You are on page 1of 15

SECTION TWO

REQUEST FOR PROPOSALS


Just-In-Time Training Programs
Notarized Business
Services, LLC
SECTION ZERO GENERAL
INFORMATION
1.1
Purpose of the Request for Proposals. The purpose of this Request for Proposals (RFP) is to engage a
Proposer to provide the following Services to [FedEx Ground Package System, Inc. (herein referred to as
the Company):
. The Company, by means of this RFP, invites all qualified Proposers to submit
Proposals in accordance with the requirements outlined in this RFP. The Company anticipates that, based on its
review and evaluation of the Proposals received pursuant to this RFP, it will select a Proposer and execute a contract
whereby the Proposer renders Services to the Company, in accordance with terms and conditions set forth in the
contract.
1.2
Information about the Company (See Reference: 2)
FedEx Ground Package System, Inc. provides business-to-business package shipping and
ground delivery services. The company provides day-certain service to every business
address in the United States and Canada, as well as residential delivery to nearly 100% of
U.S. residences through its FedEx Home Delivery service. The FedEx Ground segment also
includes FedEx SmartPost, Inc., which specializes in the consolidation and delivery of high
volumes of low-weight, less time-sensitive business-to-consumer packages using the U.S.
Postal Service (USPS) for final delivery to any residential address or PO Box in the United
States. It was formerly known as Roadway Package System, Inc. and changed its name to
FedEx Ground Package System, Inc. in 2000. The company was incorporated in 1984 and is
based in Coraopolis, Pennsylvania. FedEx Ground Package System, Inc. operates as a
subsidiary of FedEx Corporation.
1.3
Company's Right to Reject.
This RFP does not commit the Company to
select a Proposer or to award a Contract to any Proposer. The Company reserves the
right to accept or reject, in whole or in part, any Proposal it receives pursuant to this
RFP.
1.4 Schedule of Events. The Company will make a good faith effort to follow the
timeline below for evaluating, negotiating and issuing an award:
Event

Date

Confirmation of Receipt of Proposal -Submitted on


by March 7, 2015
2/16/15
Change of addenda or amendments by company
by March 14, 2015
Notice of Deadline for Proposer to Respond
To Changes in Addendum and Amendments
by March 17, 2015
Approval/Denial of Proposers Compromise on Addenda
And Amendments
by March 21, 2015
Approval/Denial of Proposed Budget/Financial Allocations by March 28, 2015
Request for Changes to Proposed Budget/Financial Allocations
Notice of Deadline to Respond to Proposed Changes to
Budget/Financial Allocations
by April 3, 2015
Approval/Denial of Compromise on Budget Allocations
by April 5, 2015
Response to Additional Questions by Proposer
by April 10, 2015

SECTION TWO
SECTION ONE NEEDS
ASSESSMENT
1.1 Company Needs:
FedEx Ground Package Systems ; Inc. has expressed the needs for solutions to the following training issues.

- Re-train recruiters/managers in hiring procedures


-To update training methods for new-hires in hub operations
-Reduce training costs
- Reduce training times for managers/recruiters/new hires
-To implement a comprehensive training program
STATEMENT OF WORK
1.1 Statement of Work: (See Reference 1)

Objectives
Defines the why. The objective section states the marketing or business objectives of the project,
and a high-level overview of the solution. This ensures that we have clarity as to why we are
performing this work, and begins to weave the story.
To implement a JIT Training solutions that maximizes the companies investments in the training
employees.
Scope
The following schedule encompasses the activities involved in the administration of a JIT
training solution for the company based on the assumptions that the company approves of the
tentative dates and scheduling.
-Set up JIT/Web 2.0 Training Format/Create training website

April 1. 2015

-Distribute Training Regiment/ Software to Managers for Approval April 3, 2015


-Train Company Management

April 7, 2015

-Complete JIT Training/Implementation

April 15, 2015

Assess Training/System Effectiveness

April 7 thru April 17, 2015

Deliverables
FEG-FS: Project Phases/Fee Payment Schedule- 5 pages
FEG-TA: Assessment of Training NeedsFEG-TR: Notice of Technological Requirements-4 pages
FEG-TS: Scope of /JIT System/Technical Support Congruence with Company Needs-10
pages
FEG-QA: Quality Assurance Standards Declaration-2 pages
FEG-IC: Industry Training Methods Comparisons-5 pages
FEG:-SU: Notice of Systems Upgrades/Updates-6 pages

SECTION TWO
FEG- SUA: Software Use Agreements/Compliance-2 pages
FEG-CON: Official Contract Agreement/Terms-10 pages

Schedule and Prices


JIT Company Website
Creation/Support
JIT System
Technological
Requirements Training
JIT Training for
Mangers
JIT Technical Support

April 1, 2015

5,000.00

April4, 2015

2,500.00

April 7. 2015

5,000.00

Continuous

5,000/year

JIT Training Solution


Implementation

April 15, 2015

17, 500.00

Key assumptions
The agreement outlined in this proposal is bases on the premise that the company is
willing to accept terms of agreement and exercise reciprocal diligent duty in completing its
mandates under the condition outlines without exception; yet, with the right to negotiate and
request changes to terms and conditions subject to the approval of both parties.
Acceptance

Keith C. Quarles, Owner, Director, Notarized business do hereby offer services to FedEx
Ground Package Systems; Inc. at the terms expressed in this Request for Proposal dated 2-152015.
S/Keith C. Quarles, Owner/ Owner, Director
The signature below by the agent for FedEx Ground, Jeremy Coleman, Director of Contract
Affairs renders the agreement valid, legal and effectives within the scope of this document.
S/Jeremy Coleman, FedEx Ground Company Agent

RFP REQUIREMENTS
2.1
Right to Modify, Rescind, or Revoke RFP.
The Company reserves the rights to modify, rescind,
or revoke this RFP, in whole or in part, at any time prior to the date on which the authorized representative of the
Company executes a Contract with the Selected Proposer.
2.2
Compliance with RFP Requirements.
By submission of a Proposal, a Proposer agrees to be bound
by the requirements set forth in this RFP. The Company, at its sole discretion, may disqualify a Proposal from
consideration, if the Company determines a Proposal is non-responsive and/or non-compliant, in whole or in part,
with the requirements set forth in this RFP.
2.3
Binding Effect of Proposal.
Unless otherwise agreed in writing signed by the Assistant Vice
President for Business Affairs, each Proposer agrees to and shall be bound by the information and documentation
provided with the Proposal, including prices quoted for Services.
2.4
Signature, Certification of Proposer.
The Proposal must be signed and dated by a representative of
the Proposer who is authorized to bind the Proposer to the terms and conditions contained in this RFP and to
compliance with the information submitted in the Proposal. Each Proposer submitting a Proposal certifies to both
(a) the completeness, veracity, and accuracy of the information provided in the Proposal and (b) the authority of the
individual whose signature appears on the Proposal to bind the Proposer to the terms and conditions set forth in this
RFP. Proposals submitted without the required signature shall be disqualified.
2.5
Requirements for Submission. Each Proposer shall submit one (1) original -- which must be clearly
defined as the ORIGINAL -- and (12 copies) of the Proposal. The original shall be prepared on a word processor
and formatted in at least 10-point-font that is clearly readable. The copies shall be of good, readable quality. The
original and each copy shall be submitted in a three-ring binder, on three- hole-punch, letter-size (8.5 x 11)
paper. Both the cover and the spine of each binder shall reflect the name of the Proposer. The binder cover shall
also reflect the subject matter of the Proposal as follows: RFP FOR JIT/E-Learning Training Program.
The original and (12 copies) of the Proposal shall be submitted in a sealed box, clearly labeled as follows:
RFP FOR . FedEx Ground Package Systems ; Inc.
FedEx Ground
Package Systems ; Inc.

Attn: Jeremy Coleman


Director of Contracting
555 Compress Drive
Memphis, TN 38103
2.6
Deadline for Proposals. Proposals must be received in the Company Contracting Office, at the
address specified in Section 2.5 of this RFP, no later than 4:00 p.m., Central Standard Time, on March
1, 2015.
ANY PROPOSAL RECEIVED AFTER EXPIRATION OF THE DEADLINE WILL

BE IMMEDIATELY DISQUALIFIED FROM CONSIDERATION, AND WILL BE


RETURNED UNOPENED TO THE PROPOSER.
2.7
Risk of Loss, Damage, Delay.
Proposer acknowledges and agrees to release and hold harmless the
Company, its components, Board officers, employees, agents, and personnel, from and against any and all claims,
liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to delivery of the
Proposal or failure to deliver the Proposal to the Contracting Office at the Company, as designated in Sections 2.5
and 2.6 of this RFP.
2.8

Ownership of Proposals. All Proposals become the physical property of the Company upon receipt.

2.9
Costs of Participation. The Company specifically disclaims responsibility and/or liability for any and
all costs, expenses, or claims related to or arising out of the Proposers participation in this RFP process, including
but not limited to costs incurred as a result of preparing, copying, shipping, presenting, and/or clarifying the
Proposal and the information relevant to the Proposal.

2.10
Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, Company
Policies and Procedures. By submitting a Proposal, the Proposer agrees to and shall comply with all applicable
local, state and federal laws and regulations, as well as with all applicable policies and procedures of the Companys
Company System.

SECTION THREE
RFP PROCEDURES
3.1
Rescission of Proposal. A Proposal can be withdrawn from consideration at any time prior to expiration
of the Deadline for Proposals, as stated in Section 2.6 of this RFP, pursuant to a written request sent to the Director
of Contracting.
3.2
Request for Electronic Copy. A Proposer may request an electronic copy of the RFP from the Director of
Contracting. Electronic copies will be forwarded through email addresses only.
3.3
Request for Clarification. The Company reserves the right to request clarification of any
information contained in a Proposal.
3.4
Questions by Proposers. The deadline for questions submitted by Proposers is April 1, 2015. The
Company will accept no questions after this date. Questions must be submitted in writing; the question,
written Company response, and addenda, if any, related to the RFP will be distributed to all Proposers. If
the Company determines a question has been sufficiently answered in the RFP, the inquiring Proposer will be
referred to the relevant section of the RFP. Questions may be faxed (###-#######) to the Director of Contracting.
3.5
Addenda to the RFP.
Each Proposer will be provided with copies of Company-approved addenda,
including amendments to the RFP. If and as necessary, as determined by the Company, Proposers will, in turn, be
allowed time to revise or supply additional information in response to such addenda.
3.6
Communications with Company Personnel.
Except as provided in this RFP and as is otherwise
necessary for the conduct of ongoing Company business operations, Proposers are expressly and absolutely
prohibited from engaging in communications with Company personnel who are involved in any manner in the
review and/or evaluation of the Proposals; selection of an Proposer; and/or negotiations or formalization of a
Contract. If any Proposer engages in conduct or communications that the Company determines are contrary to the
prohibitions set forth in this Section 3.7, the Company may, at its sole discretion, disqualify the Proposer and
withdraw the Proposers Proposal from consideration.
3.7
Evaluation of Proposals. The Selection Committee will review Proposals in accordance with the
procedure and criteria set forth in this RFP. Proposals that are (i) incomplete, (ii) not properly certified and signed,
(iii) not in the required format, or (iv) otherwise non-compliant, in whole or in part, with any of the requirements set
forth in this RFP may be disqualified by the Company.
3.8
Proposer Presentations. Proposers may be invited to campus to present their program/service to the
Selection Committee. The Selection Committee will establish the format, time, date and location for presentations.

SECTION FOUR
PROPOSAL CONTENTS
4.1
Provision of Information. Each Proposer must provide current, accurate, complete information about all
of the following in support of its Proposal (please coordinate numbers with responses):
A.

Business, Financial Information.


1.
2.
3.
4.

Keith C. Quarles, 6214 Cranbury Park Drive, 901-249-7677, Director Of Proposal


Administration
State of Tennessee, Notarized Business Services, Tax ID No. 02-0009978
Keith C. Quarles, Owner, Director
Keith C. Quarles, Owner, Director, Technical Advisor, Trainer, Faciltator
Resume
Keith C. Quarles

6214 Cranbury Park Drive, Memphis, TN, 38141 | (901)347-4541 | kcq2@netzero.net


Online Teacher/Instructor

K-12 Online Teaching


Instruction/Curriculum Design
Market Research
Marketing/Planning

Entry-level Manager/Trainee
Education Research
Problem-solving
Online Collaboration/Training

Experience
Package Handler
FedEx Ground Package Systems; Inc.
Unload Freight/Packages
Assistant Manager/Driver
Quarles Moving Service
Memphis, TN
Prepared Invoices.
DOT Registration /Compliance..
Cold calling/phone solicitation. Online marketing.
Prepared schedules.
Drove moving truck long distance and local.

February 10, 2015 to Current

November 2002 to April 2009

Ground Service Agent


August 2007 to September 2008
Pinnacle Airlines
Memphis, TN
Scheduled Re-route of bags from missed flight connections on computer program.
Loaded and Unloaded Airplanes.
Marshalled and wing walked planes to be parked.
Assistant Manager
September 2006 to August 2007
Samuel Williams Mobile Detailing
Memphis, TN
Prepared Schedules and Invoices.
Account Receivables/Payable.
Set up appointments for Lipscomb Pitts and Ducks Unlimited Executives.
Company Representative
Quarles-Kelley

August 2004 to March 2008

Memphis, TN
Delivered employees checks to job site.
Worked at various locations including Medline Solutions and OverNite Freight
Education
Ashford University San Diego, CA
Master of Educations, Teaching and Learning with Technology, 4.0
Ashford University San Diego, CA
March/2014

August/2015

Master of Arts, Organization Management, 4.0


Ashford University, San Diego, CA
September/2012
Master of Business Administration, Marketing, 3.9
Memphis State University, Memphis, TN

May/1993

Bachelor of Business Administration, Marketing,


Accomplishments
Deans List (1993), University of Memphis
Golden Key International Honour Society M Memphis
Golden Key International Honour Society Member 2012-Lifetime
Academic Scholarships, Ashford University, 2012, 2014[
Professional Affiliations
University of Memphis Alumni Associate, 1993- 2015
Ashford University Alumni Associate-2012, 2014
5.
6.

Seven years experience in providing Just-In-Time Corporate


Training throughout the 381 Area Code, Memphis TN
References/Current Business Clients
Memphis College of Arts
Overton Park
1930 Poplar Avenue
Memphis, TN 38104
Southwest Tennessee Community College
5983 Macon Cove
Memphis, TN 38134
University of Memphis
101 Wilder Tower
Memphis TN 38152-3520

7.

B.

Liberty Mutual; Inc.


Portfolio Risk Management-1,000,000.00
Hartford Insurance; Inc.
Corporate Liability Insurance- 1, 000,000.00
-No losses to report since February 2012

Services, Plans, Reports, Billing.


1.

Description of Services the Proposer is able to provide;


-JIT Training Solutions Implementation
-Web 2.0 Proficiency Training
-Online Marketing Training
-Business Planning
2.
Detailed Plan, with projected time lines and itemized costs, for provision of Services;
Management JIT
14 days
5,000.00

Training-Web 2.0
JIT System
Technological
Requirements Training
Training Assessment
and evaluations
JIT Technical Support
JIT Company Website
Creation/Support
JIT Training Solution
Implementation
2.

4.

5.
6.

7.

8.

3 days

2,500.00

Continuous

No cost

Continuous
7 days

5,000/year
5,000.00

17 days

17, 500.00

Sample or prototypical reports that would be furnished to the Company;


FEG-FS: Project Phases/Fee Payment Schedule
FEG-TA: Assessment of Training Needs
FEG-TR: Notice of Technological Requirements
FEG-TS: Scope of /JIT System/Technical Support Congruence with Company Needs
FEG-QA: Quality Assurance Standards Declaration
FEG-IC: Industry Training Methods Comparisons
FEG:-SU: Notice of Systems Upgrades/Updates
FEG- SUA: Software Use Agreements/Compliance
FEG-CON: Official Contract Agreement/Terms
Names, titles, contact point of Proposer officials who will serve as primary Proposer
contacts and/or perform various services in support of the agreement, plus supporting
credentials demonstrating the education, training, and experience of these personnel.
Keith C. Quarles, Owner, Director, Facilitator
Seven Years Experience in Implementing JIT Solutions for Business
M.B.A.- Marketing, September, 2012
M.B.A.- Organizational Management, March 2014
M.B.A.- Teaching with Technology-August, 2015
Task-specific training required for Proposer's personnel;
Procedures followed when contacted by a Company official about issues related to the
rendition of Services;
File report in Company Public relations Log
Owner, director review complaint
Contact Attorney and Insurance Company if Necessary
Contact Company
Negotiate Resolution/Agreement
Implement Resolution of Rendition of Services Discrepancy
Adjust Fee Structure/Timeline
Document/Disclose Amended Agreement
7- Follow-up on progress of change in Services Rendered

Methods, procedures, and processes to ensure quality control; and


Weekly evaluation of Management Training Progress
Weekly evaluation of Congruence of JIT with Companys emergent needs
Weekly updates to JIT Software, if available
Bi-monthly meeting with company officials/managers
Collaboration with company HR Department
Weekly updates on industry training standards/legal compliances
Pre/Post Implementation Evaluations.
Billing procedures and processes utilized by the Proposer.
Set up corporate Account for company
Designate Account Number for Company
Post Fees and Payment Schedule/Collect payment Through Paypal on Proposer website @
JITPAY.COM
Offer Bank-Draft Option
Secure payment information
Offer incentive for early payment/discounted full payment
Accept all major credit cards payable through Corporate account

90 day account receivables net on all services

4.2
Rates for Services. Each Proposer must provide specific information about fees for all Products and
Services, as specified in Exhibit
.
4.3
Proposer Affirmation Clauses.
Each Proposer must affirm and incorporate in its Proposal all of the
Affirmations set forth in this Section 4.4. If the Company determines a Proposer has submitted a false statement, in
whole or in part, in regard to any of these affirmations, then the Company will disqualify the Proposer from
consideration and report the false statement as such to the General Services Commission. Accordingly, the Proposer
affirms all of the following, without limitation
A.

The Proposer has not conferred or offered to confer, either directly or indirectly, any benefit
whatsoever on a public servant in connection with the submitted Proposal or the subject matter of
the Proposal;

B.
C.

Bidder/proposer affirms that no affiliation exist between owners, officers, administrators and
employees of the bidder/proposer and The Company which could be construed as a conflict of
interest.
The Proposer, individually or acting by and through its officers, principals, employees,
contractors, subcontractors, agents, or personnel, has neither (i) violated state or federal antitrust
laws nor (ii) communicated any of the contents of the Proposal to its competitors or any other
person or entity engaged in such line of business;

D.

The Proposer did not participate in or receive compensation for preparation of the RFP;

E.

Proposer certifies that the individual or business entity named in the Proposal is not ineligible to
enter into a resulting contract, if any. If this certification is inaccurate, then the resulting contract
can be terminated and/or payment can be withheld;
SUBMITTED:

Notarized Business Services


Firm:
By

Title:

(SEAL: If Proposal is by a
Corporation)

SECTION FIVE
EVALUATION, SELECTION, AWARD
5.1
Discussions with Proposers.
The Company may conduct discussions and/or negotiations with any
Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria set forth in this
RFP. In conducting discussions and/or negotiations, the Company will not disclose information derived from
Proposals submitted by competing Proposers, except as and if law requires disclosure.
5.2
Modification of Proposals.
All Eligible Proposers will be afforded the opportunity to submit best
and final Proposals if (a) negotiations with any other Proposer result in a material alteration to the RFP and (b) such
material alteration has a cost consequence that could alter the Proposers quotations regarding rates for Services.
5.3
Selection of Proposer.
The Proposer selected for award will be the Proposer whose Proposal, as
presented in response to this RFP and as determined by the Company in accordance with the evaluation criteria set
forth in Section 5.5, to be the most advantageous to the Company. Proposers acknowledge that the Company is not
bound to accept the lowest-priced Proposal.
5.4
Evaluation of Proposals. Company personnel, including personnel who serve on the Selection
Committee, will evaluate proposals. Submission of a Proposal indicates the Proposers acceptance of the evaluation
process set forth in this RFP and the Proposers acknowledgement that subjective judgments must be made by the
Company in regard to the evaluation process.
5.5
Criteria for Evaluation. Evaluation of Proposals and award to the Selected Proposer will be based on
the following factors, as weighted (optional) and listed below (the criteria can be modified to reflect the needs of the
proposal):
Rates for Services quoted
Demonstrated ability of the Proposer to fulfill current and predicted Company needs
Stability and success of the Proposer's business profile
Quality Control measures implemented and maintained by the Proposer
Warranties and/or guarantees regarding Services
5.6
Consideration of Additional Information. The Company reserves the right to ask for and consider any
additional information deemed beneficial to the Company in evaluation of the Proposals.

SECTION SIX
INSURANCE (To be reviewed by Risk Management)
6.1
Required Coverage.
For the duration of the agreement, for all renewal terms, and for purposes of
indemnification obligations that are specified to survive termination or expiration of the agreement, Proposer shall
obtain, at its sole expense and at no cost to the Company, the following coverage and shall maintain such coverage
in full force and effect:
A.

Workers' Compensation. Workers' Compensation covering all individuals who provide Services
pursuant to the agreement at the request of the Proposer, at the statutory limits in effect as of the
Effective Date of the Contract and as modified from time to time by the regulatory body or
insurance carrier charged with administering Workers' Compensation for the State;

B.

Commercial General Liability. Commercial General Liability, including operations,


Contractual liability, and products liability in the combined single limit of not less than one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate;

C.

Automobile Liability.
Comprehensive Automobile Liability Insurance in the combined single
limit of not less than one million dollars ($1,000,000); and

D.

Employer's Legal Liability. Employer's Legal Liability in amounts of not less than five hundred
thousand dollars ($500,000) per accident, five hundred thousand dollars ($500,000) for disease
(policy limit), and $500,000 for disease (per person).

6.2
Effect of Indemnification Obligations.
No provision, term, or condition in the Contract regarding
indemnification obligations shall be construed to limit the application of insurance procured by the Proposer in
accordance with requirements set forth in the Contract.
6.3
Additional Named Insured, Subrogation. With the exception of the Workers' Compensation policy, the
Company shall be an additional-named insured on all policies, and subrogation against the Company must be
waived.
6.4
Certificates of Coverage. At least thirty (30) days prior to the Effective Date of the Contract and at least
thirty (30) days prior to the commencement of any renewal Term of the Contract, the Proposer shall furnish the
Contracting Office with certificates of insurance in a form acceptable to the Company's Risk Manager, certifying
that the Proposer carries the required insurance polices and coverage. The certificates shall be sent to the
Contracting Office, at the address or fax number listed previously in the RFP.
6.5
Notification of Cancellation.
Each insurance policy shall contain a covenant by the insurance
company issuing the policy that the policy will not be modified or canceled unless thirty (30)-days' prior written
notice of modification or cancellation is given to the Company's Contracting Office. In the event the Proposer
receives notice of modification or cancellation of any of the policies required under the Contract, then, prior to the
effective date of modification or cancellation of the policy, the Proposer shall obtain a policy of insurance affording
the required coverage from an insurance carrier acceptable to the Company's Risk Manager. If the Proposer fails to
obtain such an insurance policy, the Company may immediately terminate the Contract without further notice to the
Proposer.

SECTION SEVEN
GENERAL TERMS AND CONDITIONS
7.1
Initial Term; Renewal Terms.
The Company anticipates an initial term of: (Terms of agreement should
be no longer than ten years; a base five (5) year term with an additional five one (1) year renewables. A term of
agreement is generally signed for a minimum three (3) year term) Any term longer than four years will require Board
approval.
7.2

Termination. The Contract may be sooner terminated on the first to occur of the following:
A. Termination without Cause. In the event either the Company or the Proposer shall, with or without cause,
at any time give to the other at least 60 days advance written notice, the Contract shall terminate on the
future date specified in such notice.
B. Mutual Agreement. In the event the Company or the Proposer mutually agree in writing, the Contract
may be terminated on the terms and date stipulated in the writing.
C. Termination by Default. In the event either Party shall give notice to the other that the other Party has
substantially defaulted in the performance of any obligation under the Contract, and the default has not
been cured within 10 business days following the receipt of such notice by the Party alleged to be in
default, the Party giving notice shall have the right to terminate the Contract immediately, upon the close
th
of Company business, or at 5p.m., Central Standard Time on the 10 business day after notice was
received.
D. Termination for Insolvency, Bankruptcy, Assignment to Creditors. The Company may, without further
notice, terminate this Agreement immediately if the Proposer (i) petitions for reorganization under the
Bankruptcy Code or is adjudged bankrupt; (ii) becomes insolvent or a receiver is appointed due to the
insolvency; or (iii) makes a general assignments or sale of its assets or business for the benefit of
creditors.
E. Funding Out. The Company shall have the right to cancel this contract at the end of the then current
fiscal period if funds are not allotted for the next fiscal year to continue this contract. The Company may
effect such cancellation by giving the Proposer written notice of its intention to cancel not less than thirty
(30) days prior to the end of the then current fiscal period, stating its reasons for cancellation. Upon
cancellation of this contract as provided in this section 7.2.E, the Company shall not be responsible for
the payment of any services received which occur after the end of the current contract period.

7.3
Requirements for Recordkeeping. The Proposer shall maintain records generated pursuant to Services
rendered in accordance with the Contract for a period of at least four (4) years after submission of the last accounting
report date on which Services were rendered, or until final resolution of any proceedings arising out of the Contract,
whichever date is later in time.
7.4
Indemnification by the Proposer. The Proposer agrees to and shall indemnify and hold harmless the
Company System its and their Board, officers, agents, employees, and personnel, from and against claims arising out
of or attorneys fees and for general conduct, whether based upon Proposer, employment, apparent Proposer, joint
venture, partnership, or any other legal theory by which liability is adjudged against Company for the acts, intentional
acts, omissions, negligence, or gross negligence of the Proposer and/or any personnel or individuals providing
Services on behalf of the Contractor pursuant to the Contract. The indemnification obligations set forth in the Contract
shall survive termination or expiration of the Contract.
7.5
Right to Inspect. The Company retains the right to examine, inspect, audit, and copy, regardless of location,
any and all documents, records, files, data, and information generated or utilized by the Proposer in the performance of
the Contract.
7.6

Definition of Terms.

A.

Contract. The term "Contract" shall mean the written agreement, if any, executed by the authorized
representatives of the Company and the Selected Proposer(s) that formalizes the terms, provisions,
covenants, and obligations, including but not limited to those contained in this RFP, of the respective
parties to the arrangement for provision of Services.

B. Company Liaison. The term "Company Liaison" shall be defined as the Director of Contracting for
purposes of this RFP.
C. Proposer's Personnel. The term "Proposers Personnel" shall mean and include any and/or all of the
following, without limitation: employees, leased employees, agents, officers, directors, staff,
independent contractors, contractors, or subcontractors, or any individuals furnished, referred, or
provided by the Proposer for purposes arising out of or related to this RFP, the Proposer's Proposal,
and the Contract, if any, that results from the award made by the Company to the Selected Proposer.
D.

Fiscal Year/Academic Year. A fiscal year begins on September 1 and ends on August 31. An
academic year starts with the first day of fall classes and ends with the last day of spring or summer
semester classes.

References
Ref: 1
Bloomberg Business (2015) Air freight and logistics. Company overview of fedex ground
package system, inc.
Retrieved from http://www.bloomberg.com/research/stocks/private/snapshot.asp?
privcapId=4191882
Ref: 2
Barry (2010). Back to basics: How to write a statement of work. Retrieved from:
http://peopleprocessandprofit.com/2010/08/25/how-to-write-a-sow/

You might also like