Request for Proposal (RFP)

RFP No. 03182024

Next Generation Network Modernization

RFP RELEASE DATE: March 18, 202 4

MANDATORY PRE-Proposal Conference: March 25, 2024, 2:30 PM CST

MANDATORY PRE-Qualification Response DUE DATE: April 5, 2024, 2:30 PM CST

SUBMIT Pre-Qualification Response To: Kinzie Ameling at Email: kmshephe@uark.edu

Stephanie Haase-Good at Email: shaase@uark.edu

PROPOSAL DUE DATE: June 18, 2024*

PROPOSAL DUE TIME: 2:30 PM CST*

RFP OPENING EVENT: 2:30 PM CST

SUBMIT ALL PROPOSALS TO: By USPS:

University of Arkansas – Business Services

UPTW Room 101

1 University of Arkansas

Fayetteville, AR 72701

By FedEx, UPS or another private carrier to Physical Location:

University of Arkansas – Business Services

UPTW Room 101

1001 East Sain Street

Fayetteville, AR 72703

Signature Required For Proposal

Respondent complies with all articles of the Standard Terms and Conditions documents as counterpart to this RFP document, and with all articles within the RFP document. If Respondent receives the University’s purchase order, Respondent agrees to furnish the items and/or services listed herein at the prices and/or under the conditions as indicated in the RFP.

Respondent Name:
Mailing Address:
City, State, Zip:
Telephone:
Email:

Authorized Signature: _______________________________________ Date: ______________

Typed/Printed Name of Signor: ________________________________ Title: ______________

*Under no circumstances will late Proposals be accepted. Failure to deliver by overnight carriers or other such methods shall not be taken into consideration. Proposals MUST arrive and be time-stamped by the Procurement Office, located at:

University of Arkansas – Business Services

UPTW Room 101

1001 East Sain Street

Fayetteville, AR 72703

prior to the due date/time specified in the RFP. RESPONDENT NAME, RFP NUMBER, AND PROPOSAL DUE DATE MUST BE CLEARLY NOTED ON OUTSIDE OF PACKAGE IN ORDER FOR PROPOSAL TO BE ACCEPTED.

If planning to attend a proposal opening event, please arrive in the building lobby prior to 2:30pm CST.

In the event the University is closed to the public during a scheduled proposal opening event, virtual access will be provided. Information on joining a virtual proposal opening will be posted on HogBid prior to the proposal opening date.

INTERGOVERNMENTAL/COOPERATIVE USE OF COMPETITIVELY PROPOSAL PROPOSALS AND CONTRACTS:

In accordance with Arkansas Code Annotated § 19-11-249, any State public procurement unit, including any University of Arkansas System campus or unit, may participate in any contract resulting from this solicitation upon approval by the issuing agency and with a participating addendum signed by the contractor.

MINORITY AND WOMEN-OWNED BUSINESS (MWOB) POLICY:

It is the policy of the State of Arkansas to support equal opportunity as well as economic development in every sector. In accordance with the Minority and Women-Owned Business Economic Development Act, UA shall support to the fullest all possible participation of companies owned and controlled by minority persons and women in state-funded and state-directed public programs and in the purchase of goods and services to meet an annual goal of fifteen percent (15%) of the total expended.

Pursuant to Ark. Code Ann. § 19-11-229, 19-11-230 the State of Arkansas encourages all small, minority, and women owned business enterprises to submit competitive sealed proposals and proposals for University projects. Encouragement is also made to all general contractors that in the event they subcontract portions of their work, consideration is given to the identified groups.

A. Minority-Owned Business is defined by Arkansas Code Annotated § 15-4-303 as a business that is at least fifty-one percent (51%) owned by one (1) or more minority persons who are lawful permanent residents of the State of Arkansas:

• African American

• Hispanic American

• American Indian

• Pacific Islander American

• Asian American

• A Service-Disabled Veteran as designated by the United States Department of Veterans Affairs

B. Women-Owned Business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of the State of Arkansas.

C. Eligibility and Certification

The Arkansas Economic Development Commission (AEDC) conducts a certification process for minority-owned and women-owned businesses. Increase the opportunity for your minority or women-owned business to sell products and services to the State of Arkansas: https://www.arkansasedc.com/community-resources/Minority-and-Women-Owned-Business-Enterprise-Resources/detail/get-certified . Certification indicates that your company has undergone a review process to show that it is 51% or more owned, controlled and operated by a minority or woman as defined above. Certification is granted for two years and allows participation in the procurement process as a MWOB.

If certified, the Prospective Contractor’s Certification Number should be included on the Proposal/Response Signature Page.

D. Recommended Resources

• Doing Business with UA

o Vendor registration: https://businessservices.uark.edu/doing-business-at-university.php

• Doing Business with the State

o Registering your company with the Office of State Procurement as a vendor allows you to do business with the State of Arkansas: https://www.dfa.arkansas.gov/procurement/vendor-information/

o Arkansas Procurement Technical Assistance Center assists Arkansas small businesses to succeed in obtaining government contracts: https://www.uaex.edu/business-communities/arkansas-ptac/default.aspx

General Campus Background for University of Arkansas

Founded in 1871 as a land-grant institution, the University of Arkansas, Fayetteville Arkansas (UA), is the flagship campus of the University of Arkansas System. Our students represent all 50 states and more than 120 countries. The UA comprises 10 colleges and schools offering an internationally competitive education for undergraduate and graduate students in more than 270 academic programs. The UA contributes new knowledge, economic development, basic and applied research, and creative activity while also providing service to academic and professional disciplines. As of Fall 2023, student enrollment totaled approximately 32,140. The faculty count totaled 1,490 and the staff count totaled 3,350. The UA is one of the nation’s top public research universities and the state’s foremost partner and resource for education and economic development. Its public service activities reach every county in Arkansas, throughout the nation, and around the world. The Carnegie Foundation classifies the UUAA among only 3 percent (3%) of universities in America that have the highest level of research activity.

1. DESCRIPTION AND OVERVIEW OF RFP

The University of Arkansas, Fayetteville (“UA”) is conducting a request for proposal process (“RFP”) to select a Value Added Reseller (“VAR”) and an Original Equipment Manufacturer(s) (“OEM”) for UA’s Next Generation Network (“NGN”). The goal of the NGN is to advance UA’s strategic goal to Adopt a service-first culture that provides secure, agile, resilient network services that are centrally managed with sustainable funding, and reduces risk. UA operates a large multi-vendor network supporting a variety of campus constituents, including students, faculty, staff, researchers, guests, and third-party vendors and partners, among others. The NGN program is a foundational infrastructure migration to modernize and unify the network architecture to achieve advanced capabilities, including:

• Improved segmentation of the campus network serving different constituent groups (e.g., administrative campus network computing vs. secure research enclaves for NIST 800-171 compliance vs. student residential Wi-Fi-centric commodity internet, etc.)

• Identity-based networking to manage access control and policy enforcement for all campus network users

• Comprehensive centralized network management supporting automation and orchestration of network configuration, user experience monitoring, and rapid fault detection and resolution

• Seamless deployment of hybrid cloud infrastructures to extend and assure network controls, data center applications and workloads, and evolving secure access service edge (SASE) capabilities

• Integration with existing information security toolsets and extended capabilities to rapidly detect and respond to security events

• Frameworks for third-party support of design, deployment, and operations of network and security capabilities

There are two phases to the process. Phase I will consist of a mandatory pre-qualification process through the submission of Attachment I to this RFP. In Phase II, Value Added Resellers who have been pre-qualified will be invited to participate in Phase II and to submit a comprehensive technical and financial response to the requirements in this document and will conclude with an intent to select VAR/OEM solution that best meets UA needs.

Phase I – Required Pre-Qualification: Interested Value Added Resellers (VARs) are required to provide information and/or data that will be scored by UA as described in Attachment I. The scores for all sections shall be totaled by UA for all interested parties. UA intends to invite up to five (5) VARs with the highest scores to submit a proposal in response to Phase II of this RFP. No person or VAR shall submit a Phase II proposal to UA unless and until it has received a written invitation from UA to do so; a party's failure to comply with the provisions of this paragraph shall render such party's proposal non-responsive, and such proposal shall be rejected. Any Phase II proposal received from a VAR not invited as a pre-qualified VAR will not be considered.

• Reference Attachment I – Pre-Qualifications

Phase II - Proposal Response

Respondents must provide a response to each technical and non-technical question in Attachment II and respond to technical specifications in Attachment III.

• Reference Attachment II Technical and Non-Technical Questions

• Reference Attachment III Technical Specifications

2. SCOPE OF WORK

UA intends to move to NGN over a 4 to 5 year time frame. UA currently has approximately 44,000 wired network ports, and 7,300 wireless access points. The scope includes hardware, software, professional services, and management tools. The professional services may include elements such as planning, design, development, programming, pilot testing, implementation, commissioning, and ongoing support. The technologies listed in Table II are expected to be included in the selection process.

Table II Current UA Networking Environment
Technology In Scope	Current OEM
Wireless networking
Controller/cloud	Aruba Cisco (Sports Technology Infrastructure)
Access Points	Aruba Cisco (Sports Technology Infrastructure)
Wired networking
Core	Juniper
Distribution	Juniper
Access	Aruba
Border (WAN)	Juniper
Data center network	Juniper
Network Management Infrastructure
IP Address Management (IPAM) system	Infoblox
Network Management system	LogicMonitor
Security Infrastructure
Firewalls	Palo Alto
Network Access Control system	ClearPass
Security Information and Event Mgmt. (SIEM) system	Microsoft Sentinel
Network TAP & Intrusion Detection System	Future

3. COSTS / PRICING

Respondents must provide detailed/itemized retail pricing for each individual component, and/or the overall system, as listed on the Official Proposal Price Sheet provided within this RFP document:

• Reference Appendix I Official Proposal Price Sheet

• Reference Attachment IV Official Proposal Sheet for response format.

If pricing is dependent on any assumptions identify them in the Official Proposal Sheet, in column K of the response spreadsheets.

Any additional pricing lists should remain attached to the Official Price Sheet for purposes of accurate

evaluation. Pricing must be valid for one hundred twenty (120) days following the Proposal due date

and time. Upon proposal award, all pricing and/or discounts must be firm for a period of two and a half (2 1/2) years.

UA will not be obligated to pay any costs not identified on the Official Price Sheet. Respondents

must certify that any costs not identified by the Respondent, but subsequently incurred in order to achieve

successful operation of the service, will be borne by the Respondent. Failure to do so may result in

rejection of the Proposal.

4. RESPONDENT REFERENCES See Attahment I – Pre-Qualification for submitting references.

5. MANDATORY PRE-PROPOSAL

A mandatory conference call will be held by the University of Arkansas on the date, time, and through means as specified on the cover sheet of this RFP document. The purpose of the conference will be to provide a forum for proposers to obtain clarification about the Pre-Qualification process and the Proposal process.

Questions should be submitted to the contact listed below in advance of the scheduled conference for preparation purposes to make the best use of time during discussion. Respondents who anticipate responding to this RFP are required to participate in this pre-proposal conference to discuss information and clarifications. Proposals will NOT be considered from Respondents who have not participated in the mandatory pre-proposal conference.

To participate in the mandatory pre-proposal meeting, provide contact information to Kinzie Ameling, Contract Manager, kmshephe@uark.edu and cc Stephanie Haase-Good, shaase@uark.edu no later than 2:30 PM CST, March 22, 2024. That information will be used to create a MS Teams invitation.

Kinzie Ameling, Contract Manager

Email: kmshephe@uark.edu

Stephanie Haase-Good

Email: shaase@uark.edu

6. RESPONDENT’S RESPONSIBILITY TO READ RFP

It is the Respondent's responsibility to thoroughly examine and read the entire RFP document, including any and all appendices. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of goods and work involved will not be a basis for requesting extra compensation after the award of a Contract. This engagement is separate from any other engagement proposer may be currently pursuing with the University of Arkansas. Interpretation by and of the University of Arkansas is final.

7. PROJECTED TIMETABLE OF ACTIVITIES

The schedule in Table I will apply to this RFP, but may change in accordance with the UA's needs:

Table I – Schedule of Events
Solicitation Milestones	Dates
1. UA publishes and advertises RFP Solicitation	March 18, 2024
1. Conduct Pre-proposal call	March 25, 2024
VAR submits response to Attachment I Pre-Qualification. The response must be received no later than 2:30 P.M. CST	April 5, 2024
1. UA completes evaluation of pre-qualification responses	April 19, 2024
1. Conduct call with each VAR and send confirming email to notify if selected to proceed through the RFP Process.	April 24, 2024
1. Deadline for Questions from VARs	April 26, 2024
1. Conduct call with each VAR team leader to review intent of Conceptual Review and agenda	April 29, 2024
1. UA releases answers to questions from VARs	May 6, 2024
1. Conceptual Reviews - will be limited to four hours each and will be held via web-conference. The purpose of this meeting is for the VAR to explain their understanding of the UA requirements, present their conceptual technology and design alternatives, and to clarify questions with UA. These Conceptual Reviews are individual meetings between each VAR and UA. This is the opportunity for the VAR to confirm their understanding about what UA is trying to achieve and for the VAR to present the platform and associated systems they intend to propose and how they would design and implement the System. No pricing is expected during this Conceptual Review and pricing will be evaluated during the Technical and Financial Review as outlined below. However, pricing concepts and alternatives may be discussed along with the format for submission of price details. UA will set the meeting date and time with each VAR	May 15-16, 2024
1. UA supplies answers to questions from Conceptual Reviews	May 22, 2024
1. VARs submit final questions no later than this date.	May 24, 2024
1. UA provides final answers to questions submitted by VARs	May 31, 2024
1. Proposal submission. The response must be received no later than 2:30 P.M. CST.	June 18, 2024
1. UA completes preliminary evaluation of proposals no later than	July 9, 2024
1. Technical and Financial Reviews. These reviews will be limited to four hours each and will be held via web-conference. This meeting allows UA to review its understanding of the VAR’s technical and cost proposal. These are individual meetings between each VAR and UA. Equipment, licensing, and professional services costs along with design will be discussed in the meeting enabling UA to verify that UA has interpreted the VAR’s costs and system designs properly. UA will set the meeting date and time with each VAR.	July 10-12, 2024
1. UA will provide VARs with follow-up questions	July 15, 2024
1. VARs submit clarifications to the original submission accommodating specific requests made by UA during Technical and Financial Reviews.	July 19, 2024
1. Follow-up web-conference with each VAR to review final technical and financial interpretation. UA will set the meeting date and time with each VAR.	July 23-24, 2024
1. UA will complete final evaluation no later than	July 29, 2024
1. Notice of intent to award	TBD

*UA places a value on all elements of this RFP. As such, after evaluation of Proposals and selection of Contractor(s), the UA reserves the right to further negotiate with the selected respondent on any or all elements, and to award accordingly.

8. CONTRACT TERM AND TERMINATION

The term (“Term”) of any resulting Contract will begin upon date of Contract award.  If mutually agreed upon in writing by the Contractor and UA, the term shall be for an initial period of five (5) years, with option to renew at the end of the contract term for two (2) additional years, for a combined total of seven (7) years (or 84 months). The University of Arkansas may terminate this Agreement without cause, at any time during the Term (including any renewal periods), by giving the other party thirty (30) days advance written notice of termination. Additionally, in the event of non-appropriation of funds necessary to fulfill the terms and conditions of this Agreement during any period of the Term (including any renewal periods), the parties agree that this Agreement shall automatically terminate without notice.

a) If at any time the services become unsatisfactory, UA will give thirty (30) days written notice to the Contractor. If at the end of the thirty (30) day period the services are still deemed unsatisfactory, the Contract shall be cancelled by UA, Office of Business Affairs. Additionally, the Contract may be terminated, without penalty, by UA without cause by giving thirty (30) days written notice of such termination to Contractor.

b) Upon award, the agreement is subject to cancellation, without penalty, either in whole or in part, if funds necessary to fulfill the terms and conditions of this Contract during any biennium period of the Term (including any renewal periods) are not appropriated.

c) In no event shall such termination by UA as provided for under this section give rise to any liability on the part of UA, its trustees, officers, employees or agents including, but not limited to, claims related to compensation for anticipated profits, lost business opportunities, unabsorbed overhead, misrepresentation, or borrowing. UA’s sole obligation hereunder is to pay Contractor for services ordered and received prior to the date of termination.

The terms, conditions, representations, and warranties contained in the Contract shall survive the termination of the Contract.

9. GENERAL INFORMATION FOR RESPONDENTS

9.1 Distributing Organization

This RFP is issued by the Office of Business Affairs at UA. The University Purchasing Official is the sole point of contact during this process. Only written communication is considered formal and can be supported throughout this process.

Respondent Questions and Addenda: Respondent questions concerning all matters of this RFP should be sent via email to: Kinzie Ameling, Contract Manager at Email: kmshephe@uark.edu and Stephanie Haase-Good at Email: shaase@uark.edu

Questions received via email will be directly addressed via email, and compilation of all questions and answers (Q&A), as well as any revision, update and/or addenda specific to this RFP solicitation will be made available on HogBid, the UA bid solicitation website: http://hogbid/ . During the time between the proposal opening and contract award(s), with the exception of Respondent’s questions during this process, any contact concerning this RFP will be initiated by the issuing agency and not Respondent. Specifically, the persons named herein will initiate all contact.

Respondents shall not rely on any other interpretations, changes, or corrections. It is Respondent's responsibility to thoroughly examine and read the entire RFP document and any Q&A or addenda to this RFP. Failure of Respondents to fully acquaint themselves with existing conditions or information provided will not be a basis for requesting extra compensation after the award of a Contract.

9.2 Agency Employees and Agents

Contractor shall be responsible for the acts of its employees and agents while performing services pursuant to the terms of any Contract. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons or property while on the UA premises. Contractor shall be responsible for all damages to persons or property on and off campus caused solely or partially by Contractor or any of its agents or employees. Contractor’s employees shall conduct themselves in a professional manner and shall not use UA’s facilities for any activity or operation other than the operation and performance of services as herein stated. UA reserves the right to deny access to any individual. The following conduct is unacceptable for Contractor’s employees and agents: foul language, offensive or distasteful comments related to age, race, ethnic background or sex, evidence of alcohol influence or influence of drugs, refusal to provide services requested, refusal to make arrangements for additional services needed and general rudeness. Contractor shall require standard criminal background checks on all employees of the Contractor’s business in advance of the performance of any on-campus duties. Employees whose background checks reveal felony convictions of any type are to be either removed from all support activities on the UA campus or reported to UA for review and approval in advance of the performance of any on-campus duties.

9.3 Tobacco Free Campus

Smoking and the use of tobacco products (including cigarettes, e-cigarettes, cigars, pipes, smokeless tobacco, and other tobacco products) by students, faculty, staff, contractors, and visitors, are prohibited at all times on and within all property, including buildings, grounds, and facilities, owned or operated by UA, including all vehicles on UA property.

9.4 Disputes

Contractor and UA agree that they will attempt to resolve any disputes in good faith. Contractor and UA agree that the State of Arkansas shall be the sole and exclusive jurisdiction and venue for any litigation or proceeding that may arise out of or in connection with any Contract. The Respondent acknowledges, understands and agrees that any claims, demands, suits, or actions for damages against UA may only be initiated and pursued in the Arkansas Claims Commission, if at all. Under no circumstances does UA agree to binding mediation or arbitration of any disputes or to the payment of attorney fees, court costs or litigation expenses.

9.5 Conditions of Contract

Contractor shall at all times observe and comply with federal and Arkansas State laws, local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of the Contract which in any manner affect the completion of work. Contractor shall indemnify and hold harmless UA and all its trustees, officers, employees, volunteers, students, and agents against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor of the Contractor.

To the extent Contractor shall have access to, store or receive student education records, Contractor agrees to abide by the limitations on use and re-disclosure of such records set forth in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99. Contractor agrees to hold student record information in strict confidence and shall not use or disclose such information except as authorized in writing by UA or as required by law. Contractor agrees not to use the information for any purpose other than the purpose for which the disclosure was made. Upon termination, Contractor shall return all student education record information or provide evidence that it was destroyed within thirty (30) days.

Compliance with digital accessibility standards. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals with disabilities with access to information technology purchased in whole or in part with state funds. Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web‐based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with disabilities.

ACCORDINGLY, CONTRACTOR SHALL EXPRESSLY REPRESENT AND WARRANT to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (“VPAT”) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web‐based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

‐ Providing, to the extent required by Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non‐visual means;

‐ Presenting information, including prompts used for interactive communications, in formats intended for non‐visual use;

‐ After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired;

‐ Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

‐ Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;

‐ Integrating into networks used to share communications among employees, program participants, and the public; and

‐ Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

If the information technology product or system being offered does not completely meet these standards, the Respondent must provide an explanation within the VPAT detailing the deviation from these standards.

State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. If products are reasonably available that meet some but not all of the standards, the agency must procure the product that best meets the standards or provide written documentation supporting selection of a different product, including any required reasonable accommodations.

For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2019.

If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

9.6 Contract Information

Respondents should note the following regarding the State’s contracting authority and amend any documents accordingly. Failure to conform to these standards may result in rejection of Respondent’s proposal:

A. The State of Arkansas may not contract with another party to perform any of the following:

1. Pay any penalties or charges for late payment or any penalties or charges which in fact are penalties for any reason.

2. Indemnify or defend that party for liability or damages. Under Arkansas law UA may not enter into a covenant or agreement to hold a party harmless or to indemnify a party from prospective damages.

3. Pay all sums that become due under a contract upon default.

4. Pay damages, legal expenses, attorneys’ fees or other costs or expenses of any party.

5. Conduct litigation in a place other than the State of Arkansas.

6. Agree to be subject to or bound by governing law, jurisdiction, or venue of any state, country or province other than the State of Arkansas.

7. Agree to any provision of a contract that violates the laws or constitution of the State of Arkansas.

B. A party wishing to contract with UA should:

1. Remove any language from its contract which grants to it any remedies other than:

• The right to possession.

• The right to accrued payment.

• The right to expenses of de-installation.

2. Include in its contract that the laws of the State of Arkansas govern the contract and that the State of Arkansas is the exclusive jurisdiction and venue for any and all claims, disputes, actions or suits between the parties or related to the Contract.

3. Include in its Contract that the UA is an instrumentality of the State of Arkansas entitled to sovereign immunity from suit and that all claims, demands, suits, or actions for loss, expense, damage, liability or other relief, either at law or in equity, against UA or its trustees, officers, employees, volunteers, students, agents or designated representatives acting within the official scope of their position, must be brought before the Claims Commission of the State of Arkansas.

4. Include in its Contract all other terms and conditions stated in this RFP.

5. Acknowledge in its contract that contracts become effective when awarded by UA Purchasing Official.

9.7 Reservation

This RFP does not commit UA to award a contract, to pay costs incurred in the preparation of a Proposal to this request, or to procure or contract for services or supplies. UA reserves the right to accept or reject (in its entirety), any Proposal received as a result of this RFP, if it is in the best interest of UA to do so. In responding to this RFP, respondents recognize that UA may make an award to a primary Respondent; however, UA reserves the right to purchase like and similar services from other agencies as necessary to meet operation requirements.

9.8 Qualifications of Respondent

UA may make such investigations as deems necessary to determine the ability of Respondents to meet all requirements as stated within this RFP, and Respondent shall furnish to UA all such information and data for this purpose that UA may request. UA reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Respondent fails to satisfy UA that such Respondent is properly qualified to carry out the obligations of the Contract.

9.9 Non Waiver of Defaults

Any failure of UA at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of the Contract shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of UA at any time to avail itself of same.

9.10 Independent Parties

Contractor acknowledges that under the Contract it is an independent contractor and is not operating in any fashion as the agent of UA. The relationship of Contractor and UA is that of independent contractors, and nothing in this contract should be construed to create any agency, joint venture, or partnership relationship between the parties.

9.11 Governing Law

This RFP, any resulting Contract and all performance thereunder, transactions and subsequent amendments thereto between Respondent(s) or Contractor(s) and UA shall be governed and construed in all aspects in accordance with the laws of the State of Arkansas without regard to its choice of law principles (including without limitation any and all disputes, claims, counterclaims, causes of action, suits, rights, remedies, promises, obligations, demands, and/or defenses related thereto that may be asserted by either party). The parties agree that the State of Arkansas shall be the sole and exclusive venue and jurisdiction for any litigation or proceeding that may arise out of or in connection with this RFP or any Contract with UA. The parties waive any objection to the laying of jurisdiction and venue of any claim, action, suit or proceeding arising out of the Contract or any transaction contemplated hereby, in the State of Arkansas, and hereby further waive and agree not to plead or assert that any claim, action, suit or proceeding has been brought in an inconvenient forum. Nothing contained herein shall be deemed or construed as a waiver of any immunities to suit available to UA or its trustees, officials, employees and representatives. In no event shall UA or any of its current and former trustees, officials, representatives and employees (in their official or individual capacities) be liable to Respondent(s) or Contractor(s) for special, indirect, punitive, or consequential damages, attorneys’ fees or costs or any damages constituting lost profits or lost business opportunities.

9.12 Proprietary Information

Proprietary information submitted in response to this proposal will be processed in accordance with applicable UA procurement procedures. All material submitted in response to this RFP becomes the public property of the State of Arkansas and will be a matter of public record and open to public inspection subsequent to proposal opening as defined by the Arkansas Freedom of Information Act. Respondent is hereby cautioned that any part of its proposal that is considered confidential, proprietary, or trade secret, must be labeled as such and submitted in a separate envelope along with the proposal, and can only be protected to the extent permitted by Arkansas law.

Note of Caution:  Respondents should not attempt to mark the entire Proposal as "proprietary" or submit letterhead or similarly customized paper within the proposal to reference the page(s) as "Confidential" unless the information is sealed separately and identified as proprietary.  Acceptable proprietary items may include references, resumes, and financials or system/software/hardware manuals. Costs and pricing terms are not considered as proprietary.

9.13 Disclosure

A. Contract and Grant Disclosure

Disclosure is a condition of the resulting Contract and UA cannot enter into any contract for which disclosure is not made. Arkansas’s Executive Order 98-04 requires all potential contractors disclose whether the individual or anyone who owns or controls the business is a member of the Arkansas General Assembly, constitutional officer, state board or commission member, state employee, or the spouse or family member of any of these. If this applies to Respondent’s business, Respondent must state so in writing.

B. Respondent Conflict of Interest Form

Only when applicable, for any RFP that requires the disclosure of existing conflict of interest circumstances, Respondent should complete the Bidder Conflict of Interest Form and submit with Proposal. It is the responsibility of Respondent desiring to be considered for a proposal award to complete and return this form, along with the Contract and Grant Disclosure and Certification Form. The purpose of these forms is to give Respondent an opportunity to disclose any actual or perceived conflicts of interest. The determination of UA regarding any questions of conflict of interest shall be final.

9.14 Proposal Modification

Proposals submitted prior to the Proposal opening date may be modified or withdrawn only by written notice to UA. Such notice must be received by the UA Purchasing Official prior to the time designated for opening of the Proposal. Respondent may change or withdraw the Proposal at any time prior to Proposal opening; however, no oral modifications will be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Proposal that are addressed in the same manner as the Proposal and that are received prior to the scheduled Proposal opening time will be accepted. The Proposal, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope that is clearly marked with the RFP number and “Modification of Proposal”. No modifications of the Proposal will be accepted at any time after the Proposal due date and time.

9.15 Prime Contractor Responsibility

Single and joint Respondent proposals and multiple proposals by Respondents are acceptable. However, the selected Respondent(s) will be required to assume prime contractor responsibility for the Contract and will be the sole point of contact with regard to the award of this RFP.

9.16 Period of Firm Proposal

Prices for the proposed services must be kept firm for at least one hundred twenty (120) days after the Proposal Due Date specified on the cover sheet of this RFP. Firm Proposals for periods of less than this number of days may be considered non-responsive. The Respondent may specify a longer period of firm price than indicated here. If no period is indicated by the Respondent in the Proposal, the price will be firm for one hundred twenty (120) days or until written notice to the contrary is received from the Respondent, whichever is longer.

...