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Eastern Washington University Strategic Partnership for

Web Content Management System/Portal Software

REQUEST FOR PROPOSAL 04/03 (RFP)

Due December 20, 2002 at 2:00PM

1 TABLE OF CONTENTS

RFP 04/03 Strategic Partnership for Web Content Management System/Portal Software

EWU Strategic Partnership for Web Content Management System/Portal Software

1 TABLE OF CONTENTS............................................................................................................................1

INFORMATION TO CONTRACTORS......................................................................................................1

2.1 PROJECT IDENTIFICATION ...........................................................................................................................1 ISSUING INSTITUTION / DEPARTMENT / UNIT.......................................................................................................1 CONTACT INFORMATION...................................................................................................................................1 INSTRUCTIONS TO BIDDERS..............................................................................................................................2

Submittal Of Bid Response.......................................................................................................................2 Identification............................................................................................................................................2 Bidder’s Questions And Inquiries............................................................................................................2

IMPORTANT DATES..........................................................................................................................................2 TERMINOLOGY................................................................................................................................................3

CONTRACTOR INFORMATION AND QUALIFICATIONS.................................................................3

CONTACT INFORMATION...................................................................................................................................3 Required Information...............................................................................................................................3 Principals.................................................................................................................................................3 Contract Executives..................................................................................................................................3 Account Executives...................................................................................................................................3 Project Manager......................................................................................................................................3 Subcontractors.........................................................................................................................................4

FINANCIAL STATEMENTS..................................................................................................................................4 PROFESSIONAL STANDING.................................................................................................................................4 RESUMES.......................................................................................................................................................4 REFERENCES...................................................................................................................................................4

Number of References..............................................................................................................................4 Reference Qualifications..........................................................................................................................4 Reference Information..............................................................................................................................4 Reference Site Visits.................................................................................................................................4 Additional Information.............................................................................................................................4

FORM AND CONTENT OF PROPOSALS................................................................................................5

LEGIBILITY AND ORGANIZATION........................................................................................................................5 COMPLETENESS OF RESPONSE............................................................................................................................5 ABBREVIATED RESPONSES................................................................................................................................5 CONTRACTOR RESPONSIBLE FOR COMPLETENESS OF RESPONSE..............................................................................5 PROBLEM RESOLUTION ESCALATION INFORMATION..............................................................................................5 COPIES..........................................................................................................................................................5 SIGNATURES...................................................................................................................................................6 BOND, BINDER, OR LIABILITY INSURANCE POLICY...............................................................................................6

RFP AND PROPOSAL TERMS AND CONDITIONS..............................................................................6

RIGHT TO WITHDRAW PROPOSALS ....................................................................................................................6 RIGHT TO REJECT/ACCEPT PROPOSALS ..............................................................................................................6 RIGHT TO MODIFY PROPOSALS.........................................................................................................................6 DISTRIBUTION OF QUESTIONS AND ANSWERS......................................................................................................6 UNIVERSITY NOT RESPONSIBLE FOR PROPOSAL EXPENSES ...................................................................................6 UNIVERSITY RIGHT TO MODIFY SPECIFICATIONS..................................................................................................6 ALTERNATIVES TO SPECIFICATION......................................................................................................................7 GUARANTEE...................................................................................................................................................7 RESTRICTED COMMUNICATIONS.........................................................................................................................7 CONFIDENTIALITY..............................................................................................................................................7 RFP, PROPOSALS DO NOT OBLIGATE.................................................................................................................7

RFP 04/03 Strategic Partnership for Web Content Management System/Portal Software

EWU Strategic Partnership for Web Content Management System/Portal Software

USE OF INFORMATION........................................................................................................................................7 PUBLICITY........................................................................................................................................................7 PROPOSAL EVALUATION AND CONTRACTOR SELECTION..........................................................................................8

Evaluation Committee..............................................................................................................................8 Preliminary Evaluations..........................................................................................................................8 Weighted Primary Evaluation Criteria....................................................................................................8 Evaluation Method...................................................................................................................................8

TERMS AND CONDITIONS OF CONTRACT.........................................................................................8

GOVERNING LAWS..........................................................................................................................................8 NON-PERFORMANCE.......................................................................................................................................8 PAYMENT CURRENCY.......................................................................................................................................9 CONTRACT COMPONENTS.................................................................................................................................9 PRECEDENCE OF CONFLICT RESOLUTION.............................................................................................................9 CONTRACT RESPONSIBILITIES FOR THE UNIVERSITY..............................................................................................9 FAILURE TO CONFORM.....................................................................................................................................9 REJECTED WORK............................................................................................................................................9 CHANGES TO CONTRACT..................................................................................................................................9 MATERIALS AND WARRANTIES..........................................................................................................................10 SUBCONTRACTING RELATIONSHIPS.....................................................................................................................10

Respondent as Prime..............................................................................................................................10 Subcontractor Approval ........................................................................................................................10 Subcontractor Disputes .........................................................................................................................10

LEGAL AND REGULATORY COMPLIANCE.............................................................................................................11 Legal Compliance..................................................................................................................................11 Safety Considerations.............................................................................................................................11 Drug Use Policy.....................................................................................................................................11 Harassment, Discrimination, Fraternization.........................................................................................11 Unprofessional Behavior........................................................................................................................11 Attire.......................................................................................................................................................11 Identification Badges..............................................................................................................................12 Collective Bargaining............................................................................................................................12 Building Access......................................................................................................................................12

PATENT INFRINGEMENTS...................................................................................................................................12 SEGMENTATION OF AWARD...............................................................................................................................12 WASHINGTON INSTITUTIONS OF PUBLIC HIGHER EDUCATION CLAUSE.....................................................................12

SCOPE OF AGREEMENT.........................................................................................................................13

INTRODUCTION..............................................................................................................................................13 Content Management Software Component.........................................................................................13 Portal Development Software Component.............................................................................................14 Client Content Publishing Tools............................................................................................................15 Server-side Software and Management Tools........................................................................................16

STRATEGIC PARTNER RELATIONSHIP ..............................................................................................................16 Form a Joint R & D Team......................................................................................................................16

TERM OF AGREEMENT...................................................................................................................................17 GUARANTEED PRICING...................................................................................................................................17 LABOR CHARGES..........................................................................................................................................17 POST-WARRANTY SERVICE..............................................................................................................................17 TECHNICIANS................................................................................................................................................17 OFF HOURS SERVICE RESPONSE TIMES............................................................................................................18 ESCALATION AND PENALTIES..........................................................................................................................18 SECURITY.......................................................................................................................................................18

RFP 04/03 Strategic Partnership for Web Content Management System/Portal Software

EWU Strategic Partnership for Web Content Management System/Portal Software

COSTS...........................................................................................................................................................18

TOTAL COST................................................................................................................................................18 NO UNSPECIFIED COSTS.................................................................................................................................18

CERTIFICATIONS AND ASSURANCES................................................................................................19

APPENDIX A –DIS TERMS AND CONDITIONS..................................................................................22

RFP 04/03 Strategic Partnership for Web Content Management System/Portal Software

EWU Strategic Partnership for Web Content Management System/Portal Software

Information to Contractors

2.1 Project Identification This Request for Proposal (RFP) encompasses the acquisition of an enterprise-wide Web Content Management/Portal Software System by Eastern Washington University, herein after referred to as “EWU” or “the University.” EWU is inviting vendors to submit a proposal for this project.

EWU is particularly interested in those vendors that would seek to be more than just a product provider. The university recognizes the comprehensive nature of the features it would like to see included in the proposed system, and it believes that this will require the ongoing participation of a strategic partner functioning in a joint R & D mode with university technical staff. Additional information on such a relationship is provided in the “Strategic Partner Relationship” section below.

This Request For Proposal contains information and instructions to enable interested vendors to prepare and submit proposals and accompanying material. This document also outlines major terms, conditions, and responsibilities the Vendor must accept as part of the contract.

Issuing Institution / Department / Unit Eastern Washington University Information Resources Department Client Services Cheney, WA 99004-2431

Contact Information Proposal Information:

Buyer Eastern Washington University Showalter Hall Room 318 Cheney, WA 99004 (509) 359-6604 (office)

Technical Information: Christopher Smith Assistant Director, Client Services Eastern Washington University Monroe 307 Cheney, WA 99004 (509) 359-6796 [email protected]

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February 22, 2002

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Instructions To Bidders

SUBMITTAL OF BID RESPONSE

Bidders must deliver all submittals due with their response to Showalter Hall, room 318, not later than 2:00 p.m. local time in Cheney, Washington, on December 20, 2002. Bids arriving after the deadline will be rejected and returned to their senders. Bids and accompanying documents arriving before the deadline will become the property of the University and may not be returned unless a written request to withdraw the bid is received before the bid due date and time. Bid responses may then be returned at the bidder's expense.

Bidders assume the risk of the method of dispatch chosen. The University assumes no responsibility for delays caused by the U.S. Postal Service or other delivery services. Postmarking by the due date will not substitute for actual bid receipt by the University. Late bids will not be accepted nor will additional time be granted to any individual bidder. Bids may not be delivered by facsimile or other telecommunication or electronic means.

IDENTIFICATION

Bid(s) must be submitted in a sealed envelope with the RFP number, Eastern Washington University, bid opening date and time clearly indicated on the outside of the envelope. The envelope must also bear the bidder’s name and address, preferably in the upper left hand corner.

BIDDER’S QUESTIONS AND INQUIRIES

It is the responsibility of the bidder to read and understand all parts of the bid. All questions necessary to seek clarification pursuant to WAC 236-48- 013, WAC 236-48-071 and WAC 236-48-083 shall be directed to the Purchasing Office, Eastern Washington University, Showalter Hall Room 318, Cheney, WA 99004-2445. The preferred method is to fax questions to (509) 359-7984. Questions must reference the appropriate paragraph of this document. All faxed correspondence must include an active fax number where the University can send responses. Questions received after December 13, 2002 at 2:00 PM local time, may not be considered. Only questions answered by formal written addenda shall be binding. Oral interpretations shall be without legal effect. If the bidder’s response is incomplete, does not follow all bid instructions, does not meet specifications or any part of the bid document, that bidder’s response may be rejected with no penalty to the University.

Important Dates  Release Date: November 13, 2002

 Closing Date for Questions: 5:00 PM, December 13, 2002

 Last Day EWU To Post Responses to Questions: December 18, 2002

 Proposals Due: 2:00 PM, December 20, 2002

 By Invitation Bid Presentations, January 21– February 4, 2003

 Contractor Selection: February 8, 2003

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 Project Commencement: February 11, 2003

Terminology The term “RFP” refers to this Request for Proposal document.

The term “Project”, “Web Content Management/Portal System”, “CMS”, “Solicitation” and “Agreement” refers to the project described in this RFP and for which proposals are being solicited.

For the purpose of this RFP, the terms “contractor”, “vendor” and “respondent” are used interchangeably.

Any statement in this document that contains the word "must" or the word "shall" requires mandatory compliance. Failure of the contractor to meet this compliance may be cause for rejection of the proposal or cancellation of the contract.

Technical terms used in this RFP are intended to follow industry conventions. Respondents should request clarification of terms wherever there is uncertainty as to the exact meaning.

Contractor Information and Qualifications

Contact Information

REQUIRED INFORMATION

The respondent must provide at least the name, office address and telephone number for each of the parties below.

The respondent should provide fax numbers and/or e-mail addresses where possible.

PRINCIPALS

Company principals or corporate officers.

CONTRACT EXECUTIVES

Executive(s) that will be the contract authority for the project described in this RFP. This person must also be the point of contact for questions regarding the submitted proposal.

ACCOUNT EXECUTIVES

Executive(s) that will be responsible for managing the business relationship between the respondent and the University.

PROJECT MANAGER

Person that will be responsible for the general management of the contract.

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SUBCONTRACTORS

The respondent will provide names, addresses and contact information (as above) for each subcontractor to be employed in the execution of the contract.

Financial Statements The proposal must include the contractor’s most recent financial statement.

Professional Standing Respondents to the RFP must be in relevant professional practice and must be able to provide verifiable documentation and references to that effect. Such references should include Federal Tax ID numbers, Business License jurisdiction and numbers, and contractor License numbers for both primary and sub-contractors.

Resumes Professional resumes for key project personnel, including but not limited to Project Managers and Lead Technicians must be provided.

References

NUMBER OF REFERENCES

The respondent must provide at least four (4) references relevant to the scope of this contract.

REFERENCE QUALIFICATIONS

The references provided must have employed the respondent as primary contractor in work similar to that proposed within the past 36 months.

REFERENCE INFORMATION

Company name, contact name, mailing address and telephone number must be provided for each reference.

A description of the work performed with sufficient documentation to demonstrate the relevance of the reference must be provided for each reference.

REFERENCE SITE VISITS

The University, with full cooperation of the contractor and the reference, may visit referenced installations to observe materials and workmanship and consult with references. Specified visits and discussion shall be arranged through the contractor. Private discussions with the reference will be required.

ADDITIONAL INFORMATION

Eastern Washington University reserves the right to request and/or obtain additional information as required.

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February 22, 2002

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Form and Content of Proposals

Legibility and Organization Proposals must be typed or printed, must be written in English and must be legible and reasonably organized. Pages must be consecutively numbered. Proposals must be bound. The respondent must provide their responses mirroring the numbering order used throughout this RFP.

The quality, clarity and organization of the proposal will be one of the evaluation criteria in vendor selection.

Completeness of Response Contractors must include responses to all of the provisions and items of the RFP using a format similar to the format of the RFP and making numbered reference to the RFP items. To be considered responsive, the vendor must submit a complete proposal that satisfies all requirements stated in this RFP.

Abbreviated Responses

Simple concurrence or acknowledgement to items not needing a specific contractor statement may be used. However, simple concurrence or acknowledgement of items that do require a specific contractor statement, explanation or supporting materials may be considered non- responsive .

Contractor Responsible for Completeness of Response Prior to submitting proposals, each contractor is requested to carefully consider the amount, character, and timeline of the work to be done as well as the difficulties involved in its proper execution. The contractor shall include in the proposal all costs deemed necessary to cover all contingencies essential to successfully maintain the specified system. Any cost not specifically itemized in the proposal will not be incurred unless specifically agreed upon, in writing. No claims for compensation will be considered or allowed for extra work resulting from ignorance of any existing conditions on the part of the contractor.

Problem Resolution Escalation Information The vendor must provide problem resolution escalation chart or a list indicating the order of contacts to be made in efforts to resolve all issues or problems with any aspect of this contract’s conditions.

Copies At least one (1) signed original and two (2) signed copies of the proposal must be provided. Additionally, an electronic copy should be mailed to the Assistant Director of Client Services at the e-mail address listed in the “Contact Information” section of this document.

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Signatures

A duly authorized and legally binding original signature must be present on each submitted copy of the proposal.

Bond, Binder, or Liability Insurance Policy The University may require, and request in writing, that the Contractor provide the University with a certificate, binder, or policy of liability insurance acceptable to the University in an amount(s) to be specified by the University. Should the University require such liability insurance to be provided, the Contractor agrees to provide it prior to commencing performance of the contract. Copies of the University’s written request and the insurance documents provided by the Contractor shall be attached hereto and made part of the contract.

RFP and Proposal Terms and Conditions

Right to Withdraw Proposals Contractors may withdraw their proposal at any time prior to signature of contract for any reason they deem appropriate.

Right to Reject/Accept Proposals Eastern Washington University reserves the right to accept any proposal or, at its discretion, reject any or all proposals for whatever reason they deem appropriate. EWU reserves the right to accept all or any part of the vendor’s proposal.

Right to Modify Proposals With the concurrence of the vendor, EWU reserves the right to modify minor irregularities in proposals received. The University also reserves the right to modify the vendor’s proposals to change the quantities of equipment or features to be furnished in order to reflect changes that may have occurred after release of the proposal.

Distribution of Questions and Answers All respondents will receive all copies of all questions and all responses.

University Not Responsible for Proposal Expenses Receipt of a proposal does not obligate Eastern Washington University to pay any expenses incurred by the contractor in preparation of their proposal or obligate the University in any other respect.

University Right to Modify Specifications Eastern Washington University reserves the right to modify the specifications contained herein at any time during the proposal period. No modification or interpretation of the specifications other than through the issuance of addenda will be binding upon EWU. Contractors must notify Eastern Washington University as soon as possible of any

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omissions or errors in the specifications so those corrective addenda may be issued.

Alternatives to Specification Alternatives to the specification will be reviewed and evaluated, but only if they are in addition to, and not in place of, EWU’s stated requirements. Any exception must be clearly specified as such, and Eastern Washington University reserves the right to reject any proposal that does not comply with this instruction.

Guarantee The Vendor shall guarantee for the life of the contract support, maintenance, and preventative maintenance to protect the University from the interruption of service. The vendor shall also provide design, engineering and consulting services for upgrades and modifications to supporting systems when requested.

Restricted Communications During the period from publication of this RFP until contract is awarded, all questions regarding the RFP, the contract, or any aspect of this project shall be directed to specified points of contact (see Contact Information above) at Eastern Washington University. Conversations with persons other than designated contacts about any aspect of the RFP, proposal, contract or project will require immediate rejection of the respective proposal.

Confidentiality All respondent information in this RFP is considered confidential and will not be disclosed to third parties. Once the contract is awarded Washington State Public Information laws apply.

All proposals become the property of Eastern Washington University upon receipt.

RFP, Proposals Do Not Obligate Neither the publication nor distribution of the RFP, or the receipt of proposals, constitutes any obligation or commitment on the part of Eastern Washington University.

Use of Information Eastern Washington University reserves the right to use any or all design ideas or concepts presented in any proposal submitted in response to this RFP. This right will exist even if the proposal states otherwise.

Publicity All proposals become a matter of public record at the conclusion of the proposal period according to Washington State Law.

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February 22, 2002

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EWU Strategic Partnership for Web Content Management System/Portal Software

Proposal Evaluation and Contractor Selection

EVALUATION COMMITTEE

A proposal evaluation committee will be formed as determined by the Director of Purchasing and the Assistant Director of Client Services.

PRELIMINARY EVALUATIONS

The first round of proposal evaluations may reject all proposals that fail to meet the mandatory requirements of the RFP or in any way demonstrate gross inability of the contractor to deliver the quality of materials and services required.

WEIGHTED PRIMARY EVALUATION CRITERIA

The following primary evaluation criteria have been identified and are shown below. Their relative importance weightings are indicated as percentages.

 Total Costs 25%  Software Functionality and Ability to Meet Needs 20%  Qualifications, References, Proposal Quality 20%  Strategic Partnership Specifications 15%  Maintenance Specifications 10%  Consulting Services 10%

EVALUATION METHOD

A list of detailed criteria making up the primary criteria will be defined. Each of these will be weighted as a percentage to the primary criterion of which it is a part. Relative scores will be given to each detailed criteria for each proposal. Scores are multiplied by their respective detail criterion weight and normalized to give a score for each primary criterion. These are multiplied by their respective primary criterion weights and normalized to give a final score for the proposal. The proposal with the highest overall score will be considered for contract award.

Terms and Conditions of Contract

Governing Laws If the contractor submits standard terms and conditions with its proposal and if any of those terms and conditions are in conflict with the laws of the State of Washington, the laws of the State of Washington shall govern.

Non-Performance

In the event of non-performance on the part of the Contractor (i.e., failure and/or inability to meet agreed upon deadlines or specifications as outlined herein), consequential damages will be claimed by Eastern Washington University. The University may terminate this agreement and

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be relieved of the payment of any consideration to the Contractor should the Contractor fail to perform as required by this agreement. In the event of such termination the University may proceed with the work in any manner deemed proper by the University. The cost to the University shall be deducted from any sum due the Contractor under this agreement.

Payment Currency The currency used for payment of project costs will be in United States dollars.

Contract Components The RFP, written questions, answers to questions, contractor’s proposal, and other documents associated with this proposal shall become part of the resultant contract.

Precedence of Conflict Resolution

Washington State Law, the terms and conditions of the signed contract, the terms and conditions of the RFP, then the Vendor’s proposal is the order of precedence in conflict resolution in the performance of this agreement.

Contract Responsibilities for the University The Contractor shall clearly define, in writing, the expected responsibilities of Eastern Washington University during the course of this contract.

Failure to Conform Eastern Washington University reserves the right to stop work in progress that does not conform to industry standards or does not meet manufacturer's installation criteria or the specifications and standards set forth in the RFP. The University will report discrepancies to the Contractor in writing. The Contractor will respond to EWU representatives in writing within 24 hours to determine a plan of action.

Rejected Work

If work is rejected during normal inspections or at the final acceptance inspection, it will be reported to the Contractor in writing.

If the Contractor does not take action to repair, remove or replace rejected material within ten (10) days after receipt of written notice, the University reserves the right to remove and replace such work. The contractor shall be responsible for any and all expenses and costs associated with this remediation work.

Changes to Contract During the course of the contract, either party may issue requests for changes in the contract. This shall take the form of a Change Proposal,

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which, if accepted by both parties, shall be executed as a change to the contract, which will thereby be amended to the extent of the change. When, in the judgment of Eastern Washington University, a need for immediate action exists, the Contractor may be directed to proceed on a time and materials basis with the proposed change. In no event shall changes involving extra cost to the University be allowed to proceed without prior written approval.

The University reserves the right to modify the quantities and types of software and equipment covered under this agreement as the results of new software or equipment additions or expiring older technology. The quantities and types of software and equipment will be reviewed annually.

Materials and Warranties

Any replacement materials provided to the University under the contract must be newly manufactured and carry the manufacturers original warranty, unless otherwise specified by the University in writing.

Any replacement material must be unaltered and conform to the manufacturer's official published specifications. The warranty shall begin at the material replacement date and remain in effect for the manufacturer’s standard product warranty period. Maintenance rates shall be updated to include provisions of all offered warranties.

During the warranty period for replacement materials, the contractor shall agree to repair, adjust, and/or replace (as determined by Eastern Washington University to be in its best interest) any defective materials or other parts of the system at the contractor and/or manufacturers’ sole cost. The University will incur no costs for service or replacement of parts during the warranty period.

The contractor will be the sole point of contact for warranty issues.

Subcontracting Relationships

RESPONDENT AS PRIME

The respondent to this RFP will be considered the primary contractor and will assume total responsibility for meeting all terms and conditions of the contract including standards of service, quality of materials and workmanship, costs and schedules.

SUBCONTRACTOR APPROVAL

Eastern Washington University reserves the right to approve subcontractors; the primary contractor must agree to be responsible for the actions and quality of workmanship of the subcontractor(s).

SUBCONTRACTOR DISPUTES

Any dispute arising between the primary contractor and its subcontractors or between subcontractors must be resolved without involvement of any kind on the part of Eastern Washington University

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and without detrimental impact on the delivery of the contracted goods and services.

Legal and Regulatory Compliance

LEGAL COMPLIANCE

Contractors, sub-contractors and their employees are required to comply with all applicable local, State and Federal laws, codes, ordinances and regulations during the course of their work for the University. The contractor shall take all required actions to comply with Labor and Industries inspection requirements. The contractor/employee shall comply with the University's security policies.

SAFETY CONSIDERATIONS

The contractor shall be responsible for compliance with all relevant State and Federal workplace safety requirements to include compliance with University safety directives and policies. The contractor shall be responsible for ensuring that their employees are trained in the safety procedures appropriate to their assigned work.

The Contractor agrees to indemnify, defend and save harmless the State of Washington, the University, it’s Board of Trustees, officers, agents and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. The Contractor shall provide necessary worker’s compensation insurance at Contractor’s own cost and expense.

DRUG USE POLICY

Use of illegal drugs, alcohol or controlled substances on University premises is strictly prohibited. Working on this project while under the influence of drugs or alcohol is strictly prohibited.

HARASSMENT, DISCRIMINATION, FRATERNIZATION

Any form of harassment, discrimination or improper fraternization with students or University employees is strictly prohibited.

UNPROFESSIONAL BEHAVIOR

Use of profanity or other behaviors inconsistent with professionalism by contractor or sub-contractor employees will be grounds for removal of the offending employee from the project.

ATTIRE

All contractor employees must be properly attired while on Eastern Washington University property.

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February 22, 2002

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IDENTIFICATION BADGES

All contractor employees must wear identification badges (supplied by the contractor) while on EWU property.

COLLECTIVE BARGAINING

Labor unions involved in any collective bargaining agreements covering any contractor’s employees who will be working on Eastern Washington University's premises must be specified.

BUILDING ACCESS

Contractor and/or subcontractor(s) shall get initial clearance from an Information Resources representative or someone designated by that office before entering any building to perform work assignments.

Patent Infringements The contractor shall agree to indemnify Eastern Washington University with respect to any legal suit, claim, or proceeding, which may be brought against it claiming the use of the proposed system constitutes an infringement of any patent or trade secret. The contractor will further agree to defend Eastern Washington University against any such claims and to pay all litigation costs attorneys' fees, settlement payments, and any damages awarded or resulting from any such claims.

Segmentation of Award Should the University proceed with the project described in this RFP, the contract award will not be split across multiple respondents. A single contract for all required labor and materials will be awarded.

Washington Institutions of Public Higher Education Clause This solicitation is being issued by Eastern Washington University (The Lead Institution) pursuant to the Interlocal Cooperative Act, RCW 39.34. All members of the Interlocal Agreement for Cooperative Purchasing by WIPHE (Washington Institutions of Public Higher Education) are eligible to purchase from the vendor who receives the award of this solicitation.

The Lead Institution reserves the right to award the contract in whole or in part in a manner that most effectively serves the WIPHE members, to reject any or all bids, and to otherwise proceed with the award as necessary to protect the best interests of WIPHE. After award, members of WIPHE will issue separate purchase orders to the successful vendor(s) if they choose to acquire the items pursuant to this award.

All questions regarding this bid must be directed to the Lead Institution. DO NOT CONTACT ANY OTHER WIPHE MEMBERS.

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February 22, 2002

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EWU Strategic Partnership for Web Content Management System/Portal Software

Scope of Agreement

Introduction

Eastern Washington University plans to acquire an enterprise-wide Web Content Management System/Portal System that will simplify and standardize all website development, simplify site maintenance functions and move EWU towards a more formally planned and managed web structure. The system must allow for existing client-server applications and their related files and databases to eventually be interfaced and made accessible via a web browser. While EWU will maintain a view for its general audience, a shift towards an Intranet and audience defined portal views will become a necessity.

In addition, EWU is particularly interested in those vendors that would seek to be more than just a product provider. The university recognizes the comprehensive nature of the features it would like to see included in the proposed system, and it believes that this will require the ongoing participation of a strategic partner functioning in a joint R & D mode with university technical staff. Additional information on such a relationship is provided in the “Strategic Partner Relationship” section below.

The Vendor shall propose a proposal plan that includes the following:

CONTENT MANAGEMENT SOFTWARE COMPONENT

Respondents must indicate how they will provide Content Management Software that provides the following:

• Must support a development, staging and presentation framework

• Must allow for the co-development of multiple sites, allowing for a “live” site to be presented while development is ongoing

• Must provide for the separation of content from presentation using multiple site-wide and organizational unit-wide templates which allow for the following:

1. Ability to display content in a variety of presentation templates

2. Allow for URL, directory and business rule based templating

3. Ability to re-use content

4. Ability to create and apply templates at varying levels throughout EWU’s website

• Must allow users to easily create online forms with a database driven backend

• Must provide site & page versioning, site & page rollback abilities, ability to compare pages to previous versions and an ability to perform site-wide and single page version audits for quality assurance

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• Must provide tools for site logging and tracking, including traffic

reporting capabilities

• The ability to provide content metadata and comments, and facilitation of the development of sites which adhere to the American Disabilities Act

• Data exchange capabilities as provided through industry standard database connectivity protocols and XML exchange capabilities

• Document flow and Workflow capabilities that support the following:

1. Support for the existing content approval process and ability to add, change and develop workflow processes as the needs of EWU change

2. Support for multiple university-wide and organizational unit specific workflows

3. A graphical interface that can be used to build workflow processes

4. Support for open and automated scripting for external actions

5. Support for role-based and task-based workflow

• Must provide or allow for web search engine integration

• Must provide content component searching capabilities for content providers and the web management and development teams

• Must provide for broken link and orphan page checking capabilities

• Must provide content expiration capabilities

• Must not inhibit the use of scripting languages such as PHP, Perl and Allaire’s ColdFusion

• Must facilitate the use of Digital Signatures and Certificates

• Must integrate with industry standard, enterprise-wide office automation and operation applications and tools (e.g. Electronic Mail and Calendaring)

PORTAL DEVELOPMENT SOFTWARE COMPONENT

Respondents must indicate which components and tools will be provided to facilitate the future creation of a University Portal. Reponses should include information relating to the following:

• Tools which will allow for the segregation of content presentation into Intranet and Internet views

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• Ability to create roll-based views contingent upon user

authentication against an LDAP user database

• Data exchange capabilities as provided through industry standard database connectivity protocols and XML exchange capabilities

• Services and support options that would be available during a future creation of a University Portal

CLIENT CONTENT PUBLISHING TOOLS

Respondents must indicate how they will provide Client Content Publishing Tools that will provide the following:

• Support for the following Desktop Operating Systems:

1. Windows 98

2. Windows 2000 Professional

3. Windows XP

4. Macintosh OS8

5. Macintosh OS9

6. Macintosh OSX

 User authentication using existing LDAP user database and role-based capabilities

 Ability for non-technical users to easily provide content with minimal training

 Integration or compatibility with the standard Microsoft Office tools

 Integration or compatibility with industry standard web development and editing tools including, but not limited to, Macromedia Dreamweaver and Adobe GoLive

 File management views which allow content providers to maintain their documents from the desktop

 Must provide standard, open API support

 Must provide WYSIWYG editing and allow for GUI and HTML page comparison views

In addition, respondents should indicate their willingness to provide updated toolsets as additional operating systems and development software standards are developed.

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SERVER-SIDE SOFTWARE AND MANAGEMENT TOOLS

Respondents must indicate how they will provide Sever-side Software and Management Tools that provide the following capabilities:

• Support for Linux Redhat 7.1 or greater, or support for Windows 2000 server

• Support for Apache webserver as the content display presentation technology

• Storage of web content components in an enterprise-wide database system or in a robust collection of XML documents

• Extensibility of content via ODBC, JDBC or XML data exporting/importing

• Integration and support with campus LDAP user database for authentication

• Support for 128-bit encryption with peer to peer authentication

• Support for load balancing, system fail-over and session management capabilities

In addition, respondents should indicate their willingness to provide updated toolsets as additional operating systems and development software standards are developed

Strategic Partner Relationship Specifically address the opportunity to develop a strategic partner relationship with the vendor to develop, test and market the content management and portal software. The contract should specify how the vendor will work with the university in the following areas:

FORM A JOINT R & D TEAM

Assign resources to form a joint R&D team to define, test, implement and market a comprehensive system.

7.2.2 Provide an Aggressive Discount In exchange for the university serving as a model site for the product and assisting in presentations/demonstrations, the vendor will provide an aggressive discount and consultation services at no cost.

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7.2.3 Cost Recovery The vendor will provide a formula for “cost recover” of any fees paid by the university. Such a cost recovery would be based on a mutually agreed upon percentage of sales resulting from direct university participation with new prospects.

Term of Agreement The term of the basic agreement shall span for three (3) years with an option to extend the basic agreement for a fourth (4) and an option for a fifth (5) year with pre-negotiated rates. The contract will begin no later than March 1, 2003.

Guaranteed Pricing Prices quoted shall be firm for the term of the agreement. The vendor shall use the Consumer Price Index for All Urban Consumers (CPI-U) category of “Services Less Rent of Shelter” for the Seattle-Tacoma- Bremerton Consolidated Metropolitan Statistical Area [http://146.142.4.24/labjava/outside.jsp? survey=cu] to adjust the annual maintenance rate. The respondent shall guarantee parts pricing and availability for the duration of the basic contract and option years.

Labor Charges All applicable labor charges, for the term of the entire agreement, must be stipulated in contractor’s response to this RFP.

Post-warranty Service The vendor’s proposal must include post warranty service.

Technicians For the purposes of this RFP and the vendor’s response, qualified technicians are defined as technicians that are certified to maintain the equipment and software provided by that vendor.

Vendor must agree that only qualified technicians (as described above) will be dispatched to perform service work on the equipment or software.

Vendor agrees to maintain a staff of experienced and qualified technicians, equivalent to that initially proposed, during the entire course of the agreement.

Vendor shall agree to update technicians training level and skill set consistent with any upgrades to the product purchased by Eastern Washington University.

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Off Hours Service Response Times

Vendor shall propose guaranteed response times to provide technician services outside of the normal University hours. Normal University hours will be defined and established during contract negotiations. The response time must include the maximum allowable callback time for emergency calls.

Vendor shall describe the specific criteria for call escalation procedures.

Escalation and Penalties Vendor shall describe escalation procedures if problems are not resolved. The vendor shall detail the consideration or remediation they intend to provide the University in the event they do not meet these specifications.

Security The vendor must agree to maintain the security of all University passwords. The vendor must not make any changes to University hardware or software that would compromise the security of these systems.

Costs

Total Cost A total cost amount for the maintenance agreement must be provided including costs for extending the contract to cover years four and five. Include in the pricing model the discount provided for strategic partnering and the cost recovery specified in paragraph 6.2. Total cost shall include warranty replacement of all software and hardware items purchased from vendor.

No Unspecified Costs Only items in original proposal will be included in any payments to the contractor. Items added or deleted after the award of the contract will be cause to adjust the payment schedule.

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Certifications and Assurances

1. I/we make the following certifications and assurances as a required element of the RFP 0203 response, to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award to the successful proposer.

2. The prices and/or cost data have been determined independently, without consultation or communication with another bidder or with a EWU employee or agent.

3. I/we understand that EWU will not reimburse me/us for any costs incurred in the preparation of this bid response. All bid responses become the property of EWU and will not be returned.

4. I/we understand that by submission of a proposal I/we agree to be bound by all the terms and conditions of the RFP. Furthermore, I/we agree with and accept all the specifications set forth therein.

5. I/we have attached any proposed, alternate or additional terms and conditions.

________________________ _________________________

Bidder’s Firm Name Signature of Authorized

________________________ _________________________

Address Bidder’s Typed Name

________________________ _________________________

City, State Zip Bidder’s Title

( ) _____ ( ) _____ _________________________

Phone Fax Date

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Appendix A

DIS Terms and Conditions

EASTERN WASHINGTON UNIVERSITY

Standard Terms and Conditions for purchases under

Department of Information Services

(Office Automation Equipment and Telecommunications)

1. STANDARD TERMS AND CONDITIONS, REQUEST FOR QUOTATION, AND PURCHASE ORDERS: This purchase order contract includes the following Terms and Conditions and includes, but is not limited to the Request For Quotations, specifications, plans and published Policy and Procedures of the Department of Information Services under RCW 43.105 and the Laws of the State of Washington, which are hereby incorporated by reference.

2. ACCEPTANCE: This order expressly limits acceptance to the Terms and Conditions stated herein, all additional or different terms proposed by vendor are objected to and hereby rejected, unless otherwise provided in writing by the customer.

3. ANTI-TRUST: Vendor and Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Therefore, Vendor hereby assigns to Purchaser any and all claims for such overcharges.

4. ASSIGNMENTS: The provisions or monies due under this order shall only be assignable with prior written consent of Purchaser.

5. BRANDS: Special brands, when named, are to indicate the standard or quality, performance, or use desired. Bids on Vendor's equal will be considered provided Vendor specifies brand, model, and the necessary descriptive literature. In the event Purchaser elects to contract for an alternate purported to be an equal by the bidder, the acceptance of the item will be conditioned on Purchaser's inspection and testing after receipt. If, in the sole judgment of the Purchaser, the item is determined not to be an equal, the material shall be returned at the Vendor's expense and this order terminated.

6. CHANGES: No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of orders under this Agreement will be effective without prior written consent of Purchaser.

7. DEFAULT AND GOVERNING LAW: The Vendor covenants and agrees that the Law of the State of Washington shall govern this order, and in the event suit is instituted by Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction to be in default, it shall pay to Purchaser all costs, expenses expended or incurred by Purchaser in connection therewith, and reasonable attorney's fees. The Vendor agrees that the Superior Court of the State of Washington

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shall have jurisdiction over any such suit, and that venue shall be alid in the County in which the Purchaser's principal offices are located.

8. DELIVERY: For any exception to the delivery date specified on this order, Vendor shall give prior notification and obtain written approval thereto from the Purchaser. With respect to delivery under the order, time is of the essence and the purchase order is subject to termination for failure to deliver on time.

9. HANDLING: No charges will be allowed for handling, which includes, but is not limited to packing, wrapping, bags, containers, or reels, unless otherwise stated herein.

10. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be enclosed in each and every box or package shipped pursuant to this order, indicating the content thereof.

11. INFRINGEMENTS: Vendor agrees to protect and save harmless Purchaser against all claims, suits, or proceedings for patent, trademark, copyright, or franchising infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suits, or proceedings.

12. LIENS, CLAIMS, AND ENCUMBRANCES: Vendor warrants and represents that all the goods and materials supplied hereunder are free and clear of all liens, claims, or encumbrances of any kind.

13. NON-WAIVER BY ACCEPTANCE OF VARIATION: No provision of this order, or the right to receive seasonable performance of any act called for by the terms shall be deemed waived by a waiver by Purchaser of a breach thereof as to any particular transaction or occurrence.

14. NONDISCRIMINATION AND AFFIRMATIVE ACTION: The Contractor agrees not to discriminate against and to take affirmative action to ensure equality of treatment for any client, employee, or applicant for employment or services because of age, race, color, religion, sex, ancestry, national origin, marital status, Vietnam era or disabled veteran status, or the presence of any mental, physical or sensory handicap with regard to but not limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships and volunteers. A Vendor in violation of this clause or any applicable affirmative action program may become subject to other penalties as elsewhere provided in Washington State Law.

15. OFF-SHORE ITEMS: In accordance with Chapter 39.25 RCW, upon completion of this order, Vendor shall furnish a certified statement settling forth the nature and source of off-shore items in excess of $2,500 which have been utilized in the performance of this order.

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16. PAYMENT, CASH DISCOUNT, LATE PAYMENT CHARGES: Invoices will not be processed for payment nor will the period of computation for cash discount commence until receipt of a properly completed invoice or invoiced items are received, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made available for this order, but the invoice does not reflect the existence of a cash discount, Purchaser is entitled to a cash discount with the period commencing on the date it is determined by Purchaser that a cash discount applies. Under Chapter 68, Laws of 1981, if Purchaser falls to make timely payment, Vendor may invoice for one percent per month on the amount overdue, or a minimum of one dollar. Payment shall not be considered late if a check or warrant is available or mailed within the time specified, or if no terms are specified, within thirty days. Normally payments to vendors will be remitted by mail. The Purchaser shall not honor drafts, nor accept goods on a sight draft basis.

17. PRICES AND PRICE WARRANTY FOR COMMERCIAL ITEMS: If price is not stated on this order, it is agreed that the goods shall be billed at the price last quoted or paid, or the prevailing market price, whichever is lower. Vendor warrants that prices charged to Purchaser are based on Vendor's current catalog or market prices of commercial items sold in substantial quantities to the general public and prices charged do not exceed those charged by Vendor to other Customers purchasing the same item in like or comparable quantities.

18. REJECTION: All goods or materials purchased herein are subject to approval by Purchaser. Any rejection of goods because of nonconformity to the terms and specifications of this order, whether held by Purchser, or returned, will be at Vendor's risk and expense, PROVIDED, that Purchaser has notified Vendor of such rejection within a two week period following receipt, or the goods will be deemed to have been accepted by Purchaser. Purchaser shall have no obligation to pay for goods which have been timely rejected.

19. RISK OF LOSS: Regardless of FOB Point, Vendor agrees to bear all risks of loss, injury, or destructon of goods and materials ordered herein which occur prior to delivery; and such loss, injury, or destruction shall not release Vendor from any obligation hereunder.

20. SAFETY AND HEALTH REQUIREMENTS: Vendor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and the standards and regulations issued thereunder and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Vendor further agrees to indemnify and hold harmless Purchaser from all damages assessed against purchaser as a result of Vendor's failure to comply with the Acts and the standards issued thereunder and for failure of the items furnished under this order to so comply.

21. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipping FOB Destination. Where shipping addresses indicate room numbers, the Vendor shall make delivery to that location at no additional charge. Where specific authorization is granted to ship goods FOB Shipping Point, Vendor agrees to prepay all shipping

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charges, route as instructed or if instructions are not provided, route by cheapest common carrier, and to bill Purchaser as a separate item on the invoice for said charges, less federal transportation tax. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that Purchaser reserves the right to refuse COD shipments.

23. TAXES: Unless otherwise indicated, Purchaser agrees to pay all State of Washington sales or use tax. No charges by Vendor shall be made for federal excise taxes, and Purchaser agrees to furnish Vendor, upon acceptance of goods or materials supplied under this order, with an exemption certificate.

24. TERMINATION: In the event of a breach by Vendor of any of the provisions of this order, Purchaser reserves the right to cancel and terminate this order forthwith upon giving oral or written notice to vendor. Vendor shall be liable for damages suffered by Purchaser resulting from Vendor's breach of contract.

25. WARRANTIES: Vendor warrants that goods and materials supplied under this order conform to specifications herein and are fit for the purpose for which such goods and materials are ordinarly employed; except if a particular purpose is stated, the goods and materials must then be fit for that particular purpose. Vendor and Purchaser agree that this order does not exclude, or in any way limit, other warranties provided for in this agreement or by law.

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