REQUEST FOR PROPOSAL #43-05 April 12, 2005
Administered by:
PURCHASING DEPARTMENT
UNIVERSITY OF MAINE
ORONO, MAINE 04469-5765
1.0 GENERAL INFORMATION:
1.1 Purpose: The University of Maine System, acting through The University of Southern Maine (USM), is seeking proposals for the provision of after-hours telephonic triage to support students of USM and it’s partners in the Consortium for the Greater Portland Alliance of Colleges and Universities (GPACU).
This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.
1.2 Definition of Parties: For the purpose of this RFP, the Greater Portland Alliance of Colleges and Universities (GPACU), consists of The University of Southern Maine (USM), St. Joseph’s College and Southern Maine Community College (SMCC). Students from the Maine College of Arts (MCA) are included and served through USM. GPACU will hereinafter be referred to as the "University." Respondents to the RFP shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."
1.3 Scope: It is the intent of the University to enter into a multi-year contract for the provision of after-hours telephonic triage for its students during the calendar year and additional coverage for on-campus summer programs. Historically, the maximum monthly number of after-hours triages, by member institution, was: USM 67, St. Joseph’s College 13, Southern Maine Community College 7.
1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the University's best interests, including, but not limited to: service, price, ability to meet specifications and references.
1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site, www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.
Inquiries must be made to: Hal Wells
Purchasing Department Room 101J
University of Maine
5765 Service Building
Orono, Maine 04469-5765
(207) 581-2708
1.6 Award of Proposal: Selection may be made of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. Presentations may be requested of the bidders so selected. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of proposals. The University may cancel this RFP or reject any or all proposals at any time prior to an award. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.
1.7 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature. Clearly mark any information considered confidential.
1.8 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.
1.9 Debarment: Submission of a signed proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.
1.10 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.
1.11 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.
1.12 Proposal Submission: A SIGNED original and three (3) copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Friday, April 29, 2005, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. Additional time will not be granted to any vendor. Additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:
Name of Bidder
Address of Bidder
Due Date
RFP #
2.0 GENERAL TERMS AND CONDITIONS:
2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.
2.2 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.
2.3 Contract Term: The contract term shall be for a period of two (2) years commencing upon September 1, 2005. With mutual written agreement of the parties this contract may be extended for three (3) additional one-year periods.
2.4 Contract Data: The Contractor is required to provide the University with detailed data concerning the contract at the completion of each contract year or at the request of the University at other times. The University reserves the right to audit the Contractor's records to verify the data. Data shall be provided, separately, to each of the three participating GPACU members.
2.5 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.
2.6 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within ten (10) days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Except for such cancellation for cause by the University, either the University or the Contractor may terminate this Contract by giving sixty (60) days advance written notice to the other party. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.
2.7 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from the USM Director, University Health Services, Jane Coolidge, 780-4083.
2.8 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted a state court located in the State of Maine.
2.9 Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior written consent of the University.
2.10 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.
2.11 Independent Contractor: Whether the Contractor is corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.
2.12 Sexual Harassment: The University is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Executive Director for Campus Pluralism & Equal Opportunity, 780-5094.
2.13 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.
2.14 Contractor’s Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:
Insurance Type Coverage Limit
1. Commercial General Liability $1,000,000 per occurrence or more
(Written on an Occurrence-based form) (Bodily Injury and Property Damage)
2. Automobile Liability $1,000,000 per occurrence or more
(Including Hired & Non-Owned) (Bodily Injury and Property Damage)
3. Workers Compensation Required for all personnel
Employers Liability minimum limits:
Bodily injury by accident: $100,000 each accident
Bodily injury by disease: $100,000 each accident
Bodily injury by disease: $500,000 policy limit
The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with:
University of Maine Purchasing Department
5765 Service Building
Orono, Maine 04469
Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.
As additional insured and certificate holder, the University should be included as follows:
The University of Maine System
107 Maine Avenue
Bangor, ME 04401
3.0 PERFORMANCE TERMS AND CONDITIONS:
3.1 Contract Administration: The University of Southern Maine’s University Health & Counseling Services Department or its designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.
3.2 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator.
3.3 Payments: Each of the three consortium members will issue its own purchase order for services. Separate invoicing will be required. For USM, payment will be upon submittal of an invoice to the University Health & Counseling Services Department by the Contractor on a net 30 basis unless discount terms are offered. Invoices must include a purchase order number.
3.4 Communications: The Contractor shall provide the necessary information and instructions to allow the University to divert telephone calls to the Contractors telephonic triage facility. The procedure for diverting telephone calls may vary with each of the three consortium members.
3.5 Customize response: The Contractor shall customize its telephonic triage system to include information and instructions supplied by the consortium members. Each of the three consortium members will require its own customized response.
3.6 Response: The Contractor shall respond to all calls when the University’s Health & Counseling Services Department is closed. Generally coverage is expected evenings, nights, weekends, holidays, snow days and meeting times during the calendar year and during selected summer session programs.
3.7 The Contractor shall answer all calls with a Maine licensed Registered Nurse or Medical Service Representative.
3.8 Data collection: The Contractor shall request demographic information from callers including: patient name, caller’s name (if different than patient), patient’s date of birth, patient’s phone number, patient’s primary care physician and a brief description of the reason for the call.
3.9 Recording: The Contractor will record calls and notify callers of the audio taping of calls.
4.0 PROPOSAL CONTENT:
Bidders shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the University. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information describing operational abilities. Responses to each requirement below should be in order and clearly marked with the section number to which they respond.
4.1 Business Profile:
4.1.1 Financial – Bidders need only supply one copy of the following with their proposals.
Public Companies
-annual reports for the last three years
-history and description of the company
-recent reports from securities analysts
-published reports about the company
Private Companies
-financial statements or tax forms from three years
-history and description of the company
-published reports about the company, if any
4.1.2 Credit rating/report, letter from bank, suppliers.
4.2 Staff qualifications: Describe the qualifications, certification(s) and experience of all personnel who will be providing the services required under this Contract. Submit copies of all applicable certificates with your response.
4.3 Communications: Describe the method by which the University will divert telephone calls to the Contractor’s telephonic triage facility. Clearly identify any technical requirements and any potential costs to the University involved in achieving this capability.
4.4 Customization: Describe how you will incorporate information and instructions supplied by the University in the telephonic triage system.
4.5 Call response: Describe the policies and procedures by which your employees evaluate and respond to calls.
4.5.1 Initial evaluation:
a) Who initially answers each call and what task(s) do they perform?
b) If calls are initially answered by non-clinical representatives, are all calls passed to a clinically qualified individual?
4.5.2 Response(s) to:
a) A life-threatening emergency,
b) An urgent but not life-threatening emergency,
c) A call that is not urgent and not life-threatening.
4.6 Clinical guidelines: Identify the source of clinical guidelines used to respond to triage calls, e.g. a computerized primary care system.
4.7 Reporting: Describe how you will collect and forward information to the University. Include information related to daily reporting of calls received during the previous after hours period as well as summary reports available to the University for monthly, quarterly or annual periods.
4.8 Pricing: Vendors shall provide an annual cost for service. Per call (per triage) costs shall be identified and maximum allowances (number of calls per period) shall be stated, if applicable. If the cost per call (triage) changes after a maximum amount, identify the fee per call (triage) after the maximum has been exceeded.
Will unused allocation(s) roll over to the next period?
What is the disposition of any remaining balance at the end of each contract term?
4.9 References: Submit three references with your quotation. These references should be agencies your firm has done business with in the past year on projects with a similar scope to this one.
Company Name:____________________________________________________
Address:_________________________________________________________
City:____________________ State:_________ Zip Code:___________
Contact Person:__________________________________________________
Phone Number: ( ) ______________ Fax Number: ( )_____________
5.0 SIGNATURE:
COMPANY NAME _______________________
By:
(Signature)
(Print Name)
(Title)
(Date)
UNIVERSITY OF MAINE SYSTEM
STANDARDS FOR SAFEGUARDING INFORMATION
ATTACHMENT A
This Attachment addresses the Contractor’s responsibility for safeguarding Confidential Information.
1. Standards for Safeguarding Information: The Contractor agrees to safeguard Confidential Information obtained or accessed in the course of this engagement.
a. Confidential Information: Confidential Information may include but is not limited to addresses, phone numbers, financial information, bank account numbers, other employee and student personal information, and Social Security numbers, in both paper and electronic format.
2. Prohibition of Unauthorized Use or Disclosure of Information: Contractor agrees to hold all information in strict confidence. Contractor shall not use or disclose information received from, or created or received by Contractor on behalf of the University except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by the University.
3. Return or Destruction of Confidential Information:
a. Except as provided in Section 3(b), upon termination, cancellation, or expiration of the Agreement, for any reason, Contractor shall cease and desist all uses and disclosures of Confidential Information and shall immediately return or destroy (if the University gives written permission to destroy) in a reasonable manner all Confidential Information received from the University, or created or received by Contractor on behalf of the University, provided, however, that Contractor shall reasonably cooperate with the University to ensure that no original information records are destroyed. This provision shall apply to information that is in the possession of subcontractors or agents of Contractor. Contractor shall retain no copies of Confidential Information, including any compilations derived from and allowing identification of any individual’s Confidential Information. Except as provided in Section 3(b), Contractor shall return (or destroy) Confidential Information within 30 days after termination, cancellation, or expiration of this Agreement.
b. To the extent that Contractor can presently determine that in the course of maintaining adequate business records to comply with record retention or other requirements, that returning or destroying the confidential information in the future will be infeasible, Contractor shall provide below the conditions that make return or destruction infeasible and shall indicate the types of records that Contractor intends to retain. If, upon termination of this Agreement, the Contractor is required to retain information in addition to that indicated below, Contractor shall notify the University in writing of the conditions that make return or destruction of such additional information infeasible and the types of records retained. If, upon termination of the Agreement, Contractor determines that retaining the items indicated below is not required, Contractor will return to the University or destroy all confidential information within 30 days after termination, cancellation, or expiration of this Agreement. Upon mutual agreement of the parties that return or destruction of confidential information is infeasible, Contractor shall extend the protections of the Agreement including this Attachment to such confidential information and limit further uses and disclosures of such confidential information to those purposes that make the return or destruction infeasible, for so long as Contractor maintains such confidential iInformation.
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4. Term and Termination:
a. This Attachment shall take effect upon execution:
b. In addition to the rights of the Parties established by this Agreement, if the University reasonably determines in good faith that Contractor has materially breached any of its obligations, the University, in its sole discretion, shall have the right to:
i. Inspect the data that has not been safeguarded and thus has resulted in the material breach, and/or
ii. Require Contractor to submit a plan of monitoring and reporting, as the University may determine necessary to maintain compliance with this Agreement; and/or
iii. Terminate the Agreement immediately
c. Before exercising any of these options, the University shall provide written notice to Contractor describing the violation and the action it intends to take.
5. Subcontractors and Agents: If Contractor provides any Confidential Information received from the University, or created or received by Contractor on behalf of the University to a subcontractor or agent, the Contractor shall require such subcontractor or agent to agree to the same restrictions and conditions as are imposed on Contractor by this Agreement.
6. Maintenance of the Security of Information: Contractor shall develop, implement, maintain, and use appropriate administrative, technical, and physical security measures to preserve the confidentiality, integrity, and availability of all maintained or transmitted information received from the University, or created or received by Contractor on behalf of the University.
7. Reporting of Unauthorized Disclosures or Misuse of Information: Contractor shall report to the University any use or disclosure of information not authorized by this Agreement or in writing by the University. Contractor shall make the report to the University not more than one (1) business day after Contractor learns of such use or disclosure. Contractor’s report shall identify; (i) the nature of the unauthorized use or disclosure (ii) the information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate the effects of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide such other information, including a written report, as reasonably requested by the University.
8. Survival: The respective rights and obligations of Contractor under Section 12 of the Contract or Section 3 of this Attachment shall survive the termination of this Agreement.