Plagiarism Detection Software Tender in USA - 92542296

Procurement Summary

Country: USA

Summary: Plagiarism Detection Software

Deadline: 10 Nov 2023

Posting Date: 22 Nov 2023

Other Information

Notice Type: Tender

TOT Ref.No.: 92542296

Document Ref. No.: 24-0013

Financier: Self Financed

Purchaser Ownership: Public

Tender Value: Refer Document

Purchaser's Detail

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Tender Details

Tenders are invited for Plagiarism Detection Software




REQUEST FOR QUOTE





Plagiarism Detection Software





TBR RFQ #

24-0013

Bid Due

10 - Nov - 2023

Date/Time

3:00pm CT





























CONTENTS

SECTION



1

INTRODUCTION

1.1 Background

1.2 Statement of Procurement Purpose

1.3 Scope of Services

1.4 General Information

1.5 Questions and Resulting Contract

1.6 Bidder-s Pricing Quotation

RFQ ATTACHMENTS:



A

Draft Pro Forma Contract
(To be used as informational purposes only and does not need to be included in the Bidders submittal)



B

Technical Requirements
(To be used as informational purposes only and does not need to be included in the Bidders submittal)



C

Bidder-s Pricing Quotation
(Return completed and signed with bid submission)



D

Certification of Quotation/Proposal
(Return completed and signed with bid submission)



E

Bid Sheet
(Return completed and signed with bid submission)



F



Request for Vendor Registration
(Return completed and signed with bid submission)



G

List of Eligible Institutions




H

Standard Purchasing Terms and Conditions
(To be used as informational purposes only and does not need to be included in the Bidders submittal)











































Plagiarism Detection Software




1 INTRODUCTION

1.1 Background

The Tennessee Board of Regents System of Higher Education established by T. C. A. § 49-8-101 is (hereinafter “System”, “System Office” or “TBR”) is among the largest System of higher education in the Nation. The System is composed 13 community colleges, 26 colleges of applied technology, and the System Office.



The System seeks to promote and ensure equal opportunity for all persons without regard to race, color, religion, sex, ethnic or national origin, sexual orientation, gender identity, genetic information, disability status, age or status as a protected veteran and shall fully comply with Executive Order 11246, as amended, and all other applicable federal and state equal opportunity laws.



1.2 Statement of Procurement Purpose

The System Office has issued this Request for Quote (RFQ) to define the Institution's minimum service requirements. The solution would provide access to all 26 Tennessee Colleges of Applied Technology (TCATs), 13 Community Colleges, and TN eCampus. Through this RFQ, the Institution seeks to procure necessary Plagiarism Detection Software at the most favorable, competitive prices and to give ALL qualified businesses, including those that are small, minority, women, and service-disabled veteran owned, the opportunity to do business with the Institution. Vendors must complete the Ownership Ethnicity Form (See Attachment D) for form and classification definitions. In addition, all small, minority, women and service-disabled veteran owned businesses are strongly encouraged to register with the Governor-s Office of Diversity Business Enterprise (Go-DBE) to attain official certification. The Institution shall work with the successful Bidder and the Go-DBE Office regarding registration/certification.



The Institution intends to secure a contract for Plagiarism Detection Software as further defined in RFQ Requirements, Attachment B.



1.3 Scope of Services

TBR requests quotations from bidders who can service TBR as identified in Attachment B, Technical Requirements.



The Successful Bidder shall be required to execute an Agreement with TBR. A Sample Pro Forma Contract is provided as Attachment A which substantially represents the contract that the Successful Bidder will be required to sign. Any exceptions to the attached Agreement must be provided in the Bidders RFQ Response. Failure of the Successful Bidder and TBR to agree to final contract terms will be cause for rejection of the Successful Bidder-s RFQ Response and TBR reserves the right to begin discussion with the next lowest bid that meets the RFQ requirements.





1.4 General Information



A. Each Bid Response to this RFQ must include a signed copy of Attachment C, D, E and F. Bids may be delivered electronically via email OR by physical mail.



















Electronic Submission: Physical Submission:



Email: procurement.travel@tbr.edu Tennessee Board of Regents

Subject Line: “Bid for RFQ 24-0013” 1 Bridgestone Park

3rd Floor, Attn: RFQ 24-0013 (Procurement)

Nashville, TN 37214





B. Invoice billing shall occur monthly, quarterly, or annually.



C. The Institution point of contact:



Brian York

1 Bridgestone Park

Third Floor

Nashville, TN 37214

Email: procurement.travel@tbr.edu

Phone: (615) 366-3998



1.5 Questions and Resulting Contract

A. All questions related to this RFQ must be submitted in writing by 11/01/2023 via email to procurement.travel@tbr.edu. No questions will be entertained after the submittal deadline.



B. The attached Pro Forma Contract, Attachment A, shall be the resulting Contract executed for this solicitation.



1.6 Bidder-s Pricing Quotation

A. Bidders are required to provide its pricing in the format requested. See Attachment C. Any other cost submission shall make the RFQ non-responsive and TBR may reject it.












ATTACHMENT A

PRO FORMA CONTRACT



The Pro Forma Contract set forth in this Attachment contains some “blanks”, signified in brackets by words in all capital letters, describing material to be added, along with appropriate additional information, in the final contract resulting from this RFQ.

CONTRACT

BY AND BETWEEN

TENNESSEE BOARD OF REGENTS

AND

[CONTRACTOR NAME]





This Contract is entered into this __ day of ________, 20__ by and between [INSTITUTION NAME] (hereinafter referred to as the “Institution”) and [CONTRACTOR LEGAL ENTITY NAME], (hereinafter referred to as the “Contractor”), is for the purpose of providing [SHORT DESCRIPTION OF THE SERVICE], as further defined in the "SCOPE OF SERVICES".



The Contractor is [AN INDIVIDUAL / A FOR-PROFIT CORPORATION / A NONPROFIT CORPORATION / A SPECIAL PURPOSE CORPORATION OR ASSOCIATION / A FRATERNAL OR PATRIOTIC ORGANIZATION / A PARTNERSHIP / A JOINT VENTURE / A LIMITED LIABILITY COMPANY] with its principal location being:



[ADDRESS]



The Contractor-s place of incorporation or organization is [STATE OF ORGANIZATION].



A. SCOPE OF SERVICES:



A.1. The Contractor shall provide Plagiarism Detection Software as defined in Attachment B.



B. CONTRACT TERM:



B.1. Contract Term. This Contract shall be effective for the period commencing on January 1, 2024, and ending on December 31, 2024. The Institution shall have no obligation for services rendered by the Contractor which are not performed within the specified period.



B.2. Term Extension. The Institution reserves the right to extend this Contract for an additional period or periods of time representing increments of no more than one year and a total contract term of no more than five years, provided that the Institution notifies the Contractor in writing of its intention to do so at least thirty (30) days prior to the Contract expiration date. An extension of the term of this Contract will be effected through an amendment to the Contract. If the extension of the Contract necessitates additional funding beyond that which was included in the original Contract, the increase in the Institution-s maximum liability will also be effected through an amendment to the Contract and shall be based upon rates provided for in the original Contract.



C. PAYMENT TERMS AND CONDITIONS:



C.1. Maximum Liability. In no event shall the maximum liability of the Institution under this Contract exceed [WRITTEN DOLLAR AMOUNT] [$NUMBER AMOUNT]. The Service Rates in Section C.3 include, but are not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred or to be incurred by the Contractor. The maximum liability represents available funds for payment to the Contractor and does not guarantee payment of any such funds to the Contractor under this Contract unless the Institution requests work and the Contractor performs the work.



C.2. Compensation Firm. The Service Rates and the Maximum Liability of the Institution under this Contract are firm for the duration of the Contract and are not subject to escalation for any reason unless this Contract is amended.





C.3. Payment Methodology. The Contractor shall be compensated based on the Service Rates herein for units of service authorized by the Institution in a total amount not to exceed the Contract Maximum Liability established in Section C.1. The Contractor-s compensation shall be contingent upon the satisfactory completion of units of service or project milestones listed below. The Contractor shall be compensated based upon the following Service Rates:



SERVICE UNIT/MILESTONE [DUE DATE]

AMOUNT

[SERVICE UNIT/MILESTONE EVENT]

$[NUMBER AMOUNT]

[SERVICE UNIT/MILESTONE EVENT]

$[NUMBER AMOUNT]


The Contractor shall submit monthly invoices, in form and substance acceptable to the Institution with all of the necessary supporting documentation, prior to any payment. Such invoices shall be submitted for completed units of service or project milestones for the amount stipulated.



C.4. Travel Compensation. [PICK ONE OF THESE OPTIONS]



The Contractor shall not be compensated or reimbursed for travel, meals, or lodging.



[OR]



Compensation to the Contractor for travel, meals and/or lodging in connection to work performed under this Contract shall be in the amount of actual cost to the Contractor, subject to the maximum amounts and limitations specified in the State Comprehensive Travel Regulations and pursuant to TBR Travel Policy, as they may be amended from time to time. [YOU SHOULD MAKE THIS DECISION BEFORE THE RFP IS ISSUED]



C.5. Payment of Invoice. The payment of an invoice by the Institution shall not prejudice the Institution's right to object to or question any invoice or matter in relation thereto. Such payment by the Institution shall neither be construed as acceptance of any part of the work or service provided nor as an approval of any of the amounts invoiced therein.



To ensure payment is made in a timely manner, the Contractor shall submit ALL invoices for the Institution-s System Office and the Tennessee Colleges of Applied Technology (TCATs) electronically to payables.vendors@tbr.edu. Contractor agrees that no payment shall be made until the Contractor is officially registered through the Institution-s Vendor Portal and provide all registration information requirements.



C.6. Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any invoice or payment theretofore made which are determined by the Institution, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute proper remuneration for compensable services.



C.7. Deductions. The Institution reserves the right to deduct from amounts which are or shall become due and payable to the Contractor under this or any Contract between the Contractor and the Institution any amounts which are or shall become due and payable to the Institution by the Contractor.



C.8. Retention of Final Payment. An amount of [WRITTEN DOLLAR AMOUNT] [$NUMBER AMOUNT], representing [WRITTEN NUMBER] percent [NUMBER %] of the maximum total compensation payable under this Contract, shall be withheld by the Institution until [WRITTEN NUMBER] [NUMBER] days after final completion of the services to be performed by the Contractor under this Contract.[THIS MAY BE DELETED IF NOT APPLICABLE]



D. STANDARD TERMS AND CONDITIONS:



D.1. Required Approvals. The Institution is not bound by this Contract until it is approved by the appropriate officials in accordance with applicable Tennessee laws and regulations.



D.2. Modification and Amendment. This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials in accordance with applicable Tennessee state laws and regulations.



D.3. Ethnicity. This Contract shall not be executed until the Contractor has completed the Minority/Ethnicity Form.



D.4. Termination for Convenience. The Institution may terminate this Contract, in whole or in part, without cause for any reason. Termination under this Section D. 4 shall not be deemed a Breach of Contract by the Institution. The Institution shall give the Contractor at least ninety (90) days written notice before the effective termination date. The Contractor shall be entitled to receive compensation for satisfactory, authorized service completed as of the termination date, but in no event shall the Institution be liable to the Contractor for compensation for any service which has not been rendered. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount based upon such termination.



D.5. Termination for Cause. If the Contractor fails to perform its obligations under this Contract in a timely or proper manner, or if the Contractor violates any term of this Contract, the Institution shall have the right to immediately terminate the Contract and withhold payments in excess of fair compensation for completed services; provided, however, Institution shall have the option to give Contractor written notice and a specified period of time in which to cure. Notwithstanding the above, the Contractor shall not be relieved of liability to the Institution for damages sustained by virtue of any breach of this Contract by the Contractor.



D.6. Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the Institution. If such subcontracts are approved by the Institution, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of Interest" and "Nondiscrimination". Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work performed.



D.7. Conflicts of Interest. The Contractor warrants that no part of the total Contract amount shall 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 an officer, agent, employee, subcontractor, or consultant to the Contractor in connection with any work contemplated or performed relative to this Contract.



D.8. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of disability, age, race, color, religion, sex, veteran status, national origin, or any other classification protected by Federal, or State constitutional or statutory law. The Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.



D.9. Records. The Contractor shall maintain documentation for all charges against the Institution under this Contract. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the Institution, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles.



D.10. Monitoring. The Contractor-s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the Institution, the Comptroller of the Treasury, or their duly appointed representatives.



D.11. Progress Reports. The Contractor shall submit brief, periodic, progress reports to the Institution as requested. [OR SPECIFY TIME PERIOD - MONTHLY, QUARTERLY, SEMI-ANNUALLY, ANNUALLY, ETC.]



D.12. Strict Performance. Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.



D.13. Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that the parties are independent contracting entities and that nothing in this Contract shall be construed to create an employer/employee relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.



The Contractor, being an independent contractor and not an employee of the Institution, agrees to carry adequate public liability and other appropriate forms of insurance on the Contractor-s employees, and to pay all applicable taxes incident to this Contract.



OR



The Contractor, being an independent contractor and not an employee of the Institution, agrees to carry public liability insurance, issued by a carrier licensed to do business in the State of Tennessee, in the amount of at least one million dollars per occurrence, with an endorsement naming the Institution as an additional insured under the policy, and any other forms of insurance required by law, including, but not limited to workers compensation insurance. The Contractor shall provide proof of all insurance required under this section prior to execution of this Contract. Contractor shall pay applicable taxes incident to this Contract.

[If the contract calls for the Contractor to do work on the property of the Institution or to do acts on behalf of the Institution that have any risk of injury to others, choose the second option]



D.14. Institution Liability. The Institution shall have no liability except as specifically provided in this Contract.



D.15. Force Majeure. The obligations of the parties to this Contract are subject to prevention by causes beyond the parties- control that could not be avoided by the exercise of due care including, but not limited to, acts of God, riots, wars, epidemics or any other similar cause.



D.16. State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and regulations, including Institution policies and guidelines in the performance of this Contract.



D.17. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the Tennessee Claims Commission in actions that may arise under this Contract. The Contractor acknowledges and agrees that any rights or claims against the Institution or its employees hereunder, and any remedies arising therefrom, shall be subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407.



D.18. Severability. If any terms or conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Contract are declared severable.



D.19. Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract.



E. ADDITIONAL TERMS AND CONDITIONS:



E.1. Communications and Contacts.

The Institution:
[NAME AND TITLE OF INSTITUTION CONTACT PERSON]
[INSTITUTION NAME]
[ADDRESS]
[TELEPHONE NUMBER]
[FACSIMILE NUMBER]

The Contractor:
[NAME AND TITLE OF CONTRACTOR CONTACT PERSON]
[CONTRACTOR NAME]
[ADDRESS]
[TELEPHONE NUMBER]
[FACSIMILE NUMBER]

All instructions, notices, consents, demands, or other communications shall be sent in a manner that verifies proof of delivery. Any communication by facsimile transmission shall also be sent by United States mail on the same date as the facsimile transmission. All communications which relate to any changes to the Contract shall not be considered effective until agreed to, in writing, by both parties.



E.2. Subject to Funds Availability. The Contract is subject to the appropriation and availability of State and/or Federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the Institution reserves the right to terminate the Contract upon written notice to the Contractor. Termination under this Section E.2 shall not be deemed a breach of Contract by the Institution. Upon receipt of the written notice, the Contractor shall cease all work associated with the Contract. Should such an event occur, the Contractor shall be entitled to compensation for all satisfactory and authorized services completed as of the termination date. Upon such termination, the Contractor shall have no right to recover from the Institution any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount.



E.3. Breach. A party shall be deemed to have breached the Contract if any of the following occurs (However, this list is not exclusive: failure to perform in accordance with any term or provision of the Contract; partial performance of any term or provision of the Contract; any act prohibited or restricted by the Contract; or, violation of any warranty.

For purposes of this Contract, these items shall hereinafter be referred to as a “Breach.”

a. Contractor Breach— Institution shall notify Contractor in writing of a Breach.



(1) In event of a Breach by Contractor, the Institution shall have available the remedy of actual damages and any other remedy available at law or equity.



(2) Liquidated Damages— [INCLUDE THIS SECTION ONLY IF APPLICABLE AND ADD ATTACHMENT AS DESCRIBED BELOW] In the event of a Breach, the Institution may assess Liquidated Damages. The Institution shall notify the Contractor of amounts to be assessed as Liquidated Damages. The parties agree that due to the complicated nature of the Contractor-s obligations under this Contract it would be difficult to specifically designate a monetary amount for a Breach by Contractor as the amounts are likely to be uncertain and not easily proven. Contractor hereby represents and covenants it has carefully reviewed the Liquidated Damages provisions contained in the above referenced, Attachment [NUMBER] and agrees that the amounts represent a reasonable relationship between the amount and what might reasonably be expected in the event of Breach, and are a reasonable estimate of the damages that would occur from a Breach. It is hereby agreed between the parties that the Liquidated Damages represent solely the damages and injuries sustained by the Institution in losing the benefit of the bargain with Contractor and do not include any injury or damage sustained by a third party. The Contractor agrees that the liquidated damage amount is in addition to any amounts Contractor may owe the Institution pursuant to the indemnity provision or other section of this Contract.

The Institution may continue to withhold the Liquidated Damages or a portion thereof until the Contractor cures the Breach, the Institution exercises its option to declare a Partial Default, or the Institution terminates the Contract. The Institution is not obligated to assess Liquidated Damages before availing itself of any other remedy. The Institution may choose to discontinue Liquidated Damages and avail itself of any other remedy available under this Contract or at law or in equity; provided, however, Contractor shall receive a credit for Liquidated Damages previously withheld except in the event of a Partial Default.



(3) Partial Default— In the event of a Breach, the Institution may declare a Partial Default. In which case, the Institution shall provide the Contractor written notice of: (1) the date which Contractor shall terminate providing the service associated with the Breach; and (2) the date the Institution will begin to provide the service associated with the Breach. Notwithstanding the foregoing, the Institution may revise the time periods contained in the notice written to the Contractor.



In the event the Institution declares a Partial Default, the Institution may withhold, together with any other damages associated with the Breach, from the amounts due the Contractor the greater of: (1) amounts which would be paid the Contractor to provide the defaulted service; or (2) the cost to the Institution of providing the defaulted service, whether said service is provided by the Institution or a third party. To determine the amount the Contractor is being paid for any particular service, the Institution shall be entitled to receive within five (5) days of any request, pertinent material from Contractor. The Institution shall make the final and binding determination of the amount.

Upon Partial Default, the Contractor shall have no right to recover from the Institution any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. Contractor agrees to cooperate fully with the Institution in the event a Partial Default is declared.



b. Institution Breach— In the event of a Breach of contract by the Institution, the Contractor shall notify the Institution in writing within 30 days of any Breach of contract by the Institution. The notice shall contain a description of the Breach. In the event of Breach by the Institution, the Contractor may avail itself of any remedy available in the Claims Commission; provided, however, failure by the Contractor to give the Institution written notice and opportunity to cure as described herein operates as a waiver of the Institution-s Breach. Failure by the Contractor to file a claim before the Claims Commission within one (1) year of the written notice of Breach shall operate as a waiver of the claim in its entirety. It is agreed by the parties this provision establishes a contractual period of limitations for any claim brought by the Contractor.



E.4. Copyrights and Patents/Institution Ownership of Work Products. Contractor grants Institution a world-wide, perpetual, non-exclusive, irrevocable, fully paid up license to use any proprietary software products delivered under this Contract. The Institution shall have royalty-free and unlimited rights to use, disclose, reproduce, or publish, for any purpose whatsoever, as well as share in any financial benefits derived from the commercial exploitation of all work products created, designed, developed, or derived from the services provided under this Contract. The Institution shall have the right to copy, distribute, modify and use any training materials delivered under this Contract for internal purposes only.



The Contractor agrees to indemnify and hold harmless the Institution as well as its officers, agents, and employees from and against any and all claims or suits which may be brought against the Institution for infringement of any third party-s intellectual property rights, including but not limited to, any alleged patent or copyright violations. The Institution shall give the Contractor written notice of any such claim or suit and full right and opportunity to conduct the Contractor-s own defense thereof. In any such action brought against the Institution, the Contractor shall take all reasonable steps to secure a license for Institution to continue to use the alleged infringing product or, in the alternative, shall find or develop a reasonable, non-infringing alternative to satisfy the requirements of this Contract.



The Contractor further agrees that it shall be liable for the reasonable fees of attorneys for the Institution in the event such service is necessitated to enforce the obligations of the Contractor to the Institution.



E.5. Insurance. The Contractor shall maintain a commercial general liability policy. The commercial general liability policy shall provide coverage which includes, but is not limited to, bodily injury, personal injury, death, property damage and medical claims, with minimum limits of $1, 000, 000 per occurrence, $3, 000, 000 in the aggregate. The Contractor shall maintain workers- compensation coverage or a self-insured program as required under Tennessee law. The Contractor shall deliver to the Institution both certificates of insurance no later than the effective date of the Contract. If any policy providing insurance required by the Contract is cancelled prior to the policy expiration date, the Contractor, upon receiving a notice of cancellation, shall give immediate notice to the Institution.



The enumeration in the Contract of the kinds and amounts of liability insurance shall not abridge, diminish or affect the Contractor-s legal responsibilities arising out of or resulting from the services under this Contract.



E.6. Performance Bond. [ADD ONLY IF APPLICABLE] Contractor shall furnish a performance bond in the amount equal to [WRITTEN DOLLAR AMOUNT] ($[NUMBER AMOUNT]), guaranteeing full and faithful performance of all undertakings and obligations under this Contract for the initial Contract term and all extensions thereof. The bond shall be in the manner and form prescribed by the Institution, must be issued through a company licensed to issue such a bond in the State of Tennessee.



The Contractor shall provide the bond to the Institution no later than the effective date of this Contract. Failure to provide the performance bond prior to the deadline as required shall result in contract termination.

In lieu of a performance bond, a surety deposit, in the sum of [WRITTEN DOLLAR AMOUNT] [$NUMBER DOLLAR AMOUNT], may be substituted if approved by the Institution prior to its submittal.



E.7. Competitive Procurements. If this Contract provides for reimbursement of the cost of goods, materials, supplies, equipment, or services, such procurements shall be made on a competitive basis, when practical.



E.8. Inventory/Equipment Control. [CHOOSE ONE]

The Contractor agrees to be responsible and accountable for the maintenance, management, and inventory of all property purchased totally or in part with funds provided under this Contract. The Contractor shall maintain a perpetual inventory system for all equipment purchased with funds provided under this Contract and shall submit an inventory control report with the required progress reports.



The Contractor shall notify the Institution, in writing, of any equipment loss describing reason(s) for the loss. Should the equipment be destroyed, lost, or stolen, the Contractor shall be responsible to the Institution for the pro rata amount of the residual value at the time of loss based upon the Institution's original contribution to the purchase price.



Upon completion or cancellation of this Contract, all equipment purchased with funds provided under this Contract shall be returned to the Institution.

[OR]

No equipment shall be purchased under this Contract.



E.9. Institution Furnished Property. The Contractor shall be responsible for the correct use, maintenance, and protection of all articles of nonexpendable, tangible, personal property furnished by the Institution for the Contractor-s temporary use under this Contract. Upon termination of this Contract, all property furnished shall be returned to the Institution in good order and condition as when received, reasonable use and wear thereof excepted. Should the property be destroyed, lost, or stolen, the Contractor shall be responsible to the Institution for the residual value of the property at the time of loss.



E.10. Contract Documents. Included in this Contract by reference are the following documents:

a. This Contract document and its attachments
b. The Request for Proposal and its associated amendments
c. The Contractor-s Proposal

In the event of a discrepancy or ambiguity regarding the interpretation of this Contract, these documents shall govern in order of precedence as listed above.



E.11. Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractor-s relationship with the Institution hereunder in commercial advertising in such a manner as to state or imply that the Contractor or the Contractor's services are endorsed.



E.12. Hold Harmless. The Contractor agrees to indemnify and hold harmless the Institution as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person (including Institution), firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys for the Institution in the event such service is necessitated to enforce the terms of this Contract or otherwise enforce the obligations of the Contractor to the Institution.



In the event of any such suit or claim, the Institution shall give the Contractor written notice of any such claim or suit, and the Contractor shall have full right and obligation to conduct the Contractor-s own defense thereof and shall provide all assistance required by the Institution in the Institution-s defense. Nothing contained herein shall be deemed to accord to the Contractor, through its attorney(s), the right to represent the Institution in any legal matter, such rights being governed by Tennessee Code Annotated, Section 8-6-106.



E.13. Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it and its principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or state department or agency;

b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or grant under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses listed in section b. of this certification; and

d. have not within a three (3) year period preceding this Contract had one or more public transactions (Federal, State, or Local) terminated for cause or default.



E.14. Prohibition on Hiring Illegal Immigrants. T.C.A. § 12-3-309 prohibits State entities from contracting to acquire goods or services from any person who knowingly utilize the service of illegal immigrants in the performance of a contract or who knowingly utilize the services of any subcontractor, if permitted under the contract, who will utilize the services of illegal immigrants in the performance of the contract. By signing this Contract, the Contactor attests, certifies, warrants, and assures that the Contractor shall not knowingly utilize the services of illegal immigrants in the performance of the Contract and will not knowingly utilize the services of any subcontractor, if permitted under the Contract, who will utilize the services of illegal immigrants in the performance of the Contract.



If Contractor is discovered to have breached the Attestation, the Commissioner of Finance and Administration shall declare that the Contractor shall be prohibited from contracting or submitting a bid to any Tennessee Board of Regents institution or any other state entity for a period of one (1) year from the date of discovery of the breach. Contractor may appeal the one (1) year by utilizing an appeals process in the Rules of Finance and Administration, Chapter 0620.



E.15. Red Flags and Identity Theft. (Include only if applicable) The Contractor shall have policies and procedures in place to detect relevant Red Flags, as that term is defined in Federal Trade Commission regulations, that may arise in the performance of the Contractor-s activities under the Contract or review the Institution-s Red Flags identity theft program and report any Red Flags to Institution.



E.16. Sales and Use Tax. The Contractor attests that it has registered with, or have received an exemption from, the Department of Revenue for the collection of Tennessee sales and use tax. This registration requirement is a material requirement of this Contract. The Contractor shall comply, and shall require any subcontractor to comply, with all laws and regulations governing the remittance of sales and use taxes on the sale of goods and services made by the Contractor, or the Contractor-s subcontractor.



E.17. Data Privacy and Security.

Data Privacy. "Personal Information" means information provided to Contractor by or at the direction of Institution, or to which access was provided to Contractor by or at the direction of Institution, in the course of Contractor's performance under this Contract that: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions and other personal identifiers.



Contractor represents and warrants that its collection, access, use, storage, disposal and disclosure of Personal Information complies with all applicable international, federal and state privacy and data protection laws, including without limitation, the Gramm-Leach-Bliley Act ("GLBA"); the Health Information Portability and Accountability Act ("HIPAA");the Family Educational Rights and Privacy Act ("FERPA") of 1974 (20 U.S.C.1232g), the FTC-s Red Flag Rules, as amended, together with regulations promulgated thereunder .



Some Personal Information provided by Institution to Contractor is subject to FERPA. Contractor acknowledges that its improper disclosure or re-disclosure of Personal Information covered by FERPA may, under certain circumstances, result in Contractor's exclusion from eligibility to contract with Customer for at least five (5) years and agrees to become a “school official” as defined in the applicable Federal Regulations for the purposes of this Contract.



With respect to any processing of personal data of persons located in, or personal data obtained from within, the European Union (EU), Contractor certifies that it will comply with all applicable laws or regulations related to acceptance, transmission, and/or storage of such personal data as defined by and in accordance with the EU-s General Data Protection Regulations (“GDPR”). Contractor will only act on the written instruction of the Institution and will assist the Institution in compliance with GDPR in relation to the security of processing, the notification of personal data breaches, data protection impact assessments, answering data subjects- requests, and allowing data subjects to exercise their rights under the GDPR. Contractor consents to audits and inspections as necessary to ensure compliance with these provisions.

Data Security. Contractor represents and warrants that Contractor will maintain compliance with the SSAE 16 standard, and shall undertake any audits and risk assessments Contractor deems necessary to maintain compliance with SSAE16.



Incident Response. "Security Incident" means any reasonably suspected breach of information security, unauthorized access to any System, server or database, or any other unauthorized access, use, or disclosure of Personal Information or Highly-Sensitive Personal Information occurring on Systems under Contractor's control. Contractor shall: (i) provide Institution with the name and contact information for an employee of Contractor who shall serve as Customer's primary security contact and shall be available to assist Customer twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a Security Incident; (ii) notify Institution of a Security Incident as soon as practicable, but no later than forty eight (48) hours after Contractor becomes aware of it, except where disclosure is prohibited by law; and (iii) notify Institution of any such Security Incident by email to IncidentResponse@tbr.edu with a copy by e-mail to Contractor's primary business contact at the Institution.



Contractor shall use best efforts to immediately mitigate or resolve any Security Incident, at Contractor's expense and in accordance with applicable privacy rights, laws, regulations and standards. Contractor shall reimburse Institution for actual costs incurred by Institution in responding to, and mitigating damages caused by, any Security Incident, including all costs of notice and/or remediation incurred under all applicable laws as a result of the Security Incident.



Return of Personal Information. At any time during the term of this Contract, at the Institution-s written request or upon the termination or expiration of this Contract, Contractor shall return to the Institution all copies, whether in written, electronic or other form or media, of Confidential, Highly-Sensitive, or Personal Information in its possession, or at Customer-s direction, securely dispose of all such copies.



The Contractor shall provide and retain timely, accurate, and comprehensive information such as records and reports that allow TBR to monitor risks. The inventory of reports should include SOC 1, SOC 2, and reports for data breaches.



E.18. Contractor Reporting. The Contractor shall assist with the Institution-s state and federal reporting requirements by providing, as requested, a quarterly report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, service-disabled veterans, and persons with disabilities. Such reports shall be provided to the Institution in form and substance as required by the Institution.



E.19. Iran Divestment Act. The requirements of Tenn. Code Ann. § 12-12-101 et.seq., addressing contracting with persons with investment activities in Iran, shall be a material provision of this Contract. The Contractor agrees, under penalty of perjury, that to the best of its knowledge and belief that it is not on the list created pursuant to Tenn. Code Ann. § 12-12-106.



E.20. Boycott of Israel. The Contractor certifies that is not currently engaged in and will not for the duration of the contract engage in, a boycott of Israel as defined by Tenn. Code Ann. § 12-4-119. This provision shall not apply to contracts with a total potential value of less than two hundred fifty thousand dollars ($250, 000) or to contractors with less than ten (10) employees.



E.21. Service and Software Accessibility Standards. The Contractor warrants and represents that the service and software, including any updates, provided to the Institution will meet the accessibility standards set forth in WCAG 2.0 AA (also known as ISO standard, ISO/IEC 40500:2012), EPub 3 and Section 508 of the Vocational Rehabilitation Act. To the extent that the products fail to meet the WCAG 2.0 AA, EPub 3 and Section 508 standards, the Contractor will provide Institution with a fully completed Accessibility Statement and Conformance and Remediation forms (Attachments 6.10 & 6.11). The Contractor shall indemnify and hold the Institution harmless in the event of claims arising from inaccessibility related to the Contractor-s product and/or services.



E.22. Click-Wrap Agreements. The Contractor agrees that click-wrap agreements shall not be binding upon the Institution. No employee has the actual or apparent authority to enter into click-wrap agreements on behalf of the Institution without the approval of the Institution-s Procurement and/or Contracts Office. No employee has the authority to modify, amend, or supplement this Contract through a click-wrap agreement. This Contract can only be modified, amended, or supplemented under these terms through a written amendment in accordance with the Institution-s and TBR-s procedures, policies, and guidelines.



E.23. Binding Contract. The Contractor fully understands that this Contract is not binding except and until all appropriate State officials' approvals and signatures have been obtained, and the fully executed document returned to the Contractor.








CONTRACTOR LEGAL ENTITY NAME:





__________________________________

Signature





__________________________________

Name and Title





__________________________________

Date

INSTITUTION LEGAL ENTITY NAME:





__________________________________

Signature





__________________________________

Name and Title





__________________________________

Date

























ATTACHMENT B



RFQ Requirements



A. Technical Requirements



A.1 Minimum Requirements:

1. LTI fully integrates with Brightspace by Desire2Learn LMS, including gradebook.

2. System should include similarity reports, grammar, spelling, style, mechanics, and usage checking.

3. Must be capable of similarity detection of student work submissions.

4. Must be able to check submissions against repository of students submitted university papers.

5. Source database must include web sources, research journals, electronic encyclopedias, textbooks, education and reference materials, published sources and student papers

6. Source databases must be continuously updated with content with a non- third-party web crawler.

7. Must provide reporting options such as restricting specific databases, exclusion of references and quoted materials and different reporting formats.

8. Must allow for instructor specification of plagiarism reporting feedback.

9. Must provide ability for instructors to mark up, make comments, grade, and provide feedback directly on student assignments.

10. System reporting capabilities must include:

1. Usage statistics available on an institution-wide basis, and a per- instructor basis

2. Number of classes

3. Number of assignments

4. Number of peer reviews

5. Number of graded assignments

6. Similarity percentages

7. Data can be exported to CSV or XLSX

11. Must provide at no additional cost the ability to retrieve all documents submitted by students to vendor.

12. Provide for single-sign-on via LMS

13. Support peer review

14. Must provide ability to permanently remove all documents submitted by a student upon request.

15. Must accept submissions of text via multiple file types. This will be the primary submission method of content that needs to be evaluated. The Vendor should also accept the following media formats: .RTF, .DOC, .DOCX, .DOT, .DOTX, .TXT, .HTM, .PDF, .XML, .XLSX, .XLS, and .CSV., .PPT, .PPTX, ODT, .ODP, .ODS.

16. The system must have the ability to capture the content of the files within the native application in which the content was produced.

17. Must be cloud based.

18. Must be compatible with commonly used browsers including Firefox, Internet Explorer, Edge, Chrome, and Safari.

19. Must support multiple languages including English, German, Spanish, French, Italian, Dutch, Polish, Portuguese, Russian, Romanian, Vietnamese, Turkish, Mandarin Chinese, Japanese, and Arabic.

TBR reserves the right to request a demonstration of the software of the lowest qualified Bidder, prior to finalization of any agreement, to ensure that the plagiarism detection software meets and/or exceeds the technical requirements as described in this attachment.



A.2 Customer Service Requirement:

1. Vendor must provide 24x7 support via email and telephone. Include Service Level Agreement regarding low, medium, and high-level problems and issues.

2. Vendor must describe the process for and frequency of system updates and upgrades. Vendor must notify end users of updates and upgrades via email, web site and direct contact from a sales and/or technical representative if necessary. Vendor must also have web page with current available status of services in real time. Vendor must make product roadmap and known issues available via web site and email notifications.

3. Vendor should describe available online training resources for administrators, support personnel and end users, including students.

4. Privacy, Security and Copyright data transmitted during plagiarism detection should be securely stored and should not be made available to third parties and is considered confidential. A content security and privacy policy should be included in this proposal.

5. The system must have the ability to store all Data transmitted during plagiarism detection in a safe and secure environment.

6. Bidder shall describe its long-term data preservation methodologies focusing on the mechanisms to ensure the long-term preservation and accessibility of customer data. Also, include Bidder-s established Recovery Time Objective (RTO) and Recovery Point Objective (RPO).

7. Bidder shall describe its data residency when it comes to customer data in the form of current data storage, backups, restores, and archives.

8. Bidder shall describe the portability of data as result of business closure, expiration or termination of the contract.

9. Bidder shall describe its infrastructure scalability to handle large volumes of data and their ability to accommodate growth over time. Infrastructure considerations should include factors such as server capacity, database performance, and data storage requirements.



B. Implementation & Training



1. Implementation: Bidder shall provide a complete description of the implementation plan for all participating institutions, including the project timeline, institutional tasks, institution resources (i.e., types of Institution personnel) required, etc.

2. Training: Bidder shall provide a complete description of the Bidder-s training services during the implementation process. The Institution will determine if in-person or remote training is desired.



C. Additional Products/Services

Bidder shall describe any related products/services available from the Bidder in addition to those required in this RFQ. The additional related products/services may be added to the contract before contract signing or during the term of the agreement, at the sole discretion of TBR. Bidder must fully describe the related products/services in its Technical Bid response.

Additional Products/Services shall not be scored. If Bidder is not quoting any additional products/services, it must state this in its Technical Response.



D. Cost Proposal Requirements:

The Institution requests pricing on the line items below based upon a tiered approach by FTE per Institution.

The Bidders costs for this RFQ must be addressed by line item, as follows:

1. Annual software license fee per Institution,

for Up to 2, 500 FTE

2. Annual software license fee per Institution,

for 2, 501 to 5, 000 FTE

3. Annual software license fee per Institution,

for 5, 001 to 10, 000 FTE

4. Annual software license fee per Institution,

For 10, 001 to 15, 000 FTE

5. Annual software license fee per Institution,

for 15, 001 to 20, 000 FTE

6. Annual Maintenance Costs

7. Implementation and Support Costs (inclusive of travel costs, if any)

8. Training costs remote

9. AI Content Detection (Indicate if option is available.

If so, input annual cost, if any.)

10. Other costs (if any)



D.1 Price Escalation:

Requests for price increases for services proposed in response to this RFQ may be requested by the Successful Proposer at the annual renewal period. It will be solely the Institution-s right to choose either to accept the price increase or cancel the item from the Contract. The Institution requires ninety (90) day notice prior to the anniversary renewal date of the Contract for any requested price increases. In no event shall the proposed price increase exceed the annual Consumer Price Index (CPI). Should the Institution feel that the price increase requests makes this Contract no longer cost effective for the Institution, the Institution shall cancel the Contract and conduct another competitive process.















































ATTACHMENT C



Note: The final contract rates to be added upon contract award.



Bidder-s Pricing Quotation

NOTICE TO BIDDER: This Bidder-s Quote MUST be completed EXACTLY as shown.

BIDDER NAME:



SIGNATURE & DATE:



NOTE:

Documents

 Tender Notice