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A REQUEST FOR PROPOSAL (RFP)

For

Athletic Facilities Master Plan

Issued By:

Fairmont State University Facilities Business Office

RFP Number: RFP # 382

Proposal Due Date: March 31, 2017 @ 2:00 pm EST

Late Bids Will Be Rejected

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Fairmont State University

RFP-382 Table of Contents

Letter of Intent to Submit a Bid ............................................................................................................................. 4

Section 1: Overview

1.1 Schedule of Events ................................................................................................................................................. 5

1.2 Letter of Intent to Submit a Bid .............................................................................................................................. 5 1.3 Pre-Proposal Conference ........................................................................................................................................ 5 1.4 Written Questions .................................................................................................................................................. 5 1.5 Response to Vendor’s Questions ............................................................................................................................ 5 1.6 Inquiries .................................................................................................................................................................. 6

1.7 Proposal Submission ............................................................................................................................................... 6 1.8 Delivery of Proposals .............................................................................................................................................. 6

Section 2: General Information

2.1 Purpose ................................................................................................................................................................... 7 2.2 Competition Intended ............................................................................................................................................. 7

2.3 Mandatory Pre-Proposal Meeting .......................................................................................................................... 7 2.4 Site Visits ................................................................................................................................................................. 7 2.5 Background .......................................................................................................................................................... 7-8

Section 3: Procurement Specifications

3.1 Mandatory Requirements (Scope) .......................................................................................................................... 9

3.2 Desired (Optional) Features .................................................................................................................................. 10 3.3 Other Miscellaneous Information Required .......................................................................................................... 10

Section 4: Proposal Preparation and Submission

4.1 Proposal Preparation ............................................................................................................................................ 11 4.2 Technical Proposal Format ............................................................................................................................... 11-12

Section 5: Evaluation and Award Criteria

5.1 Evaluations............................................................................................................................................................ 13

5.2 Evaluation Criteria ................................................................................................................................................ 13 5.3 Minimum Acceptable Score .................................................................................................................................. 13 5.4 Cost Evaluation………………… .................................................................................................................................. 13 5.5 Independent Price Determination ......................................................................................................................... 13

5.6 Resident Vendor Preference ................................................................................................................................. 13 5.7 Disqualifications of Bidders ................................................................................................................................... 14 5.8 Presentations ........................................................................................................................................................ 14

5.9 Rejection of Proposals .......................................................................................................................................... 14 5.10 Contract Approval and Award ............................................................................................................................. 14

Section 6: RFP Terms and Conditions

6.1 Best and Final Offer .............................................................................................................................................. 15 6.2 Exceptions or Restrictions ..................................................................................................................................... 15 6.3 Price/Cost Quotations ........................................................................................................................................... 15

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6.4 Waiver of Minor Irregularities .............................................................................................................................. 15 6.5 Mandatory Requirements .................................................................................................................................... 15 6.6 Public Record ........................................................................................................................................................ 15 6.7 Written Release of Information ............................................................................................................................ 15 6.8 Risk of Disclosure .................................................................................................................................................. 15 6.9 Conflicts of Interest ............................................................................................................................................... 16 6.10 Prohibition Against Gratuities ............................................................................................................................. 16 6.11 Certifications Related to Lobbying ...................................................................................................................... 16 6.12 Contract Provisions ............................................................................................................................................. 16 6.13 Contract Termination .......................................................................................................................................... 16 6.14 Changes .............................................................................................................................................................. 17 6.15 Emergency Purchases ......................................................................................................................................... 17

6.16 Subsequent Forms .............................................................................................................................................. 17 6.17 Antitrust .............................................................................................................................................................. 17 6.18 Assignment ......................................................................................................................................................... 17 6.19 Bankruptcy .......................................................................................................................................................... 17 6.20 Bureau of Employment Programs Regulations ................................................................................................... 17 6.21 Compliance with Laws and Regulations .............................................................................................................. 18 6.22 Debarment and Suspension ................................................................................................................................ 18 6.23 Governing Law .................................................................................................................................................... 18 6.24 Indemnification ................................................................................................................................................... 18 6.25 Policy Advisements ............................................................................................................................................. 18 6.26 Records Retention (Access & Confidentiality) ..................................................................................................... 18

6.27 Subcontracts/Joint Ventures ............................................................................................................................... 18 6.28 Vendor Relationships .......................................................................................................................................... 19

Section 7: Payment Information

7.1 Funding ................................................................................................................................................................. 20 7.2 Invoices ................................................................................................................................................................. 20

7.3 Interest ................................................................................................................................................................. 20 7.4 Payment Methods ................................................................................................................................................ 20 7.5 Purchasing Card Acceptance ................................................................................................................................. 20

Section 8: Documents

8.1 Addenda ............................................................................................................................................................... 21 8.2 Addenda Acknowledgement ................................................................................................................................. 21 8.3 Agreement Addendum ......................................................................................................................................... 21 8.4 Insurance Requirements ....................................................................................................................................... 21 8.5 Life of Contract ..................................................................................................................................................... 21 8.6 Proof of Good Standing and Authorization to do Business ................................................................................... 21 8.7 Purchasing Affidavit .............................................................................................................................................. 21 8.8 Purchase Order ..................................................................................................................................................... 21

8.9 Taxpayer ID Number and Certifications (W9) ..................................................................................................... 21 8.10 Vendor Preference .............................................................................................................................................. 22 8.11 Vendor Registration ............................................................................................................................................ 22

Attachment A – Title Page/Vendor Information Form ........................................................................................... 23 Attachment B – Reference Sheet ..................................................................................................................... 24-25 Attachment C – Cost Information .......................................................................................................................... 26

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Fairmont State University RFP-

LETTER OF INTENT (to submit a bid)

My company intends to submit a bid response for RFP-382 (for Athletics Facilities Master Plan).

Company Name:

Contact Name:

Address:

City, State, Zip:

Phone #:

Fax #:

Email Address:

Signature:

Title:

Estimated number of individuals to attend Pre-Proposal Meeting: _________________

An email will be send prior to Pre-Proposal Meeting to announce location.

RFP addendums (if any) will be sent (by email) to the contact person listed above.

Bidders not submitting a letter of intent to bid are advised that they may not receive subsequent information relating to this specific bid.

Please return by email no later than, February 22, 2017. Please return to:

Lenora Montgomery, Facilities Business Officer Fairmont State University

Email: lenora.montgomery@fairmontstate.edu

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Section 1: OVERVIEW

At the recommendation of the Athletics Master Plan that was first approved by the Governing Board on June 20, 2013, Fairmont State University is seeking proposals to develop a comprehensive master plan for its athletic facilities. Fairmont State University seeks proposals from qualified firms with demonstrated, successful experiences in Athletic Facilities Master Planning for institutions of higher education of similar size, academic mission, and financial resources. FSU is in need of an Athletic Facilities Master Plan.

1.1 Schedule of Events:

RFP Release Date……………………………………………………………….……………February 2 & 9, 2017 Letter of Intent to Bid Due…………………………………………………………………… February 22, 2017 Pre-Proposal Conference……………………………………………………February 28, 2017 @ 1:00 pm Written Questions Due………………………………………………………………….…………March 15, 2017 Release of Addendum with Answers…………………………………………………….…March 22, 2017 Proposals Opening Date & Time: ………………………………………….…March 31, 2017 @ 2:00 pm Evaluation of Proposals………………………………………………………..…………….….April 3 - 7, 2017 Oral Presentations…………………………………………………….…………………….…April 18 - 21, 2017 Letter of Intent to Award Contract……………………………………………………April 24 – 28, 2017

FSU reserves the right to amend these times and dates in their sole discretion.

Any proposals not received by the date and time specified in the RFP will be disqualified. A copy of the RFP (including all attachments) and all addenda to the RFP will be placed on the Fairmont State University Procurement website: http://www.fairmontstate.edu/adminfiscalaffairs/procurement/bidding-opportunities

It is the Vendor's responsibility to check this website to make sure to respond to any addenda and/or be aware of any changes.

1.2 Letter of Intent to Submit a Bid Vendors planning to submit a bid as a result of this RFP are requested to return the Letter of Intent (page 2 of bid package) by February 22, 2017. Bidders not submitting a letter of intent are advised that they may not receive subsequent information relating to this specific bid. 1.3 Pre-Proposal Conference A Pre-Proposal Conference will be held on February 28, 2017 @ 1:00 p.m. in Room ____TBD_________. Directions to campus are available by contacting the Facilities Business Office or from the University website. The pre-proposal conference will be the only site visit conducted by the University and the only review of relevant University materials. All prospective consultants are urged to attend. The purpose of this conference is to clarify any points in the RFP which may not have been clearly understood. Questions must be forwarded to the Facilities Business Office prior to the meeting to insure that sufficient analysis can be made before an answer is supplied. The pre-proposal conference is for information only. Answers furnished during the conference will not be official until verified in writing.

1.4 Written Questions Any questions or requests for information must be submitted by 4:00 p.m. EST on March 15, 2017 via email to Lenora Montgomery, Facilities Business Officer at lenora.montgomery@fairmontstate.edu The subject line of the email should read: RFP-382 Questions.

1.5 Response to Vendor’s Questions Any vendor questions will be answered in an RFP Addendum which will be distributed (via email) to vendors who submitted a Letter of Intent to Bid. The addendum will be released via email on March 22, 2017. Addendum will also be posted on the FSU Procurement webpage. Only the written response to questions will be binding.

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1.6 Inquiries: All inquiries must be sent to:

Fairmont State University Facilities Business Office – Physical Plant 1201 Locust Avenue Fairmont, WV 26554

Email : lenora.montgomery@fairmontstate.edu Telephone: (304) 367-4657

Bidders shall not make direct or indirect contact with anyone outside the Facilities Business Office to discuss or request information about any aspect of the procurement including the RFP or its associated evaluation process, except as authorized in the RFP. Violation of this clause will result in proposal/bid disqualification.

1.7 Proposal Submission: Proposals must be received in two distinct parts: technical and cost.

Technical proposals must not contain any cost information relating to the project

Cost Proposal shall be sealed in a separate envelope and will not be opened initially.

All proposals must be signed and submitted to FSU prior to the date and time stipulated in the RFP as the

opening date. All bids will be date and time stamped to verify official time and date of receipt.

Vendors responding to this RFP shall submit:

One (1) original technical proposal (hard copy) and one (1) original cost proposal (hard copy) plus eight (8)

courtesy copies. One (1) convenience copy is to contain the technical proposal only and shall be submitted on a

CD, DVD or USB Drive. Originals and copies are to be sent to:

Lenora Montgomery Facilities Business Officer Fairmont State University Physical Plant 1201 Locust Avenue Fairmont, WV 26554

The outside of the envelope or package(s) for both the technical and the cost should be clearly marked:

RFP #: RFP- 382 OPENING DATE/TIME: March 31, 2017 at 2:00 PM EST

Vendor is solely responsible for getting its original proposal and courtesy copies delivered in a readable format by

the Proposal's Opening Date and Time.

Responses should be numbered to correspond to the RFP section numbers in the Specifications section. Each

section shall be tabbed for ease of reference.

1.8 Delivery of Proposals: Vendors mailing proposals should allow sufficient time for mail delivery to ensure timely arrival. Fairmont State University Facilities Business Office cannot waive or excuse late receipt of a proposal which is delayed and late for any reason according to West Virginia State Code §5A-3-11 (g). Any proposal received after the bid opening date and time will be immediately disqualified in accordance with the Fairmont State University Administrative Rules and Regulations.

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Section 2: GENERAL INFORMATION

2.1 Purpose: The purpose and intent of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations, for Athletic Facilities Master Plan at Fairmont State University (herein after referred to as FSU).

2.2 Competition Intended: It is the intent of FSU that this Request for Proposal (RFP) permits competition. It shall be the Bidders responsibility to advise FSU in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the FSU Facilities Business Office not later than ten (10) days prior to the date set for acceptance of proposals.

2.3 Pre-Proposal Meeting: A Pre-Proposal Meeting will be held on March 28, 2017 @ 1:00 pm in the Feaster Center Room __TBD_____

2.4 Site Visits: Site Visits will follow the Pre-Proposal Meeting on March 28, 2017. Any follow-up site visits must be scheduled thru Lenora Montgomery at 304-367-4657 or Lenora.Montgomery@fairmontstate.edu .

2.5 Background:

Fairmont State University, with a120-acre main campus in Fairmont, WV, is part of the state’s growing high technology corridor. With a long history of academic excellence, Fairmont State is a place where teaching and learning matter and students are our first priority. Founded in 1865 as the state’s first private normal school in West Virginia, the University celebrated its Sesquicentennial in 2015. Over the past decade, the main campus has been expanded with new construction including an Engineering Technology Building, student center, residence halls, parking garage, improved library facility and significant ADA accessibility improvements. With 80 bachelor’s degree programs and five graduate degree programs, any student can find the right fit. Seventy-two percent of FSU students receive some form of financial aid. Our cast (the name for a group of Falcons) soars at 4,200 students. FSU’s main campus is located in Fairmont, West Virginia, a friendly city of 19,000. The campus is home to the Frank and Jane Gabor West Virginia Folklife Center. FSU features a branch campus in Clarksburg, called the Gaston Caperton Center. The Robert C Byrd National Aerospace Education Center, located in nearby Bridgeport, offers multiple programs in aviation. As a member of the Mountain East Conference, Fairmont State is an NCAA Division II school featuring 16 varsity sports. MISSION STATEMENT: The Mission of Fairmont State University is to provide opportunities for individuals to achieve their professional and personal goals and discover roles for responsible citizenship that promote the common good. VISION STATEMENT: Fairmont State University aspires to be nationally recognized as a model for accessible learner-centered institutions that promote student success by providing comprehensive education and excellent teaching, flexible learning environments, and superior services. Graduates will have the knowledge, skills, and habits of mind necessary for intellectual growth, full and participatory citizenship, employability, and entrepreneurship in a changing environment.

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Existing Facilities Feaster Center The Feaster Center was constructed in 1979 and is Fairmont’s indoor sports facility for intercollegiate athletics. Recently an addition was added to the north side of the building (facing Duvall-Rosier Field) to incorporate a new entry and add office space on the third floor. The building contains approximately 80,000 GSF on two main floors, with offices on a partial third floor and an auxiliary gym on a second, but separate, partial third floor. The “front of house” game venues for men’s and women’s basketball and volleyball are at the current D-II standard. The summer of 2014 featured a $1.2 million renovation of Joe Retton Arena, including a new gym floor, seating, lighting, sound system and LED scorer's table. The Natatorium is very small and not up to current standards for this type of athletic space. The swimming locker rooms are awkwardly positioned in relation to the actual pool. The pool is utilized by the wider community more than by the Fairmont students. There was substantial structural steel damage due to moisture within the space and remediation of this problem occurred in 2014 to repair the damage to the structural steel within walls, windows, and doors of the Natatorium. The “back of house” or support areas of Feaster, i.e. lobby, ticketing circulation, concession space, and locker rooms, are undersized based by today’s standards. Most locker rooms are in need of a complete renovation to upgrade facilities requirements relating to capacity, ADA accessibility, and space equality. The football, women’s basketball, and men’s basketball locker rooms have been renovated within the past five years. Duvall-Rosier Field and Press Box Duvall-Rosier Field serves the needs of the University and the community very well, but is over used and scheduling is difficult. Not only is this field used for intercollegiate athletics but also for club sports, intramurals and recreation, and community activities. The establishment of a schedule of use for the field has been critical both with regard regular maintenance of the field and the ability to regulate the frequency of turf replacement. The Press Box was originally built in the mid-1980s and renovated in 2011. It functions extremely well. The HVAC system was replaced in 2013. Tennis Courts The tennis courts are in fair condition and serve the purposes for which they are intended. With regular maintenance and resurfacing, this facility should continue to serve the University well. Practice Field or Lower Field The practice field is located on a lower level than the rest of the athletic facilities, but is easily accessed. If this field were converted to an artificial turf surface, it would take some of the over-scheduling pressure off the Duvall-Rosier Field. It could also be used as the game/practice venue for softball, women’s soccer and potentially women’s lacrosse (if this sport is added to the program.) It would also provide additional outdoor opportunities for intramurals and club sports.

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Section 3: PROCUREMENT SPECIFICATION

3.1 Scope of Services 3.1.1 Athletic Facilities Assessment 3.1.2 Athletic Department Visioning Session(s) 3.1.3 Athletics Facilities Needs Assessment 3.1.4 Athletics Facilities Conceptual Design 3.1.5 Athletic Financial Planning Goals 3.1.6 Comprehensive Athletic Facilities Master Plan

This study will require specialized expertise and experience in the development of university-level athletic facility master planning.

3.1.1 Athletic Facilities Assessment The consultant is expected to development an assessment of the athletic facilities and available space on campus (Feaster Center, current athletic fields, and available campus facilities) and establish a renovations/conversion or replacement strategy, including how the project will be phased in over 10-20 years.

3.1.2 Athletic Department Visioning Session(s) Through a variety of individual and group meetings, determine the desired outcomes of the Athletic Department’s leadership team. In addition, interview with key campus leaders, stakeholders, alumni, and student leaders will be expected. Provide an assessment of the role the existing athletic facilities play in the overall success of the Fairmont State campus, and how that role could be enhanced in the future through modified space use, new programming options, alignment with academic initiatives or other methods. Establish a list of Peer Institutions and review national athletic usage statistics from comparable institutions. Included within this phase of the study will be summary report of findings examining the above referenced topics. The report will include discussion, documentation, and proposed options relating to the topics.

3.1.3 Athletic Facilities Needs Assessment From the data assembled from the assessment and visioning sessions, develop a Needs Assessment for each sport and venue by establishing the current and future needs of each program. Analyze existing facilities for potential renovation and expansion. Infrastructural elements shall be reviewed and benchmarked, including structure, mechanical, electrical, plumbing, concourses, team facilities, seating, and spectator services. Site observations shall include pedestrian access routes, public access, service routes, land availability, and connecting to the other campus areas. 3.1.4 Athletic Facilities Conceptual Design Develop Athletic Facilities Master Plan Alternatives based upon the visioning sessions and needs assessments. The alternatives shall address renovations, expansions, potential development sites and phasing for immediate and long-term needs. Comparative analysis of similar athletic facilities on other university campuses shall be provided so that the FSU Athletic Leadership Team can make an informed decision for the master plan. The conceptual design shall include a timeline and budget estimate for each phase.

3.1.5 Athletic Financial Planning Goals Included in the final plan shall be financial planning goals to support the Athletic Facilities Master Plan. Budget estimates shall be included in the phased plan so that fundraising goals can be established. The final plan shall include information and concept designs applicable for fundraising efforts.

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3.1.6 Comprehensive Athletic Facilities Master Plan The consultant is expected to deliver a master plan that will be a comprehensive summary document addressing all the above components. The consultant will be required to submit twenty (20) copies of the final document as well as providing an electronic version to the University for its use. Any and all surveys, focus group results and other data gathering should be included in Appendices. The consultant shall present the final document to the Athletic Facilities Master Plan Committee, the FSU Board of Governors, Campus Leaders and other stakeholders.

3.2 Desired (Optional) Features: The Athletic Department realizes that to complete the master plan recommendations, a fundraising/marketing strategy will need to be developed.

3.2.1 The consultant shall demonstrate their desire/ability to assist the Athletic Department in developing a fundraising/marketing strategy.

3.3 Other Miscellaneous Information Required:

3.3.1 Evidence of Successful Performance (References): Reference list shall include the name of the

college/university, contact person, telephone number, project description, length of business

relationship, and background of services provided

3.3.2 Implementation Schedule: Provide an estimate of the earliest start date for services following

execution of a contract. Provide a detailed plan and schedule for the implementation. This

schedule shall be complete with a listing of the specific tasks and milestones required for the

successful implementation.

3.3.3 Vendors may respond to all, or part of this RFP.

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Section 4: PROPOSAL PREPARATION AND SUBMISSION

4.1 Proposal Preparation:

4.1.1 Proposals should be as thorough and detailed as possible so that the Evaluation Committee may properly evaluate the Bidders capabilities to provide the required services. Proposals shall be submitted on 8-1/2" x 11" paper, and prepared simply and concisely. Elaborate artwork, expensive paper, bindings, visual, and other presentation aids are not required.

4.1.2 Format: Packages submitted with the Technical Proposals shall consist of the original Technical

Proposal, requested number of courtesy copies, which are exact copies of the original, and submitted on CD, DVD or USB jump drive in Adobe PDF or Microsoft Word. Submissions in Adobe PDF should be searchable, rather than just scanned images.

4.1.3 Proposals shall be signed in full in ink by an authorized representative of the Bidder. All information

requested must be submitted.

4.1.4 Proposals should be prepared simply and economically, providing a straightforward, concise description

of the Bidders capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

4.1.5 Each copy of the proposal shall be bound or contained in a single volume where practical. All

documentation submitted with the proposal shall be contained in that single volume where practical.

4.1.6 Ownership of all data, materials and documentation originated and prepared for FSU pursuant to this RFP shall belong exclusively to FSU.

4.1.7 Oral Presentations: Oral presentations will be required from qualified consultants. The key personnel

shall be prepared to participate in the oral presentations. Consultants may not alter or add to their submitted proposal, but only to clarify information.

4.2 Technical Proposal Format

Title Page: Use Attachment A.

Table of Contents: Clearly identify the materials by Section and page number as follows:

Section 1: Cover Letter: All proposals must include a cover letter submitted under the Bidder’s name on the Bidder’s letterhead containing the signature and title of the person or an official of the Bidder who is authorized to commit the Bidder to a potential contract with the College. Title Page: Use Attachment A Addenda: The most recent addenda (if any) should also be included in this section.

Section 2: Understanding of Mandatory Requirements and Ability to Perform: Bidder

must articulate its understanding and ability to meet each of the mandatory requirements in Section 3.1 Mandatory Requirements.

Section 3: Desired (Optional) Features and Other Value Added Services: Bidders should

articulate a response on its ability to offer the desired features outlined in Section 3.2 Desired (Optional) Features. In addition Bidders are encouraged to propose a list (and details) of any additional services or benefits, not otherwise identified in this RFP, that the Bidder would propose to provide to the College. Additional services or benefits must be directly related to the goods and services solicited under this RFP. Any costs associated with the desired and additional services/benefits must be clearly outlined in the cost proposal.

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Section 4: Evidence of Successful Performance (References): Reference list shall include the name of the college/university, contact person, telephone number, project description, length of business relationship, and background of services provided. Use Attachment B for reference information.

Implementation Schedule: Provide a brief summary of the firm’s proposed approach/philosophy. Provide a detailed description of the proposed methodology, including tasks and deliverables for each phase. Include a timeline for completion of each task/phase.

See Section 3.3 Other Miscellaneous Information Required

Section 5: Cost (sealed under a separate cover) - The Bidder shall submit a good faith,

cost estimate for the total fees for the scope of services outlined in this RFP. Total fees shall include estimated reimbursable expenses. Costs should be itemized, separated out as much as possible. A separate listing of any additional services the consultant would like to suggest and associated fees.

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Section 5: EVALUATION AND AWARD CRITERIA

5.1 Evaluations: Evaluations are not based solely on price. It is the intent of FSU to award a purchase order to the Vendor that will provide the best solution to meet the needs of FSU. Generally evaluation information specific to the RFP will be contained in the RFP document.

During the course of the evaluation, FSU has the right to contact any Vendor to clarify or elaborate on the

proposal.

5.2 Evaluation Criteria: Proposals shall be evaluated by an Evaluation Committee using the following criteria as related to the solicitation's Scope of Services. Evaluation will be based on 100 possible points. Cost shall represent a minimum of 30 of the 100 total points:

Evaluation Criteria

Ability to Perform Services Defined, Evidence of Successful

Assigned Weight

Performance (References) 30

Methodology/Approach 25

Desired Features and Other Value Added Services 20

Cost 25

Total 100 Points Possible

5.3

Minimum Acceptable Score:

Vendors must score a minimum of 70% of the total technical points possible. The technical points are listed above. The minimum qualifying score on the technical portion is 52.5 points. All vendors not attaining the minimum acceptable score (MAS) shall be disqualified and removed from further consideration.

5.4 Cost Evaluation: Cost is final and only opened after all technical scores are tallied and approved. Each cost proposal will be evaluated by use of the following formula: Lowest price of all proposals ÷ Price of proposal being evaluated x 25 = Cost Score

5.5 Independent Price Determination: A proposal will not be considered for award if the price in the proposal was not arrived at independently without collusion, consultation, communication or agreement as to any matter relating to prices with any competitor unless the proposal is submitted as a joint venture.

5.6 Resident Vendor Preference: In accordance with West Virginia Code §SA-3-37, the Procurement Office will make the determination of the Resident Vendor Preference, if applicable. Resident Vendor Preference provides an opportunity for qualifying vendors to request at the time of bid preference for their residency status. Such preference is an evaluation method only and will be applied only to the cost bid in accordance with the West Virginia Code. A certificate of application is used to request this preference.

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5.7 Disqualification of Bidders: Any of the following causes, while not inclusive, may be considered sufficient for the disqualification and rejection of a proposal:

I. Submission of a proposal which is not in conformance with the requirements as stated in this solicitation.

2. Lack of bidder competency or responsibility as demonstrated by past performance.

5.8 Presentations: Once the technical proposals are evaluated, the issuing office will schedule oral presentations for vendors participating in the RFP Process. During oral presentations, vendors may not alter or add to their submitted proposal, but only clarify information. A description of the materials and information needed to be presented will be provided by the issuing office.

1. Vendors determined to be reasonably susceptible of being selected for award will be invited to make oral presentations to the Evaluation Committee.

2. At the time each oral presentation is scheduled, FSU will confirm, in writing, the specifics of each vendors session, including the topics, time periods and requested personnel. At a minimum, key personnel will be required to attend.

3. Vendors shall provide an Overview of their oral presentation for distribution to Evaluation Committee Members attending, the number of copies required will be advised in advance of the presentation.

5.9 Rejection of Proposals: Fairmont State University, Facilities Business Office shall select the best value solution according to the evaluation criteria. However, FSU reserves the right to accept or reject any or all proposals, in part or in whole at its discretion. FSU reserves the right to withdraw an RFP at any time and for any reason. Submission of, or receipt by Fairmont State University of proposals confers no rights upon the bidder nor obligates FSU in any manner.

5.10 Contract Approval and Award: A contract based on this RFP and the Vendor's proposal, may or may not be awarded. Any contract resulting in an award from this RFP is not valid until properly approved and executed by Fairmont State University, Facilities Business Office.

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Section 6: RFP TERMS AND CONDITIONS

6.1 Best and Final Offers: FSU may, but is not required, to negotiate with Bidders. If FSU elects to negotiate, negotiations shall be conducted with Bidders whose proposals fall in the competitive range. The competitive range includes those proposals whose price and technical factors are such as to give them a reasonable chance of winning the award. Such Bidders shall be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. The purpose of negotiations shall be to seek clarification with regard to the technical and price aspects of proposals so as to assure FSU's full understanding of proposals.

No Bidder shall be provided information about any other Bidder's proposal, and no Bidder shall be assisted in bringing its proposal up to the level of any other proposal. A common deadline shall be established for receipt of best and final offers should one be necessary.

6.2 Exceptions or Restrictions: Bidders taking exception to any requirements stated in this RFP must submit a list of exceptions referencing section and paragraph number of the exception. Include the original text as well as the proposed change. If the Bidder provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Bidder's solution, must be described in detail.

6.3 Price/Cost Quotations:

The price(s) quoted in the bidder's proposal will not be subject to any increase and will be considered firm for the life of the contract unless specific provisions have been provided for adjustment in the original contract.

Unit prices shall prevail in cases of a discrepancy in the Vendor's bid.

6.4 Waiver of Minor Irregularities: The Director reserves the right to waive minor irregularities in bids or specifications.

6.5 Mandatory Requirements:

Any specification or statement containing the word "must", "shall", or "will" are mandatory. By signing and submitting a response to an RFP, the vendor agrees to all mandatory deliverables described herein. The vendor is required to meet all mandatory requirements in order to be eligible for consideration and to continue in the evaluation process. Failure to meet or agree to mandatory items shall result in disqualification of the Vendor's proposal and the evaluation process will be terminated for that vendor. Decisions regarding compliance with any mandatory requirement shall be at the sole discretion of FSU.

6.6 Public Record: All documents submitted to Fairmont State University, Facilities Business Office, related to purchase orders or contracts are considered public records. All bids, proposals or offers submitted by bidders shall become public information and are available for inspection during normal official business hours at the Facilities Business Office of FSU after the bid opening.

6.7 Written Release of Information: All public information may be released with or without a Freedom of Information request; however, only a written request will be acted upon with duplications fees paid in advance. Duplication fees shall apply to all requests for copies of any document. Currently, the fees are $0.30/page.

6.8 Risk of Disclosure: The only exemptions to disclosure of information are listed in West Virginia Code §298-1-4. Primarily, only trade secrets, as submitted by a bidder, are exempt to public disclosure. The submission of any information to FSU’s Facilities Business Office, by a vendor puts the risk of disclosure on the vendor. FSU’s Facilities Business Office does not guarantee non-disclosure of any information to the public.

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6.9 Conflict of Interest: Vendor affirms that it, its officers or members or employees presently have no interest and shall not acquire any interest, direct or indirect, which would conflict or compromise in any manner or degree with the performance or its services hereunder. The Vendor further covenants that in the performance of the contract, the Vendor shall periodically inquire of its officers, members and employees concerning such interests. Any such interests discovered shall be promptly presented in detail to FSU.

6.10 Prohibition against Gratuities: Vendor warrants that it has not employed any company or person other than a bona fide employee working solely for the vendor or a company regularly employed as its marketing agent to solicit or secure the contract and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of the contract.

For breach or violation of this warranty, the State shall have the right to annul this contract without liability at its discretion or to pursue any other remedies available under this contract or by law.

6.11 Certifications Related to Lobbying: Vendor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the company or an employee thereof, to any person for purposes of influencing or attempting to influence an officer or employee of any Federal entity, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Vendor shall complete and submit a disclosure form to report the lobbying.

Vendor agrees that this language of certification shall be included in the award documents for all sub-awards at all tiers, including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements, and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made and entered into.

6.12 Contract Provisions: After the successful Vendor is selected, a formal contract document will be executed between Fairmont State University and the Vendor. In addition, the RFP and the Vendor's response will be included as part of the contract by reference. The order of precedence is the contract, the RFP and the Vendor's proposal in response to the RFP.

6.13 Contract Termination:

FSU may terminate any contract resulting from this RFP immediately at any time the Vendor fails to carry out its responsibilities or to make substantial progress under the terms of this RFP and resulting contract. FSU shall provide the Vendor with advance notice of performance conditions which are endangering the contract's continuation. If after such notice the Vendor fails to remedy the conditions contained in the notice, within the time period contained in the notice, FSU shall issue the Vendor an order to cease any and all work immediately. FSU shall be obligated only for services rendered and accepted prior to the date of the notice of termination.

FSU shall have the right to terminate the contract upon thirty (30) days written notice to Vendor.

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6.14 Changes:

If changes to the original contract become necessary, a formal contract change order will be negotiated by FSU’s Procurement Office, and the Vendor, to address changes to the terms and conditions, costs of work included under the contract. An approved contract change order is defined as one approved by FSU’s Procurement Office and approved as to form by the West Virginia Attorney General's Office (if needed,) encumbered and placed in the U.S. Mail prior to the effective date of such amendment. An approved contract change order is required whenever the change affects the payment provision or the scope of the work. Such changes may be necessitated by new and amended Federal and State regulations and requirements. As soon as possible after receipt of a written change request from Fairmont State University, but in no event more than thirty (30) days thereafter, the Vendor shall determine if there is an impact on price with the change requested and provide FSU a written statement to identifying any price impact on the contract or to state that there is no impact. In the event that price will be impacted by the change, the Vendor shall provide a description of the price increase or decrease involved in implementing the requested change.

NO CHANGE SHALL BE IMPLEMENTED BY THE VENDOR UNTIL SUCH TIME AS THE VENDOR RECEIVES AN

APPROVED WRITTEN CHANGE ORDER.

6.15 Emergency Purchases: The Purchasing Director may authorize the purchase of goods or services in the open market that Vendor would otherwise provide under this Contract if those goods or services are for immediate or expedited delivery in an emergency. Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the Purchasing Director, shall not constitute a breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse FSU from fulfilling its obligations under a One Time Purchase contract.

6.16 Subsequent Forms: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to FSU such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes internet websites or other electronic documents. Acceptance or use of Vendor's forms does not constitute acceptance of the terms and conditions contained thereon.

6.17 Antitrust: In submitting a bid to, signing a contract with, or accepting a Purchase Order from any agency of the State of West Virginia, the Vendor agrees to convey, sell, assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the State of West Virginia. Such assignment shall be made and become effective at the time the Procurement Officer tenders the initial payment to Vendor.

6.18 Assignment: Neither this Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the express written consent of FSU and any other government agency or office that may be required to approve such assignments. Notwithstanding the foregoing, the Purchasing Office approval may or may not be required on certain agency delegated or exempt purchases.

6.19 Bankruptcy: In the event the Vendor files for bankruptcy protection, the State of West Virginia may deem this Contract null and void, and terminate this Contract without notice.

6.20 Bureau of Employment Programs Regulations: West Virginia State Code §21 A-2-6(18) prohibits FSU from contracting with any contractor not in compliance with the regulations set forth by the Bureau of Employment Programs.

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6.21 Compliance with Laws and Regulations: The vendor shall procure all necessary permits and licenses to comply with all applicable laws, Federal, State or municipal, along with all regulations, and ordinances of any regulating body.

The Vendor shall pay any applicable sales, use or personal property taxes arising out of this contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment, or services delivered pursuant here to shall be borne by the contractor. The State of West Virginia and FSU are exempt from any taxes regarding the goods and /or services and under no circumstances shall either be held liable for any obligation of the same.

6.22 Debarment and Suspension: Contractor will not be considered in proposal process if debarred or suspended.

6.23 Governing Law: This contract shall be governed by the laws of the State of West Virginia. The Vendor further agrees to comply with the Civil Rights Act of 1964 and all other applicable laws and regulations, Federal, State and Local Government.

6.24 Indemnification: The Vendor agrees to indemnify, defend and hold harmless, FSU and it officers and employees from and against: (1) Any claims or losses for services rendered by any subcontractor, person or firm performing or supplying services, materials or supplies in connection with the performance of the contract; (2) Any claims or losses resulting to any person or entity injured or damaged by the Vendor, its officers, employees, or subcontractors by the publication, translation, reproduction, delivery, performance, use or disposition of any data used under the contract in a manner not authorized by the contract, or by Federal or State statutes or regulations; and (3) Any failure of the Vendor, its officers, employees or subcontractors to observe State and Federal laws, including but not limited to labor and wage laws.

6.25 Policy Advisements: Vendor shall advise its employees that the State of West Virginia and FSU require a smoke free and drug free work place and prohibit any discrimination on the basis of race, color, national origin, ancestry, sex, religion, age, physical condition, disability or political affiliation.

6.26 Record Retention (Access & Confidentiality): Vendor shall comply with all applicable Federal and State of West Virginia rules and regulations, and requirements governing the maintenance of documentation to verify any cost of services or commodities rendered under this contract by Vendor. The Vendor shall maintain such records a minimum of five (5) years and make available all records to FSU personnel at Vendor's location during normal business hours upon written request by FSU within 10 days after receipt of the request.

Vendor may have access to private and confidential data maintained by FSU to the extent required for Vendor to carry out the duties and responsibilities defined in this contract. Vendor agrees to maintain confidentiality and security of the data made available and shall indemnify and hold harmless Fairmont State University against any and all claims brought by any party attributed to actions of breach of confidentiality by the Vendor, subcontractors or individuals permitted access by Vendor.

6.27 Subcontracts/Joint Ventures: The Vendor is solely responsible for all work performed under the contract and shall assume prime contractor responsibility for all services offered and products to be delivered under the terms of this contract. FSU will consider the Vendor to be the sole point of contact with regard to all contractual matters. The Vendor may, with the prior written consent of FSU, enter into written subcontracts for performance of work under this contract; however, the vendor is totally responsible for payment of all subcontractors.

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6.28 Vendor Relationship: The relationship of the Vendor to FSU shall be that of an independent contractor and no principal-agent relationship or employer-employee relationship is contemplated or created by the parties to this contract. The Vendor as an independent contractor is solely liable for the acts and omissions of its employees, representatives and agents.

Vendor shall be responsible for selecting, supervising and compensating any and all individuals employed pursuant to the terms of this RFP and resulting contract. Neither the Vendor, nor any employees or contractors of the vendor, shall be deemed to be employees of the State for any purposes whatsoever.

Vendor shall be exclusively responsible for payment of employees and contractors for all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension or other deferred compensation plans, including but not limited to, Workers' Compensation and Social Security obligations, and licensing fees, etc. and the filing of all necessary documents, forms and returns pertinent to all of the foregoing.

Vendor shall hold harmless Fairmont State University and shall provide FSU with a defense against any and all claims including but not limited to the foregoing payments, withholdings, contributions, taxes, social security taxes and employer income tax returns.

The Vendor shall not assign, convey, transfer or delegate any of its responsibilities and obligations under this contract to any person, corporation, partnership, association or entity without expressed written consent of the Agency.

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Section 7: PAYMENT INFORMATION

7.1 Funding: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise made available.

7.2 Invoices: The Vendor shall submit invoices for services rendered. Invoices must be submitted in arrears, to Fairmont State University, Facilities Business Office, 1201 Locust Avenue, Fairmont WV 26554

7.3 Interest: Interest attributable to late payment will only be permitted if authorized by the West Virginia Code. Presently, there is no provision in the law for interest on late payments.

7.4 Payment Methods: The Vendor should accept payments by the State purchase card (VISA). Vendors may charge a flat rate only for credit card payments.

7.5 Purchasing Card Acceptance: The State of West Virginia currently utilizes a Purchasing Card program, administered under contract by a banking institution, to process payment for goods and services. The Vendor must accept the State of West Virginia's Purchasing Card for payment of all orders under this Contract unless the box below is checked.

(X) Vendor is not required to accept the State of West Virginia's Purchasing Card as payment for all goods and services.

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Section 8: DOCUMENTS

8.1 Addenda (RFP): If it becomes necessary to revise any part of an RFP, an official written addendum will be issued by Fairmont State University, Procurement Office, to all bidders of record. FSU reserves the right to further modify the RFP, including any Exhibits and Addenda to the RFP, as it considers appropriate. A copy of the RFP and any addenda to the RFP will be placed on FSU’s website, and sent to vendors of record. It is the Vendor's responsibility to periodically check the web site to make sure it is aware of and responds to any addenda.

8.2 Addenda Acknowledgement: Written acknowledgement of receipt of all issued amendments, addenda or changes shall be required from all Bidders responding to this RFP and in the form required by the solicitation documents. Vendor should acknowledge receipt of all addenda issued by signing the issued Addendum Form. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

8.3 Agreement Addendum: Any contract resulting from an award from this RFP and a contractor's proposal must include, but is not limited to, in its terms and conditions all mandatory sections contained herein. Failure of the successful contractor to sign an Agreement Addendum (WV-96) as part of the contract may result in disqualification. The Agreement Addenda are available online at: http://www.state.wv.us/admin/purchase/vrc/wv96.pdf

8.4 Insurance Requirements: NA

8.5 Life of Contract: When applicable a Life of Contract page containing the effective period of the contract, renewal periods, and terms is attached to the agreement.

8.6 Proof of Good Standing and Authorization to Do Business: Vendors must be in good standing with all regulatory and governmental entities and authorized to do business in West Virginia. Upon request of FSU, Vendors must be able to provide proof of good standing and authorization to do business.

8.7 Purchasing Affidavit: In accordance with West Virginia Code § 5A-3-10a, all Vendors are required to sign, notarize, and submit the Purchasing Affidavit stating that neither the Vendor nor a related party owe a debt to the State in excess of $1,000. The affidavit must be submitted prior to award, but should be submitted with the Vendor's bid. A copy of the Purchasing Affidavit can be found at: http://www.state.wv.us/admin/purchase/vrc/paffidavit.pdf

8.8 Purchase Order: In the event an award is made pursuant to the RFP, a purchase order, containing any agreement signed by the parties and attachments thereto, including the original RFP and applicable Addenda, and the Vendor's proposal, will be issued. The purchase order constitutes the contract to which the parties are bound. A signed contract or agreement is not binding on FSU until the purchase order has been issued.

8.9 Taxpayer ID Number and Certification (W9): Request for Taxpayer Identification Number and Certification can be found at: http://www.irs.gov/pub/irs-pdf/fw9.pdf?portlet=3

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8.10 Vendor Preference: Vendor Preference may only be granted upon written request and only in accordance with the West Virginia Code§ 5A-3-37 and the West Virginia Code of State Rules. Failure to submit the Resident Vendor Certification form with its bid will result in denial of Vendor Preference. Vendor Preference does not apply to construction projects.

Vendor preference can be applied to the cost portion of the proposal only a Resident Vendor Certification form if found at: http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf

8.11 Vendor Registration: Prior to any award, the apparent successful Vendor must be registered with the Purchasing Division of the Department of Administration. If the successful Vendor is not currently registered, it shall complete and file the Vendor Registration and Disclosure Statement, Form WV-1, and submit the annual registration fee of $125.00. Vendors do not have to be registered to submit a proposal. Form WV-1 may be found at: http://www.state.wv.us/admin/purchase/vrc/wv1.pdf

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Attachment A - Title Page VENDOR INFORMATION FORM

The following vendor information is required with all proposal submittals:

Ordering Information: Please specify the correct legal business name, contact person, address, phone

and fax numbers that should be used for all purchase orders

Legal Business Name:

Address: _

City, State, Zip: _

Vendor Contact: _

Phone:___________________ Fax: _______

E-mail: _______________________

FEIN: _ _

Remittance Information: (Provide only if different from ordering address) Please specify the correct legal

business name, address, phone and fax numbers that should be used as the remittance address by

FSU.

Legal Business Name: ______________________________________________

Address: _________________________________________________________

City, State, Zip: _______________________________________________________

Phone: _ Fax:

If Remittance Information is left blank, remittance will be sent to the Ordering Address indicated above.

YEARS IN BUSINESS: Indicate the length of time the Bidder has been in business providing

the goods/services in this solicitation: Years/Months.

Signed: _ Date: _

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Attachment B

Reference SHEET

REFERENCES: Bidders shall provide a listing of no less than three (3) references for whom

the company has provided specified goods/services of the same or greater scope within the

last five (5) years. FSU cannot be a reference.

Reference # 1:

Customer Name:

Contact Name:

Contact Title:

Phone #:

Email Address:

Fax #:

Address:

Scope of Work:

Date of Award:

Period of Performance:

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Reference # 2:

Customer Name:

Contact Name:

Contact Title:

Phone #:

Email Address:

Fax #:

Address:

Scope of Work:

Date of Award:

Period of Performance:

Reference # 3:

Customer Name:

Contact Name:

Contact Title:

Phone #:

Email Address:

Fax #:

Address:

Scope of Work:

Date of Award:

Period of Performance:

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Attachment C

COST PROPOSAL Sheet (do not include in Technical Response)

Cost Proposal to include line item pricing for the following:

● Fee for Scope of Services 3.1 – Page 9

● A “Not to exceed” dollar value for any anticipated travel expenses; include anticipated number of visits to campus.

● A “Not to exceed” dollar value for reimbursables

● Fee for Desired (Optional) Features 3.2 – Page 10

NOTE: Travel Expenses and Reimbursables may be included in the Fee for Scope of Services. If these expenses are included in the Lump Sum, please indicate this in the proposal. However, please indicate if the number of visits to campus is limited or not.