University of North Carolina at Charlotte

Transcription

1 STATE OF NORTH CAROLINA University of North Carolina at Charlotte Request for Proposal # JS Adaptive Learning Platform and Course Development Services Date of Issue: April 4, 2018 Proposal Opening Date: Wednesday, May 2, 2018 At 2:00 PM ET Direct all inquiries concerning this RFP to: Judy Stanwyck Senior Buyer

2 STATE OF NORTH CAROLINA UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE Request for Proposal # JS For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S (b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: Federal ID Number or Social Security Number Vendor Name

3 Refer ALL Inquiries regarding this RFP to: STATE OF NORTH CAROLINA University of North Carolina at Charlotte Request for Proposal # JS Judy Stanwyck Proposals will be publicly opened: Wednesday, May 2, 2:00PM ET Contract Type: Software Using Department: Information Technology Services EXECUTION In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S ), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S ), and that it is not an ineligible Vendor as set forth in G.S False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by section of the North Carolina General Statutes, the Contractor certifies that it, and each of its subcontractors, verifies the work authorization of each of its employees under E-Verify. G.S and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals CANNOT and will NOT be accepted. VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE: COUNTY: TELEPHONE NUMBER: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR S AUTHORIZED SIGNATURE: DATE: Offer valid for at least 60 days from date of proposal opening, unless otherwise stated here: days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the University. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the University, an authorized representative of the UNC Charlotte shall affix his signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR UNIVERSITY USE ONLY: Offer accepted this day of, 2018, as indicated on the attached certification, by (Authorized Representative of UNC Charlotte). Page 1 of 33

4 1.0 PURPOSE AND BACKGROUND The University of North Carolina at Charlotte was established in 1965 by the North Carolina General Assembly which transformed Charlotte College, with beginnings in 1946, into a campus of The University of North Carolina. It is organized into the following seven colleges: College of Arts & Architecture, College of Liberal Arts & Sciences, College of Business, College of Education, College of Engineering, College of Health and Human Services, and the College of Computing and Informatics. It offers a broad array of degree programs at the undergraduate, graduate, and doctoral levels and also in graduate certificate programs Enrollment is approximately 28,000 with 19 percent of the students pursuing graduate degrees. The University is expected to reach enrollment of 30,000 students by the year The University of North Carolina at Charlotte proposes to address an immediate need for the redesign of courses in the College of Computing and Informatics. These courses are intentionally designed to be competency-based and the University seeks to refine its implementation of the competency-based model using an adaptive learning software platform. It intends to identify, if possible, a provider that not only offers a strong software solution, but also has the additional capacity to manage the work of known third parties or subcontractors with whom the company has an established and proven relationship. The University will use this program as a proof of concept for expanded implementation of courses using the adaptive learning platform, but for which content would likely be developed by University faculty. Due to prior commitments, the University requires all coursework for the program be available to students by the start of the Fall 2018 semester. The academic software provider will provide a written guarantee of its ability to meet this deadline. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor s responsibility to read the Instructions, the State s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with in the instructions in the PROPOSAL QUESTIONS section. If the University determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The University may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the University rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor s proposal. This applies to any language appearing in or attached to the document as part of the Vendor s proposal that purports to vary any terms and conditions or Vendors instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor s proposal as nonresponsive. If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during Rev: 01/2018 Page 2 of 33

5 the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the University. Identification of objections or exceptions to the State s terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected. Contact with anyone working for or with the University regarding this RFP other than the University Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor s offer, at the University s election. 2.3 RFP SCHEDULE The table below shows the schedule for this RFP. The University will make every effort to adhere to the intended contract award schedule. Event Responsibility Date and Time Issue RFP University Wednesday, April 4, 2018 Submit Written Questions University Tuesday, April 17, 5:00 pm Provide Response to Questions Vendor Monday, April 23, 2018 Submit Proposals University Wednesday, May 2, 2:00 pm Contract Award Vendor TBD Contract Effective Date University TBD 2.4 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be ed to jstanwyc@uncc.edu by the date and time specified above. Vendors should enter RFP # JS: Questions as the subject for the and should include a reference to the applicable RFP section. Questions received prior to the submission deadline date, the University s response, and any additional terms deemed necessary by the University will be posted in the form of an addendum to the Interactive Purchasing System (IPS), and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any University personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. IT IS THE VENDOR S RESPONSIBILITY TO CHECK THE IPS WEBSITE FOR ADDENDA AND UPDATES. 2.5 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. Rev: 01/2018 Page 3 of 33

6 Mailing address for delivery of proposal via US Postal Service or by any other carrier PROPOSAL NUMBER: JS Attn: Judy Stanwyck UNC Charlotte Purchasing Office 9201 University City Blvd. Reese Building, 3 rd Floor Charlotte, NC IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the University s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the University s Purchasing Office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to , in response to this RFP shall NOT be accepted. a) Submit one (1) signed, original executed proposal response and one (1) electronic copy on CD, DVD or flash drive to the address identified in the table above. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. c) The electronic copies of your proposal must be provided on CD s, DVD s or flash drives. The files shall NOT be password protected, shall be in.doc,.pdf or.xls format, and shall be capable of being copied to other media. 2.6 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items: a) Cover Letter to include an executive summary of the proposal that includes confirmation that the proposer can meet the project deadline of the Fall 2018 semester. b) Title Page: Include the company name, address, phone number, authorized representative name with address, and the Proposal Number. c) Details regarding the staffing plan for the project to include personnel resumes, project team organizational chart, and proximity to UNC Charlotte Rev: 01/2018 Page 4 of 33

7 d) References for which your company has provided services of similar size and scope to those requested herein e) Completed and signed version of EXECUTION PAGE, any RFP document pages requiring Vendor input, and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned). f) Completed version of ATTACHMENT C: PRICING g) Completed and signed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT E: VENDOR INFORMATION FORM 2.7 ALTERNATE PROPOSALS Vendor may submit alternate proposals for various methods or levels of service(s) or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: Alternate Proposal # [for name of Vendor ]. Each proposal must be for a specific set of services and must include specific pricing. If a Vendor chooses to respond with various service offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. 2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the University. b) BUYER: The employee of the University that places an order with the Vendor. c) COMMUNITY COLLEGE: Any of the fifty-eight (58) public North Carolina Community Colleges. d) CONTRACT LEAD: Representative of the University who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the University and who will administer this contract for the University. e) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid. f) LOT: A grouping of similar products within this RFP. g) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required. h) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. i) RFP: Request for Proposal j) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. k) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. l) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified proposals will be evaluated and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. Rev: 01/2018 Page 5 of 33

8 While the intent of this RFP is to award a single Vendor, the University reserves the right to make separate awards to different Vendors for one or more portions, to not award one or more portions or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the University to do so. The University reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period from the date proposals are opened through the date the contract is awarded each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the University, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor s office), or private entity, if the communication refers to the content of Vendor s proposal or qualifications, the contents of another Vendor s proposal, another Vendor s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the University s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the University would not be served by the disqualification. A Vendor s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the University for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The University shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The University reserves the right to waive any minor informality or technicality in proposals received. The University will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor in a sealed envelope or package. All proposals must be received by the University not later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor will be announced. Interested parties are cautioned that these proposals and their components are subject to further evaluation for completeness, correctness, and negotiation. Therefore, they may not be an exact indicator of a Vendor s final position. At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 3.4 EVALUATION CRITERIA, below. Rev: 01/2018 Page 6 of 33

9 Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the University reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the University. The University reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the University, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the University will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the University. 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated and award made based on considering the following criteria, to result in an award most advantageous to the University: Background/Financial Qualifications 15% Business dedicated to providing adaptive learning services in online or blended environments. Years in business-three (3) years minimum. Financial health of the business. Vendor shall submit documentation with its Proposal to demonstrate the company is financially stable and able to provide the requested services to the University. References/Prior Project Performance/ Personnel Qualifications 30% Demonstrated experience with adaptive learning projects of a similar type to that proposed for UNC Charlotte, including a list of current clients (preferably public institutions). Demonstrated experience working with third-party vendors (or subcontractors) in the management of content development for the adaptive learning platform. Demonstrated experience working with institutions employing an intentional competency-based education model. Demonstrated experience providing training and support for the use of its adaptive learning platform at other institutions. Responses received from three (3) references from prior and current customers Expertise of organizational leadership and expertise in the field of blended, online, and/or competency-based education. Expertise of personnel assigned to this project and degree of pertinent experience. Proximity of and access to qualified personnel relative to UNC Charlotte. Technical Approach Project/Platform Features 40% Comprehensiveness and rationale of project management plan Approach to project management, including staffing and subcontractor-oversight (if applicable) Platform features as described in Section 5.2, Objectives Demonstrated ability to successfully complete projects on time and to customer satisfaction Pricing 15% Total cost of Adaptive Learning Software Platform Rev: 01/2018 Page 7 of 33

10 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the University may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the University: Total cost to the University Level of quality provided by the Vendor Process and performance capability across multiple jurisdictions Protection of the University s information and intellectual property Availability of pertinent skills Ability to understand the University s business requirements and internal operational culture Particular risk factors such as the security of the University s information technology Relations with citizens and employees Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the University; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as shall, must, and requirements are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the University will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the University s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the University exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the University to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with the Proposal Questions Section. 4.1 CONTRACT TERM The Contract shall have an initial term of two (2) years, beginning on the date of contract award (the Effective Date ). The Vendor shall begin work under the Contract within ten (10) business days of the Effective Date. At the end of the Contract s initial term, the University shall have the option, in its sole discretion, to extend the Contract on the same terms and conditions for up to a total of three (3) additional one-year terms. The University will give the Vendor written notice of its intent to exercise each option before the end of the Contract s then-current term. In addition, the University reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 4.2 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, administrative and other similar fees. Vendor shall Rev: 01/2018 Page 8 of 33

11 not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT C: PRICING FORM and include in Proposal. 4.3 FINANCIAL STABILITY Each Vendor shall submit documentation with its Proposal to demonstrate the company is financially stable and able to provide the requested services to the University. Financial information, statements and/or documents submitted with a proposal shall be evaluated to determine: whether the Vendor has sufficient ability to perform the contract; whether the Vendor is able to meet its short term obligations, debts, liabilities, payroll, and expenses; whether Vendor has provided complete, reliable and accurate financial information regarding its business operation; whether the Vendor is financially solvent; and whether Vendor has sufficient cash flow and/or available financing from a financial institution to perform the proposed contract. Financial information of non-public entities may be marked as confidential in accordance with paragraph 11 of ATTACHMENT A: INSTRUCTIONS TO VENDORS. 4.4 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the University. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.5 REFERENCES Vendors shall provide three (3) references for which your company has provided services of similar size and scope to that proposed herein. The University may contact these users to determine the services provided are substantially similar in scope to those proposed herein and Vendor s performance has been satisfactory. Such information may be considered in the evaluation of the proposal. COMPANY NAME CONTACT NAME TELEPHONE NUMBER AND ADDRESS 4.6 BACKGROUND CHECKS Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the University. 4.7 PERSONNEL Vendor should provide qualified personnel that are located in close proximity to UNC Charlotte. Describe locations of Provider personnel and subcontractors who will perform the work, training, and support. Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor s recommended substitute personnel. The University will approve or disapprove the requested Rev: 01/2018 Page 9 of 33

12 substitution in a timely manner. The University may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the University may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.8 VENDOR S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. Professional manner means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the University under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the University. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor s proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. 5.0 SCOPE OF WORK 5.1 GENERAL The University of North Carolina at Charlotte is seeking proposals from qualified vendors to provide an adaptive learning software platform that will address an immediate need for the redesign of courses in the College of Computing and Informatics. These courses are intentionally designed to be competency-based and the University seeks to refine its implementation of the competency-based model using an adaptive learning software platform. It intends to identify, if possible, a provider that not only offers a strong software solution, but also has the additional capacity to manage the work of known third parties or subcontractors with whom the company has an established and proven relationship. The University will use this program as a proof of concept for expanded implementation of courses using the adaptive learning platform, but for which content would likely be developed by University faculty. Due to prior commitments, the University requires all coursework for the program be available to students by the start of the Fall 2018 semester. The academic software provider will provide a written guarantee of its ability to meet this deadline. 5.2 OBJECTIVES ADAPTIVE LEARNING PLATFORM The proposal will include evidence of the following capabilities of the proposed solution: Use of learning science research in the development of the platform. LMS and SIS agnostic design (i.e.: can be used with any Learning Management System or Student Information System). The University uses Canvas as the Learning Management System (LMS) and uses Banner as the Student Information System. Capacity to provide grade integration back to the Canvas LMS Rev: 01/2018 Page 10 of 33

13 Tools that allow faculty and instructional designers to independently and locally author content within the platform. A mobile-friendly user interface (for student access) An option for single-sign on or entry of the platform via an LMS. A learning dashboard to easily and efficiently monitor student progress and achievement. Exportability of student learning data for use in program assessment. Capacity to support the on-campus instructional design team and faculty in their understanding and use of the platform on an ongoing basis. A library of existing instructional materials and/or a marketplace within which those materials can be bought, sold, and/or traded among institutions. Potential for expansion of capabilities and services using additional APIs. 5.3 TECHNICAL APPROACH The provider must include the following information in their response: FUNCTIONALITY, IMPLEMENTATION AND OPERATION Provide a concise and detailed response to each of the following areas: Is the delivery solution capable of being viewed in a range of commonly used browser types, on computers using different operating systems, and on commonly used mobile devices such as smartphones and tablet computers; and, if so, is there any loss in functionality when shifting between viewing environments? Is the delivery solution capable of being used without respect to the Learning Management System currently employed (or other future systems that might be employed) by the University or partner schools? Does the delivery solution enable users to simultaneously interact with different channels of content, such as view video while reading a transcript of the lecture or activating a link to additional reading or web resources? Does the delivery solution enable users to efficiently search through content in order to locate material for review? Does the delivery solution enable the instructor to embed questions or prompt responses during a video or lecture; and, if so, can the student be prevented from advancing in the video before continuing on to later content? Does the delivery solution include an instructor dashboard that enables faculty to monitor student engagement with the content? If a dashboard exists, can multiple instructors or assistants access the information contained therein? WCAG 2.0 AA (ADA) COMPLIANCE Is the solution Section 508 compliant? Does the solution support use of a screen reader? Does the solution support closed captioning? Does the solution integrate with other captioning solutions or services? Does the solution have the ability to generate closed captioning? INFRASTRUCTURE DETAILS ON-CAMPUS HOSTING o Hardware Environment - Describe the supported environment in which the proposed software will run. In the event there are multiple hardware solutions and/or hosted configurations available, list all options. Provide the user workstation specifications both minimum and recommended. o Database Management Does the solution employ a database management system? If so, which one(s)? CLIENT BROWSERS o Please indicate the browsers and browser versions supported by the proposed solution. o Provide a statement of how long it takes the proposed solution to be compatible with new browser versions once they are released. Rev: 01/2018 Page 11 of 33

14 NETWORKING ENVIRONMENT o Specifically, explain how the proposed system will inter-operate with the existing campus network and available learning management systems on the market, and how it will make use of the available network resources. o Describe the proposed system s network bandwidth requirements and network firewall requirements o Describe the facilities and features available for networking the proposed system LEARNING MANAGEMENT SYSTEM INTEGRATION o The proposed solution must integrate or interface with CANVAS LMS, please describe what is required for integrating with the learning management system. ROADMAP o Provide the typical amount of time in years between major application version upgrades. o Provide a roadmap for planned upgrades and product enhancements. o If this application is being upgraded, then what happens to any "user defined" customization or configuration in the new platform? INFRASTRUCTURE Remote Hosting or Software-as-a-Service - If remote hosting or a SaaS solution is used by the system, please address the following: o Describe the secure hosting infrastructure. Include policies for confidentiality, integrity, and authenticity. o Describe the policy for expeditious remediation of any verifiable, infrastructural negligence. o Describe the physical access controls for the hosting site o Does the proposed solution ensure that all hosts, servers, and devices that have currently-supported and hardened operating systems, the latest anti-viral, anti-hacker, anti-spam, anti-spyware, and antimalware utilities? o Describe any host, server, or device utilized that does not meet these specifications. Include policies relating to this. o Describe the policy for a conservative sunset and migration schedule for all hardware and software components, as recommended by their respective manufacturers, at all times. o Describe the backup methodology. Include details regarding level of backup, frequency, and if the results will be available. o Describe the policy for patch management for all critical patches for operating systems, databases, web services, etc. o Describe the frequency with which complete backup-restore and disaster recovery tests from the appropriate media are completed. o Describe the policy for event logging and auditing practices for networks, operating systems, applications, and databases. o Describe the production change management procedures. Rev: 01/2018 Page 12 of 33

15 SERVICE LEVEL AGREEMENT (SLA) AND SERVICE REPORTING The provider should provide a Service Level Agreement (SLA) during the contract execution/negotiation phase that meets or exceeds the SLA requirements in this RFP. The SLA should include: o Procedures for reporting system problems including but not limited to outages, periods of unavailability, reporting and functionality problems. Provide procedures for escalating unresolved issues. o Information about the providers' targeted time for problem resolution. o Written procedures for how the University will be notified of planned changes and upgrades. o Describe the procedures used to notify sites of unscheduled maintenance. Include all methods used to notify client sites (UNC Charlotte) and list typical personnel at client site that would be notified. o List all maintenance windows. o The proposed application/service must be available 24x7, 99.7% of the time or better for any given month. Scheduled and unscheduled maintenance cannot be excluded from availability measures. o The provider must provide monthly reports that show application/service availability and load metrics (i.e., concurrent users). Provide a listing of the metrics that are available as well as sample reports. DATA CONFIDENTIALITY, OWNERSHIP AND ACCESS o The University is the sole and exclusive owner of the data held in the "system." All data brought into the system must be treated as confidential data. The provider agrees to not access or use this data for any purpose unless explicitly agreed to in a separate agreement. o The University must be notified immediately of any subpoena or other legal request related to University data. The provider agrees to cooperate and assist the University in responding to such requests. o The University, as the data owner, must be able to retrieve any and all data at any time without incurring additional costs. Describe the technical process and coordination required for data retrieval. Describe the policy for returning remote hosted data at the end of the hosting contract. o Vendor to sign UNC Charlotte s Data Protection Agreement. Sample is included as Attachment F. STORAGE o Provide information on the amount of data storage that is included in the proposed solution and whether there are costs associated with additional storage. Ensure costs for additional storage are included in the pricing sheets. o The University requires that data held in the system be available for 6 months after contract termination. o Provide information as to the data transfer mechanism (batch, real time) and the format of the data. o The University's data must be completely segregated from other customer data HOSTED DEVELOPMENT o Does the provider have a test environment/sandbox for the University to test new features, functionality, integration processes, etc.? o Are there costs associated with use of a test environment/sandbox? BUSINESS CONTINUITY AND DISASTER RECOVERY o Provide a statement that indicates the priority of service restoration for services utilized by the University compared to other applications/services the vendor provides. o Provide a summary of the vendors' security plan/security measures that demonstrates an ability to ensure data and systems are secure. o Provide information specific to the proposed solution, as to the amount of down time that has been experienced in the past two years. Scheduled maintenance downtime must be included. o Provide information about the typical amount of down time the University can expect for planned upgrades and changes in a given year. Rev: 01/2018 Page 13 of 33

16 SECURITY o Provider should include a detailed description of the proposed software s security features. o Describe the file transmission methodology used in the proposed solution and the secure modes employed. o Describe the methods employed by the vendor product to ensure the security of customer data ROLE MANAGEMENT o The University promotes the principle of least privilege and desires a solution with a sufficient level of access/permission granularity. o Provide information about the various roles (user, administrator, super user, etc.) that are available in the proposed solution. o Describe how roles are established, the tasks/functions of each role and whether custom roles can be established. AUTHENTICATION Shibboleth is the preferred method for authentication of University users. o Describe what authentication integrations or methods are available with the proposed solution IMPLEMENTATION, SUPPORT AND TRAINING o Describe the level of end user technical support provided. o Provider must include the following: One-time implementation costs if applicable. A high level project plan that includes University obligations and responsibilities during implementation and a general project timeline. An updated and more detailed project plan prior to implementation COURSE DESIGN SERVICES The proposal will include evidence of the following: o A history of using in-house staff or collaborating with third party vendors or subcontractors to manage the work of subject matter experts in course content construction within the adaptive learning platform. o If the company has worked with third party vendors or subcontractors for this purpose in the past, a description of the typical approach to pricing and/or bundling of these services OR A description of the support the company would provide the University and a third-party vendor of the University s choosing in adapting content for use in the adaptive learning platform. In particular: o Does the provider have experience in developing content, such as video, audio, animation, and other curated educational content? o Is the provider open to the possibility of working with on campus instructional designers or other local resources in the development of content? o In the interest of fostering student engagement, would the provider be willing to work with undergraduate or graduate students in the process of developing course content, provided that such involvement would not inhibit timeliness or quality of the produced work? o Please describe the degree to which instructors are currently able to curate their own course content once the course is designed. If that ability is not currently available, please describe any efforts the provider is currently contemplating to make such capacity available and any willingness the provider might have to exploring such an adaptation. 5.4 PROJECT ORGANIZATION Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP, and identify the responsibilities to be assigned to each person Vendor proposes to staff the work. Vendor should provide qualified personnel that are in close proximity to UNC Charlotte. Describe locations of Provider personnel and subcontractors who will perform the work, training, and support. Rev: 01/2018 Page 14 of 33

17 5.5 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the University shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the University shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the University may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the University a project manager. The project manager shall be the University s point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. 6.2 POST AWARD MANAGEMENT REVIEW MEETINGS The Vendor, at the request of the University, shall meet periodically with the University for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and University performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics. 6.3 CONTINUOUS IMPROVEMENT The University encourages the Vendor to identify opportunities to reduce the total cost the University. A continuous improvement effort consisting of various ideas to enhance business efficiencies will be discussed at the periodic Business Review Meetings. 6.4 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the University s Contract Lead for resolution. A claim by the University shall be submitted in writing to the Vendor s Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the University and Vendor. Attachments to this RFP begin on the next page. Rev: 01/2018 Page 15 of 33