REQUEST FOR PROPOSAL
[Insert Proposal Name]Procurement105 E.17TH Street, 2nd Floor, New York, NY 10003Phone: 212.998.1030, Fax: 212.995.3672The information contained in this Request for Proposal is proprietary and confidential and may not be duplicated, disclosed to third parties or used for any purpose not expressly authorized by New York University. Any unauthorized use, duplication or disclosure is prohibited by law and may result in prosecution.InvitationSummaryYou are hereby invited to submit a written proposal including associated costs for (INSERT DESCRIPTION) in accordance with the requirements set forth in this Request for Proposal document.Your proposal should be prepared in accordance with the requirements set forth in this Request for Proposal document. Please see Exhibit A for a full description.The services specified in this Request for Proposal reflect current anticipated needs of NYU and may be modified at any time and if modified, NYU may elect, in its sole discretion, to extend the response time to permit revisions to your proposal.IntroductionFounded in 1831, New York University is now one of the largest private universities in the United States. Of the more than 3,000 colleges and universities in America, New York University is one of only 60 member institutions of the distinguished Association of American Universities. Student enrollment has grown to more than 51,000 students attending 18 schools and colleges at five major centers in Manhattan and in sites in Africa, Asia, Europe, and South America. Today, students come from every state in the union and from 133 foreign countries.The center of NYU is its Washington Square campus in the heart of Greenwich Village. In addition to its Manhattan locations, NYU‘s School of Engineering in Brooklyn, the second oldest school of engineering and technology in the country.In addition to New York City, NYU has fully operational campuses in both Shanghai and Abu Dhabi and operates study away sites in the following locations: Ghana, Germany, Argentina, Italy, United Kingdom, Spain, France, Czech Republic, Australia, and Israel.RFP TimelineTaskDateRFP IssuedMonth, Day, YearSupplier Questions SubmittedMonth, Day, YearReponses to Questions Submitted to all suppliersMonth, Day, Year Suppliers Intent to BidMonth, Day, YearProposals Due Month, Day ,YearShortlist Developed and Reference Checks Month, Day, YearNegotiation and Contract AwardMonth, Day, YearDefinitions“NYU” or “University” shall refer to New York University, the issuer of this Request for Proposal. The “service provider”, ‘contractor”, “supplier” or “vendor” referred to in this Request for Proposal is the individual, company or organization submitting the proposal. This Request for Proposal will be referred to as the “RFP”.Background/OverviewBackground information specific to RFP. Describe existing program. What are the objectives/goals of program.Issuing Office and Key ContactNew York University’s Procurement is the Issuing Office for this RFP and any subsequent addenda relating to it. It is the sole point of contact regarding all procurement and contractual matters relating to the requirements described in the RFP. Procurement is the only office authorized to change, modify, or otherwise amend the specifications, terms and conditions of this RFP and any agreement(s) awarded as a result of this RFP. All questions or requests for information must be submitted in writing via email or mail to the Key Contact:Edie E. Peckl, Director of ProcurementNew York University Procurement105 East 17th Street, 2nd FloorNew York, NY 10003Phone: 212.998.1037Email: edie.peckl@nyu.eduSubmission of ProposalsDue DateAll proposals must be submitted to Procurement prior to [Insert Date] before 3 P.M. If you wish to request an extension to the Due Date, please make your request in writing to the Key Contact. NYU will decide, at its sole discretion, whether or not to grant an extension. Proposals delivered after this due date may not be considered.SubmittalAll proposals must be sealed and clearly marked on the front of the package and delivered to Procurement prior to the Due Date. Please provide one unbound original of all your submittal documents. In addition please email your submittal to the Key anization of ProposalProposals must be organized in the order presented in this RFP. Supplier shall respond to each and every item in this RFP, in sequence, and responses shall reference the corresponding item number.Retention of ProposalThe proposal shall become the property of NYU, and NYU may retain all copies of the proposals submitted.Alternative Proposal (optional)NYU is open to alternative proposals based upon the requirements specified in this RFP. Suppliers may comment, if deemed appropriate, on any aspect of the RFP including suggestions or possible alternative approaches to the coverage, definition, development and organization of the items presented in the Requirements section of this RFP.Selection ProcessNYU will conduct a comprehensive, fair and impartial evaluation of all submittals received in response to this RFP. NYU may appoint a selection committee to perform the evaluation. NYU may request additional information from Supplier at any time prior to final approval of a selected proposal. The selection committee will select the Supplier whose overall proposal is most advantageous to NYU.Each proposal will be reviewed to determine overall responsiveness and qualifications set forth in the RFP.Suppliers deemed to be competitive may be asked to present their proposals in person to the selection committee. NYU may select all, some or none of the Suppliers for interviews. NYU reserves the right to request a best and final offer beyond what is contained in proposal. Selection may be made based upon the initial submitted proposal, without any additional presentation or interview.Evaluation Criteria (think carefully about what your selection criteria is and do not limit yourself to the below)Experience of the supplier on projects, goods or services of similar scope.Project approach and technical proposal.Experience of key personnel on projects, goods or services of similar scope. Training and customer support.Cost Proposal.Responsiveness to this RFP and subsequent requests.Willingness to abide by NYU’s standard form agreements with few or no objections or changes.Final approval of a selected organization is subject to the determination of NYU in its sole discretion.General TermsTerm of AgreementThe term of the awarded agreement will be for XX year(s), commencing on mm/dd/yyyy and extending through mm/dd/yyyy, with an option to extend for an additional ____ year(s). NYU, at its sole discretion, will determine whether or not to exercise the option.AcceptanceThis RFP is not an offer to contract. Acceptance of the best proposal however, may result in relevant portions of the RFP becoming a part of the awarded agreement. Acceptance of a proposal neither commits NYU to award a contract to any supplier, even if all requirements stated in this RFP are met; nor limits NYU’s right to negotiate in its best interest. NYU reserves the right to contract with a supplier for reasons other than lowest price.Proposals must include costs for all elements requested in this RFP, including all pricing options prescribed. Please respond to all required elements of this RFP. Not meeting a qualification or requirement will not necessarily subject a proposal to disqualification.All materials/proposals submitted may be reviewed and evaluated by any person except for competitors, at the discretion of NYU, regardless of any statement contained within the Supplier’s proposal to the contrary. NYU has the right to use any or all concepts presented in any proposal. Selection or rejection of the proposal does not affect this rmation provided by NYU to the requesting supplier for the purpose of providing a response to this RFP is the property of NYU. Supplier shall not contact any employee, agent, consultant or representative of NYU, other than the NYU representatives designated in this RFP, in connection with this RFP.Proposal TermsThe Supplier agrees that its proposal (including costs) shall remain valid for no less than ninety (90) days from the RFP due date and shall, together with this RFP document, form the basis of any contract between NYU and the Supplier. The Supplier acknowledges that this RFP is not an offer by NYU. NYU is under no obligation to award a contract on the basis of this RFP.Reservation of RightsNYU reserves the right to accept one or more submittals or reject any or all submittals received in response to this RFP, and to waive informalities and irregularities in the proposals received. NYU also reserves the right to terminate this RFP, and reissue a subsequent solicitation, and/or remedy technical errors in the RFP process.Cost of ProposalThis RFP does not commit NYU to enter into a contract, award any services related to this RFP, nor does it obligate NYU to pay any costs incurred in preparation or submission of a response or in anticipation of a contract. All costs or expenses incurred by the Supplier that are associated with the preparation of the proposal, any pre-proposal conference or site visit, if any, or during any phase of the selection process, shall be borne solely by Supplier.The Supplier at its own cost and expense shall comply with all applicable federal, state and local laws, rules, regulations and orders relating to the performance of its services, and shall obtain, in its own name, all required governmental licenses and permits necessary for the operation of such services and to carry out the responsibilities under such licenses and permits.Contract DocumentsThe Supplier agrees to the terms set forth in this RFP, including without limitation, NYU’s Purchase Order Terms and Conditions (). To the extent that any provision of this RFP is inconsistent with or conflicts with the PO Terms or Broker’s service contract, such provision of this RFP shall control. In the event Broker does not accept any specific provisions of NYU’s terms, NYU reserves the right to disqualify and reject such proposal in its entirety, in NYU’s sole discretion.SubcontractorsThe Supplier may not utilize the services of a subcontractor, nor assign its rights or delegate its duties hereunder to anyone without prior written approval of NYU.Use of NYU’s NameThe Supplier shall not use the name, trade name, trademark, or any other designation of NYU, any school, college, division, department, or other unit of NYU, or any employee of NYU, or any contraction, abbreviation, adaptation, or simulation of any of the foregoing, in any advertisement or for any commercial or promotional purpose (including without limitation in any portfolio or on any website or similar forum) without NYU's prior written consent. This provision shall survive termination of this RFP.InsuranceNYU’s insurance requirements shall apply to the requirements of this RFP. Prior to award, the selected Supplier may be required to furnish evidence of insurance in accordance with the requirements set forth by NYU Insurance and Risk Management. NYU Insurance and Risk Management, at its sole discretion, will determine if Supplier’s insurance is acceptable. A sample certificate of insurance, containing minimum requirements, can be found at: . Equal Opportunity EmployerThe Supplier must represent that it is an equal opportunity employer as described in Section 202 of Executive Order 11246, dated September 24, 1965, as amended, and it must agree to comply with provisions of Paragraph 1 through 7 of Section 202 of said Executive Order during the performance of the agreement. The Supplier must represent that it is an affirmative action employer with regard to handicapped workers, disabled veterans, and veterans of the Vietnam era as described in Section 60-742.4 and 60-250.4 of the Code of Federal Regulations, and that it agrees to comply with the provisions of paragraphs (a) through (f) of Section 60.741.4 and paragraphs (a) through (m) of Section 60-250.4 during the performance of the agreement. Please include a copy of Supplier’s Equal Opportunity Employee statement.Non-ExclusivityNYU reserves the right to enter into or maintain contracts with other organizations that provide similar or identical services/erning LawThis RFP, all proposals submitted and any agreements entered into in connection therewith shall be governed by and constructed under the laws of the State of New York, County of New York applicable to agreements made and to be performed in the State of New York. The Supplier at its own cost and expense shall comply with all applicable federal, state and local laws, rules, regulations or orders relating to the performance of its services, and shall obtain, in its own name, all required licenses and permits for the operation of such services and to carry out the responsibilities under such licenses and permits. By submitting a proposal the Supplier certifies that it is not currently debarred, suspended, or proposed for debarment by any federal entity, including any employees or vendors with contractual relationships on the US Treasury Department’s Office of Foreign Assets Control Specially Designated National (SDN) List. The list can be found at the following URL: Supplier agrees to notify NYU of any change in this status, should one occur.Termination of AgreementThe agreement awarded in connection with this RFP may be terminated at any time by NYU in writing; with or without cause, by written notice to the Supplier not less than thirty (30) days before such termination is to become effective.ConfidentialityNYU considers the information contained in this RFP, which discloses information of a strategic and competitive nature, to be NYU’s confidential and proprietary information. Accordingly, the Supplier shall not disclose any information concerning this RFP or the existence of this RFP to anyone other than the Supplier's employees directly connected with this RFP who have a need to know and who have agreed to keep such information confidential. In addition, Supplier shall not use such information in any manner or for any purpose other than to respond to this RFP. Supplier shall make no news release, public announcement, denial or confirmation of any part of the subject matter of this RFP without the prior written approval of NYU.Restriction on Contact, Communication and Relationship of PrincipalAll contacts between Supplier and NYU, concerning this RFP in any respect, must be made through the Key Contact. Contact with other NYU personnel, except pursuant to express authority from the Key Contact, is in violation of this restriction and may serve to disqualify Supplier’s proposal.Supplier StatusThe relationship of Supplier to NYU is that of independent contractor solely and directly responsible for the mode, method, and manner of its activities. Under no circumstances, as a result of any agreement, shall Supplier or any employee, agent, or representative of Supplier be considered an employee, agent, or representative of NYU. Nothing contained herein or in any agreement shall create any agency, partnership, association, or joint venture between Supplier and NYU. Supplier shall have no right or authority to create any obligation or responsibility, express or implied, on behalf of or in the name of NYU, or to bind NYU contractually in any manner whatsoever, nor shall NYU have any such right or authority in relation to Supplier. Supplier will not make any representation, express or implied, that it is an agent or representative of NYU. Supplier shall be responsible for all employment matters relating to Supplier and Supplier’s employees, including but not limited to, payment of all federal, state, and local employment taxes, workers’ compensation and disability insurance coverage and other mandated employee benefits, as well as any non-obligatory fringe benefits. NYU shall not be liable for such Supplier liabilities or for any other debts, obligations, or other liabilities of Supplier.Procure-to-PayPayment Terms for all amounts shall be net 45 days. In the future, payment may be rendered via Procurement Card, at the time of purchase or, Supplier may be required use NYU’s automated payment portal to submit invoices. Invoices must be submitted electronically, no hard copies of invoices will be accepted by NYU, unless agreed to in advance by NYU.EXHIBIT A - SCOPE OF WORK(Discuss required services in a format that facilitates your evaluation and comparison of all supplier responses, including: functionality, technical requirements, expected service levels, hours of operation, required coverage, etc.)EXHIBIT B - SUBMITTAL REQUIREMENTS AND ORGANIZATION OF PROPOSALProposals should be prepared simply and economically, providing straightforward, concise descriptions of capabilities. Emphasis should be on completeness, brevity and clarity of content. Please respond to each section and reference your response. Proposals shall be in the following sequence:ProfileWhat is the name of your organization, and the name and address of the proposed contracting entity? Please list the name and address of your organization’s headquarters (if different from contracting entity) and list any additional names under which your organization conducts business in the United States and abroad.Please provide the last 2 years financials for your organization.List key personnel that will work on this project. Describe each team member’s position within your organization. Provide resumes of each proposed team member (not to exceed 1 page per person). Please describe any current or prior client relationship your organization has or have had with New York University.Please list three clients for whom your firm has recently provided services similar to the scope of work in this RFP that NYU could call upon as references. For each reference, include:Corporate Headquarters or School NameContact Name and TitleAddressEmail and Telephone NumberBrief description of services your organization is providing to customer, including the size and location of the transactionAverage annual billingLength of the agreement and termination dateDescribe your organization’s corporate responsibility and sustainability efforts.Describe all past and present lawsuits, legal actions, litigation, arbitration, termination, claims filed against your organization as a result of a contract dispute in the past 5 years. Describe resolution of such actions.Is your organization certified as M/W/DBE? If yes, please provide a copy of the certification documentation with this RFP.Declare any association or conflict of interest with NYU’s staff or consultants related to this RFP.Describe the performance indicators that your organization will use to measure service satisfaction. Examples of indicators may include turnaround time, account support and customer service.Provide examples of measurements currently used with other clients. Please include sample reports and/or surveys.Describe your organization’s electronic purchasing and invoicing capabilities.Scope of Work ApproachProvide a statement and discussion of the requirements as they are analyzed by your organization’s project team. Please include an outline of any risks involved in fulfilling the requirements of the Scope of Work (i.e. resources, goods, etc.)Provide an explanation of technical approaches and a detailed outline of the proposed program for executing the requirements and achieving the objectives of this RFP.Provide a detailed implementation plan that illustrates your Scope of Work schedule (such as a Gantt chart) that identifies the major tasks, milestones, deliverables, dependencies and timeframes required to implement the services described in this RFP. Include NYU’s responsibilities in this plan.Discuss any implementation issues that are relevant to this RFP.Describe potential options that your organization could utilize to migrate business away from existing vendors that will no longer be servicing NYU. Include examples from previous projects. [optional, if project requires transition from an existing supplier ]Technology Overview [optional, add if applicable]Provide information on your organization’s current technology and planned technology improvements. When are these improvements scheduled to be completed?Describe features of your organization’s technology that differentiate your organization from its competitors.Describe how often your organization has updated its hardware and software in the past 10 years.Explain the process for customers to obtain technical support. Include department name, contact, phone number, hours of operation and any other pertinent information.If applicable, provide the name of the company that implemented your organization’s electronic commerce platform.Describe other types of purchasing and invoicing programs your organization may have in place and the value of these processes.Software, Hardware, Capacity [optional, add if applicable]Provide detailed technical specifications of any hardware and software that your organization will be licensing to NYU. Include the requirements for hard-drive space and the operating platform.At what capacity are your organization’s current networks operating? If your organization is awarded NYU’s business, what percentage of your organization’s total capacity will NYU consume?Describe your organization’s systems’ redundancies.Alternative Proposal. Your organization may comment, if deemed appropriate, on any aspect of the RFP including suggestions or possible alternative approaches to the coverage, definition, development and organization of the items presented in Exhibit A.EXHIBIT C - COST FORMINSERT PRICING STRUCTURE – Or insert an Excel document with Cost format [Things to consider as you develop this section include:What pricing model do you require (based on volume, fixed pricing, tiered discounts, rebates, etc.)Include all relevant price components in the Pricing Structure in a format that will facilitate your evaluation/comparison]Name of Company:Address:Name (print):Title:Signature:Date:Email:Exhibit D - Procure-to-Pay (“P2P”) to the [name of Agreement (the “Agreement”) between [NYU] (“NYU”) and [Supplier] (“Supplier”) dated [date] (the “Supplier”).Use of P2P PlatformSupplier and NYU and (as applicable) its NYU Affiliates (which means any entity which directly or indirectly controls, is controlled by, or is under common control by NYU. "Control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. Notwithstanding the foregoing, “NYU Affiliate" also includes Polytechnic Institute of NYU, New York University in Abu Dhabi Corporation, on behalf of NYU's portal campus in Abu Dhabi, and NYU Shanghai, NYU's portal campus in Shanghai, and any entity, institute, center, national or international portal campus, facility, or program which is part of NYU's Global Network University, and all colleges, schools, departments and operating units, as described from time to time on NYU's website), intend to use NYU Procure-to-Pay Platform (the "P2P Platform") to facilitate the ordering and where applicable the invoice submission processes related to all or, as determined by NYU, a subset of products and/or services Supplier provides to NYU and its Affiliates under the Agreement (the “Purpose”). The terms of this Exhibit govern the use of the P2P Platform by Supplier for receiving orders and where applicable invoice submission for products and/or services pursuant to the Agreement. This Exhibit is supplemental to the Agreement and defined terms in the Agreement shall apply to this Exhibit unless otherwise provided. In the event of any inconsistency between the Agreement and this Exhibit, this Exhibit shall take precedence in relation to the P2P Platform and its use (including in respect of Electronic Orders and invoices as set out below) only. For the avoidance of doubt, and without limitation, this Exhibit shall not vary the pricing, charges or fees for products and/or services set out in the Agreement.This Exhibit define the P2P requirements (the “P2P Requirements”), by reference to an URL, to which Supplier must adhere. The P2P Requirements may be amended by NYU from time to time and NYU will give Supplier prior notice of any such amendments.Implementation Supplier agrees that it will, at its own expense:fully and accurately implement the P2P Requirements for the Purpose and maintain and operate its systems and interfaces required to operate on the P2P Platform (“Supplier Interface”) in compliance with the P2P Requirements at all times; andparticipate in all testing procedures and requirements related to the operation of the P2P Platform and the Supplier Interface during initial on-boarding to ensure milestones as defined in the Agreement are met, as well as subsequent updates or upgrades and/or, as the case may be, migration from the current P2P Platform to any future system as defined by NYU. If Supplier has access to the P2P Platform computer systems in connection with the Purpose (“NYU Interface”), Supplier must only use that NYU Interface for the Purpose and in the manner set out in the P2P Requirements. NYU and NYU Affiliates give no warranty express or implied as to the performance of the NYU Interface. In addition to its obligations under the Agreement, Supplier must maintain adequate and up-to-date anti-malware and IT security software and systems on all of its systems which connect to the NYU Interface, and must use its best endeavors not to interrupt or compromise the performance or security of the NYU Interface and NYU’s or any NYU Affiliate’s IT systems. In the event that Supplier encounters an error, malfunction or interruption of the NYU Interface it must notify NYU immediately and co-operate with NYU to identify the cause of and resolution for such error, malfunction or interruption. NYU may partially or fully withdraw, suspend or modify the NYU Interface at any time without cause or notice to Supplier. Supplier acknowledges the importance to NYU of the Milestones and therefore agrees that time shall be of the essence in respect of this section 2. Further, Supplier will indemnify and hold NYU and NYU Affiliates harmless from any costs, expenses or losses incurred by NYU or any NYU Affiliate resulting from any delay in or failure to meet and comply with the Milestones by or attributable to Supplier.For the avoidance of doubt, NYU may outsource the operation of the P2P Platform to a third party provider, which shall not affect the rights and obligations of either party under this Exhibit. E-CatalogueSupplier agrees to deliver to NYU or its appointed agent or provider, catalogue data as specified in the P2P Requirements or any subsequent update thereof (“e-Catalogue”). Supplier will establish measures to continuously monitor and ensure the quality of the e-Catalogue and acknowledges the importance of such on-going quality assurance to the proper performance of the P2P Platform. Supplier shall comply with any reasonable quality metric or service level imposed by NYU from time to time. Supplier grants to NYU, NYU Affiliates and its and their officers, employees, agents, suppliers, contractors, representatives and advisors, a non-exclusive, royalty-free, perpetual (subject to section REF _Ref291169903 \r \h \* MERGEFORMAT 5 below) irrevocable, worldwide license to use, copy, alter, store, process, modify and create derived data from the e-Catalogue for or in connection with the Purpose. Supplier warrants and represents to NYU and NYU Affiliates that:use or possession by NYU or the NYU Affiliates of the e-Catalogue shall not subject NYU or NYU Affiliates to any claim for infringement of any Intellectual Property Rights of any third party; and the e-Catalogue (excluding the P2P Requirements) will be either (A) original works of authorship of Supplier or those acting on its behalf; or (B) licensed to Supplier with full right and authority to sub-license in accordance with the provisions of this Exhibit.Ordering and InvoicingNYU or (where applicable under the Agreement) NYU Affiliates may transmit orders (“Electronic Orders”) for the defined goods and/or services as per the e-Catalogue or other goods and services as permitted by NYU from time to time via the P2P Platform in the format as defined by and otherwise in accordance with the P2P Requirements. An Electronic Order from NYU or a NYU Affiliate shall be deemed to have been given when it is dispatched to Supplier’s Interface. Electronic Orders shall be subject to the terms of the Agreement. Supplier where required by NYU will transmit invoices for Electronic Orders via the P2P Platform in the format as defined by and otherwise in accordance with the P2P Requirements. Invoices relating to Electronic Orders must be fully compliant with the P2P Requirements. If a particular invoice is not in compliance with the P2P Requirements, NYU is entitled to reject such invoice without penalty. TerminationNYU may terminate this Exhibit at any time on written notice to the Supplier. Following termination of this Exhibit or the Agreement (or as the case may be any agreed exit plan following termination during which this Exhibit shall to continue to have effect unless NYU notifies its explicit contrary intention to Supplier): Supplier will immediately cease to use the P2P Platform; Supplier will immediately destroy all copies of the P2P Requirements and any computer software connected to the Purpose except as required to be retained for legal, regulatory and/or audit requirements, and as part of its back-up and disaster recovery procedures; and the license specified in paragraph 3.2 above will expire and NYU and the NYU Affiliates will discontinue making active use of the Catalogue Data. NYU and NYU Affiliates may continue to retain and use the Catalogue Data for legal, regulatory and/or audit requirements, and as part of its back-up and disaster recovery procedures.MiscellaneousFor the avoidance of doubt, Catalogue Data and any other data transmitted via the P2P Platform will be considered Confidential Information pursuant to the Agreement.Supplier acknowledges that P2P is the preferred order channel for orders under the Agreement. Accordingly, where Supplier receives an order under the Agreement which is not via the P2P Platform or otherwise in accordance with this Exhibit, Supplier undertakes to notify NYU promptly. ................
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