Request for Proposal Residential and Hospitality Services Strategic Planning 2018

RFP#REQ409015

University Contact:

For questions relating to this Request for Proposal: Matt Gosselin

Sr. Purchasing Agent gossel14@msu.edu

Date Issued: December 14, 2017

Date Intent to propose, or not, due: January 4, 2018

Date Proposals Due: January 25, 2018 2:00pm EST

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Michigan State University (MSU) is requesting proposals for Residential and Hospitality Services Strategic Planning 2018

All proposals are to be submitted as: A) 1 original and 5 hard copies to MSU Purchasing, 166 Service Road, East Lansing, MI 48824 ATTN: Matt Gosselin, and B) By email to gossel14@msu.edu. Both must be received no later than the Date Proposals Due on page 1 of this RFP. All respondent qualifications and requirements must be addressed in detail in your submittal. Any questions pertaining to this request are to be submitted in writing via email to Matt Gosselin at gossel14@msu.edu. Questions will be responded to in writing and emailed to all participating suppliers. Michigan State University, after a first review of the proposal submittals, may require that select firms attend a meeting with representatives of the University to discuss their submittals in greater detail. Late submittals will not be considered. Supplier responses are to address all elements of the Respondent Qualifications, Requirements and Pricing components of this request. Failure to fully respond may result in disqualification of the bidder’s response. Michigan State University reserves the right to accept or reject any proposal or response for any reason and in the best interest of the University.

Michigan State University is seeking proposals for consultation services for the Division of

Residential and Hospitality Services (RHS) related to updating their 2013 Strategic Plan which

included the evaluation of current housing, food services, auxiliary services, existing and

forecasted market conditions and a comprehensive strategy for improvements. This will be the

third Strategic Plan update for the Division in the last 10 years. The planning process will need to

be as important as the final report, and need to be inclusive and adhere to RHS values of

Purpose, Practice and People.

It is expected that the successful consultant will make recommendations that will advance the

Division to 2026 and beyond. It should include reviewing current capital plan, financial viability,

scheduling and Strategic Initiatives. The work will be divided into three (3) phases, Phase I is

considered the Visioning work which includes facilitating the strategic planning process with

senior management, key staff and stakeholders. Phase II involves performing the necessary

analytical work to support the strategic planning effort in core areas leading to increased

efficiency, improved net income and the meeting customer demands. Phase III is the Integration

and Implementation phase for the developed strategic plan.

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All respondent qualifications and requirements must be addressed in detail in your submittal.

Any questions pertaining to this request are to be submitted in writing by January 4, 2018 via

email to Matthew Gosselin at gossel14@msu.edu . All questions will be responded to in writing

and emailed to all participating suppliers no later than, January 11, 2018. Michigan State

University, after a first review of the proposal submittals, may require that select firms attend a

meeting with representatives of the University to discuss their submittals in greater detail.

The university anticipates conducting a thorough due diligence process, and is fast-tracking the

RFP Process such that the deliverables are completed for Phase I on May 17, 2018, Phase II on

October 11, 2018, and Phase III on January 7, 2019. Upon award of the contract, the selected

supplier is expected to work with the RHS project manager to formalize the sequence of

activities, timelines, milestones and list of deliverables for presentation to RHS management for

approval within ten working days of the award of the contract.

Note: the use of architects and consultants familiar with Michigan State University and local

markets may be appropriate. To the extent necessary, RHS will assist in the identification of

local vendors upon completion of consultant selection. RHS will provide previous studies.

BACKGROUND INFORMATION

About Michigan State University Michigan State University is the nation’s pioneer land-grant university, it is one of the top

research universities in the world. Home to nationally ranked and recognized academic,

residential college and service learning programs. MSU is a diverse community of dedicated

students and scholars, athletes and artists, scientists and leaders.

The university is a member of the Association of Public and Land-grant Universities,

Association of American Universities, American Council on Education, American Council of

Learned Societies, Association of Graduate Schools, Council of Graduate Schools, Committee

on Institutional Cooperation, and International Association of Universities.

Michigan State University has been advancing the common good with uncommon will for more

than 160 years, pushing the boundaries of discovery and forging enduring partnerships to solve

the most pressing global challenges. With innovative academic programs, research, and outreach,

MSU is recognized internationally as a top research university and a leader in international

engagement.

University-wide distinctions

MSU is a member of the prestigious Association of American Universities, a group of

only 60 U.S. and two Canadian universities widely regarded as among the top research-

intensive institutions in North America.

MSU is one of the top 80 universities in the world, according to the Times Higher

Education World Reputation Rankings 2017.

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Times Higher Education ranks MSU No. 83 in its World University Rankings 2018, an

18-place improvement over 2016. The ranking puts Michigan State in the top 8 percent of

1,102 universities assessed around the world.

MSU ranks in the top 8 percent of universities in the United States, according to the

latest annual assessment from the Wall Street Journal and Times Higher Education’s

Higher Education College Ranking 2018. MSU came in at #80 out of 1,054 institutions.

Michigan State ranks 78th in the U.S. News & World Report "Best Global

Universities" rankings, which analyzes 1,000 universities. Among U.S. universities,

MSU ranks 45, up one spot from last year.

Michigan State is among the top 100 universities in the world, according to a new set

of rankings from U.S. News & World Report. According to the rankings, which list the

top 500 universities in the world, MSU is tied for 75 with the Netherlands’ Leiden

University.

MSU is among a group of 53 universities Times Higher Education calls “international

powerhouses”—institutions with exceptional research output that have the best chance

of catching up with or overtaking the world’s best universities.

MSU is No. 63 among the world’s most influential universities and No. 5 in the Big

Ten, according to a Wikipedia-mining algorithm highlighted in the MIT Technology

Review.

MSU ranks seventh in the nation for study abroad participation, with 2,668 students

participating in education abroad programming in 2014-15, according to the Institute of

International Education’s 2016 Open Doors Report. MSU ranks No. 11 in the country—

and first in the state of Michigan—for international student enrollment. In 2015-16,

MSU hosted 8,256 international students on campus.

In the 2016 Wall Street Journal/Times Higher Education College Rankings, MSU is

among the highest-ranked schools in terms of engagement, tying for the No. 6 spot.

Engagement is a measure of how connected students are with their school, each other and

the outside world, and how challenging their courses are, among other things.

Money Magazine ranks Michigan State No. 30 in its 2017 list of "711 Best Colleges for

Your Money," which takes into account quality of education, affordability, and

outcomes. This puts MSU in the top 1.5 percent of the 2,400 colleges considered for the

ranking.

MSU's increasingly good value is reflected in Kiplinger’s 2017 edition of Best College

Values, which ranks MSU 38 among public universities for in-state students—a

ranking that has improved from 85 in 2007. Kiplinger bases its rankings entirely on

measureable criteria such as student–faculty ratio, admission rate, graduation rate, cost,

and financial aid.

MSU is No. 38 among 303 U.S. universities ranked in Washington Monthly’s 2017

College Guide and Rankings. Ratings are based on a school’s contribution to the public

good in three broad categories: social mobility, research, and service.

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MSU is among the top 100 in Forbes' list of America's best employers for 2017. MSU

ranks 94th of 500 companies who employ 5,000 or more.

MSU's study abroad and service-learning programs are recognized as "programs to

look for" in U.S. News & World Report's 2015 edition of America's Best Colleges.

Michigan State ranked No. 10 among large schools on the Peace Corps’ 2017 Top

Volunteer-Producing Colleges and Universities list, up from No. 22 last year. There

are 48 Spartans currently volunteering worldwide. Since the Peace Corps’ founding in

1961, 2,387 MSU alumni have traveled abroad to serve as volunteers.

U.S. News & World Report ranks MSU No. 27 on its list of the “100 Best Global

Universities for Environment/Ecology,” a directory that identifies “the world’s best

universities for the field of environment and ecology, based on their reputation and

research.”

MSU’s Beal Botanical Garden and Hidden Lake Gardens are among the “50 Most

Amazing University Botanical Gardens and Arboretums in the U.S.” according to

Best Colleges Online. MSU is the only school on the list to have two gardens featured.

The U.S. Department of Energy has selected MSU to design and establish the Facility

for Rare Isotope Beams, also known as FRIB, a $730 million facility that will

advance understanding of rare nuclear isotopes and the evolution of the cosmos as it

provides research opportunities for scientists and students from around the globe. A

world leader in rare isotope research, Michigan State has been committed to advancing

accelerator-based sciences for more than 50 years.

MSU is the only university in the country with on-campus medical schools

graduating allopathic (MD) and osteopathic (DO) physicians, as well as

veterinarians. As the university extends the College of Human Medicine and the College

of Osteopathic Medicine to new areas of the state, MSU will be among the largest

universities in the United States in terms of the number of medical school graduates.

RHS Strategic Planning Background- “Cultivating a New Spartan Experience for All”

RHS 2026 will be the third Strategic Plan update for the Division in the last 10 years under Vice

President Vennie Gore. In October 2008, the Division of Housing and Food Services embarked

on a journey to its rich history and prepare for challenges of a new millennium for a diverse set

of buildings and units. By renaming itself Residential and Hospitality Services, the Division

signaled a culture of change, breaking down silos and creating opportunities for the future.

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The RHS Strategic Plan of 2008 evaluated a mountain of data and developed both a 10-year plan

and supporting document that projected to 2031. Much work had been accomplished in the first

five years. Many of the milestones put in place had been accomplished. These include realigned

Division into cohesive functional areas; playing an integral role in establishing Neighborhoods at

MSU; developed and opening five Neighborhood Engagement Centers, consolidated Campus

Living Services and the Department of Residence Life to Residence Education and Housing

Services, created neighborhood dining centers with a focus on culinary excellence. MSU has an

overarching commitment to student success through retention, persistence and academic success.

In 2012, the five-year mark, RHS continued the conversation ignited in 2008 with a noticeable

difference. During the second strategic plan, it was realized that the process is more important

than the plan. The atmosphere had changed and was evidenced by the excitement of all the

division accomplishments and what was left to achieve.

Today there is a shared vision for helping ensure student academic success, academic persistence

and retention. The planning process began last March with a one-day RHS 2026 workshop with

the top 125 leaders in the Division. This event brought in experts from across the country

outlining the possible future in higher education, hospitality and technology. The key challenge

moving forward for the Division is “What will the Spartan Experience look like in 2026?” How

will technology play a factor in the development of this new experience? A white paper outlining

the event and the results are in the appendix for your review.

The strategic plan will have the following components: overarching principles that align with the

University’s strategic position, program goals and outcomes for the Division, market analysis of

the various business units, financial analysis and a facilities plan with corresponding operating

analysis.

We expect our process to be open and collaborative. We are seeking a team that not only

provides strong analytical skills but also are able to engage the university community in dialogue

about the important issues and concerns to ensure that we develop the best plan possible. The

team must also be able to use technology in the process.

Residential and Hospitality Services (RHS)

RHS is a diverse and complex organization that serves the University communities in many

ways. We support the undergraduate and graduate student experience in our residential

communities and student union programming. Our facilities serve as venues for continual

learning for faculty, staff and guests of the University. As a large employer, we have an

economic impact on the local community.

RHS is a part of Auxiliary Enterprises, and includes a residence hall system with a capacity for

17,500 students; apartment housing for 1,500 students, faculty, and staff; and a culinary services

program serving more than 50,000 meals daily. The Division includes board dining, catering,

retail food services, facility management, lodging, University licensing oversight, student,

faculty and staff housing, entertainment and sports venues.

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Auxiliary Enterprises also encompasses the following departments along with the offices of

Human Resources, Communications, Assessment, Strategic Initiatives, Planning and Projects

Office, Information Services and the Vice President for Auxiliary Enterprises Vennie Gore,

Chief Lean Performance Officer and the Chief Financial Officer.

Historically, the roots of the Division stem from the founding of the University, when one of the

first buildings constructed on campus was a dormitory known as Saints’ Rest. The modern

Division was organized in 1946 when the MSU Union, Married Housing, six residence halls and

the Food Stores operation were combined under one general manager.

It is the commitment to education that forms the foundation of RHS and students are required to

live on campus for their freshman year with a sophomore waiver unless other circumstances are

met including residing at home within 50 miles, age, and veteran/marital status. The MSU Board

of Trustees adopted the student housing policy that states, in part;

“Michigan State University, in its housing system, seeks to provide an educational

environment which is maximally conducive to the learning process of students. The

University has requirements for on-campus residence to promote an optimal learning

environment for students.”

Each area of the Division provides opportunities for students to supplement their income and

their academic curricula. Leadership and opportunities for advancement are encouraged.

Students work in a variety of professions including computer programming, material and

logistics, web development, supervision, management, business, public relations, security,

accounting and hospitality services, to name a few.

The Spartan Experience is well-defined for incoming freshman, establishing a strong foundation

and intentional connection between the student and the University. Residential zones have been

developed into “neighborhoods”, which support student community and student development.

The neighborhood concept creates a sense of place and belonging at a reasonable student scale.

The Division of Residential and Hospitality Services operates and maintains a diverse portfolio

of facilities occupying more than 8 million square feet in more than 166 buildings. This

represents 30 percent of the 556 buildings on campus and 26 percent of the more than 22 million

square feet of space on campus.

Culinary Services

As one of the largest self-operated award-winning university food service systems in the nation,

Culinary Services strives to nourish, inspire and enrich the Michigan State University

community through culinary excellence in campus dining halls, Sparty’s convenience shops,

numerous retail locations, an award-winning food truck, MSU Concessions, MSU Bakers and

more.

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Residence Education and Housing Services

Residence Education and Housing Services (REHS) focuses on a variety of areas that impact

students’ overall on-campus living experience. REHS manages 27 residence halls and three

apartment communities and focuses on student engagement and development, intercultural

learning and inclusion, safety and security of residents, and sustainable practices. REHS also

provides leadership to the MSU Union, the university tour program and university conference

services.

Spartan Hospitality Group

Spartan Hospitality Group (SHG) creates lasting memories for Michigan State University guests

who visit campus to dine, learn, shop and play. SHG is committed to provide the ultimate in

guest services and satisfaction while creating loyal customers for the Division of Residential and

Hospitality Services.

Units include: Breslin Student Events Center, Kellogg Center Catering, Conference Services and

Sales, Kellogg Hotel and Conference Center, Cowles House, MSU Tennis Center, Forest Akers

Golf Courses, University Conference Services, Spartan Spirit Shop, MSU Licensing and the

Alumni Memorial Chapel.

Information Services

Information Services (IS) provides technical support, training, project management, customized

software, project management, business intelligence and marketing services to the Division of

Residential and Hospitality Services. IS ensures RHS units are able to execute daily business by

managing major computer programs and divisional servers, software licenses, RHS email and

more.

Planning and Projects Offices

The Planning and Projects Office (PPO) provides services to RHS. The team is experienced with

ADA, LEED, health and fire codes, and ergonomic guidelines. PPO has comprehensive

experience in space planning, project management and contractor relations.

RESIDENTIAL AND HOSPITILITY SERVICES - Mission and Vision

As an integral component of a world-class research university, Residential and Hospitality

Services is woven throughout the very fabric of the MSU community.

We are built on a foundation of integrity, service and effectiveness. We believe in creating and

delivering unequalled experiences, products and services to the students and many guests of

Michigan State University.

.

We believe in a culture of learning and collaboration that empowers staff to achieve collectively

far more than is possible for any one individual.

Our Values

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Our vision and mission will be realized by adhering to the following values:

Purpose

Commitment to Student and Guest Experience: We exist simply to exceed their expectations.

Quality Throughout: In everything we do -- from beginning to end -- we will be passionate

about delivering an outstanding customer experience.

Social Responsibility: We will care today about those things that will define this world's future.

Practice

Strategic Thinking: As individuals and as teams, we will pursue excellence in strategic thought.

A Mindset of Innovation: We will be an organization that appreciates and learns from the past,

while keeping our focus on the future.

Fiscal Responsibility: Smart decisions for future success, based on quality information, will

guide the actions of our entire organization.

People

Spirit of Partnership: Within our division and in the university community, we commit to a

spirit of collaboration.

Teamwork and Inclusion: We will succeed individually only when we are passionate about

prospering as a team.

Staff Development: We will be an organization dedicated to continuous learning and the

development of staff. We will provide and support quality-learning opportunities and encourage

all staff to take advantage of them.

Effective Communication: We will strive for organizational clarity through honest, open,

accurate and timely two-way communication.

Division of Residential and Hospitality Services and University Alignment

RHS seeks to develop a comprehensive strategic plan that will serve as a framework for our

Division and lead it to 2026. It is our intention to develop a strategic plan that aligns with

Michigan State University’s strategic position: Bolder by Design. The strategic imperatives are

the following:

Strategic Imperative 1: Enhancing the student experience by continually improving the quality

of academic programs and the value of an MSU degree for undergraduate and graduate students

Strategic Imperative 2: Enrich community, economic and family life through research, outreach,

engagement, entrepreneurship, innovation and diversity.

Strategic Imperative 3: Expand international reach through academic, research and economic

development initiatives and global, national, and local strategic alliances.

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Strategic Imperative 4: Increase research opportunity by expanding funding to support high-

impact scholarship and research.

Strategic Imperative 5: Strengthen stewardship by appreciating and nurturing the university’s

financial assets, campus infrastructure and people, for optimal effectiveness today and tomorrow.

Strategic Imperative 6: Advance our culture of high performance by elevating the quality and

effectiveness of every product and process.

ASSUMPTIONS Ultimately, the strategic plan should result in:

Supporting the University Neighborhood Model and Student Success collaborative

Maintaining a residential campus, with a commitment to maintaining a residential

campus for undergraduates specifically freshmen and sophomores

RHS is seeking to advance knowledge and transform lives through intentional

measures and programs to ensure maximum alignment of academic and student

services

Diversity and inclusion throughout the Division

Increasing academic student success, retention and persistence

Alignment of diverse business operations into a unified Division

Solidified and affirmative support of the University’s mission

Enhanced programming and learning space

Self-supporting and efficient operations that will sustain the Division’s fiscal stability

while providing an acceptable rate structure

Identification of supporting technology/automation processes

Identification of resources and implementation plans

Technology should be a part of plan and strategic planning process

STRATEGIC GOALS

Identified in 2008, the first four goals were presented to the MSU Board of Trustees. In 2012, the

fifth goal provided additional focus. Strategic initiatives used these goals to move the

organization from the Division of Housing and Food to the Division of Residential and

Hospitality Services. During this next phase of the planning process it will be important to revisit

these goals and determine if they are applicable today.

1. Define and enhance the student experience by promoting learning and development

through interaction.

2. Create vibrancy and renewal that compels higher levels of satisfaction and achievement.

3. Celebrate student life by providing diverse spaces for globally minded, 24/7 student that

is uniquely MSU.

4. Initiate a transformative world-class model of residential experience with accessibility,

sustainability and stewardship principles.

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5. Maintain fiscal responsibility to provide long-term financial viability and sustainability.

Respondent Qualifications

Bidders are to provide the following information as part of their proposal. If sufficient space has

not been provided, the bidder may provide the information in the form of an attachment clearly

identifying each qualification.

1. Provide the company name, address, telephone number, fax number, website address,

email address and point of contact for your company.

2. Corporate information. Provide the name of the company owner and/or principals, and

the name of the individual who is authorized to contract on behalf of the company.

3. Provide your company’s tax identification number.

4. Identify and provide biographical information for the individuals who will be performing

the work.

5. Provide a brief description of your company. Including size, areas of specialization and

expertise, client base, and any other pertinent information to provide evaluators with an

overview of the strengths of the organization. Provide details of experience, expertise and/or

other relevant information in regards to Vendor’s qualifications with similar organizational

reviews of University Housing.

6. Provide a complete listing of the experiences and capabilities of your firm, including a

demonstrated history of successfully providing similar services to institutions of higher

education.

7. Identify any subcontractors who are included in your proposal. As part of your response,

clearly state the relationship between your company, the subcontractor’s area of expertise,

and provide biographical information on all subcontractors and their employees who may be

performing work under a resultant contract.

8. Identify your ability to initiate the work on the anticipated January 29, 2018 start date and

to effectively drive the work such that the targeted dates for Phases II and Phase III are met.

As part of your response, identify potential barriers that may prevent meeting targeted dates.

9. Provide a timeline for all phases of work, complete with milestones.

10. Provide a minimum of six (6) references, in the higher education arena, for which your

company has successfully provided similar services. Of the six (6) references provided, three

(3) must include clients in the areas of Housing, Food Services and Auxiliary Services.

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Reference information must include the following: contact name, company name, address,

telephone number, fax number, and email address, and the date the service were supplied.

11. Provide financial reports for your company for the last fiscal year.

Requirements

Bidders are to respond to each requirement identified below, under the Scope of Work,

indicating their company’s ability to comply as well as providing the required information.

SCOPE OF WORK:

The scope of work will involve three phases and each phase should be recognized in the

vendor’s proposal with specific strategies and deliverables in each of three key areas: housing,

dining and hospitality/entertainment. The target deadlines as identified under Respondent

Qualifications are re-iterated here, under requirements. The University reserves the right to

extend or reduce the scope of services based on perceived value to RHS and information

obtained during the project and/or project recommendations. Extension of scope may include

but is not limited to additional operational reviews of other RHS departments and work

groups, developing or programming recommended technology solutions, and other activities

related to the intent of the project.

PHASE I –VISIONING: Lead the facilitation of the strategic planning process with senior

management, key staff and stakeholders and facilitate a comprehensive visioning process review

the white paper that assists in the foundation of RHS for the next 10-15 years.

EXPECTED DELIVERABLES-PHASE 1:

On-campus kickoff meetings and focus groups

Review RHS Strategic Planning White Paper and directions of Division

Explore the digital nervous system for the Division

Identify possible technology that would assist the future Spartan Experience

Review RHS five year planning process and identify strengths and gaps in the plan

Review the Division LRAP and identify any issues

Review Divisional Diversity Report and plan

Identify key milestone dates for Phases I, II and III.

Review and identify Strategic Goals

Review the MSU Mobility Study

Alignment with Bolder by Design

1. Supplier is expected to lead the facilitation of the strategic planning process with senior

management, key staff and stakeholders and facilitate a comprehensive visioning process

that will help develop initiatives for the next 10 years.

2. As part of the work for Phase I, it is expected that there will be a certain amount of work

that will be performed on-site at MSU, work that will be done via telephone conference,

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etc. Based upon your firm’s expertise, provide a breakdown of the anticipated number of

meetings that will be required to complete Phase I as it has been described.

3. Provide a breakdown of the consultants your firm will have assigned to this work.

Include the roles they will have in performing the work; identify the individual who act

as the lead consultant for the visioning phase.

4. Provide a general timeline for the visioning process, complete with milestone dates and

an estimate of consultant hours required to complete Phase I and to provide the identified

deliverables.

PHASE II-ANALYSIS: Conduct demographic trends analysis and market research in the

three core areas of Housing, Dining and Hospitality/Entertainment including: student

housing, dining, retail food service operations, lodging, conference services and other

auxiliary services in order to strategically plan for future configurations with emphasis on

increasing efficiency, improving net income and meeting customer demands.

EXPECTED DELIVERABLES-PHASE II:

Update Housing market analysis (Anderson Strickler 2017), which will provide

private sector growth projections in student housing and potential impact.

Update market research for housing, dining and Spartan Hospitality Group.

Benchmark academic trends and best practices as they relate to academic trends in

higher education.

Identify specific efficiencies, customer enhancements, and improved net income that

can be gained through each recommendation.

Revisit themes from the two previous plans

Develop a conceptual cost estimate for each new program element proposed and

combine with audit estimate for a total estimate in each building/business unit.

Review and recommend strategic initiatives as related to Spartan Hospitality Group

units including, sports and service venues, conference services and lodging.

Update a demand model, which optimizes the number of beds/programming space

and types of services including number and type of dining/ retail food service

locations and Hospitality services required for the next 10-15 years.

Pro-forma for business each unit. (This pro-forma to be refined and included in Phase

III financial plan).

1. Supplier is expected to provide, as part of the work, the development of a student housing

demand model. The model should include at least five scenarios based on the market,

demographic trends and retention rates. The critical question for MSU is how will RHS

find the optimal balance of system size (space utilization and capacity), while prioritizing

improvements/renewal to offer desirable options (competitive advantage) for students in

a highly competitive environment, all while remaining fiscally stable and responsible for

the long term?

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2. Identify how your firm would work with MSU in a) developing student housing, dining

and auxiliaries model, b) in addressing the identified critical question. Provide as part of

your response, creative and successful case studies on how your firm has worked with

other clients to address similar issues.

3. Analyze and synthesize data to develop design and program requirements that include a

more contemporary interior aesthetic and future program elements for our potential

customers. Describe the data collection and analysis methods your consultants typically

use in developing the required design and program requirements.

4. Based on the deliverables identified for this phase, provide a basic listing of the research,

data collection, and analysis that will be performed to complete the work and provide the

deliverables.

5. Identify, in bullet form, the information your consultants will require MSU to provide in

order to complete the work.

6. Provide a listing of the MSU staff members your consultants will require access to as you

proceed with Phase II work; include the approximate number of hours you will require of

each involved staff member.

7. Provide a general timeline for Phase II that identifies key milestones. As part of this,

identify barriers that may arise that could result in delays.

PHASE III-INTEGRATION AND IMPLMENTATION

Phase III will bring together the visioning and analysis elements into a program document

that will detail the strategies for implementation, tactics and applicable metrics.

EXPECTED DELIVERABLES – PHASE III:

Financial plan for RHS that includes review of demand models, pro-formas,

supportable debt and debt capacity, renovation and new construction costs and return

on investment.

A well developed program enhancement document that the RHS staff will use to

facilitate a systems model for enhancements and improvements for the Division

including a phasing summary and overview by business unit.

Mapping of the specific tactics and the associated metrics that will be used to track

and measure gaps in performance and progress, including operational effectiveness,

communication, customer service, technology, adaptive learning and development as

well as financial modeling results.

Final report.

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1. Supplier is required to provide a final program document that brings together the

visioning and analysis elements and details the milestones for implementation, tactics and

applicable metrics.

2. As part of the final phase of the work, a program enhancement document is required.

Describe program enhancement models you have worked with and provide a sample

program enhancement document that you have developed for another similar client.

3. The mapping of tactics and metrics for performance measurement is a critical element to

accomplishing the work. Describe the tools and mechanisms your firm utilizes in

identifying key metrics, providing gap analysis, and identification/verification of

operational effectiveness, communication, customer service, adaptive learning, and

financial modeling.

4. Provide a description of the format your firm utilizes to present findings as well as the

format utilized for the final program document.

5. It is MSU’s expectation that prior to submittal of the final program document, there will

be an opportunity for discussion and input to the final program document by key

individuals at MSU.

DATA COLLECTION PROCESS:

MSU recognizes that the data collection process is integral in this plan process. All surveys

conducted and focus groups utilized will work with the RHS Assessment Office.

Identify the survey(s) your company would perform to obtain the necessary information

to provide the strategic guidance necessary for a successful strategic plan.

Identify the focus group demographics and size for focus groups your firm would

conduct as a means for collecting data.

Identify the key points at which your firm would conduct surveys and/or focus groups.

Describe tools your company uses to store, extrapolate and analyze collected data.

Provide a timeline and description of each “study” your firm intends to conduct as part of

the work.

RHS WILL PROVIDE THE FOLLOWING TO THE SELECTED CONSULTANT:

Current and prior year Strategic plans

Organizational charts for Division

RHS Long Range Assessment Plan (LRAP)

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Five year Project Plan

RHS Diversity Review

Business Unit review

IPO Studies

Student surveys for the last three years

Annual financial results for the past two years

Historical average house count

System capacity and room charts

Rate structure for housing, conference, meeting and lodging

Admissions trends

Customer satisfaction benchmarking survey (NACUFS) (EBI)

Master Plans from Information Services, Culinary Services and REHS

ADDITIONAL RESOURCES INCLUDE:

Residential and Hospitality Services Website: www.rhs.msu.edu;

Residence Education and Housing Services Website: www.liveon.msu.edu

Vice President for Auxiliary Enterprises: http://www.auxenterprises.msu.edu/

Culinary Services and Meal Plan information www.eatatstate.com

PROJECT SCHEDULE

December 12, 2017 - RFP Issued

January 4, 2017- Questions on RFP submitted in writing

January 11, 2017- Responses emailed to all participating suppliers

January 25, 2018 - Due date for RFP

Week of February 12, 2018 - Possible interviews

Week of March 12, 2018 -Anticipated start

May 17, 2018 - Completion for Phase I

October 11, 2018 – Completion of Phase II

January 7, 2019 - Final report and completion of Phase III

PROJECT SCOPE

Vision for the Future Spartan Experience

Vision for Housing

Vison for Integrated Dining

Vision for Spartan Hospitality

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FINAL DELIVERABLE

RHS is expected to have three reports at the end of this process. All reports and documents

should be delivered electronically to MSU. RHS will be given all the native files for all

documents. Final deliverable should include: an executive summary, a final written report and a

PowerPoint format version. MSU will be responsible for the printing of all final documents. Data

utilized and collected will be the property of MSU and RHS.

COST PROPOSAL/PRICING

IDENTIFICATION OF SERVICES AND COSTS

Identify all costs associated with providing services to accomplish the objectives of the contract.

Supplier must include:

A complete description of the services to be provided, including a timeline with

milestones.

The name, title, hourly rate and estimated number of hours for each consultant who will

be working on the project and for whom MSU will be billed.

A total not to exceed price for each phase of the project as well as an overall for price for

the entire project.

An estimate of anticipated billable expenses (i.e., travel expenses, etc.).

Note: any fees not clearly stated in the supplier proposal may be rejected by MSU if

invoiced under a contractual relationship

The Supplier is required to submit five (5) copies and one (1) original of their proposal on

or before the due date complete with an electronic version of the submittal document. Proposals must

be received no later than 2:00 p.m. on January 25, 2018. It is the responsibility of the Supplier to make

sure that the proposal is received on time.

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Other Requirements :

1. The Michigan State University General Terms and Conditions of Purchase attached must be signed and returned as accepted, or exceptions noted and returned, with all proposals. If signed and returned as is and accepted, those terms and conditions will be valid and binding on any future agreement entered into as a result of this Request For Proposal.

2. All proposed costs and fees are to be included in full, clearly detailed, explained, identified, and separated into fixed costs, direct, indirect costs, and other costs if any. All costs proposed will additionally be explained on how they were arrived at, i.e., standard hourly/daily/other current rates for services, and those rates listed clearly. All costs proposed will include a “not to exceed” amount.

3. Any and all travel and expenses proposed shall be per, and conform to, the Michigan State University Travel Policy (see www.ctlr.msu.edu/travel for specific information).

4. Supplier responses are to address all elements of the Request for Proposal and it’s requirements. Failure to fully respond may result in disqualification of the response. Failure to submit a response by the due date(s) listed may result in disqualification of the response.

5. Any and all questions related to this Request for Proposal must be submitted only by email, in writing, to the University Contact listed on page 1.

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MICHIGAN STATE UNIVERSITY

GENERAL TERMS AND CONDITIONS OF PURCHASE

1. Terms, Amendment, Choice of Law and Forum. These terms and conditions, terms and conditions on the

face of the applicable Purchase Order, and exhibits attached or incorporated by reference are the entire

agreement between Michigan State University (“University”) and Seller (“Agreement”). University rejects

any different or additional terms suggested before or after this Agreement. Any performance hereunder is an

acceptance of this Agreement. No amendments to this Agreement will be effective unless in writing, signed by

both parties. Seller is deemed to be on notice that University objects to any additional or different terms and

conditions contained in any acknowledgement, invoice, or other communication from Seller, notwithstanding

University’s acceptance or payment for any delivery of goods and/or services, or any similar act by University.

If this Agreement follows a Request for Proposal (“RFP”) or a Request for Quotation (“RFQ”), the following

order of precedence will apply: (a) Agreement, (b) RFP or RFQ, and (c) Seller’s Response to the RFP or RFQ.

Michigan law, without regard for choice of law considerations, will govern this Agreement. The Michigan

Court of Claims or Federal District Court for the Western District of Michigan will hear any action arising out

of this Agreement, and Seller consents to jurisdiction in Michigan. “Seller” includes Seller’s employees,

officers, directors, agents, and sub-contractors. “University” includes University’s employees, officers,

directors, trustees, students, agents, and contractors.

2. Warranty. Seller warrants that all goods and services provided under this Agreement (“Goods and Services”)

(a) are new, unused, and free from defects in material and workmanship and sufficient for the purpose

intended; (b) are performed by individuals with the requisite skill, experience and qualifications necessary; (c)

are the quality and dimensions ordered; (d) comply with representations in Seller’s advertisements,

correspondence, or RFP or RFQ response; (e) conform to the specifications, drawings, samples or other

descriptions furnished or specified by University (f) comply with applicable laws, regulations, ordinances, or

codes; and (g) are not restricted by, or infringe upon, rights of third parties. These warranties shall survive

inspection, acceptance, passage of title and payment by University. Seller represents that it is not debarred or

suspended or listed on the General Services Administration’s List of Parties Excluded from Federal

Procurement or Nonprocurement Programs. Seller will notify University if it is debarred or suspended during

the term of this Agreement. Seller will correct any breach of warranty at Seller’s sole expense. University

does not waive any warranty by acceptance of goods, services or payment, and reserves all rights and

remedies.

3. Inspections. University will have a reasonable time after receipt to inspect Goods and Services and reject any

that are nonconforming or in excess of quantities ordered. University may refuse Goods and Services or

cancel all or any part of this Agreement if Seller fails to deliver all or any part of the Goods or Services in

accordance with this Agreement. University’s failure to inspect Goods and Services will not relieve Seller of

such responsibility. University’s acceptance or payment will not be deemed a waiver of any defect in Goods

or Services.

4. Shipping. Delivery will be FOB Destination/Seller to pay shipping and freight. If delivery is FOB Origin,

Seller will insure shipment for its full value, and prepay freight. In any case, Seller is responsible for packing,

crating, marking, transporting, and loss or damage in transit. Risk of loss will pass to University upon

University’s actual receipt and acceptance of Goods or Services. As applicable, Seller will confirm before

shipment, that all doorways, hallways, elevators, room sizes, service access spaces, and utilities are present

before making any delivery of Goods or Services. This confirmation should be made immediately upon receipt

of order and any discrepancies or impediments to delivery and installation will be called immediately to the

attention of the designated University personnel. Electrical plug size shall be compatible with the existing

outlet at the installation, set-up and calibration.

5. Payment. Unless otherwise specified in the Purchase Order, University shall pay invoices within (30) days (a)

from the date the invoice is received by the University at the address indicated in the “Bill To” field on the face

of the purchase order or (b) from the date of acceptance of the Goods or Services by the University, whichever

is later. Invoices presented for payment must be submitted in accordance with instructions contained on the

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Purchase Order including reference to the Purchase Order number and submittal to the correct address for

processing. The University may withhold payment in whole or in part for Goods or Services found by the

University to be defective, untimely, unsatisfactory, or otherwise non-conforming, or not in accordance with

all applicable federal, state, and local laws, ordinances, rules and regulations.

6. Tax Exempt Status. The University is a tax-exempt institution, granted such status by authorized taxing units

of State of Michigan, and is exempt from Federal Excise Tax and Michigan General Sales Tax (see Michigan

Public Act 167 of 1933, section 4 as amended).

7. Changes. At any time by a written notice, the University may change the drawings, designs, specifications,

materials, packaging, and the time and place of delivery. Promptly upon the receipt of such notice, Seller will

either advise that the change will not affect its costs, or give notice of changes in costs, compensation, and the

time of completion.

8. Audit and Retention of Books and Records. Upon the University’s request, Seller will inform the

University of its accounting procedures and practices. The University may inspect and copy Seller’s books,

records, and documents in any medium to verify Seller’s performance and expenses submitted pursuant to this

Agreement. Seller will make such items available for inspection during normal business hours at Seller’s place

of business. Seller will retain all such items during the term of this Agreement and for a period of three years

after the delivery of the Goods and Services. Seller will retain any items relating to a claim arising out of the

performance of this Agreement until the claim has been resolved.

9. Termination. The University may terminate this Agreement in whole or in part at its convenience upon 30

days’ notice to Seller. Upon notice of such termination, Seller shall immediately stop all work including

shipment of the Goods or Services and shall cause its suppliers and/or subcontractors to cease their work

related to this Agreement. Seller shall be paid a reasonable charge for Goods or Services satisfactorily

provided or performed. In no event shall Seller be paid for costs incurred or Services performed after receipt

of notice of termination, or for costs that reasonably could have been avoided. University may terminate the

Agreement in whole or in part for cause upon seven (7) days written notice if Seller fails to comply with any

material term or condition. Late delivery of Goods or Services, or delivery of defective or non-conforming

Goods or Services shall, without limitation, be cause for termination. In the event of such termination, the

University will not be liable for any damages; and reserves all rights and remedies and Seller shall be liable to

the University for all losses, damages, and expenses, including, without limitation, the excess cost of re-

procuring similar products or services; shipping charges for any items the University may at its option return to

Seller, including items already delivered, but is no longer able to use for the intended purpose because of

Seller’s default; and amounts paid by the University for any items the University has received but returns to

Seller. If a determination is made that the University improperly terminated the Agreement for cause, then the

termination shall be deemed to have been for the University’s convenience.

10. Indemnity. Seller shall indemnify and hold harmless the University from and against any and all actions,

claims (including, but not limited to, claims of negligence), liabilities, demands, costs and expenses (including,

but not limited to, attorney’s fees, and costs related to Data breaches and Notification events as noted in

Section 13), which arise out of or are incident to Seller’s acts or omissions under this Agreement.

11. Seller Damage to University Property. Without regard to any other section of the Agreement, Seller shall be

responsible for the costs to return to “as was” condition from any damage caused to the building, grounds, or

other equipment and furnishings caused in whole or part by Seller while performing activities arising under

this Agreement. Seller shall immediately report in writing the occurrence of any damage to the appropriate

University building or project manager.

12. Removal of Seller Personnel. If any Seller personnel repeatedly fails to perform in a competent manner or is

found to be unsuitable for the work, in the University’s sole discretion, and the University notifies Seller that

such Seller personnel is no longer acceptable to the University, citing the grounds and specific supporting

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facts, then, after written notification from the University, Seller shall no longer schedule the Seller personnel to

provide or support Services for the University under this Agreement or any other agreement with the

University.

13. University Data. To the extent Seller shall have access to, use of, or disclosure of University Data, it agrees

to the provisions of this Section. “Data” means any and all electronic or other information that is in the

University’s possession and control, and any and all such Data that has been disclosed to Seller. Data may

include but is not limited to, information that is: (i) identified with a specific individual (e.g., “personally

identifiable information” or “PII”); (ii) subject to proprietary rights under patent, copyright, trademark, or trade

secret law; (iii) privileged against disclosure in a civil lawsuit (e.g., data subject to attorney-client or doctor-

patient privileges); (iv) subject to laws, regulations, rules or standards that prohibit or limit disclosure (e.g., the

Family Educational Rights and Privacy Act (“FERPA”), the Export Administration Act (“EAR”), the

International Traffic in Arms Regulations (“ITAR”), the Health Insurance Portability and Accountability Act

(“HIPAA”), the Genetic Information Nondiscrimination Act (“GINA”), the Gramm-Leach-Bliley Act; and the

Payment Card Industry Security Standards Council requirements); or (v) ought in good faith to be treated as

sensitive, proprietary, or confidential.

a. Prohibition of Unauthorized Use of Data. Seller agrees to hold Data in strict confidence. Seller shall

not use or disclose Data received from or on behalf of the University except as required by law, or as

otherwise authorized in writing by the University. Seller agrees that any and all Data exchanged shall be

used expressly and solely for the purposes enumerated in the Agreement. Data shall not be distributed,

repurposed, or shared across other applications, environments, or business units of Seller, or passed to

other vendors or interested parties except on a case-by-case basis as specifically agreed to in writing by the

University.

b. Security Standards. Seller agrees that it will comply with all state and federal laws relating to data

privacy and security, and at all times under the following standards:

i. Network Security. Seller shall at all times maintain network security that includes, at a minimum:

network firewall provisioning, intrusion detection, and regular third party penetration testing of the

network and all relevant computer/data storage devices. Upon University’s request, Seller agrees to

provide University access to its penetration test results and documentation of its network standards. If

Seller will process or hold payment card information, Seller shall maintain network security that

conforms to the latest PCI/DSS standards.

ii. Data Security. Seller shall protect and maintain the security of Data with protection that is at least as

good as or better than that maintained by University. These security measures include maintaining

secure environments that are patched and up to date with all appropriate security updates as

designated, for example, by Microsoft notification.

iii. Data Transmission. Seller shall ensure that any and all transmission or exchange of Data with

University and/or any other parties expressly designated by Purchaser shall take place by secure

means, e.g., HTTPS or FTPS.

iv. Data Storage. Seller shall ensure that any and all Data will be stored, processed, and maintained

solely on designated target servers and that no Data at any time will be processed on or transferred to

any portable or laptop computing device or any other portable storage medium, unless that storage

medium is in use as part of the Seller’s designated backup and recovery process.

v. Data Encryption. Seller shall store and backup Data as part of its designated backup and recovery

processes in encrypted form, using no less than 128 bit key.

c. Return or Destruction of Data. Upon cancellation, termination, expiration, or other conclusion of the

Agreement, Seller shall erase, destroy, and render unreadable all Data, including copies, in possession of

Seller, its subcontractors and agents and certify in writing that these actions have been completed within

30 days of the termination of this Agreement or within 7 days of the request of University, whichever

shall come first.

d. Notification of Network Data Breach. Seller shall immediately report in writing to the University any

network breach and/or use or disclosure of Data no authorized by the Agreement, including any

reasonable belief that unauthorized access to Data has occurred. Seller shall make the report to the

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University not less than two (2) business days after Seller reasonably believes that there has been such

unauthorized use or disclosure. Seller’s report shall identify: (i) the nature of the unauthorized use or

disclosure; (ii) the network element(s) and/or Data used or disclosed; (iii) who made the unauthorized use

or received the unauthorized disclosure; (iv) what Seller has done, or shall do, to mitigate any negative

effect of the unauthorized disclosure; and (v) what corrective action Seller has taken, or shall take, to

prevent future unauthorized use or disclosure. Seller shall comply with all applicable laws that require

the notification of individuals in the event of unauthorized release of personally-identifiable information,

or any other event requiring such notification (a “Notification Event”). The University may, in its sole

discretion, choose to provide notice to any or all parties affected by a Network or Data Breach, but the

Seller shall reimburse the University for its costs in providing any credit monitoring or similar services

that are necessary as a result of any Network or Data Breach.

14. EIT Accessibility. University is committed to providing an accessible, usable, and integrated experience for

all people. Electronic and information technology (“EIT”) is information technology and any equipment or

interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of

data or information. The term electronic and information technology includes, but is not limited to,

telecommunications products, information kiosks and transaction machines, Internet and Intranet websites,

web-delivered content, software, electronic books and electronic book reading systems, search engines and

databases, multimedia, classroom technology, and office equipment.

Seller warrants that (i) Web-based EIT products provided under this Agreement conform WCAG 2.0

AA and (ii) non-web-based EIT meets or exceeds the applicable accessibility requirements of section

508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing

regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Seller agrees to indemnify

and hold harmless University from any claims arising out of its failure to comply with the foregoing

accessibility standards. All designs shall be responsive and be compliant with the university web

standards and web accessibility requirements. Suppliers are required to provide electronic

deliverables that comply with the World Wide Web Consortium’s (W3C) Web Content

Accessibility Guidelines (WCAG) 2.01 AA standard. 1WCAG 2.0 specifies techniques for implementing text alternatives, time-based media, adaptable content, making it

easier for users to see and hear content, making sites keyboard accessible, providing sufficient time for website

interaction/operation, avoiding design practices that can cause seizures, maximizing navigation, making content

easier to understand, making sites operate in predictable ways, providing input assistance, and maximizing

compatibility with current and future devices/technologies.

Related resources:

W3C WCAG 2.0 AA Standard: http://www.w3.org/TR/WCAG20/

How to Meet WCAG 2.0: http://www.w3.org/WAI/WCAG20/quickref/

Seller agrees to provide evidence of compliance with these requirements before this Agreement becomes

effective and any other time upon reasonable request of the University. In the event EIT provided under this

Agreement does not fully conform to the to the standards set forth above, Seller will promptly advise

University in writing of the nonconformance and provide detailed information regarding the plans to achieve

conformance, including but not limited to an intended timeline. Seller agrees to promptly respond to and

resolve any complaint regarding accessibility of its products or services. Failure to comply with these

accessibility standards shall constitute a breach of this Agreement.

15. MSU Brand Standards. All work and designs must adhere to MSU Communications and Brand

Strategy Web Brand Standards found here: http://cabs.msu.edu/web/msu-web-standards.html

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16. Confidentiality. Seller shall keep confidential and not disclose to third parties any information provided by

the University or by private individuals, organizations or public agencies during the course of this Agreement,

including University’s Data, unless Seller has received the prior written consent of the University to make the

disclosure or unless required by law or legal process. Only Seller Personnel with a need to know may have

access to or use University Data. This obligation of confidentiality does not extend to information that is, or

shall become through no fault of Seller, available to the general public. Upon the completion or termination of

this Agreement, Seller shall immediately return all confidential information to the University or shall make

other disposition of the confidential information as directed by the University.

17. Insurance. Unless more specific insurance provisions are specified by the University, Seller shall, at Seller’s

expense at all times during its performance under this Agreement, obtain and keep in force: i) Commercial

general liability insurance, including contractual products and completed operations insurance ($1 million per

occurrence/$2 million annual aggregate); ii) Employers Liability with a minimum limit of $500,000; and iii)

Workers’ Compensation to statutory limits as required by the State of Michigan; iv) in the event that

professional services are to be provided as a part of this Agreement, Professional liability/errors and omissions

insurance with limits no less than $1 million; and v) if the Agreement includes activity related to hazardous

materials or hazardous waste: Environmental liability insurance ($1 million per occurrence/$2 million annual

aggregate); if Seller or any of its sub-contractors transport hazardous waste or material, they must provide

evidence of automobile liability insurance coverage in an amount of at least $1 million per accident for all

owned, non-owned, and hired vehicles and the Endorsement for Motor Carrier Policies of Insurance for Public

Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-90) must also be attached.

Prior to the commencement of work, Seller shall provide a certificate of insurance evidencing such insurance,

which shall name the Trustees of Michigan State University as an additional insured. Seller shall provide for

notification to the University within at least thirty (30) days prior to expiration or cancellation of such

insurance. Compliance with the foregoing requirements as to carrying insurance and furnishing evidence of it

will not relieve the Seller of its liabilities and obligations under this Agreement.

18. Force Majeure. Neither Seller nor the University shall be liable for failure to perform its respective

obligations under the Agreement when failure is caused by fire, explosion, flood, act of God, civil disorder or

disturbances, strikes, vandalism, war, riot, sabotage, weather and energy related closings, or like causes beyond

the reasonable control of the party (“Force Majeure Event”). In the event that either party ceases to perform its

obligations under this Agreement due to the occurrence of a Force Majeure Event, the party shall: (a) as soon

as practicable notify the other party in writing of the Force Majeure Event and its expected duration; (b) take

all reasonable steps to recommence performance of its obligations under this Agreement as soon as possible,

including, as applicable, abiding by the disaster plan in place for the University. In the event that any Force

Majeure Event delays a party’s performance for more than thirty (30) calendar days following notice by the

delaying party pursuant to this Agreement, the other party may terminate this Agreement immediately upon

written notice.

19. Compliance with Laws. Seller shall be responsible for compliance with any and all applicable federal, state

and local laws, ordinances, regulations, and the University’s policies and rules, found at

http://trustees.msu.edu, with respect to the provision of Goods and Services under this Purchase Order. Unless

otherwise expressly provided for in the Purchase Order, Seller shall obtain and comply with all permits,

licenses and similar authorizations that are necessary to provide the Goods and Services. By merit of

submitting a proposal, Seller warrants and represents that it has all legally required licenses and permits needed

to provide the Goods and Services.

20. Nondiscrimination. Seller warrants that Seller is an equal opportunity employer and that, during the

performance of this Agreement, it will comply with Federal Executive Order 11246, as amended, The

Rehabilitation Act of 1973, as amended, and the respective regulations thereunder, and the Michigan Civil

Rights Act of 1976. Pursuant to Section 209 of the Michigan Elliot-Larsen Civil Rights Act and Section 209

of the Michigan Persons with Disabilities Civil Rights Act, in filling this order, the Seller and its contractor(s)

agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms,

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conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of

age, color, familial status, height, marital status, national origin, race, religion, sex, weight, or a disability that

is unrelated to the individual’s ability to perform the duties of a particular job or position. If applicable, this

Seller and any subcontractor shall abide by the requirements of 41 CFR §§60-1.4(a), 60-300.5(a) and 60-

741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as

protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on

their race, color, religion, sex or national origin. Moreover, these regulations require that covered prime

contractors and subcontractors take affirmative action to employ and advance in employment individuals

without regard to race, color, religion, sex, national origin, protected veteran status or disability.

21. Criminal Background Checks. Seller may be required to perform criminal background checks of its

personnel working on MSU’s campus pursuant to applicable MSU background check policies. In such

circumstances, the University reserves the right to audit compliance with the policy requirements and may

require documentation of compliance from Seller. Seller agrees to provide documentation of compliance with

criminal background check requirements upon request from the University within a reasonable time period, not

to exceed fifteen (15) business days.

22. Federal Procurement. If University notifies Seller that it is using federal funds to procure the Goods or

Services provided, this Agreement will incorporate the federal requirements set forth at

http://usd.msu.edu/purchasing/about/federal-procurement.html and Seller will adhere to such additional

requirements.

23. ITAR. Before shipping goods, software, or technical data subject to the International Traffic in Arms

Regulations (ITAR), 22 C.F.R. Parts 120-130, Seller will notify University that such items are ITAR-

controlled. Seller will only ship ITAR-controlled items after University has furnished written confirmation

that University is prepared to accept delivery of such items.

24. Prevailing Wage. If this Agreement is for Goods or Services for work on state project by a construction

mechanic (as such terms are defined in MCL 408.551) (“Workers”) during the term of the Agreement, the

Seller and subcontractors at all tiers (“Firms”) will pay such Workers performing work on a University site at

least the applicable Prevailing Wage Rate determined by the Michigan Occupational Safety and Health

Administration Agency, Wage and Hour Division. A listing of the prevailing wage pay scales and associated

benefits will be provided by the University, upon request. Seller is responsible for compliance by all Firms. At

University’s request, Firms will furnish copies of certified payroll records for Workers to University’s

designated prevailing wage contract agent within seven days of the date of the request. University will retain

copies of the certified payroll records and make them available to Michigan’s Wage and Hour Division at its

request. Not complying with this section is a material breach of this Agreement. Seller will hold University

harmless and indemnify University from all loss, cost or expense arising out of Seller’s or Firms’ failure to pay

Prevailing Wage Rates or overtime.

25. Freedom of Information Act. Nothing in this Agreement shall in any way limit the ability of the University

to comply with any laws or legal process concerning disclosures by public bodies. Seller acknowledges that

any responses, materials, correspondence or documents provided to the University are subject to the State of

Michigan Freedom of Information Act (“Act”) and may be released to third parties in compliance with that Act

or any other law.

26. Use of the University Name, Logo and Marks. The University acknowledges that Seller may make public

statements regarding the existence of the contract, its terms and conditions and an accurate description of the

products or services being supplied without the consent of the University. However, other than as permitted

by the previous sentence, Seller will not use the name, logo, or any other marks (including, but not limited to,

colors and music) owned by or associated with the University, or the name of any representative of the

University without the prior written permission of the University in each instance.

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27. Conflict of Interest. Seller warrants that to the best of Seller’s knowledge, there exists no actual or potential

conflict between Seller and the University, and its Goods and Services under this Agreement, and in the event

of change in either Seller’s private interests or Goods or Services under this Agreement, Seller will inform the

University regarding possible conflict of interest which may arise as a result of the change. Seller also affirms

that, to the best of Seller’s knowledge, there exists no actual or potential conflict between a University

employee and Seller.

28. Independent Contractor. The relationship between the parties is solely that of independent contractors, not

partners, joint venturers, employees, agents or otherwise. Neither will have any authority to bind the other in

any manner, and will not represent or imply that it has such authority.

29. No Third Party Rights. Nothing in this Agreement shall be construed as creating or giving rise to any rights

in third parties or persons other than the named parties to this Agreement.

30. Assignment. Seller may not assign this Agreement, nor any money due or to become due without the prior

written consent of the University. Any assignment made without such consent shall be deemed void.

31. Notices. Any notice to either party must be in writing and will be delivered either personally, by electronic

mail with confirmed delivery, by a recognized overnight courier service, or by the United States mail (first-

class, certified or registered with postage prepaid, return receipt requested), to the other party at its address as

set forth on the face of the Purchase Order.

32. Severability. If any provision of this Agreement is invalid or unenforceable, the remainder of the provisions,

or the application of such provisions to person other than those as to which it is held invalid or unenforceable,

will not be affected and the remainder of the provisions will be valid and enforceable to the fullest extent

permitted by law.

33. Assurance. If University determines in good faith that it is insecure with respect to Seller’s ability or intent to

fully perform, Seller will provide University with written assurance of Seller’s ability and intent to fully

perform. Seller will provide such assurance within the time and in the manner specified by the University.

Seller will immediately notify the University of any circumstances that may cause Seller to fail to fully

perform. Upon University’s good faith determination that Seller cannot or will not perform, the University

may deem the Seller to have breached and terminated this contract.

34. Survivability. All of the terms and conditions of this Agreement will survive delivery of Goods, the provision

of Services, and expiration or termination of this Agreement.

Firm Name: ___________________________________________________

Name: ________________________________________________________

Title / Position: ________________________________________________

Signature: __________________________________ Date: _____________

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