Contents
Introduction
Example RFP – (LMS – Learning Management System Based Example)
Statement of Work
Nondisclosure Agreement
Data and Information Ownership and Custodian Reciprocal Agreement
Service Level Agreement
Satisfaction Factors Template
Memorandum of Understanding
Third Party Due Care Checklist
Associated BUSTECHGA Course Offerings
Building Security Into Contractual Agreements: Bid Specifications, SLAs and MOUs
Building Security Into Contractual Agreements: SLAs and MOUs
About the Author
Introduction
This module is a supplement to Module 18 for those looking for examples of forms including form templates.
Example RFP – (LMS – Learning Management System Based Example)
Module 18
Vendor Management Forms
General InformationPB&G ENTERPRISES (Customer) is soliciting proposals for new Learning Management System / LMSsystems for their organization, which provides services to its member credit unions. The intent of this Request for Proposal (RFP) document is to secure under contract all materials, engineering, equipment, installation, supervision, and training services to implement this new system to meet the business requirements detailed in this RFP.
A vendor, by submitting the bid, represents that they possess the capabilities, hardware, software and personnel necessary to provide an efficient and successful installation of properly operating systems.
RESPONSES TO THIS RFP WILL CONSTITUTE AN INTEGRAL PART OF THE FINAL CONTRACT TO BE NEGOTIATED WITH THE SUCCESSFUL VENDOR.
Vendors are requested to confirm/update their firm’s name, address, information, and primary contact below in the space provided.
Company Name
Street Address
City, State and Zip Code
Primary Contact Name & Title
Phone Numbers
Email address
Website
Bid Instructions and Guidelines
All respondents to this RFP must agree to the terms and conditions of this section. Vendors must meet the requirements and specification details contained in this RFP and any addenda that may be issued by PB&G ENTERPRISES Any exceptions must be noted in your response.
Prior to submitting bids, each vendor is requested to carefully consider the amount and character of the work to be done as well as the difficulties involved in its proper execution. Vendors should include in their bids all costs deemed necessary to cover all contingencies essential to successfully installing the specified systems. Any cost not specifically itemized in the proposal shall not be incurred unless specifically agreed upon, in writing. No claims for compensation will be considered or allowed for extra work resulting from lack of knowledge of any existing conditions on the part of the vendor.
Ownership - All copies of this request, and all proposals and attachments will remain the property of PB&G ENTERPRISES. Vendors may copy this document for the purpose of responding to this request. All copies of this document must be returned to PB&G ENTERPRISES upon request. Submitted proposals are to be considered the property of PB&G ENTERPRISES and will not be returned.
Implied Offer to do Business - This RFP is not an offer to enter into an agreement with any party, but rather a request to receive proposals from entities interested in providing services outlined within. PB&G ENTERPRISES or any affiliate, subsidiary, etc. shall not be obligated for the payment of any sums whatsoever to any recipient of this RFP, nor shall PB&G ENTERPRISES be under any obligation to any such recipient in any manner whatsoever with regard to the subject matter of this RFP, until and unless a formal written agreement is executed by PB&G ENTERPRISES.
Presentation - Selected vendors, at PB&G ENTERPRISES’s discretion, may be asked to provide a formal proposal presentation and or demonstration. A requested presentation or demonstration will not imply a commitment or award. Should a presentation be requested, PB&G ENTERPRISES may provide vendor with a defined format or outline.
Incurred Costs - Vendor shall bear its own costs and expenses. PB&G ENTERPRISES will not be responsible for any costs incurred by a vendor in preparing, delivering or presenting responses to this RFP, unless otherwise agreed to in writing by the vendor and PB&G ENTERPRISES.
Confidentiality / Non-Disclosure – All information about PB&G ENTERPRISES and affiliates, subsidiaries, etc., and their marketing data/plans, peripherals, supplies and service purchases is proprietary. This RFP and its contents are confidential and may not be disclosed to any third party without prior written consent of PB&G ENTERPRISES. Likewise, the contents of vendor’s proposal and all documentation will be held in confidence by PB&G ENTERPRISESand their consultants and may not be disclosed to any third party without prior written consent of vendor. This section shall not act to supersede any non-disclosure agreement in place between PB&G ENTERPRISES and vendor. All mutual proprietary agreements are hereby incorporated by reference.
During the period from now until a contract is awarded, all communications shall be with Pooka Bear of PB&G Enterprises, with a copy to Godiva of PB&G ENTERPRISES.
Modifications to RFP Specifications - PB&G ENTERPRISES reserves the right, at any time, to amend, supplement, withdraw or otherwise change this RFP. Addenda or amendments will be emailed or faxed to all vendors who have been provided copies of the RFP. If revisions are of such a magnitude,in the Customer’s opinion, to warrant the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.
No modification or interpretation of the specifications other than through the issuance of addenda will be binding upon the Customer. Vendors must notify PB&G Enterprises as soon as possible of any omissions or errors in the specifications so that those corrective addenda may be issued. PB&G Enterprises must receive such notification within seven (7) calendar days of the issuance of the RFP.
Questions Regarding this RFP - All questions regarding this RFP must be submitted in writing at any time on or before HH:MM mmddyyyy. Questions are to be submitted via email toPB&G Enterprises at proposal@pb&genterprises.com. If requested, an email reply confirming the receipt of your email will be generated.
We will make every attempt to respond to questions as quickly as possible. If the questions affect the RFP Specifications, any new information or changes to this RFP will be sent to all vendors as time permits.
Due Date for Bid Submittal - The vendor must provide signed hard copies andelectronic soft copies of their complete bid to the individuals specifiedin this section. Bidsare to be submitted for review, notformally presented, unless so requested by either Customer or Consultant.
Submissions must be received or have a postmark
No Later than hh:mm on mmddyyyy
The Bid Submittal Deadline is Firm and Will Not Be Extended. Failure to provide a response by the date and time specified at the location as stated may result in the disqualification of that vendor from further consideration. It is vendor’s responsibility to ensure their responses are delivered to the exact location specified below by the date and time specified. Please deliver your proposal to the following:
Pooka Bear
President
PB&G Enterprises
100 Wheaton Drive
Anytown, Fl 99999
Withdrawal of Bid Response - Withdrawal of bid response will not be allowed for a period of 60 days following the bid deadline. Should you withdraw your bid, you will not be allowed to submit another bid for this project.
Right to Reject Bid - PB&G ENTERPRISES has the right to reject any and all bids, such as a bid not accompanied by the data required by this RFP, a bid that is non-compliant, or for reasons only known to PB&G ENTERPRISES and their telecommunications consultants.
Bid Format - Bids must be submitted on these forms (the RFP document will be provided electronically). All entries made by the vendor to the RFP document must be in a color other than black so as to be conspicuous. Attachments do not need to be in color as long as they are appropriately labeled as an attachment. All bids must be formatted for 8 1/2 x 11 inch paper .
All bid responses must be precise, to the point, and follow the form of this RFP. The complete proposal must include this document with point-by-point responses to the RFP and all other materials requested in the RFP. All questions asked in the RFP must be answered fully and concisely. If a question is redundant, please answer it again. Avoid ambiguous phrases like “all reasonable effort”.
Alternatives to the specification will be considered and evaluated, but only if they are in addition to, and not in place of, the stated requirements. Any exception must be clearly specified as such and the Customer reserves the right to reject any bids that do not comply with this instruction.
Each question must be responded to completely. References to other documents that are not included as part of the appendix will not be accepted.
Please do not include promotional materials unless they add substance to vendor’s proposal. Vendors are cautioned that proposals that do not conform to the guidelines required by this RFP will be subject to rejection without a complete review.
Clarification and Interpretation of RFP - The words "must" or "will" in this Request for Proposal (RFP) indicate mandatory requirements. Taking exception to any mandatory requirement may be grounds for rejection of the proposal. There are other requirements that PB&G ENTERPRISES considers critical but not mandatory. Therefore, it is important to respond in a brief but concise manner to each section of this document.
Indicate the level of compliance as follows:
Acknowledge – The vendor has read and understood the information provided; No action is required of the vendor.
Compliant – Vendor meets the specifications.
Compliant with Clarification – Vendor meets the specification; however, the manner in which it is accomplished may be different than was specified. Provide clarifying information.
Do Not Comply – Vendordoes not meet the specification or only meets part of the specification. Explain the deviation.
Option – Item is not available as standard, but is available at an additional cost. Indicate what additional hardware, software, services and the associated costs that would be required to add the item.
Exception – Vendor does not meet the specification. Provide an alternative when possible.
Brand Name Specifications - Generally, brand name specifications may be used to help describe in a practical or economical manner the items being purchased. These specifications are a design guide when used by the Customer to convey to the vendor information as to the type and kind of product being requested. Bids on any such item similar and substantially equivalent will be considered, but must be clearly identified.
Quantities - Quantities mentioned in the RFP are approximate and may be subject to change.
Costs - Vendor responses must include a completed itemized bill of material, detailing all proposed costs for the bid. It must detail unit pricing and correspond to the summary information requested in this RFP. Verify your calculations. If there is a discrepancy between the unit cost and the total price, the lower of the two will stand as the bid price.
Discounts - Vendors are encouraged to identify any and all discounts for items and services that are bid. Provide an attachment describing the discounts and qualifying conditions.
Deliveries - Deliveries required in this bid must be freight prepaid; F.O.B. destination and bid prices must include all freight and delivery charges. All deliveries must be made between the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday. No deliveries will be accepted on Saturday, Sunday or Holidays, unless so requested by Customer and agreed to by vendor.
Bid Pricing Firm Until 90 Days After Cutover - The pricing for all items presented in the bid response shall remain firm for a period of 90 days following the cutover of the system.
Optional / Additional Items - Optional / additional items or services that are included in the prices quoted must be uniquely identified and detailed in an attachment signed by a person who is authorized to commit your firm to such a bid. The description must be in sufficient detail as to allow the Customer to assess what is being offered and to determine what value that offering might have to them.
Evaluation of Bids and Awarding of Contract - PB&G ENTERPRISES reserves the right to accept any bid or, at its discretion, reject any or all bids for whatever reasons it deems appropriate.
All bid responses will be thoroughly and carefully considered. The vendor’s financial stability, service and delivery performance, support and price will be key factors for future consideration of awarding a contract. Vendor references may be contacted and financial information may be requested by PB&G ENTERPRISES
PB&G ENTERPRISES reserves the right to use any or all design concepts presented in any bid response submitted in response to this RFP, whether amended or not, even if the vendor's response is not accepted.
Minimum Qualifications - After the bid opening, PB&G ENTERPRISES will check bid responses for the presence or absence of required information and minimum qualifications in conformance with the submittal requirements of this RFP. Submittal requirements are obligatory, and failure to fully comply will deem the bid unresponsive.
Each responsive bid will be checked against the mandatory requirements of the RFP to assure compliance. bids that do not include all of the mandatory requirements may not be considered. Each bid response will be evaluatedto assure consistency between the various sections within the bid. Any items that are inconsistent or appear contradictory will be evaluated to determine if they will be classified as material deviations.
Vendor agrees to provide reasonable access to their technical resources and relevant information for purposed of evaluating the bid response.
If you are not the manufacturer’s direct representative, a letter must accompany your bid from an authorized representative of the equipment manufacturer you are representing. Said letter must clearly define your association with the manufacturer and your function with regard to design, installation, and maintenance of the systems your wish to sell.
Contract Award - The award will be made by PB&G ENTERPRISES based upon what they consider to be the bid that provides the "best overall value”. Criteria will include, but not be limited to Cost, Conformity to Specifications, Product Performance, Manufacturer Maintenance & Support, References, Technical capabilities and adherence to Best Practices. The determination of the successful bid will be based on information submitted by the vendor and information obtained, where necessary, through manufacturer, distributor, and user contacts.
All vendors will be notified that a supplier has been selected once a decision is made.
Summary of Key Dates
Activity
RFP Published to Vendors
Deadline for Vendor’s Questions
Deadline for Bid submission
RESPONSE
Contract Expectations
The vendor that is awarded this project will be required to execute a Master Services Agreement with PB&G ENTERPRISES for this project,which will delineate the formal terms and conditions. This section provides general information and expectations.
Winning Vendor Responsibilities - The selected vendor will be considered the primary contractor and will assume total responsibility for providing the Customer with all material needed to make the systems fully operational by the agreed-upon date. The primary contractor must agree to be responsible for the actions and quality of workmanship of any subcontractor(s).
PB&G ENTERPRISES requires all business partners, equipment vendors, support or maintenance vendors, and subcontractors whom the vendor will use to perform services under this proposal to be identified for approval prior to contract award. Substitutions of subcontractors must be submitted in writing for the Customer’s approval during the term of the agreement. Sub-contractors’ references must accompany vendors’ proposal.
If unions are involved in the project, the primary contractor will comply with all union rules and regulations in force at the project site. Any unions involved in any collective bargaining agreements covering any employees working on Customer’s premises must be specified.
Contractor/vendor and/or subcontractor(s) shall get clearance from owner's representative before entering any and all areas of the building to perform work assignments.
PB&G ENTERPRISES may require the successful vendor to sign an agreement drafted by them that includes all of the requirements, deliverables, and remedies agreed to and negotiated by both parties. The agreement shall be governed by and construed according to the laws of the State of Florida.
Vendor must be responsible for full restoration to original condition of all Customer surfaces, buildings, and grounds.
Risk of Loss - All risk of loss or damage to the equipment during and until delivery to Customer as a result of fire, theft, water, malicious mischief, or other causes shall be borne by the successful vendor. This responsibility shall continue until equipment is delivered to, received, and inventoried by PB&G ENTERPRISES.
Laws, Ordinances, Codes, Etc. - The successful vendor will comply with all applicable Federal, State, and local government laws, building & fire statutes, codes, ordinances, rules, regulations, and industry standards as applicable to the work to be performed. The successful vendor will also comply with all jobsite construction and/or PB&G ENTERPRISES regulations & requirements and agree to cooperate with the Customer’s team.
Patent Infringements/ Sub-Contractor Actions - The successful vendor shall agree to indemnify PB&G ENTERPRISES with respect to any legal suit, claim, or proceeding which may be brought against it claiming that the use of the proposed systems constitutes an infringement of any patent or trade secret, as well as claims from vendor's subcontractors. The successful vendor will further agree to defend PB&G ENTERPRISES against any such claims by paying all litigation costs, attorneys' fees, settlement payments, and any damages awarded or resulting from any such claims.
Insurance - Vendor shall maintain, at its expense, the following insurances issued by an insurer with an A.M. Best Rating of A or better, such as will protect both vendor and Customer from, and pay on their behalf, any claims (including claims by Customer against vendor) which may arise for any reason under the Agreement, whether by vendor, any subcontractor, Customer, or their agents or employees.