technology contract-new-formattedcts.ndus.edu/.../09/dc-ops-rfp-cts-14-001-final.docx · web...

North Dakota University System

Core Technology Services

4349 James Ray Drive

Grand Forks, ND 58202

REQUEST FOR PROPOSAL (RFP)

RFP Title: Datacenter Operations, Monitoring and Maintenance

RFP Number: CTS-14-001

Issued: 06/02/2014

Purpose of RFP: The North Dakota University System Core Technology Services (NDUS CTS) is soliciting proposals for a vendor to provide management and monitoring services for the physical plant

and monitoring of the IT hardware infrastructure of their new tier III datacenter located within the confines of the UND campus in Grand Forks, North Dakota.

Issued by:

North Dakota University System, Office of the Chief Information Officer

of 31Datacenter Operations, Monitoring and Maintenance RFP Number: CTS-14-001

TABLE OF CONTENTS

Table of ContentsSECTION ONE – INSTRUCTIONS......................................................................................................................................4

1.0 PURPOSE OF THE RFP........................................................................................................................................................4

1.1. PROCUREMENT OFFICER CONTACT INFORMATION...............................................................................................................41.2. ASSISTANCE TO INDIVIDUALS WITH A DISABILITY..................................................................................................................41.3. SECRETARY OF STATE REGISTRATION REQUIREMENTS...........................................................................................................41.4. NOTICE PROVIDED.........................................................................................................................................................41.5. RFP SCHEDULE.............................................................................................................................................................41.6. QUESTIONS AND REQUESTS FOR CLARIFICATION..................................................................................................................51.7. PREPROPOSAL CONFERENCE............................................................................................................................................51.8. OFFER HELD FIRM.........................................................................................................................................................51.9. OFFEROR RESPONSIBLE FOR COSTS...................................................................................................................................51.10. PROPOSAL SUBMISSION DEADLINE...............................................................................................................................51.11. AMENDMENT AND WITHDRAWAL OF PROPOSALS............................................................................................................61.12. PROPOSAL OPENING – LATE PROPOSALS REJECTED.........................................................................................................61.13. NEWS RELEASES.......................................................................................................................................................61.14. CONFLICT OF INTEREST...............................................................................................................................................61.15. ATTEMPT TO INFLUENCE PROHIBITED............................................................................................................................61.16. COLLUSION PROHIBITED.............................................................................................................................................6

SECTION TWO – BACKGROUND.......................................................................................................................................7

2.0 BACKGROUND INFORMATION...........................................................................................................................................7

2.1. DEFINITIONS.................................................................................................................................................................72.2. BUDGET.......................................................................................................................................................................72.3. TECHNICAL ARCHITECTURE OVERVIEW...............................................................................................................................7

SECTION THREE – SCOPE OF WORK...........................................................................................................................10

3.0 SCOPE OF WORK.............................................................................................................................................................10

3.1. APPLICABLE DIRECTIVES................................................................................................................................................103.2. INFORMATION TECHNOLOGY SOLUTION...........................................................................................................................103.3. SUPPORT AND CUSTOMER SERVICE REQUIREMENTS...........................................................................................................143.4. OFFEROR EXPERIENCE AND QUALIFICATIONS MANDATORY REQUIREMENTS............................................................................14

SECTION FOUR – PROPOSAL.........................................................................................................................................16

4.0 PROPOSAL PREPARATION AND SUBMISSION..................................................................................................................16

4.1. FORMAT & PROPOSAL SUBMISSION INSTRUCTIONS............................................................................................................164.2. TECHNICAL PROPOSAL..................................................................................................................................................164.3. COST PROPOSAL..........................................................................................................................................................26

SECTION FIVE – PROPOSAL EVALUATION..................................................................................................................27

5.0 AWARD............................................................................................................................................................................27

5.1. EVALUATION CRITERIA..................................................................................................................................................275.2. PROPOSAL EVALUATION................................................................................................................................................275.3. COST PROPOSAL EVALUATIONS – RECIPROCAL PREFERENCE................................................................................................275.4. CLARIFICATIONS OF OFFERORS – DISCUSSIONS..................................................................................................................285.5. RIGHT OF REJECTION....................................................................................................................................................285.6. PRESENTATIONS..........................................................................................................................................................285.7. SITE INSPECTION OF FACILITY.........................................................................................................................................285.8. BEST AND FINAL OFFERS...............................................................................................................................................28


5.9. NEGOTIATIONS............................................................................................................................................................295.10. NOTICE OF INTENT TO AWARD..................................................................................................................................295.11. CONTRACT APPROVAL..............................................................................................................................................29

SECTION SIX – CONTRACT INFORMATION.................................................................................................................30

6.0 NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND................................................................................30

6.1. CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES...............................................................................306.2. CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES.....................................................................................306.3. SCOPE OF WORK.........................................................................................................................................................316.4. CONTRACT TERM.........................................................................................................................................................326.5. COMPENSATION..........................................................................................................................................................326.6. LIQUIDATED DAMAGES.................................................................................................................................................326.7. TAXES....................................................................................................................................................................... 32

ATTACHMENTS1. Cost Proposal2. Proposal Evaluation Process3. Contract


SECTION ONE – INSTRUCTIONS

1.0 PURPOSE OF THE RFPThe North Dakota University System, an entity governed by the North Dakota State Board of Higher Education (SBHE) and acting through its Core Technology Services (collectively, “NDUS”) is soliciting proposals for a vendor to provide management services for the physical plant and monitoring of the IT hardware infrastructure of their new tier III datacenter located within the confines of the UND campus in Grand Forks, North Dakota.

1.1. PROCUREMENT OFFICER CONTACT INFORMATIONThe procurement officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the procurement officer.

PROCUREMENT OFFICER: Dirk Huggett

E-MAIL: [email protected]

PHONE: 701-777-6859

TTY Users call: 7-1-1

FAX: 701-777-3978

1.2. ASSISTANCE TO INDIVIDUALS WITH A DISABILITYContact the procurement officer, as soon as possible, if an individual with a disability needs assistance with the RFP including any events in the RFP schedule so reasonable accommodations can be made.

1.3. SECRETARY OF STATE REGISTRATION REQUIREMENTSVendors conducting business with NDUS must be registered with the North Dakota Secretary of State. Information on registering can be found at http://www.nd.gov/sos/businessserv/registrations/index.html. Offerors must comply with the following registration requirements:

Proposals will be accepted from unregistered offerors. The successful offeror is required to complete the registration process within 60 calendar days from the date a notice of intent to award is issued. If the successful offeror does not register within this time, its proposal may be rejected.

If you have any questions regarding the registration process, contact the Secretary of State’s Office for assistance at 701-328-4284 or e-mail [email protected].

1.4. NOTICE PROVIDED This RFP and any related amendment and notices will be posted on the Core Technology Services website. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: http://cts.ndus.edu/sits-departments/office-of-the-cio/it-procurement

Offerors may request to receive notices related to this RFP by contacting the procurement officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, fax number, and e-mail address.

1.5. RFP SCHEDULEEVENT DATE

RFP issued 09/09/14Mandatory Bidders Conference 09/23/14Deadline for Submission of Questions and Requests for Clarification by 3:00 PM, C.T. 09/24/14

Solicitation Amendment with Responses to Questions and Requests for Clarification issued approximately (if required)

09/29/14


http://cts.ndus.edu/sits-departments/office-of-the-cio/it-procurement

mailto:[email protected]

http://www.nd.gov/sos/businessserv/registrations/index.html

mailto:[email protected]

EVENT DATEDeadline for Receipt of Proposals by 3:30 PM, CT 10/9/14Proposal Evaluation completed by approximately 10/21/14Tentative: Demonstrations/Site Visits To be announcedBegin negotiations with top two vendors 11/13/14Notice of Intent to Award issued approximately 12/09/14Deadline for Secretary of State Registration Prior to Contract SigningContract executed approximately 12/15/14

1.6. QUESTIONS AND REQUESTS FOR CLARIFICATIONOfferors should carefully review the RFP including all attachments. Questions or requests for clarification must be submitted to the procurement officer in writing by the deadline identified in the RFP schedule. Include a reference to the applicable RFP section or subsection. E-mail is the preferred method of submission.

Responses to question and requests for clarifications will be distributed as a solicitation amendment, unless the question can be answered by referring the offeror to a specific section of the RFP.

1.7. PREPROPOSAL CONFERENCENDUS will hold a pre-proposal conference for the RFP. Participation is mandatory and only those offerors in attendance are eligible to submit proposals, and proposals from offerors not in attendance will be rejected. Questions and answers along with any changes made to the RFP will be disseminated as a solicitation amendment. Notice of the solicitation amendment may be limited to offerors in attendance.

The pre-proposal conference will be held:

Date: 9/23/14

Time: 1:00 PM, C.T.

Location: NDUS DatacenterOperations Support Area3703 Campus Rd.Grand Forks, ND 58202

1.8. OFFER HELD FIRMOfferors must hold proposals firm for at least 180 days from the deadline for receipt of proposals. NDUS may send a written request to all offerors to hold their offer firm for a longer time period of time.

1.9. OFFEROR RESPONSIBLE FOR COSTSOfferor is responsible for all costs associated with the preparation, submittal, presentation, and evaluation of any proposal.

1.10. PROPOSAL SUBMISSION DEADLINEAn offeror is responsible for ensuring that its proposal is physically received by NDUS prior to the deadline for receipt of proposals identified in the RFP schedule. A solicitation amendment will be issued if this deadline is changed.

Offerors assume the risk of the method of dispatch chosen. NDUS assumes no responsibility for delays caused by any delivery service. Postmarking by the deadline shall not substitute for actual proposal receipt by NDUS. A proposal submitted orally, by email, by fax, or by other electronic means will be rejected. Proposals may be faxed or electronically transmitted to a third party who must put in a properly addressed envelope or package and deliver it to NDUS prior to the deadline.


Proposals will be secured and held unopened until the deadline for receipt of proposals. As proposals are received, the outer envelope will be annotated with the date and time of receipt. An offeror may contact the procurement officer to inquire whether its proposal has been received.

1.11. AMENDMENT AND WITHDRAWAL OF PROPOSALSOfferors may amend or withdraw proposals prior to the deadline for receipt of proposals. No amendments will be accepted after the deadline unless they are in response to NDUS’s request. After the deadline, offerors may make a written request to withdraw proposals and provide evidence that a substantial mistake has been made, and NDUS may permit withdrawal.

1.12. PROPOSAL OPENING – LATE PROPOSALS REJECTEDA public opening will not be held. At the specified date and time, each proposal will be opened in a manner to avoid disclosure of the contents to the competing offerors. Proposals delivered late will be rejected.

1.13. NEWS RELEASESOfferors shall not make any news releases related to this RFP without prior approval of NDUS.

1.14. CONFLICT OF INTERESTUnder procurement rules, a NDUS employee or official shall not participate directly or indirectly in a procurement when the NDUS employee or officials knows of a conflict of interest. Potential conflicts of interest include NDUS employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with SBHE Policy 611.4

1.15. ATTEMPT TO INFLUENCE PROHIBITEDOfferors must not give or offer to give anything to a NDUS employee or official anything that might influence, or appear to influence procurement decisions.

1.16. COLLUSION PROHIBITEDOfferors must prepare proposals independently, without collusion.


http://ndus.edu/makers/procedures/sbhe/default.asp?PID=64&SID=7

SECTION TWO – BACKGROUND

2.0 BACKGROUND INFORMATIONThe mission of NDUS CTS is to provide secure information management and technology services to North Dakota University System students, faculty, staff, and state residents.

Our agency is conducting this solicitation because NDUS has recently built a new datacenter to tier III specifications and are migrating systems and services from the previous data center. The previous data center was originally designed to support a mainframe environment and did so in an exemplary manner for many years. The new data center is a combined effort between UND and NDUS CTS with the intent to provide even greater service to both the campus and the entire University System. Opportunities exist to develop new relationships with both internal and external customers that will fully realize the goals of a single data center that services the academic and administrative needs of the NDUS, member campuses and research partners.

2.1. DEFINITIONSFor the purposes of this RFP, the acronyms and defined terms are as follows:

Acronym or Term Name or DefinitionsContractor Entity that has an approved contract with the North Dakota

University SystemC.T. Central Time ZoneCTS Core Technology ServicesRFP Request for ProposalNDUS or University System


UND University of North Dakotaaffiliated entities Entities that are working on projects or initiatives with the State of

North Dakota, the North Dakota University System or its member institutions or a North Dakota Department of Commerce Center of Excellence organization

vendor, bidder, or Offeror

Any service provider that submits a bid in response to this proposal.

datacenter The NDUS datacenter and its related capabilities and needs.Successful Vendor The vendor whose proposal has been issued an Intent to Award

notice by NDUS CTShard copy or paper copy

A document submitted on paper

electronic version An electronic document submitted via email or email attachment

2.2. BUDGETThe funds for payment of this contract are already appropriated and identified. The estimated budget for on-going operational activity is between $10,000 and $20,000 per month. Proposals priced at more than $25,000 per month will be rejected.

2.3. TECHNICAL ARCHITECTURE OVERVIEWDue to security concerns, only high-level information will be provided in the open RFP. Prospective bidders can obtain detailed information by contacting the procurement officer and completing a non-disclosure agreement.

The NDUS datacenter is located in Grand Forks, North Dakota. The raised floor space (36”) supports a 5,000 sf datacenter (3,000 sf is readied for service), a network operations center, an operations support area, a “prep/staging/burn-in” area, the network distribution area and loading dock. On grade there is


an electrical switchgear room, electrical distribution rooms and a mechanical systems room. The equipment to be supported within the context of Original Equipment Manufacturer recommendations includes

A HVAC system with associated software for building management Redundant chiller system UPS and associated battery systems/power distribution units 1200A switchgear lineups 2000A diesel generator bus 400KW diesel generators with 800 gallon belly tanks 650KW load bank for annual testing Incipient Detection System Fire Alarm System Fire Suppression System Moisture Detection System Electronic door access system Loading Dock Lift

The North Dakota University System (NDUS), Core Technology Service (CTS) has the responsibility for operations and management of the systems that run the administrative and several ancillary applications for all eleven campuses in the NDUS.

The following is a list of the technical architecture found in the NDUS data center:

Core Technology Services Technical EnvironmentIn overview, Core Technology Service’s (CTS) technical environment consists of Windows based desktops, MacBooks, and a variety of server platforms connected via an IP based network. Desktop support is provided by CTS. Brief descriptions of components are provided below.

Desktop Environment The NDUS CTS/System Office desktop environment is comprised of a mix of Windows-based and MacOS-based laptops. We support both Windows 7 and Windows 8.1, as well a number of recent versions of MacOS. We have standardized on Lenovo and Apple for these machines. Users are issued two monitors, a docking station, and a spare laptop power cord. Each machine is managed using Microsoft’s SCCM (for Mac and PC). Our standard antivirus software is Microsoft’s System Center Endpoint Protection.

Email EnvironmentThe NDUS CTS/System Office Email Environment uses Microsoft’s Office365 cloud email service. Users can access their email from their laptop using the Outlook client (2010 or 2013 for Windows, 2011 for Mac). O365 clients are also available for mobile devices such as iPads and phones, or users can access their mail through a web interface. Office365 also supplies instant messaging and collaboration with Lync and SharePoint.

Hosting ServicesCTS supports 700 servers with approximately 550 virtualized instances. Systems are X86 servers running Windows & Linux. All hosts are located in 45u racks with dual 3-phased monitored power outlet units. Ninety-nine percent of the systems have redundant power and network connections.

In addition the datacenter hosts a high performance Linux cluster and InfinniBand with its own NAS Storage System.

Database ServicesCTS supports the following databases:


Oracle 11g (11.2.04) Enterprise running several single instances and several Windows Server Cluster instances

Microsoft SQLServer Enterprise and Standard Versions of 2008R2 and 2012 hosted on single database instances and Windows Server clusters.

MySQL 5.5 Community and Enterprise versions hosted on Windows single database instances and Windows Server Clusters.

CTS provides multiple test and production database shared environments.

Storage ServicesStorage is provided with two SANS. One is a 300 TB SAN with six controller nodes supporting 16 GB Fiber Channel and 10 GB SCSI connections. The other is a 48 TB SAN with two controller nodes supporting 8 GB Fiber Channel connections. 48-port switches with 8 GB transceiver modules support fiber channel connectivity between SAN and hosts.

Data BackupIBM’s Tivoli Storage Manager provides backup services.

Network ServicesCTS provides and supports local area network services for the new datacenter on the UND campus. LAN segments are a mix of 1 GB and 10 GB switched Ethernet networks, configured with redundancy for high availability. North Dakota Information Technology Department provides the wide area network services. The core of the WAN consists of a 10 GB Ethernet ring, with a point of presence located within the datacenter. A central help desk supports end-users; this service is available 24x365.

Directory Services/Identity & Access ManagementCTS provides three Active Directory network domains that provides NDUS with a single network sign on. All computers utilizing the NDUS Active Directory are members of the NDUS forest. NDUS has a single flat Organizational Unit (OU). CTS provides the necessary Domain controllers and Global Catalog servers for authentication services.

IAM is a centralized identity management service for user accounts and password synchronization. IAM helps simplify and standardize user accounts and passwords by managing one user ID and password. IAM can be used to provide sign-on capability with University resources and passwords.

EDMS EnvironmentMany NDUS institutions are in the process of migrating to ImageNow document management.

Miscellaneous Supported Systems PeopleSoft Campus Solutions, HRMS and Financials Identity Management System Blackboard Learning Management System Multiple SMTP servers


SECTION THREE – SCOPE OF WORK

3.0 SCOPE OF WORKNDUS is soliciting proposals for a vendor to provide management services for the physical plant and monitoring of the IT hardware infrastructure of their new tier III datacenter located within the confines of the UND campus in Grand Forks, North Dakota.

The vendor providing the datacenter services must assume prime contractor responsibility ("Datacenter Contractor"). Each Offeror must submit only one proposal which must include all associated physical plant operations and technology monitoring services. These services may be provided by the Datacenter Contractor or through a subcontractor(s).

All Offerors are advised to begin preparation of their responses immediately, as the requirements of this RFP are complex and must be responded to carefully.

3.1. APPLICABLE DIRECTIVESThis information technology project is subject to the following directives:

N.D.C.C. § 15-10- 44 related to State Board of Higher Education’s duties and reports on higher education information technology

SBHE Policy 1901.3 related to Information Technology Project Management NDUS Procedure 1901.3 related to Information Technology Approval Process

This information technology project may be subject to the following directives:

N.D.C.C. § 54-35-15 related reporting to and review by the Legislative Council Information Technology Committee

The work performed under this contract must comply with the following requirements:

Processes align with NIST 800-53 Processes align with Uptime Institute Data Center Site Tier Standard – Operational

Sustainability Processes must align with TIA-942 Data Center Standards Processes must align with SOC 2 and SOC 3 certifications The Director (or equivalent) and other technical personnel responsible for the operations of the

facility must possess or be eligible to receive and maintain a TS/SCI security clearance upon the request of NDUS. This eligibility is required in order to support potential work with the U.S. Government where access to classified information is deemed essential.

3.2. INFORMATION TECHNOLOGY SOLUTIONA. Requirements

NDUS has developed Requirements Matrix below to describe the requirements for the proposed solution. Please respond using this format with a rating and a detailed response on how your solution meets the requirement.

Definition of 'Priority'Term Definition

Core Requirements without which the product may as well not be developed at all; it will be of no use to most Customers without these.

EssentialRequirements for which a short-term work-around could be developed (or for which an old process can be used for a little while longer), but over the long run, the requirements have to be there.

Desired Requirements that are the "bells and whistles" which may be precious to certain constituencies, but without which the product will function just fine.


http://www.legis.nd.gov/cencode/t54c35.pdf

http://ndus.edu/makers/procedures/ndus/default.asp?PID=328&SID=62


http://www.legis.nd.gov/cencode/t15c10.pdf

Your service must be delivered with all Core and a good portion of Essential requirements represented, and with a plan to implement the remaining Essential requirements in the subsequent phase.

Definition of 'Rating'Rating Definition

AFunctionality found within the base product and requires no customization or configuration.

BFunctionality is in the base product, but requires configuration with no additional costs.

CFunctionality requires customization. Give an explanation as to the complexity of the customization and a cost estimate.

D Functionality is not in the system.

Requirement Priority/Rating

Administration1 Must have a well-defined, proven methodology for managing a tier III datacenter Core

Response: A/B/C/D2 Must have a clearly defined communications process, both within the organization and with

NDUSCore

Response:3 Must have a defined process for inventory management Core

Response:4 Must have a defined process for infrastructure change management Core

Response:Environment

1 Proposed solution must provide 24x7 infrastructure monitoring coverage CoreResponse:

2 Must provide central monitoring system that would utilize or replace systems currently within the data center

Core

Response:3 Must monitor visual and auditory alarms on servers, SANS and Fiber Channel switches and

notify the appropriate personnelCore

Response:4 Must have a defined structured cabling process Core

Response:5 Must comply with industry standards for any cabling or equipment installation Core

Response:6 Must monitor power loss to the Power Distribution Units on each rack Core

Response:Security

1 Must align with NIST 800-53 requirements CoreResponse:

2 Must support NDUS security assessments and penetration testing CoreResponse:Standards

1 Must align with Uptime Institute Data Center Site Tier Standard – Operational Sustainability

Core

Response:2 Must align with TIA-942 Data Center Standards Core


Requirement Priority/Rating

Response:3 Must align with SOC 2 and SOC 3 certification Core

Response:4 Must align with ITIL methodology Desired

Response:

Value-Add Optional Package

NDUS would like to consider, as an optional package, having offerors provide an onsite datacenter manager as described below. Please identify your ability to offer this service. Note that if selected, this service would be a separate statement of work under the contract with an annual term. Since this is an optional service, this will not be included in the cost evaluation. However, offerors proposing this service must provide cost information in the Value-Add section of the cost proposal.

Staffing1 Provide staff to fulfill datacenter manager role. Minimum qualifications are a Bachelor’s

degree in a related field or an equivalent level of experience in the field and at least 2 years’ experience performing similar duties for a tier III or higher datacenter. This person would have the following responsibilities:

Directs the tactical and operational activities of the datacenter in support of the missions of NDUS and CTS

Accountable for the overall effectiveness and efficiency of data center technology systems and for ensuring customer satisfaction

Responsible for developing and managing departmental budget Oversee the development of datacenter standards, processes and procedures Manages customer relationships to ensure that service level objectives are

developed and managed in all operational areas Ensures the availability and reliability of platforms to meet business objectives Responsible for managing the negotiation and procurement of hardware and

services as they pertain to the data center Manages the administration of hardware inventory, asset management and

maintenance and service contracts Work with other units within CTS Infrastructure & Operations to stay abreast of

new developments in network hardware and software as they pertain to the datacenter

Assist with preparation of purchase requisitions as they pertain to the datacenter Participate, as requested/assigned, on UND/NDUS committees, task forces

and/or working groups Develop disaster recovery policies and practices Schedule adequate staff and resources to provide high quality services Guide priority setting of staff. Assist with the recruitment and hiring of employees Develop competencies and job requirements for data center staff positions Develop technical operations and production support personnel Coordinate activities overlapping the responsibilities between data center staff

and other Infrastructure & Operations staff Follow safety rules Help identify unsafe working conditions Stop co-workers who are working in an unsafe manner

Desired

Response:


B. LicensingThe contractor will provide NDUS will all applicable licenses related to the proposed solution.

C. Professional Services RequirementsNDUS seeks the following professional services to achieve the objectives of this project:

1. Project Management (as defined in Section H)2. Analysis & Design for taking over support operations3. Implementation Services for products required for support operations4. On-going Operations

D. Location of Work – TravelThe contractor will be required to travel as follows:

At a minimum NDUS expects the contractor to be on-site (Grand Forks, ND) during key points such as analysis and go-live. Contractor will be asked to provide specific on-site plans and needs in section four of this RFP.

E. Risk Management RequirementsThe contractor will take appropriate measures to ensure the safety of its employees, NDUS employees, the public, and property. The contractor must identify any additional risks associated with the project.

F. Project Management RequirementsNDUS and Contractor may be required to comply with the NDUS’s requirements related to Project Management of Large Information Technology Requirements, including:

Standard for the STD001 Project Management of Major or Large NDUS Information Technology Projects, http://cts.ndus.edu/wp-content/uploads/2012/06/standard-001-pm-large-ndus-it-project-12-03-07.pdf

Templates, http://cts.ndus.edu/sits-departments/office-of-the-cio/project-management-oversight/

The project shall follow the Project Management Institute’s (PMI) Project Management Body of Knowledge (PMBOK)

The Contract - Attachment #3 includes provisions related to Project Management.

The NDUS project manager will prepare a Project Plan using the NDUS methodology and applicable template: http://cts.ndus.edu/sits-departments/office-of-the-cio/project-management-oversight/. The Contractor will need to provide information necessary to prepare the Project Plan.

NDUS’s project manager will direct and manage the project on a day-to-day basis and will have the primary responsibility for management of the project. The Contractor’s project manager and lead consultants will report to NDUS’s project manager within the project’s governance structure.

During the planning phase, Contractor shall be responsible for the project management related tasks/information specified below.

Contractor Primary Responsibilities:

a. Provide a Quality Management Plan to include the methodology for maintaining quality and workmanship, and related subcontractor(s) activities where appropriate

b. Provide a Test Management Plan which describes how the Contractor and NDUS shall verify the processes meet the requirements

Contractor Secondary Responsibilities:

1. Assist in the development of detailed schedule with fixed deadlines to include:a. A work breakdown structureb. Schedule including tasks, activities, activity duration, sequencing and dependencies


http://cts.ndus.edu/sits-departments/office-of-the-cio/project-management-oversight/



http://cts.ndus.edu/wp-content/uploads/2012/06/standard-001-pm-large-ndus-it-project-12-03-07.pdf

http://cts.ndus.edu/wp-content/uploads/2012/06/standard-001-pm-large-ndus-it-project-12-03-07.pdf

c. Completion date of each taskd. Milestones; including entrance and exit criteria for specific milestones

2. Assist in the development of the Human Resources Plan to include:a. Staff assigned and their location and scheduleb. The project resources requiredc. Resource allocation percentage by roled. Contractor’s resourcese. NDUS resources

3. Assist in the development of a Communication Plan including: a plan for generation, documentation, storage, transmission and disposal of project information

4. Assist in and review of the Risk Management Plan to ensure that risks are identified, planned for, analyzed, communicated and acted upon effectively

5. Assist in the development of any Training Plan6. Assist in the development of the Implementation Plan7. Assist in the development of the Transition Plan. This plan shall describe the steps

necessary to take over operations. The plan shall contain sufficient information to assure that all necessary steps are identified and that each step has sufficient resources assigned.

8. Assist in the development of the Project Closeout Report to include participation in the lessons learned exercise

G. Contract Schedule and DeliverablesCONTRACTOR shall develop a schedule for accomplishing the Scope of Work being proposed.

NDUS and CONTRACTOR will agree upon acceptance criteria for deliverables.

3.3. SUPPORT AND CUSTOMER SERVICE REQUIREMENTSA. Service Level AgreementsCONTRACTOR must provide all service level documentation for the proposed solution.

B. Customer Service, Sales SupportNDUS requires CONTRACTOR to provide customer service and sales support documentation. This shall include an escalation process for issues.

3.4. OFFEROR EXPERIENCE AND QUALIFICATIONS MANDATORY REQUIREMENTSOfferors must meet the following experience and qualifications mandatory requirements:

1. Offeror must have performed similar work for a comparably sized or larger institution of higher education within the previous five years.

2. Offeror must be currently performing similar work for at least one government or education tier III or higher datacenter.


SECTION FOUR – PROPOSAL

4.0 PROPOSAL PREPARATION AND SUBMISSIONNDUS discourages overly lengthy and costly proposals. An offeror must prepare its proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. Proposals not submitted in this format may be considered unresponsive. If an offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Proposals become property of NDUS.

4.1. FORMAT & PROPOSAL SUBMISSION INSTRUCTIONSFormat: Each proposal will include a technical proposal and a cost proposal prepared in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover LetterSection 2 – RFP AmendmentsSection 3 – Information Technology SolutionSection 4 – Support and Customer ServiceSection 5 – Experience and QualificationsSection 6 – FinancialsSection 7 – Contract ProvisionsSection 8 – Open Records and Confidentiality

Cost Proposal – Submit in a separate sealed envelope.

Submission Instructions: Offerors shall clearly address all envelopes or packages as follows:


Core Technology Services

Attention: Dirk Huggett

RFP: Datacenter Operations, Monitoring and Maintenance

RFP Number: CTS-14-001

4349 James Ray Dr

Grand Forks, ND 58202

Offeror shall submit two copies of its Technical Proposal.

Offeror shall submit one copy of its Cost Proposal in a sealed envelope, clearly labeled “Cost Proposal.”

Offeror shall submit two electronic copies of its proposal on a CD, DVD, or USB Flash Drive. The electronic copy should be in a MS Word or Adobe PDF format with the Technical Proposal and Cost Proposal saved as a separate file.

4.2. TECHNICAL PROPOSALSection 1 – Cover LetterProposals shall include a cover letter signed by an individual with authority to bind the offer that includes the following:

1. The name of the offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address


2. A statement that the Offeror has read and agrees to comply with the requirements stated in this Request for Proposal

3. A statement that the Offeror’s proposal accurately describes the information technology solution and services being offered to the NDUS

4. A statement indicating whether or not the firm or its employees have an apparent or actual conflict of interest, such as immediate family members employed by the North Dakota University System, or NDUS employees with a financial interest in the firm

Section 2 – RFP Amendments.Provide signed copies of all Solicitation Amendments issued by NDUS that were required to be acknowledged by offerors.

Section 3 – Information Technology SolutionOfferors must provide a point-by point response to explain how the proposed solution will meet all the requirements and achieve the stated objectives described in RFP Section 3, Scope of Work, subsection 3.2 Information Technology Solution. Provide all requested information and documents.

A. RequirementsRequirements: The requirements for this project have been described in Section 3.2.A. Proposals must:

1. Respond in the appropriate columns & rows as to how your solution shall provide for each requirement.

2. Use the Response fields to:a. Highlight any important information on how your solution meets each requirement.b. Provide any additional technical details of your proposed solution that you feel the

NDUS should consider.c. Explain why your solution is advantageous in the marketplace.

In addition, in this section, your proposals should include the following:

Administration1 Describe your approach to datacenter management include information about overall

methods used to provide overall infrastructure and organizational resilience.Response:

2 Describe your approach to establishing an effective control environmentResponse:

3 Describe your approach used to establish and maintain philosophy of operations.Response:

4 Describe your approach to leading NDUS staff to build their knowledge, skills and experienceResponse:

5 Describe your approach to establishing and maintaining an organization imbued with integrity and ethical values.Response:

6 Describe your communication methodology within your organization (vertical communication), your proposed method for NDUS (horizontal communication). Describe how you would work with NDUS for external communications. Please attach visual diagrams, if possible.Response:

7 Describe your process for inventory management in detail.Response:

8 Describe your process for infrastructure change management in detail.Response:


9 Describe your approach with respect to cooperation with NDUS staff, as necessary, for system and services acquisition, e.g. electrical contractor. Currently NDUS has contracts with a number of local providers for services. Detail your expectations with those contracts.Response:

10 Describe the organization’s licenses, certifications and degrees within the company and available to support datacenter operations.Response:

11 Describe the life cycle process for planning, scheduling and funding of major equipment replacements or energy efficiency upgrades to existing equipmentResponse:Environment

1 Describe your services in support of development and test activities. Be sure to include:a. promulgation of system administration and operational proceduresb. establishing security functionsc. developing plans for transition to Production environmentsResponse:

2 Describe your services associated with monitoring of servers, network nodes and other datacenter equipmentResponse:

3 Describe your use of advanced technical applications to prevent, detect, and respond to hardware failures of servers, network nodes and other datacenter equipmentResponse:

4 Provide an example of how your process maintained resilience in a datacenter you are managingResponse:

5 Describe your structured cabling process in detail.Response:

6 Describe your proposed staff’s experience with your structured cabling processResponse:

7 Describe your approach to establish and maintain physical and environmental controls, consistent with reliable and available data center operationResponse:

8 Describe your process to monitor power loss to the Power Distribution Units on each rack.Response:

9 Describe your approach with respect to cooperation with NDUS staff, as necessary, in contingency planning activities. This includes planning, training, testing, activation and alternate site coordination.Response:Maintenance

1 Describe your preventative maintenance programs, including:a. List of activities, due dates and reports/recordsb. How the program encompasses OEM recommendationsc. Fully scripted preventative processd. Quality check for proper completion and resultse. How program is linked to and managed through change managementResponse:

2 Please provide a sample document of your detailed procedures for switching between redundant equipmentResponse:

3 Describe housekeeping policies, including:a. Computer floor maintained free of dirt and debris


b. Datacenter space free of combustibles, cleaning equipment, shipping boxes, or personal conveniences such as microwave/refrigerator

c. Housekeeping protocols in place to maintain a contaminant free datacenter environment

Response:4 Describe the maintenance management program, including:

a. Maintenance management system in use, such that maintenance is tracked (electronic, manual or mix)

b. Maintains list of installed equipment (make, model, manufacturer, year of install, vendor contact, warranty and operating specifications/manual).

c. Tracks periodic maintenance tools and partsd. Maintains performance/trend data, history of maintenance, spare information and,

where practical, calibration dataResponse:

5 Describe your process to for vendor support readiness, including:a. List of qualified vendors by system available for normal and emergency workb. Service Level Agreements outlining scope of work, PM schedules and expected

response time for critical vendorsc. Vendor call-in processes and points of contact for pre-approved and qualified

techniciansResponse:

6 Describe the failure analysis program, including:a. Maintained lists of all service outages, including root cause and lessons learnedb. Effective root cause analysis, lessons learned identification and corrective action

implementationc. Trending processes for performance monitoring and ticket processingResponse:Operations

1 Describe the provisioning process to fulfillment of datacenter adds/moves/changesResponse:

2 Describe your services and methodology relating to datacenter facility equipment maintenanceResponse:

3 Describe your central monitoring systemResponse:

4 Describe your process to monitor visual and auditory alarms on equipment.Response:

5 Describe your approach with respect to maintaining configuration management controls with respect to space, power and cooling in the NDUS datacenter, including policies/procedures to be enforced.Response:

6 Describe your vendor training including:a. Access requirements, work rules and housekeeping for the datacenter.Pre-job briefings on datacenter work rules with respect to work being performed.Response:

7 Describe the methods that reference materials are catalogued or maintained for library use:a. As-built documentation.b. Operating and maintenance manuals.c. Studies (soils, structural, environmental, electrical, mechanical, circuit, breaker, etc.)d. Commissioning reports and documentatione. Warranty information and maintenance agreements


f. Sequence of operation documentationResponse:

8 Describe the methods for how the above information is securely disseminated, including:a. Trainingb. Vendorsc. Designersd. Independent AssessorsResponse:Security

1 Describe your approach, including cooperation with NDUS staff as necessary, to establish and maintain effective access controls for physical accessResponse:

2 Describe your approach, including cooperation with NDUS staff as necessary, to establish and maintain effective access controls for logical accessResponse:

3 Describe your approach, including cooperation with NDUS staff as necessary, in how you perform:a. security awarenessb. security trainingc. maintenance of security recordsd. involvement with security groups and associationse. development of materials usedResponse:

4 Describe your approach, including cooperation with NDUS staff as necessary, in audit, risk and accountability activities. This includes:a. external assessmentsb. internal assessmentsc. development of policies/procedures for enforcement of auditable controlsResponse:

5 Describe your approach with respect to providing incident response, including policies/procedures, training, testing, handling, monitoring, reporting and assistance in planning.Response:

6 Describe your approach with respect to cooperation with NDUS staff, as necessary, for media protection policies/procedures, access, marking, storage, transport, sanitization, use and categorization.Response:

7 Describe your approach to cooperate, collaborate or manage; as necessary and the programmatic controls associated with: a. Information Security Program Plan b. Senior Information Security Officerc. Information Security Resources Plan of Action and Milestone Processd. Information System Inventorye. Information Security Measures of Performancef. Enterprise Architectureg. Critical Infrastructure Planh. Risk Management Strategyi. Security Authorization Processj. Mission/Business Process Definitionk. Insider Threat Programl. Information Security Workforcem. Operations Security Program


n. Testing, Training and MonitoringResponse:

8 Describe your approach with respect to establish and maintain a datacenter acceptable use plan/policy/procedureResponse:

9 Describe your approach with respect to cooperation with NDUS staff, as necessary, to maintain personnel security in accordance with the acceptable use plan/policy procedure.Response:Standards

1 Describe how your processes align with Uptime Institute Data Center Site Tier Standard – Operational SustainabilityResponse:

2 Describe how your processes align with TIA-942 Data Center StandardsResponse:

3 Describe how your processes align with SOC 2 and SOC 3 certificationResponse:

4 Describe your organizational approach to the following ITIL Service Transition processes a. Transition Planning and Supportb. Change Management (spans all ITIL areas)c. Service Asset and Configuration Management (spans all ITIL areas)d. Release and Deployment Management (spans multiple ITIL areas)e. Service Validation and TestingResponse:

5 Describe your organizational approach to the following ITIL Service Knowledge Management processes:a. Event Managementb. Incident Management c. Request Fulfillmentd. Problem Management e. Access ManagementResponse:

6 Describe your organization’s Service Desk implementation.Response:

Value-Added Features

The proposed solution may include value-added features. Value-added features include any functionality, products, services, optional modules, or upgrades that are not part of the requirements in this RFP. Describe any additional functionality, products, optional modules, upgrades or services that you offer and are not a part of the RFP requirements that you believe would add value to your proposed work on this project.

1. Offeror shall list the cost of value-added features separately in the cost proposal.2. NDUS shall not consider these costs as part of cost evaluation scoring.3. NDUS reserves the right to include value-added features from the proposals during

contract negotiations.

Optional package: Onsite datacenter manager, please describe your capability to provide staff to fulfill this role. Include details of their experience and educational background. Please include proposed staff resume(s).


B. Licensing1. Software Licensing . Proposals should describe any licensing that may be required for

NDUS. The offeror shall specifically outline the associated licensing and maintenance fees in the cost proposal.

2. Standard Operating Procedures (SOP) . Proposals should describe any licensing processes for SOPs should NDUS need to take back operations of the datacenter. The offeror shall specifically outline the associated licensing fees in the cost proposal.

C. Professional Services RequirementsFor each of the services, please describe your strategy for accomplishing the professional services in the Scope of Work. Provide a narrative describing the personnel that will perform the work and methods to be used.

1. Project Managementa. Describe your project management methodologyb. Provide a sample project plan and project schedule

2. Analysis & Design for taking over support operations3. Implementation Services for products required for support operations4. On-going Operations

D. Location of Work – TravelDescribe any workspace requirements or travel included in your proposal.

E. Risk Management and Safety RequirementsDescribe any risks you feel could impact a timely and fully successful completion of the transition project. Describe what measures will be taken to avoid or minimize these risks? Identify any additional measures the NDUS can take to mitigate these risks.

Describe any risks you feel could impact a successful on-going operations of the datacenter. Describe what measures will be taken to avoid or minimize these risks? Identify any additional measures the NDUS can take to mitigate these risks.

F. Project Management RequirementsThe offeror must:

1. Review all project management and large project oversight related information. Describe your strategy for accomplishing the Project Management Requirements described in section 3.2.F. of the Scope of Work.

2. Provide examples of project management methodologies, tools, and templates used in previous projects that support Offeror’ s ability to function successfully within North Dakota’s project management framework.

a. Project management methodologiesb. Quality management planc. Testing management pland. Work breakdown structure and schedule

G. Contract Schedule and DeliverablesOfferors must submit a draft schedule that addresses the deliverables and milestones for transition to the managed service. The proposed schedule may incorporate other deliverables, work products, milestones, or work breakdown that the offeror feels are significant in the project.

The draft work schedule will cover both Offeror and NDUS tasks and responsibilities. Describe any expectations from the NDUS related to each deliverable or milestone.


The schedule must contain a timeline in the number of days or weeks with start and stop dates for each phase.

Provide a detailed breakdown of Offeror’s expectations for NDUS resources that will be needed for the service, including number of staff, qualifications, roles and responsibilities and the percentage of time for each resource for the various phases of the transition.

Upon award, the successful Offeror’s proposed project schedule will be reviewed and refined during the planning phase.

Section 4 – Service Support and Customer Service RequirementsOfferors must provide a point-by point response to RFP Section 3, Scope of Work, Section 3.3, Service Support and Customer Service Requirements. Provide all requested information. Clearly describe how the proposed solution meets all requirements. Provide any additional information to fully explain the solution being proposed. Proposals must follow the same numbering used in the RFP. For example:

A. Service Level AgreementsDescribe your service level agreements (SLA), including such items as call-back time, response time for fixes, methods of contact, and escalation processes. Some items to consider in your response that may be relevant:

1. What are your technical support options?a. Offerors should anticipate that service level agreements shall be required and

specified by the NDUS prior to final contract awardb. Offerors are requested to propose their recommended Service Levels and

describe the value to the NDUS2. Is documentation available (i.e. online knowledge base help and user’s manuals, etc…)?

Please explain.3. Provide your problem resolution process diagram.4. Is your support staff located at a call center? If so, where?5. What are your support hours?6. What are your response times?7. Provide help desk employees’ qualifications.

B. Customer Service, Sales SupportDescribe the related customer service and sales support that your firm provides in conjunction with the products and/or services you are proposing. Some items to consider in your response that may be relevant:

1. Account representative experience with the products and services being offered2. Vendor process for handling customer inquiries and response time3. Ongoing strategic planning4. Reports related to technical support performance under the contract5. Initial training and start-up services6. Ongoing training programs

Section 5 – Experience and QualificationsAn Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Mandatory Requirement in RFP Section 3, Scope of Work, Subsection 3.4 Offeror Experience and Qualifications Mandatory Requirements.

A. Prior ExperienceDescribe the number of years the offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer.


B. Service TeamProvide a narrative or organizational chart that describes the organization of the proposed service team. Provide information for key team members, including:

1. Description of anticipated work they will perform and approximate estimated hours;2. Resume or description of the relevant education, training, experience, skills and

qualifications;3. If the offeror has vacant positions, identify the job description and minimum qualifications

for staff members offer plans to recruit.4. Subcontractors: If an offeror intends to use subcontractors, the offeror must identify in

the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State.

5. Joint Venture: If submitting a proposal as a joint venture, offeror must submit a copy of the joint venture agreement that identifies the parties involved and its rights and responsibilities regarding performance and payment.

Staffing and Organization1 Provide the following documentation:

a. Company organization chartb. Datacenter related job descriptionsc. Roles and Responsibility Matrix for datacenter activitiesDesignated key positions and

succession plan for eachResponse:

2 Describe staffing presence, including:a. Staff (FTE) available to oversee critical facility operationsb. Staff (FTE) available for on-site support; single shift for 5 days per weekc. Escalation and callout procedures for assigned staff and vendor support of critical

equipmentd. 24/7 method of support, such as on-site NOC, remote NOC or othere. Engineering or datacenter technician staff available for support of electrical,

mechanical, security, building management systems and controlsResponse:

3 Describe if you have a Registered Communications Distribution Designer (RCDD) and how that role will fit into your planResponse:

4 Describe the approach to establishing and maintaining personnel and organizational competence, including formal qualification and re-qualification for personnel working in the datacenter.Response:Describe datacenter staff training, including:a. On-the-job (OJT) training for new personnel with datacenter responsibilities for

equipment and overall datacenter working rulesb. Formal classroom, operational demonstration and/or drills for:

i. Policies and procedures for operations and maintenance in the datacenterii. Policies and procedures for working in the datacenteriii. Site configuration and change control processesiv. Standard operating proceduresv. Emergency operating proceduresvi. Method of procedure for support of preventive maintenancevii. Maintain management system.

Response:


C. ReferencesProvide three references for similar projects the offeror has completed. Offerors must include the name of a contact person, address, e-mail, and telephone number. Offerors are instructed to notify the reference that the NDUS will be contacting them. Evaluation will be impacted if the NDUS is unable to contact the reference or the reference does not timely provide the requested information.

Section 6 – Financials.Offeror shall provide financial information in such a manner that the NDUS can reasonably formulate a determination about the stability and financial strength of the organization. NDUS may request reports on financial stability from independent financial rating services in order to further substantiate stability.

A. FirmProvide a narrative with the following information:

1. Organization/date of incorporation;2. Ownership;3. Number of employees; and4. Revenues for the last fiscal year

B. FinancialsProvide at least one of the following:

1. Audited financial statements for the most recent 3 years;2. An Annual Report as verification of financial status provided it contains at a minimum a

Compiled Income Statement and Balance Sheet verified by a Certified Public Accounting firm (NDUS reserves the right to contact the accounting firm if questions arise); or

3. Tax returns and financial statements including income statements and balance sheets for the most recent 3 years, and any available credit reports.

C. DisclosureDisclose any and all judgments, pending or expected litigation, or other real potential financial reversals, which might materially affect the viability or stability of the Offeror’s organization; or certify that no such condition is known to exist.

Section 7 – Contract ProvisionsA. ContractOfferors shall review Contract – Attachment #3.

The proposal must include a copy of the Contract completed according to the instructions in the attachment.

Offerors are not to submit their own standard terms and conditions with their proposals. Offerors should address the specific language in the attached contract and submit any proposed changes or additional terms and conditions an offeror seeks to present for consideration by NDUS.

B. Proposed Additional TermsThe proposal may also include any proposed additional terms and conditions, such as a software licensing agreement or maintenance agreement.

Section 8 – Open Records and ConfidentialityThe state of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 44-04-18.4(6) . After award,


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proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential.”

Offerors must provide one of the following in their proposal:

Provide a statement indicating that their proposal does not contain any confidential information, or;

Make a written request to hold confidential any trade secrets and other proprietary data contained in its proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information. http://www.ag.nd.gov/OpenRecords/ORM.htm

If NDUS receives a request for public information, the procurement officer, in consultation with the NDUS Legal Counsel, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.3. COST PROPOSALCost proposals must be submitted in a separate sealed envelope clearly marked “Cost Proposal.” It must be a separate file in the electronic media.

Cost proposals must provide a total proposed cost for completing the requirements of this RFP. Include a detailed itemization of the cost proposal (e.g. breakdown of the project costs, direct and indirect expenses, total number of hours at various hourly rates, overhead, travel, etc.).

All costs must be stated in U.S. currency. Any commodities being imported must be identified, and the price must include any applicable customs, brokerage agency fees, and duties.

The offeror should describe any discount terms for prompt payment. Discounts for prompt payment will not be considered in evaluating costs.

Provide costs associated with any Value-Added Features included in your proposal response. Provide details related to initial costs, reoccurring costs, and options.

The offeror must complete the Cost Proposal – Attachment #1 or prepare a cost proposal following the same format.


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SECTION FIVE – PROPOSAL EVALUATION

5.0 AWARDNDUS intends to award a contract to the responsible offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be most advantageous in consideration of the RFP evaluation criteria.

5.1. EVALUATION CRITERIAProposals will be evaluated using a 100 point scale. The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 70 Points

A. Information Technology Solution –40 PointsB. Product Support and Customer Service – 10 PointsC. Experience and Qualifications – 20 Points

Cost Proposal Evaluation: 30 Points

5.2. PROPOSAL EVALUATIONA. Responsiveness

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. NDUS reserves the right to waive minor informalities. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other offerors.

Responsive proposals will be evaluated by the procurement officer or evaluation committee using the evaluation criteria stated in the RFP. The technical proposals evaluation score and cost proposal evaluation score will be added to determine the total evaluation score. After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and short-list the evaluation process to only those offerors. The final evaluation score will consider information received by NDUS, including but not limited to, discussions with offerors, demonstrations, presentations, site visits, reference checks, and best and final offers.

B. Responsibility

NDUS may, at any time, make a supplementary investigation as to the responsibility of any offeror. This investigation may include, but is not limited to, financial responsibility, performance record, or other matters related to the offeror’s probable ability to deliver if a contract is awarded to the offeror. The NDUS reserves the right to contact references, other customers, including state and local government agencies, regarding past experience with the offeror. If it is determined that an offeror appears not to be sufficiently responsible, the proposal will be rejected.

5.3. COST PROPOSAL EVALUATIONS – RECIPROCAL PREFERENCENDUS will calculate evaluation points awarded to cost proposals. Any prompt payment discount terms proposed by the offeror will not be considered in evaluating cost.

The cost amount used for evaluation may be affected by the application of North Dakota Preference laws in accordance with SBHE Policy 803.1(7).

After applying any reciprocal preference, the cost proposal with the lowest cost will receive the maximum number of points. Points awarded to other cost proposals will be calculated as follows:



5.4. CLARIFICATIONS OF OFFERORS – DISCUSSIONSIn order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or evaluation committee are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by the NDUS.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing offerors. Clarifications may not result in a material or substantive change to the proposal.

Discussions are generally conducted by telephone or internet-based conference.

5.5. RIGHT OF REJECTIONNDUS reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred bidders will be rejected. Proposals determined to be nonresponsive, to the requirements of the RFP will be rejected. NDUS reserves the right to reject the proposal of an offeror determined to be not responsible. NDUS reserves the right to refrain from making an award if determined to be in its best interest.

5.6. PRESENTATIONSOfferors whose proposals are determined to be reasonably susceptible for award may be required to provide a presentation for the evaluation committee. Offerors shall be responsible for all associated costs, including any travel and per diem.

Location: Internet based conference

Schedule: TBD

5.7. SITE INSPECTION OF FACILITYNDUS may conduct on-site visits to the offeror’s facility or facility of offeror’s customer where the offeror is performing similar work to evaluate the offeror's capacity to perform the contract. An offeror must agree, at risk of being found nonresponsive and having its proposal rejected, to provide NDUS reasonable access to relevant portions of its work sites. Individuals designated by NDUS shall conduct the site inspection at NDUS’s expense.

5.8. BEST AND FINAL OFFERSNDUS is not obligated to request best and final offerors; therefore, offerors should submit their best terms (technical and cost) in response to this RFP.

If NDUS determines there is a need for any additional information, substantial clarification or changes to the RFP or proposals, NDUS may request for best and final offers from offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested.

A date and time will be established for receipt of revised proposals. If an offeror does not submit a best and final offer, NDUS shall consider its original proposal as its best and final offer.

Best and final offers will be evaluated using the evaluation criteria stated in the RFP.

5.9. NEGOTIATIONSNDUS may enter into negotiations with one or more offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, the NDUS and offeror may agree to alter or otherwise change the terms and conditions and price of the proposed contract. Negotiation, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals.


The Offeror will be responsible for all costs, including any travel and per diem expenses.

Contract negotiations will be conducted primarily by e-mail, conference calls, or internet-based conference. Any on-site negotiation, if needed, will be held in Grand Forks, ND.

NDUS may terminate negotiations, reject a proposal as nonresponsive, and continue or commence negotiations with other offerors reasonably susceptible for award, if the offeror:

fails to provide necessary information for negotiation in a timely manner, fails to negotiate in good faith, is unable to successfully negotiate contract terms that are acceptable to NDUS, or indicates that it cannot perform the contract within the budgeted funds.

5.10. NOTICE OF INTENT TO AWARDAfter proposals have been evaluated and the successful offeror selected, notice of intent to award will be promptly issued to all offerors that submitted proposals. Upon issuance of this notice, the procurement file becomes an open record.

The successful offeror named in the Notice of Intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until the successful offeror and NDUS sign the contract.

5.11. CONTRACT APPROVALThis RFP does not, by itself, obligate NDUS. NDUS's obligation shall commence when NDUS signs the contract. Upon written notice to the contractor, NDUS may set a different starting date for the contract. NDUS shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by NDUS.


SECTION SIX – CONTRACT INFORMATION

6.0 NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUNDAs a public institution and government entity of the North Dakota University System (NDUS), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent NDUS from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these requirements occasionally make the process of negotiating a contract with NDUS more challenging than negotiating with a private industry business, these are not unique to any one institution of the North Dakota University System. These requirements apply to all public institutions and government entities of the state of North Dakota. Although some are unique to North Dakota, the majority of these requirements are common to public institutions and government entities throughout the United States.

6.1. CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGESNDUS intends to execute a contract substantially similar to the Contract – Attachment #3. The contractor must comply with the terms and conditions set forth in attached contract. Relevant North Dakota and SBHE procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from NDUS.

Proposals subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by NDUS.

Proposed terms and conditions that conflict with those contained in the attached contract or that diminish the NDUS’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract.

Part or all of this RFP and offeror’s proposal may be incorporated into the attached contract.

Proposed alternate language shall not be considered accepted by NDUS without NDUS’s written acceptance of such language. NDUS may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

NDUS instructs Offerors to contact the Procurement Officer in writing by the deadline set for questions in the RFP Schedule with any concerns regarding the contract provisions, including any proposed, alternate language.

6.2. CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES6.2.1. Indemnification and Insurance

N.D.C.C. § 32-12.2-17 requires that the Office of Management and Budget establish guidelines for indemnification and insurance provisions in state contracts. The indemnification and insurance requirements contained in the attached contract are pursuant to those guidelines. NDUS shall not be deemed to have accepted any alteration of these provisions without prior written approval to offeror from NDUS acting in consultation with NDUS general counsel.

Indemnification

Indemnification is a contractual clause by which one party to a contract asks the other party to defend it against any claims of third parties who might be injured as a result of something that occurs while the parties are performing their duties and obligations under the contract. Without specific authority and approval to do so, as outlined in SBHE Policy 840, NDUS


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institutions cannot enter into agreements indemnifying contractors, or any other entity, against third party claims.

Any clause that has the intent of indemnification, without using the words “indemnity” or “indemnify,” are not clauses to which NDUS may agree, except in conformity with SBHE Policy 840.

You are cautioned that NDUS will not agree to clauses to indemnify a contractor “to the extent permitted by law.” Two reasons exist for this position. First, NDUS knows that the extent to which the law permits it to indemnify contractors is to no or very limited extent, and it would therefore be disingenuous for NDUS to imply in a contract that there might be some set of circumstances under which NDUS would defend the contractor against a third party claim(s). Simply put, NDUS is not going to agree to something it knows it cannot do. Second, the “extent” clause is simply an invitation to litigate the matter in the event a third party claim(s) arises, and NDUS does not enter into agreements that invite litigation.

Insurance

Upon receipt of the Notice of Intent to Award, the successful offeror must obtain the required insurance coverage and provide the procurement officer with proof of coverage prior to contract approval. The coverage must be satisfactory to NDUS, in consultation with NDUS general counsel. The successful offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

6.2.2. Limitation of Liability

N.D.C.C. § 32-12.2-15 establishes that NDUS is prohibited from limiting direct damages, including those resulting from property damage or personal injury. Any request by an offeror for NDUS to limit direct damages is a request to which NDUS cannot agree. Waivers of Jurisdiction and Venue; Alternative Dispute Resolution

You are cautioned that the NDUS has limited authority to agree to the jurisdiction or the laws of another state or federal courts, and cannot do so except in consultation with NDUS general counsel. You are further cautioned that the NDUS has limited authority to contractually agree to alternative dispute resolution methods, and cannot agree to do so except in consultation with NDUS general counsel.

6.2.3. Confidentiality

All state agencies of North Dakota are subject to North Dakota public records laws. NDUS cannot agree to contractual terms that attempt to prevent it from having to disclose records that are declared public records under applicable statutes. Although some confidentiality and exemptions are allowed under the public records laws, NDUS may not agree to more restrictive obligations concerning its records. Under North Dakota public records laws, contracts are records that are open to the public and may be reviewed at the request of the public.

6.2.4. Unliquidated Expenses (i.e., attorney’s fees, add-ons, cost increases)

Because NDUS may only obligate those funds that have been appropriated to it by the Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated, NDUS will not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation.

6.3. SCOPE OF WORKThe Scope of Work agreed upon by the parties will be incorporated into the attached contract.


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6.4. CONTRACT TERMThe contract term will be set forth in contract, including any options for extension, renewal, and renegotiation.

6.5. COMPENSATIONCompensation and payment terms will be set forth in the contract based upon the successful offeror’s proposal.

6.6. LIQUIDATED DAMAGESThe contract may include a clause setting forth an actual dollar amount designated as liquidated damages in order to make NDUS whole if it suffers damages due to a contractor’s fault. The specific dollar amount for liquidated damages may be part of the negotiation process. The amount will be reasonable and not disproportionate to the damages to NDUS that are anticipated at the point of the contract and will not serve in any way as a penalty.

6.7. TAXESA contractor performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on material and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit its website at www.nd.gov/tax/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit its web site for more information.


http://www.nd.gov/tax/

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