University of California, BerkeleyDATE: 10/08/99RFP NUMBER: KM001THIS IS NOT AN ORDER

REQUEST FOR PROPOSAL (RFP)CUSTOMIZED HELP DESK SERVICES

It is the Vendor’s responsibility to read the entire document and to comply with all requirements listed herein.

All submittals must be received on or before 5:00 p.m. Pacific Time on November 3, 1999.Return _4_ printed copies (one of which must be stamped “Original” and contain an original signature) and one diskette copy(Microsoft Word Version 97 or 98) to the Business Contact listed below:

Business contact: Cheryl Klos-Montalbano Technical Contact: Connie WilliamsSystems & Technology Information Resources & CommunicationsUniversity of California, Berkeley UCOP 1111 Franklin Street, #73196701 San Pablo Ave., Ste. 218 MC5600 Oakland, CA 94607Oakland, CA 94608-5600 Phone: 510-987-0402Phone: 510-642-0332; fax 510-642-8604 Fax: 510-763-9047

Faxed Submittals Will Not be Accepted

Late Submittals Will Not be Accepted

*****This document is being sent as a hard copy and on diskette.*****

Respondent Identification

This Proposal presents _________________ response to RFP ____ published by the University ofCompany Name

California for the ____. As _______________ of ______________________________Title Company Name

I have the authority and herewith bind my Corporation to the offer presented here.

______________________________ ______________________________SIGNATURE TYPED NAME

______________________________ ______________________________TITLE COMPANY NAME

______________________________ ______________________________DATE ADDRESS

______________________________ ______________________________PHONE AND FAX NUMBERS E-MAIL

2

TABLE OF CONTENTS

I INTRODUCTIONA. STATEMENT OF PURPOSE…………………………………………………….3B. RFP SCHEDULE AND DEADLINES……………………………………………3C. RFP DEFINITION OF TERMS…………………………………………………..3

II. SCOPE OF REQUEST FOR PROPOSALS………………………………………………4A. BACKGROUND……………………………………………………………………4B. SYSTEMWIDE HELP DESK……………………………………………………..5C. RELATIONSHIP MANAGER…………………………………………………….5D. USER POPULATION………………………………………………………………5E. TECHNICAL ENVIRONMENT…………………………………………………..5

III. INITIAL APPLICATIONS SUPPORTED BY HELP DESK……………………………6A. PERSONAL INFORMATION UPDATES……………………………………….6B. PIN CHANGE/RESET…………………………………………………………….6C. ESS USER PROFILE………………………………………………………………6D. W-4…………………………………………………………………………………..7

IV. SCOPE OF SERVICES DESIRED………………………………………………………..7A. PROBLEM REPORTING METHODS………………………………………….7B. HOURS OF OPERATION………………………………………………………..7C. TYPES OF PROBLEMS TO BE HANDLED BY VENDOR…………………..8D. PRIORITIZATION OF PROBLEM REPORTS………………………………..8E. PROCESS FOR PROBLEM ESCALATION……………………………………8F. TYPES OF PROBLEMS TO BE REFERRED TO UC…………………………9G. INCIDENT TRACKING…………………………………………………………..9

V. APPLICATIONS FOR POTENTIAL SUPPORT………………………………………..9A. PATHWAYS - UNDERGRADUATE APPLICATION………………………...10B. PATHWAYS - FAFSA SUBMITTAL…………………………………………...11C. TRA - TAXPAYER RELIEF ACT) REPORTING…………………………….11

VI. SERVICE EXPECTATIONS……………………………………………………………..12A. TRAINING ON UC-SPECIFIC FUNCTIONALITY…………………………..12B. PERSONNEL QUALIFICATIONS……………………………………………..12C. ACCEPTABLE INITIAL RESPONSE TIMES (REGULAR HOURS)………12D. ACCEPTABLE INITIAL RESPONSE TIMES (OFF HOURS)………………13E. ACCEPTABLE FOLLOW-UP TIMES…………………………………………14F. PROBLEM RESOLUTION GOALS……………………………………………14G. QUALITY OF RESPONSES…………………………………………………….14H. SECURITY AND CONFIDENTIALITY OF INFORMATION………………15I. SECURITY OF FACILITIES……………………………………………………15

VII. PERFORMANCE MEASUREMENT……………………………………………………15A. PERFORMANCE OVERSIGHT………………………………………………...16B. SERVICE LEVEL AGREEMENTS (SLAs)…………………………………….16C. AD HOC REPORTING AND FEEDBACK……………………………………..16D. CUSTOMER SATISFACTION…………………………………………………..16

3

VIII. RESPONSE FORMAT…………………………………………………………………….16A. COSTS – INITIAL SET OF APPLICATIONS………………………………….17B. COSTS – APPLICATIONS FOR POTENTIAL FUTURE SUPPORT………..18C. OTHER INFORMATION REQUESTED………………………………………..18

IX. GENERAL REQUIREMENTS, TERMS AND CONDITIONS……………………….…19A. PERIOD OF CONTRACT…………………………………………………………19B. PRICING………………….…………………………………………………………20C. PAYMENT SCHEDULE AND INVOICING………………………………….….20D. MISCELLANEOUS………………………………………………………….….20-23E.

X. INSTRUCTIONS TO BIDDERS…………………………………………………………...23A. CONTACTS WITH UNIVERSITY MANAGEMENT…………………………..24B. BIDDER’S CONFERENCE………………………………………………………..24C. REPONSIVE PROPOSAL…………………………………………………………24D. AUTHORIZED PROPOSAL ……………………………………………………...24E. PROPOSAL ACCEPTANCE PERIOD …………………………………………..24F. VENDOR’S WITHDRAWAL, MODIFICATION AND RESUBMISSION OF

PROPOSAL ………………………………………………………………………...24G. UNIVERSITY’S AMENDMENTS TO RFP ……………………………………..24H. REJECTION OF PROPOSALS …………………………………………………..25I. CAUTION TO RESPONDENTS ………………………………………………….25J. COSTS OF PROPOSAL …………………………………………………………...25K. LOW BALL SUBMITTALS………………………………………………...……..25L. BID PROTEST ……………………………………………………………………..25M. PENALTY FOR COLLUSION …………………………………………………...26N. AWARD SELECTIONS …………………………………………………………..26

X1. BASIS OF AWARD…………………………………………………………………………26

XII. PROPOSAL FORMAT……………………………………………………………………..27A. STYLE OF RESPONSE……………………………………………………………27B. PROPOSAL FORMAT…………………………………………………………….27C. TABLE OF CONTENTS…………………………………………………………...27D. SUBMITTAL COPIES……………………………………………………………..27E. SIGNATURE OF RESPONSIBLE INDIVIDUAL………….……………………27

XIII. REQUIRED SUBMITTALS………………………………………………………………..27A. NOTICE OF INTENT TO RESPOND……………………………………………28B. BIDDER COVER PAGE (IN FORMAT PROVIDED BY UNIVERSITY)…….28C. PROPOSED SOLUTION…………………………………………………………..28D. COST WORKSHEETS…………………………………………………………….28E. RFP EXCEPTIONS………………………………………………………………...28F. DEVIATIONS BETWEEN PROPOSAL AND RFP REQUIREMENTS………29G. AGREEMENTS TO BE INCORPORATED……………………………………..29

4

I. Introduction

A. STATEMENT OF PURPOSE

The University of California (UC) System consists of nine campuses throughout the State and

an administrative headquarters located in Oakland. The administrative headquarters, the UC

Office of the President (UCOP) seeks proposals from qualified vendors to perform Help Desk

services on an outsource basis. This RFP is being issued to solicit bids on Help Desk services

for several new applications being piloted in fall 1999 and expected to go into production the

second week of January 2000. End-user support is sought for troubleshooting associated with

the use of specific custom applications, rather than general "desktop" user support. The initial

systems for which Help Desk services are needed are World Wide Web-based and are accessed

by means of a browser.

B. RFP SCHEDULE AND DEADLINES

Date Event

Friday, October 8, 1999, 10:00 a.m. RFP Fed Ex’d to Vendors

Wednesday, October 20, 1999, 4 p.m. RSVP for bidder’s conference

Monday, October 25, 1999, 1:00 p.m. Bidder’s Conference

Thursday, October 28, 1999, 5:00 p.m. Deadline for Changes to RFP

Wednesday, November 3, 1999, 5:00 p.m. RFP Closing date, Proposals due

The following dates are estimated:

Friday, November 19, 1999 Bid Evaluation

Friday, December 17, 1999 Contract Negotiations

Friday, December 31, 1999 Contract Award

C. RFP DEFINITION OF TERMS

1. Business Terms

Bidder — The firm, partnership, corporation or sole proprietorship submitting a Proposal inresponse to this RFP.

Contract — The legally binding agreement between The Regents of the University ofCalifornia and the successful Bidder pursuant to this RFP.

Contractor — Same as “Vendor.”

Day — A calendar day unless specified otherwise.

Finalist — A Bidder selected for further screening following evaluation of their initialProposal.

5

May (verb) — When used to describe a commitment or element of performance by theBidder, or any part of the System, this verb means that the item is desirable but notrequired. (Not a capitalized term.)

Must (verb) — When used to describe a commitment or element of performance by theBidder, or any part of the System, this verb means that the item is required. (Not acapitalized term.)

Proposal — The written response to this RFP received from a Bidder.

Proprietary Information — Information that the Bidder desires to protect from disclosure toor competitive use by third parties, which has been designated as such in writing bythe Bidder, or is disclosed orally and is so designated on a written version of the oraldisclosure within thirty (30) days thereafter.

Reference Number — A number (or string of letters) assigned by the University to identifythis RFP and appearing on the cover page of the RFP.

RFP — The Request for Proposal contained in this document.

Shall — When used to describe a commitment or element of performance by the Bidder, orany part of the System, this verb means that the requirement must be fully met in theBidder’s Proposal. (Not a capitalized term.)

Should — When used to describe a commitment or element of performance by the Bidder,or any part of the System, this verb means that the requirement is expected to befulfilled in the Bidder’s Proposal, but might need to be adjusted in the Contract toachieve a feasible result. (Not a capitalized term.)

UC – University of California, or the 9-campus system and headquarters (UCOP).

University — The Regents of the University of California on behalf of the University ofCalifornia, Berkeley.

Vendor — A Bidder with which the University establishes a Contract on the basis of aProposal. A Vendor is defined to include any suppliers or subcontractors used by theVendor to fulfill the Contract.

Work — All obligations, duties, requirements, specifications, and responsibilities needed forthe successful completion of the Contract by the Vendor, including the furnishing ofall services as required by the Contract.

II. Scope of Request for Proposals (RFP)

A. BACKGROUND

The UC system is a diverse environment consisting of nine autonomous campuses, four

medical centers, ten agricultural research and extension centers, function (UCOP) located in

Oakland, (housed in three locations) and many additional outlying offices throughout the state.

The individual locations are quite independent: while certain functions may be performed

centrally for the entire University, many decisions are made locally, at the campus level.

6

B. SYSTEMWIDE HELP DESK

This effort would be UC’s first Help Desk Venture serving a University-wide population. It is

hoped that after experience with the set of initial applications for which support is sought,

more services might be added to the Help Desk portfolio. Thus this RFP outlines several other

applications that are candidates for future support. Vendors are asked to structure their bids so

as to provide a separate quotation on the initial applications alone and also to account for the

possibility of the subsequent addition to the agreement of services associated with one or more

of the potential applications

C. RELATIONSHIP MANAGER

There will be a relationship manager at UCOP to serve as the business point-of contact for the

successful vendor. Depending upon the application for which support is being provided, there

may also be different functional or technical points-of-contact within UCOP, due to the

decentralized nature of operations.

D. USER POPULATION

Initially, the user population would be composed of a subset of approximately 100,000 UC

employees across the state accessing several UC-developed systems under the Employee

Systems Initiative (ESI). In the longer term, UCOP is interested in consolidating under the

auspices of the successful vendor the Help Desk functions for a number of other applications.

The user base has the potential for growth of 300-400% over the contract life (anticipated to

be 3 years). Technical proficiency of the initial user population of approximately 100,000

employees runs the gamut from beginners to experts. Over 70% of employees could be

considered "knowledge workers" having some familiarity with the Internet.

E. TECHNICAL ENVIRONMENT

Desktop environments used to access the target systems may be IBM PC/clone (Windows 95,

98, or NT) or Macintosh (OS 8.x and higher), utilizing Netscape Navigator or Microsoft

Internet Explorer versions 3.x and above. For the most part, the applications will be accessed

from employees' work locations via high-speed Internet connections and from home via ISP

connections at various speeds (dial up, ISDN, DSL). However, traveling employees, as well as

some outlying offices, may access the Internet via ISPs over phone lines and slow speed

modems.

III. Initial Applications Supported by Help Desk

7

The initial set of applications for which end user Help Desk support is needed consists of various

Employee Self Service (ESS) applications. The user base of 100,000 employees will access the

applications via the Web. It should be noted that the new applications will not eliminate existing update

and inquiry means. Therefore, usage will initially be small and grow over time. (Please note that UC is

not asking for Help Desk support for the current paper- and telephone-based update/inquiry means.)

Prototypes for some or all of the initial applications for support will be demonstrated at the Bidder’s

Conference on October 25, 1999, 1:00 p.m. (See Section X for details.)

A. PERSONAL INFORMATION UPDATES

1. Employees will be using the Web to submit changes to personal information the

University maintains on them, such as name, home address, and home telephone number.

2. Schedule - This service will be available beginning the second week in January 2000.

B. PIN CHANGE/RESET

The ESS application and other employee benefits processes require a Personal Identification

Number (PIN) for successful access.

1. Employees having trouble changing their PIN via the provided Web utility, or who are

unable to access the systems they desire because of an invalid PIN (forgotten, lost, mis-

entered) will call the Help Desk for assistance.

2. Employees will be using the Web to submit changes to personal information the

University maintains on them, such as name, home address, and home telephone number.

3. Variations from the standard service level requirements: Invalid PIN assistance will only

be available by telephone.

4. The vendor will be expected to access confidential UC data, via the Web, in order to

verify the identities of employees needing their PINs to be reset.

5. Schedule - This service will be available beginning the second week in January 2000.

C. ESS USER PROFILE

1. Employees will access a Web page and enter their User Profile for the suite of ESS

applications.

2. Schedule - This service will be available beginning the second week in January 2000.

D. W-4

1. Current UC employees will be able to change their federal income tax exemptions (Form

W-4) over the Web

2. Schedule - This service is expected to be available beginning in March 2000.

8

IV. Scope of Services Desired

Unless otherwise noted, all applications supported by the Help Desk will require the service levels and

methods described below.

A. PROBLEM REPORTING METHODS

1. Telephone help line

a. Users will have the option of reporting problems with any of the supported systems

by means of a toll-free Help Desk line.

b. The toll-free area is to extend throughout the state of California

c. U.S. coverage will be provided if not cost-prohibitive

2. Voicemail reporting

a. Users should be able to leave a voicemail problem report if they are put on hold

during staffed hours and

b. During non-staffed hours.

3. Electronic mail reporting

a. Users will have the option of reporting problems with any of the supported systems

by means of electronic mail.

b. Electronic mail will be addressed to the Help Desk contractor.

4. Other problem reporting methods - UCOP will entertain vendor suggestions for other

methods of problem reporting, to supplement telephone and electronic mail reporting by

users, e.g.:

a. Web-based problem report forms

b. Self-help "knowledge bases"

5. Requirements for speech or hearing impaired users - In some instances, electronic mail

reporting of problems either may not be available, or is not an option (e.g., PIN

assistance). In order to support those users unable to use the telephone alternative, the

Help Desk contractor must:

a. Demonstrate the ability to interact effectively with the California Relay Service.

b. Alternatively, vendors may supply their own TTY/TDD capacity.

B. HOURS OF OPERATION - HELP DESK SUPPORT TO BE AVAILABLE

1. Monday - Friday 6:00 a.m. - 11:00 p.m.,

2. Saturday and Sunday from 9:00 a.m. - 5:00 p.m.,

3. For both electronic mail and telephone inquiries

4. All times stated are Pacific Time

5. Voicemail problem reporting should be available during non-staffed hours

9

6. Holidays - At present, UC does not observe Columbus Day and Veterans Day.

7. Ideally,UC would like year-round Help Desk coverage on schedules stated in Section

IV.B.

C. TYPES OF PROBLEMS TO BE HANDLED BY VENDOR

Help Desk staff will represent themselves as part of UC. They are not expected to interpret UC

policies, nor is this desired. Some general types of questions they are expected to handle

include:

1. Access - Users having problems accessing the application or service

2. Operation - Users having questions as to when the updates they enter will be reflected in

UC systems.

3. Functionality - Users who do not understand how to work the application.

4. Bug and Outage Reporting - When the application is not working correctly or it crashes.

D. PRIORITIZATION OF PROBLEM REPORTS

(Each problem report should be assigned a priority level based on its severity.)

1. Priority 1 - Widespread problems affecting either:

a. multiple users at one or more locations;

b. multiple systems; or

c. multiple users of one system.

2. Priority 2 –

a. Single user accessing from work location: (must be carefully assessed, as they may be

indicative of a more widespread problem.)

b. Single users accessing from their home locations when business-driven deadlines are

at hand; for example, the problem has arisen the day before a critical payroll deadline.

3. Priority 3 – Single user accessing from home location.

E. PROCESS FOR PROBLEM ESCALATION

1. Vendor must have a clearly articulated procedure for escalating problems through an

internal chain-of-command.

2. Conditions which can trigger escalation are when target response or resolution times are

not met. (see Section: VI)

10

F. TYPES OF PROBLEMS TO BE REFERRED TO UC

1. UC will provide vendor with detailed guidelines for each functional area on:

a. types of problems the vendor is expected to handle

b. prioritizing problems

2. Policy Interpretation

a. Help desk staff are not permitted to interpret UC policies, however,

b. They must have a working familiarity with the subject matter of each application

3. Procedures for referral

a. A UC point-of-contact will be identified for each functional area or application

b. Back-up staff will be identified for each functional area or application

c. Referrals will take the form of electronic mail or telephone calls, (depending on the

severity of the problem.)

G. INCIDENT TRACKING

1. Vendor must have technology in place to track each incident reported from beginning to

resolution

2. Vendor should provide Real-time UC access to problem report logs

a. UCOP needs to have read/write access to the problem tracking system in order to:

1.) update or close out problems that have been referred from the Help Desk,

2.) check the status of ongoing issues.

3. Problem analysis - Vendor should provide tools and methodologies to analyze patterns of

problem reports documented in the tracking system, for management review at UCOP.

4. Content and feedback

a. UC views Help Desk data as an opportunity to:

1) Learn from users' problems and

2) Improve the applications.

b. As such, problem reports must contain sufficient detail so as to:

1) Identify the locations or functions where users are having trouble

2) Bring trends to the attention of UCOP management as soon as possible.

V. Applications for Potential Future Support

Contingent on the successful vendor's performance, UCOP may wish to secure outsourced Help Desk

services for other applications that are either existing or in the process of development. In several

instances, user support services are already being provided by outside contractors. From the standpoint

of UCOP's coordination efforts it may be desirable to consolidate the provision of all such services

under one contract, assuming the vendor offers favorable financial terms that reflect volume

discounting.

11

At present, the following applications are seen as candidates for support. Through the life of the

agreement, other applications and services may be revealed as potential additions to the Help Desk

portfolio.

A. PATHWAYS - UNDERGRADUATE APPLICATION FOR ADMISSION

AND SCHOLARSHIPS

1. Description of System - UC Pathways is a Web-based system where prospective

applicants for undergraduate admission to one or more of UC's eight general campuses

may initiate, edit, complete and submit their application.

a. Typically, applications for Fall admission will be accepted during the month of

November the prior year, and

b. The Pathways environment will be available beginning the prior September.

c. Applicants for Winter Quarter admission have a similar three-month window of

opportunity beginning in May of the prior year, with applications accepted throughout

the month of July.

d. A small number of applicants may apply for Spring quarter, beginning in August of

the prior year and extending through the month of October.

e. Prospective applicants may apply for scholarships using the Pathways system.

2. Description of System User population

a. Users may reside anywhere in the world, although

b. Approximately 73% of those who submit applications using Pathways are from the

state of California,

c. 22% are from other locations in the United States, and

d. Another 5% from locations outside the United States.

e. Currently approximately 25,000 prospective applicants use the system for the Fall

admission cycle and almost half of those follow through with a submitted application.

3. Variations from the standard service level requirements

a. Help Desk services would only be needed during the three-month period of operation

for a given semester/quarter application cycle.

b. Currently only the Fall (September through November) application cycle is active

within the Pathways environment.

c. During the five days preceding the application deadline (i.e., the last day of the three-

month period of operation), 6:00 a.m. - 11:00 p.m. coverage would be required even

if some of the five days fall on weekends or holidays.

12

4. Expected volume of problem reports - Based upon several years' experience, UCOP

estimates there will be approximately 8,000 Help Desk inquiries throughout the fall

application period.

5. Projected date to add to outsourced Help Desk - The Pathways application system might

be added to the Help Desk portfolio in time for the Fall 2001 admission cycle (i.e., in

September 2000).

B. PATHWAYS - FAFSA SUBMITTAL

1. UC Pathways is scheduled to provide a new Web-based system where students can pre-

populate the U.S. Department of Education's Free Application for Federal Student Aid

(FAFSA) for submission to the Department of Education's Web site. Most of the

application activity occurs between January 1 and March 31 for the academic year

beginning the next Fall.

2. User population - It is expected that usage would mirror the volumes experienced with the

Pathways Undergraduate Application for Admission and Scholarship described in Section

V.A.2.

3. Expected volume of problem reports - It is difficult to predict how many users will

encounter problems, since this is a new endeavor.

C. TRA (TAXPAYER RELIEF ACT REPORTING)

The Taxpayer Relief Act of 1997 mandated certain reporting requirements connected with the

Hope Scholarship and Lifetime Learning Tax Credits.

• Higher education institutions are required to mail a 1098-T to all students who have

paid fees in a given tax year, and to provide a telephone number where students may

call with their questions.

• These 1098-Ts must be mailed to students by January 31st of the following year.

• Final reporting regulations have not yet been issued by the IRS, but may ultimately

include requirements to provide 1098-Ts to certified taxpayers claiming students

who have paid fees to the University as dependents, as well as report summary

information regarding categories of financial amounts for each student reported.

• Additionally, the University has opted to include a “supplemental notice” with each

1098-T which classifies and displays the relevant financial transactions for each

student for the reporting period.

• Currently, all services associated with this reporting are performed for UC by an

outside party.

• End user (student/parent) access to the data is not available at this time but is planned

13

1. Description of system - A Web-based system will allow students and/or their certified

taxpayers to provide disclosure authorizations and to enter and retrieve taxpayer

information [directly to a third party that maintains UC's TRA data]

2. Variations from the standard service level requirements - - In addition to the standard

range of end user questions from students submitting information over the Web, the Help

Desk would be asked to answer inquiries and requests for copies from recipients of the

1098-T. For these queries, the vendor would directly access the system.

3. User population - - During Tax Year 1998 (a year that afforded a large number of

“exceptions” to the reporting rules), the University mailed more than 300,000 1098-Ts and

Supplemental Notices to students.

4. Expected volume of problem reports:

a. Approximately 1% of the Tax Year 1998 1098-T recipients obtained a PIN to enable

them to view secured student-specific information from the Web site.

b. Calls into the Customer Service Center averaged 280 per week during the seven-week

“peak” period.

c. We anticipate this volume may increase at whatever point the regulations might

require the University to also report financial amounts to the IRS.

5. Projected date to add to outsourced Help Desk - - The TRA Reporting Help Desk function

might be added to the Help Desk portfolio by July 2001.

VI. Service Expectations

A. TRAINING ON UC-SPECIFIC FUNCTIONALITY

All Help Desk staff and supervisors involved in responding to UC problem reports are to be

dedicated to the function and trained on the UC-specific aspects of each system for which Help

Desk support is contracted. They will need to be available for training to take place in

Oakland.

1. Responsibility - Training on UC-specific functionality will be provided by the University

B PERSONNEL QUALIFICATIONS

1. Help Desk staff and supervisors - In addition to application-specific training discussed

above, Help Desk staff must have up-to-date training on the operating systems (Mac 8.x or

higher and Windows 95/98/NT) and browsers (Netscape Navigator and Microsoft Internet

14

Explorer versions 3.x and above) that end users are likely to be utilizing. They must also

demonstrate excellent customer service skills.

a. Ongoing training - The vendor's training strategy should include employee career

development components.

b. Responsibilities - Training aimed at maintaining and updating the necessary Help

Desk skills, and at career development, is the responsibility of the vendor.

2. An experienced Account Manager must be assigned to UCOP and that individual:

a. must be available during standard business hours via telephone and email

b. must be able to be reached in cases of emergency off-hours via a pager or other

reliable method

c. must have a specified individual to serve as backup during vacations and at other

times when the Manager cannot be reached.

3. UCOP right of approval - UCOP will retain the right to approve or disapprove

appointment of the Account Manager and other key personnel assigned to its account.

C. ACCEPTABLE INITIAL RESPONSE TIMES - PROBLEM REPORTS

RECEIVED DURING REGULAR HOURS OF OPERATION

1. Telephone

a. Calls are to be answered by a Help Desk staff member within 2 minutes.

b. Calls not answered by Help Desk after 3 rings should ring through to a voice greeting

and enter the queue for Help Desk staff to answer.

2. Voicemail

a. Callers put on hold must be given the opportunity to leave a voicemail message

requesting a callback.

b. Problem reports left by callers put on hold should, at a minimum, receive an

acknowledgement within 1 hour.

3. Abandonment

a. Measures must be in place to:

1.) minimize call abandonment (when users who are put on hold abandon their call

rather than continue to wait) and

2.) adjust staffing levels accordingly.

4. Electronic Mail - Problem reports received via email should, at a minimum, receive an

acknowledgement within 1 hour.

D. ACCEPTABLE INITIAL RESPONSE TIMES - PROBLEM REPORTS

RECEIVED OUTSIDE REGULAR HOURS OF OPERATION

15

1. Messages (voice or email) left during non-staffed hours are to be promptly evaluated and

prioritized at the start of the next staffing period

2. Priority 1 and 2 problems should, at a minimum, receive an acknowledgement within the

first hour of the staffing period and

3. Priority 3 problems should, at a minimum, receive an acknowledgement within the first

two hours of the staffing period

E ACCEPTABLE FOLLOW-UP TIMES

1. Users whose problems are not resolved in the course of the first contact must receive an

update via telephone or email no later than the next day for Priority 3,

2. No later than 12 hours via telephone or email for Priority 1 and 2 problems.

3. If telephone is the only means of contact with the user, follow-up calls are to be placed

between the hours of 9:00 a.m. and 9:00 p.m. and thus may extend the time frame for

responses to the following day.

F. PROBLEM RESOLUTION GOALS –

Goals for problem resolution are: Priority 1 problems, within 1/2 hour of receipt; Priority 2

problems, within 1 hour of receipt; and Priority 3 in less than 24 hours. In the case of reports

received during non-staffed hours, the beginning of the next staffing period is considered to be

the time of receipt. Problems outside the scope of those the vendor is expected to handle do not

count toward the problem resolution goals, however they must be identified as such and

referred to UCOP as described in Section VI. F.1.

1. Referrals to UCOP point-of-contact

a. Problem reports that are outside the scope of the vendor's contract (i.e. policy

questions) in all three Priority categories should be identified as such and referred to

UCOP no later than one hour following receipt.

b. In the case of reports received during non-staffed hours, the beginning of the next

staffing period is considered to be the time of receipt.

G QUALITY OF RESPONSES

In addition to problems being resolved within the stated timeframes, the quality of the

interactions and paths taken toward resolution are of critical importance to UC. Interactions

between Help Desk staff and users will be reviewed periodically by UC to identify areas where

improved responses may be needed. Based on these reviews, additional training or coaching of

16

the Help Desk staff may be recommended by UC and any such remedial measures will be the

responsibility of the vendor.

H. SECURITY AND CONFIDENTIALITY OF INFORMATION

Any information accessed by the vendor in the course of assisting end users is to be considered

confidential. The vendor must have in place stringent measures to ensure that all UC

information is secure from tampering, re-use, or any use other than the purpose for which it

was collected.

1. All employees or agents of the vendor who, in the course of their duties, access UC

databases containing personal or confidential information will be required to sign

non-disclosure agreements.

2. The successful vendor will be required to indemnify UC against negligent acts or

omissions on the part of the vendor, and, at a minimum, to provide general liability

insurance of at least $1 million per occurrence.

I. SECURITY OF FACILITIES

The vendor must provide safe and secure facilities for the Help Desk operations, and must

have in place superior disaster preparedness and disaster recovery plans.

VII. Performance Measurement

A. PERFORMANCE OVERSIGHT

1. Activity reports - UCOP will require monthly reports documenting all the activity for that

period including but not limited to:

a. types of problems,

b. method of reporting,

c. time on hold,

d. time to resolution,

e. systems involved,

f. referrals to UC, etc.

2. Call monitoring

a. UCOP retains its right to monitor calls and/or

b. to place decoy calls to the outsourced Help Desk.

17

B. SERVICE LEVEL AGREEMENTS (SLAS)

1. UCOP and the successful bidder will arrive at mutually acceptable service level

agreements (SLAs) for each application for which support is contracted, and

a. These SLAs will become part of the contract.

b. Areas for which SLAs will be agreed upon include but are not limited to:

1.) time to call pick up,

2.) time to callback

3.) time to problem resolution; and

4.) abandonment rate

2. For example, the SLA for call pick-up could set a target of 95% of all calls to be answered

by a Help Desk staff member within two minutes.

3. SLAs will be reviewed annually for the life of the agreement.

4. Penalty for not achieving SLAs - UC will be entitled to a price reduction for the billing

period when SLAs are not met.

C. AD HOC REPORTING AND FEEDBACK

As needed, the UCOP relationship manager and designees may request management reports on

specific areas of concern.

D. CUSTOMER SATISFACTION

The vendor must have a formal program for measuring client satisfaction at the management

and end-user levels.

1. Surveys - The customer satisfaction program should include both scheduled and random

client surveys.

2. Results - Survey and other satisfaction measurement results are to be shared with UC

annually or more frequently.

VIII. Response Format

A. COSTS - INITIAL SET OF APPLICATIONS –

Costs for providing Help Desk services as described for the initial set of applications in

Section III should be outlined in the format detailed below.

1. Assumptions

a. Agreement –

1.) Assume an agreement of three years in length

2.) which includes provisions for yearly review of SLAs, as well as

3.) periodic updating in order to adjust to new technologies and

18

add coverage for new implementations.

b. Implementation –

1.) Assume an implementation date of January 10, 2000 for ESS and PIN,

2.) with a total of 10,000 submittals by this method the first year starting from

500/month the first month and growing throughout the year.

3.) Assume usage will increase by 50% to 15,000 submittals in year two and70% to

25,500 submittals in year three.

4.) For the W-4 system, assume an implementation date of March 1, 2000, with

10,000 submittals the first year (4,000 falling in the first half, 6,000 in the

second), growing by 35 % to 13,500 in year two and 50% to 20,250 in year three.

2. Pricing model –

a. Proposals may use the per-incident or metered pricing model, or some other

methodology as long as it is clearly described in the proposal.

b. Whichever model is quoted, vendors must be able to project the expected costs to UC

over the first year, two years, and three years of the agreement, using the

implementation assumptions outlined in Section VIII, A.1.b.

c. Any further assumptions employed by the bidder to arrive at these expected costs

must be based in both industry-wide and company-specific experience, and must be

documented as such by the bidder. For example, a proposal which prices services on a

metered basis would submit data on their average time spent resolving problems and

also substantiate these cost factors with industry averages.

3. Other costs

a. Non-recurring - Non-recurring costs to UC (such as set up, training, etc.), should

they exist, must be outlined separately.

b. Annual - Annual fees or adjustments exclusive of those detailed in the pricing model,

should they exist, must be outlined separately.

c. Holidays - UC will require coverage during the hours of operation (as stated in

Section IV. B.) on at least several, if not all, National holidays. Any premium charges

that would accrue for such coverage must be outlined.

4. Full disclosure - Any and all other costs that the vendor will pass on to UC beyond those

stated in response to Sections VIII. A.2. and VIII.A.3 must be fully disclosed in the

vendor's response to this RFP.

19

5. Discounts

a. Volume - Vendors must describe their volume discount pricing model, including

methods for effecting rate changes. Methods must not include any penalties to UC for

falling below anticipated volumes.

b. Other - Any other discounts or potential discounts (e.g., on-time payment) must also

be outlined.

B. COSTS - APPLICATIONS FOR POTENTIAL FUTURE SUPPORT

UC is interested in knowing the incremental costs of including under the same agreement its

Help Desk support for other applications, as noted in Section V, Applications for Potential

Future Support; UC is also interested in any discounts to the Initial Application pricing that

would accede thereto.

1. Assumptions - So that UC has a basis for comparison among proposals, for demonstration

purposes only, please quote pricing on the following two scenarios. These scenarios

should in no way be construed as a commitment on the part of UC to negotiate for any

services in regard to these or any other additional applications.

a. Scenario 1 - Vendors should outline costs for adding all three Applications for

Potential Future Support, at the projected Add Dates, user populations, and problem

report volumes as stated in Section V.

b. Scenario 2- Vendors should outline separate costs for each of the three Applications

for Future Support, as if each of them were the only application added to the Help

Desk support agreement. Again, assume the projected Add Dates, user populations,

and problem report volumes as stated in Section V.

c. Discounts - Any discounting to the set of Initial Applications that would be derived

based on the additional business as projected in Scenarios 1 and 2 should be outlined

in detail for both scenarios.

C. OTHER INFORMATION REQUESTED

Proposals should address, in detail, how the vendor proposes to provide the services outlined

in Section IV, A-G, Scope of Services Desired, at the level of service described in Section VI,

A-H, Service Expectations. Vendors should also submit their proposal for measuring

Performance as specified in Section VII. In addition, the following information must be

supplied:

20

1. Company Information.

a. State the company's primary line of business;

b. Length of time in business;

c. Proportion of total revenues derived from Help Desk services

d. Length of time in the outsourcing business

e. Name, address, telephone, fax, and email of primary contact for the Proposal

f. Experience providing services of similar scope and diversity

g. Experience with similar institutions

h. Five references, at least one of which is located in the greater S.F. Bay Area.

References for both the company and the proposed products. References may be

from either for-profit corporations or non-profit institutions; references for the

product should be relevant to the requirements stated in this RFP, including the

requirement for a large-scale implementation of the proposed solution

i. Project plan for implementation (if not already articulated under A. Costs - Initial Set

of Applications)

j. Plan for quickly adjusting to drastic fluctuations in workload

k. Recruitment, training, and retention programs in place

l. Y2K readiness

2. Corporate History

3. Corporate Philosophy

4. Company Size

5. Organizational Chart

6. Company financials

a. Audited Financial Statement (or equivalent) for the last three years.

b. SEC Form 10-K (for public companies) for the last three years.

7. Contractor Certification and Noncollusion Statement

8. University of California Business Information Form.

9. Compliance with Insurance Requirements (Insurance Certificate Form).

10. Contingency and disaster preparedness plans

11. Security of physical plant

12. Safeguards for confidentiality of information

21

IX. General Requirements, Terms, and Conditions

A. PERIOD OF CONTRACT

Initial Period of Contract - When negotiations are completed with the successful bidder to thisRFP, University will issue a contract or purchase order to the selected vendor. The initialcontract will be for a period of three years.

Contract Extension - The University reserves the right to extend the contract for an additionalthree year period or for a series of up to three one year extensions.

B. PRICING.

General Pricing Requirements - The Bidder shall quote prices in U.S. dollars. The Bidderwarrants that the prices offered herein are equal to or are lower than those offered forequivalent quantities of products and services to similar institutional accounts. In its Proposal,the Bidder shall apply any special university or educational pricing that will lower the cost tothe University. Vendor shall not be obligated to charge the maximum amount allowed underthis Agreement for any given service.

Price Reductions - If the Vendor offers a general price reduction that lowers the cost for anyproduct or service below the cost included in the Proposal or the Contract, the Vendor shalloffer the cost reductions to the University.

Firm Prices - All prices quoted in Bidder’s Proposal shall be firm and fixed for 90 daysfollowing the deadline for RFP submissions, or until a Contract is signed which establishesfuture pricing, whichever comes first.

Early Payment Discount - If early payment discounts are offered by the Bidder, the conditionsto qualify for the discounts shall be described fully in the Proposal.

Freight and Handling Charges - All goods shall be F.O.B. Destination, freight prepaid andallowed. University shall not be responsible for paying freight charges.

Taxes - The Vendor shall consider the products delivered under the Contract to be taxable andall services under the Contract not to be taxable, except that Software Support is taxable whenUpdates and Upgrades are included. The Vendor’s price quotes shall include all applicabletaxes. In addition, the Vendor shall pay all contributions, taxes, and premiums payable underfederal, state and local laws measured upon the payroll of employees engaged in theperformance of work under the Contract, and all applicable sales, use, excise, transportation,privilege, occupational, and other taxes applicable to materials and supplies furnished to theVendor or work performed for the Vendor hereunder and shall save University harmless fromliability for any such contributions, premiums, and taxes.

C. PAYMENT SCHEDULE AND INVOICING.

Payment Terms - University standard payment terms are net 30 days after receipt of productsor services and invoice. The University shall not be subject to any late fees or finance charges.

Timely Notification of Past Due Invoices - The Vendor shall notify the University if paymenthas not been received forty-five days after University’s receipt of invoice.

22

D. MISCELLANEOUS

The attached Appendix A, University of California Terms and Conditions of Purchase, areapplicable to the purchase of Hardware or any On-site services performed by the vendor underthe Contract.

Right to Know Legislation - The University shall comply with all enacted “right to know”legislation and all requirements established by the State of California, Federal, and localgovernments. The Proposal submitted by the Vendor shall be exempt from public inspectionunder the California Public Records Act until such time as a Contract is executed. Once aContract is executed, the University is obligated to disclose the contents of Proposalssubmitted in response to an RFP in accordance with the California Public Records Act. TheAct provides that the University may withhold information on trade secrets contained in aProposal provided each page of such information is marked by the Bidder as a “Trade Secret.”If, after the Contract is executed, a third party requests a copy of any Bidder’s Proposal and theProposal contains material marked “Trade Secret,” the University shall withhold informationso marked if it meets the statutory definition of trade secret and if the Bidder agrees to defend,indemnify, and hold harmless the University in any subsequent legal action based on itswithholding.

Ownership and Copying of Proposal - All Proposals become the property of the University.All information and materials contained in a Proposal submitted to the University may bereproduced by the University for the purpose of providing copies to University personnelauthorized to evaluate the Proposal

Auditing of Contract - Any Contract issued pursuant to this RFP shall be subject to theexamination and audit of the Auditor General of the State of California for a period of threeyears after final payment under the Contract. The examination and audit will be confined tothose matters connected with the performance of the Contract, including but not limited to, thecosts of administering the Contract.

Until the expiration of four years after the furnishing of services provided under a Contract, ifnecessary, the Contractor shall make available to the Secretary, U.S. Department of Health andHuman Services, the U.S. Controller General, and their representatives, the Contract and allbooks, documents, and records necessary to certify the nature and extent of the costs of thoseservices.

23

Non-Discrimination - By submitting a Bid, the Bidder certifies that racially segregatedfacilities will not be maintained nor provided for employees at any establishment under theBidder’s control, that the Bidder adheres to the principles set forth in Federal Executive Orders11246 and 11375, and that the Bidder undertakes specifically: to maintain employmentpolicies and practices that affirmatively promote equality of opportunity for minority grouppersons and women; to take affirmative steps to hire and promote women and minority grouppersons at all job levels and in all aspects of employment; to communicate this policy in bothEnglish and Spanish to all persons concerned within the Bidder’s company, with outsiderecruiting services, and the minority community at large; to provide the University on request abreakdown of the Bidder’s total labor force by ethnic group, sex, and job category; and todiscuss with the University the Bidder’s policies and practices relating to our affirmativeaction program.

Approval of Subcontractors - The University reserves the right to approve all subcontractorsused in the performance of the Contract.

Cooperation with Other Vendors and Contractors. - The Vendor and its subcontractors, if any,shall cooperate with the University and the University's other vendors, contractors, andsubcontractors and shall so carry on their work that other cooperating vendors, contractors, andsubcontractors shall not be hindered, delayed, or interfered with in the progress of their work.

A Contract that cannot be resolved by the personnel charged with implementing the Contractshall be submitted in writing to a designated senior executive of both the Vendor and theUniversity. The two executives shall engage in direct discussions in an effort to resolve thedispute, and any decisions mutually agreed by the executives will be final and binding on theparties. In the event the Dispute Resolution. The parties agree that any dispute between theparties concerning the executives are unable to resolve any dispute within thirty (30) days afterit is submitted to them, either party may refer the dispute to a court of final jurisdiction or, ifboth parties agree, to arbitration.

Termination for Convenience - University may, by written notice stating the extent andeffective date cancel and/or terminate the Contract for convenience in whole or in part, at anytime. University shall pay the Vendor for satisfactory performance provided through the dateof such termination. No termination made under this provision shall preclude the Universityfrom thereafter entering into an agreement with another vendor for similar services.

Termination for Cause - In the event that the University determines that the Vendor hasmaterially breached the Contract, the University shall notify the Vendor in writing of thenature of the breach and shall give the vendor thirty (30) days during which the Vendor musteffect a cure. In the Vendor is unable or refuses to effect a cure within the 30-day period, or ifafter the 30-day period the University determines that the breach has not been cured toUniversity’s satisfaction, whichever occurs first, the University may, by written notice,terminate the Contract. In such event, the University may purchase or otherwise secureservices and, except as otherwise provided herein, the Vendor shall be liable to the Universityfor any excess costs incurred by University because of the termination.

In the event that the Vendor determines that the University has materially breached the Contract,the Vendor shall provide to the University a written notice specifying the breach and shall giveUniversity at least sixty (60) days to effect a cure. If the breach is not cured to the Vendor’ssatisfaction, the Vendor may, by prior written notice, terminate the Contract.

No Free Parking - No free parking space is provided by the University for vehicles used by theVendor in fulfilling the Contract.

24

Ethics - The Vendor shall comply with University policies on gifts and gratuities. The Vendorshall exercise reasonable care and diligence to prevent any action or conditions that couldresult in a conflict with the University’s interest. During the term of the Contract, the Vendorshall not accept any employment or engage in any work that creates a conflict of interest withthe University or in any way compromises the work to be performed under the Contract. TheVendor and/or its employees shall not offer substantial gifts, entertainment, payments, loans,or other consideration to the University’s employees, their families, other contractors,subcontractors, and other third parties for the purpose of influencing such persons to actcontrary to the University’s interest. The Vendor shall immediately notify the University ofany and all such violations of this provision upon becoming aware of such violations.

Insurance Requirements -. The Vendor shall at its expense obtain, keep in force, and maintaininsurance to cover its performance under the Contract. The Vendor, upon the execution of theContract and prior to commencing work under the Contract, shall furnish the University withcertificates of insurance evidencing compliance with the requirements stated herein. Thecertificates of insurance shall obligate Vendor’s insurers to notify University at least thirty (30)days prior to cancellation of or change in any such insurance. The Vendor itself shall providethirty (30) days prior written notice of any cancellation or change in the certificate of. Allinsurance coverage required herein shall include The Regents of the University of California asan additional insured, but only with respect to the negligent acts of omissions of Vendor, itsofficers, agents, employees, suppliers, subcontractors, or anyone directly or indirectlyemployed by them, or any other person or persons under the Vendor’s direction and control.

Product Liability Indemnity Provision - The Vendor shall fully indemnify, defend, and holdharmless the University from and against any and all claims, actions, and liability for injury,death, and property damage arising out of the dispensing or use of any of the Vendor’s servicesprovided under authorized University orders.

Non-assignment - The Vendor shall not assign the Contract or any services thereunder withoutthe prior written consent of the University. The Vendor may, with prior written permissionfrom the University, enter into subcontracts with third parties for performance of any part ofthe Contractor’s Vendor’s duties and obligations, provided that in no event shall the existenceof a subcontract operate to release or reduce the liability of the Vendor to the University forany breach in the performance of the Vendor’s duties. Acceptance by the University of theVendor’s Proposal for performance hereunder, which identifies any proposed subcontractorsand fully describes the duties and qualifications of such subcontractors, shall be consideredpermission from the University for the Vendor to enter into such proposed subcontracts. TheVendor agrees that all subcontractors shall be agents of the Vendor, and the Vendor agrees tohold the University harmless under the Contract for any loss or damage of any kind occasionedby the acts or omissions of the Vendor’s subcontractors, their agents, or employees.

Entire Agreement - The Contract executed pursuant to this RFP will state the entire agreementbetween the parties in respect to the subject matter covered therein and supersedes anyprevious or contemporaneous oral or written proposals, statements, discussions, negotiations,or other agreements. However, this RFP and the bidder’s response will be incorporated byreference into the contract.

The parties acknowledge that they have not been induced to enter into a Contract by any oralor written representations or statements not expressly contained in the Contract. The Contractcan only be modified, or any provision waived, in writing and must be signed by both parties.

X. Instructions to Bidders

25

A. CONTACTS WITH UNIVERSITY MANAGEMENT. BIDDERS MUST DIRECTALL REQUIRED RFP DOCUMENTS AND ANY PROCEDURAL INQUIRIESREGARDING THIS RFP TO:

U.S. Mail:Cheryl Klos-Montalbano, BuyerUniversity of California, BerkeleyProcurement and Business Contracts6701 San Pablo Ave., #218 MC 5600Berkeley, CA 94720-5600Phone: (510) 642-0332Fax: (510) 642-8604E-mail: klos_mon@uclink4.berkeley.edu

or Express Mail:6701 San Pablo Ave., Suite 218Oakland, CA 94608-5600

Bidders should direct all technical inquiries regarding this RFP to:Connie Williams, Manager,Information Resources & CommunicationsUCOP 1111 Franklin Street, #7319Oakland, CA 94607Phone: (510) 987-0402

E-mail: connie.williams@ucop.edu

B. BIDDER’S CONFERENCE

A Bidder’s Conference will be held on Monday, October 25, 1999, beginning promptlyat 1:00 p.m. and running for approximately two hours, at UCOP, 1111 Franklin Street,Room 10325, Oakland, California. Prototypes of some or all of the applications forinitial support will be demonstrated by UCOP at the conference. Written notesdocumenting points of clarification arising from the conference, if any, will bedistributed in writing to all prospective bidders no later than Thursday, October 28,1999.

1. No more than two representatives from any one firm may attend.2. Bidders should contact Ms. Sandra Elder (510/ 987-0459 or via electronic mail

at sandy.elder@ucop.edu) no later than Wednesday, October 20th, toconfirm their plans to attend and identify their attendees.

3. Directions to the conference location and other logistical information may alsobe obtained from Ms. Elder.

C. RESPONSIVE PROPOSALS.

The Proposal must be complete, be submitted by the Submittal Deadline in therequired format, and satisfy all of the “shall” requirements in the RFP. Otherwise, theUniversity may declare the Proposal to be non-responsive and not consider it further.

D. AUTHORIZED PROPOSAL.

26

The Proposal and all Bidder correspondence related to it shall be from a duly authorizedrepresentative of the Bidder.

E. PROPOSAL ACCEPTANCE PERIOD.

The University will have a period of (90) days from the deadline for Proposals to accept,reject, or negotiate the final terms of a Contract with Vendor.

F. VENDOR’S WITHDRAWAL , MODIFICATION, AND RESUBMISSIONOF PROPOSALS

Proposals may be withdrawn and/or resubmitted at any time prior to the deadline forProposals. Proposals may be modified by a written (including faxed) request from the Vendorprior to the deadline for Proposals.

The Vendor’s contacts regarding withdrawal, modification, or resubmission of a Proposal shallbe directed to the University personnel identified in this RFP, unless the University directs theVendor in writing to contact other personnel.

G. UNIVERSITY’S AMENDMENTS TO RFP:

The University may revise or add to the RFP prior to the deadline for Proposals and, at its owndiscretion, may extend the deadline for all potential Bidders. Such amendments will be sent byfacsimile, overnight courier, or certified mail with return receipt requested to all Bidders whoreceived a copy of this RFP from the University. If an amendment is issued after the deadlinefor a Letter of Intent to Propose, then the amendment will only be sent to those Bidders whosubmitted a Letter of Intent to Propose.

Amendments will be clearly marked as such. Each amendment will be numberedconsecutively and will become part of this RFP.

Any Bidder who fails to receive such amendments shall not be relieved of any obligation underits Proposal as submitted.

No oral or written statements made by University personnel shall be considered an amendmentto this RFP unless the statement is contained in a written document identified as a writtenamendment to this RFP.

H. REJECTION OF PROPOSALS

The University reserves the right to reject any and all Proposals. The University may reject aProposal from a Bidder who has been delinquent in any prior contract with the University. TheUniversity reserves the right to re-solicit Proposals. The University does not guarantee that aContract will be signed as a result of this RFP.

A Proposal received after the submittal deadline for Proposals, as shown on the cover page ofthis RFP, shall be rejected and may be returned unless the delay is due to negligence of theUniversity. It is the Bidder’s sole responsibility to assure that its Proposal is received on orbefore the submittal deadline. A Proposal submitted in any form other than the formatrequired shall not be accepted.

I. CAUTION TO RESPONDENTS.

27

In preparing Proposals, Bidders are cautioned not to delete or alter any material which theUniversity included in this RFP, including the University’s terms, conditions, specifications, orforms, as such changes may render a Proposal non-responsive.

J. COSTS OF PROPOSAL

The University is not liable for any costs incurred by a Bidder or potential Bidder in making aProposal. Bidders are responsible for all costs related to a Proposal, including the cost ofattending meetings such as a bidders conference or making presentations.

K. LOW BALL SUBMITTALS.

The University shall enter into an agreement only after it has determined that prices to be paidare reasonable. The University reserves the right to have a Bidder provide additionaldocumentation supporting the Bidder's pricing and the Bidder's ability to meet theresponsibilities stated in the RFP.

L. BID PROTEST

Any actual or prospective Bidder or Vendor who has a complaint regarding the solicitation oraward of the Contract should first attempt to resolve the grievance with the University ofCalifornia, Berkeley (UCB), Manager of Procurement and Business Contracts or otherUniversity contracting officer involved in the transaction. If a controversy over the solicitationor award of the Contract cannot be resolved at this level, the complainant may file a protest ornotice of other controversy with the UCB Vice Chancellor of Administration.

If the UCB Vice Chancellor of Administration becomes involved in the controversy, the UCBVice Chancellor will appoint individuals to investigate the issues involved in the complaint,analyze the findings, consult with General Counsel, and promptly issue a decision in writing.A copy of the decision will be mailed or otherwise furnished to the complainant and will statethe reasons for the decision.

A protest or notice of other controversy must be filed promptly and in any event within twocalendar weeks after such complainant knows or should have known of the facts giving arisethereto. All protests or notices of other controversies must be in writing. In the event of atimely filed protest, the University will not proceed further with the solicitation or awardinvolved until the protest is resolved or withdrawn, unless the UCB Vice Chancellor ofAdministration consults with General Counsel and makes a written and adequately supporteddetermination that continuation of the procurement is necessary to protect substantial interestsof the University. Written notice of the decision to proceed will be given to the complainantand others the University deems as concerned with the transaction.

M. PENALTY FOR COLLUSIONIf at any time the University shall find that the Vendor to which a Contract has been awardedhas, in presenting a Proposal, colluded with any other party or parties, the University reservesthe right to cancel or terminate the Contract so awarded and the Vendor shall be liable to theUniversity for all loss or damage which the University may have suffered.

N. AWARD SELECTIONS

The University reserves the right to make multiple Contracts as an outcome of this RFP whenit is determined to be in its best interest and at its sole discretion.

XI. Basis of Award

28

Bidders will be qualified under this RFP in a three-stage process. First the University will evaluateeach Proposal based on its conformance to the RFP instructions, completeness, clarity of content, andresponsiveness to the RFP requirements. Proposals that do not conform to the instructions andrequirements may be rejected by the University as non-responsive. The Bidder shall meet all of therequirements, including “shalls,” in Part II, Scope of Work/Specifications. If a Proposal fails to meet a“shall” requirement, the University may reject it as non-responsive.

Second, there will be a determination as to each Bidder’s qualifications, including financial resources,relevant experience, and references. Proposals from Bidders who are deemed not qualified will not passto the third and final stage.

The final stage will be an evaluation of the merits of the Proposal, including cost. Bidders who reachthis stage may be asked to demonstrate their proposed products. The purpose of suchdemonstrations will be for the University to determine whether in fact the products do meet the RFPrequirements and to verify the current functionality of the products. Proposals at this stage will beevaluated and scored on a cost-per-quality-point basis, using a multi-year projection of cost. Qualitypoints are awarded based on the quality of response to each item and will take into consideration theresults of any demonstrations. The number of points available for each item may vary depending uponthe relative importance of the item.

The vendor whose proposal has the lowest cost-per-quality point score will be awarded the opportunityto engage in final negotiations on the provisions of the Contract. If, however, the University and thevendor with the lowest cost-per-quality point score are unable to reach agreement, the Universityreserves the right to cease negotiations with that vendor and either award the vendor with the nextlowest quality point score the opportunity to negotiate or reject all proposals. If the parties are unable toreach agreement, the University reserves the right to cease negotiations with the second vendor andeither award the vendor with the third lowest quality point score the opportunity to negotiate, or rejectall proposals, and so on until either agreement on the provisions of the Contract is reached or theUniversity rejects all proposals.

XII. Proposal Format

A. STYLE OF RESPONSE.

The Proposal should be clearly and concisely written and well-organized.

B. PROPOSAL FORMAT.

A Proposal must follow the format for responses described in this RFP. The electronic copy shall befurnished in Microsoft Word 97 for Windows.

C. TABLE OF CONTENTS

A Proposal must include a table of contents with page numbers covering all parts including exhibits andaddenda, with sufficient detail to facilitate easy reference to all requested information.

D. SUBMITTAL COPIES

Bidders are required to submit (4) complete printed copies of a Proposal, one of which must be stamped“Original” and contain an original signature, and one electronic copy of the entire Proposal.

29

E. SIGNATURE OF RESPONSIBLE INDIVIDUAL

The Proposal shall be signed by an individual who is authorized to bind the Biddercontractually. The signature shall appear on the cover page of the Proposal, together with theindividual's printed name and title, the date of signature, the name of the company, and theReference Number of the RFP.

XIII. Required Submittals

A. NOTICE OF INTENT TO RESPOND

Any Bidder intending to submit a Proposal shall previously submit a Notice of Intent toRespond, stating that the Bidder intends to submit a full Proposal in response to the RFP. Inaddition, the notice shall name who the Bidder’s principal representative will be throughout theremainder of the RFP process and provide full contact information (office address, phone, fax,and e-mail address).

B. BIDDER COVER PAGE (IN THE FORMAT PROVIDED BY THEUNIVERSITY).

C. PROPOSED SOLUTION.

The Bidder should provide a description of the proposed solution, or alternative solutions, thatcovers the topics outlined below. The Bidder should add comments or additional explanationswherever they will be helpful in communicating the proposed system’s capabilities, advantages, oralternate means of providing Help Desk Services.

1. Overview of Proposed Solution.2. Implementation Timeline (the Bidder’s response to the University’s timeline).3. Recommended Products and Platforms (with possible alternatives).4. A detailed description of how well the proposed solution meets each of the RFPrequirements5. Support Offerings. The Bidder should give details for all types of support covered in the RFP

definitions of Software Support and Hardware Support.6. Training Requirements and Recommended Training (with possible alternatives).

D. COST WORKSHEETS

1. Presentation of Cost Information. The Bidder should follow the following guidelines for allcost information:

• The Bidder should quote all costs for its Proposal (including fees for licenses,maintenance, support, consultation, training, customization, software installation, etc.)on a single, consolidated set of cost sheets that are clearly identified as "Costs forProposed Solution."

• Quote individual prices for all items in the proposed solution, including separate pricesfor any levels of customization that are proposed.

• Quote alternatives to individual pricing, such as bundled pricing or volume pricing, ifoffered by the Bidder.

• Provide both standard commercial prices and standard university or educational pricesfor all items, in addition to the prices quoted.

• Structure the worksheets so that the prices of essential items are totaled separately fromoptional items in the proposed solution.

• Structure the worksheets so that costs for separate phases of implementation are shownseparately (if a multi-phase implementation is proposed).

30

• Show discounts as separate entries, i.e., as amounts deduced fromthe standard pricing. (This may not apply to bundled pricing.)

E. RFP EXCEPTIONS.

1. Technical Exceptions. The Bidder shall clearly describe any and all deviations in its Proposalfrom the functional requirements stated in this RFP and also describe any Productenhancements that could be made by the Bidder to satisfy those requirements

2. General Exceptions. The Bidder shall also clearly state its objections, exceptions, oralternatives to the general (non-technical) requirements stated in this RFP. These responsesmust be presented together in a separate document. If the Bidder has no general exceptions topresent, this fact should be stated in the Proposal.

3. The University will not consider the submission of the Bidder’s standard software license andmaintenance agreements to be a presentation of exceptions. Every exception must be stated assuch in the document mentioned above.

F. THE BIDDER SHALL CLEARLY IDENTIFY ANY AND ALLDEVIATIONS, REQUIRED PRODUCT ENHANCEMENTS, AND OTHERDIFFERENCES THAT EXIST BETWEEN THE BIDDER'S PROPOSALAND THE REQUIREMENTS OF THIS RFP.

G. AGREEMENTS TO BE INCORPORATED. IF THE BIDDER REQUIRESTHAT A SOFTWARE LICENSE AND/OR SOFTWARE SUPPORTAGREEMENT BE INCLUDED IN THE CONTRACT, AND IF THEBIDDER PROVIDES SOURCE CODE UNDER AN ESCROWAGREEMENT, THE BIDDER SHOULD PREPARE SUCH AGREEMENTSIN ACCORDANCE WITH THE PROVISIONS OF THIS RFP ANDINCLUDE THEM WITH THE PROPOSAL.