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REQUEST FOR PROPOSAL by The University of Texas at Austin for Selection of a Vendor to Provide a Utilities Billing and Reporting System RFP No. 2009010RL Submittal Deadline: November 3, 2008 at 2:30 PM Central Prevailing Time Submit to: The University of Texas at Austin Purchasing Office, Room 2.200 2200 Comal St, Austin, Texas 78722

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REQUEST FOR PROPOSAL

by

The University of Texas at Austin

for

Selection of a Vendor to Providea Utilities Billing and Reporting System

RFP No. 2009010RL

Submittal Deadline: November 3, 2008 at 2:30 PM Central Prevailing Time

Submit to: The University of Texas at AustinPurchasing Office, Room 2.200

2200 Comal St, Austin, Texas 78722

Issued: October 10, 2008

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REQUEST FOR PROPOSAL

TABLE OF CONTENTS

SECTION 1: INTRODUCTION....................................................................................................... 1

SECTION 2: NOTICE TO PROPOSER.......................................................................................... 3

SECTION 3: SUBMISSION OF PROPOSAL................................................................................. 7

SECTION 4: GENERAL TERMS AND CONDITIONS................................................................... 9

SECTION 5: SPECIFICATIONS AND ADDITIONAL QUESTIONS19

SECTION 6: PRICING AND DELIVERY SCHEDULE25

Attachments:

APPENDIX ONE: PROPOSAL REQUIREMENTS27

APPENDIX TWO: HUB SUBCONTRACTING PLAN38

APPENDIX THREE: ACCESS BY INDIVIDUALS WITH DISABILITIES45

APPENDIX FOUR: FULL SYSTEM REQUIREMENTS46

i

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SECTION 1

INTRODUCTION

1.1 Description of the University

The University of Texas was established by the state legislature in 1881; by popular vote, the Main University was located at Austin and the Medical Branch at Galveston. The Austin campus was opened in September, 1883, with a faculty of 8 and a student body of 218; about three-quarters of the students were registered in the Academic Department and the remainder in the Law Department. In the intervening eleven decades, the central campus has grown from 40 to more than 360 acres, while the student body has increased to about 38,000 undergraduates and 12,000 graduate students. In 1967, with the creation of The University of Texas System, the name of the Main University was changed to the University of Texas at Austin.

University students represent both the diverse population of the state and the full range of contemporary scholarship: an undergraduate may choose courses from more than 160 fields of study while pursuing any of more than 100 majors. Undergraduate study is supported by extensive mainframe and microcomputer facilities and by one of the largest academic libraries in the nation. Students also benefit from the broad range of scholarly and technical research conducted by the faculty and the research staff.

The city of Austin, with a population of about 500,000, is a relaxed and cosmopolitan setting for The University. The city is home to respected professional communities in theatre, dance, the visual arts, and classical and popular music that offer a wide range of cultural events. Students may also take part in recreational activities made possible by the temperate climate and Austin's location in the Hill Country of central Texas.

The University is accredited by the Southern Association of Colleges and Schools and is one of three Southwestern members of the Association of American Universities.

1.2 Background and Special Circumstances

Campus Planning and Facilities Management (CPFM) has three primary responsibilities. The first two include the successful operation of Facilities Services and of Utilities and Energy Management. The third is as liaison between The University of Texas (U.T.) at Austin's academic and administrative units and the University of Texas System's Office of Facilities Planning and Construction (OFPC). OFPC is the contractor for major construction projects for all U.T. component institutions. CPFM facilitates the successful delivery of these projects to the U.T. Austin campuses.

Facilities Services is responsible for management of existing facilities on all U.T. Austin campuses. These functions include: architectural and engineering services for renovations, building maintenance, landscape services, custodial services, recycling programs, and various shop functions consistent with all aspects of maintaining the buildings and grounds for The University of Texas at Austin. The main campus now covers approximately 423.5 acres. Also part of the University is the J. J. Pickle Research Campus, a 476 acre tract eight miles north of the main campus that houses research organizations in engineering, science, and the social sciences. In addition the University is complemented with the Brackenridge tract, 445 acres bordering Town Lake where research is conducted in life sciences; and the Montopolis Research Center, 94 acres in Southeast Austin. The University also owns the Marine Science Institute at Port

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Aransas, the Winedale Historical Center near Round Top, the Bee Cave Research Center west of Austin, and J. Frank Dobie's ranch in Paisano. The combined campuses total over 15.4 million gross square feet, all of which are maintained by the 1068 Physical Plant employees.

Utilities and Energy Management is responsible for all utility services at The University of Texas at Austin main campus. This department generates all of the power used on campus and operates a cogeneration facility with a peak load capacity of 100 megawatts. Included in this department are mechanical and electrical distribution shops and several chilling stations. Utilities and Energy Management is focused on a very aggressive energy management program

The Chilling Stations provide cooling for approximately 12 million square feet of the Main Campus buildings. There are four Chilling Stations on the campus. The electrical networks include all of the equipment from the Power Plant or incoming power supply to each building's main power switchgear.

Also, in conjunction with the University of Texas System, the Campus Planning and Facilities Management organization provides project management for capital projects at UT Austin. The combined budgets for the current and planned projects total over 300 million dollars. The Project Management staff is involved in all phases of the capital construction process from programming through final acceptance.

Finally, the CPFM department has over 500 desktop computers and printers. The operating systems in use on the desktop are MacOS, Windows Server 2003, RHEL and Windows XP Professional. The applications software in use are:

AutoCAD Microsoft Exchange Microsoft Office2003 Filemaker Pro MS Project

The CPFM department runs Windows Server 2003 and Redhat Linux servers providing database and file sharing services.

1.3 Objective of this Request for Proposal

The University of Texas Utilities and Energy Management (the “University”) is soliciting proposals in response to this Request for Proposal for Selection of a Vendor to Provide a Utilities Billing and Reporting System, RFP No.2009010RL (this “RFP”), from qualified vendors. The Services, which are more specifically described in Section 5.4 (Scope of Work) of this RFP, include (1) Implementation; (2) Training; (3) Development; and (4) Maintenance and Support.

1.4 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP.

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SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals submitted in response to this RFP until 2:30 p.m., Central Prevailing Time on November 3, 2008 (the “Submittal Deadline”). Submit to The University of Texas at Austin, Purchasing Office, room 2.200, 2200 Comal St, Austin, Texas 78722

2.2 University Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following University contact (the “University Contact”):

Ms. Rae Lender, Senior [email protected]

University specifically instructs all interested parties to restrict all contact and questions regarding this RFP to written communications, preferably by email, forwarded to the University Contact. The University Contact must receive all questions or concerns no later than October 23, 2008. University will have a reasonable amount of time to respond to questions or concerns. It is University’s intent to respond to all appropriate questions and concerns; however, University reserves the right to decline to respond to any question or concern.

2.3 Criteria for Selection

The successful Proposer, if any, selected by University in accordance with the requirements and specifications set forth in this RFP will be the Proposer that submits a proposal in response to this RFP on or before the Submittal Deadline that is the most advantageous to University. The successful Proposer is referred to as the “Contractor.”

Proposer is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) services to University, (2) total overall cost to University, and (3) project management expertise. Proposers should describe all educational, state and local government discounts, as well as any other applicable discounts that may be available to University in a contract for the Services.

The criteria to be considered by University in evaluating proposals and selecting the Contractor will be those factors listed below:

2.3.1 the proposed cost of the software, source code, training and implementation services (35 pts.);

2.3.2 the extent to which the goods or services meet the University's needs based on responses in APPENDIX FOUR (30 pts.);

2.3.3 the Proposer's capability to perform the implementation services for the project, including Proposer's demonstrated capability and financial resources to perform the work in the time projected based on the implementation plan submitted (ref. Section 5.4.1 of this RFP) (12 pts.);

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2.3.4 the level of the maintenance provided by Proposer: upgrades, telephone, Internet and on site (10 pts.);

2.3.5 the Proposer's position on the sale of the proposed products' source code (5 pts.);

2.3.6 the reputation and quality of references of the Proposer and of the Proposer's goods or services (4 pts.);

2.3.7 the Proposer’s exceptions to the terms and conditions set forth in Section 4 of this RFP (3 pts.);

2.3.8 the impact on the ability of the University to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities (1 pt.).

An evaluation team from University will evaluate proposals. The evaluation of proposals and the selection of the Contractor will be based on the information provided by Proposer in its proposal. University may give consideration to additional information if University deems such information relevant.

After the initial evaluation of Proposals, the top-scoring proposals will be subject to verification of Proposer’s responses through site visit(s) and/or demonstrations. Such activities will be conducted at the sole expense of the Proposers. These top-scoring Proposals will then be re-evaluated on the same criteria and points posted in this RFP.

2.4 Key Events Schedule

Issuance of RFP October 10, 2008

Deadline for Questions/Concerns October 23, 2008(ref. Section 2.2 of this RFP)

Submittal Deadline 2:30 p.m. Central Prevailing (ref. Section 2.1 of this RFP) Time on November 3, 2008

Submit to The University of Texas at Austin, Purchasing Office, room 2.200, 2200 Comal St, Austin, Texas 78722

2.5 Historically Underutilized Businesses

All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, the Contractor subcontracts any of the Services, then the Contractor must make a good faith effort to utilize HUBs certified by the Texas Procurement and Support Services Division of the Texas Comptroller of Public Accounts or any successor agency (collectively, “TPASS”). Each Proposer acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the Services will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of the Services by the Contractor is subject to review by the University to ensure compliance with the HUB program.

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2.5.1 All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, the Contractor subcontracts any of the Services, then the Contractor must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.5 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Proposer acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the Services will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of the Services by the Proposer is subject to review by University to ensure compliance with the HUB program.

2.5.2 University has reviewed this RFP in accordance with Title 34, Texas Administrative Code, Section 20.14, and has determined that subcontracting opportunities are probable under this RFP.

2.5.3 A HUB Subcontracting Plan (“HSP”) is required as part of Proposer’s proposal. The HSP will be developed and administered in accordance with University’s Policy on Utilization of Historically Underutilized Businesses attached as APPENDIX TWO and incorporated for all purposes.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX TWO. Proposers that fail to do so will be considered non-responsive to this RFP in accordance with Section 2161.252, Texas Government Code.

The Contractor will not be permitted to change its HSP unless: (1) the Contractor completes a newly modified version of the HSP in accordance with the terms of APPENDIX TWO that sets forth all changes requested by the Contractor, (2) the Contractor provides University with such a modified version of the HSP, (3) University approves the modified HSP in writing, and (4) all agreements or contractual arrangements resulting from this RFP are amended in writing by University and the Contractor to conform to the modified HSP.

Any proposal submitted in response to this RFP that is not accompanied by a separate HSP Envelope meeting the above requirements will be rejected by University and returned to the Proposer unopened as that proposal will be considered non-responsive due to material failure to comply with advertised specifications. Furthermore, University will open a Proposer’s HSP Envelope prior to opening the proposal submitted by the Proposer, in order to ensure that the Proposer has submitted the number of completed and signed originals of the Proposer’s HUB Subcontracting Plan (“HSP”) that are required by this RFP. A Proposer’s failure to submit the number of completed and signed originals of the HSP that are required by this RFP will result in University’s rejection of the proposal submitted by that Proposer as non-responsive due to material failure to comply with advertised specifications; such a proposal will be returned to the Proposer unopened (ref. Section 1.5 of APPENDIX ONE to this RFP). Note:

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The requirement that Proposer provide three originals of the HSP under this Section 2.5.3 is separate from and does not affect Proposer’s obligation to provide University with the number of copies of its proposal as specified in Section 3.1 of this RFP.

In accordance with Government Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit a State of Texas HUB Subcontracting Plan (HSP) with their solicitation response.

Contact Arthur McDonald, director, HUB office with questions concerning the HSP documents at phone 512-471-2852 or 512-471-4266 or email [email protected]

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SECTION 3

SUBMISSION OF PROPOSAL

3.1 Number of Copies

Proposer must submit a total of five (5) complete and identical copies of its entire proposal. An original signature by an authorized officer of Proposer must appear on the Execution of Offer (ref. Section 2 of APPENDIX ONE) of at least one (1) copy of the submitted proposal. The copy of the Proposer’s proposal bearing an original signature should contain the mark “original” on the front cover of the proposal.

3.2 Submission

Proposals must be received by University on or before the Submittal Deadline (ref. Section 2.1 of this RFP) and should be delivered to:

The University of Texas at AustinPurchasing Office, Room 2.200, 2200 Comal Street

Austin, Texas 78722-2596

3.3 Proposal Validity Period

Each proposal must state that it will remain valid for University’s acceptance for a minimum of ninety (120) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

3.4 Terms and Conditions

3.4.1 Proposer must comply with the requirements and specifications contained in this RFP, including the Notice to Proposer (ref. Section 2 of this RFP), Proposal Requirements (ref. APPENDIX ONE) and the Specifications and Additional Questions (ref. Section 5 of this RFP). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

3.4.1.1. Specifications and Additional Questions (ref. Section 5 of this RFP);

3.4.1.2. Terms and Conditions (ref. Section 4 of this RFP);

3.4.1.3. Proposal Requirements (ref. APPENDIX ONE);

3.4.1.4. Notice to Proposers (ref. Section 2 of this RFP).

3.5 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

3.5.1 Signed and Completed Execution of Offer (ref. Section 2 of APPENDIX ONE)

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3.5.2 Signed and Completed Pricing and Delivery Schedule (ref. Section 6 of this RFP)

3.5.3 Responses to Proposer's General Questionnaire (ref. Section 3 of APPENDIX ONE)

3.5.4 Responses to questions and requests for information in the Specifications and Additional Questions Section (ref. Section 5 of this RFP)

3.5.5 Signed and completed HUB Subcontracting Plan or other applicable documents (ref. APPENDIX TWO)

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SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General

These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract, if any, resulting from this Request for Proposal.

4.2 Definitions

Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:

Contract Documents shall mean the documents that form the Contract between University and the Contractor. The Contract Documents consist of the Purchase Order , Conditions of the Contract (this Section 4 - General Terms and Conditions, and any Additional or Special Conditions issued for this RFP), Specifications, Pricing and Delivery Schedule, Execution of Offer, Proposer's Questionnaire, and all Addenda and Amendments issued prior to and after the execution of the Contract.

University shall mean The University of Texas at Austin.

Proposer shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Contractor shall mean the individual, partnership, corporation, or other entity awarded a Contract for Utilities Billing and Reporting System under this RFP, in accordance with the terms, conditions, and requirements herein.

Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.

4.3 Entire Agreement

The Contract Documents, for all intents and purposes, are intended as the complete and exclusive statement of the agreement between University and the Contractor and supersede all prior or contemporaneous agreements, negotiations, course of prior dealings, or oral representations relating to the subject matter hereof.

The terms and conditions of any purchase order, agreements, amendments, modifications, or other documents submitted by either party which conflict with, or in any way purport to amend or add to any of the terms and conditions of the Contract are specifically objected to by the other party and shall be of no force or effect, nor shall govern in any way the subject matter hereof, unless set forth in writing and signed by both parties, subject to the provisions of paragraph 3.4 a hereof.

4.4 Time of Performance

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Time is of the essence in the rendering of services hereunder. Contractor agrees to perform all obligations and render services set forth per this Contract in accordance with the schedules herein and as mutually agreed upon between University and Contractor during the term of this Contract.A. Work Hours

All work required hereunder shall be performed during standard business hours, 8:00 a.m. to 5:00 p.m. (CT), Monday through Friday, excluding University observed holidays.

4.5 Default

In the event that the Contractor fails to carry out or comply with any of the terms and conditions of the Contract with University, University may notify the Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Contractor fails to remedy such failure or default within the ten (10) day period, University shall have the right to cancel the Contract.

Without limiting the foregoing, the following shall constitute a material breach by the Contractor, upon the occurrence of which the Contractor shall immediately notify University; the Contractor ceases its business operation, makes a general assignment for the benefit of creditors, is adjudged bankrupt, or becomes insolvent.

The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the Contract and such cancellation by University shall not limit any other right or remedy available to University at law or in equity.

4.6 Termination

A. For Convenience:

The Contract may be terminated, without penalty, by University without cause by giving thirty (30) days’ written notice of such termination to the Contractor.

B. In no event shall such termination by University as provided for under this Section give rise to any liability on the part of University including, but not limited to, any claims of Contractor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. University's sole obligation hereunder is to pay Contractor for products and/or services ordered and received prior to the date of termination.

4.7 Payment

A. Prior to ten (10) days before the end of each calendar month during the term of this Agreement, Contractor shall submit to the University an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that University may reasonably require to support the amount requested and to be submitted. The University will, within thirty (30) days from the date it receives such application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if University approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If University disapproves any amount requested by Contractor, University shall give Contractor specific reasons for its disapproval in writing.

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B. The cumulative amounts of monthly progress payments as set forth in this Article ("Progress Payment") shall not exceed the amount of Contractor’s total price, previously approved and accepted by University, for the goods or services hereunder.

C. Ten (10) days after final completion of the goods or services and acceptance thereof by University or as soon thereafter as possible, Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by University, University shall pay to Contractor the amount due ("Final Payment") under such Final Request.

D. Any provision hereof to the contrary notwithstanding, University shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to Contractor hereunder if any one or more of the following conditions precedent exist:

1. Contractor is in breach or default;

2. Any part of such payment is attributable to goods or services which are not performed in accordance with this Contract, provided, however, such payment shall be made as to the part thereof attributable to goods and services which are performed in accordance with this Contract, or the resultant purchase order or agreement;

3. Contractor has failed to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which University has made payment to Contractor; or

4. If University, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by University to be sufficient to so complete the goods and services.

E. No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto.

F. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to this Contract.

G. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Request for payment.

H. University shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefore, by (1) inspecting the books and records of Contractor at mutually convenient times; (2) examining any reports with respect to this Project; (3) interviewing Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action.

Invoices must reference University purchase order number and must agree in every detail with the Contract. University’s suggested payment terms are 2%/10 NET 30.

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4.8 Contract Amendments

The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the Contract must be forwarded to University’s Office of Financial Affairs for prior review and approval.

4.9 Independent Contractor Status

Contractor recognizes that it is engaged as an independent contractor and acknowledges that University will have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of University by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of University, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law.

4.10 Compliance with Law

Contractor is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991 and all laws and regulations and executive orders as are applicable.

4.11 University's Right to Audit

At any time during the term of this Contract and for a period of four (4) years thereafter University or a duly authorized audit representative of University, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by University reveals any errors/overpayments by University, Contractor shall refund University the full amount of such overpayments within thirty (30) days of such audit findings, or University, at its option, reserves the right to deduct such amounts owing University from any payments due Contractor.

4.12 Access to Documents

To the extent applicable to this procurement, in accordance with Public Law 99-499 under TEFRA, Contractor agrees to allow, during and for a period of not less than four (4) years after

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the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, the U.S. Department of Health and Human Services and their duly authorized representatives.

4.13 Title and Risk of Loss

For goods to be provided by Contractor hereunder, if any, the title and risk of loss of the goods shall not pass to University until University actually receives, takes possession, and accepts the goods at the point or points of delivery.

4.14 Acceptance of Products and Services

All products furnished and all services performed under this Contract shall be to the satisfaction of University and in accordance with the specifications, terms, and conditions of the Contract. University reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services.

4.15 Sales and Use Tax

University, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Contractor may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.

4.16 Insurance

A. For any Contract which requires the Contractor to provide on-site services, the Contractor shall, prior to commencement of work, provide University with Certificates of Insurance in the below amounts and shall maintain such coverage in effect for the full duration of the Contract.

1. Workers’ Compensation: Statutory2. Employer’s Liability $500,000.003. Comprehensive General Liability: $300,000.00 each occurrence

$500,000.00 in the aggregate

4. Comprehensive Automobile Liability (Any auto, hired auto, non-owned auto)

a) Bodily Injury: $300,000.00 each person$500,000.00 each occurrence

b) Property Damage: $300,000.00 each occurrence

B. Contractor shall deliver to University:

1. Certificates evidencing the existence of all such insurance promptly after the execution and delivery hereof and prior to the continued or additional performance of any services to be performed by Contractor hereunder from or after the date of any agreement or purchase order; and

2. Replacement certificates not less than thirty (30) days prior to the expiration of any such insurance. If, however, Contractor fails to pay any of the renewal premiums for the expiring policies, University shall have the right to make such payments and

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set-off the amount thereof against the next payment coming due to Contractor under any purchase order or agreement; and

3. Such Certificates shall name University as an Additional Insured, with the exception of Workers' Compensation and Employer's Liability, and shall provide that the policies will not be canceled until after thirty (30) days' unconditional, unqualified written notice to University, giving the University the right to pay the Premium to maintain coverage, in which event Paragraph 4.16.B.2 shall apply.

C. The insurance policies required in this RFP shall be kept in force for the periods specified below:

1. Commercial General Liability Insurance shall be kept in force until receipt of final payment by the Contractor;

2. Workers' Compensation Insurance shall be kept in force until the Contractor's obligations have been fully performed and accepted by University in writing.

D. Contractor shall provide University a full and complete copy of any insurance policy promptly upon request by University, and without charge to University.

4.17 Indemnification

A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTRACTOR AND ITS AGENTS, PARTNERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY "INDEMNITORS") SHALL AND DO AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, AND HOLD HARMLESS THE UNIVERSITY AND THE UNIVERSITY OF TEXAS SYSTEM, ITS AFFILIATED ENTERPRISES, REPRESENTATIVES OF THE UNIVERSITY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REGENTS, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, INCLUDING ATTORNEY FEES, OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY "LIABILITIES") OF ANY PERSON OR ENTITY WHOMSOEVER ARISING OUT OF, CAUSED BY, OR RESULTING FROM THE PERFORMANCE OF SERVICES, OR PROVISION OF GOODS, BY CONTRACTOR PURSUANT TO THIS CONTRACT, OR ANY PART THEREOF, WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE EVEN IF IT IS CAUSED IN PART BY THE NEGLIGENCE OR OMISSION OF ANY INDEMNITEE, SO LONG AS IT IS NOT CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IN THE EVENT MORE THAN ONE OF THE INDEMNITORS ARE CONNECTED WITH AN ACCIDENT OR OCCURRENCE COVERED BY THIS INDEMNIFICATION, THEN EACH OF SUCH INDEMNITORS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE TO THE INDEMNITEES FOR INDEMNIFICATION AND THE ULTIMATE RESPONSIBILITY AMONG SUCH INDEMNITORS FOR THE LOSS AND EXPENSE OF ANY SUCH INDEMNIFICATION SHALL BE SETTLED BY SEPARATE PROCEEDINGS AND WITHOUT JEOPARDY TO ANY INDEMNITEE. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH UNIVERSITY OR ANY OF THE INDEMNITEES HAS BY LAW.

B. CONTRACTOR SHALL PROTECT AND INDEMNIFY THE UNIVERSITY FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS AND LOSS ARISING FROM

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INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT, OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE SERVICES PERFORMED OR GOODS PROVIDED HEREUNDER OR THE USE BY CONTRACTOR, OR BY UNIVERSITY AT THE DIRECTION OF CONTRACTOR, OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, UNIVERSITY SHALL PROMPTLY NOTIFY CONTRACTOR AND CONTRACTOR SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT. CONTRACTOR DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF UNIVERSITY'S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, UNIVERSITY AGREES TO COOPERATE REASONABLY WITH CONTRACTOR AND PARTIES SHALL BE ENTITLED, IN CONNECTION WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.

C. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.

4.18 Force Majeure

If either University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) day for each day of such delay.

4.19 Other Benefits

It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.

4.20 Non-Disclosure

Contractor and University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.

4.21 Publicity

Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of University's employees or use University's name in connection with any sales promotion or publicity event without the prior express written approval of University.

4.22 Severability

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In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.

4.23 Non-Waiver of Defaults

No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained.

4.24 Assignment

The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties thereunder and/or fees due thereunder may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by University.

4.25 Assignment of Overcharge Claims

Contractor hereby assigns to University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).

4.26 Patent and Copyright

Contractor shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by this Contract.

4.27 Texas Public Information Act

University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

Proposers are hereby notified that University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFP information.

4.28 Freedom of Access and Use of Facilities

Contractor's employees shall have reasonable and free access to use only those facilities of University that are necessary to perform services under this Contract and shall have no right of access to any other facilities of University.

4.29 Observance of University Rules and Regulations

Contractor agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no smoking, and parking and security regulations.

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4.30 Section Headings

All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFP.

4.31 Notices

Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows:

If to Contractor, to the Contractor's last known mailing address.

If to University:

Purchasing Office, The University of Texas at Austin2200 Comal StreetAustin, Texas 78722-2596

4.32 Governing Law

This Contract, including, without limitation, this RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.

4.33 Dispute Resolution

(1) To the extent that Chapter 2260 of the Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Contract and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 shall be used, as further described herein, by UT and Contractor to attempt to resolve any claim for breach of contract made by Contractor:

(A) Contractor's claims for breach of this Contract that the parties cannot resolve pursuant to other provisions of this Contract or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor shall submit written notice, as required by subchapter B of Chapter 2260, to UT in accordance with the notice provisions in this Contract. Contractor's notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that UT allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The Chief Financial officer of UT, or such other officer of UT as may be designated from time to time by UT by written notice thereof to Contractor in accordance with the notice provisions in this Contract, shall examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve such claims.

(B) If the parties are unable to resolve their disputes under subparagraph (A) of this section, the contested case process provided in subchapter C of Chapter 2260 is Contractor's sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Contract by UT.

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(C) Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. The parties hereto specifically agree that (i) neither the execution of this Contract by UT nor any other conduct, action or inaction of any representative of UT relating to this Contract constitutes or is intended to constitute a waiver of UT's or the state's sovereign immunity to suit and (ii) UT has not waived its right to seek redress in the courts.

(2) The submission, processing and resolution of Contractor's claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found at [Texas Administrative Code citation, when available].

(3) Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of a claim constitute grounds for the suspension of performance by Contractor, in whole or in part. UT and Contractor agree that any periods set forth in this Contract for notice and cure of defaults are not waived, delayed, or suspended by Chapter 2260 or this section.

4.34 Survival of Provisions

No expiration or termination of this Agreement will relieve either party of any obligations under this Agreement that by their nature survive such expiration or termination.

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SECTION 5

SPECIFICATIONS AND ADDITIONAL QUESTIONS

5.1 General

The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. As indicated in Section 2.3 of this RFP, the successful Proposer is referred to as the “Contractor.”

The software must support the client/server model or be web-based for administrative users and a web-based interface for Utilities customers. It must be modular by design, allowing all related application sub-systems to share a common database. The database design must be 3rd normal form. Exceptions must be documented and explained.

The system must have role-based user security and must allow the administrator to control which systems and sub-systems can be accessed by each role /user. The system must allow the administrator to add, modify and delete access to each screen for each role/user. The system must uniquely identify each user and provide an audit trail by user ID of all activity in the database. The system must also provide archiving, backup and import/export capabilities.

The system must maintain consistent response time as database size or concurrent users increase. It must also support transaction processing and rollback and provide a data dictionary.

5.2 Minimum Requirements

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements. (See APPENDIX FOUR for a full list of system requirements.)

5.2.1 Billing Related

a. Ability to make adjustment for consumption, accounting %, or amount for primary or sub-meters.

b. Ability to indicate a split or submeter relationship (i.e. additive, subtractive)c. Ability to enter an adjustment date to indicate the billing period affected for

historical reporting as well as a transaction date to reflect when the adjustment was made for current month billing purposes.

d. Ability to make an adjustment for several months and have that data reflected in the respective month (retroactively), especially in the first billing month for a new account.

e. Fields to support informational needs for each customer. Name, address, contact, phone, bill to name, bill to address, bill to contact, bill to phone, begin/end dates, status, if P&I customer, etc.

f. Ability to identify customers that are to be billed electronically via transfer voucher and those that are to be billed by paper invoice.

g. Ability to link customer information to meter information; including multiple customers to a meter, multiple meters to a customer and multiple meters to multiple customers.

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h. Ability to prorate or estimate a reading for billing.i. Ability to generate a consolidated invoice for electric, steam, chilled water,

water, sewer and natural gas consumption and associated charges.j. Ability to bill customers at a fixed consumption for a meterk. Ability to bill customers for actual/estimated consumption for a meterl. Ability for a meter to have more than one active customer for a period of

time.m. Ability to apply full or partial payment to specific invoicesn. Ability to apply multiple rate schedules for the same commodityo. Ability to consolidate billable services and associated fees retaining

required detail per service into one invoice per customerp. Ability to allocate consumption from a meter that is connected to the same

line as another meter. The main meter will include consumption reading of the submeter as well as its own consumption. ("Sub Meters")

q. Ability to estimate one meter's consumption based on another although demand may be different. ("Reference Meters")

r. Ability to charge different rates for all utility types.

5.2.2 Reporting Related

a. Ability to view a detailed customer billing history including payments and adjustments

b. Ability to view a customer history summary/snapshotc. Ability to provide the following historical usage comparison which currently

appears on the invoice: current month to previous month and Y-T-D consumption units, change, % of change and difference in billing days

d. Ability to access consumption usage and $ history and generate comparative analysis by meter

e. Ability to view or print an invoice for a specific billing period and "drill down" to the details of the billing calculation in an electronic form.

f. Ability to recreate reports with actual consumption or billing consumption (i.e. actual period affected vs. billing period of adjustments). Show adjustments as separate line within the month.

g. Ability to access location detail of meters and description of service areah. Ability to access historical consumption data by 'campus category' and user

defined consolidation of categoriesi. Ability to track energy usage as Total utilities cost per sq ftj. Ability to track energy usage as Electric KWH use per sq ftk. Ability to track energy usage as Steam MLbs per sq ftl. Ability to track energy usage as Chilled Water ton-hrs per sq ftm. Ability to track energy usage as Total gallons water per sq ftn. Ability to report errors during pre-billing process.o. Ability for staff to review all imported meter readings, noting skipped readings

and rereads required.p. Ability to access actual consumption by specified date or range of dates to

enable consistent month to month comparisons

5.2.3 Vendor and Product Related

a. Vendor has provided history of product line being considered by UT Austin.b. Vendor has provided at least three references, including a university if

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c. If not willing to sell the source code, vendor is willing to place source code in an escrow account.

d. Vendor is willing to provide demo for presentation at UT Austin in support of their objectives/requirements.

e. Vendor has provided description of hardware, network servers, web requirements, etc. needed to support the product.

f. Vendor supplies implementation services and conversion assistance.g. Product is compliant with American Disabilities Act.h. Vendor has provided annual maintenance contract and cost.i. All product upgrades are included in annual maintenance cost.j. Vendor provides Help Desk Support via web as well as by telephone.k. Vendor provides various training options prior to or after implementation for

all user levels.l. Vendor provides on site training as part of implementation services.m. If selected for further evaluation, vendor is willing to provide an onsite hands-

on trial for staff review.

5.2.4 System Support Related

a. Support Windows Server 2003 or higher, or RHELb. Be hardware independent.c. Support an operating environment with a minimum of ten (10) concurrent

users. Operate in an environment in which there is simultaneous use of the network hardware and software for both the product and other network based computing resources

d. Provide security features that include:1. Multiple password levels2. Data security at the field level3. Allow read only access to authorized customers

e. Perform edit checks on fields and utilize pick lists and drag and drop functions

f. Allow a test system g. Provide data model to document database design

5.2.5 Infrastructure Related

a. Ability to customize to interact with mainframe accounting system;b. Provide comments area for each adjustment entryc. Ability to accept an alphanumeric field for billing account numberd. Ability to group customers by class for reporting and analysis purposese. Ability to accept an alphanumeric field for account numberf. Ability to accept an alphanumeric field for budget codeg. Ability to accept an alphanumeric field for object codeh. Ability to accept an alphanumeric field for University Department Numberi. Allow multiple account #/budget code by % or $ allocation for a customerj. Ability to record general comments regarding a customerk. Ability to identify the default billing account # and meter ID for all meters

including submetersl. Ability to provide the following data on the invoice: service provided, meter

number, number of billing days, from/to dates, beginning and ending readings, measurement unit, note if estimation, usage, usage %, units charged, rate, multiplier, cost, service fees, one time charges, adjustments, reasons for adjustments.

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m. Ability to duplicate the invoice for website application along with details of billing calculation for customer "drill down" ability.

n. Ability to transfer a previous customer to a new location with or without a balance due.

o. Allow an alphanumeric field for meter numberp. Ability to identify an unlimited number of meter typesq. Ability to classify meter by billable service (i.e. electric, gas, etc.)r. Ability to identify meter status (i.e. active or inactive)s. Allow for the maximum number of reading digits available on existing as well

as new meters installation. (i.e. to handle meter rollovers)t. Ability to set hi/low parameters of a meter to troubleshoot accuracy of

readings prior to billingu. Ability to identify a Split, Sub or Reference Meterv. Ability to record pipe size for water and sewer chargesw. Ability to record general comments regarding meter and read sequence

routingx. Ability to track exchanges, transfers and effective dates for all metersy. Maintain history of consumption usage and $ for all customersz. Ability to store all data used in billing for specific time periods for eight yearsaa. Ability to extract raw databb. Provide security for both read and write ability which can be tied to groups

and/or rolescc. Ability to download reports to Excel and Worddd. Provide a table to capture each utility and rate; historical storageee. Ability to output a file in the needed format that can be used in mainframe

accounting process.ff. Allow staff to update applicable rates maintaining audit trail.gg. Ability to apply separate rates for steam demand, steam usage and chiller

steam billinghh. Ability to apply separate rates for electric summer demand, winter demand,

stepped rates based on tiersii. Ability to apply separate rates for chilled water demandjj. Ability to apply separate rates for UT Austin overhead, water charge per

gallon for two time periods and sewage charge per gallon.kk. System utilizes an ADABAS, Oracle, SQL Sever or MySQL database.ll. Ability to accept meter readings, apply formulas and rates using current

methodology to calculate billing for electrical, steam, chilled water, water, sewage and natural gas services.

mm. Ability to enter one time transactions for billing (i.e. set up fees for independent contractors, etc.)

nn. Allow UT Austin to determine the start and end dates for billing periods, same for all customers.

oo. Ability to type transactions (i.e. metered transaction, estimated transaction, flat rate charge, finance fee, one time charge, disputed transaction, payment, adjustments, special sewer charges, etc.)

pp. Provide the information/reports to support accounts receivable reconciliationqq. Uses known third party report writer such as Cognos, Crystal Reports, Oracle

Report Writer.rr. System is a client server or web based application for Utilities clients (internal

admin staff).ss. Ability to put flags on a meter (i.e. billed/unbilled, construction, calibrated,

etc.)tt. Vendor provides a configuration process that is easy to use and preserves

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uu. Ability to accommodate an unlimited number of meter sizes and rates for each water, irrigation and sewer service provided.

vv. Ability to replace/change out a meter mid month and preserve history of old meter.

ww. Ability to extrapolate old meters consumption for period of month installed to use in billing.

xx. Ability to utilize old meter and new meter data in calculating consumption on bill.

yy. Ability to import meter readings from an operational databasezz. Ability to import meter readings from excel spreadsheet or similar file formats.aaa. Ability for staff to enter readings manually.bbb. Ability to import meter information for billing calculation from an

operational databaseccc. Ability to denote a meter as a demand meter or as not a demand meterddd. Ability to apply a constant or multiplier on a meter.

5.3 Additional Questions Specific to this RFP

Proposer must submit the following information as part of Proposer’s proposal:

5.3.1 In its proposal, Proposer must indicate whether it will consent to include in the Agreement the “Accessibility by Persons with Disabilities” provision that is set forth in APPENDIX FOUR. If Proposer objects to the inclusion of the “Accessibility by Persons with Disabilities” provision in the Agreement, Proposer must, as part of its proposal, specifically identify and describe in detail all of the reasons for Proposer’s objection. NOTE THAT A GENERAL OBJECTION IS NOT AN ACCEPTABLE RESPONSE TO THIS QUESTION.

5.4 Scope of Work

Contractor will provide the following services to University:

5.4.1 Implementation

The Proposer should provide an implementation plan detailing delivery, installation, training, data conversion, and performance assurance. Provide itemized details of each step, major milestones, time required and resource requirements from the Proposer and the University of Texas at Austin. The system should be deployed in phases. Please indicate the order in which the software modules should be deployed.

Provide a complete description of each position and the number of staff (in each position) that UT will require for delivery, installation and implementation. Please list these resources according to the implementation phase in which they are required.

The University expects an operational implementation to be completed by Tuesday, September 1, 2009. This will require significant resource commitment on the part of the selected Company to assure the system is functional by the specified date.

5.4.2 Training

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Provide on site training for the product for all staff that will be using the product. This service is to include “Train the Trainer” training to provide in house staff skills necessary to train new employees and provide refresher training to current staff.

5.4.3 Development

Indicate the approach to developing or assisting the University of Texas at Austin to develop the interfaces to the mainframe database. Include a structured training outline and pricing. Provide itemized details of each step, major milestones, time required and resource requirements from the Proposer and UT.

5.4.4 Maintenance and Support

Indicate in your Proposal the cost of annual software maintenance/support for the non-customized product for a period of five years after the lapse of the warranty term. Include any applicable agreement forms with your Proposal. Please describe all levels of support available and the respective costs.

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SECTION 6

PRICING AND DELIVERY SCHEDULE

Proposal of: ___________________________________ (Proposer Company Name)

To: The University of Texas at Austin

Ref.: Utilities Billing and Reporting System

RFP No.: 2009010RL

Ladies and Gentlemen:

Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish a Utilities Billing and Reporting System required pursuant to the above-referenced Request for Proposal upon the terms quoted below.

6.1 Pricing for Services Offered

Software

Documentation

Personnel Training

Implementation

Consulting

Maintenance

Telephone Support

On-Site Support

Software Upgrades

Total

6.2 Delivery Schedule of Events and Time Periods

The Proposer should provide an implementation plan detailing delivery, installation, training, data conversion, and performance assurance. Provide itemized details of each step, major milestones, time required and resource requirements from the vendor and the University of Texas at Austin

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6.3 University’s Payment Terms

University’s standard payment terms for services are “Net 30 days.” Proposer agrees that University will be entitled to withhold __________ percent (________ %) of the total payment due under the Agreement until after University’s acceptance of the final work product. Indicate below the prompt payment discount that Proposer will provide to University:

Prompt Payment Discount: _____%_____days/net 30 days

Respectfully submitted,

Proposer: ____________________________

By: ___________________________ (Authorized Signature for Proposer)

Name: _________________________ Title: __________________________

Date: _____________________

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APPENDIX ONE

PROPOSAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION28

SECTION 2: EXECUTION OF OFFER32

SECTION 3: PROPOSER'S GENERAL QUESTIONNAIRE35

SECTION 4: ADDENDA CHECKLIST37

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APPENDIX ONE

SECTION 1

GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Proposers having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by University.

By submitting a proposal, Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the services to be performed, the detailed requirements of the services to be provided, and the conditions under which such services are to be performed. Proposer also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of the Proposer.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by University as having received a copy of this RFP. Only University’s responses that are made by formal written Addenda will be binding on University. Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by University prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. Section 4 of APPENDIX ONE). The Addenda Checklist must be received by University prior to the Submittal Deadline and should accompany the Proposer’s proposal.

Any interested party that receives this RFP by means other than directly from University is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone number and FAX number to University, so that if University issues Addenda to this RFP or provides written answers to questions, that information can be provided to such party.

1.3 Public Information

University considers all information, documentation and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act (Government Code, Chapter 552.001, et seq.) after the award of an Agreement.

Proposer is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

1.4 Type of Agreement

The Contractor, if any, will be required to enter into a contract with University in the form of a purchase order.

1.5 Proposal Evaluation Process

University will select the Contractor by using the competitive sealed proposal process described in this Section. Proposals submitted by the Submittal Deadline will be opened publicly to identify the name of each Proposer submitting a proposal. After the opening of the proposals and upon completion of the initial review and evaluation of the proposals, University may invite one or more selected Proposers to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of the Contractor.

University may make the selection of the Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification. In the alternative, University may make the selection of the Contractor on the basis of negotiation with any of the Proposers. In conducting such negotiations, University will avoid disclosing the contents of competing proposals.

At University's sole option and discretion, University may discuss and negotiate all elements of the proposals submitted by selected Proposers within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, University will defer further action on proposals not included within the competitive range pending the selection of the Contractor; provided, however, University reserves the right to include additional proposals in the competitive range if deemed to be in the best interests of University.

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After submission of a proposal but before final selection of the Contractor is made, University may permit a Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. University will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal. University is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to University overall, as determined by University.

University reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Proposers, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently abandon this selection process, if deemed to be in the best interests of University. Proposer is hereby notified that University will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by University.

1.6 Proposer's Acceptance of Evaluation Methodology

By submitting a proposal, Proposer acknowledges (1) Proposer's acceptance of [a] the Proposal Evaluation Process (ref. Section 1.5 of APPENDIX ONE), [b] the Criteria for Selection (ref. 2.3 of this RFP), [c] the Specifications and Additional Questions (ref. Section 5 of this RFP), [d] the terms and conditions of RFP, and [e] all other requirements and specifications set forth in this RFP; and (2) Proposer's recognition that some subjective judgments must be made by University during this RFP process.

1.7 Solicitation for Proposal and Proposal Preparation Costs

Proposer understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation written or oral that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on University’s anticipated requirements for the Services, and University has made no representation, written or oral, that any particular scope of services will actually be required by University; and (3) Proposer will bear, as its sole risk and responsibility, any cost that arises from Proposer’s preparation of a proposal in response to this RFP.

1.8 Proposal Requirements and General Instructions

1.8.1 Proposer should carefully read the information contained herein and submit a complete proposal in response to all requirements and questions as directed.

1.8.2 Proposals and any other information submitted by Proposer in response to this RFP will become the property of University.

1.8.3 University will not provide compensation to Proposer for any expenses incurred by the Proposer for proposal preparation or for demonstrations or oral presentations that may be made by Proposer, unless otherwise expressly agreed in writing. Proposer submits its proposal at its own risk and expense.

1.8.4 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or (iii) contain irregularities of any kind, are subject to disqualification by University, at University’s sole discretion.

1.8.5 Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer's ability to meet the requirements and specifications of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications of this RFP.

1.8.6 University makes no warranty or guarantee that an award will be made as a result of this RFP. University reserves the right to accept or reject any or all proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Agreement when deemed to be in University's best interest. University reserves the right to seek clarification from any Proposer concerning any item contained in its proposal prior to final selection. Such clarification may be provided by telephone conference or personal meeting with or writing to University, at University’s sole discretion. Representations made by Proposer within its proposal will be binding on Proposer.

1.8.7 Any proposal that fails to comply with the requirements contained in this RFP may be rejected by University, in University’s sole discretion.

1.9 Preparation and Submittal Instructions

1.9.1 Specifications and Additional Questions

Proposals must include responses to the questions in Specifications and Additional Questions (ref. Section 5.3 of this RFP). Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

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1.9.2 Execution of Offer

Proposer must complete, sign and return the attached Execution of Offer (ref. Section 2 of APPENDIX ONE) as part of its proposal. The Execution of Offer must be signed by a representative of Proposer duly authorized to bind the Proposer to its proposal. Any proposal received without a completed and signed Execution of Offer may be rejected by University, in its sole discretion.

1.9.3 Pricing and Delivery Schedule

Proposer must complete and return the Pricing and Delivery Schedule (ref. Section 6 of this RFP), as part of its proposal. In the Pricing and Delivery Schedule, the Proposer should describe in detail (a) the total fees for the entire scope of the Services; and (b) the method by which the fees are calculated. The fees must inclusive of all associated costs for delivery, labor, insurance, taxes, overhead, and profit.

University will not recognize or accept any charges or fees to perform the Services that are not specifically stated in the Pricing and Delivery Schedule.

In the Pricing and Delivery Schedule, Proposer should describe each significant phase in the process of providing the Services to University, and the time period within which Proposer proposes to be able to complete each such phase.

1.9.4 Proposer’s General Questionnaire

Proposals must include responses to the questions in Proposer’s General Questionnaire (ref. Section 3 of APPENDIX ONE). Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

1.9.5 Addenda Checklist

Proposer should acknowledge all Addenda to this RFP (if any) by completing, signing and returning the Addenda Checklist (ref. Section 4 of APPENDIX ONE) as part of its proposal. Any proposal received without a completed and signed Addenda Checklist may be rejected by University, in its sole discretion.

1.9.6 Submission

Proposer should submit all proposal materials enclosed in a sealed envelope, box, or container. The RFP No. (ref. Section 1.3 of this RFP) and the Submittal Deadline (ref. Section 2.1 of this RFP) should be clearly shown in the lower left-hand corner on the top surface of the container. In addition, the name and the return address of the Proposer should be clearly visible.

Upon Proposer’s request and at Proposer’s expense, University will return to a Proposer its proposal received after the Submittal Deadline if the proposal is properly identified. University will not consider a proposal received after the Submittal Deadline under any circumstances.

University will not accept proposals submitted by telephone, proposals submitted by Facsimile (“FAX”) transmission, or proposals submitted by electronic transmission (i.e., e-mail) in response to this RFP.

Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted to University. However, a proposal may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which will be based on Proposer's submittal of a written explanation and documentation evidencing a reason acceptable to University, in University’s sole discretion.

By signing the Execution of Offer (ref. Section 2 of APPENDIX ONE) and submitting a proposal, Proposer certifies that any terms, conditions, or documents attached to or referenced in its proposal are applicable to this procurement only to the extent that they (a) do not conflict with the laws of the State of Texas or this RFP and (b) do not place any requirements on University that are not set forth in this RFP or in the Appendices to this RFP. Proposer further certifies that the submission of a proposal is Proposer's good faith intent to enter into the Agreement with University as specified herein and that such intent is not contingent upon University's acceptance or execution of any terms, conditions, or other documents attached to or referenced in Proposer’s proposal.

1.9.7 Page Size, Binders, and Dividers

Proposals must be typed on letter-size (8-1/2” x 11”) paper, and must be submitted in a binder. Preprinted material should be referenced in the proposal and included as labeled attachments. Sections within a proposal should be divided by tabs for ease of reference.

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1.9.8 Table of Contents

Proposals must include a Table of Contents with page number references. The Table of Contents must contain sufficient detail and be organized according to the same format as presented in this RFP, to allow easy reference to the sections of the proposal as well as to any separate attachments (which should be identified in the main Table of Contents). If a Proposer includes supplemental information or non-required attachments with its proposal, this material should be clearly identified in the Table of Contents and organized as a separate section of the proposal.

1.9.9 Pagination

All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments should be numbered or referenced separately.

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SECTION 2

EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED AND RETURNED WITH PROPOSER'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSER’S PROPOSAL MAY RESULT IN THE REJECTION OF THE PROPOSAL.

2.1 By signature hereon, Proposer represents and warrants the following:

2.1.1 Proposer acknowledges and agrees that (1) this RFP is a solicitation for a proposal and is not a contract or an offer to contract; (2) the submission of a proposal by Proposer in response to this RFP will not create a contract between University and Proposer; (3) University has made no representation or warranty, written or oral, that one or more contracts with University will be awarded under this RFP; and (4) Proposer will bear, as its sole risk and responsibility, any cost arising from Proposer’s preparation of a response to this RFP.

2.1.2 Proposer is a reputable company that is lawfully and regularly engaged in providing the Services.

2.1.3 Proposer has the necessary experience, knowledge, abilities, skills, and resources to perform the Services.

2.1.4 Proposer is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances.

2.1.5 Proposer understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Agreement under which Proposer will be required to operate.

2.1.6 If selected by University, Proposer will not delegate any of its duties or responsibilities under this RFP or the Agreement to any sub-contractor, except as expressly provided in the Agreement.

2.1.7 If selected by University, Proposer will maintain any insurance coverage as required by the Agreement during the term thereof.

2.1.8 All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Proposer acknowledges that University will rely on such statements, information and representations in selecting the Contractor. If selected by University, Proposer will notify University immediately of any material change in any matters with regard to which Proposer has made a statement or representation or provided information.

2.1.9 Proposer will defend, indemnify, and hold harmless University, The University of Texas System, the State of Texas, and all of their regents, officers, agents and employees, from and against all claims, actions, suits, demands, costs (including, but not limited to reasonable attorneys' fees), damages, and liabilities, arising out of, connected with, or resulting from any negligent acts or omissions or willful misconduct of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the execution or performance of any contract or agreement resulting from this RFP.

2.1.10 Pursuant to Sections 2107.008 and 2252.903, Government Code, any payments owing to Proposer under any contract or agreement resulting from this RFP may be applied directly to any debt or delinquency that Proposer owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

2.2 By signature hereon, Proposer offers and agrees to furnish the Services to University and comply with all terms, conditions, requirements and specifications set forth in this RFP.

2.3 By signature hereon, Proposer affirms that it has not given or offered to give, nor does Proposer intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with its submitted proposal. Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting contracts, and the Proposer may be removed from all proposal lists at University.

2.4 By signature hereon, a corporate Proposer certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Tax Code, or that the corporate Proposer is exempt from the payment of such taxes, or that the corporate Proposer is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable. A false certification will be deemed a material breach of contract and, at University's option, may result in termination of any resulting contract or agreement.

2.5 By signature hereon, Proposer hereby certifies that neither Proposer nor any firm, corporation, partnership or institution represented by Proposer, or anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in Section 15.01, et seq., Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

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2.6 By signature hereon, Proposer certifies that the individual signing this document and the documents made a part of this RFP, is authorized to sign such documents on behalf of Proposer and to bind Proposer under any agreements and other contractual arrangements that may result from the submission of Proposer’s proposal.

2.7 By signature hereon, Proposer certifies as follows:

"Under Section 231.006, Family Code, relating to child support, Proposer certifies that the individual or business entity named in the Proposer’s proposal is not ineligible to receive the specified contract award and acknowledges that any agreements or other contractual arrangements resulting from this RFP may be terminated if this certification is inaccurate."

2.8 By signature hereon, Proposer certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Proposer that is a sole proprietorship, the officers or directors of any Proposer that is a corporation, the partners of any Proposer that is a partnership, the joint venturers of any Proposer that is a joint venture or the members or managers of any Proposer that is a limited liability company, on one hand, and an employee of any component of The University of Texas System, on the other hand, other than the relationships which have been previously disclosed to University in writing and (ii) Proposer has not been an employee of any component institution of The University of Texas System within the immediate twelve (12) months prior to the Submittal Deadline. All disclosures by Proposer in connection with this certification will be subject to administrative review and approval before University enters into a contract or agreement with Proposer.

2.9 By signature hereon, Proposer affirms that no compensation has been received for its participation in the preparation of the requirements or specifications for this RFP, in accordance with Section 2155.004, Government Code.

2.10 By signature hereon, Proposer certifies its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

2.11 By signature hereon, Proposer represents and warrants that all products and services offered to University in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard Communication Act, Chapter 502, Health and Safety Code, and all related regulations in effect or proposed as of the date of this RFP.

2.12 Proposer will and has disclosed, as part of its proposal, any exceptions to the certifications stated in this Execution of Offer. All such disclosures will be subject to administrative review and approval prior to the time University makes an award or enters into any contract or agreement with Proposer.

2.13 Proposer should complete the following information:

If Proposer is a Corporation, then State of Incorporation:

If Proposer is a Corporation then Proposer’s Corporate Charter Number: ______

RFP No.: 2009010RL

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NOTICE : WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT.

Submitted and Certified By:

(Proposer Institution’s Name)

(Signature of Duly Authorized Representative)

(Printed Name/Title)

(Date Signed)

(Proposer’s Street Address)

(City, State, Zip Code)

(Telephone Number and FAX Number)

(EMAIL address)

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SECTION 3

PROPOSER’S GENERAL QUESTIONNAIRE

NOTICE : WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT.

Proposals must include responses to the questions contained in this Proposer’s General Questionnaire. Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer will explain the reason when responding N/A or N/R.

3.1 Proposer Profile

3.1.1 Legal name of Proposer company:

Address of principal place of business:

Address of office that would be providing service under the Agreement:

Number of years in Business:

State of incorporation:

Number of Employees:

Annual Revenues Volume:

Name of Parent Corporation, if any ______________________________ NOTE: If Proposer is a subsidiary, University prefers to enter into a contract or agreement with the Parent Corporation or to receive assurances of performance from the Parent Corporation.

3.1.2 State whether Proposer will provide a copy of its financial statements for the past two (2) years, if requested by University.

3.1.3 Proposer will provide a financial rating of the Proposer entity and any related documentation (such as a Dunn and Bradstreet analysis) that indicates the financial stability of Proposer.

3.1.4 Is Proposer currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, Proposer will explain the expected impact, both in organizational and directional terms.

3.1.5 Proposer will provide any details of all past or pending litigation or claims filed against Proposer that would affect its performance under an Agreement with University (if any).

3.1.6 Is Proposer currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, Proposer will specify the pertinent date(s), details, circumstances, and describe the current prospects for resolution.

3.1.7 Proposer will provide a customer reference list of no less than three (3) organizations with which Proposer currently has contracts and/or to which Proposer has previously provided services (within the past five (5) years) of a type and scope similar to those required by University’s RFP. Proposer will include in its customer

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reference list the customer’s company name, contact person, telephone number, project description, length of business relationship, and background of services provided by Proposer.

3.1.8 Does any relationship exist (whether by family kinship, business association, capital funding agreement, or any other such relationship) between Proposer and any employee of University? If yes, Proposer will explain.

3.1.9 Proposer will provide the name and Social Security Number for each person having at least 25% ownership interest in Proposer. This disclosure is mandatory pursuant to Section 231.005, Family Code, and will be used for the purpose of determining whether an owner of Proposer with an ownership interest of at least 25% is more than 30 days delinquent in paying child support. Further disclosure of this information is governed by the Texas Public Information Act, Chapter 552, Government Code, and other applicable law.

3.2 Approach to Project Services

3.2.1 Proposer will provide a statement of the Proposer’s service approach and will describe any unique benefits to University from doing business with Proposer. Proposer will briefly describe its approach for each of the required services identified in Section 5.4 Scope of Work of this RFP.

3.2.2 Proposer will provide an estimate of the earliest starting date for services following execution of an Agreement.

3.2.3 Proposer will submit a work plan with key dates and milestones. The work plan should include:

3.2.3.1 Identification of tasks to be performed;

3.2.3.2 Time frames to perform the identified tasks;

3.2.3.3 Project management methodology;

3.2.3.4 Implementation strategy; and

3.2.3.5 The expected time frame in which the services would be implemented.

3.2.4 Proposer will describe the types of reports or other written documents Proposer will provide (if any) and the frequency of reporting, if more frequent than required in the RFP. Proposer will include samples of reports and documents if appropriate.

3.3 General Requirements

3.3.1 Proposer will provide summary resumes for its proposed key personnel who will be providing services under the Agreement with University, including their specific experiences with similar service projects, and number of years of employment with Proposer.

3.3.2 Proposer will describe any difficulties it anticipates in performing its duties under the Agreement with University and how Proposer plans to manage these difficulties. Proposer will describe the assistance it will require from University.

3.4 Service Support

Proposer will describe its service support philosophy, how is it implemented, and how Proposer measures its success in maintaining this philosophy.

3.5 Quality Assurance

Proposer will describe its quality assurance program, its quality requirements, and how they are measured.

3.6 Miscellaneous

3.6.1 Proposer will provide a list of any additional services or benefits not otherwise identified in this RFP that Proposer would propose to provide to University. Additional services or benefits must be directly related to the goods and services solicited under this RFP.

3.6.2 Proposer will provide details describing any unique or special services or benefits offered or advantages to be gained by University from doing business with Proposer. Additional services or benefits must be directly related to the goods and services solicited under this RFP.

3.6.3 Does Proposer have a contingency plan or disaster recovery plan in the event of a disaster? If so, then Proposer will provide a copy of the plan.

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SECTION 4

ADDENDA CHECKLIST

Proposal of: ___________________________________ (Proposer Company Name)

To: The University of Texas Austin

Ref.: Utilities Billing and Reporting System

RFP No.: 2009010RL

Ladies and Gentlemen:

The undersigned Proposer hereby acknowledges receipt of the following Addenda to the captioned RFP (initial if applicable).

No. 1 _____ No. 2 _____ No. 3 _____ No. 4 _____ No. 5 _____

Respectfully submitted,

Proposer: ________________________

By: ___________________________ (Authorized Signature for Proposer) Name: _________________________ Title: __________________________

Date: _____________________

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APPENDIX TWO

HUB SUBCONTRACTING PLAN (HSP)

In accordance with Government Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit a State of Texas HUB Subcontracting Plan (HSP) with their solicitation response.

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Government Code §2161.252(b).The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study. The HUB goals defined in 1 TAC §111.13 are: 11.9 percent for heavy construction other than building contracts, 26.1 percent for all building construction, including general contractors and operative builders contracts, 57.2 percent for all special trade construction contracts, 20 percent for professional services contracts, 33 percent for all other services contracts, and 12.6 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

SECTION 1 - RESPONDENT AND SOLICITATION INFORMATION

a. Respondent (Company) Name: State of Texas VID #:

Point of Contact: Phone #:

b. Is your company a State of Texas certified HUB? - Yes - No

c. Solicitation #:

SECTION 2 - SUBCONTRACTING INTENTIONSAfter having divided the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, the respondent must determine what portion(s) of work, including goods or services, will be subcontracted. Note: In accordance with 1 TAC §111.12., a “Subcontractor” means a person who contracts with a vendor to work, to supply commodities, or contribute toward completing work for a governmental entity. Check the appropriate box that identifies your subcontracting intentions:

- Yes, I will be subcontracting portion(s) of the contract.(If Yes, in the spaces provided below, list the portions of work you will be subcontracting, and go to page 2.)

- No, I will not be subcontracting any portion of the contract, and will be fulfilling the entire contract with my own resources.(If No, complete SECTION 9 and 10.)

Line Item # - Subcontracting Opportunity Description Line Item # - Subcontracting Opportunity Description

( #1) - (#11) -

( #2) - (#12) -

( #3) - (#13) -

( #4) - (#14) -

( #5) - (#15) -

( #6) - (#16) -

( #7) - (#17) -

( #8) - (#18) -

( #9) - (#19) -

(#10) - (#20) - *If you have more than twenty subcontracting opportunities, a continuation page is available at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

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Enter your company’s name here: Solicitation #: IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed in SECTION 2. You may photocopy this page or download copies at http:www.tbpc.state.tx.us.hubforms/index.html.

SECTION 3 - SUBCONTRACTING OPPORTUNITYEnter the line item number and description of the subcontracting opportunity you listed in SECTION 2.

Line Item # Description:

SECTION 4 - MENTOR-PROTÉGÉ PROGRAMIf respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting their Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the portion of work (subcontracting opportunity) listed in SECTION 3, constitutes a good faith effort towards that specific portion of work. Will you be subcontracting the portion of work listed in SECTION 3 to your Protégé?

- Yes (If Yes, complete SECTION 8 and 10.) - No / Not Applicable (If No or Not Applicable, go to SECTION 5.)

SECTION 5 - PROFESSIONAL SERVICES CONTRACTS ONLYThis section applies to Professional Services Contracts only. All other contracts go to SECTION 6.

Does your HSP contain subcontracting of 20% or more with HUB(s)? - Yes (If Yes, complete SECTION 8 and 10.) - No / Not Applicable (If No or Not Applicable, go to SECTION 6.)

In accordance with Government Code §2254.004, “Professional Services" means services: (A) within the scope of the practice, as defined by state law of accounting; architecture; landscape architecture; land surveying; medicine; optometry; professional engineering; real estate appraising; or professional nursing; or (B) provided in connection with the professional employment or practice of a person who is licensed or registered as a certified public accountant; an architect; a landscape architect; a land surveyor; a physician, including a surgeon; an optometrist; a professional engineer; a state certified or state licensed real estate appraiser; or a registered nurse.

SECTION 6 - NOTIFICATION OF SUBCONTRACTING OPPORTUNITYComplying with a, b and c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 3. After performing the requirements of this section, complete SECTION 7, 8 and 10.

a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more HUBs. Use the State of Texas’ Centralized Master Bidders List (CMBL), found at http://www.tbpc.state.tx.us/cmbl/cmblhub.htm, and its HUB Directory, found at http://www.tbpc.state.tx.us/cmbl/hubonly.html, to identify available HUBs. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed.

b. Provide written notification of the subcontracting opportunity listed in SECTION 3 to a minority or women trade organization or development center to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. A list of trade organizations and development centers may be accessed at http://www.tbpc.state.tx.us/hub/minoritywomenbuslinks.htm. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed.

c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. Unless the contracting agency has specified a different time period, you must allow the HUBs no less than five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or development center no less than five (5) working days prior to the submission of your response to the contracting agency.

SECTION 7 - HUB FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITYList three (3) State of Texas certified HUBs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number, date you provided notice, and if you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed.

Company Name VID # Notice Date(MM/DD/YYYY)

Was Response Received?

/ / - Yes - No

/ / - Yes - No

/ / - Yes - No

SECTION 8 - SUBCONTRACTOR SELECTIONList the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work to be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a Texas certified HUB.

Company Name VID #Expected %of Contract

ApproximateDollar Amount

TexasCertified HUB?

% $ - Yes - No*

% $ - Yes - No*

*If the subcontractor(s) you selected is not a Texas certified HUB, provide written justification of your selection process below:

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APPENDIX TWO

Enter your company’s name here: Solicitation #:

SECTION 9 - SELF PERFORMANCE JUSTIFICATION(If you responded “No” to SECTION 2, you must complete SECTION 9 and 10.)

Does your response/proposal contain an explanation demonstrating how your company will fulfill the entire contract with its own resources?

- Yes If Yes, in the space provided below, list the specific page/section of your proposal which identifies how your company will perform the entire contractwith its own equipment, supplies, materials and/or employees.

- No If No, in the space provided below, explain how your company will perform the entire contract with its own equipment, supplies, materials, and/or employees.

SECTION 10 - AFFIRMATIONAs evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP are true and correct. Respondent understands and agrees that, if awarded any portion of the solicitation:

The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying their compliance with the HSP, including the use/expenditures they have made to subcontractors. (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/).

The respondent must seek approval from the contracting agency prior to making any modifications to their HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to debarment pursuant to Government Code §2161.253(d).

The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are to be performed and must provide documents regarding staff and other resources.

____________________________________ _________________________________ ____________________________ ____________Signature Printed Name Title Date

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APPENDIX TWO

Selected List of HUB Resources on WebAgency/Organization Resource Web SiteTexas Association of African American Chambers of Commerce:

Listing of African American chambers in Texas

http://www.taaacc.org

Texas Association of Mexican American Chambers of Commerce:

Listing of Hispanic Chambers in Texas

http://www.tamacc.org/chambers/index.html

Texas Women’s Chamber of Commerce:

Database of selected women owned businesses

www. women schamber texas .com

Texas Asian Chamber of Commerce:

Database of selected Asian owned businesses

www.tx asian chamber.org

Greater Dallas Asian American Chamber of Commerce:

Database of selected Asian owned businesses

www.gdaacc.com

Austin Asian-American Chamber of Commerce

Database of selected Asian owned businesses

www.austinaacc.org

Tarrant County Asian American Chamber of Commerce:

Database of selected Asian owned businesses

www.tcaacc.org

Houston Asian Chamber of Commerce:

Database of selected Asian owned businesses

www.asianchamber-hou.org

U. S. Department of Commerce Minority Business Development Agency

Listing of minority business development centers

http://www.mbda.gov/?section_id=1&parent_bucket_id=151&content_id=2267

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APPENDIX TWO

HUB RESOURCE LIST FOR AUSTIN

*SELECTED MINORITY/WOMEN CHAMBERS OF COMMERCE – AUSTIN

Austin Asian American Chamber of CommerceChairman: Niyanta Spelman8711 Burnett Rd., Suite A-15Austin, Texas 78757512-407-8240, 512-407-8233 fax

Capital City African American Chamber of CommerceInterim Executive Director: Sarah Reams5407 North IH 35, Suite 304Austin, Texas 78723512-459-1181x204, 512-459-1183 fax

Greater Austin Hispanic Chamber of CommercePresident: Eliza May3000 South IH 35, Suite 305Austin, Texas 78704512-476-7502, 512-476-6417 fax

The Women’s Chamber of Commerce of Texas President: Rose BatsonPost Office Box 26051Austin, Texas 78755-0051512-338-0839, 512-338-1614 fax

*Most of the chambers have newsletters in which you can advertise for HUB firms. Also there may be other minority or women chambers in the Austin area not listed here that you may use.

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APPENDIX TWO

MINORITY/WOMEN CONTRACTORS ASSOCIATIONS - AUSTIN

Asian Construction Trades AssociationChairman: Thang Bu4100 Ed Bluestein Blvd.Austin, TX 78721512-926-5400, 512-926-5410 fax

Austin Black Contractors AssociationPresident: James HarperContact: Carol Hadnot4100 Ed Bluestein Blvd. Austin, TX 78721512-927-8290, 512-927-8290 fax (call before faxing)

Hispanic Contractors Association of AustinChairperson: Dawn Crane4100 Ed Bluestein Blvd.Austin, TX 78721512-929-3363, 512-929-3368 fax

National Association of Women in Construction, Austin ChapterPresident: Bridget Ross14101 W. Highway 290Austin, Texas [email protected]

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APPENDIX TWO

HUB RESOURCE LIST FOR SAN ANTONIO

MINORITY CONTRACTORS ASSOCIATIONS – SAN ANTONIO

Hispanic Contractors Association de San AntonioChairman: Jerry Cavazos4047 Naco Perrin, Suite 201-BSan Antonio, Texas 78217210-444-1100, 210-444-1101 faxHUB solicitations contact: [email protected]

*SELECTED MINORITY/WOMEN CHAMBERS OF COMMERCE – SAN ANTONIO

Alamo Asian American Chamber of CommercePresident: Elisa Chan (Unitech Consulting)12758 Cimarron Path, Suite 118San Antonio, Texas 78249210-641-6003, 210-641-8279 faxHUB solicitation contact: Elisa Chan - [email protected]

Alamo City Chamber of CommercePresident: Llew Fambles600 Hemisfair Plaza WayBuilding 406-10San Antonio, Texas 78205210-226-9055, 210-226-0524 faxHUB solicitations contact: Llew Fambles - [email protected]

The San Antonio Hispanic Chamber of CommercePresident: Rita ElizondoCasa De Mexico International Building318 West Houston St., Suite 300210-225-0462, 210-225-2485 faxHUB solicitations contact: Barbara Ankamah - [email protected]

*Most of the chambers have newsletters in which you can advertise for HUB firms. Also there may be other minority or women chambers in the San Antonio area not listed here that you may use.

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APPENDIX THREE

ACCESS BY INDIVIDUALS WITH DISABILITIES

Access by Individuals with Disabilities. Contractor represents and warrants (“EIR Accessibility Warranty”) that the electronic and information resources and all associated information, documentation, and support that it provides to the University under this Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor is unable to do so, then the University may terminate this Agreement and Contractor will refund to the University all amounts the University has paid under this Agreement within thirty (30) days after the termination date.

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APPENDIX FOUR

FULL SYSTEM REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: VENDOR AND PRODUCT RELATED47

SECTION 2: SYSTEM SUPPORT RELATED48

SECTION 3: INFRASTRUCTURE RELATED49

SECTION 4: BILLING RELATED52

SECTION 5: RATE MODEL RELATED54

SECTION 6: REPORTING RELATED55

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Section 1ID Description Yes No

Vendor and Product RelatedSUP001 Vendor has been in business for at least five years.    SUP002 Vendor has provided history of product line being considered by UT Austin.    SUP003 Vendor has provided at least three references, including a university if available, that utilizes the same product(s) proposed.    SUP004 Vendor is willing to sell UT Austin with the source code for customization purposes.    SUP005 If not willing to sell the source code, vendor is willing to place source code in an escrow account.    SUP006 Vendor is willing to provide demo for presentation at UT Austin in support of their objectives/requirements.    SUP007 Vendor has provided description of commonly used implementation methodology (rate tables and applications) and options.    SUP008 Vendor has provided description of hardware, network servers, web requirements, etc. needed to support the product.    SUP010 Vendor supplies implementation services and conversion assistance.    SUP011 Product is compliant with American Disabilities Act.    SUP014 Vendor has provided annual maintenance contract and cost.    SUP015 All product upgrades are included in annual maintenance cost.    SUP016 Customer has the option to implement intermediate upgrades or a comprehensive annual upgrade.    SUP017 Vendor has active user group and meets annually to provide input into product upgrades.    SUP018 Vendor provides Help Desk Support via web as well as by telephone.    SUP019 Vendor's product includes online help for all user levels.    SUP020 Vendor provides various training options prior to or after implementation for all user levels.    SUP021 Vendor provides on site training as part of implementation services.    SUP023 If selected for further evaluation, vendor is willing to provide an onsite hands-on trial for staff review.    SUP024 Vendor will cap annual maintenance increase at no more than 5%.    SUP025 Vendor has system for users to make enhancement requests.    

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APPENDIX FOUR

Section 2ID Description Base Add-

on Custom

System Support RelatedSYS001 Support Windows Server 2003 or higher, or RHEL.      SYS002 Be hardware independent.      

SYS003

Support an operating environment with a minimum of 10 concurrent users. Operate in an environment in which there is simultaneous use of the network hardware and software for both the product and other network based computing resources.      

SYS004 Perform edit checks on fields and utilize pick lists and drag and drop functions.      SYS005 Allow a test system.      SYS006 Provide data model to document database design.      

SYS007Provide security features that include: multiple password levels; data security at the field level; allow read only access to authorized customers.      

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APPENDIX FOUR

Section 3ID Description Base Add-

on Custom

Infrastructure RelatedINF001 Ability to customize to interact with mainframe accounting system.      INF002 Provide comments area for each adjustment entry.      INF003 Ability to accept an alphanumeric field for billing account number.      INF004 Ability to group customers by class for reporting and analysis purposes.      INF005 Ability to accept an alphanumeric field for account number.      INF006 Ability to accept an alphanumeric field for budget code.      INF007 Ability to accept an alphanumeric field for object code.      INF008 Ability to accept an alphanumeric field for University Department Number.      INF009 Allow multiple account#/budget code by % or $ allocation for a customer.      INF010 Ability to record general comments regarding a customer.      INF011 Ability to set up, maintain and terminate customer and meter information in one screen.      INF012 Ability to identify the default billing account # and meter ID for all meters including submeters.      INF013 Ability to update hand held units of meters to read in the sequence route.      

INF014

Ability to provide the following data on the invoice: service provided, meter number, number of billing days, from/to dates, beginning and ending readings, measurement unit, note if estimation, usage, usage %, units charged, rate, multiplier, cost, service fees, one time charges, adjustments, reasons for adjustments.      

INF015Ability to duplicate the invoice for website application along with details of billing calculation for customer "drill down" ability.      

INF016 Ability to not produce a paper invoice at the customer's request.      INF017 Ability to email results of contested review to appropriate department for resolution.      

INF018Allow for pre-approval/correction process of readings (i.e. import process --> pending status --> generate alerts --> approve data --> updates system).      

INF019 Ability to transfer a previous customer to a new location with or without a balance due.      INF020 Allow an alphanumeric field for meter number.      INF021 Ability to identify an unlimited number of meter types.      INF022 Ability to classify meter by billable service (i.e. electric, gas, etc.).      INF023 Ability to identify meter status (i.e. active or inactive).      

ID Description Base Add-on Custom

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APPENDIX FOUR

Section 3

INF024Allow for the maximum number of reading digits available on existing as well as new meters installation (i.e. to handle meter rollovers).      

INF025 Ability to set hi/low parameters of a meter to troubleshoot accuracy of readings prior to billing.      INF026 Ability to identify a Split, Sub or Reference Meter.      INF027 Ability to record meter size for water and sewer charges.      INF028 Ability to record general comments regarding meter and read sequence routing.      INF029 Allow comments for events (i.e. renovations, etc.) which are affecting usage to become a part of billing data history.      INF030 Ability to track exchanges, transfers and effective dates for all meters.      INF031 Ability to transfer an old meter's set demand to a new meter for meter exchanges.      INF032 Maintain history of consumption usage and $ for all customers.      INF033 Ability to store all data used in billing for specific time periods for eight years.      INF034 Ability to extract raw data.      INF035 Provide security for both read and write ability which can be tied to groups and/or roles.      INF036 Ability to download reports to Excel and Word.      INF037 Provide a table to capture each utility and rate; historical storage.      INF038 Ability to output a file in the needed format that can be used in mainframe accounting process.      INF039 Allow staff to update applicable rates maintaining audit trail.      INF040 Ability to apply separate rates for steam demand, steam usage and chiller steam billing.      INF041 Ability to apply separate rates for electric summer demand, winter demand, stepped rates based on tiers.      INF042 Ability to apply separate rates for chilled water demand.      

INF043Ability to apply separate rates for UT Austin overhead, water charge per gallon for two time periods and sewage charge per gallon.      

INF044 Ability to change rate during billing period.      INF045 System utilizes an ADABAS, Oracle, SQL Sever or MySQL database.      

INF046Ability to accept meter readings, apply formulas and rates using current methodology to calculate billing for electrical, steam, chilled water, water, sewage and natural gas services.      

INF047User interface for Service Recipients (customers) as a web based application that meets UT Austin's supported systems requirements. Details at http://www.utexas.edu/web/guidelines/browsers.html      

INF048 Ability to enter one time transactions for billing (i.e. set up fees for independent contractors, etc.).      

ID Description Base Add-on Custom

INF049 Ability to charge for other services (i.e. elevators, installations, material delivery, etc).      

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APPENDIX FOUR

Section 3INF050 Allow UT Austin to determine the start and end dates for billing periods, same for all customers.      

INF051Ability to type transactions (i.e. metered transaction, estimated transaction, flat rate charge, finance fee, one time charge, disputed transaction, payment, adjustments, special sewer charges, etc.).      

INF052 Provide the information/reports to support accounts receivable reconciliation.      

INF053Ability to integrate with a mainframe accounting system, summarizing financial transactions for month end or ad hoc processing.      

INF054 Uses known third party report writer such as Cognos, Crystal Reports, Oracle Report Writer.      INF055 Product can interface with Kofax imaging software to scan in external bills.      INF056 System is a client server or web based application for Utilities clients (internal admin staff).      INF057 Ability to put flags on a meter (i.e. billed/unbilled, construction, calibrated, etc.).      INF058 Vendor provides a configuration process that is easy to use and preserves configurations with new releases.      

INF059Ability to accommodate an unlimited number of meter sizes and rates for each water, irrigation and sewer service provided.      

INF060 Ability to replace/change out a meter mid month and preserve history of old meter.      INF061 Ability to extrapolate old meters consumption for period of month installed to use in billing.      INF062 Ability to utilize old meter and new meter data in calculating consumption on bill.      INF063 Ability to log interactions with customers.      INF064 System set up parameters for validation.      INF065 Ability to interact with Proficy iHistorian database to pull out monthly consumption data for each meter.      INF066 Ability to link old and new meters IDs after a replacement to preserve history chain.      INF067 Ability to import steam and electric meter readings from hand held devices.      INF068 Ability to import meter readings from excel spreadsheet or similar file formats.      INF069 Ability for staff to enter readings manually.      INF070 Ability to import meter information for billing calculation from an operational database.      INF071 Ability to denote a meter as a demand meter or as not a demand meter.      INF072 Ability to apply a constant or multiplier on a meter.      INF073 Ability to import meter readings in intervals less than a month (i.e. 15 minutes, hourly, daily, etc.).      INF074 Ability to indicate a split or submeter relationship (i.e. additive, subtractive).      

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APPENDIX FOUR

Section 4ID Description Base Add-

on Custom

Billing Related

BC001Ability to flag a transaction disputed by the customer with reason/reason code stated until resolved. Intended for use after billing.      

BC002 Ability to bill fees to specific customer accounts and have reason field available to do so.      BC003 Ability to make adjustment for consumption, accounting %, or amount for primary or sub-meters.      

BC005Ability to enter an adjustment date to indicate the billing period affected for historical reporting as well as a transaction date to reflect when the adjustment was made for current month billing purposes.      

BC006Ability to make an adjustment for several months and have that data reflected in the respective month (retroactively), especially in the first billing month for a new account.      

BC007Fields to support informational needs for each customer. Name, address, contact, phone, bill to name, bill to address, bill to contact, bill to phone, begin/end dates, status, if P&I customer, etc.      

BC008 Ability to type customers as research, auxiliary or education & general.      

BC010Ability to identify customers that are to be billed electronically via transfer voucher and those that are to be billed by paper invoice.      

BC012Ability for staff to mark as paid when not really paid; use accounting transactions to correct - we are giving up on collecting.      

BC013Ability to link customer information to meter information; including multiple customers to a meter, multiple meters to a customer and multiple meters to multiple customers.      

BC015 Ability to access demand charge billing for all utilities (i.e. steam, chilled water, electricity).      BC016 Ability to prorate or estimate a reading for billing.      

BC017Ability to generate a consolidated invoice for electric, steam, chilled water, water, sewer and natural gas consumption and associated charges.      

BC018 Provide graphical display of invoice data.      BC020 Ability to add message to invoices of specific customers.      BC021 Ability to add message to invoices by billable service (i.e. electric, steam, etc.).      BC022 Ability to apply a markup.      BC023 Ability to bill customers at a fixed $ amount for a meter.      BC024 Ability to bill customers at a fixed rate for a meter.      BC025 Ability to bill customers at a fixed consumption for a meter.      BC026 Ability to bill customers for actual/estimated consumption for a meter.      

ID Description Base Add- Custom

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Section 4on

BC027 Ability for a meter to have more than one active customer for a period of time.      BC028 Ability to bill from the old and new meter during exchange month providing respective detail.      BC029 Ability to display general tips to save energy.      BC030 Ability to apply full or partial payment to specific invoices.      BC031 Ability to post an "unapplied payment" until reconciled.      

BC032Ability to designate the object codes by billable service and dept for proper recognition of revenue and expense as well as posting to designated A/R account(s).      

BC034 Ability to apply business rules to customers (i.e. voucher, P& I account, etc.).      BC035 Ability to apply multiple rate schedules for the same commodity.      

BC036Ability to consolidate billable services and associated fees retaining required detail per service into one invoice per customer.      

BC037Ability to allocate consumption based on assigned or net square footage and common area among several customers with one meter ("Split Meters").      

BC038Ability to allocate consumption from a meter that is connected to the same line as another meter. The main meter will include consumption reading of the submeter as well as its own consumption ("Sub Meters").      

BC039Ability to allocate total consumption/demand for splits by assigned or net square footage formula for non-metered customers. Ability to easily add meters to the loop, adjusting budget code and meter # as well as % of each.      

BC040 Ability to apply factor if one functional type is more energy intensive that other(s) for billing purposes.      BC041 Ability to charge a customer a fixed amount for all utilities.      

BC042Ability to estimate one meter's consumption based on another although demand may be different ("Reference Meters").      

BC043 Ability to charge different rates for all utility types.      BC044 Ability to calculate adjustments at the appropriate rate for respective month.      

BC045Ability, upon confirmation by staff, to automatically estimate consumption and demand if data is not received by external sources. Note on invoice when estimate is used.      

BC047 Ability for a customer to request a meter reread via the web.      

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APPENDIX FOUR

Section 5ID Description Base Add-on Custom

Rate Model RelatedRAT001 Ability to access the BTU/Therm rate calculation used for a defined billing period.      RAT002 Provide tools for rate testing (i.e. ability to perform rate test models using historical rate data).      RAT003 Ability to enter and apply a gas BTU rate conversion to therms for the current billing period.      

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APPENDIX FOUR

Section 6ID Description Base Add-

on Custom

Reporting RelatedRPT001 Ability to view a detailed customer billing history including payments and adjustments.      RPT002 Ability to view a customer history summary/snapshot.      

RPT003Ability to provide the following historical usage comparison: current month to previous month and Y-T-D consumption units, change, % of change and difference in billing days.      

RPT004 Ability to reconcile import data to actual bill received from external provider.      RPT005 Ability to access monthly consumption usage and $ history and generate comparative analysis by account #.      

RPT006Ability to access monthly consumption usage and $ history and generate comparative analysis by account # by billable service.      

RPT007Ability to access monthly consumption usage and $ history and generate comparative analysis by meter by billable service.      

RPT008 Ability to access monthly consumption usage and $ history and generate comparative analysis by meter.      RPT009 Ability to access monthly consumption usage and $ history and generate comparative analysis by budget code.      RPT011 Ability to access monthly consumption usage and $ history and generate comparative analysis by department.      

RPT012Ability to view or print an invoice for a specific billing period and "drill down" to the details of the billing calculation in an electronic form.      

RPT013 Ability to monitor meters that are intentionally not to be billed for a specific time period (i.e. construction meters).      

RPT014Ability to recreate reports with actual consumption or billing consumption (i.e. actual period affected vs. billing period of adjustments). Show adjustments as separate line within the month.      

RPT016 Ability to access location detail of meters and description of service area.      RPT017 Ability to access historical monthly consumption by specified date or range of dates.      

RPT018Ability to compare one building's monthly consumption to that of similar building type to identify reduction opportunities.      

RPT019 Provide a forecasting tool to assist customers in preparing their long range plans.      RPT021 Ability to access meter's functional type sq ft for reporting and analysis of consumption data.      

RPT022Ability to access historical monthly consumption data by 'campus category' and user defined consolidation of categories.      

RPT023 Ability to access monthly consumption data by 'customer type'.      RPT024 Ability to track energy usage as Total utilities cost per sq ft.      RPT025 Ability to track energy usage as Electric KWH use per sq ft.      

ID Description Base Add- Custom

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Section 6on

RPT026 Ability to track energy usage as Steam MLbs per sq ft.      RPT027 Ability to track energy usage as Chilled Water ton-hrs per sq ft.      RPT028 Ability to track energy usage as Total gallons water per sq ft.      RPT029 Ability to detect/report changes in monthly consumption patterns.      

RPT030Ability to provide data to support load management. Ability to access consumption graphically in 1-15 minute intervals to identify peak demand periods and opportunities to shave peaks.      

RPT032Ability to identify meters added during a fiscal year in order to bill the current month's consumption as demand until reaching a peak consumption.      

RPT033 Ability to identify the peak month of consumption for existing meters.      

RPT034Ability to identify customers/accounts/meters added or deleted for a user defined date range to help understand changes in usage.      

RPT035Ability to select those customers/accounts/meters which have the largest changes in usage or billed $ amount between user defined date ranges.      

RPT037 Ability to track user Audit Trails.      RPT039 Ability to report errors during pre-billing process.      RPT040 Ability to report on accounting splits with customer information.      RPT041 A/R aging based on Invoice or due date for a period ending defined by staff. Detail and summary by customer.      RPT042 Delinquent accounts detail with recommended cut-offs.      RPT043 Delinquent Notice to customer.      

RPT045Comparison of current month to previous year month's consumption and demand with % of increase and other related data. Comparison of hi/low parameters set for meter type (i.e. integrity checks).      

RPT046 All meters, submeters and reference meters numbers with customer/meter information.      RPT047 System generated estimations for review and adjustment prior to posting.      RPT051 Disputed transactions and reasons to alert plant operations and Utilities Management of potential problems.      RPT052 Adjustment report by type for a specific time period by customer.      RPT053 Adjustment report by type for accounts for validation and preparation of AJ's or electronic transmittal.      RPT054 Ability for staff to review all imported meter readings, noting skipped readings and rereads required.      

RPT055Ability to access actual consumption by specified date or range of dates to enable consistent month to month comparisons.      

ID Description Base Add-on Custom

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Section 6RPT056 Provide a reconciliation feature (similar to bank account reconciliation).      

RPT059Ability to view/print reports that compare rate testing results with previous fiscal year or previous 12 month data that is available by customer, by customer class and suitable for customer distribution.      

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