GRC I & II Redevelopment Request for Proposals RFP #6329697JC RFP Issue Date: January 12, 2015 Proposals Due: 2:00 PM (EST) February 6, 2015 TABLE OF CONTENTS
Contents 1. OVERVIEW OF THE OPPORTUNITY AND RFP PROCESS ...... 2 1.1. Overview of the Opportunity and RFP Process ...... 2 2. HIGHLIGHTS OF VCU & DESCRIPTION OF THE OPPORTUNITY ...... 2 2.1. Overview of Virginia Commonwealth University (VCU) ...... 3 2.2. 2020 Master Plan ...... 3 2.3. Housing Master Plan ...... 4 2.4. VCU Opportunity ...... 5 2.5. Current Housing System ...... 6 2.6. 2013-2014 Housing Rates and 2014-2015 Housing Rates ...... 7 2.7. VCU’s Goals and Objectives ...... 8 2.8. Proposed Development Sites ...... 9 3. REQUEST FOR PROPOSALS (RFP) PROCESS ...... 9 3.1. Estimated Solicitation Schedule...... 9 3.2. Pre-Proposal Conference ...... 10 3.3. Communications...... 10 3.4. Explanations and Clarifications...... 11 3.5. Modification/Acknowledgement of Solicitation Addenda...... 12 3.6. Preparation of Proposals, General...... 12 3.7. Proposal Content...... 15 3.8. Submission of Proposals...... 19 3.9. Proposal Materials – Property of VCU...... 20 3.10. Confidential Data...... 20 3.11. Late Submission and Modifications of Proposals...... 21 3.12. Withdrawal of Proposals...... 21 3.13. Proposal Evaluation...... 21 3.14. Award of Contact...... 24 3.15. Cancellation of Solicitation...... 25 3.16. Ethics in Public Contracting...... 26 3.17. Debarment Status...... 26 3.18. Protests...... 26 3.19. Required Form(s) to include Any Addenda: ...... 27 APPENDIX A ...... 29
1. OVERVIEW OF THE OPPORTUNITY AND RFP PROCESS
1.1. Overview of the Opportunity and RFP Process
A. Located in downtown Richmond, Virginia Commonwealth University (“VCU” or “the University”) is issuing this Request for Proposals (“RFP”) to solicit proposals from interested parties to enter into a public-private partnership (“P3”) agreement with VCU to develop the “first phase” of VCU’s current Housing Master Plan (“HMP”). VCU is open to evaluating all proposed options for the redevelopment of Gladding Residence Center (“GRC”) I and II that is expected to house 1,470 new beds.
B. VCU is soliciting proposals for a P3 with a partner to potentially design, build, finance, operate and/or maintain GRC I and II in a way that is consistent with VCU’s objectives and maximizes the value and utility of the development.
C. Through this solicitation process, VCU will determine if there is a feasible approach to engaging a private partner to assist VCU in developing the HMP. The private partner must demonstrate the appropriate experience, financial capacity, and proven track record of successfully executing projects similar in size and scope.
D. If VCU decides to pursue a P3, VCU reserves the right to commence negotiations with some or all of the responders to this RFP or otherwise determine the appropriate next steps to pursue a P3. Response to this RFP is a pre-requisite to participate in subsequent steps regarding the development of the HMP development.
E. Two or more entities may collaborate in submitting a response to this RFP, but a single entity must be designated to contract with VCU and be responsible for performance under any future contract.
F. Responses to this RFP must do so no later than 2:00 PM Eastern Standard Time (EST) on February 6, 2015. VCU may postpone the date on which responses are to be submitted by issuing an addendum or take any other action that it deems to be in its best interest.
G. Proposers should be prepared to respond to subsequent communications on an accelerated schedule.
2. HIGHLIGHTS OF VCU & DESCRIPTION OF THE OPPORTUNITY
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2.1. Overview of Virginia Commonwealth University (VCU)
A. Virginia Commonwealth University (“VCU”) was founded in 1838 as the medical department of Hampden–Sydney College, later becoming the Medical College of Virginia (“MCV”) in 1854. In 1968, the Virginia General Assembly merged MCV with the Richmond Professional Institute, founded in 1917, to create Virginia Commonwealth University.
B. VCU’s enrollment growth has been excellent in recent years. In 1997, VCU enrolled roughly 21,000 students and today more than 31,000 students attend VCU's 13 schools and one college. The VCU Health System supports VCU's health care education, research and patient care mission.
C. With a record $256 million in sponsored research funding in the fiscal year 2011, VCU is designated as a research university with very high research activity by the Carnegie Classification of Institutions of Higher Education. A broad array of University-approved centers and institutes of excellence, involving faculty from multiple disciplines in public policy, biotechnology and health care discoveries, supports VCU's research mission. Twenty-eight graduate and first- professional programs are ranked by U.S. News and World Report as among the best in the country.
D. As the premier urban, public research university in Virginia, VCU’s mission is to advance knowledge and student success through its commitments to:
An engaged, learner-centered environment that fosters inquiry, discovery and innovation in a global setting
Research that expands the boundaries of new knowledge and creative expression and promotes translational applications to improve human health
Interdisciplinary collaborations that bring new perspectives to complex problems and mobilize creative energies that advance innovation and solve global challenges
Health care that strives to preserve and restore health for all people, to seek the cause and cure of diseases through groundbreaking research and to educate those who serve humanity
Diversity that provides a climate of inclusion, a dedication to addressing disparities wherever they exist and an opportunity to explore and create in an environment of trust
Sustainable, university-community partnerships that enhance the educational, economic and cultural vitality of the communities VCU serves in Virginia and around the world.
2.2. 2020 Master Plan
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A. VCU is currently in the middle of its strategic plan, Quest for Distinction (“Quest”). The guiding principles of Quest have been an abiding focus on student success at all levels, unparalleled innovation through research, a University wide commitment to human health, and engagement and empowerment in the communities VCU serves.
B. Since 2011, Quest has moved from announcement into implementation to further fortify VCU’s vision as the nation’s premier urban, public research university focused on student success. It does so with a renewed focus on how VCU will pursue excellence at every level even in the face of dwindling resources and increasing calls for accountability and demonstrable value for higher education. To that end, VCU looks at its university-level initiatives to help meet performance targets. While its themes and goals are the framework for the strategic plan, the initiatives are the ways in which VCU can make that framework a reality.
C. VCU has demonstrated its intellectual and creative mettle to achieve its strategic plan. In a difficult economic climate, VCU strengthened its position as a top-ranked urban, public research university and earned “Research University, Very High Research Activity” status, as well as Community Engagement Classification from the Carnegie Foundation, one of only 28 national public research universities with academic medical centers that hold both distinctions. VCU will continue to strive toward improving its placement in the “Top American Research Universities” annual report from The Center for Measuring University Performance, and will hold itself accountable to the highest of standards in teaching, research and service.
D. Quest for Distinction provides a strategic framework for capitalizing on the outstanding assets that form the VCU experience — a commitment to educational quality, an environment that embraces diversity, an evolving research program with substantial increases in extramural funding, pre- eminent programs, an engaged community and an alumni base that is more involved than ever. VCU’s limited resources have been tied to implementing and achieving the aspirations outlined in Quest for Distinction, moving the needle quickly. In short, VCU is no longer doing more with less but rather doing what is important better.
E. Quest for Distinction embodies VCU’s dedication to advancing knowledge and student success — a dual commitment that is exceptional among research universities. VCU’s quest is to continue its rise as one of the nation’s premier public research universities.
2.3. Housing Master Plan
A. As VCU continues to grow as an institution, it has developed a Housing Master Plan (“HMP”) to meet the current and future needs of its students. The HMP consists of six key projects:
Project 1* – Gladding Residence Center Redevelopment (Completed Summer 2018) o 857 beds demolished o 1,470 new beds (840 traditional; 630 semi-suite)
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Project 2 – Johnson Hall Renovation (Completed Summer 2020) o 121 beds lost to decompression o 397 beds renovated
Project 3 – New Residence Hall on Grace Street (Completed Summer 2025) o 810 new beds
Project 4 – Rhoads Hall Renovation (Completed Summer 2026) o 857 beds lost to decompression o 507 beds renovated
Project 5 – Brandt Hall Renovation (Completed Summer 2027) o 110 beds lost to decompression o 512 beds renovated
Project 6 – Cabaniss Hall Renovation (Completed Summer 2028) o 184 beds lost to decompression o 171 beds renovated
B. *Only Project 1 is the scope defined in this RFP. This date is flexible and open to possible adjustments related to changing conditions (such as land availability, funding, politics, enrollment growth, etc.) over the course of the plan.
2.4. VCU Opportunity
A. VCU is offering potential partners a distinctive opportunity to partner with a leading Atlantic-10 institution to design, build, finance, and possibly maintain campus housing, consistent with VCU construction standards and HMP considerations. VCU anticipates a relationship with a potential private partner to be long-term, beneficial to both parties, and fully aligned and incentivized to accomplish VCU’s objectives.
B. Due to the significant costs of renovating GRC I and II to address deferred maintenance issues and the desire for additional capacity for lower division housing on the Monroe Park Campus, GRC I and II have been identified by VCU for redevelopment. They will be replaced at a higher density with living facilities that have appropriate unit and hall configurations to support the mission and vision of Residential Life and Housing.
C. The redevelopment of GRC I and II will require the demolition of both buildings, 2,327 (857 & 1470 respectively) beds to be replaced in 1-2 buildings. The new residences would provide a
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comfortable, safe and secure residential environment with amenities comparable to peer institutions and serve as an environment to support students’ academic success.
2.5. Current Housing System
A. VCU’s current housing system is comprised of the following facilities:
Hall Eligibility Capacity* Year Built Brandt Hall Freshman 622 2005 GRC I Freshman and Upperclassmen 495 1979 GRC II Freshman 362 1982 GRC III Freshman 172 2003 Freshman and Upperclassmen admitted to 1977 Honors College 177 the Honors College Johnson Hall Freshman 518 1915 Rhoads Hall Freshman 699 1968 Ackell Residence 2001 Upperclassmen 394 Hall Broad & Belvidere Upperclassmen 487 2003 Grace & Broad Upperclassmen 397 2015 Cary & Belvidere Upperclassmen 407 2009 West Grace North Upperclassmen 384 2013 West Grace South Upperclassmen 457 2012 MCV Campus - 1967 Freshman and Upperclassmen 424 Cabaniss MCV Campus - Graduate and Undergraduate students from 1958 262 Low-rises Monroe Park and MCV Campus Bear Hall 60 1958 Warner Hall 64 1958 Rudd Hall 70 1958 McCraw Hall 68 1958 Total VCU Housing 6,257 *Capacity based upon 2015-2016 projections and increasing use of all available space to meet housing demand.
B. For additional housing information please visit VCU’s Residential Life & Housing site at http://www.housing.vcu.edu/.
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2.6. 2013-2014 Housing Rates and 2014-2015 Housing Rates Below are VCU’s on-campus rates for the Fall 2013 – Spring 2014 school year and the Fall 2014 – Spring 2015 school year.
Residential Life & Housing Rates Information
9-Month Contracts
Location 2013-14 Full 2014-15 Full Style Occupancy Academic Academic Year Year Brandt Hall $6,615 $6,814 Suite Double Cabaniss Hall $5,215 $5,272 Traditional Double Cabaniss Hall $6,161 $5,998 Traditional Single GRC I Apartments $7,065 $7,278 Apartment Single GRC I Apartments $5,966 $6,098 Apartment Double GRC II Suites $5,454 $5,598 Suite Double GRC III Suites $6,390 $6,582 Suite Double GRC III Suites $7,110 $7,324 Suite Single (4 person) GRC III Suites $7,524 $7,750 Suite Single (2 person) Honors College $7,524 $7,750 Traditional Single Johnson Hall $4,866 $4,988 Traditional Triple Johnson Hall $5,274 $5,432 Traditional Double Johnson Hall $5,842 $5,998 Traditional Single MCV Campus Low-Rises $6,970 $6,998 Traditional Single MCV Campus Low-Rises $5,215 $5,272 Traditional Double Rhoads Hall $5,274 $5,432 Traditional Double Rhoads Hall $4,866 $4,988 Traditional Triple
12-Month Contracts
Location 2013-14 Full 2014-15 Full Style Occupancy Academic Academic Year Year Ackell Residence Hall $7,931 $8,172 Apartment Single (4 person) Ackell Residence Hall $8,902 $9,168 Apartment Single (2 person) Broad & Belvidere $7,931 $8,172 Apartment Single (4 person) Apartments Broad & Belvidere $8,159 $8,400 Apartment Single (3 person) Apartments Broad & Belvidere $8,902 $9,168 Apartment Single (2 person) Apartments
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Broad & Belvidere $9,159 $9,432 Apartment Single (1 person) Apartments Cary & Belvidere $8,216 $8,376 Apartment Single (4 person) Apartments Cary & Belvidere $9,116 $9,384 Apartment Single (2 person) Apartments West Grace North $7,020 $7,188 Apartment Double (4 person) Apartments West Grace North $8,220 $8,376 Apartment Single (4 person) Apartments West Grace North $9,116 $9,384 Apartment Single (2 person) Apartments West Grace North $9,900 $9,900 Apartment Single (1 person) Apartments West Grace South $7,020 $7,188 Apartment Double (4 person) Apartments West Grace South $8,220 $8,376 Apartment Single (4 person) Apartments
2.7. VCU’s Goals and Objectives
A. VCU seeks a private partner who will design, build, finance, and possibly operate and/or maintain a redeveloped GRC I and II. For this project, overall University goals include:
GOAL 1: Providing new housing for VCU students with rates and student contracts that are competitive to current existing housing.
GOAL 2: Utilizing current industry best practices on community and freshman living, as well as what VCU currently offers freshman students in its traditional and semi-suite dorms, in the design of GRC I and II.
GOAL 3: Structuring the project in a manner that minimizes, as much as possible, the impact on VCU’s debt capacity/credit and any University provided financial support.
GOAL 5: Performing the operations and maintenance of the facilities, at or above University requirements, should the University outsource those functions.
GOAL 6: Seamlessly incorporating VCU housing’s student life programming at the facilities.
B. Financial: VCU recognizes that there are many financial structures available for P3 agreements and is interested exploring all available financial structures for this project. Additionally, VCU is aware that certain projects and structures may require financial support from VCU. However,
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VCU seeks to minimize the level and term of any potential financial contribution or guarantee it will dedicate to the project.
2.8. Proposed Development Sites
As outlined in this RFP, VCU has identified GRC I & II to be redeveloped. A map of this site is above. VCU Residential Life and Housing, within the Division of Student Affairs completed a HMP after depth analysis that included coordination of a facilities condition assessment, market demand study, financial analysis, and evaluation of current program spaces. VCU retained the services of Ayers Saint Gross for this project who worked with Brailsford & Dunlavey and BCWH Architecture for completion of the HMP.
3. REQUEST FOR PROPOSALS (RFP) PROCESS
3.1. Estimated Solicitation Schedule.
A. The following is the anticipated RFP Schedule. VCU may, in its sole discretion, change this schedule at any time. If VCU changes dates in the schedule before contract award, it will issue an addendum to this RFP. It is each prospective Proposer’s responsibility to check with VCU for current information regarding this RFP and the solicitation schedule.
EVENT DATE Release of this RFP 01/12/2015 Deadline to submit questions for Pre-Proposal Conference 01/21/2015 Pre-Proposal Conference 01/28/2015 Final deadline for all questions 01/30/2015
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RFP responses due 02/06/2015 Selection of qualified parties 02/20/2015 Discussions with selected qualified parties about the project 02/13-04/24/2015 Due diligence by qualified parties Negotiations 04/24-05/29/2015 Finalist selected 06/1-06/12/2015 Complete negotiations with finalist
B. Further details on the schedule may be provided in the subsequent phases of the procurement process.
3.2. Pre-Proposal Conference A. An optional pre-proposal teleconference will be held at:
2 PM January 2 2
The purpose of the conference is to allow Proposers an opportunity to ask questions and obtain clarification relative to any facet of this solicitation. The deadline to submit questions to Jackie Colbert, [email protected], is January 21, 2015 at 5:00 PM EST.
B. While participating at this teleconference is optional, Proposers who intend to submit a proposal are highly encouraged to attend and to have a copy of the solicitation to reference. Any questions and answers that are presented during the conference or any changes to the solicitation resulting from this conference will be issued in a written addendum to the solicitation.
C. Proposers may participate in the pre-proposal conference only via conference call. Dial in information is below:
Dial-In” numbers: 866-842-5779 (United States and Canada) 832-445-3763 (International) Conference Code # 8415263709, Enter when prompted followed by the # sign. “Dial-In” at the scheduled date and time.
3.3. Communications.
A. Throughout the procurement process, Proposers may “only” have contact with the VCU Procurement Official identified elsewhere in the RFP. Discussions or communications regarding this RFP with any other individuals associated in any capacity with VCU, its consultants,
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contractors or members of its Board of Visitors, are prohibited, unless otherwise approved in writing by the Procurement Official.
B. Discussions or communications with any other person, regardless of the format, could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of University's procurement process.
C. “Proposers” includes subcontractors at all levels and joint venture members, where applicable.
D. Proposers shall provide immediate written notice to the Procurement Official any time contact has not been limited to VCU’s Procurement Official concerning this solicitation, whether initiated by the Proposer or by other VCU employees, consultants, contractors or members of its Board of Visitors.
E. Any violation of this prohibition may result in the disqualification of the Proposer from further participation in this procurement, and from award of any contract or subcontract under this solicitation. Proposers shall be required to include in its Proposal response a certification associated with this communication requirements (See Appendix 4).
F. The Procurement Official for this procurement is:
Jackie Colbert Category Manager, Contract Officer Virginia Commonwealth University (804) 828-0163 [email protected]
3.4. Explanations and Clarifications.
A. Any explanation or clarification desired by a Proposer regarding the meaning or interpretation of any part of this solicitation must be submitted in writing (by mail, email or facsimile) with a clear cross-reference to the relevant RFP section to the Procurement Official and with sufficient time to prepare an appropriate response.
B. Written requests for explanations or clarifications can be submitted at any time; however, it is VCU’s preference to receive requests by 5:00 PM EST on January 21, 2015 in advance of the pre- proposal conference. VCU will continue to accept requests for explanations or clarifications following the conference, however, requests that are received within seven (7) days of the Proposal deadline may not be considered and VCU is under no obligation to address them.
C. Written Explanations or clarifications provided to a Proposer concerning an interpretation of the solicitation will be furnished to all Proposers in an addendum to the solicitation, if such Virginia Commonwealth University – Request for Proposals #6329697JC Page 11
information is necessary in submitting Proposals or if the lack of such information would be prejudicial to uninformed Proposers.
D. Oral explanations or clarifications given before the award of any contract, at any pre-proposal conferences or otherwise, do not serve to modify the solicitation and will not be binding on VCU.
3.5. Modification/Acknowledgement of Solicitation Addenda.
A. VCU reserves the right to modify the solicitation. If it is amended, then all terms and conditions which are not modified remain unchanged.
B. When the solicitation is modified, the Procurement Official shall post a solicitation “addendum” on VCU’s “eVA,” the Commonwealth of Virginia procurement portal which is located at http://www.wva.virginia.gov. Proposers are responsible for appropriately registering in eVA; otherwise they will not receive notification of, nor be able to access, solicitation addenda. VCU is under no further obligation to ensure that Proposers receive addenda.
C. Proposers shall acknowledge receipt of any addendum to this solicitation to the Procurement Official by signing and returning the addendum with the proposal or separately, however, the Procurement Official should receive acknowledgment of addenda by the time and at the place specified for receipt of Proposals.
D. Failure of a Proposer to acknowledge receipt of material addenda may result in rejection of the Proposal as non-responsive.
3.6. Preparation of Proposals, General.
A. Examine the Entire Solicitation. Prior to submission of Proposals, Proposers are expected to thoroughly examine all provisions of and Attachments/Appendices to the solicitation, whether incorporated by reference or otherwise. Failure to do so will be at the Proposer's risk and will not be a basis for the Proposer to request relief of any kind prior to or after contract award.
B. Exceptions to Solicitation. If the Proposer cannot accept VCU’s terms and conditions, the Proposer shall raise their exceptions in writing as specified in the “Explanations & Clarifications” provision, above, and VCU will address them in the form of an addendum to the RFP. It is VCU’s sole discretion as to whether or not it will accept or deny any exceptions raised by Proposers. Exceptions to the RFP General Terms and Conditions or Special Terms and Conditions should be submitted with the proposal or any exceptions may not be considered.
C. Furnish Information. Proposers shall furnish all information required by the Solicitation. Unnecessarily elaborate Proposals or lengthy presentations are not desired or required; however, Proposals should be clear, concise, and include sufficient detail for effective evaluation. The
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Proposer is cautioned that it is the Proposer's sole responsibility to submit information related to the evaluation categories, and that VCU is under no obligation to solicit such information if it is not included in its Proposal. Failure by the Proposer to submit such information may cause an adverse impact on the evaluation of its Proposal.
D. General Format.
Proposals shall not exceed 35 one-sided pages.
The page account includes charts, graphs, pictures, tables, VCU forms and submittals, etc.
The page count excludes the proposal cover sheets (back and front), blank sectional/numerical dividers, VCU forms, and any table of contents. It also excludes resumes of key personnel, which should be appended at the end of the proposal response.
Erasures or other changes must be initialed by the person signing the Proposal.
Proposals signed by an agent of the Proposer (other than an officer or a partner) should be accompanied by evidence of the agent's authority (unless such evidence has been previously furnished to VCU).
Proposal documents shall be prepared in single-spaced type, on 8-1/2" x 11" pages. Pages shall be numbered to show the page number and total number of pages in the Proposal (e.g., Page 1 of 15, Page 2 of 15, etc.).
To provide uniformity and to facilitate comparison of Proposals, all information submitted should clearly refer to the page number, section, or other identifying reference in this RFP. All information submitted must be noted in the same sequence as its appearance in this RFP.
All names and applicable titles shall be typed and printed where indicated on the various documents. Required entries on all Proposal documents shall be typed using black ribbon, printed using dark printer ink, or legibly written in dark ink (no pencil).
E. Required Signatures. All Proposals must be signed by an individual authorized to extend a formal Proposal. Proposals that are not signed may be rejected. By signing the Proposal, the Proposer certifies compliance with the signature authority required. If the Proposal is submitted on behalf of:
an individual, sole proprietorship, or a Proposer operating under a trade name, the Proposal shall be signed by that individual;
a partnership, the Proposal shall be executed in the partnership name and signed by all partners or by a managing partner accompanied by evidence of that partner’s ability to
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sign for the partnership. The official address of the partnership shall be shown below the signatures;
a corporation, the Proposal shall be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by the evidence of that officer’s authority to sign for the corporation); or
a joint venture or other type of teaming arrangement, the Proposal shall list the names of all of the joint venture or teaming arrangement members, and each member’s official mailing address. It shall be executed by all of the members in the same manner as if they were individually submitting a Proposal. The signature portion of the Proposal form shall be altered as appropriate for execution by the joint venture or teaming arrangement.
F. Alternate Approaches. Proposers may offer more than one suggested solution. All alternative approaches must comply with the requirements of the RFP except that additional solutions proposed may incorporate, by reference, repetitive information which is provided in the initial approach.
G. Trade Secrets or Other Confidential Information. Proposers may clearly mark each page of the Proposal that contains trade secrets or other confidential commercial or financial information, which the Proposer believes should not be disclosed outside VCU. However, disclosure of requested information can only be protected to the extent permitted under Virginia law.
H. Use of Subcontractors. If the Proposer intends to use subcontractors to perform any portion of the work described in this RFP, the Proposal must clearly state so. VCU is placing increased emphasis on its SWaM (Small, Women, and Minority Owned) business program and is interested in identifying any potential opportunities that may be available to engage SWaM vendors certified by the Virginia Department of Small Business and Supplier Diversity (DSBSD) through new or existing contracts. Please identify any such opportunities that your firm would commit to if awarded this contract. The Proposer’s response must include a description of which portion(s) of the work will be sub-contracted out and the names and addresses of potential subcontractors under the Contract.
I. Proposal Preparation Costs. VCU shall not be liable for any costs incurred by a Proposer in responding to this RFP, regardless of whether VCU awards the Contract through this process, cancels this RFP for any reason, or contracts through another RFP or another process.
J. Errors and Omissions. The Proposer is expected to comply with the true intent of this RFP taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Proposer suspect any error, omission, or discrepancy in the scope of work or other portions of the RFP, the Proposer shall immediately notify VCU, in writing, and VCU shall issue written instructions to be followed. The Proposer is responsible for the contents of its Proposal and for satisfying the requirements set forth in the RFP.
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K. Firm Offer Period. Offers must be kept firm for acceptance by VCU for at least one hundred eighty (180) days after the date that Proposals are due. Proposals with acceptance periods of less than one hundred eighty (180) days may be considered non-responsive. The Proposer may specify a longer period than indicated here. If the Proposer indicates no time period for acceptance, the Proposal will be considered firm for one hundred eighty (180) days and thereafter until written notice to the contrary is received.
3.7. Proposal Content.
A. General. Technical Proposals shall be submitted in sealed envelopes or cartons clearly marked “Technical Proposal”. Financial Proposals shall be submitted in a separate, sealed envelopes or cartons clearly marked “Financial Proposal.” Both parts may be submitted together, provided they are clearly separated and identified. See the “Submission of Proposals” section of this RFP for other instructions concerning submittals.
B. Technical & Financial Proposals. Proposers are required to submit:
one (1) original hard copy (paper) document of the Technical Proposal and the Financial Proposal, including all attachments and proprietary information. The original proposals must be clearly marked on the outside of the proposal,
one (1) unsecured, electronic copy (on a disc or flash drive) of the Technical proposal and the Financial proposal including all attachments and EXCLUDING ANY PROPRIETARY INFORMATION,
one (1) unsecured, electronic copy (on a disc or flash drive) of the Technical proposal and the Financial proposal including all attachments and INCLUDING ANY PROPRIETARY INFORMATION. This disc or flash drive must be clearly marked on the outside that it excludes or includes proprietary information. The original copies of the RFP are for Purchasing, and
seven (7) hard (paper) copies of the Technical proposal and the Financial proposal, including all attachments and proprietary for evaluator use.
C. Technical Proposal Format. Technical Proposal documents shall be organized in the Sections outlined below. These sections represent the minimum amount of information required by VCU. Proposers are encouraged to add content if needed; however, unnecessarily elaborate Proposals are discouraged. A blank page should precede each Section with an index tab that identifies the appropriate Section.
Section 1 Introductory Information Section 2 Key Personnel Virginia Commonwealth University – Request for Proposals #6329697JC Page 15
Section 3 Development Experience Section 4 Financial Capability Section 5 Capital Improvements Experience Section 6 Student Services Experience Section 7 Operations and Maintenance Experience Section 8 Approach Section 9 Relevant Experience Section 10 References Section 11 Exceptions including any to the RFP General Contract Terms and Conditions or Special Terms and Conditions in Appendix A. Section 12 Proposed Use of Subcontractors with Emphasis on Certified SWaM’s Subcontractors
Section 1: Introductory Information. In this section include information of an introductory nature. Include at a minimum:
1. Introduction & Team Information
Provide a description of the proposing team, including a description of all team members and the anticipated legal relationship (governance and capital structure) among the team members (e.g., partners, shareholders, client-consultants, subcontractors, etc.) as appropriate. All equity investors should be identified.
Controlling interest: Identify the individuals or companies who hold a major or controlling interest in each team.
Expected third-party advisors: Identify the companies and individuals who are expected to act as legal, financial, or other advisors for the team.
Operator: If applicable, specifically identify the entity or entities that will act as operator under any proposed concession or lease agreement.
Primary business experience, length of time in business, office locations, specific location of the principal office from where VCU’s work will be performed and any other information of an introductory nature.
The Proposer’s name, address, telephone number, fax number, email address and website.
2. Contact: Provide a single contact person for all future communication between VCU and the team. Please identify the contact person’s name, title, organization, address, telephone number, fax number and e-mail address.
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3. VCU Forms & Submittals. Place all required VCU forms and submittals in this section.
Section 2: Key Personnel.
At a minimum, provide the names and describe the roles of key personnel.
Section 3: Development Experience.
Teams must provide evidence demonstrating their ability to develop a project of this size and scope. Specifically, the Team should have:
1. Strength and experience developing projects of comparable scale and complexity, particularly in urban settings;
2. Experience developing projects delivered pursuant to alternative delivery methods (e.g., design-build-operate/maintain, design-build-finance, design-build-finance- operate/maintain, etc.); and
3. Experience developing multi-use projects delivered on time and within budget, while accommodating the needs of multiple stakeholders.
Section 4: Financial Capability
1. Financial capacity: Teams must demonstrate their financial capacity to develop [and maintain] the project over the term of the agreement. To demonstrate sufficient financial capacity, team members must provide copies of audited financial statements for the past three years together with any other relevant financial information (financial statements may be submitted electronically). If audited financial statements cannot be provided, team members should provide enough financial information to demonstrate that they have the financial resources to successfully execute a project of this nature and scope.
2. Ability to raise financing: Teams must provide specific evidence demonstrating their ability to raise financing for a project of this nature and scope. Specific factors that will be assessed include:
Capability of raising debt and equity in the current capital market; The number and size of past relevant college or university transactions; Specific experiences on past relevant college or university transactions.
3. Financing Structure: VCU is seeking a partner who can offer a creative alternative financing for the projects outlined in this RFP. Please identify specific financing structures
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your firm believes would be best fit for this project, with detail on how they accomplish VCU’s goals and objectives.
Section 5: Capital Improvements Experience Teams must demonstrate their ability to efficiently undertake required capital improvements to the asset during the term of the proposed lease agreement.
Section 6: Student Services Experience If appropriate, teams should demonstrate their commitment to achieving the highest standards of student service and satisfaction. Specifically, the team must highlight its experience and qualifications providing excellent customer service to college or university students. Teams may at their option include additional information concerning their experience in maintaining productive ongoing relationships with colleges or universities, similar to the relationship that the winning operator may have with VCU.
Section 7: Operations and Maintenance Experience If appropriate, teams should provide evidence demonstrating their ability to operate and maintain a project of this nature and scope. Specifically, the team should highlight:
1. Substantial college or university facility maintenance and operation experience;
2. Advanced knowledge of campus facilities maintenance, repair, construction, and practical application of equipment and materials in facility operations;
3. Demonstrated understandings in facility aging behavior to assess and determine the applicability of remedial maintenance action;
4. All capabilities necessary to successfully maintain the asset including routine maintenance, operations, management and operations.
Section 8: Approach Based on VCU’s current HMP, describe a feasible project approach. Discuss how you will advance the project’s requirements, build on work completed to date, or otherwise add distinctive value to VCU. Include an indicative project schedule depicting key milestones, durations, and dependencies tied to a proposed completion date, which will be determined at a later time.
Additionally, please provide key business terms and detail on your proposed financing plan and approach that meets VCU’s objectives. Clearly outline the role your team expects to play in the long term development of the project outlined in this RFP.
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Section 9: Relevant experience Provide a list of at least three (3) comparable projects in which team members have participated. Proposers should specify how these comparable projects relate to the proposed project outlined in this RFP. Case studies should include brief project descriptions and a statement regarding the duration of your financial and operational involvement with each project following completion. Project examples should include capital budget information and design elements. VCU is most interested in seeing projects which you conceptualized, financed, and constructed from the ground up, especially with other University master plans.
Section 10: References For each project above, please provide a reference that is familiar with your firm’s work throughout the project. Please provide references in the following format:
Institution/Company Institution/Company Institution/Company Name Name Name Title Title Title Phone Phone Phone E-mail E-mail E-mail
Section 11: Exceptions. If the Proposer cannot accept VCU’s requirements then they shall raise their exceptions in writing to the Procurement Official, as specified in Explanations and Clarifications provision above, and the Procurement Official will attempt to address them in the form of an addendum to the RFP. If the Proposer’s concerns are not adequately addressed by the Procurement Official, Proposers shall include any unresolved exceptions in this section of the Technical Proposal. Proposers are cautioned that if VCU is unable to finally accept the exceptions, as stated, the Proposal may be subject to rejection.
Section 12: Use of Subcontractors If the Proposer intends to use subcontractors to perform any portion of the work described in this RFP, clearly state so. VCU is placing increased emphasis on its SWaM (Small, Women, and Minority Owned) business program and is interested in identifying any potential opportunities that may be available to engage SWaM vendors certified by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Please identify any such opportunities that your firm would commit to with certified SWaM’s businesses, if awarded this contract. Include a description of which portion(s) of the work will be sub-contracted out and the names and addresses of potential subcontractors under the Contract. 3.8. Submission of Proposals.
A. Deadline for Receipt of Proposals. The deadline for receipt of Proposals is Friday, February 6, 2015, at 02:00 PM, Eastern Standard Time (“EST”).
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B. Proposer’s Agreement. By Proposal submission, Proposers agree to all requirements, terms and conditions contained in the RFP. Mandatory requirements in the RFP are designated by the words shall or must and non-mandatory requirements are designated by the words should or may.
C. Packaging and Delivery.
Proposals and modifications thereof shall be enclosed in sealed envelopes or sealed cartons and submitted to VCU’s Procurement Official at the address specified below.
The Proposer shall show the hour and date specified in the RFP for receipt of Proposals, the solicitation number, and the Proposer's name, address, and telephone number on the face of each envelope or carton.
Telegraphic Proposals and modifications (i.e., facsimile or email) will not be considered; however, Proposals may be withdrawn by written or telegraphic notice, provided such notice is received prior to the hour and date specified for receipt of Proposals.
The delivery address is:
Virginia Commonwealth University Attention: Jackie Colbert 912 W. Grace St., 5th Floor POB 980327 Richmond, Virginia 23298-0327
The Proposer remains solely responsible for insuring that its Proposal is received before the time and date due, at the appropriate delivery address. Late Proposals will be returned unopened (see the Late Submission and Modifications of Proposal paragraph, below).
3.9. Proposal Materials – Property of VCU.
The Proposal material submitted in response to the RFP becomes the property of VCU upon delivery to the Procurement Official and may be appended, if necessary, to any formal document which would further define or expand the contractual relationship between VCU and the Contractor. All of the material will be considered as part of this RFP.
3.10. Confidential Data.
If applicable, the outside of the proposal must be marked to denote proprietary information is contained in the documents. Written notice of proprietary information must be submitted as the first Virginia Commonwealth University – Request for Proposals #6329697JC Page 20
page of the proposal. Notice must specifically identify the applicable portions of the proposal that contains data or materials to be protected and state the reasons why protection is necessary. In addition, the specific (i.e. specific words, figures or paragraphs) proprietary or trade secret material submitted must be identified on the applicable page(s) within the proposal, by some distinct method, such as highlighting, underlining, etc. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection and return of the proposal. Disclosure of requested information will be determined in accordance with Virginia law.
3.11. Late Submission and Modifications of Proposals.
A. It is the responsibility of the Proposer to submit the Proposal by the due date and time for the RFP. The official date and time used in receipt of proposals is the time on the clock or automatic time stamp in the Department of Procurement Services. Any Proposal received after the exact time specified for receipt will not be considered and will be rejected.
B. Any modification of a Proposal, except a modification resulting from the Procurement Official’s request, is subject to the same conditions above.
C. Any modification of a Proposal should be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior Proposals, and resubmitted to the Procurement Official as required pursuant to this RFP.
D. A modification resulting from the Procurement Official’s request for a "best and final" offer received after the time and date specified in the request may not be considered unless received before award, and the late receipt is due solely to mishandling by VCU.
3.12. Withdrawal of Proposals.
Proposals may be withdrawn by written notice to the Procurement Official before the deadline established for receipt of Proposals. If withdrawn in writing, withdrawals must be made on company letterhead and signed by an authorized representative of the Proposer. Proposals may only be withdrawn by the Proposer’s authorized representative, provided the identity of the person requesting withdrawal is established and the person signs a receipt.
3.13. Proposal Evaluation.
A. General. Upon receipt, all proposals will be reviewed for completeness in accordance with the submission requirements. VCU’s review of each submittal will be based upon the information provided in your response, additional information requested by VCU, information obtained from references and independent sources, and formal presentations if requested. After reviewing all
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submittals, VCU may select a group of qualified parties to proceed in subsequent phases of this RFP.
Qualified parties will be provided with additional information concerning a potential development in the subsequent phases of this proposal process and may also be asked to submit preliminary, non-binding proposals for evaluation. In future phases of procurement, selected parties will have the opportunity to conduct due diligence of the property through:
Management interviews, presentations, site visits or other events relevant to the services solicited in this RFP.
Review and discussion of the proposed business terms that will form the relationship between VCU and the partner.
Engage in oral or written discussions with VCU and its financial advisor. Discussions may be conducted for the following purposes:
Informing firms of deficiencies in their initial proposals;
Notifying firms of parts of their proposals for which VCU would like additional information;
Solidifying the scope of work to be included in final proposals; or
Otherwise allowing firms to develop revised proposals that will allow VCU to obtain the best value proposal based on the requirements set forth in this RFP. The conditions, terms, or price of the proposal may be altered or otherwise changed during the course of the discussions.
Following this due diligence process, detailed concept design, detailed financial proposals and additional information may be required in accordance with procedures and evaluation criteria to be provided to qualified Proposers in subsequent phases of this RFP.
If, after completion of the process, an award is not made, VCU may add an additional stage of evaluation using any of the methods outlined in the second stage evaluation above.
B. No Public Opening. Proposals shall not be publicly opened. Upon receipt of Proposals, the Procurement Official will initiate the evaluation and selection process, to include a general review to determine if Proposals comply with the solicitation provisions and contain the required information and submittals. If they do not, the Procurement Official may reject them.
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C. Selection Committee. A Selection Committee shall be appointed to evaluate Proposals. Appointments are at the sole discretion of VCU.
D. Substantiation of Proposals. VCU reserves the right to require each Proposer to substantiate any aspect of the Proposal, its own qualifications for providing the services required, and any other area of interest relative to the Proposal response.
E. Qualification/Evaluation Criteria. VCU will review submittals using the following criteria with respect to the standards set forth in this RFP to determine the qualified parties that are in the best interest of VCU:
F. Evaluation Factors. The following evaluation factors, listed by relative order of importance, will be used in determining the best-qualified Proposal:
Development experience Developing projects of similar size and complexity, specifically in urban settings Demonstrating ability to perform work comparable to project outlined in proposal Working with colleges and universities
Financial capability Sufficient financial capacity Ability to raise financing Experience financing similar projects for colleges and universities
Project characteristics Project approach and feasibility Terms of proposed transaction structure(s) Design aesthetics (if applicable) Conformity to University’s goals
Team Information: Strength of team and leadership structure Effort to comply with VCU’s business goals, as described in Section 2.7 of the RFP.
G. Paring Down Process. Proposals will be initially evaluated by the Selection Committee based on the evaluation factors above to determine the offers that will move forward in the evaluation process. The Selection Committee shall choose no more than five (5) Proposers for the next phase(s) of the RFP evaluation. During this stage of the evaluation, VCU and up to five (5) Proposers may have clarification discussions or written clarification questions with follow-up written responses, Oral Presentations with follow-up written responses, and substantive discussions with follow-up written responses.
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H. Discussions/Negotiations. Selection shall be made of two or more Proposers deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals. Negotiations shall be conducted with the selected Proposers. Discussions/Negotiations shall include financial aspects of the Proposals and may also include technical aspects. The negotiations shall require more detailed information from the Proposers including financial proposals. Price shall be considered, but need not be the sole determining factor.
I. Negotiation of Terms/Conditions. Exceptions submitted with the proposal to the RFP General Terms and Conditions or Special Terms and Conditions may be negotiated to arrive at mutually agreeable terms and conditions. Notwithstanding this, there are certain conditions that are unacceptable to VCU. Following is a non-exclusive list:
Governing law other than the Commonwealth of Virginia.
Clauses requiring VCU to indemnify and hold harmless the successful respondent.
Clauses that unduly restrict or place unacceptable claims of ownership on data which are the subject of the agreement/contract.
Clauses relating to requiring VCU to enter into reimbursement arrangements relative to attorney's fees.
Insurance coverages and limits that are different.
J. Best and Final Offers. At the conclusion of any discussions/negotiations, the Procurement Official may set a date and time for the submission of best and final offers. If a Proposer chooses not to submit a best and final offer, its initial Proposal, to include financials, shall be evaluated for award. If VCU chooses to invoke this option, Proposals would be re-evaluated by incorporating the information requested in the best and final offer. The specific format for the best and final offer would be determined during discussions/negotiations. Turnaround time for responding to a best and final offer(s) request is usually brief (e.g., not more than five (5) business days).
3.14. Award of Contact.
A. Basis of Award. After negotiations have been conducted with each Proposer so selected, the agency shall select the Proposer which, in its opinion, has made the best proposal, and shall award the contract to that Proposer. Should the VCU determine in writing and in its sole discretion that only one is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.
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B. Determination of Responsibility. The Contract will be awarded to the responsive and responsible Proposer whose Proposal, conforming to the solicitation, will be most advantageous to VCU, technical and financial factors considered. A responsible Proposer is one who affirmatively demonstrates to VCU that it has adequate financial resources and the requisite capacity, capability, and facilities to perform the Contract, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement. VCU reserves the right to investigate the capabilities of Proposers, confirm any part of the information furnished by a Proposer, and require other evidence to determine that the Proposer is responsible.
C. Rejection of Proposals & Waiver of Minor Informalities/Irregularities. VCU reserves the right to reject any or all Proposals in part or in total for any reason, to accept any Proposal if considered best for its interest, and to waive informalities and minor irregularities in Proposals received, commensurate with best public procurement practices.
D. Notice of Award. Any award of a contract resulting from this RFP will be made only by written authorization from VCU. VCU shall post the Notice of Award(s) or Notice of Intent to Award(s) in eVA, the Commonwealth of Virginia procurement portal which may be accessed electronically at http://www.eva.virginia.gov. The posting period is for 10 days.
E. Sample Contract Language. Appendix A is sample contract language that the Proposer will agree to incorporate into the final contract. There are certain sections within the sample contract that are non-negotiable including but not limited to 1) the insurance coverages and limits as detailed, 2) governing law other than the Commonwealth of Virginia, 3) clauses requiring VCU to indemnify and hold harmless the contractor, 4) clauses that unduly restrict or place unacceptable claims of ownership on data which are subject of the agreement/contract, and 5) clauses relating to requiring VCU to enter into reimbursement arrangements relative to attorney’s fees.
F. Proposer’s Responsibility for Services Proposed. It is understood and the Proposer hereby agrees it shall be solely responsible for all services they propose, notwithstanding the detail present in the RFP.
G. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Contractor's proposal as negotiated.
3.15.Cancellation of Solicitation.
VCU may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous.
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3.16. Ethics in Public Contracting.
By submitting their proposals, Proposers certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Proposer, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.
3.17. Debarment Status.
By submitting their proposals, Proposers certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
3.18. Protests.
A. Any Proposer who desires to protest the award or decision to award a contract shall submit the protest in writing to:
Director of Procurement Services Virginia Commonwealth University 10 S. 6th Street, Suite 200 Richmond, VA 23219-3843
B. VCU will announce the award utilizing the Commonwealth of Virginia’s e-Procurement system (eVA).
C. The protest must be received no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first.
However, if the protest of any actual or potential proposer depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under the Rules Governing Procurement of Goods, Services, Insurance, and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia Governed by Subchapter 3 of the Restricted Higher Education Financial and Administrative Operations Act,, Chapter 4.10 (§23-38.88 et seq) of Title 23 of the Code of Virginia, §34, then the time within which the protest shall be submitted shall expire ten (10) days after those records are available for inspection by such proposer under §34, or at such later time as provided in this section.
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D. VCU Notices of Award(s) or Notices of Intent to Award may be accessed electronically at http://www.eva.virginia.gov.
E. No protest shall lie for a claim that the selected proposer is not a responsible proposer.
F. The written protest shall include the basis for the protest and relief sought.
G. The VCU Director of Procurement Services shall issue a decision in writing within ten (10) days of receipt stating the reasons for the action taken. This decision shall be final unless the proposer appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in Section 54 of the Governing Rules.
H. Nothing in this paragraph shall be construed to permit an proposer to challenge the validity of the terms or conditions of the RFP.
I. “Days” as used in this paragraph refer to calendar days. If a deadline falls on a Saturday or Sunday, the next business day shall be considered to be the deadline.
3.19. Required Form(s) to include Any Addenda:
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Virginia Commonwealth University
GRC I & II Redevelopment Request for Proposals RFP # 6329697JC RFP Issue Date: January 12, 2015 Proposals Due: 2:00 PM (EST) February 6, 2015
In Compliance With This Request for Proposals And To All Conditions Imposed Therein and Hereby Incorporated By Reference, The Undersigned Offers And Agrees To Furnish The Goods/Services Described Herein In Accordance With The Attached Signed Proposal Or As Mutually Agreed Upon By Subsequent Negotiation.
NAME AND ADDRESS OF FIRM:
Date:
By (Signature In Ink):
Zip Code Name Typed:
E-Mail Address: Title:
Telephone: ( ) Fax Number: ( ) Toll free, if available Toll free, if available DUNS NO.: FEI/FIN NO.:
REGISTERED WITH eVA: ( ) YES ( ) NO SMALL BUSINESS: ( ) YES ( ) NO VIRGINIA DMBE CERTIFIED:( ) YES ( ) NO MINORITY-OWNED: ( ) YES ( ) NO DMBE CERTIFICATION #: WOMEN-OWNED: ( ) YES ( ) NO
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APPENDIX A
ener er s nd Condtons e er s nd Condtons
RFP #6329697JC
ener er s nd Condtons
A. PURCHASING MANUAL: This solicitation and the contract are subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review at the purchasing office. In addition, the manual may be accessed electronically at http://procurement.vcu.edu/ or a copy can be obtained by calling University Purchasing at (804) 828-1077. B. APPLICABLE LAW AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2- 4343.1).
In every contract over $10,000 the provisions in 1. and 2. below apply:
1. During the performance of this contract, the Contractor agrees as follows: a. Virginia Commonwealth University is an equal opportunity/affirmative action institution providing access to education and employment without regard to age, race, color, national origin, gender, religion, sexual orientation, veteran’s status, political affiliation or disability. As such, the Contractor will not discriminate against any employee or applicant for employment because of age, race, color, national origin, gender, religion, sexual orientation, veteran’s status, political affiliation or disability or any other basis prohibited by state law related to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause
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b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
2. The Contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
D. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their proposals, Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.
E. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.
F. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).
b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.
c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed.
d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.
e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Virginia Commonwealth University – Request for Proposals #6329697JC Page 30
Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).
2. To Subcontractors: a. Contractor awarded a contract under this solicitation is hereby obligated:
(1) To pay the Subcontractor(s) within seven (7) days of the Contractor's receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the Subcontractor(s) under the contract; or
(2) To notify the agency and the Subcontractor(s), in writing, of the Contractor's intention to withhold payment and the reason.
b. The Contractor is obligated to pay the Subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in 2. above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub tier Contractor performing under the primary contract. A Contractor's obligation to pay an interest charge to a Subcontractor may not be construed to be an obligation of the Commonwealth.
G. PRECEDENCE OF TERMS: Paragraphs A-F of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
H. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
I. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the Commonwealth.
J. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any one of the following ways: 1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
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2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the Purchasing Agency's right to audit the Contractor's records and/or to determine the correct number of units independently; or
c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
K. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.
L. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax, State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth's excise tax exemption registration number is 54-73-0076K.
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M. TRANSPORTATION AND PACKAGING: By submitting their proposals, all Offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.
N. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Minimum Insurance Coverages and Limits Required for Most Contracts:
1. Worker’s Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.
2. Employers Liability - $100,000. 3. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.
4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.)
O. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition: (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the Contractor maintains a drug-free workplace: and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
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For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
P. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, or against faith-based organizations or any other basis prohibited by state law relating to discrimination in employment. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.
Q. FEDERAL NON-DISCRIMINATION REQUIRMENTS:As applicable, federal law requires compliance with the following for all federal government contracts:
1. 41 CFR § 60-1.4 Equal Opportunity Clause prohibiting discrimination on the basis of race, color, religion, sex, or national origin.
2. 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulation prohibit discrimination against qualified individuals on the basis of disability (60-741.5(a)) and protected veteran status (41 CFR 60-300.5(a)), and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans.
R. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: The solicitation/contract will result in ( ) purchase order(s) with the eVA transaction fee specified below assessed for each order.
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1. For orders issued July , 2011 thru December 31, 2013, the Vendor Transaction Fee is: a. DMBE-certified Small Businesses: 0.75%, capped at $500 per order. b. Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.
2. For orders issued January 1, 2014, and after, the Vendor Transaction Fee is: a. DMBE-certified Small Businesses: 1%, capped at $500 per order. b. Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.
The specified vendor transaction fee will be invoiced by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date.
Any adjustments (increases/decreases) will be handled through purchase order changes. The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies.
Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to [email protected].
S. Family Educational Rights and Privacy Act: The following provision applies only if Selected Firm/Vendor will have access to the University’s education records as defined under the Family Educational Rights and Privacy Act (FERPA): The Selected Firm/Vendor acknowledges that for the purposes of this agreement it will be designated as a “school official” with “legitimate educational interests” in the University education records, as those terms have been defined under FERPA and its implementing regulations, and the Selected Firm/Vendor agrees to abide by the limitations and requirements imposed on school officials. Selected Firm/Vendor will use the education records only for the purpose of fulfilling its duties under this agreement for University’s and its students’ benefit, and will not share such data with or disclose it to any third party except as provided for in this agreement, required by law, or authorized in writing by the University.
e er s nd Condtons
A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to Virginia Commonwealth University will be used in product literature or advertising. The Contractor shall not state in any of the advertising or product
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literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services. B. AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period. C. CONTRACT PRICES: Contract prices shall be in the form of a firm unit price for each item during the contract period. D. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the Contractor. In the event the initial contract period is for more than twelve (12) months, the resulting contract may be terminated by either party, without penalty, after the initial twelve (12) months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. E. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all such contracts undertaken by the offeror within any 12-month period is seven hundred and fifty thousand dollars ($750,000) or more, the offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors as a "CLASS A CONTRACTOR". If such a contract is for seventy-five hundred dollars ($7,500) or more but less than one hundred and twenty thousand dollars ($120,000), or if the total value of all such contracts undertaken by offeror within any 12-month period is between one hundred and fifty thousand dollars ($150,000) and seven hundred and fifty thousand dollars ( $750,000), the offeror is required to be licensed as a "CLASS B CONTRACTOR". If such a contract is for one thousand dollars ($1,000) or more but less than seventy- five hundred dollars ($7,500), or if the contractor does less than $150,000 in business in a 12-month period, the offeror is required to be licensed as a "CLASS C CONTRACTOR". The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The offeror shall place on the outside of the envelope containing the proposal and shall place in the proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number:
Licensed Class A Virginia Contractor No.______Specialty:______Licensed Class B Virginia Contractor No.______Specialty:______Licensed Class C Virginia Contractor No.______Specialty:______
If the offeror shall fail to provide this information on his proposal or on the envelope containing the proposal and shall fail to promptly provide said contractor license number to the Commonwealth in writing when requested to do so before or after the opening of proposals, he shall be deemed to be in violation of Section 54.1-1115 of the Code of Virginia (1950), as amended, and his proposal will not be considered.
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If an offeror shall fail to obtain the required license prior to submission of his proposal, the proposal shall not be considered. F. CONTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that he has clear title to all materials and supplies for which he invoices for payment. G. DRUG FREE WORKPLACE: The Contractor acknowledges and certifies that it understands that the following acts by the Contractor, its employees and/or agents performing services on state property are prohibited: 1. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs; and 2. Any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes). 3. The Contractor further acknowledges and certifies that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by the Commonwealth in addition to any criminal penalties that may result from such conduct. H. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods, or equipment delivered. I. LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, the Contractor will not be liable under this contract for any indirect, incidental, special or consequential damages, or damages from loss profits, revenue, data or use of the supplies, equipment and/or services delivered under this contract. This limitation of liability will not apply, however, to liability arising from: (a) personal injury or death; (b) defect or deficiency caused by willful misconduct or negligence on the part of the Contractor; or (c) circumstances where the contract expressly provides a right to damages, indemnification or reimbursement. J. PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. K. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the purchasing agency the names, qualifications and experience of
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their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. L. WARRANTY (COMMERCIAL): The Contractor agrees that the supplies or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such supplies or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation. A copy of this warranty must be furnished with the proposal. M. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: The solicitation/contract will result in purchase order(s) with the eVA transaction fee specified below assessed for each order. 1. For orders issued July 1, 2011 thru June 30, 2013, the Vendor Transaction Fee is: a) DMBE-certified Small Businesses: 0.75%, Capped at $500 per order. b) Businesses that are not DMBE-certified Small Businesses: 0.75%, Capped at $1,500 per order. 2. For orders issued July 1, 2013, and after, the Vendor Transaction Fee is: a) DMBE-certified Small Businesses: 1%, Capped at $500 per order. b) Businesses that are not DMBE-certified Small Businesses: 1%, Capped at $1,500 per order. The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies. Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, may provide an electronic catalog (price list) or index page catalog for items awarded. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog- [email protected].
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