questions
with student’s responses only, answer feedback, etc.)
i. Its ability to set question layout and quiz-taker navigation (e.g.,
number of questions on a page, ability to move between pages or to
move backwards). Describe process for this function
j. How the above settings are different or similar to those contained in
D2L Brightspace, Moodle and other LMSs?
k. Whether the functions in a-j above are tied to integration with or an
interfacing function with an LMS in order to work. If yes, discuss
which and how the integration is achieved
l. Whether any of the above settings are dependent on working with the
LMS and how often the company checks for LMS updates
4. Describe the options for how users create quizzes - online, offline, or either.
If offline, which operating systems are supported?
5. What distinguishes Quizzes/Exams of the proposed solution from other
competitors?
47
MnSCU RFP Content Authoring Tool, October 2015
8) Assessment and
Scoring of Results
Test Scores and Results
1. How soon after completion of tests are scores available to students? To
faculty?
2. Describe whether and how assessment results can be integrated with
gradebooks in LMSs. List all LMSs with which the proposed solution is
already integrated
3. Has the proposed solution worked with on-premise D2L Brightspace clients,
that vendor is aware? If yes, is vendor able to prove that the integration with
the D2L Brightspace gradebook works in on-premise environments?
9) Content Creation –
Collaborative
Authoring
Address the following:
10) Content Creation Gamification
Address the following:
1. Describe the process for two or more authors to collaborate on the creation or
design of learning activities within the proposed solution
2. Describe the permissions and/or permissions by role permitted within the
proposed solution regarding who has access to working on or modifying
learning activities
3. Does the proposed solution offer or permit use of Creative Commons licenses
for collaboration of learning activities? Describe the process (e.g., ability to
add Creative Commons attributions)
4. Are there any digital rights management tools in the proposed solution? If
yes, how are they set up to allow faculty to offer an end-user license,
especially easy-to-use tools for assigning Creative Commons licensing?
1. Describe whether the proposed solution includes elements of gamification
such as digital badging, points, levels, rewards, certificates, competition,
social interaction, challenges, leaderboards, collecting and trading, or quests
2. Describe process for implementing gamification aspects of proposed solution
3. Describe whether and how gamification results can be integrated with LMSs
in general including LMS gradebooks. List all LMSs with which the
proposed solution is already integrated
4. Has the proposed solution worked with on-premise D2L Brightspace clients,
that vendor is aware? If yes, is vendor able to prove that the integration with
the D2L Brightspace works in on-premise environments?
5. Describe the process for incorporating external material in the gamification
elements
6. How do the gamification elements of the proposed solution enhance student
learning?
7. How does proposed solution meet FERPA requirements and protect the
privacy of students' personally identifiable information?
48
MnSCU RFP Content Authoring Tool, October 2015
11) Content Creation –
Audio and Video
Recording
Address the following:
1. Does the proposed solution include audio and video recording capabilities?
What about screen recording capabilities? Describe all functionality available
2. List any distinctive features the proposed solution has over the competition
3. List all sources from where video or audio can be captured (e.g., webcam,
computer microphone, network IP camera or video input device
4. List all file types that can be embedded or included in the recording (e.g.,
MP3, MP4)
5. Describe all available output formats
6. Describe proposed solution’s editing capabilities?
12) Learning Object
Repository (LOR)
Address the following:
1. Does the proposed solution include a learning object repository?
2. Describe how the LOR works in conjunction with the proposed solution
3. How are learning objects created within the general proposed solution the
same as or different from objects created within the LOR?
4. If there are any costs associated with LOR, please address in the Cost
Proposal (Appendix O)
5. If yes, how is the proposed solution’s LOR structured and maintained? By
department, college, campus, system, and/or other?
6. Is the LOR part of the proposed solution’s cloud services (i.e., reside on
premise with respondent) or elsewhere? If elsewhere, specify
7. List all file types that supported in the LOR
8. Can faculty modify shared objects in the LOR?
9. Describe the process for publishing objects to the LOR
10. Describe the process for tagging and adding of metadata.
11. What standards are used for tagging and adding of metadata?
12. Does the proposed solution support the IEEE standard for learning object
metadata (LOM)?
13. Describe the flexibility of the solution’s metadata schema for additional
fields/descriptors—such as whether there is an option to include controlled
vocabulary indexing terms (e.g., instructional disciplines, other
descriptions—such as VRA Core or Darwin Core)
14. Address any intellectual property considerations of the LOR in the context of
Section 25.
15. Does the LOR offer or permit use of Creative Commons licenses for
publishing and sharing?
16. Are there any digital rights management tools in the LOR? If yes, describe
17. To how many LMS courses can learning objects be published (e.g., a single
course, multiple courses)?
49
MnSCU RFP Content Authoring Tool, October 2015
13) Design and Learning
Customization
Address the following:
1. Describe how the proposed solution allows the instructor or content designer
to customize learning content and/or its design. Include in your answer a
description of the graphical design options for customization.
2. Does the proposed solution allow for the use of Cascade Style Sheets (CSS)?
If yes, does it meet the W3C CSS specification?
3. Does the proposed solution allow for branching activities, forms of adaptive
learning or differentiated instruction, or scenario-based learning? If yes,
describe in detail all that pertain
4. Does the proposed solution offer linear and non-linear design? If yes,
describe the process and provide an example
14) Publishing
Address the following:
1. Describe the various ways content created in the proposed solution can be
printed, published, and/or administered (e.g., into an LMS, as interactive
HTML or JavaScript, print, LTI, webpage, HTML5, eBooks?)
2. Is there an activity/interaction preview function?
3. Can a quiz be printed showing the correct answers?
4. Can the answer key be printed as a separate document?
5. In what formats can quizzes be saved?
6. To how many LMS courses can learning activities be published (e.g., a
single course, multiple courses)?
7. Does proposed solution provide the ability to output learning activities or
objects to an MP4 or similar format? If yes, at what level definition -high
definition, standard definition, or both?
15) Integration with LMS
Address the following:
1. Describe all standards employed for integrating with LMS systems (e.g.,
ADL/SCORM, LTI Services (imsglobal.org), IMS QTI, etc.
2. With which LMSs does the proposed solution integrate or interface?
3. Describe the process(es) used to integrate with each LMS
4. Does the proposed solution integrate with D2L Brightspace? If yes,
a. How is content imported?
b. How does it integrate with the gradebook?
c. What’s the process for integration with on-premise clients?
d. What’s the process for integration with cloud-hosted clients?
5. Has the proposed solution worked with on premise D2L Brightspace clients,
that vendor is aware? If yes, is vendor able to prove that the integration with
D2L Brightspace works in on-premise environments?
6. If yes, provide reference of on-premise client whom MnSCU may contact?
7. If the proposed solution does not currently integrate or interface with any
LMS, what integration efforts are needed?
8. What security is in place during the process of moving files back and forth
between the application and the LMS?
50
MnSCU RFP Content Authoring Tool, October 2015
16) Reporting Function
and Analytics
Address the following:
1. Explain vendor’s strategy for collecting, analyzing, reporting, exporting and
sharing data.
2. Can individual data be aggregated on a bigger scale (e.g., departmental,
school or campus level)?
3. Describe whether and how proposed solution provides ability to measure and
track learning outcomes
17) Internet Browser
Access and System
Requirements
Address the following:
1. Does the proposed solution include an alternative/complimentary offline/desktop version that syncs with the Cloud once the user is on-line?
2. Which browsers are supported by the solution?
3. Describe whether solution will support new versions of browsers and within
how many days after version availability
4. What are the system requirements for:
a. Cloud or web-based product solutions?
b. Any alternative/complimentary off-line/desktop versions as referred
to in #1 above
5. Specify all platforms which are compatible with the proposed solution (Mac,
Windows, Linux, other)
6. Does the solution require Java applets or other plug-ins be available in the
browser?
18) Foreign Languages
1. What languages are available with the proposed solution?
2. What steps and permissions are required to install languages and make them
available to the users?
3. Can content be created and accessed through different languages? If so, are
languages released at the same time that English language new releases are
available?
4. When content is changed to a foreign language, how does it affect the user
interface (e.g., left-to-right directionality)?
5. Will the solution function with non-English keyboards? If yes, document and
describe
6. If there are any costs associated with language conversion, please address in
the Cost Proposal (Appendix O)
19) Mobile Applications
Address the following:
1. Which mobile devices does the proposed solution support?
2. Which mobile platforms does the proposed solution support?
3. Has the vendor designed an interface specifically for the devices or
platforms listed in numbers 1 and 2 above? Which ones?
4. What functionality is included in the mobile application of the proposed
solution? If developed differently for different devices or platforms, list
separately
5. What functionality is currently under development for mobile use of the
proposed solution and when will it become available?
51
MnSCU RFP Content Authoring Tool, October 2015
6. How does the proposed solution support delivery of multimedia and
streaming video to mobile devices utilizing appropriate bandwidth and
screen resolutions?
20) Social Media
Interaction with
1. Does the proposed solution have interaction and integration with social
media technologies? If yes, list and describe all and provide an example
2. Describe all elements of social media technologies that require users (faculty
and students) to permit access (i.e., Facebook friends)
21) Usability and Ease of
Use
Address the following:
1. How does the Respondent test the ease of use of the proposed solution for
faculty? For students?
2. Provide user (faculty and student) testing reports
3. Describe the various forms of help and user guides that are available
4. Describe whether wizards are available and if yes, describe what forms (e.g.,
where and how they can be used)
5. What objective qualities make the proposed solution’s interface intuitive for
faculty, students, and system administrators?
6. How is the proposed solution designed for skillsets in higher education?
22) Accessibility
Standards and ADA
Compliance
Address the following:
1. Provide the Vendor’s statement of compliance to Section 508 and the
American Disabilities Act (ADA).
2. Submit Appendices M and N, the Voluntary Product Accessibility Template
(VPAT) statements for this solution.
3. How does the proposed solution address Web accessibility issues including a
statement of the current level of compliance with the W3C Web
Accessibility Initiative (WAI) and Section 508, and/or future plans to
achieve compliance?
4. Do all users with or without disabilities have equally effective access, quality,
timeliness, and availability to all functions and aspects of your product?
5. Are support materials (documentation, online help, video tutorials, etc.)
accessible with equally effective access, quality, timeliness, and availabilityare they able to be enlarged, are they closed-captioned, and will screen
readers or screen navigation software work with these materials?
6. What tests and tools have been applied to ensure accessibility compliancy?
7. Will the solution support items/tasks that can accommodate u s e r s
( f a c u l t y a n d students) with disabilities (e.g. items/tasks including Sign
Language, refreshable Braille, text-to-speech tags, text magnifying software,
and speech-to- text tags)? Braille support must include contracted, uncontracted, and Nemeth Braille. If yes, document and describe.
8. Does the solution allow for non-mobility users using, for example, Dragon™
software to navigate?
9. Describe the solution’s accommodations for u s e r s ( f a c u l t y a n d
students) with disabilities. Describe how solution addresses different
types of disabilities.
52
MnSCU RFP Content Authoring Tool, October 2015
10. Describe assistive technologies that have been tested and how they can be used
with the proposed solution
11. Does the company test assistive technologies with product updates? What are
the results of all tests?
12. Does the company respond with timely updates to the product when
accessibility issues arise?
13. Can a disabled person use the company website to learn how to navigate
through the proposed solution with accessibility tools?
14. Are mathematics symbols compatible with screen readers?
15. Does the solution provide a quality built-in screen reader?
16. What other modalities are available (e.g. Braille, paper/pencil, audio)? If
available, how often do you refresh the items founds in these alternate
formats?
17. Do you do testing with users with disabilities? If so, can you explain the
process and identify, roughly, the range of disabilities and access
technologies used? Provide user testing reports.
18. What experience do developers on your team have coding for accessibility?
19. Does your company have a road map for accessibility going forward? If so,
describe it over the next two years. Outline goals and milestones
20. Have you tested and/or developed your mobile apps (especially iOS) with
accessibility in mind?
23) New Releases,
Upgrades, and Patches
Address the following:
1. Describe the frequency schedule for release of major and minor upgrades
2. Describe average downtimes for upgrades, both major and minor
3. Does vendor offer flexibility of upgrades to coincide with client’s off-peak
times?
4. What is the availability and release timeframe of upgrade documentation,
including known issues and release notes?
5. What is the procedure for client notification of releases, patches and
upgrades, both major and minor?
6. Describe vendor’s rollback procedures during upgrades
7. Provide vendor’s roadmap for product development for the next 2-3 years.
8. What is the availability to clients of beta versions of releases for quality
assurance testing?
9. If there are any costs associated with upgrades please address in the Cost
Proposal (Appendix O)
24) Feature Requests
Address the following:
1. What is the process for users to request feature enhancements?
2. How are feature enhancement requests addressed?
3. Are users notified of a timeline for proposed feature enhancements?
4. Are feature enhancements created for other clients available and /or
transferrable to MnSCU? If there are any costs associated with feature
request, please address in the Cost Proposal (Appendix O)
5. What is the prioritization process for feature enhancements?
6. How is user group input used for product development?
53
MnSCU RFP Content Authoring Tool, October 2015
25) Intellectual Property
Address the following:
1. Does the proposed solution meet the requirements of MnSCU policies 3.26
and 3.27 (link to them or repeat them) and protects Intellectual Property
Rights? See http://www.copyright.mnscu.edu/index.html
2. Include an acknowledgement in your response that Respondent does not
have any claim to intellectual property ownership of the content that resides
in courses, Cloud-hosted or institutional databases via the use of the
proposed solution
3. Are there any digital rights management tools in the proposed solution? If
yes, how are they set up to allow faculty to offer an end-user license,
especially easy-to-use tools for assigning Creative Commons licensing? (If
already answered in Section 9, Question 4, vendor can copy answer here)
26) Test Site
Address the following:
1. Is the vendor willing to make available a free test site for 6 users as part of
the RFP selection process?
2. If yes, describe location of test site, length of the trial period, and all
functionality available during trial period
3. Will the test instance be available on multiple platforms including mobile
platforms? Which ones?
27) Training Services
Address the following:
1. Describe in detail the Respondent’s services for training of users, including:
a. Types of training (onsite, webinar, video tutorials, etc.)
b. Implementation plan for a “train- the-trainer” model for consortia system
clients
c. Any user groups or user communities for proposed solution. Provide
information (i.e., URL) and access (i.e., login requirements) for all
available user groups/communities
2. Describe availability of user guides and other user help
28) Help Desk Services /
Technical Support
Address the following:
1. Describe in detail the availability and cost of Respondent’s ongoing technical
and user support capability. Address the cost in the Cost Proposal (Appendix
O). In your answer please include:
a. Who provides the support? The Respondent or a third party?
b. Describe all levels of support
c. List hours of support including extended hours of support
d. Describe all avenues of support (live chat, ticket, FAQ, and
knowledge base, etc.)
e. Describe ticketing solution (how it works, what system is used)
f. Describe process and procedures for escalation
g. Would Respondent supply a dedicated support manager for the
MnSCU system? If yes, under what circumstances or criteria?
h. Provide in detail Respondent’s service level metrics (i.e., response
time, resolution time).
i. Describe all Help documentation available
54
MnSCU RFP Content Authoring Tool, October 2015
Is there help documentation for version upgrades and when they
become available relative to version release?
k. Does Respondent track and measure customer satisfaction? If yes,
describe process for doing so
l. List all products within the solution that are supported
m. List any web sites used for support
j.
29) Performance
Reliability and
Stability
Address the following:
1. What metrics are used for performance and reliability of the proposed
solution (software and hosting services)?
2. What issues (software and hosting services) have been encountered in the
last 12 months and how have they been resolved?
3. How are system failover and redundancy handled?
By signing this statement, you certify the information provided in the Functional Requirements, Appendix K (and any
attachments) is accurate and that you are authorized to sign on behalf of the Respondent.
Name of Company:_
Authorized Signature:_
Printed Name:
Date:
Title:_
Telephone number:_
55
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX L. TECHNICAL REQUIREMENTS
The Vendor Response Document for the Technical Requirements must be completed and is available in a separate
Microsoft Excel document located on the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
Instructions for completing this worksheet are available within the document. If the format restrictions make it
impossible for you to answer a question appropriately, please submit your inquiries as instructed in Section III, RFP
Inquiries. Submitted questions and the responses will be posted at the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%20Tool
%20RFP%202015.html.
We realize there is redundancy in certain parts of the document. We used a series of process-discovery focus
groups to arrive at these questions and some capabilities were important to more than one group of evaluators.
Only responses made through this Vendor Response Document will be evaluated.
APPENDIX M. VPAT WEB CONTENT ACCESSIBILITY GUIDELINES 2.0 LEVEL AA
Completion of this form is mandatory. If you fail to complete this form, your RFP response may be rejected. It is
strongly recommended Technical Staff who are trained in Accessibility complete this form.
The comments portion must be filled in to further define how accessibility is or is not met. The quality of the
comments impacts the reviewers’ understanding of the accessibility of your product/service. NOTE: MN only
adopted the standards that are level A and level AA. This list includes level AAA standards, which are optional and
highlighted in yellow. Comments are not required for level AAA. Comments must be provided even when you
determine that the standard doesn’t apply to your product.
Principle 1: Perceivable – information and user interface components must be presentable to users in ways they
can perceive.
Guideline 1.1 Text Alternatives: Provide text alternatives for any non-text content so that it can be changed into
other forms people need, such as large print, braille, speech, symbols or simpler language.
Item
Description
Supports?/
Supporting
Features
Comments
56
MnSCU RFP Content Authoring Tool, October 2015
1.1.1
1.1.1
Non-Text Content: All non-text content that is presented to the user has a text
alternative that serves the equivalent purpose, except for the situations listed
below (Level A).
 Controls, Input: If non-text content is a control or accepts user input,
then it has a name that describes its purpose. (Refer to Guideline 4.1 for
additional requirements for controls and content that accepts user
input.)
 Time-Based Media: If non-text content is time-based media, then text
alternatives at least provide descriptive identification of the non-text
content. (Refer to Guideline 1.2 for the additional requirements for
media.)
 Test: If non-text content is a test or exercise that would be invalid if
presented in text, then text alternatives at least provide descriptive
identification of the non-text content.
 Sensory: If non-text content is primarily intended to create a specific
sensory experience, then text alternatives at least provide descriptive
identification of the non-text content.
 CAPTCHA: If the purpose of non-text content is to confirm that content is
being accessed by a person rather than a computer, then text
alternatives that identify and describe the purpose of the non-text
content are provided, and alternative forms of CAPTCHA using output
modes for different types of sensory perception are provided to
accommodate different disabilities.
 Decorative, Formatting, Invisible: If non-text content is pure decoration,
is used only for visual formatting, or is not presented to users, then it is
implemented in a way that it can be ignored by assistive technology.
Guideline 1.2 Time-based Media: Provide alternatives for time-based media.
Item
Description
1.2.1
Audio-Only and Video-Only (Prerecorded): For prerecorded audio-only and
prerecorded video-only media, the following are true, except when the audio
or video is a media alternative for text and is clearly labeled as such (Level A):
 Prerecorded Audio-Only: An alternative for time-based media is provided
that presents equivalent information for prerecorded audio-only content.
 Prerecorded Video-Only: Either an alternative for time-based media or an
audio track is provided that presents equivalent information for
prerecorded video-only content.
Captions (Prerecorded): Captions are provided for all prerecorded audio
content in synchronized media, except when the media is a media alternative
for text and is clearly labeled as such. (Level A)
Audio Description or Media Alternative (Prerecorded): An alternative for timebased media or audio description of the prerecorded video content is provided
for synchronized media, except when the media is a media alternative for text
and is clearly labeled as such. (Level A)
Captions (Live): Captions are provided for all live audio content in synchronized
media. (Level AA)
Audio D e s c r i p t i o n ( Prerecorded): Audio d e s c r i p t i o n i s
p r o v i d e d f o r a l l prerecorded video content in synchronized media.
(LevelLanguage
AA)
Sign
(Prerecorded): Sign language interpretation is provided for all
prerecorded audio content in synchronized media. (Level AAA)
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
Supports?/
Supporting
Features
Comments
57
MnSCU RFP Content Authoring Tool, October 2015
Extended Audio Description (Prerecorded): Where pauses in foreground audio
are insufficient to allow audio descriptions to convey the sense of the video,
extended audio description is provided for all prerecorded video content in
synchronized media. (Level AAA)
1.2.8 Media Alternative (Prerecorded): An alternative for time-based media is
provided for all prerecorded synchronized media and for all prerecorded videoonly media. (Level AAA)
1.2.9 Audio-Only (Live): An alternative for time-based media that
p r e s e n t s equivalent information for live audio-only content is provided.
AAA)
Guideline (Level
1.3 Adaptable:
Create content that can be presented in different ways (for example simpler layout)
1.2.7
without losing information or structure.
Item
Description
1.3.1
Info and Relationships: Information, structure, and relationships conveyed
through presentation can be programmatically determined or are available in
text. (Level A)
Meaningful Sequence: When the sequence in which content is presented
affects its meaning, a correct reading sequence can be programmatically
determined. (Level A)
Sensory Characteristics: Instructions provided for understanding and operating
content do not rely solely on sensory characteristics of components such as
shape, size, visual location, orientation, or sound. (Level A)
1.3.2
1.3.3
Supports?/
Supporting
Features
Comments
Guideline 1.4 Distinguishable: Make it easier for users to see and hear content including separating foreground
from background.
Item
Description
1.4.1
Use of Color: Color is not used as the only visual means of conveying
information, indicating an action, prompting a response, or distinguishing a
visual element. (Level A)
Audio Control: If any audio on a Web page plays automatically for more than 3
seconds, either a mechanism is available to pause or stop the audio, or a
mechanism is available to control audio volume independently from the overall
system volume level. (Level A)
Contrast (Minimum): The visual presentation of text and images of text has a
contrast ratio of at least 4.5:1, except for the following: (Level AA)
 Large Text: Large-scale text and images of large-scale text have a contrast
ratio of at least 3:1;
 Incidental: Text or images of text that are part of an inactive user
interface component, that are pure decoration, that are not visible to
anyone, or that are part of a picture that contains significant other visual
content, have no contrast requirement.
 Logotypes: Text that is part of a logo or brand name has no minimum
contrast requirement.
Resize text: Except for captions and images of text, text can be resized without
assistive technology up to 200 percent without loss of content or functionality.
(Level AA)
1.4.2
1.4.3
1.4.4
Supports?/
Supporting
Features
Comments
58
MnSCU RFP Content Authoring Tool, October 2015
1.4.5
1.4.6
1.4.7
1.4.8
1.4.9
Images of Text: If the technologies being used can achieve the visual
presentation, text is used to convey information rather than images of text
except for the following: (Level AA)
 Customizable: The image of text can be visually customized to the user's
requirements;
 Essential: A particular presentation of text is essential to the information
being conveyed.
Contrast (Enhanced): The visual presentation of text and images of text has a
contrast ratio of at least 7:1, except for the following: (Level AAA)
 Large Text: Large-scale text and images of large-scale text have a contrast
ratio of at least 4.5:1;
 Incidental: Text or images of text that are part of an inactive user
interface component, that are pure decoration, that are not visible to
anyone, or that are part of a picture that contains significant other visual
content, have no contrast requirement.
 Logotypes: Text that is part of a logo or brand name has no minimum
contrast requirement.
Low or No Background Audio: For prerecorded audio-only content that (1)
contains primarily speech in the foreground, (2) is not an audio CAPTCHA or
audio logo, and (3) is not vocalization intended to be primarily musical
expression such as singing or rapping, at least one of the following is true:
(Level AAA)
 No Background: The audio does not contain background sounds.
 Turn Off: The background sounds can be turned off.
 20 dB: The background sounds are at least 20 decibels lower than the
foreground speech content, with the exception of occasional sounds that
last for only one or two seconds.
Visual Presentation: For the visual presentation of blocks of text, a mechanism
is available to achieve the following: (Level AAA)
 Foreground and background colors can be selected by the user.
 Width is no more than 80 characters or glyphs (40 if CJK).
 Text is not justified (aligned to both the left and the right margins).
 Line spacing (leading) is at least space-and-a-half within paragraphs, and
paragraph spacing is at least 1.5 times larger than the line spacing.
 Text can be resized without assistive technology up to 200 percent in a
way that does not require the user to scroll horizontally to read a line of
text on a full-screen window.
Images of Text (No Exception): Images of text are only used for pure decoration
or where a particular presentation of text is essential to the information being
conveyed. (Level AAA)
Principle 2: Operable - User interface components and navigation must be operable.
Guideline 2.1 Keyboard Accessible: Make all functionality available from a keyboard.
Item
Description
2.1.1
Keyboard: All functionality of the content is operable through a keyboard
interface without requiring specific timings for individual keystrokes, except
where the underlying function requires input that depends on the path of the
user's movement and not just the endpoints. (Level A)
Supports?/
Supporting
Features
Comments
59
MnSCU RFP Content Authoring Tool, October 2015
2.1.2
2.1.3
No Keyboard Trap: If keyboard focus can be moved to a component of the page
using a keyboard interface, then focus can be moved away from that
component using only a keyboard interface, and, if it requires more than
unmodified arrow or tab keys or other standard exit methods, the user is
advised of the method for moving focus away. (Level A)
Keyboard (No Exception): All functionality of the content is operable through a
keyboard interface without requiring specific timings for individual keystrokes.
(Level AAA)
Guideline 2.2 Enough Time: Provide users enough time to read and use content.
Item
Description
Supports?/
Supporting
Features
Comments
Timing Adjustable: For each time limit that is set by the content, at least one of
the following is true: (Level A)
 Turn off: The user is allowed to turn off the time limit before
encountering it; or
 Adjust: The user is allowed to adjust the time limit before encountering it
over a wide range that is at least ten times the length of the default
setting; or
 Extend: The user is warned before time expires and given at least 20
seconds to extend the time limit with a simple action (for example, "press
the space bar"), and the user is allowed to extend the time limit at least
ten times; or
 Real-time Exception: The time limit is a required part of a real-time event
(for example, an auction), and no alternative to the time limit is possible;
or
 Essential Exception: The time limit is essential and extending it would
invalidate the activity; or
 20 Hour Exception: The time limit is longer than 20 hours.
2.2.2 Pause, Stop, Hide: For moving, blinking, scrolling, or auto-updating
information, all of the following are true: (Level A)
 Moving, blinking, scrolling: For any moving, blinking or scrolling
information that (1) starts automatically, (2) lasts more than five seconds,
and (3) is presented in parallel with other content, there is a mechanism
for the user to pause, stop, or hide it unless the movement, blinking, or
scrolling is part of an activity where it is essential; and
 Auto-updating: For any auto-updating information that (1) starts
automatically and (2) is presented in parallel with other content, there is
a mechanism for the user to pause, stop, or hide it or to control the
frequency of the update unless the auto-updating is part of an activity
where it is essential.
2.2.3 No Timing: Timing is not an essential part of the event or activity presented by
the content, except for non-interactive synchronized media and real-time
events. (Level AAA)
2.2.4 Interruptions: Interruptions can be postponed or suppressed by the user,
except interruptions involving an emergency. (Level AAA)
2.2.5 Re-authenticating: When an authenticated session expires, the user
can continue the activity without loss of data after re-authenticating. (Level
GuidelineAAA)
2.3 Seizures: Do not design content in a way that is known to cause seizures.
2.2.1
60
MnSCU RFP Content Authoring Tool, October 2015
Item
Description
2.3.1
Three Flashes or Below Threshold: Web pages do not contain anything that
flashes more than three times in any one second period, or the flash is below
the general flash and red flash thresholds. (Level A)
Three Flashes: Web pages do not contain anything that flashes more than three
times in any one second period. (Level AAA)
2.3.2
Supports?/
Supporting
Features
Comments
Guideline 2.4 Navigable: Provide ways to help users navigate, find content, and determine where they are.
Item
Description
2.4.1
Bypass Blocks: A mechanism is available to bypass blocks of content that are
repeated on multiple Web pages. (Level A)
Page Titled: Web pages have titles that describe topic or purpose. (Level A)
Focus Order: If a Web page can be navigated sequentially and the navigation
sequences affect meaning or operation, focusable components receive focus
in an order that preserves meaning and operability. (Level A)
Link Purpose (In Context): The purpose of each link can be determined from
the link text alone or from the link text together with its programmatically
determined link context, except where the purpose of the link would be
ambiguous to users in general. (Level A)
Multiple Ways: More than one way is available to locate a Web page within a
set of Web pages except where the Web Page is the result of, or a step in, a
process. (Level AA)
Headings and Labels: Headings and labels describe topic or purpose. (Level
AA)
Focus Visible: Any keyboard operable user interface has a mode of operation
where the keyboard focus indicator is visible. (Level AA)
Location: Information about the user's location within a set of Web pages is
available. (Level AAA)
Link Purpose (Link Only): A mechanism is available to allow the purpose of
each link to be identified from link text alone, except where the purpose of
the link would be ambiguous to users in general. (Level AAA)
Section Headings: Section headings are used to organize the content. (Level
AAA)
2.4.2
2.4.3
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
Supports?/
Supporting
Features
Comments
Principle 3: Understandable - Information and the operation of user interface must be understandable.
Guideline 3.1 Readable: Make text content readable and understandable.
Item
Description
3.1.1
Language of Page: The default human language of each Web page can be
programmatically determined. (Level A)
Language of Parts: The human language of each passage or phrase in the
content can be programmatically determined except for proper names,
technical terms, words of indeterminate language, and words or phrases that
have become part of the vernacular of the immediately surrounding text.
(Level AA)
3.1.2
Supports?/
Supporting
Features
Comments
61
MnSCU RFP Content Authoring Tool, October 2015
3.1.3
3.1.4
3.1.5
3.1.6
Unusual Words: A mechanism is available for identifying specific definitions of
words or phrases used in an unusual or restricted way, including idioms and
jargon. (Level AAA)
Abbreviations: A mechanism for identifying the expanded form or meaning of
abbreviations is available. (Level AAA)
Reading Level: When text requires reading ability more advanced than the
lower secondary education level after removal of proper names and titles,
supplemental content, or a version that does not require reading ability more
advanced than the lower secondary education level, is available. (Level AAA)
Pronunciation: A mechanism is available for identifying specific pronunciation
of words where meaning of the words, in context, is ambiguous without
knowing the pronunciation. (Level AAA)
Guideline 3.2 Predictable: Make Web pages appear and operate in predictable ways.
Item
Description
3.2.1
On Focus: When any component receives focus, it does not initiate a change
of context. (Level A)
On Input: Changing the setting of any user interface component does not
automatically cause a change of context unless the user has been advised of
the behavior before using the component. (Level A)
Consistent Navigation: Navigational mechanisms that are repeated on
multiple Web pages within a set of Web pages occur in the same relative order
each time they are repeated, unless a change is initiated by the user. (Level
AA)
Consistent Identification: Components that have the same
functionality within a set of Web pages are identified consistently. (Level
AA)
Change on Request: Changes of context are initiated only by user request or
a mechanism is available to turn off such changes. (Level AAA)
3.2.2
3.2.3
3.2.4
3.2.5
Supports?/
Supporting
Features
Comments
Supports?/
Supporting
Features
Comments
Guideline 3.3 Input Assistance: Help users avoid and correct mistakes.
Item
Description
3.3.1
Error Identification: If an input error is automatically detected, the item that
is in error is identified and the error is described to the user in text. (Level A)
Labels or Instructions: Labels or instructions are provided when content
requires user input. (Level A)
Error Suggestion: If an input error is automatically detected and suggestions
for correction are known, then the suggestions are provided to the user,
unless it would jeopardize the security or purpose of the content. (Level AA)
Error Prevention (Legal, Financial, Data): For Web pages that cause legal
commitments or financial transactions for the user to occur, that modify or
delete user-controllable data in data storage systems, or that submit user test
responses, at least one of the following is true: (Level AA)
 Reversible: Submissions are reversible.
 Checked: Data entered by the user is checked for input errors and the
user is provided an opportunity to correct them.
 Confirmed: A mechanism is available for reviewing, confirming, and
correcting information before finalizing the submission.
3.3.2
3.3.3
3.3.4
62
MnSCU RFP Content Authoring Tool, October 2015
3.3.5
3.3.6
Help: Context-sensitive help is available. (Level AAA)
Error Prevention (All): For Web pages that require the user to submit
information, at least one of the following is true: (Level AAA)
 Reversible: Submissions are reversible.
 Checked: Data entered by the user is checked for input errors and the
user is provided an opportunity to correct them.
 Confirmed: A mechanism is available for reviewing, confirming, and
correcting information before finalizing the submission.
Principle 4: Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user
agents, including assistive technologies.
Guideline 4.1 Compatible: Maximize compatibility with current and future user agents, including assistive
technologies.
Supports?/
Supporting
Features
Item
Description
4.1.1
Parsing: In content implemented using markup languages, elements have
complete start and end tags, elements are nested according to their
specifications, elements do not contain duplicate attributes, and any IDs are
unique, except where the specifications allow these features. (Level A)
Name, Role, Value: For all user interface components (including but not
limited to: form elements, links and components generated by scripts), the
name and role can be programmatically determined; states, properties, and
values that can be set by the user can be programmatically set; and
notification of changes to these items is available to user agents, including
assistive technologies. (Level A)
4.1.2
Comments
By signing this statement, you certify the information provided in Appendix M is accurate and that you are
authorized to sign on behalf of the Respondent.
Name of Company:
Authorized Signature:
Printed Name:
Title:
Date:
Telephone number:
63
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX N. VPAT SECTION 508 OF THE REHABILITATION ACT
It is strongly recommended Technical Staff who are trained in Accessibility complete this form.
The comments portion must be filled in to further define how accessibility is or is not met. The quality of the
comments impacts the reviewers’ understanding of the accessibility of your product/service.
The comments portion must be filled in to further define how accessibility is or is not met.
Apply
Meets
Stan Description
Comments
dar
Yes/No Yes/No
d
Section 508: 1194.21 Software Applications and Operating Systems
(a) When software is designed to run on a system that has
a keyboard, product functions shall be executable from
a keyboard where the function itself or the result of
performing a function can be discerned textually.
(b) Applications shall not disrupt or disable activated
features of other products that are identified as
accessibility features, where those features are
developed and documented according to industry
standards. Applications also shall not disrupt or disable
activated features of any operating system that are
identified as accessibility features where the
application programming interface for those
accessibility features has been documented by the
manufacturer of the operating system and is available
to the product developer.
A well-defined on-screen indication of the current focus
(c)
shall be provided that moves among interactive
interface elements as the input focus changes. The
focus shall be programmatically exposed so that
Assistive Technology can track focus and focus changes.
(d) Sufficient information about a user interface element
including the identity, operation and state of the
element shall be available to Assistive Technology.
When an image represents a program element, the
information conveyed by the image must also be
available in text.
(e) When bitmap images are used to identify controls,
status indicators, or other programmatic elements, the
meaning assigned to those images shall be consistent
throughout an application's performance.
64
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Textual information shall be provided through
operating system functions for displaying text. The
minimum information that shall be made available is
text content, text input caret location, and text
attributes.
(g) Applications shall not override user selected contrast
and color selections and other individual display
attributes.
(h) When animation is displayed, the information shall be
displayable in at least one non-animated presentation
mode at the option of the user.
(i) Color coding shall not be used as the only means of
conveying information, indicating an action, prompting
a response, or distinguishing a visual element.
(j) When a product permits a user to adjust color and
contrast settings, a variety of color selections capable
of producing a range of contrast levels shall be
provided.
(k) Software shall not use flashing or blinking text, objects,
or other elements having a flash or blink frequency
greater than 2 Hz and lower than 55 Hz.
When electronic forms are used, the form shall allow
(l)
people using Assistive Technology to access the
information, field elements, and functionality required
for completion and submission of the form, including all
directions and cues.
Section 508: 1194.22 Web-based Internet information and communications
(a) A text equivalent for every non-text element shall be
provided (e.g., via "alt", "longdesc", or in element
content).
(b) Equivalent alternatives for any multimedia
presentation shall be synchronized with the
presentation.
(c) Web pages shall be designed so that all information
conveyed with color is also available without color, for
example from context or markup.
(d) Documents shall be organized so they are readable
without requiring an associated style sheet.
(f)
65
MnSCU RFP Content Authoring Tool, October 2015
Standard
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Redundant text links shall be provided for each active
region of a server-side image map.
Client-side image maps shall be provided instead of
server-side image maps except where the regions
cannot be defined with an available geometric shape.
Row and column headers shall be identified for data
tables.
Markup shall be used to associate data cells and header
cells for data tables that have two or more logical levels
of row or column headers.
Frames shall be titled with text that facilitates frame
identification and navigation
Pages shall be designed to avoid causing the screen to
flicker with a frequency greater than 2 Hz and lower
than 55 Hz.
A text-only page, with equivalent information or
functionality, shall be provided to make a web site
comply with the provisions of this part, when
compliance cannot be accomplished in any other way.
The content of the text-only page shall be updated
whenever the primary page changes.
When pages utilize scripting languages to display
content, or to create interface elements, the
information provided by the script shall be identified
with functional text that can be read by Assistive
Technology.
When a web page requires that an applet, plug-in or
other application be present on the client system to
interpret page content, the page must provide a link to
a plug-in or applet that complies with §1194.21(a)
through (l).
When electronic forms are designed to be completed
on-line, the form shall allow people using Assistive
Technology to access the information, field elements,
and functionality required for completion and
submission of the form, including all directions and
cues.
A method shall be provided that permits users to skip
repetitive navigation links.
When a timed response is required, the user shall be
alerted and given sufficient time to indicate more time
is required.
66
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Section 508: 1194.23 Telecommunications products
Telecommunications products or systems which
(a)
provide a function allowing voice communication and
which do not themselves provide a TTY functionality
shall provide a standard non-acoustic connection
point for TTYs. Microphones shall be capable of being
turned on and off to allow the user to intermix speech
with TTY use.
Telecommunications products which include voice
(b)
communication functionality shall support all
commonly used cross-manufacturer non-proprietary
standard TTY signal protocols.
Voice mail, auto-attendant, and interactive voice
(c)
response telecommunications systems shall be usable
by TTY users with their TTYs.
Voice mail, messaging, auto-attendant, and
(d)
interactive voice response telecommunications
systems that require a response from a user within a
time interval, shall give an alert when the time interval
is about to run out, and shall provide sufficient time
for the user to indicate more time is required.
Where provided, caller identification and similar
(e)
telecommunications functions shall also be available
for users of TTYs, and for users who cannot see
displays.
For transmitted voice signals, telecommunications
(f)
products shall provide a gain adjustable up to a
minimum of 20 dB. For incremental volume control, at
least one intermediate step of 12 dB of gain shall be
provided.
If the telecommunications product allows a user to
(g)
adjust the receive volume, a function shall be provided
to automatically reset the volume to the default level
after every use.
Where a telecommunications product delivers output
(h)
by an audio transducer which is normally held up to
the ear, a means for effective magnetic wireless
coupling to hearing technologies shall be provided.
Interference to hearing technologies (including
(i)
hearing aids, cochlear implants, and assistive listening
devices) shall be reduced to the lowest possible level
that allows a user of hearing technologies to utilize the
telecommunications product.
67
MnSCU RFP Content Authoring Tool, October 2015
Standard
(j)
(k1)
(k2)
(k3)
(k4)
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Products that transmit or conduct information or
communication,
shall
pass
through
crossmanufacturer, non-proprietary, industry-standard
codes, translation protocols, formats or other
information necessary to provide the information or
communication in a usable format. Technologies
which use encoding, signal compression, format
transformation, or similar techniques shall not remove
information needed for access or shall restore it upon
delivery.
Products which have mechanically operated controls
or keys shall comply with the following: Controls and
Keys shall be tactilely discernible without activating
the controls or keys.
Products which have mechanically operated controls
or keys shall comply with the following: Controls and
Keys shall be operable with one hand and shall not
require tight grasping, pinching, twisting of the wrist.
The force required to activate controls and keys shall
be 5 lbs. (22.2N) maximum.
Products which have mechanically operated controls
or keys shall comply with the following: If key repeat
is supported, the delay before repeat shall be
adjustable to at least 2 seconds. Key repeat rate shall
be adjustable to 2 seconds per character.
Products which have mechanically operated controls
or keys shall comply with the following: The status of
all locking or toggle controls or keys shall be visually
discernible, and discernible either through touch or
sound.
68
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Section 508: 1194.24 Video and Multi-media products
All analog television displays 13 inches and larger, and
(a)
computer equipment that includes analog television
receiver or display circuitry, shall be equipped with
caption decoder circuitry which appropriately
receives, decodes, and displays closed captions from
broadcast, cable, videotape, and DVD signals. As soon
as practicable, but not later than July 1, 2002,
widescreen digital television (DTV) displays measuring
at least 7.8 inches vertically, DTV sets with
conventional displays measuring at least 13 inches
vertically, and stand-alone DTV tuners, whether or not
they are marketed with display screens, and computer
equipment that includes DTV receiver or display
circuitry, shall be equipped with caption decoder
circuitry which appropriately receives, decodes, and
displays closed captions from broadcast, cable,
videotape, and DVD signals.
Television tuners, including tuner cards for use in
(b)
computers, shall be equipped with secondary audio
program playback circuitry.
All training and informational video and multimedia
(c)
productions which support the agency's mission,
regardless of format, that contain speech or other
audio information necessary for the comprehension of
the content, shall be open or closed captioned.
All training and informational video and multimedia
(d)
productions which support the agency's mission,
regardless of format, that contain visual information
necessary for the comprehension of the content, shall
be audio described.
Display or presentation of alternate text presentation
(e)
or audio descriptions shall be user-selectable unless
permanent.
69
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Section 508: 1194.25 Self-contained, Closed products
Self-contained products shall be usable by people with
(a)
disabilities without requiring an end-user to attach
Assistive Technology to the product. Personal
headsets for private listening are not Assistive
Technology.
When a timed response is required, the user shall be
(b)
alerted and given sufficient time to indicate more time
is required.
Where a product utilizes touchscreens or contact(c)
sensitive controls, an input method shall be provided
that complies with §1194.23 (k) (1) through (4).
When biometric forms of user identification or control
(d)
are used, an alternative form of identification or
activation, which does not require the user to possess
particular biological characteristics, shall also be
provided.
When products provide auditory output, the audio
(e)
signal shall be provided at a standard signal level
through an industry standard connector that will allow
for private listening. The product must provide the
ability to interrupt, pause, and restart the audio at any
time.
When products deliver voice output in a public area,
(f)
incremental volume control shall be provided with
output amplification up to a level of at least 65 dB.
Where the ambient noise level of the environment is
above 45 dB, a volume gain of at least 20 dB above the
ambient level shall be user selectable. A function shall
be provided to automatically reset the volume to the
default level after every use.
(g)
Color coding shall not be used as the only means of
conveying information, indicating an action,
prompting a response, or distinguishing a visual
element.
(h)
When a product permits a user to adjust color and
contrast settings, a range of color selections capable
of producing a variety of contrast levels shall be
provided.
Products shall be designed to avoid causing the screen
(i)
to flicker with a frequency greater than 2 Hz and lower
than 55 Hz.
70
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Products which are freestanding, non-portable, and
intended to be used in one location and which have
operable controls shall comply with the following: The
position of any operable control shall be determined
with respect to a vertical plane, which is 48 inches in
length, centered on the operable control, and at the
maximum protrusion of the product within the 48 inch
length on products which are freestanding, nonportable, and intended to be used in one location and
which have operable controls.
(j2) Products which are freestanding, non-portable, and
intended to be used in one location and which have
operable controls shall comply with the following:
Where any operable control is 10 inches or less behind
the reference plane, the height shall be 54 inches
maximum and 15 inches minimum above the floor.
(j3) Products which are freestanding, non-portable, and
intended to be used in one location and which have
operable controls shall comply with the following:
Where any operable control is more than 10 inches
and not more than 24 inches behind the reference
plane, the height shall be 46 inches maximum and 15
inches minimum above the floor.
(j4) Products which are freestanding, non-portable, and
intended to be used in one location and which have
operable controls shall comply with the following:
Operable controls shall not be more than 24 inches
behind the reference plane.
Section 508: 1194.26 Desktop and Portable Computers
All mechanically operated controls and keys shall
(a)
comply with §1194.23 (k) (1) through (4).
If a product utilizes touchscreens or touch-operated
(b)
controls, an input method shall be provided that
complies with §1194.23 (k) (1) through (4).
When biometric forms of user identification or control
(c)
are used, an alternative form of identification or
activation, which does not require the user to possess
particular biological characteristics, shall also be
provided.
(j1)
71
MnSCU RFP Content Authoring Tool, October 2015
Standard
Description
Apply?
Yes/No
Meets
Yes/No
Comments
Where provided, at least one of each type of
expansion slots, ports and connectors shall comply
with publicly available industry standards
Section 508: 1194.31 Functional Performance Criteria
At least one mode of operation and information
(a)
retrieval that does not require user vision shall be
provided, or support for Assistive Technology used by
people who are blind or visually impaired shall be
provided.
At least one mode of operation and information
(b)
retrieval that does not require visual acuity greater
than 20/70 shall be provided in audio and enlarged
print output working together or independently, or
support for Assistive Technology used by people who
are visually impaired shall be provided.
At least one mode of operation and information
(c)
retrieval that does not require user hearing shall be
provided, or support for Assistive Technology used by
people who are deaf or hard of hearing shall be
provided
Where audio information is important for the use of a
(d)
product, at least one mode of operation and
information retrieval shall be provided in an enhanced
auditory fashion, or support for assistive hearing
devices shall be provided.
At least one mode of operation and information
(e)
retrieval that does not require user speech shall be
provided, or support for Assistive Technology used by
people with disabilities shall be provided.
(f)
At least one mode of operation and information
retrieval that does not require fine motor control or
simultaneous actions and that is operable with limited
reach and strength shall be provided.
(d)
72
MnSCU RFP Content Authoring Tool, October 2015
Apply?
Yes/N
o
Section 508: 1194.41 Information, Documentation, and Support
Product support documentation provided to end(a)
users shall be made available in alternate formats
upon request, at no additional charge
End-users shall have access to a description of the
(b)
accessibility and compatibility features of products in
alternate formats or alternate methods upon request,
at no additional charge.
Support services for products shall accommodate the
(c)
communication needs of end-users with disabilities.
Standard
Description
Meets
Yes/No
Comments
By signing this statement, you certify the information provided in Appendix N is accurate and that you are
authorized to sign on behalf of the Respondent.
Name of Company:
Authorized Signature:
Printed Name:
Title:
Date:
Telephone number:
73
MnSCU RFP Content Authoring Tool, October 2015
APPENDIX O. COST PROPOSAL (FINANCIAL REQUIREMENTS)
Instructions: Respondents are required to address all requirements in the order and sequence provided within
each section. Cost Proposals must be submitted in a sealed envelope, separately from the General Proposal.
For detailed instructions on how to submit the Cost Proposal, see Submission Requirements and Process.
The Vendor Response Document for the Cost Proposal (Appendix O completed and is available in a Microsoft
Word document located on the MnSCU Content Authoring Tool Web site:
http://asa.mnscu.edu/educationalinnovation/RFP%20Documents%20and%20Files/Content%20Authoring%2
0Tool%20RFP%202015.html.
The System Office on behalf of the MnSCU system is seeking to enter into an eighteen (18) month contract
with one or more vendors with the option to renew for up to an additional six years. Pricing must be firm
for the first four and a half (4.5) years. Vendor should include the annual price increase beyond the first four
and a half (4.5) years.
Respondent should address the following:
1. Detail available contract terms and options to renew
2. Describe options for multi-year discounts
3. Describe all pricing options available for proposed solution. Include in your descriptions:
a. Tools and functionality included in the option
b. License fees, annual charges, one-time special fees, start-up fees, branding fees, integration
fees if implemented at the system level (solution is employed by all MnSCU institutions)
c. License fees, annual charges, one-time special fees, start-up fees, integration fees if
implemented by individually participating institutions
d. License fees, annual charges, one-time special fees, start-up fees, branding fees, integration
fees if implemented by individual users
e. License fees, annual charges, one-time special fees, start-up fees, integration fees if
implemented for students who might use the proposed solution as part of their academic
requirements
f. For questions above, describe if there are banding options (i.e., discounts for volume
purchases) and if so on what basis (e.g., FTEs, FYEs, concurrent licensing, etc.)
g. Describe maximum storage for pricing options for system level, institutions, and individuals and
list costs associated with storage for all pricing options
4. List and describe costs for optional tools and functionality not included in a base package; specify
tools and costs
5. List and describe any training and/or consulting costs associated with proposed solution
6. List and describe costs for customization required for proposed solution to integrate or interface
with D2L Brightspace, Moodle, and other LMSs
7. List and describe costs associated with language conversion
8.
List and describe the following related to vendor’s technical and user support and service:
a. Describe levels of support and pricing for all levels
b. Describe and note costs for dedicated MnSCU Institutional Administrator
74
MnSCU RFP Content Authoring Tool, October 2015
c. Describe and list costs for technical and user documentation
d. Include Service Level Agreement(s)
9.
List and describe costs associated with client requests for feature enhancement requests
10. List and describe costs for items which are part of the proposed solution that have not otherwise
been specified above, but which are needed for successful installation, development, and
operation of this service
75
MnSCU RFP Content Authoring Tool, October 2015
EXHIBIT P. PROFESSIONAL/ TECHNICAL SERVICES CONTRACT
P.O. Number_________________
STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
SYSTEM OFFICE
PROFESSIONAL/TECHNICAL SERVICES CONTRACT
THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its
Board of Trustees of the Minnesota State Colleges and Universities, on behalf of System Office (hereinafter MnSCU),
and [INSERT CONTRACTOR’S LEGAL NAME AND FULL ADDRESS], an independent contractor, not an employee
of the State of Minnesota (hereinafter CONTRACTOR).
WHEREAS, MnSCU, pursuant to Minnesota Statutes Chapter 136F, is empowered to procure from time to time certain
professional/technical services, and
WHEREAS, MnSCU is in need of professional/technical services, and
WHEREAS, the CONTRACTOR represents it is duly qualified and willing to perform the services set forth in this
contract and
WHEREAS, the CONTRACTOR represents that he / she is not a current state employee, and
WHEREAS, the CONTRACTOR represents that he / she has not received an early separation incentive under Minnesota
State Colleges and Universities Board Policy 4.11, Board Early Separation Incentive Program (BESI), during the one
year post-separation period prior to the effective date of this contract.
NOW, THEREFORE, it is agreed:
1.
TERM OF CONTRACT. This contract is effective on [INSERT FULL DATE (e.g., January 29, 2013)] or
upon the date the final required signature is obtained by MnSCU, whichever occurs later, and shall remain in
effect until [INSERT FULL DATE (e.g., June 15, 2013)] or until all obligations set forth in this contract have
been satisfactorily fulfilled, whichever occurs first. The CONTRACTOR understands that no work should begin
under this contract until all required signatures have been obtained and the CONTRACTOR is notified to begin
work by MnSCU’s authorized representative.
2.
CONTRACTOR’S DUTIES. The CONTRACTOR will:
Provide _____________________ to meet MnSCU requirements (detail TBD).
3.
CONSIDERATION AND TERMS OF PAYMENT.
a.
Consideration for all services performed and goods or materials supplied by the CONTRACTOR pursuant to
this contract shall be paid by MnSCU as follows:
i. Compensation of TBD.
76
MnSCU RFP Content Authoring Tool, October 2015
ii. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
CONTRACTOR in performance of this contract in an amount not to exceed TBD. IF NONE,
INSERT “Zero Dollars ($0.00)] provided that CONTRACTOR shall be reimbursed for travel
and subsistence expenses in the same manner and in no greater amount than provided in the
current “Commissioner’s Plan” promulgated by the Commissioner of Employee Relations
attached hereto. The CONTRACTOR shall not be reimbursed for travel and subsistence
expenses incurred outside the State of Minnesota unless it has received prior written approval
for such out-of-state travel from MnSCU’s authorized representative.
iii. The total obligation of MnSCU for all compensation and reimbursement to the
CONTRACTOR shall not exceed TBD.
b.
Terms of Payment.
i. Payment shall be made by MnSCU promptly after the CONTRACTOR’S presentation of
invoices for services performed and acceptance of such services by MnSCU’s authorized
representative. All services provided by the CONTRACTOR pursuant to this contract shall be
performed to the satisfaction of MnSCU, as determined at the sole discretion of its authorized
representative, and in accordance with all applicable federal, state and local laws, ordinances,
rules and regulations. The CONTRACTOR shall not receive payment for work found by
MnSCU to be unsatisfactory or performed in violation of any applicable federal, state or local
law, ordinance, rule or regulation. Invoices shall be presented by CONTRACTOR according
to the following schedule:
ii. Payments are to be made from federal funds obtained by MnSCU through Title ______ of the
________________ Act of ____________________ (Public law and amendments thereto). If
at any time such funds become unavailable, this contract shall be terminated immediately upon
written notice of such fact by MnSCU to the CONTRACTOR. In the event of such
termination, CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed.
iii. Nonresident Aliens. Pursuant to 26 U.S.C. §1441, MnSCU is required to withhold certain
federal income taxes on the gross compensation paid to nonresident aliens, as defined by
Internal Revenue Code §7701(b). MnSCU will withhold all required taxes unless and until
CONTRACTOR submits documentation required by the Internal Revenue Service indicating
that CONTRACTOR is a resident of a country with tax treaty benefits. MnSCU makes no
representations regarding whether or to what extent tax treaty benefits are available to
CONTRACTOR. To the extent that MnSCU does not withhold these taxes for any reason,
CONTRACTOR agrees to indemnify and hold MnSCU harmless for any taxes owed and any
interest or penalties assessed.
iv. Entertainers. Pursuant to Minnesota Statutes 290.9201, MnSCU is required to withhold a two
percent (2%) tax on the gross compensation, including reimbursable expenses, paid to nonMinnesota entertainers for any performance in Minnesota.
4.
AUTHORIZED REPRESENTATIVES. All official notifications, including but not limited to, cancellation of
this contract must be sent to the other party’s authorized representative.
a.
MnSCU’s authorized representative for the purpose of administration of this contract is:
Name:
Address:
Telephone:
E-Mail:
Fax:
Such representative shall have final authority for acceptance of the CONTRACTOR’S services and, if
77
MnSCU RFP Content Authoring Tool, October 2015
such services are accepted as satisfactory, shall so certify on each invoice presented pursuant to Clause
3, paragraph b.
b.
The CONTRACTOR’S authorized representative for the purpose of administration of this contract is:
Name:
Address:
Telephone:
E-Mail:
Fax:
5.
CANCELLATION AND TERMINATION.
a.
This contract may be canceled by MnSCU at any time, with or without cause, upon thirty (30) days written
notice to the CONTRACTOR. In the event of such a cancellation, the CONTRACTOR shall be entitled to
payment, determined on a pro rata basis, for work or services satisfactorily performed.
b.
Termination for Insufficient Funding. MnSCU may immediately terminate this contract if it does not obtain
funding from the Minnesota Legislature or other funding source, or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written or fax
notice to the CONTRACTOR within a reasonable time of MnSCU receiving notice that sufficient funding is
not available. MnSCU is not obligated to pay for any services that are provided after notice and effective
date of termination. However, the CONTRACTOR will be entitled to payment, determined on a pro rata
basis, for work or services satisfactorily performed to the extent that funds are available. MnSCU will not
be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature or
other funding source not to appropriate funds.
6.
ASSIGNMENT. The CONTRACTOR shall neither assign nor transfer any rights or obligations under this
contract without the prior written consent of MnSCU.
7.
LIABILITY. The CONTRACTOR shall indemnify, save, and hold MnSCU, its representatives and employees
harmless from any and all claims or causes of action, including all attorney’s fees incurred by MnSCU, arising
from the performance of this contract by the CONTRACTOR or CONTRACTOR’S agents or employees. This
clause shall not be construed to bar any legal remedies the CONTRACTOR may have for MnSCU’s failure to
fulfill its obligations pursuant to this contract.
8.
WORKERS’ COMPENSATION. The CONTRACTOR certifies it is in compliance with Minnesota Statutes
§176.181, subd. 2 pertaining to workers’ compensation insurance coverage. The CONTRACTOR’S employees
and agents will not be considered MnSCU employees. Any claims that may arise under the Minnesota Workers’
Compensation Act on behalf of these employees or agents and any claims made by any third party as a
consequence of any act or omission on the part of these employees or agents are in no way MnSCU’s obligation
or responsibility.
9.
PUBLICITY. Any publicity given to the program, publications, or services provided resulting from this
contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs,
and similar public notices prepared by or for the CONTRACTOR or its employees individually or jointly with
others, or any subcontractors shall identify MnSCU as the sponsoring agency and shall not be released prior to
receiving the approval of MnSCU’s authorized representative.
10. MINNESOTA STATUTES §181.59.
The Contractor will comply with the provisions of Minnesota Statutes §181.59 which require:
Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school
district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which
the contractor agrees: (1) that, in the hiring of common or skilled labor for the performance of any work under
any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason or race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens who are
78
MnSCU RFP Content Authoring Tool, October 2015
qualified and available to perform the work to which the employment relates; (2) that no contractor, material
supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any
person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any contract on account of race, creed, or color; (3) that a
violation of this section is a misdemeanor; and (4) that this contract may be canceled or terminated by the state,
county, city, town, school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the
terms or conditions of this contract.
11. DATA DISCLOSURE.
a.
As a condition of this contract, CONTRACTOR is required by Minn. Stat. §270C.65 to provide a social
security number, a federal tax identification number or Minnesota tax identification number. This
information may be used in the enforcement of federal and state tax laws. These numbers will be available
to federal and state tax authorities and state personnel involved in approving the contract and the payment of
state obligations. Supplying these numbers could result in action to require CONTRACTOR to file state tax
returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are
provided.
b.
Independent Contractors. Minn. Stat. §256.998 requires MnSCU to report the name, address and social
security number of independent contractors to the New Hire Reporting Center of the Minnesota Department
of Human Services unless this Contract is for less than two months in duration with gross earnings of less
than $250.00 per month. This information may be used by state or local child support enforcement
authorities in the enforcement of state and federal child support laws.
12. GOVERNMENT DATA PRACTICES ACT.
a. Data Ownership and Control.
The requirements of Minnesota Statutes § 13.05, subd. 11 apply to this contract. The CONTRACTOR
and MnSCU must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided by MnSCU in accordance with this contract, and as it
applies to all data, created, collected, received, stored, used, maintained, or disseminated by the
CONTRACTOR in accordance with this contract. The civil remedies of Minnesota Statutes §13.08
apply to the release of the data referred to in this clause by either the CONTRACTOR or MnSCU.
MnSCU solely and exclusively owns and retains all right, title, and interest, whether express or
implied in and to its data. For purposes of this section “MnSCU data” has the meaning of
“government data” in Minn. Stat. §13.02, subd. 7. CONTRACTOR has no and acquires no right, title,
or interest, whether expressed or implied, in and too MnSCU data.
b. Public Data Requests.
In the event the CONTRACTOR receives a request to release the data referred to in this clause, the
CONTRACTOR must immediately notify MnSCU. MnSCU will give the CONTRACTOR
instructions concerning the release of the data to the requesting party before the data is released.
c. Not-public Data.
The CONTRACTOR acknowledges that the Contract may allow it to access private data, including but
not limited to “educational data” as defined at Minnesota Statutes § 13.32; “not public data” as defined
at Minnesota Statutes § 13.02, subd. 8a; and “nonpublic data” as defined at Minnesota Statutes §
13.02, subd. 9. CONTRACTOR is responsible for maintain the confidentiality, security, and
protection of MnSCU data related to the Contract. CONTRACTOR acknowledges that information
about the design and security of MnSCU computer systems and resources, including any security flaws
or other vulnerabilities, is nonpublic data pursuant to Minnesota Statutes § 13.37(a).
79
MnSCU RFP Content Authoring Tool, October 2015
The CONTRACTOR further acknowledges that for the purposes of this Contract it will be designated
as a “school official” with “legitimate educational interests” in MnSCU’s data, as those terms have
been defined under the Family Educational Rights and Privacy Act (FERPA) and its implementing
regulations, and the CONTRACTOR agrees to abide by the limitations and requirements imposed by
34 CFR 99.33(a) on school officials. The CONTRACTOR will use MnSCU’s data only for the
purpose of fulfilling its duties under this Contract, and will not monitor or share such data with or
disclose it to any third party except as provided for in this Contract, required by law, or authorized in
writing by MnSCU. CONTRACTOR will not access MnSCU user accounts except to respond to
service or technical problems or at MnSCU’s specific request.
CONTRACTOR agrees that no MnSCU data shall be transmitted, exchanged or otherwise provided to
other parties except as specifically agreed to in writing by MnSCU contract administrator or delegate.
CONTRACTOR must ensure that any contractors, subcontractors, agents and others to whom it
provides MnSCU data, agree in writing to be bound by the same restrictions and conditions under this
Contract that apply to CONTRACTOR with respect to such data.
d. Security Incidents.
If CONTRACTOR becomes aware of a privacy or security incident regarding any MnSCU data,
CONTRACTOR will immediately report the event to MnSCU and MNSCU’s Chief Information
Security Officer. The decision to notify and the actual notifications to the MnSCU’s data subjects
affected by the security or privacy incident is the responsibility of MnSCU. Notwithstanding anything
to the contrary in this Contract, the CONTRACTOR shall indemnify, hold harmless and defend MnSCU
and its officers, and employees for and against any claims, damages, costs and expenses related to any
privacy or security incident involving any MnSCU data. CONTRACTOR shall reasonably mitigate any
harmful effects resulting from any privacy or security incident involving any MnSCU data.
For purposes of this sub-section, "security incident" means the successful unauthorized access, use,
disclosure, modification or destruction of data or interference with system operations in an information
system. For purposes of this sub-section, "privacy incident" means violation of the Minnesota
Government Data Practices Act (Minnesota Statutes chapter 13) and/or federal privacy requirements in
federal laws, rules and regulations. This includes, but is not limited to, improper or unauthorized use or
disclosure of not public data, improper or unauthorized access to or alteration of public data, and
incidents in which the confidentiality of the data maintained by CONTRACTOR has been breached. For
purposes of this section, “not public data” has the meaning in Minnesota Statutes section 13.02,
subdivision 8a.
e. Security Program.
CONTRACTOR must make all commercially reasonable efforts to protect and secure MnSCU data
related to this Contract. CONTRACTOR will establish and maintain an Information Security Program
(“Program”) that includes an information security policy applicable to any and all cloud computing or
hosting services (“Policy”). CONTRACTOR’s Program and Policy must align with appropriate industry
security frameworks and standards such as National Institute of Standards and Technology (“NIST”)
800-53 Special Publication Revision 4, Federal Information Processing Standards (“FIPS”) 199, Federal
Risk and Authorization Management Program (“FedRamp”), or Control Objectives for Information and
Related Technology (“COBIT”). For purposes of this section, “cloud computing” has the meaning
defined by the U.S. Department of Commerce, NIST Special Publication 800-145, currently available
online at: http://csrc.nist.gov/publications/nistpubs/800-145/SP800-145.pdf.
CONTRACTOR will make its Policy available to MnSCU on a confidential, need-to-know basis, along
with other related information reasonably requested by MnSCU regarding CONTRACTOR’s security
practices and policies. Unless inconsistent with applicable laws, CONTRACTOR and MnSCU must
treat the Policy and related information on security practices and policies that are specific to the State as
80
MnSCU RFP Content Authoring Tool, October 2015
confidential information and as not public data pursuant to Minnesota Statutes §13.37.
f. End of Agreement Data Handling.
All MnSCU data shall be remitted, in a mutually agreeable format and media, to MnSCU by the
CONTRACTOR upon request or upon completion, termination or cancellation of this Contract. The
foregoing sentence does not apply if MnSCU’s Chief Information Security Officer or delegate authorizes
in writing the CONTRACTOR to sanitize and/or destroy the data and the CONTRACTOR certifies in
writing the sanitization and/or destruction of the data. Ninety days following any remittance of MnSCU
data to MnSCU, CONTRACTOR shall, unless otherwise instructed by MnSCU in writing, sanitize
and/or destroy any remaining data and certify in writing that the sanitization and/or destruction of the
data has occurred. Any such remittance, sanitization or destruction will be at the CONTRACTOR’s sole
cost and expense.
13. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS.
a.
MnSCU shall own all rights, title and interest in all of the materials conceived or created by the
CONTRACTOR, or its employees or subcontractors, either individually or jointly with others and which
arise out of the performance of this contract, created and paid for under this contract, including any
inventions, reports, studies, designs, drawings, specifications, notes, documents, software and
documentation, computer based training modules, electronically, magnetically or digitally recorded material,
and other work in whatever form (hereinafter MATERIALS).
The CONTRACTOR hereby assigns to MnSCU all rights, title and interest to the MATERIALS. The
CONTRACTOR shall, upon request of MnSCU, execute all papers and perform all other acts necessary to
assist MnSCU to obtain and register copyrights, patents or other forms of protection provided by law for the
MATERIALS. The MATERIALS created under this contract by the CONTRACTOR, its employees or
subcontractors, individually or jointly with others, shall be considered “works made for hire” as defined by
the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall
be remitted to MnSCU by the CONTRACTOR, its employees and any subcontractors, and the
CONTRACTOR shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or
used for any purpose other than performance of the CONTRACTOR’S obligations under this contract
without the prior written consent of MnSCU’s authorized representative.
b.
The CONTRACTOR represents and warrants that MATERIALS produced or used under this contract do not
and will not infringe upon any intellectual property rights of another, including, but not limited to, patents,
copyrights, trade secrets, trade names, and service marks and names. The CONTRACTOR shall indemnify
and defend, to the extent permitted by the Attorney General, MnSCU at the CONTRACTOR’S expense
from any action or claim brought against MnSCU to the extent that it is based on a claim that all or part of
the MATERIALS infringe upon the intellectual property rights of another. The CONTRACTOR shall be
responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages,
including, but not limited to, reasonable attorney fees arising out of this contract, amendments and
supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in the CONTRACTOR’S or MnSCU’s opinion is likely to arise, the
CONTRACTOR shall, at MnSCU’s discretion, either procure for MnSCU the right or license to continue
using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy
shall be in addition to and shall not be exclusive to other remedies provided by law.
14. ANTITRUST. The CONTRACTOR hereby assigns to the State of Minnesota any and all claims for
overcharges as to goods or services provided in connection with this contract resulting from antitrust violations
which arise under the antitrust laws of the United States or the antitrust laws of the State of Minnesota.
15. JURISDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed
by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach
thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota.
81
MnSCU RFP Content Authoring Tool, October 2015
16. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same
parties who executed the original contract, or their successors in office.
17. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the
CONTRACTOR relevant to this contract shall be subject to examination by MnSCU and the Legislative Auditor
for a minimum of six (6) years from the end of the contract.
18. SURVIVAL OF TERMS. The following clauses survive the expiration, cancellation or termination of this
contract: Liability; Publicity; Data Disclosure; Government Data Practices Act; Ownership Of Materials and
Intellectual Property Rights; Jurisdiction and Venue; and State Audits.
19. AFFIRMATIVE ACTION REQUIREMENTS FOR CONTRACTS IN EXCESS OF $100,000.00 AND
THE CONTRACTOR HAS MORE THAN 40 FULL-TIME EMPLOYEES IN MINNESOTA OR ITS
PRINCIPAL PLACE OF BUSINESS.
MnSCU intends to carry out its responsibility for requiring affirmative action by its CONTRACTORS.
a.
Covered Contracts and Contractors. If the contract exceeds One Hundred Thousand and 00/100 Dollars
($100,000.00) and the CONTRACTOR employed more than forty (40) full-time employees on a single
working day during the previous twelve (12) months in Minnesota or in the state where it has its principle
place of business, then the CONTRACTOR must comply with the requirements of Minnesota Statutes
§363A.36 and Minnesota R. Parts 5000.3400-5000.3600. A CONTRACTOR covered by Minnesota
Statutes §363A.36 because it employed more than forty (40) full-time employees in another state and the
CONTRACTOR does not have a Certificate of Compliance, said CONTRACTOR must certify that it is in
compliance with federal affirmative action requirements.
b.
Minnesota Statutes §363A.36. Minnesota Statutes §363A.36 requires CONTRACTOR to have an
affirmative action plan for the employment of minority persons, women, and qualified disabled individuals
approved by the Minnesota Commissioner of Human Rights (hereinafter COMMISSIONER) as indicated by
a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and
contract consequences in that event. A contract awarded without a certificate of compliance may be voided.
c.
Minnesota R. 5000.3400-5000.3600.
i.
General. Minnesota R. 5000.3400-5000.3600 implement Minnesota Statutes §363A.36. These
rules include, but are not limited to: criteria for contents, approval, and implementation of
affirmative action plans; procedures for issuing certificates of compliance and criteria for
determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and
notice and hearing; annual compliance reports; procedures for compliance review; and contract
consequences for non-compliance. The specific criteria for approval or rejection of an affirmative
action plan are contained in various provisions of Minnesota R. 5000.3400-5000.3600, including,
but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
ii.
Disabled Workers. The CONTRACTOR must comply with the following affirmative action
requirements for disabled workers.
A.
The CONTRACTOR must not discriminate against any employee or applicant for
employment because of physical or mental disability in regard to any position for which
the employee or applicant for employment is qualified. The CONTRACTOR agrees to
take affirmative action to employ, advance in employment, and otherwise treat qualified
disabled persons without discrimination based upon their physical or mental disability in
all employment practices such as the following: employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
82
MnSCU RFP Content Authoring Tool, October 2015
B.
The CONTRACTOR agrees to comply with the rules and relevant orders of the
Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights
Act.
C.
In the event of the CONTRACTOR'S noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with Minnesota Statutes
§363A.36, and the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
D.
The CONTRACTOR agrees to post in conspicuous places, available to employees
and applicants for employment, notices in a form to be prescribed by the Commissioner of
the Minnesota Department of Human Rights. Such notices must state the
CONTRACTOR'S obligation under the law to take affirmative action to employ and
advance in employment qualified disabled employees and applicants for employment, and
the rights of applicants and employees.
E.
The CONTRACTOR must notify each labor union or representative of workers with
which it has a collective bargaining agreement or other contract understanding, that the
CONTRACTOR is bound by the terms of Minnesota Statutes §363A.36 of the Minnesota
Human Rights Act and is committed to take affirmative action to employ and advance in
employment physically and mentally disabled persons.
iii.
Consequences. The consequences for the CONTRACTOR’S failure to implement its affirmative
action plan or make a good faith effort to do so include, but are not limited to, suspension or
revocation of a certificate of compliance by the COMMISSIONER, refusal by the
COMMISSIONER to approve subsequent plans, and termination of all or part of this contract by
the COMMISSIONER or MnSCU.
iv.
Certification. The CONTRACTOR hereby certifies it is in compliance with the requirements of
Minnesota Statutes §363A.36 and Minnesota R. 5000.3400-5000.3600 and is aware of the
consequences for noncompliance.
20. EQUAL PAY CERTIFICATION REQUIREMENTS FOR CONTRACTS IN EXCESS OF $500,000.00
AND THE CONTRACTOR HAS MORE THAN 40 FULL-TIME EMPLOYEES IN MINNESOTA OR
ITS PRIMARY PLACE OF BUSINESS.
MnSCU intends to carry out its responsibility for requiring equal pay by its CONTRACTORS.
a.
Covered Contracts and Contractors. If the amount of this contract is in excess of $500,000.00 and the
CONTRACTOR has 40 or more full-time employees in Minnesota or a state where the business has its
primary place of business on a single day during the prior 12 months, the CONTRACTOR must comply
with the requirements of Minnesota Statutes §363A.44 prior to contract execution. CONTRACTOR must
obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an
exemption prior to CONTRACT execution. CONTRACTOR is exempt if it has not employed more than 40
full-time employees on any single working day in one state during the previous 12 months. A certificate is
valid for four years.
i.
Consequences. The consequences for the CONTRACTOR’S failure to secure and comply with
Minnesota Statutes §363A.44 or make a good faith effort to do so, include but are but are not
limited to, suspension or revocation of a certificate of Compliance by the COMMISSIONER, and
termination of all or part of this contract by the COMMISSIONER or MnSCU.
ii.
Certification. The CONTRACTOR hereby certifies it is in compliance with the requirements of
Minnesota Statutes §363A.44 and applicable rules and regulations and is aware of the consequences
for noncompliance.
83
MnSCU RFP Content Authoring Tool, October 2015
21. PAYMENT CARD INDUSTRY DATA SECURITY.
a.
CONTRACTOR agrees to establish security procedures to protect cardholder data and comply with the
Payment Card Industry Data Security Standards (PCI DSS). Contractor can find details of the PCI DSS at
https://www.pcisecuritystandards.org/security_standards/pci_dss.shtml
b.
CONTRACTOR agrees to notify MnSCU and its participating member Colleges/Universities within 30 days
if either CONTRACTOR establishes that it is not PCI-compliant or CONTRACTOR is notified by a
Qualified Security Assessor (QSA) or CONTRACTOR’s acquiring bank that CONTRACTOR is not PCIcompliant.
c.
CONTRACTOR agrees to comply with all applicable laws that require the notification of individuals in the
event of unauthorized release of cardholder data. In the event of a breach of any of CONTRACTOR's
security obligations or other event requiring notification under applicable law, CONTRACTOR agrees to
assume responsibility for informing all such individuals in accordance with applicable law and to indemnify,
hold harmless and defend Minnesota State Colleges and Universities and its participating member
Colleges/Universities and its trustees, officers, and employees from and against any claims, damages, or
other harm related to such a breach.
d.
CONTRACTOR agrees to notify MnSCU’s authorized representative within 24 hours in the event of
unauthorized release of cardholder data.
22. ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties and supersedes
any previous discussions or agreements, either verbal or written that occurred between the parties. This Contract
may not be amended except by written agreement signed by the parties hereto. In the event of any conflict or
inconsistency between this Contract and any riders, exhibits, addenda, or other document incorporated herein,
this Contract shall govern.
23. OTHER PROVISIONS. [IF “NONE”, WRITE “NONE”]
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
1.
CONTRACTOR:
CONTRACTOR certifies that the appropriate person(s) have executed the contract on behalf of CONTRACTOR as
required by applicable articles, by-laws, resolutions, or ordinances.
By (authorized signature and printed name)
Title
Date
By (authorized signature and printed name)
Title
Date
84
MnSCU RFP Content Authoring Tool, October 2015
2.
VERIFIED AS TO ENCUMBRANCE:
Employee certifies that funds have been encumbered as required by Minnesota Statutes §16A.15.
By (authorized signature and printed name)
Title
Date
3.
MINNESOTA STATE COLLEGES AND UNIVERSITIES
[INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]:
By (authorized signature and printed name)
Title
Date
4.
AS TO FORM AND EXECUTION:
By (authorized signature and printed name)
Title
Date
End of Document
85
MnSCU RFP Content Authoring Tool, October 2015