1. Introduction

1.1 The University of Tennessee

1.3 Implementation Partner

1.4 Qualification of Vendors

1.5 Additional Information

2. Project Scope

2.1 Information and Assumptions for Proposal

2.1.1 Project Objectives

2.1.4 SAP R/3 Modules Purchased

2.1.5 System Sizing Attributes

2.1.6 Technical Architecture

2.1.7    The University’s Commitment

2.1.7.1 Project Team Organization and Staffing

2.1.7.3 Infrastructure/Technical Support

2.1.7.4 Staff Training

All University project team staff – both functional and technical – will receive adequate and appropriate training to support this project.

The vendor is expected to mentor University staff throughout the duration of this project.

The vendor is expected to advise and consult with the University’s project director on needed staff training.

The completion criteria for the project are as follows:

	functional, integration, and stress acceptance testing satisfactorily completed for all functionality,
	documentation of business processes, end-user procedures and an end-user training plan,
	production computer environment established and documented,
	system interfaces completed and tested (campus, bank, governmental, etc.),
	legacy data conversion process completed, tested, auditable and reconcilable,
	technical system management procedures documented and in place,
	documentation of the system roll-out/go-live plan completed,
	system go-live achieved and the system in production for a designated pilot organizational unit, and
	adequate transfer of knowledge to allow the University to independently manage, upgrade and enhance the SAP R/3 system.

	The University requires a prime contractor who will become an implementation partner with The University of Tennessee in a full suite implementation of the SAP R/3 system.
	The prime contractor must meet the Minimum Acceptable Prime Contractor Qualifications specified in Appendix A.
	The prime contractor must propose and provide adequate, certified and experienced consulting resources to the University necessary to successfully complete its project objectives within the agreed timeframe.

The prime contractor may elect to sub-contract with other consulting vendors or individuals to provide the resources required above, but will remain solely responsible for both the financial obligations to the subcontractor and the successful completion of the project.

The prime contractor must provide at least one experienced SAP employee on-site to ensure a continued SAP presence and involvement with the project.

The prime contractor must recognize that the University is relying on the contractor’s expertise to assist in the completion of the project objectives and, therefore, must certify that each consultant provided by the contractor is an expert in the tasks and functions to be performed.

The prime contractor must ensure that knowledge transfer occurs sufficient for the University to independently manage, upgrade and enhance the SAP R/3 system.

The vendor shall provide a full-time, on-site project manager for the duration of the project. The role of the vendor project manager will be to assist the University project director and to acquire and schedule the vendor’s consulting resources. The vendor project manager will consult with and advise the University project director on project planning, implementation methodology, scope definition, SAP R/3 functionality, best practices, training and on all other matters needed to ensure the University is successful in the completion of the project. Additionally, the vendor project manager will immediately alert the University project director to any observed perils to the successful, on-schedule, within budget completion of the project.

	The vendor project manager must work at the direction of the University project director. The University "owns the project", and the University project director will direct -- with the assistance of the vendor project manager -- all project activities.
	As project management continuity is important, the vendor must agree that, unless directed by the University, a specific vendor project manager will remain with the University project for the duration of the project, subject to his or her continued employment with the vendor.
	The vendor project manager must be experienced in managing projects of comparable size and complexity to that being proposed. The vendor project manager must be expert in the implementation of SAP R/3 public sector systems, preferably in higher education.

The vendor’s proposal must identify the specific individual(s) proposed as project manager, and provide his or her résumé, qualifications, background and references. The University reserves the right to accept or reject any proposed or assigned project manager, without cause, without regard to assignment and at any time during the duration of the project.

Functional consultants must be represented by the vendor as expert in the tasks and functions to be performed. They will work with the project teams in specifying the University’s business process requirements, configuring SAP R/3 modules to meet those requirements, testing those modules and mentoring University staff in the configuration of SAP R/3 modules. They will consult with and advise team members on module functionality and configuration, best practices, testing procedures, and on all aspects of SAP R/3 system implementation, including specifications for data conversion and mapping, needed system extensions and reports.

Functional consultants must be certified by SAP in the functional areas in which they will consult and experienced in the configuration and implementation of the related modules. The vendor must provide the University with the résumé of each individual, including his/her certifications and experience, prior to his/her assignment to the project. The University reserves the right to accept or reject any proposed or assigned consultant, without cause, at any time during the duration of the project.

The vendor proposal must include a functional staffing plan, indicating the number, characteristics and schedule for the consultants proposed to support the project.

2.2.4 Specific Functional Consultant Responsibilities

Functional consultants will work at the direction of the University project director and collaboratively with the project team to:

	consult and participate in planning and managing the project;
	consult and participate in blueprinting and specifying all system functionality, business processes, policies, and procedures;
	consult and participate in specifying all system requirements including those for legacy data conversion and required system extensions;
	participate in configuring the SAP R/3 software to meet University’s needs and mentor the University staff in this process;
	consult on unit, integrated, and acceptance testing;
	support the development of end-user documentation, training materials, plans and programs; and
	ensure knowledge transfer from the vendor to the project team.

2.2.5    Basis/ABAP Consultants

	Basis/ABAP consultants must be represented by the vendor as expert in the tasks and functions to be performed. They will work with the project teams in specifying the University’s technical requirements, and support all aspects of the project’s technical infrastructure.
	Basis/ABAP consultants will consult with, advise and mentor University staff.
	Basis/ABAP consultants will provide system support and performance optimization.
	Basis/ABAP consultants must be certified by SAP and experienced in the specific areas in which they will consult.

Prior to their assignment to the project, the vendor must provide the University the résumé of each individual including his/her certifications and experience. The University reserves the right to accept or reject any proposed or assigned consultant, without cause, at any time during the duration of the project.

The vendor proposal must include a Basis/ABAP staffing plan, indicating the number, characteristics, and schedule for the consultants proposed to support the University project.

Basis/ABAP consultants will work with the University’s technical staff to:

	advise, mentor and assist University staff in the installation and upgrade of SAP R/3 software,
	advise, mentor and assist University staff in the establishment of development, quality assurance, training and production technical computing environments,
	consult with University staff and assist with performance optimization, recommended strategies for backup and recovery, security and reliability issues, capacity planning, data base administration and hardware configuration,
	advise and mentor University staff on all aspects of ABAP programming, development tools and best practices,
	advise, mentor and consult with University staff on the use of SAP R/3 system management tools,
	support all other aspects of the projects technical infrastructure,
	ensure knowledge transfer from the vendor to the project team.

The vendor must agree to establish mutually agreeable, measurable project milestones and deliverables for the project with progress payments to the vendor tied to the accomplishment of those milestones and deliverables.

For the duration of this project, the vendor must agree that neither the vendor nor any subcontractors will solicit for employment or employ any University staff member involved in this project.

2.3.3 Continuity of Work During Disputes

The vendor must agree that no work stoppage, interruption, or delay will be permitted should any dispute arise between the vendor and the University or any of the vendor’s subcontractors in the course of this project or during the resolution (by whatever procedural or legal means) of the dispute.

All software, documentation, processes, procedures or other intellectual properties that may result from this project beyond delivered SAP R/3 products are and will remain the sole property of The University of Tennessee.

Subject to the open records laws of the State of Tennessee, all data and information revealed or accessible to the vendor or their subcontractors concerning University contracts, staff, students, systems, processes and procedures shall be held in strict confidence by the vendor.

3.     Project Implementation Proposal

The vendors must submit proposals that include responses to all items listed in this section. Each proposal response must explicitly reference the corresponding RFP section number. Proposals that do not address these questions risk being disqualified.

3.1 Executive Summary

The proposal must include an Executive Summary of the vendor’s proposal. This Executive Summary should concisely convey what the vendor sees as the most important messages of the proposal, the factors that differentiate the vendor’s offering from the competition, and the critical points for the University to consider in its implementation.

3.2.1.1 Provide at least three references from United States higher education (preferred) or public sector organizations with which the vendor has been involved with SAP R/3 implementations over the last five years. Include the following information for each reference:

1. Note whether the vendor was the prime contractor or a subcontractor for each project.

2. List the functional areas (SAP R/3 modules), the version, and the date implemented.

3. Provide a contact name, title, and phone number from each reference.

4. Detail how many of the vendor’s own employees worked on each project, their responsibilities and length of involvement.

5. Provide additional comments about the vendor’s participation in the project, if needed, to clearly describe the vendor’s involvement in the implementation.

3.2.1.2 Provide any additional information about the vendor’s experience and qualifications to be the prime contractor for The University of Tennessee.

3.2.2.1 Identify and describe the methodology proposed for implementation of SAP R/3.

3.2.2.2 Describe the vendor’s experience with the proposed methodology.

3.2.2.3 If the proposed methodology is other than AcceleratedSAP (ASAP), compare and contrast the two methodologies. Explain why the alternate methodology is preferred.

3.2.3.1 Provide the hierarchical outline (work breakdown structure) for major activities included in the project.

3.2.3.2 Provide Gantt chart representing key milestones, project activities, and deliverables.

3.2.3.3 Describe the roles and responsibilities (for both the consultants and the University personnel) for the proposed project.

3.2.3.4 Describe the critical factors for success for the proposed project.

3.2.3.5 Explain how the progress of the project will be tracked and how progress is measured.

3.2.3.6 Describe how the vendor manages the scope of the project.

3.2.3.7 Describe the process for proposing changes to the project plan that were not covered in the original scope of work (change orders).

3.2.3.8 Describe how the conversion of data from the legacy systems to SAP R/3 fits within the overall project plan.

3.2.3.9 Describe the role that the vendor will play in defining specifications for extended functionality and reports.

3.2.3.10 Describe how a plan for the development and delivery of training and documentation is incorporated into the vendor’s project plan.

3.2.4.2 Provide a proposed Basis/ABAP staffing plan indicating the number, characteristics, and schedule for the consultants proposed to support the project.

3.2.4.3 Provide the number of certified SAP R/3 public sector consultants in the vendor’s pool, by functional area and skill level. Note how many of these consultants have higher education experience, and how many have SAP R/3 higher education experience.

3.2.4.4 Discuss the vendor’s intent to subcontract for implementation personnel. Specifically, describe the functions to be subcontracted and the expertise and credentials required from the subcontractor.

3.2.4.5 Provide the number of certified SAP R/3 public sector consultants available to the vendor from subcontractors, by functional area and skill level. Note how many of these consultants have higher education experience, and how many have SAP R/3 higher education experience.

3.2.4.6 Describe how the vendor’s staffing plan provides for a continued SAP presence and involvement with the project throughout the implementation.

3.2.4.7 Identify the specific individual that will be proposed as project manager, and provide his or her resume, qualifications, background, and references (more than one candidate may be proposed).

3.2.4.8 Describe the process by which the vendor requests the removal of a consultant from the University’s project.

3.3.1 Provide a fixed price proposal to deliver the services described in this RFP and clarified at the pre-proposal conference. Include a detailed description of the items included in the fixed price. As part of the fixed price agreement, the University will retain the right to continue to use all tools, processes, and procedures used in the implementation of SAP R/3 software.

3.3.2 Provide a separate price proposal for travel-related expenses and the rates and assumptions included in developing this proposal. Travel expenses should not be included in section 3.3.1 above. 

3.3.3 Itemize any cost items that are not included in the fixed price proposal.

3.3.4 Provide a matrix of hourly rates for the vendor’s consulting and Basis/ABAP programming services – at various skill levels and for both functional and technical consultants. This matrix will serve as the maximum rates for negotiated work and services beyond the scope of the vendor’s proposal, and for additional contracted programming services.

3.3.5 Describe the vendor’s procedure for pricing change orders.

4.    Evaluation Criteria

Vendors must meet the Minimum Acceptable Prime Contractor Qualifications as specified in Appendix A. Vendors who do not meet the minimum qualifications will be disqualified from further evaluation.

Once all qualifying proposals have been evaluated, the University will select one or more vendors with whom to conduct negotiations. Price will be considered, but is not required to be the determining factor. After negotiations have been concluded, the University will select one vendor and will award a contract to that vendor.

The evaluation will be based on the following factors:

	qualifications and experience,
	technical approach (methodology and project plan),
	proposed staffing, and
	price proposal.

Proposals will be evaluated based on information gathered from the RFP responses, the vendor presentation, reference contacts, and additional research.

The evaluation process will be documented before the University opens any response to the RFP, and sealed copies of this process will be provided to the Office of Business Services.

5. Proposal Preparation and Submission

The RFP timetable and the guidelines for the transmission of the proposals are defined in this section. The University reserves the right to reject any proposal that does not adhere to these guidelines.

The University will follow the timetable outlined below in the evaluation of vendor proposals. All times are Eastern Time.

5.1.1 Pre-proposal Conference

All vendors who plan to submit a proposal will be required to attend a pre-proposal conference. All vendors wishing to attend must notify the Office of Business Services in writing on or before 2:00 p.m. Easter Time, September 13, 1999. This pre-proposal conference will begin at 8:30 a.m. Eastern Time, September 20, 1999. The location will be room 412 of the University Conference Center, 600 Henley Street, Knoxville, TN. Each vendor will be limited to two participants at the pre-proposal conference. Vendors who do not attend this conference will be removed from further consideration.

The purpose of the conference is to provide an opportunity for vendors to ask questions concerning the implementation project and the University’s expectations. In addition, vendors can ask for clarification of the RFP. Vendors are expected to incorporate information from the pre-proposal conference into their proposals. Any RFP changes resulting from this conference will be issued as a written addendum to the RFP.

Qualified vendors may be required to give a presentation of their proposal. The University will schedule the time and location of these presentations. The presentation should not exceed four hours and should be focused on the proposal submitted by the vendor.

	All proposals must adhere to the following submission requirements:
	The written project implementation proposal must be submitted to the Office of Business Services no later than 2:00 p.m. Eastern Time, October 8, 1999. A vendor’s failure to submit a proposal as required before the deadline will cause the proposal to be disqualified.
	The proposal must be submitted in three separate and clearly identified sealed envelopes or other suitable container (see section 5.3.2).
	The original proposal material in each envelope must be signed and dated by an individual authorized to enter into a binding agreement in the name of the vendor.
	Vendors must submit the original and nine copies of the material in each envelope.
	It is the vendor’s responsibility to assure that the entire written proposal is delivered at the proper time and place specified in this RFP. Vendors assume the risk of the method of dispatch chosen. The University of Tennessee assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual proposal receipt by the University. Late proposals will not be accepted nor will additional time be granted to any potential vendor. Proposals may not be delivered orally, by facsimile transmission or by other telecommunication or electronic means.

Proposals must be prepared on standard 8-1/2" x 11" paper. Foldouts containing charts, spread sheets, and oversize exhibits are permissible. All responses, as well as any referenced material presented, must be written in English.

The University reserves the right to reject any and all proposals, waive any informalities in the proposals received and accept any proposal that, in its opinion may be in the best interest of the University. The University is not obligated by law or policy to accept the lowest priced proposal.

The University may cancel this Request for Proposal at any time prior to an award.

5.3 Proposal Format Requirements

Proposals should be prepared simply and provide a straightforward, concise description of the vendor’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. However, anything the vendor deems essential to the successful implementation of the requirements of this RFP for which The University of Tennessee makes no provision in the specifications or requirements should be included in vendor’s response.

Vendors must follow all formats and address all portions of the RFP set forth herein providing all information requested. Vendors may retype or duplicate any portion of this RFP for use in responding to the RFP, provided that the proposal clearly addresses all of the University’s information requirements.

Proposals should not contain extraneous information. All information presented in a proposal must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not incorporated into the body of the proposal itself, must be referenced to and from the appropriate place within the body of the proposal. Any information not meeting these criteria will be deemed extraneous and will not be considered in the evaluation process.

If a vendor fails to submit all information requested, the University may require the prompt submission of the missing information. Failure to provide all requested information may eliminate the proposal from further consideration

The proposal must be separated into the following parts:

The proposal must include a written transmittal letter introducing the proposal. This letter should be placed outside of the three envelopes. The Proposal Transmittal Letter will clearly:

identify the proposal as responding to RF-P00027;

	state that the proposal remains valid for at least one hundred twenty (120) days subsequent to the date of the proposal;
	provide the complete legal entity name and Vendor Tax Identification Number of the vendor making the proposal or the complete name and Social Security Number of the individual making the proposal;
	provide the name, mailing address, telephone number, fax number and e-mail address of the individual the University should contact regarding the proposal;
	state whether the vendor or any individual who will perform work under the contract has a possible conflict of interest (e.g., employment by The University of Tennessee or State of Tennessee) and, if so, the nature of that conflict. The University reserves the right to cancel an award if any interest disclosed from any source could either give the appearance of a conflict of interest or cause speculation as to the objectivity of the offer. Such determination regarding any questions of conflict of interest will be solely within the discretion of The University of Tennessee.

Each vendor must meet the Minimum Acceptable Prime Contractor Qualifications as specified in the Implementation of SAP Software, Request for Proposal RF-P00027 letter issued by The University of Tennessee and incorporated as Appendix A.

The proposal must include the information requested in Appendix A under the heading Supporting Documentation. This supporting documentation must be placed in envelope number one.

The proposal must include an Executive Summary as discussed in section 3.1.

The Executive Summary should be included in envelope number two.

5.3.2.4 Implementation Support Proposal

The vendors must submit proposals that include responses to all items listed in section 3.2. This proposal response must explicitly reference the corresponding RFP section.

The Implementation Support Proposal must be included with the Executive Summary in envelope number two.

5.3.2.5 Price Proposal

Vendors must submit a price proposal in a separate sealed envelope. See section 3.3 for additional information concerning submission of the price proposal.

The Price Proposal must be included only in envelope number three. Price information is restricted to the price proposal in envelope three. No price information is permitted in any other envelope and may be grounds for rejection of the vendor’s proposal if price is submitted in other than the price proposal.

Mr. David Marks
Purchasing Department
The University of Tennessee
Office of Business Services
2200 Andy Holt Avenue
Knoxville, TN 37996

Phone: (423) 974-0900
FAX: (423) 974-2973
E-mail: marks@pur.gw.utk.edu 

The University has assigned the following RFP number to specifically identify this RFP. This number should be referenced in all communications regarding the RFP:

RFP Number: RF-P00027

Upon release of the RFP, all vendor communication concerning this procurement must be directed to the Office of Business Services. Unauthorized communications concerning this procurement with other University employees may result in disqualification.

All communications should be in writing to the Office of Business Services. Any oral communications will be considered unofficial and non-binding on The University of Tennessee. Written questions and requests for clarification must cite the RFP number RF-P00027.

The University of Tennessee will respond to written questions and requests for clarification in writing which will become an amendment to the RFP. Only written responses to written communications will be considered official and binding upon the University. Written responses will be published to the web. The University reserves the right, at its sole discretion, to determine appropriate and adequate responses to questions and requests for clarification.

6.5 Clarification

The University of Tennessee reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all vendors. The purpose of any such discussions will be to ensure full understanding of the proposal. Discussions will be limited to specific sections of the proposal identified by the University and, if held, will be after initial evaluation of the proposals. If clarifications are made as a result of such discussion, the vendor will put such clarifications in writing. Refusal to respond to the University’s request for clarifications may be considered non-responsive and be used as grounds for rejection of the proposal.

If requested, the vendor will make an oral presentation to the Proposal Evaluation Team and other designated University representatives in Knoxville. All expenses (except for providing space) for the presentation will be borne by the vendor.

The University of Tennessee will not pay any costs associated with the preparation, submission, or presentation of any proposal.

A vendor may withdraw a submitted proposal at any time up to the deadline for submitting proposals. To withdraw a proposal, the vendor must submit a written request, signed by an authorized representative, to the Office of Business Services before the deadline for submitting proposals. After withdrawing a previously submitted proposal, the vendor may submit another proposal at any time up to the deadline for submitting proposals.

6.8 Proposal Errors

Vendors are liable for all errors or omissions contained in their proposal. Vendors will not be allowed to alter proposal documents after the deadline for proposal submission.

6.9 Right to Negotiate

Upon evaluation of the RFP, The University of Tennessee reserves the right to enter into negotiations with one or more vendors (not necessarily the vendor with the lowest deliverable price submission) that appear to have submitted a proposal that meet the needs and requirements of the University. Negotiations could include, but not be limited to, price and the terms and conditions of this RFP. However, issues may arise that the University may not negotiate due to state fiscal policies, state laws, or University policies and an impasse could arise. If for any reason a vendor(s) and the University cannot arrive at a mutual agreement that would result in the issuance of a contract, the University reserves the right to terminate negotiations, to reject the proposal, and to continue negotiations with other responsive vendors that may lead to the issuance and award of a contract(s).

6.10 RFP Amendment and Cancellation

The University of Tennessee reserves the unilateral right to amend this RFP in writing at any time. The University reserves the right to cancel or reissue the RFP at its sole discretion. Vendors will respond to the final written RFP and any exhibits, attachments, and amendments.

6.11 Right of Rejection

The University of Tennessee reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in its entirety.

Any proposal received that does not meet the requirements of this RFP may be considered to be non-responsive, and the proposal may be rejected. Vendors must comply with all of the terms of this RFP and all applicable State laws and regulations. The University of Tennessee may reject any proposal as being non-responsive that does not comply with the terms, conditions, and performance requirements of this RFP.

The vendor must be willing to contract with The University of Tennessee in accord with the University’s terms and conditions and other requirements specified in this RFP. Submission of alternate terms, conditions, or agreements may be deemed an unsolicited counter offer and be used as grounds for rejection.

6.13.1 Payment Schedule

A schedule of payments will be negotiated with the successful vendor. Payment will be based on performance of the successful vendor and correspond to acceptance milestones that are to be negotiated. In no case shall any payment be made simply upon contract execution.

The contract when awarded will cover the period from the date of award to a date to be mutually agreed to for implementation completion with a provision to extend by mutual agreement for additional periods of one year each for continued support and consultation.

The University of Tennessee reserves the right to enter into a contract with the vendor whose proposal in the University’s judgement most nearly conforms to the University’s requirements, and will best serve the needs of the University as described herein. The University also reserves the right to award a contract to a vendor other than the lowest price vendor if the interests of the University are best served. The University reserves the right to waive all technicalities in selecting or rejecting any or all proposals which satisfy or fail to satisfy the University’s best interests. The University of Tennessee reserves the right to make an award without further discussion of any proposal.

This RFP document, the vendor’s proposal submission, and the vendor presentation will be the basis for developing a contract. The contract will incorporate by reference all the requirements, terms, and conditions of the solicitation and the vendor’s proposal as negotiated.

If requested, the successful vendor will file with the Office of Business Services of The University of Tennessee, prior to commencing of this contract (or work), an appropriate certificate of insurance.

The successful vendor who provides products and services to The University of Tennessee will provide the University with satisfactory evidence of the following insurance coverage:

1. workers’ compensation and industrial disease insurance in the statutory amounts and employer’s liability in the amount of $500,000,

2. general liability insurance or comprehensive general liability insurance, including contractual liability, products/completed operation, and the vendor’s broad form liability in an amount equal to $1,000,000 combined single limits of liability, and

3. if requested, the vendor must provide a performance bond equal to the amount of the proposal.

Before a contract pursuant to this RFP is signed, the vendor must hold all necessary, applicable business and professional licenses. The University of Tennessee may require any or all vendors to submit evidence of proper license.

6.16 Assignment and Subcontracting

The vendor may not subcontract, transfer or assign any portion of the contract without prior written approval from The University of Tennessee. Not withstanding the use of approved subcontractors, the vendor, if awarded a contract under this RFP, will be the prime contractor and will be responsible for all work performed by any subcontractor.

The University of Tennessee reserves the right to refuse, at its sole discretion, any subcontractors or any personnel provided by the prime contractor or its subcontractors.

A proposal will be disqualified and rejected if the price in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any vendor, a University of Tennessee employee, or any competitor.

The vendor is prohibited from submitting more than one proposal. Submission of more than one proposal will result in the disqualification of the vendor. The vendor is prohibited from submitting multiple proposals in a different form (i.e., as a prime contractor and as a subcontractor to another prime contractor). Submission of multiple proposals in a different form may result in the disqualification of all vendors associated with a multiple proposal.

Should any prohibited action stated in this RFP be detected any time during the term of the contract, such action will be considered a material breach and grounds for contract termination.

6.21 Conflict of Interest

If a contract is issued, the vendor will avoid at all times any conflict of interests between his or her duties and responsibilities as a contractor and his or her interest outside the scope of any current or future contract. The following, but not limited to, principles define the general parameters of a conflict of interest prohibited by The University of Tennessee:

1. A vendor’s outside interests will not interfere with or compromise his or her judgment and objectivity with respect to his or her responsibilities to the University. 

2. A vendor will not make or influence University decisions or use University resources in a manner that results in:

1. financial gain outside any current or future contracts for either the vendor or his or her relatives, or

2. unfair advantage to or favored treatment for a third party outside the University.

3. A vendor’s outside financial interests will not affect the design, conduct, or reporting of research. The vendor must certify that he or she has no conflict of interests and has disclosed in writing the following:

1. any partners or employees of the vendor who are also employees of The University of Tennessee,

2. any relatives of the vendor’s partner or employees who work for The University of Tennessee, and

3. any outside interest that may interfere with or compromise his or her judgement and objectivity with respect to his or her responsibilities to The University of Tennessee.

Vendors may not restrict the rights of The University of Tennessee or otherwise qualify their proposals. If a vendor does so, the University may determine the proposal to be a non-responsive counter offer, and the proposal may be rejected.

The University of Tennessee reserves the right, at its sole discretion, to waive variances in proposals provided such action is in the best interest of the University. Where the University waives minor variances in proposals, such waiver does not modify the RFP requirements or excuse the vendor from full compliance with the RFP. Notwithstanding any minor variance, the University may hold any vendor to strict compliance with the RFP.

DISCLOSURE OF PROPOSAL CONTENTS: All proposals and other materials submitted in response to this RFP procurement process become the property of The University of Tennessee. Selection or rejection of a response does not affect this right. All proposal information, including detailed price information, will be held in confidence during the evaluation process and prior to the award recommendation. Upon the completion of the review and evaluation of all proposals submitted in response to this RFP, all proposals and associated materials will become public documents of The University of Tennessee and open for review by the public in accordance with Tennessee Code Annotated, Section 10-7-504(a)(7). By submitting a proposal, the vendor acknowledges and accepts that the full contents of the proposal and associated documents will become a public record open to public inspection. The wishes of any vendor marking a proposal, any part of a proposal, or associated materials as proprietary and/or confidential will be neither accepted nor honored.

6.25 Severability

If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected. The rights and obligations of The University of Tennessee and vendors will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

The work under this RFP is to be performed, completed, and managed at Knoxville, Tennessee. The University will provide workspace for the vendor. All work performed on the University’s premises will be completed during the project’s standard workdays (Monday through Thursday) unless otherwise agreed upon in advance.

The terms and conditions as listed in this section will govern the RFP process and will be incorporated into any contract issued by The University of Tennessee. The University of Tennessee General Bid Conditions (known as General Proposal Conditions) will be applicable and incorporated into any contract issued by the University. General Bid Conditions will be provided at the Pre-Proposal Conference. When reviewing the terms and conditions, all references made to ‘request for quotations’ are deleted and should be interpreted as ‘request for proposal’; all references made to ‘bidders’ are deleted and should be interpreted as ‘vendors.’

If a vendor finds discrepancies, ambiguities, omissions, or is in doubt as to the meaning or intent of the proposal request, the Office of Business Services should be notified on or before September 20, 1999. All such necessary clarifications, information, interpretations or amendments, will be answered in the form of written addenda and published to the web at www.utenn.edu/21stcentury. No request for interpretation or clarification will be accepted after September 20, 1999.

If an amendment to the RFP is issued, vendors will have until September 27, 1999 to ask any questions related to the amendment.

The amendment and any responses to vendor questions will be published to the web at www.utenn.edu/21stcentury.

All addenda are incorporated, by reference, into the contract. Failure of any vendor to receive any addenda will not relieve the vendor of any obligation with respect to the proposal.

If the vendor fails to perform properly its obligations under any contract issues as a result of this RFP or violates any term of any contract issued as a result of this RFP, the University will have the right to terminate any contract issued as a result of this RFP immediately and withhold payments in excess of fair compensation for completed services. The vendor will not be relieved of liability to the University for damages sustained by breach of any contract issued as a result of this RFP by the contractor.

The University of Tennessee will not be bound by a contract issued as a result of this RFP until it is approved by the appropriate University official(s). Any contract issued as a result of this RFP may be modified only by a written amendment which has been executed and approved by the appropriate parties.

The selected vendor will defend at the vendor’s expense, indemnify and hold harmless The University of Tennessee and its employees, including the Board of Trustees, from and against any and all liability damages, losses, expenses, claims, demands, suits, actions, judgments, bodily injuries or sicknesses to any person, or damage destructive or loss of use of any property arising out of or related to the services provided by the vendor or caused by the vendor's negligence or from any operation conducted by the vendor in rendering service to The University of Tennessee.

The vendor selected will be deemed to be an independent contractor and will not, under any circumstances be considered an employee, servant or agent of The University of Tennessee. Neither the vendor nor its employees have any authority to bind the University in any respect.

The vendor warrants that no part of the total contract amount will be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor or consultant to vendor in connection with any work contemplated or performed relative to this contract, and that no employee or official of the State of Tennessee holds a controlling interest in the vendor. If the vendor is an individual, the individual certifies that he or she is not presently employed by The University of Tennessee or any other agency or institution of the State of Tennessee; that he or she has not retired from or terminated such employment within the past six months; and that he or she will not be so employed during the term of this contract.

No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by Federal and/or Tennessee State constitutional and/or statutory law will be excluded from participation in, or be denied benefits of, or otherwise subjected to discrimination in the performance of this contract. The vendor will, upon request, show proof of such nondiscrimination, and will post in conspicuous places, available to all employees and applicants, notice of nondiscrimination.

The vendor, being an independent contractor, agrees to carry adequate public liability and other appropriate forms of insurance, and to pay all taxes incident to this contract. Vendors are required to maintain comprehensive general liability insurance including product liability coverage. Any purchase order(s) issued by The University of Tennessee are contingent on the maintenance of current liability coverage as described in the RFP document.

The University of Tennessee will have no liability except as specifically provided in this contract.

The vendor will comply with all applicable Federal and State laws and regulations in the performance of this Contract.

This contract will be governed by the laws of the State of Tennessee, which provide that The University of Tennessee liability coverage is solely under the terms and limits of the Tennessee Claims Commission Act.

In the event there are any conflicts between the general proposal conditions and the special proposal conditions, the special proposal conditions will take precedence.

Vendors must submit with their proposals adequate information to establish their ability to satisfactorily furnish the items on this contract. The University of Tennessee may require of the successful vendor sufficient information to establish financial responsibility; that he has adequate facilities and personnel; plus any other information which may be requested by the University which it deems necessary to establish the successful vendor's ability to do this work.

Prices quoted must be valid for the duration of the contract and its extensions, if any, except the University will be advised of and receive the benefit of any and all general price reductions to the vendor’s other customers or price reductions due to general market forces occurring at any time during the effective period of the contract. Written notice will be made to the Office of Business Services not later than (10) days prior to the effective date of the price reduction. The price decrease will be identical to or greater than the general decrease extended to the vendor’s other customers. Price decrease will become effective immediately and will apply to all orders that have yet to be filled or delivered.

Notwithstanding any other cancellation provision, this contract may be canceled in whole or in part by The University of Tennessee by giving thirty (30) days prior notice in writing to the other party. In addition, the University is required by State law to purchase its requirements from state contractors if their prices are less than those prices obtained by The University of Tennessee. If during the term of this contract a State contract is issued which has lower prices, the University reserves the right to cancel all or part of this contract.

The successful vendor will be responsible for furnishing qualified, responsible, professional personnel who can perform the requirements of this contract.

The University of Tennessee General Proposal Conditions are applicable to any contract issued as a result of this RFP.

This memorandum represents the first step in The University of Tennessee's process for selecting a vendor to assist in the implementation of the finance, purchasing, budgeting, and human resources functions of the SAP R/3 software. The second step is the issuance of the Request for Proposal (RFP). The RFP can be obtained at the University’s web site (www.utenn.edu/21stcentury) or a copy can be obtained by contacting the Office of Business Services at the address below on or after September 9, 1999.

Vendors who wish to submit a proposal must attend a mandatory pre-proposal conference, to be held on September 20, 1999. The Office of Business Services must be notified in writing, by fax, or via e-mail by September 13, 1999 if you plan to submit a proposal and attend the pre-proposal conference.

The following information is provided to help vendors determine if they wish to submit a proposal.

The University of Tennessee through the issuance and evaluation of a Request for Proposals (RFP) has purchased the SAP R/3 software. These modules include:

The University plans to implement these modules along with workflow and security during the initial phase of the project.

The minimum qualifications are:

1. The implementation vendor must be either a certified United States Public Sector SAP Implementation Partner or the software vendor.
2. The vendor must have acted as the prime contractor for a successful implementation of SAP R/3 financial and/or human resources systems in higher education in the United States.
3. The vendor must be able to provide consultants certified and experienced in the ASAP implementation methodology or equivalently qualified and experienced in an alternate implementation methodology.
4. The vendor must be able to provide consultants certified and experienced in the public sector implementation of the SAP R/3 software.
5. The vendor must agree to a fixed cost implementation. The vendor must agree to provide a performance bond equal to the amount of the proposal, if requested.

The following documentation, to support the minimum qualifications, must be provided with the proposal:

1. Documentation certifying that the implementation vendor is either a certified United States Public Sector SAP Implementation Partner or the software vendor.
2. A list of United States institutions of higher education where the vendor has been the prime contractor for a successful implementation of SAP R/3 financial and/or human resources systems. For each institution, list the modules, the version, and the date of the implementation. Supporting documentation should include a confirming letter from the institution(s).
3. Documentation to support that the vendor can provide consultants certified and experienced in the ASAP implementation methodology or equivalently qualified and experienced in an alternate implementation methodology.
4. Documentation to support that the vendor can provide consultants certified and experienced in the public sector implementation of the SAP R/3 software.
5. A statement indicating that the vendor agrees to a fixed cost implementation.
6. A statement indicating that the vendor is willing to provide a performance bond equal to the amount of the proposal, if requested.

The response must be signed and dated by an individual authorized to enter into a binding agreement in the name of the vendor.

All vendors will be required to attend the pre-proposal conference where the University can answer vendor questions. Each vendor will be limited to two participants. The pre-proposal conference will begin at 8:30 a.m. Eastern Time, September 20, 1999. The location will be Room 412 on the fourth floor of The University Conference Center, 600 Henley Street, Knoxville, TN.

Please submit all questions and confirm your attendance of the Pre-Proposal meeting to:

Mr. David Marks
Purchasing Department
The University of Tennessee
Office of Business Services
2200 Andy Holt Avenue
Knoxville, TN 37996

(423) 974-2973 fax
marks@pur.gw.utk.edu