UNIVERSITY OF ARKANSAS		Request for Proposal	
SUBMIT BID TO:	Purchasing Department	BU:	CTED	R502628	
321 Administration Building	Buyer:	KAREN A WALLS	
Fayetteville, AR 72701	Bid Opening Date:	6/25/13	Time:	2:30 P.M.	
(479) 575-2551	Bid Description:	PROCTORING SERVICES	
  TERM CONTRACT 	

VENDORS WHO DO NOT WISH TO RESPOND TO A BID ARE NOT REQUIRED TO DO SO. HOWEVER, VENDORS NOT RESPONDING AND/OR SUBMITTING A “NO BID” RESPONSE TO THREE CONSECUTIVE BID INVITATIONS FOR THE REQUESTED COMMODITY MAY BE REMOVED FROM THE UNIVERSITY’S BIDDERS LIST.
Please Print or Type
Company Name:	Phone:
Address:
Fax:

City:		EMail: State:	Web Site:
Zip Code:	Tax ID or SSN:

THIS OFFICIAL BID SHEET MUST BE SIGNED AND RECEIVED IN A SEALED ENVELOPE  WITH VENDOR NAME, BID NUMBER, AND BID OPENING DATE CLEARLY NOTED ON OUTSIDE OF ENVELOPE.

BIDS MAY NOT BE FAXED DIRECTLY TO UNIVERSITY IN RESPONSE TO THIS INVITATION FOR BID.

Please Note: The above listed date and time is the LATEST the bid will be accepted. ANY bids received after that time will NOT be considered.

BID WILL BE ACCEPTED EITHER SIGNED IN INK OR WITH ELECTRONIC OR FACSIMILE SIGNATURE.
PLEASE ENCLOSE ONE EXTRA COPY OF SIGNED BID.

Pricing awarded on a resulting contract from this bid shall be available to all University of Arkansas departments. Terms stated in the bid response, including pricing and delivery, are available for use outside of the Northwest Arkansas region, but may result in higher shipping costs.

Name (Type or Print):  	

Title:  	

Signature:   	

Date: 	

STANDARD TERMS AND CONDITIONS

1.	PREPARATION OF BIDS	
	1.1	Failure to examine any drawings, specifications, and instructions will be at bidder’s risk.	
	1.2	All prices and notations must be printed in ink or typewritten.  No erasures permitted.  Errors may be crossed out and
corrections printed in ink or typewritten adjacent, and must be initialed in ink by person signing bid.	
	1.3	Brand Name References: Unless specified “No Substitute” any catalog brand name or manufacturer’s reference used in
the bid invitation is descriptive only, not restrictive, and used to indicate the type and quality desired.  If bidding on other than referenced specifications, the bid must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer’s illustrations and complete descriptions of the product offered.  The University reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the University may require the bidder to supply additional descriptive material, samples, or demonstrators.    The bidder guarantees that the product offered will meet or exceed the referenced product and/or specifications identified in this bid invitation.   If the bidder takes no exception to the specifications, bidder will be required to furnish the product exactly as specified in the invitation.	
	1.4	Samples: Samples or demonstrators, when requested, must be furnished free of expense to the University.   Samples
not destroyed during reasonable examination will become property of the University unless bidder states otherwise.  All demonstrators will be returned after reasonable examination.  Each sample should be marked with the bidder’s name and address, bid number and item number.	

1.5	Time of Performance: The number of calendar days in which delivery will be made after receipt of order shall be stated in the bid.

2.	SUBMISSION OF BIDS
2.1	Bids, modifications or corrections thereof received after the closing time specified will not be considered.

3.	ACCEPTANCE OF BIDS
3.1	The University reserves the right to accept or reject all or any part of a bid or any and all bids, to waive any informality, and to award the bid to best serve the interest of the University.
3.2	If a bidder fails to state the time within which a bid must be accepted, it is understood and agreed that the University shall have 60 days to accept.

4.	ERROR IN BID
4.1	In case of error in the extension of prices in the bid, the unit price will govern.  No bid shall be altered or amended after the specified time for opening bids.

AWARD
5.
5.1    Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications or on the basis for best value.
5.2    When more than one item is specified in the Invitation, the University reserves the right to determine the low bidder either on the basis of the individual items or on the basis of all items included in its Invitation for Bids, or as expressly stated in the Invitation for Bid.

5.3

5.4

A written purchase order or contract award mailed, or otherwise furnished, to the successful bidder within the time of acceptance specified in the Invitation for Bid results in a binding contract without further action by either party.  The contract shall not be assignable by the vendor in whole or part without the written consent of the University.
Vendors awarded contracts for commodities and/or services are encouraged to participate in our University Shopping Mall. This online catalog database is operated by a third party provider and will allow all University departments to place orders to multiple vendors online. A monthly maintenance fee, to be negotiated between each vendor and the shopping mall data base provider, is required.

6.	DELIVERY
6.1    The Invitation for Bid will show the number of days to place a commodity in the University designated location under normal conditions.  If the bidder cannot meet the stated delivery, alternate delivery schedules may become a factor in award.  The University has the right to extend delivery if reasons appear valid.
6.2    Delivery shall be made during University work hours only, 8:00 a.m. to 4:30 p.m.., unless prior approval for other shipment has been obtained.
6.3	Packing memoranda shall be enclosed with each shipment.

7.	ACCEPTANCE AND REJECTION
7.1    Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship shall be subject to inspection and test at all times and places, and when practicable.  During manufacture, the right is reserved to reject articles which contain defective material and workmanship.  Rejected material shall be removed by and at the expense of the contractor promptly after notification of rejection.  Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the University thereof for such materials or supplies as are not in accordance with the specification.  In the event necessity requires the use of materials or supplies not conforming to the specification, payment may be made with a proper reduction in price.

8.	TAXES AND TRADE DISCOUNTS
8.1	Do not include state or local sales taxes in bid price.
8.2	Trade discounts should be deducted from the unit price and net price should be shown in the bid.

9.	DEFAULT
9.1    Back orders, default in promised delivery, or failure to meet specifications authorize the University to cancel this contract to the defaulting contractor.  The contractor must give written notice to the University of the reason and the expected delivery date.
9.2   Consistent failure to meet delivery without a valid reason may cause removal from the bidders list or suspension of eligibility for award.

10.	WAIVER
10.1    The University reserves the right to waive any General Condition, Special Condition, or minor specification deviation when considered to be in the best interest of the University, so long as such waiver is not given so as to deliberately favor any single vendor and would have the same effect on all vendors.

11.	CANCELLATION
11.1	Any contract or item award may be canceled for cause by either party by giving 30 days written notice of intent to cancel.
Cause  for  the  University  to  cancel  shall  include,  but  is  not  limited  to,  cost  exceeding  current  market  prices  for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions.  The contractor will be required to honor all purchase orders that were prepared and dated prior to the date of expiration or cancellation if received by the contractor within period of 30 days following the date of expiration or cancellation.   Cancellation by the University does not relieve the Contractor of any liability arising out of a default or

nonperformance.  If a contract is canceled due to a request for increase in prices or failure to perform, that vendor shall be removed from the Qualified Bidders List for a period of 24 months.  Cause for the vendor to cancel shall include, but is not limited to the item(s) being discontinued and unavailable from the manufacturer.

12.	ADDENDA
12.1    Addenda modifying plans and/or specifications may be issued if time permits.   No addendum will be issued within a period of three(3) working days prior to the time and date set for the bid opening.  Should it become necessary to issue an addendum within the three-day period prior to the bid opening, the bid date will be reset giving bidders ample time to answer the addendum.
12.2	Only written addenda is part of the bid packet and should be considered.

13.	ALTERNATE BIDS
13.1    Unless specifically requested alternate bids will not be considered.  An alternate is considered to be a bid that does not comply with the minimum provisions of the specifications.

14.	BID OPENINGS
14.1    Bid opening will be conducted open to the public.  However, they will serve only to open, read and tabulate the bid price on each bid.  No discussion will be entered into with any vendor as to the quality or provisions of the specifications and no award will be made either stated or implied at the bid opening.

15.	DEBRIS REMOVAL
15.1	All debris must be removed from the University after installation of said equipment.

ALL BIDS SUBMITTED SHALL BE IN COMPLIANCE WITH THE GENERAL CONDITIONS SET FORTH HEREIN.  THE BID PROCEDURES FOLLOWED BY THIS OFFICE WILL BE IN ACCORDANCE WITH THESE CONDITIONS.  THEREFORE, ALL VENDORS ARE URGED TO READ AND UNDERSTAND THESE CONDITIONS PRIOR TO SUBMITTING A BID.

UNIVERSITY OF ARKANSAS		Request for Proposal	
SUBMIT BID TO:	Purchasing Department	BU:	CTED	R502628	
321 Administration Building	Buyer:	KAREN A WALLS	
Fayetteville, AR 72701	Bid Opening Date:	6/25/13	Time:	2:30 P.M.	
(479) 575-2551	Bid Description:	PROCTORING SERVICES	
  TERM CONTRACT 	

Please send one (1) original signed hard copy and a 5 CD-ROM copies of your response to this bid. Label the CD-ROM Copies with the Respondent’s name and Bid number. The extra copies are needed for bid evaluation purposes.  Please do not send bid responses to different bids in the same envelopes.  Thank You!

  Bid the following according to minimum specifications or functional equivalent. 	
Item    Description                                                                                  Qty            Unit Price                 Total Price

Online Proctoring Solution Term Contract as per attached Request for Proposal:

1.	One-time Costs		$ 		

2.	
Reoccurring or Annual Costs, if Applicable		
$ 		

3.	
Any and all additional costs		
$ 		
		
Total	
$ 		

NOTE:  Bids must be submitted on this official bid form to be considered.

Additional Instructions on page 11 section 1.6
   
General Campus Background for University of Arkansas

Established in 1871 as a land grant institution, the University of Arkansas is the only comprehensive doctoral degree granting institution in Arkansas. It is classified as a Carnegie Foundation Doctoral/Research University. The University campus includes 360 buildings on 357 acres. The University offers more than 230 undergraduate and graduate degrees in more than 150 fields of study in agricultural, food and life sciences, arts and sciences, business, education, engineering, architecture and law. As of Fall 2011, student enrollment was 23,199 (undergraduate 17,327, professional 399, graduate 3616, and non-degree 410; full-time 16,617 and part-time 2,410). The faculty count was 989, and staff count was 2863. The University is the flagship campus for the University of Arkansas System.

PROPRIETARY INFORMATION

Proprietary information submitted in response to this RFP will be processed in accordance with applicable UA procurement procedures.  Bids and documents pertaining to the RFP become the property of UA and shall be open to public inspection subsequent to bid opening.   Any proprietary information must be identified and sealed separately within proposal [include with Original and any required Copies].

Note of caution:  Do not attempt to mark the entire proposal as "proprietary".  Do not submit letterhead  or  similarly  customized  paper  within  the  proposal  to  reference  the  page(s)  as "Confidential" unless the information is sealed separately and identified as proprietary.  Acceptable

proprietary  items  may  include  references,  resumes,  and  financials  or  system/software/hardware manuals. Cost cannot be considered as proprietary.

Ethical Standards

“It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business”

ARKANSAS TECHNOLOGY CLAUSE

TECHNOLOGY ACCESS:  When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds.  The Vendor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets  the  statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January
1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.
ACCORDINGLY, THE VENDOR EXPRESSLY REPRESENTS AND WARRANTS to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:
-	Providing,  to  the  extent  required  by  Arkansas  Code  Annotated  §  25-26-201  et  seq.,  as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means;
-	Presenting information, including prompts used for interactive communications, in formats intended for non-visual use;
-	After  being  made  accessible,  integrating  into  networks  for  obtaining,  retrieving,  and disseminating information used by individuals who are not blind or visually impaired;
-	Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;
-	Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;
-	Integrating  into  networks  used  to  share  communications  among  employees,  program participants, and the public; and
-	Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

State agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which

product best meets the standards.  If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product.
For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws.  Examples of methods by which equivalent access may be provided include, but are not limited  to,  keyboard  alternatives  to  mouse  commands  or  other  means  of  navigating  graphical displays, and customizable display appearance.  As provided in Arkansas Code Annotated § 25-26-
201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013.
If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

University of Arkansas Logo / Trademark Licensing:

Merchandise that carries a University logo or trademark must be purchased from vendors that are licensed through the Collegiate Licensing Corporation. Therefore, bidders are required to be currently licensed to carry the University of Arkansas logo in order to be eligible to submit bids for those requests that involve the University of Arkansas logo or trademark.  Only those offers submitted by currently licensed bidders will be considered for award.

Dun and Bradstreet DUNS Number
We highly encourage all University of Arkansas contract vendors to use a Dun and Bradstreet number (DUNS Number). The D & B DUNS Number is a unique nine digit identification sequence, which provides unique identifiers of single business entities, while linking corporate family structures together.  If your business has not registered, you may do so at:
http://www.dnb.com/
If available, please provide your Dun and Bradstreet DUNS Number below:

Request for Proposal (RFP)	R502628
Online Proctoring Service
Term Contract

PROPOSAL RELEASE DATE:	June 11 , 2013

PROPOSAL DUE DATE:	June 25 , 2013

PROPOSAL DUE TIME:	2:30 PM CST

SUBMIT ALL PROPOSALS TO:	University of Arkansas Purchasing Division Administration Building, Room 321
1125 W. Maple Street
Fayetteville, AR 72701

Request for Proposal
Requisition Number 502628
Online Proctoring Service Term Contract

University of Arkansas – Fayetteville
School of Continuing Education and Academic Outreach (SCEAO)

1 INTRODUCTION

1.1 DESCRIPTION OF RFP

The Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas – Fayetteville – School of Continuing Education and Academic Outreach (SCEAO), seeks proposals from experienced, qualified vendors to establish a multivendor term contract for competitively-priced online proctoring solutions to support academic integrity, offer heightened identity verification, and provide access 24/7/365  to students enrolled in online learning.

The intent is to award the contract with multiple firms. There will be no guarantee of the amount of the work available during the contract period.

The online proctoring solution must be ready for use by August 16, 2013 unless approved prior to that date by the department in advance of the beginning of the Fall Semester.

Vendor Response Required:

1.2 INSTITUTIONAL BACKGROUND

Founded in 1871 as a land grant institution, the University of Arkansas is the flagship of the University of Arkansas System and enrolls 25,000 students, with a growing number enrolling in one or more online sections. Located in Fayetteville in Arkansas’ northwest corner, the U of A is the state’s foremost partner and resource for education and economic development. The Carnegie Foundation for the Advancement of Teaching recently classified the U of A as a national research university with a very high level of research activity, based on the number of doctoral degrees awarded, research grants received and other factors. The U of A is the only Arkansas institution with such a ranking and is among just 108 institutions in the United States (out of 4,633) to have received that classification.

The University of Arkansas - Fayetteville is committed to enhancing and expanding online degree offerings supported by systems aimed at reducing obstacles to student success, while upholding the institution’s reputation of excellence and value in higher education.

For more information about the University of Arkansas go to  www.uark.edu.

The SCEAO is the University’s Global Campus, the portal to online, distance, and professional education. The online proctoring solutions selected will be available to all University of Arkansas – Fayetteville academic units. As the central administrative unit for the support of online design, delivery, and quality support, the SCEAO will serve as the liaison with the selected service vendors.

For more information on the U of A Global Campus, go to  http://globalcampus.uark.edu/

Vendor Response Required:

1.3 SCOPE OF WORK

The SCEAO has been actively working across campus to explore and pilot proctoring solutions capable of adapting to a variety of assessment structures and/or other academic technology products to achieve optimal support for academic integrity, student authentication, and flexible 24/7 service. Because of disparate instructional assessment requirements and vendor-specific instructional technology used in some classes, it is recognized that more than one solution will likely be required; therefore, the intent is to award the contract with multiple firms.

The online proctoring solution(s) selected will be used by enrolled students and faculty delivering online courses and modules. The solutions should enable students to connect remotely using a personal laptop or computer from their homes, offices, or other sites to take exams on any day at any time in any location around the globe.

A customized proctoring center portal carrying the brand of the University of Arkansas – Fayetteville must be provided to facilitate connection with and support for the proctoring process.

The online proctoring solution must integrate with the University’s Learning Management System (LMS)—Blackboard Learn Version 9.1, service pack 12.  Capability of adapting to vendor-specific instructional technology would be considered a plus.

The online proctoring solution must be ready for use by August 16, 2013 in advance of the beginning of the Fall Semester.  Readiness includes technology and system installation, system testing, as well as training for faculty and staff and resource support for users.

The proctoring selected will initially be supported by a University pay model with the Vendor billing the SCEAO as the central administrative unit. Billing must be sorted to enable identification of proctoring charges to be linked to the appropriate administering academic unit. In addition, daily/weekly/term-based administrative proctoring reports, which include information on completed exams, cancelled exams, rescheduled exams, exceptions, and other specifics must be provided in a format that enables linkage to and assessment of service for each specific academic unit.
Not all University of Arkansas online courses require proctored exams; some include authentic assessment, writing assignments, frequent low-stakes quizzes, projects and/or group work. An estimated number of exams to be proctored using an online proctoring solution for the first year ranges from 2,000 to 6,000, with significant increases expected in subsequent years.

There will be no guarantee of the amount of the work available during the contract period.

Successful bidders will have prior successful experience on similar projects with public universities of similar size, offer competitively-priced solutions, and demonstrate, through response to this RFP the capacity: to provide online proctoring solutions that support the University’s culture of academic integrity, to offer heightened identity verification, provide expanded access and flexibility for serving students enrolled in online learning, and be nimble enough to accommodate growth.

Vendor Response Required:

1.4 DETAILED REQUIREMENTS

The desired online proctoring solution includes the widest possible range of service access to online proctoring in terms of days, times, and locations for all users, including individuals with disabilities who may or may not be using assistive technology. In the proposal, the successful vendor(s) will clearly articulate a plan for addressing the following desired features:

A. Online proctoring service with live support to students, faculty, and administration, including individuals with disabilities who may or may not be using assistive technology, in any geographic location during the widest possible range of dates and times. The vendor’s Voluntary Product Accessibility Template (VPAT), to include a description of assistive technology options, should be provided if possible. Standard and emergency support services must be clearly communicated with operating hours and contact information for students, faculty, and university administrative support users.  Minimum and recommended hardware, software, and network connectivity required for use of this service by students and the institution must be included. An explanation of how the vendor will ensure security and safeguarding of information in accordance with federal and state law must be provided.
B. Process for verifying student identity prior to and during the exam; options for using the process independent of test taking considered a plus.
C. Customization of the overall solution to meet the needs of the University of Arkansas – Fayetteville, SCEAO including, but not limited to, integration with Blackboard Learn Version
9.1, service pack 12; proctoring center portal carrying the University’s brand; and customized invoices and reports. Daily/weekly/monthly reports provided to the institution are to be described.
D. Competitive-pricing and scalability for management and growth.

Vendor Response Required:

1.5 ISSUING AGENCY

This Request for Proposal (RFP) is issued by the Office of Business Affairs, University of Arkansas, Fayetteville, on behalf of Human Resources.  The University Purchasing Official is the sole point of contact for the University of Arkansas, Fayetteville.

All vendor questions regarding all RFP matter should be addressed via email. All questions should be emailed to:
Karen A. Walls CPPB, Buyer
Office of Business Affairs
321 Administration Building University of Arkansas Fayetteville, AR 72701

E-mail:  kwalls@uark.edu

Vendor Response Required:

1.6	INSTRUCTIONS TO BIDDERS & CONTRACT TERMS

1.6.1	Bidders must address each of the requirements of this RFP by the same paragraph number 
      sequence, stating the requirement and providing a response.  Bidder responses should contain 
      sufficient information and/or detail for the University to determine that the bidder has met ALL 
      aspects of the requirement and for the University to further evaluate the merit of the bidder’s 
      response.  Where it  states – Vendor Response Required: bidders should respond.  If the field 
      is left blank without an answer, the bid could be disqualified.  Bidder should respond with 
      (yes or no) when appropriate.  At the minimum, acknowledged.I

      In the event that a detailed response is not necessary, the vendor should state“acknowledged” as 
      the response to indicate that the vendor acknowledges and fully complies with the specification.

      If a description is requested in the paragraph, respondents must insert a detailed response 
      accordingly.  Respondents must address each of the requirements of this request.  Vendor’s 
      required responses should contain sufficient information and detail for the University to further 
      evaluate the merit of the vendor’s response.  Failure to respond in this format may result in 
      disqualification.

      Respondents must comply with all articles in the Standard Terms and Conditions as attached to 
      the front of this Request for Proposal, and with all articles in this Request for Proposal document.

      Any exceptions to any of the terms, conditions, specifications, protocols, and/or other requirements 
       listed in this RFP must be clearly noted by reference to the page number, section, or other 
       identifying reference in this RFP. All information regarding such exceptions to content or 
       requirements must be noted in the same sequence as its appearance in this RFP.

       All bidders are strongly encouraged to carefully review the following instructions to bidders.  
       The University of Arkansas is not responsible for any misinterpretation or misunderstanding 
        of these instructions on the part of the Bidders.

       Vendor Response Required:

       1.6.2 Receipt of Proposals

       Sealed proposals must be received in the Office of Business Affairs, Administration Building Room
       321 no later than 2:30 P.M. June 25, 2013 at which time all received proposals will be 
       publicly opened.

       One (1) original hardcopy and five (5) copies on CD copies of the proposal should be provided. 
      All five (5) bid document copies must be submitted on a CD-ROM (labeled with the respondent’s 
       name and the Bid Number), readable by the University, with the documents in Microsoft Windows 
       versions of Microsoft Word, Microsoft Excel, Microsoft Visio, Microsoft PowerPoint, or Adobe 
       PDF formats; other formats are acceptable as long as that format’s viewer is also included on the
       CD-ROM or a pointer is provided for downloading it from the Internet.  Responses shall be 
       publicly opened and announced at that time, and become public information under the laws of 
       the State of Arkansas.

       Any proposal received after the time specified for receipt of proposals will not be considered.  All 
       rejected proposals will be returned unopened.  All proposals must be in writing and must be
       executed and  signed by an authorized officer of the bidder.

  The University reserves the right to reject any and all proposals and to waive formalities.

  Vendor Response Required:

1.7 Contract Length

The required services described herein are to commence as soon as possible after date of award for one year.  Thereafter, the contract may be renewed upon mutual agreement of both parties for a period of six (6) additional years not to exceed seven (7) years unless terminated sooner.

Vendor Response Required:

1.8 Contract Information

Bidders should note the following in regard to the University’s contracting authority and amend any documents accordingly.

The University may not contract with another party to:
Pay any penalties or charges, which in fact are penalties for any reason.

Indemnify and defend that party for any liability and damages, however, the University may agree to hold the other party harmless from any loss or claim provided that any determination of the liability of such losses or claims shall be according to the procedures and under the jurisdiction of the Arkansas State Claims Commission.

[Upon default] pay damages, legal expenses, other costs and expenses of any other party. Conduct litigation in a place other than Washington County, Arkansas.
Agree with any provisions of a contract, which violates the laws of the Constitution of the State of
Arkansas.

Vendor Response Required:

1.9 Contract Termination and Assignment

Either party shall have the right to terminate this contract for any reason during its term, upon giving a minimum of sixty (60) days’ notice to the other party.

The Contract will not be assignable without prior written consent of both parties.  Any attempted assignment without such consent shall be grounds and cause for immediate termination of this contract.

Vendor Response Required:

1.10 Formation of the Agreement/Contract

At its option, the University may take either one of the following actions in order to create the agreement between the University and the selected Contractor:

1.  Accept a proposal as written by issuing a written notice to the selected Contractor, which refers to the Request for Proposal and accept the proposal submitted in response to it.

2.  Enter negotiations with one or more firms in an effort to reach a mutually satisfactory written agreement, which will be executed by both parties and will be based upon this Request for Proposal, the proposal submitted by the firm and negotiations concerning these.

Because the University may use alternative (1) above, each Bidder should include in its proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add such matters after the proposal is submitted.

The contents of this RFP will be incorporated into the final contract documents, which will include a
Standard University Agreement.

Vendor Response Required:

1.11 Provisions Deemed Included in the Proposal

Unless a Bidder specifically provides otherwise, in its written proposal, the proposal received by the University in response to this Request for Proposal shall automatically be deemed to include the firm’s agreement to the following provisions:

The proposal constitutes an offer from the Bidder which shall remain open and irrevocable for a period of ninety (90) days from the deadline for submitting proposals; and

The Bidder consents to the University contacting and obtaining any information relevant to this
Request for Proposal from the references identified by the Bidder in its proposal or others.

Vendor Response Required:

1.12 Award

The University reserves the right to reject any or all bids, or any portion thereof, to re-advertise if deemed necessary, and to investigate any or all bids and request additional information as necessary in order to substantiate the professional, financial and/or technical qualifications of the Bidders. Contract will be awarded to the Bidder(s) whose proposal adheres to the conditions set forth in the RFP, and in the sole judgment of the University, best meets the overall goals and financial objectives of the University.

Vendor Response Required:

1.13 Cost for Proposal Preparation and Campus Visits

The University will not reimburse Bidders costs incurred in the preparation and submission of proposals, nor will the University reimburse Bidders for expenses related to visiting the campus or providing on-campus presentations related to the proposals.

Vendor Response Required:

1.14 Telegraphic Proposals

Telegraphic, email or FAX proposals will not be considered. However, written proposals may be modified by such means, provided the notice of modification is received prior to the opening date and hour specified, and a signed written confirmation of the modification is received by the University within 48 working hours of receipt of the telegraphic modification.

Vendor Response Required:

1.15 Acknowledgment of Addenda

Bidders should acknowledge receipt of addenda by letter, email or FAX within 48 hours of receipt. Failure to provide such acknowledgment may be grounds for disqualification.

Vendor Response Required:

1.16 Additional Information

Bidders are cautioned that the University is not obligated to ask for or accept after the opening date, data that is essential for a complete and thorough evaluation of the proposal.  The University may award a Contract based upon initial submissions without any further discussion of such proposals. Accordingly, each proposal should be submitted on the most favorable and complete price and technical terms as possible.

Vendor Response Required:

1.17 Proprietary Information

After the award of the Contract, all proposals will be open for public inspection.  Financial data, trade secrets, test data, and similar proprietary information will, the extent permitted by law, remain confidential provided such material is clearly so marked by the Bidder prior to submission of the RFP. However, financial proposal information may not be confidential.

Vendor Response Required:

1.18 Force Majeure

Both parties shall agree that, by reason of strike or other labor disputes, civil disorders, inclement weather, Acts of God, or other unavoidable cause, either party is unable to entirely perform its obligations, such nonperformance shall not be considered a breach of agreement.

Vendor Response Required:

1.19 Audit
The Vendor shall retain all books, records and other documents relative to this contract for five (5) years after final payment or until audited by the State of Arkansas, whichever is sooner.  The University of Arkansas, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

Vendor Response Required:

1.20 Time is of the Essence

Vendor and University agree that time is of the essence in all respects concerning this contract and performance herein.

Vendor Response Required:

1.21 CONTRACTOR OPERATING REQUIREMENTS & OBLIGATIONS

1.2.1.1 Standard of Performance

The Contractor shall perform according to the terms and conditions as stated herein, and according to the highest standards and commercial practices. Instances of poor performance by the Contractor will be documented and submitted to the Contractor for immediate review and corrective action. Continued instances of poor performance will be deemed a breach of the specifications of this RFP and shall be grounds and cause for immediate termination of this contract.  A review meeting will be called between the University and the Contractor when documented instances of poor performance occur.  A plan for corrective action agreeable to both parties will be developed and implemented.
The University retains the right to assess whether and when performance is subsequently acceptable.

Vendor Response Required:

1.2.1.2 Indemnification & Insurance

The Contractor shall indemnify and hold harmless the University, its officers and employees from all claims, suits, actions, damages, and costs of every nature and description arising out of or resulting from the Contract, or the provision of services under the Contract.

The Contractor shall purchase and maintain at Contractor’s expense, the following minimum insurance coverage for the period of the contract.  Certificates evidencing the effective dates and amounts of such insurance must be provided to the University.

Workers Compensation: As required by the State of Arkansas.
Commercial General Liability, with no less than $1,000,000 each occurrence for bodily injury, products liability, contractual liability, and property damage.

Policies shall be issued by an insurance company authorized to do business in the State of Arkansas and shall provide that policy may not be canceled except upon thirty- (30) days prior written notice to the University of Arkansas.

Vendor Response Required:

1.2.1.3 Examination of Records

The Contractor agrees that the University or any of its duly authorized representatives shall at any time during the term of this contract have access to, and the right to audit and examine, any pertinent records of Contractor related to this Contract.

Vendor Response Required:

1.2.1.4 Permits & Licenses

The Contractor will obtain and maintain, at its expense, and in its name, all necessary licenses and permits required to perform the services described herein.

Vendor Response Required:

1.2.1.5 Quality of Services

It is the intention of the University that this service is of the highest quality attainable.  The Contractor shall consistently maintain a superior record of conformance with all state and local regulations.

Vendor Response Required:

1.2.1.6 Code Compliance

Contractor will abide by all State and Federal laws, safety and fire codes, regulations and other ordinances pertaining to the Contractor’s operations at the University.

Vendor Response Required:

1.2.1.7 Taxes

The Contractor will be responsible for collection and payment of all required taxes (local, state, federal) relating to its agreement with the University.

Vendor Response Required:

2 PROPOSAL FORMAT

2.1 Proposal Format and Content

1.  Describe your unique qualifications and experience.
2.  Explain how you will address the Scope of Work.  Include a description or walk-through (with screen shots and narrative) of the proctoring process from the perspective of the student, faculty,

and university administrative support. This description must include standard and emergency support services with hours and contact information for all users.
3.  Explain how you will ensure security and safeguarding of information in accordance with all
federal and state laws, including but not limited to, the Family Education Rights and Privacy Act of
1974, 20 U.S.C § 1232g; the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510 et seq.; the Arkansas Freedom of Information Act, Ark. Code Ann. §§ 25-19-101 et seq.; and state and federal computer fraud statutes, 18 U.S.C. § 1030 and Ark. Code. Ann. §§ 5-41-101 et seq. Illegal reproduction of software and other intellectual property by U.S. copyright laws and by licensing agreements may result in civil and criminal sanctions.
4.  Provide a project schedule showing allocation of effort and estimated completion date. The online proctoring solution must be ready for use by August 16, 2013 in advance of the beginning of the Fall Semester.  Readiness includes technology and system installation, system testing, through live exam and authentication completion with test group identified by the University,  as well as training for faculty and staff and resource support for users.
5.  Describe current and projected workload and work capacity.
6.  Provide a summary of all project costs with not-to-exceed budgets for reimbursable expenses such as travel, communications, supplies, etc.
7.  Provide references directly relevant to the scope of this project.

Vendor Response Required:

2.2 Organization

Bidder is to describe the organizational line of authority for management personnel from the local to the highest corporate level.

Vendor Response Required:

2.3 Support Staff & Personnel

The Contractor shall provide all personnel, labor and administrative and financial support as needed to meet the requirements of the services requested herein.  Bidder is to describe the support staff available to students and the institution, their qualifications, geographic location, and types of support to be provided and under what conditions. The geographic locations of proctors must be provided.

Vendor Response Required:

2.4  References

A minimum of three (3) references must be provided, including the organization’s name, address, a contact person, telephone number, and email address. References should be from public universities of similar size or larger for which the Bidder has implemented similar solutions, which can attest to
the qualifications and performance relevant to the services requested.

Vendor Response Required:

3 PROPOSAL EVALUATION

3.1 For those proposals deemed responsive as determined by the University, evaluation will be based on, but not limited to, the following criteria:

1.  The Vendor’s capacity for and successful experience with the administration of similar projects, with customer references.
2.  Responses to the RFP, including the articulation of various services offered and their respective costs.
3.  The qualification and experience of individuals to be assigned to the project.
4.  The cost to the University of Arkansas.
5.  The availability of the Bidder to assist the University of Arkansas, Fayetteville, School of
Continuing Education and Academic Outreach.

Vendor Response Required:

3.2 Evaluation Criteria

In general, all proposals will be evaluated as to their ability to provide the desired services and financial objectives of the University. Specifically, the University will review all accepted proposals with particular emphasis on the following:

1.  25 Points Max  –Capability of providing the widest possible range of access to online proctoring services with live support to students, faculty, and administration, including individuals with disabilities who may or may not be using assistive technology and who may be located anywhere around the globe. The vendor’s Voluntary Product Accessibility Template (VPAT) will be considered along with standard and emergency support services and hours of operation.  Minimum and recommended hardware, software, and network connectivity
required for use of this service by students and the institution  will be taken into consideration.
2.  25 Points Max – Process for verifying student identity prior to and during the exam to include appropriate measures for including security and safeguarding of information.
3.  20 Points Max – Customization of the overall solution to meet the needs of the University, including, but not limited to, integration with Blackboard Learn Version 9.1, service pack 12; proctoring center portal carrying the University’s brand consistent with University guidelines; and customized invoices and reports.
4.  20 Points Max – Costs for the online proctoring solution and discounts available based on volume of courses, students, and/or exams, noting if application cost must include one-time licensing and/or implementation costs and annual maintenance costs.
5.  5 Points Max – Additional/optional/extended services addressed in the proposal that would assist the University of Arkansas SCEAO in enhancing online service while maintaining compliance with federal and state regulations.
6.  5 Points Max – File Format

Total highest points available 100 points.

Respondents will be ranked and the highest ranked bidder(s) will be awarded the Online Proctoring
Solutions Contract.

Vendor Response Required:

3.3 REFERENCES

Bidders shall submit references from at least three recent projects from public universities of similar size or larger for which Bidder has implemented Online Proctoring Solutions similar to the services requested.

1.	Company Name  	

Address  	

Company Phone Number  	

Contact Person 	

Contact Phone Number  	

Contact Email Address   	

2.	Company Name 	

Address  	

Company Phone Number  	

Contact Person 	

Contact Phone Number  	

Contact Email Address   	

3.	Company Name 	

Address  	

Company Phone Number  	

Contact Person 	

Contact Phone Number  	

Contact Email Address   	

Vendor Response Required:
Equal Opportunity Policy Disclaimer

ATTENTION BIDDERS

Act 2157 of 2005 of the Arkansas Regular Legislative Session requires that any business or person bidding, who is responding to a formal bid request, Request for Proposal or Qualification, or negotiating a contract with the state for professional or consultant services, submit their most current equal opportunity policy (EO Policy).

Although bidders are encouraged to have a viable equal opportunity policy, a written response stating the bidder does not have such an EO Policy will be considered that bidder’s response and will be acceptable in complying with the requirement of Act 2157.

Submitting the EO Policy is a one-time requirement.  The University of Arkansas, Fayetteville Procurement Department, will maintain a database of policies or written responses received from all bidders.

Note: This is a mandatory requirement when submitting an offer as described above.

Please complete and return this form with your bid response.

Should you have any questions regarding this requirement, please contact this office by calling (479) 575-2551. Sincerely,
Linda Fast

Linda Fast, CPPO, CPPB, APO Manager of Procurement Services University of Arkansas
Fayetteville, AR

To be completed by business or person submitting response: (check appropriate box)

 	 EO Policy Attached

 	 EO Policy previously submitted to UA Purchasing Department

 	 EO Policy is not available from business or person

Company Name
Or Individual:  	

Title:   	Date:   	

Signature:   	

UNIVERSITY OF ARKANSAS PROCUREMENT DEPARTMENT
1125 W. Maple  ADMIN 321
Fayetteville, AR 72701
Tel: 479-575-2551
Fax: 479-575-4158

Act 157 of 2007 of the Arkansas Regular Legislative Session requires that any contractor, business or individual, having a public contract with a state agency for professional services, technical and general services, or any category of construction, in which the total dollar value of the contract is $25,000 or greater must certify,  prior to the award of the contract, that they do not employ or contract with any illegal immigrants.

For purposes of this requirement, “Illegal immigrants” means any person not a citizen of the United States who has:

(A)	Entered the United States in violation of the Federal Immigration and Naturalization Act or regulations issued the act;
(B)	Legally entered but without the right to be employed in the United States; or
(C)	Legally entered subject to a time limit but has remained illegally after expiration of the time limit.

This is a mandatory requirement. Failure to certify will result in our inability to issue a Purchase Order or Contract to you or your company.

Bidders shall certify online at  http://www.arkansas.gov/dfa/procurement/pro_immigrant.html
Click on: “Procurement” on left-side information bar
Click on: Illegal Immigrant Reporting
Click on: “Vendor” Illegal Immigrant Contracting Disclosure Reporting Screen
Click on: “Vendor Submit Disclosure Form” to complete all fields required for the certification – then indicate below and sign this form to submit with your bid. ***NOTE*** Bid Number field is applicable if known.
REQUIRED: Print Screenshot and include with your proposal and/or contract.

If you have any questions, please call the UA Procurement Department at 479-575-2551.

Thank you.
Linda K. Fast
Linda K. Fast, CPPO, CPPB, APO
Manager of Procurement Services
University of Arkansas

**********************************************************************************************
TO BE COMPLETED BY BUSINESS OR PERSON SUBMITTING BID RESPONSE OR CONTRACT:

Please check the appropriate statement below:

We certified that we are not an illegal immigrant
or do not employ or contract with any illegal immigrants.

Date of certification:   	

We cannot so certify at this time, and we understand that
a contract cannot be awarded until we have done so.

Reason for non-certification:   	

Name of Company:

Signature:

Name & Title: Date:

(Printed or typed)

•

CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM
 Failure to complete all of the following information may result in a delay in obtaining a contract, lease. purchase agreement. or grant award with any Arkansas State Agency. 	

SUBCONTRACTOR:
D Yes ONo

TAXPAYER 10 NAME:

SUBCONTRACTOR NAME:

IS THIS FOR
0 Goods? 	D Services?D Both?

YOUR  LAST NAME: 	FIRST NAME: 	M.l.: ADDRESS:
CITY:	STATE:	ZIP CODE:	COUNTRY;
AS A CONDITION OF OBTAINING, EXTENDING, AMENDING, OR RENEWING A CONTRACT, LEASE, PURCHASE  AGREEMENT, OR GRANT AWARD WITH ANY ARKANSAS STATE AGENCY, THE FOLLOWING INFORMATION MUST BE DISCLOSED:
II 	F 0 R 	I N  D  I v I D  u A  L  s * 	II
Indicate below if: you, your spouse or the brother,sister, parent, or child of you or your spouse is a current or former: member of the GeneralAssembly,ConstitutionalOfficer, State Board or Commission

Position Held	
Mark  (.J)	Name of Position of Job Held
[senator.representative.name of board/ commission. data entry.etc.)	
For How Long?	Vvhat is the person(s) name and how are they related to you? (i.e., Jane a. Public, spouse.John a. Public,Jr., child, etc.]	
	Current	Fonner		
MM!YY	MM/YY	Person's Name(s)	Relation	
GeneralAssembly	0	0		I
!			
Constitutional Officer	0	0		I			
State  Board or Commission
Member	0	0		I
i			
State Employee	0	0		I			

Member, or State Employee:

From   I	To

  0  None of the above a    lies

FOR	A 	VENDOR	(BUSINESS)*

Position Held	Mark (.J)	Name of Position of Job Held
{senator,representative, name of board/commission.data entry,etc.]	For How Long?	Vvhat is the person(s) name and \lrtlat is his/her % of ownership interest and/or	
	
urrent	
Former		From      I
MM/YY	
Person's Name(s)	Ownership 	Position of
Interest (%) 	Control	
GeneralAssembly	0	0		i			
Constitutional Officer	0	0		i			
State Board or Commission
Member	0	0		i			
State  Employee	0	0		I I i			

Indicate below if any of the following persons, current or former.hold any position of controlor hold any ownership interest of 10% or greater in the entity: member of the General Assembly. Constitutional Officer. State Board or Commission Member, State Employee. or the spouse.brother.sister, parent. or child of a member of the GeneralAssembly, ConstitutionalOfficer. State Board or Commission Member, or State Employee.  Position of controlmeans the power to direct the purchasing policies or influence the management of the entity.

what is his/her position of control?
To
MMIYY

0 None  of the above apphes

Rev. 08/20/07

Contract and Grant Disclosure and Certification Form

Failure to make anv disclosure required  hv Governor's Executive Order 98-04, or any violation o(any rule, regulation, or policy adopted  pursuant to that Order, shall be a material breach  o{the terms ofthis contract.   Any  contractor, whether  an individual or entity, who (ails to make the  required disclosure  or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency.

As an additional condition of obtaining, extending, amending,or renewing a contract with a state agency  I agree as follows:

1.   Prior to entering into any agreement with any subcontractor, prior or subsequent to the contract date, I will require the subcontractor to complete a CONTRACT  AND GRANT DISCLOSURE  AND CERTIFICATION FORM.   Subcontractor  shall mean any person or entity with whom I enter an agreement whereby I assign or otherwise delegate to the person or entity, for consideration, all, or any part, of the performance required of me under the terms of my contract with the state agency.

2.   I will include the following language  as a part of any agreement with a subcontractor:

Failure  to  make  any  disclosure  required  by Governor's  Executive  Order  98-04,  or  any  violation  of  any  rule, regulation, or  policy  adopted pursuant to that Order, shall be a material breach  of the terms of this subcontract.   The party who fails to make the required  disclosure  or who violates any rule, regulation, or policy shall be subject to all legal remedies  available to the contractor.

3.   No later than ten (10) days after entering into any agreement with a subcontractor, whether prior or subsequent to the contract date, I will mail a copy of the CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM  completed  by the subcontractor and a statement  containing the dollar amount of the subcontract  to the state agency.
	
I certify under penalty of  perjurv. to the best of my  knowledge and  belief, all of the  above information is true and  correct and that I agree to the subcontractor disclosure conditions stated herein.

Signature 	 		 		Title_ 	 Date 		_ Vendor Contact Person 			 Title 	Phone No. 	_		
	
Agency use only
Agency 	Agency 	Agency 	Contact	Contract
Number 	Name  	_  Contact Person  	 	Phone No. 	or Grant No. 	_		

Rev. 08/20/07

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