1432862-2103773209UCONN Pavement Coring Services RFP (Final).pdf

RFP# RES100126 Page 1

REQUEST FOR PROPOSAL

Pavement Coring Services

RFP# RES-100126-KK

Proposal Release Date

9/28/26 2PM EST

Proposal Due Date

10/30/2026 2PM EST

UConn Procurement 3 Discovery Drive, Unit 6076 Storrs, CT 06269-6076 Phone: 860.486.2619

RFP# RES100126 Page 2

Table of Contents

1.0 Introduction

2.0 Background - About UConn

3.0 Scope of Work

4.0 Instructions to Proposers

5.0 Submission Instructions

6.0 Standard RFP Requirements

7.0 Standard Contract Terms and Conditions

RFP# RES100126 Page 3

1.0 Introduction

The University of Connecticut (hereinafter referred to as the “University”) is seeking proposals from qualified and experienced suppliers (hereinafter referred to as "vendor", "proposer", "bidder", “firm”, or "respondent") to enter into a contract(s) to provide the described services to the University.

2.0 Background - About UConn

The University is a Land, Sea, and Space Grant consortium institution which occupies over 4,302 acres, enrolls over 30,000 students, and produces over 7,000 undergraduate, graduate, and professional degrees annually. The main campus is located in Storrs, Connecticut, and regional campuses are located in the following Connecticut towns: Avery Point, Hartford, Stamford, and Waterbury. Detailed University demographics are available via the following link: 2026 Fact Sheet

The mission of the CAP Lab was first established in 1995, "to provide a regional center of excellence which addresses systems, methods, new materials, and training to solve pavement technology problems impacting the safe and efficient management, operation, preservation, and improvement of systems used in the transport of people, goods, and services." The CAP Lab conducts research and provides guidance on construction materials for the transportation industry, education and training services on pavement-related subjects for engineers, technicians and inspectors, and technical assistance on paving mix acceptance and field construction. The CAP Lab was established as a resource for assisting in the implementation of Superior Performing Asphalt Pavement (SuperPave), the HMA design methodology developed under the Congressionally mandated National Strategic Highway Research Program. The CAP Lab's activities were focused on the needs of both the HMA Industry and State DOTs in New England as they worked together to implement this revolutionary new pavement design methodology. Today, the CAP Lab continues research with partners at the CT DOT, regional transportation agencies and private industry.

3.0 Scope of Work

The University of Connecticut is seeking proposals from experienced and qualified firms to perform Pavement Coring Services for the CAP Lab. The successful proposer must be able to demonstrate experience in this field and submit a proposal that the University determines best meets the standards and requirements outlined throughout this RFP and in a resulting contract.

It is the University’s intent to make a single award as a result of this RFP. However, the University reserves the right to make multiple awards if it is deemed to be in the best interest of the University to do so.

Under a MOU between the Connecticut Department of Transportation (CTDOT) and the University’s CAP Lab, the CAP Lab, in collaboration with the awarded proposer, will collect pavement cores for various locations identified by CTDOT across the state. The awarded proposer will complete all coring tasks and provide samples to CAP Lab; the awarded proposer will also be responsible to coordinate and procure the necessary permits and traffic protection required during performance of services.

3.1 Coring Services: At each location the awarded proposer shall take the requisite number of https://uconn.edu/wp-content/uploads/2026/01/INS_004_UConn-Fact-Sheet_FY2026.pdf

RFP# RES100126 Page 4 pavement core samples by means of a drill, watering system, and a diamond core bit, using 4 inch or 6-inch diameter core barrels. While most core samples will be approximately 8 inches in depth, the awarded proposer can expect approximately 25% of the samples will be full depth.

Extracted cores will be delivered to the CAP Lab, properly sequenced, packaged as required top to bottom, labeled inside and out with Route ID, Core ID, Town, and Date Taken.

3.1.1 Other Coring Service Requirements:

3.1.1.1 Photograph each core hole with legible Core ID as a pavement marking and depth of coring with a tape measure. Photograph and notate additional site details such as distresses, subsurface joint failure, and unforeseen roadway conditions the awarded proposer deems pertinent to the pavement treatment decision making process.

3.1.1.2 Patch core holes using hot mix, Aquafalt ® 6.0 High-Performance patch material

3.1.1.3 The awarded proposer will provide competent staff.

3.1.1.4 Use of subcontractors will not be allowed, with the exception of traffic control services.

3.1.1.5 The awarded proposer will be responsible for properly compacting the repair material with a circular tamp capable of fitting within the dimensions of the core hole. Sufficient material shall be used to ensure the repair is flush with the surface and well compacted.

3.1.1.6 The awarded proposer will be responsible to obtain at minimum all permits including but not limited to encroachment permits, u�lity/environmental clearances, Call Before you Dig (CBYD) mark outs and requests, and lane closure approvals necessary to perform services on this Contract.

3.1.1.7 University will have sole responsibility to reject or accept any samples provided.

3.2 Traffic Control: A standard Traffic Control Plan submission and custom plans for more complicated patterns will be required from the awarded proposer. Proposers should consider that each closure will include a police escort and be designed and carried out in accordance with FHWA/MUTCD, and CTDOT requirements. For traffic handling details refer to: Form 819 - Standard Specifications for Roads, Bridges, Facilities and Incidental Construction

3.3 Records: The awarded proposer will maintain complete, accurate and legible field records.

The records will be made at the site and provided to the CAP Lab as work progresses. A copy of the field log will be provided to CAP Lab at the end of each workday, and will contain the following minimum detail: Route ID, Core ID, Location (Town), Direction, Milepost, Latitude, Longitude, Date Take, Lane Location, Lane ID, Depth of Coring, Core Integrity, Bond Quality, Base Material, Distress Present, Notes (as needed) https://portal.ct.gov/dot/-/media/dot/aec/form_819-with-january-2026.pdf?rev=3179811376cd4ade9aab6543921c653b https://portal.ct.gov/dot/-/media/dot/aec/form_819-with-january-2026.pdf?rev=3179811376cd4ade9aab6543921c653b

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3.4 Meetings & Reporting: The awarded proposer will provide weekly progress updates covering:

• Completed segments

• Challenges/Limitations to progress

• Proposed Schedule adjustments

• Other data as mutually determined with the University

• Copies of the field records, photos, and other pertinent information required by the

Contract shall be e-mailed daily.

• Cores will be delivered to the CAP Lab by the awarded proposer no later than seven (7)

Business Days after the completion of each assigned coring exploration program.

3.5 Equipment & Supplies: The vendor will supply all materials and supplies needed to complete the work. The CAP Lab reserves the right to inspect the awarded proposer's equipment at any time and to confirm that equipment is in good and safe operating condition.

3.6 Pricing: Proposers must complete the Pavement Coring RFP – Price Matrix posted in the “Buyer

Attachments” for this opportunity in the HuskyBuy platform and upload.

3.6.1 Pricing must include all costs to provide services including mobilization, coring, patching, and traffic control.

3.6.2 During the term of services, CAP Lab may identify additional services to meet the MOU deliverables and will request additional quotations as needed from the awarded proposer.

3.7 Insurance: Awarded proposer(s) must provide proof of insurance prior to receipt of a PO. The

University will require a minimum $5,000,000 Umbrella insurance for this project.

3.8 Contract Term: The initial contract term will commence on contract execution and expires June 30, 2028. UConn will have the option to extend the term as additional funding for the project is awarded.

4 Instructions for Proposers

4.6 RFP Schedule

RFP SCHEDULE DUE DATES*

RFP Issue/Release Sept 25, 2026 Pre-Proposal Conference N/A Question Deadline Oct 9, 2026 Proposal Due Date & Time Oct 30, 2026 Eval & Award

Through Nov 16, 2026

*Subject to change as deemed necessary by the University.

4.7 Point of Contact: All communications and/or inquiries regarding this RFP must be submitted

RFP# RES100126 Page 6 through the HuskyBuy portal. Failure to adhere to this provision may result in a Proposer being declared ineligible, proposal rejection, or Sourcing Event cancellation. The University will not respond to any request for clarification received after the Deadline for Proposer Questions has expired.

Under no circumstances may any proposer or its representative contact any employee or representative of the University regarding this Sourcing Event prior to the closing date. Strict adherence to this important procedural safeguard is required. Any violation of this condition may result in the proposer being considered non-compliant and ineligible for award.

4.8 Communications: Upon formal issuance of a RFP, the University and Proposer(s) will cease all informal communications relevant to the RFP and assume a formal, in writing, communication posture until a binding contractual agreement is executed with the selected Proposer(s), all other Proposers have been notified as to their RFP status, or when the University formally rejects all proposals and cancels the RFP process. Failure to adhere this provision may result in a Proposer being declared ineligible, proposal rejection, or RFP cancellation.

4.9 Addenda: Addenda are issued in response to Proposer questions and/or University clarifications and revisions to the RFP. Addenda are incorporated into the RFP and may be incorporated along with the RFP into any resulting contract. Failure of a Proposer to retrieve any addendum shall not relieve the Proposer of any responsibility for complying with the terms thereof. All addenda must be acknowledged by the Proposer in the HuskyBuy portal. Failure to acknowledge any and all addenda may be grounds for rejection of the proposal response. If the University issues an addendum or otherwise amends the RFP or the HuskyBuy portal entry for this opportunity, after the proposal has been submitted, the Proposer must re-submit the proposal in the HuskyBuy portal before the due date and time after reviewing the addendum or amendment.

4.10 Pre-Proposal Conference: A Pre-Proposal Conference is a scheduled meeting which may occur during a public RFP solicitation process. The purpose of the meeting is to provide interested Proposers with an opportunity to: pose questions related to the RFP process and request Scope of Work information and/or clarification. Pre-Proposal Conference attendance for the opportunity is optional for prospective proposers but highly encouraged. [See the Solicitation Schedule above for specific schedule details and requirements.]

4.11 Proposal Presentations: The University evaluation committee may require proposal presentations or extended demonstrations. If invited to present or demonstrate, the Proposer will be responsible for making all the necessary arrangements and will bear all costs associated with the presentation or demonstration. Presentations or demonstrations will be scheduled at the discretion of the University and within the time allocated in the RFP schedule, when possible. [See the Solicitation Schedule for specific schedule details]. Presentation or

RFP# RES100126 Page 7 demonstration invitations will be only issued to those firms selected to participate in the presentation or demonstration phase of this RFP and will include the meeting date, time, location, duration, and associated agenda/requirements outlining specific proposal areas for discussion, as outlined at the University’s discretion.

4.12 Campus Visitor Parking: Campus parking is strictly regulated, and violations are subject to monetary fines. Visitors must park only in areas specifically designated for general public parking (signed, paved, and lined parking areas and/or parking garage). Detailed parking information is available at the following links:

4.12.1 UCONN Parking Services (Main and Regional Campuses)

4.13 Proposal Evaluation Criteria: All proposals will be evaluated by an evaluation committee, using the specific evaluation criteria listed in the table below. Each criterion has been assigned a value representing relative weight. The evaluation committee will conduct a comprehensive review and analysis of the proposals received and recommend which proposal(s) is the most advantageous to the needs of the University.

Evaluation Criteria Weight

Firm Experience and Demonstrated Success – including permitting tasks.

Pricing Proposal 50

Total 100

In the event the evaluation committee elects to conduct presentations or extended demonstrations by any one or more of the proposers, the evaluation committee will re-assess the proposal of each proposer that remains in the evaluation process by adjusting overall rank order based on the proposal, the supplemental content received during each such event, and the assessment of most advantageous overall to the needs of the University.

5.0 Submission Instructions:

5.1 RFP Due Date and Time: Proposals are due at the date and time stated in the Solicitation Schedule above. Any proposal received after the stated due date and time will be rejected. Mailed, hand-delivered, facsimile, emailed, or other physical proposals will not be accepted under any circumstances.

5.2 Submittal: The entire Proposal, including all mandatory requirements, attachments, or

RFP# RES100126 Page 8 supplemental material must be submitted using the HuskyBuy portal. Elaborate proposals, in the form of brochures or other presentation materials beyond what is necessary to present a complete and effective proposal, are not desired and should not be included. The narrative responses in the HuskyBuy portal should be complete and comprehensive, with a corresponding emphasis on being concise and clear. Any materials that a supplier feels are needed to provide clarity to their proposal should be included as attachments to the proposal.

6.0 Standard RFP Requirements

6.1 Request for Proposals (RFP)" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Awards made as a result of an RFP shall be based upon “Competitive Negotiation”.

6.2 Definitions:

6.2.1 "Competitive negotiation" means a procedure for contracting supplies, materials, equipment or contractual services, in which proposals are solicited from qualified suppliers by a request for proposals, and changes may be negotiated in proposals and prices after being submitted.

6.2.2 “Addenda” means written and/or graphic instructions issued by the University prior to the receipt of proposals that modify or interpret the Request for Proposal documents by addition, deletions, clarification, or corrections.

6.2.3 "Proposer" means a person, firm or corporation submitting a proposal in response to a Request for Proposal.

6.2.4 “Contractor” means any business that is awarded, or is a subcontractor under, a contract or an amendment to a contract with a state contracting agency under statutes and regulations concerning procurement, including, but not limited to, a small contractor, minority business enterprise, an individual with a disability, as defined in section 4a-60, or an organization providing products and services by persons with disabilities.

6.2.5 “Non-Acceptance of Proposal” means another proposal was deemed more advantageous to the University or that all proposals were rejected.

6.2.6 “Offer” or “Proposal” means the Proposer’s response to this Request for Proposal.

6.2.7 “Services” shall mean all services described within the scope of this RFP.

6.2.8 “Agreement” shall mean the contract issued as a result of this Request for Proposal.

6.2.9 “CT-based Businesses” shall be a firm that is: (i) a business entity organized, headquartered and operating in the State of Connecticut for at least one year prior to the date of bid submission; or (ii) a business entity that is authorized to do business in Connecticut, maintains an operating location in Connecticut, and has generated over 50% of its annual gross revenues each year, over the past five

(5) years prior to the date of bid submission, from work on projects located in Connecticut.

6.2.10 “Joint Venture” in this sourcing context refers to firms that may have familiarity

RFP# RES100126 Page 9 within particular areas but may not be subject matter experts in all necessary areas; therefore, the University welcomes joint venture proposals.

6.2.11 “SBE/MBE Firm” shall refer to a certified Small Business Enterprise/Minority Business Enterprise firm that meets the qualifications as determined by legislation, Connecticut General Statute 4a-60g (Supplier Diversity Statue) as amended by Public Act 11-229.

6.2.12 "University" or “UConn” or a pronoun used in its place shall mean the University of Connecticut main campus at Storrs, Connecticut as well as its five regional campuses and the Cooperative Extension Offices.

6.2.13 “UConn Health” or “UCH” shall mean University of Connecticut Health and its affiliates.

6.3 Proposal Understanding: Proposers must demonstrate: an understanding of the statement of work

(SOW), the ability to accomplish the tasks set forth; and must include information that will enable the University to determine the proposer's overall qualifications.

6.4 Rendering of Service: Each Proposer must respond to, and be capable of, supplying all services outlined in the RFP specification.

6.5 Expiration of Proposals: Proposals shall remain in effect from the RFP due date and time for a minimum period of 180 days.

6.6 Rights Reserved: The University reserves the right to cancel this solicitation, to reject any or all proposals received (or any part thereof without penalty), to waive informalities or irregularities, to seek clarification of any proposal and communicate with a proposer related to a request for clarification, and to award a contract not based solely on the lowest cost, but based on a Proposal which, in the sole opinion of the University, best fulfills or exceeds the requirements of this RFP and is most advantageous to the University. Firms subject to Non-Acceptance of Proposal shall be notified after a binding contractual agreement between the University and the selected Proposer exists or after the University has rejected all proposals.

6.7 Modification of Proposals: Proposals may be modified and re-submitted in the HuskyBuy portal up to the due date and time designated for receipt of proposals provided they conform to these terms and conditions.

6.8 Withdrawal of Proposals: Proposals may be withdrawn from the HuskyBuy portal up to the due date and time designated for receipt of proposals.

6.9 Pricing: The Proposal must include a complete statement of the Proposer’s financial proposal and supplemental materials relevant to the financial proposal as deemed necessary by the Proposer. In the competitive process, the University will not advise a Proposer on the content of the financial proposal.

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6.10 Sales Tax Exemption: In accordance Conn. Gen. Stat. §12-412(1)(A), the University is exempt from local, state, and federal excise taxes.

6.11 Independent Price Determination: Proposer warrants, represents, and certifies that:

6.11.1 The proposed costs have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such process with any other organization or with any competitor.

6.11.2 Unless otherwise required by law, the proposed costs have not been knowingly disclosed by the Proposer on a prior basis directly or indirectly to any other.

6.11.3 No attempt has been made, or will be made, by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

6.12 Review of References: The Proposer is required to provide references from customers of comparable size and scope as the University. The University is particularly interested in references that are institutions of higher education.

6.13 Good Faith Negotiation: If the University and selected Proposer(s) are unable to reach a mutually agreeable contract, the University reserves the right to abandon negotiations and commence negotiations with the next highest ranked Proposer. The University will be the sole judge of the suitability of the proposed Agreement(s).

6.14 Incorporation of Proposal: Proposals submitted in response to this RFP may, at the University’s option, be incorporated into the contract executed.

6.15 “NO SUBSTITUTE”: Unless qualified by the provision “NO SUBSTITUTE”, the use of the name of a manufacturer, brand, make or catalog designation in specifying an item does not restrict proposers to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the commodity desired, but the commodity on which proposals are submitted must be of the same or better character, quality and/or performance equivalence that it will serve the purpose for which it is to be used equally as well as that specified. In submitting a proposal on a commodity other than as specified, proposer shall furnish complete data and identification with respect to the alternate commodity bidder proposes to furnish. Consideration will be given to proposals submitted on alternate commodities to the extent that such action is deemed to serve best the interests of the State. If the proposer does not indicate that the commodity he/she proposes to furnish is other than specified, it will be construed to mean that the proposer proposes to furnish the exact commodity described. Any substitutions must meet or exceed all specification requirements and must receive approval in writing from the appropriate party at the University prior to any order being filled.

6.16 Ownership of Samples: The CAP Lab and its Sponsor Agency retain ownership of all samples, field data, and photos. Information provided to the Contractor and obtained by the contractor shall not be used outside of the scope of this agreement without explicit permission from the CAP Lab.

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6.17 Proposal Preparation: The University assumes no cost for proposal preparation and/or submission.

All costs are borne by the Proposer at Proposer’s expense.

6.18 Confidential Information: The University treats Proposals as confidential until after the award is issued. At that time, they become subject to disclosure under the Freedom of Information Act. If a Proposer wishes to supply any information, which it believes is exempt from disclosure under the Act, Proposer should summarize such information in a separate file with a filename containing the word "Confidential," and a watermark or stamp titled “Confidential” but otherwise be presented in the same manner as the Proposal. However, any such information is provided entirely at the Proposer’s own risk, and the University assumes no liability for any loss or damage which may result from the University's disclosure at any time of any information provided by the Proposer in connection with its proposal.

The proposer and its employees will not disclose information acquired in connection with the performance of services under this agreement which is proprietary or confidential in nature to the University without written permission from the University. This confidentiality will continue to be in effect even after the contract has been completed or terminated for any reason. Some projects may require additional confidentiality documentation or agreements, which will vary according to the University’s needs, legal requirements and scope of work.

6.19 Freedom of Information: While the University may be willing to agree not to disclose the information proactively, the University is subject to the Connecticut Freedom of Information Act, found in Chapter 14 of the Connecticut General Statutes, which may require disclosure, should the document be requested with limited exceptions. Two such exceptions that might apply are as follows: (1) Conn. Gen. Stat. sec. 1-210(b)(24) permits the University to withhold records related to the procurement process while bidding and contract negotiations are underway (this moratorium is temporary and lasts only until the contract has been executed or negotiations are abandoned); and Conn. Gen. Stat. sec. 1-210(b)(5) permits the University to withhold records in its possession in the event they contains trade secrets (or intellectual property). In the event that the University determines that Conn. Gen. Stat. sec. 1-210(b)(5) may apply to a given request for the records in question, the responsibility to substantiate claims that said records would reveal trade secrets and meet the exemption requirements is borne by the owner of said trade secrets, not the University.

Further, if the entity seeking access to the documents challenges the University’s withholding of the document, said owner may be required to prove at the Freedom of Information Commission and/or in a Court of Law, that the release of said trade secrets would be harmful to the owner of the intellectual property or properties in question.

6.20 Conflict of Interest: The Proposer shall disclose and identify to the University, with its proposal, any relationships, which may constitute a potential conflict of interest with the University of Connecticut Purchasing Department, or any other University organizations or departments for the

RFP# RES100126 Page 12 purpose of determining whether a conflict of interest exists. All such disclosures require acceptance/approval action on the part of the University, who shall determine, in its sole discretion, whether an impermissible conflict exists.

6.21 Ethics and Compliance Reporting/Whistleblower Protection: The University Office of Audit, Compliance, and Ethics is responsible for handling anonymous ethics and compliance reporting.

Any person who is aware of unethical practices, fraud, violation of state laws or regulations, or other concerns relating to University policies and procedures can report such matters anonymously using the information provided on their website.

6.22 Corporate Social Responsibility: In furtherance of its longstanding commitment to fundamental human rights, to the dignity of all people, and to the environment, the University requires all Vendors to adhere to the "Vendor Code of Conduct" policy. Please provide acknowledgement of this University policy and any additional pertinent information.

6.23 Minor Defects: If, during the solicitation and/or evaluation process, the University determines that a particular mandatory requirement may be modified or waived and still allow the University to obtain goods/services that substantially meet the intent of this RFP, the mandatory requirement will be modified or waived for all proposers, and all proposals will be re-evaluated in light of the change.

6.24 Notification of RFP Status: Upon completion of the RFP review process, all Proposers will receive an RFP status notification. This notification covers three outcomes: No Further Consideration, Selected for Presentation or Demonstration, or Intent to Award.

6.25 Debriefing: Requests for debriefing by Proposer will be accommodated upon request.

6.26 OSHA Compliance: All items to be furnished shall meet all applicable local, state, and federal requirements of the Occupational Safety and Health Act. If any at any time, items or services covered under this RFP become non-compliant with applicable law, the Proposer or Contractor shall notify the University’s Chief Procurement Officer or Director of Procurement immediately by email.

6.27 Advertising/Licensed Merchandise/Sponsorship Opportunities: The Proposer agrees, unless specifically authorized in writing by the University, that it will have no right to use the University’s name, seal, mark of any kind (including logos), and its officials and/or employees in any advertising, publicity, or promotion including, but not limited to, any expression or implication of endorsement by the University.

6.28 Award: A contract will be awarded to the Proposer(s) whose proposal(s) is deemed to be the most advantageous to the University, in accordance with the criteria set forth within the RFP, taking into account the quality of the goods or services to be supplied, conformance with specifications, delivery terms, price and financial considerations, administrative costs, past performance, RFP# RES100126 Page 13 warranty, and financial responsibility.

6.28.1 The University may:

6.28.1.1 reject the proposal of any Proposer who is in default of any prior contract or is guilty of misrepresentation or any Proposer with a member of its firm in default or guilty of misrepresentation.

6.28.1.2 correct inaccurate awards resulting from clerical or administrative errors in accordance with and pursuant to the Regulations of Connecticut State Agencies.

6.28.1.3 make an award contingent upon the successful Proposer’s execution of the applicable required State of Connecticut certifications and affidavits.

6.28.1.4 award by item, groups of items or total bid; to reject any and all proposals in whole or in part, and waive any informality or technical defects if, in its judgment, the best interests of the University will be served.

6.29 Exceptions to RFP and/or Template Contract Terms and Conditions: All exceptions to, deviations from, or inability to comply with the requirements set forth in the RFP or the University’s template contract terms and conditions must be declared and outlined in detail in the Proposal. Failure to do so will prevent the proposer from asserting an inability to comply with the terms or conditions later.

7.0 Standard Contract Terms and Conditions

The successful Proposer will be required to enter into a written contract with the University of Connecticut. The University’s template contract for this opportunity is available for download on the HuskyBuy portal and is incorporated herein by reference. Bidders are directed to carefully review the terms and conditions, as they will become part of any subsequent agreement and award.

7.1. Contract Status: The response to this RFP will be considered an offer to contract. Final negotiations on the highest evaluated offer will be conducted to resolve any differences and informalities. After final negotiations, the University will issue an acceptance of the proposal offer.

7.2. Contract Format: The resulting contract will be the product of negotiations and will be the entire agreement between the University and the Proposer, superseding and rescinding all prior agreements relating to the subject matter thereof. All of these documents signed by both parties and approved by the Office of the Attorney General will constitute the final contract. The University may also consider a request to utilize a Proposer’s template contract. To request a modification to the University’s template contract, or to propose the use of the Proposer’s template contract, the Proposer must identify the exception(s) or include its template contract in the Proposal for consideration in final contract negotiation.

7.3. Contract Modification: All changes to the contract must be agreed to, in writing, by both parties prior to executing any change.

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7.4. Contract Assignment or Subcontract: The resulting contract shall not be assigned, transferred, or sublet in whole or in part without the prior written approval of the University.

7.5. Contract Commencement: The contract will commence upon execution of the aforementioned formal agreement and final approval by the Office of the Attorney General. The Project covered under the contract will be based on the specific University requirements or requests. The University can neither project nor guarantee a specific volume of business over the term of any contract that may result from this RFP.

7.6. Proposer Default: In the event of default by the Proposer, the University reserves the right to procure the commodities and/or services from other sources and hold the Proposer liable for any excess cost occasioned thereby. If, however, public necessity requires use of material or supplies not conforming to the specifications, they may be accepted, and payment therefore shall be made at a proper reduction in price.

7.7. Payments under a Contract Award:

7.7.1. Under no circumstances shall the successful Proposer begin to perform under the contract prior to the effective date of the contract. All payments shall adhere to the payment terms negotiated in the contract award.

7.7.2. Cash discounts may be offered by the proposer for prompt payment of invoices. Such discount will not be taken into consideration in determining the low bidder but will be taken into consideration in awarding tie bids. The discount period will be computed from the date delivery is accepted at the destination or from the date the correct invoice is received by the consignee, whichever is the later date.

7.7.3. Payment terms shall be 2% 15 days, net 45 days unless otherwise noted in the bidder’s proposal. Terms other than those indicated above will be subject to University approval.

7.8. Evaluation of Performance: During or after the term of any contract or other agreement that results from this RFP process, the University may conduct evaluations of the successful Proposer’s performance including, but not limited to equipment, staffing, supplies and services. The successful Proposer may be requested to provide quality performance metrics and must cooperate with the University in any such evaluations and work with the University to correct any deficiencies noted.

7.9. Responsibilities of the Proposer:

7.9.1. Observing Laws and Regulations: The Proposer shall keep fully informed of and shall faithfully observe all laws, national and state, and all ordinances and regulations affecting responsibility to the University, or affecting the rights of supplier's employees, and must protect and indemnify the University, its officers, and agents against any claims of liability arising from or based on any violation thereof.

7.9.2. Representations: Each firm, by submitting a proposal, represents that it:

7.9.2.1. Has read and completely understands the proposal documents and all issued amendments or addenda; and

7.9.2.2. is totally familiar with the conditions under which the work is to be performed

RFP# RES100126 Page 15 including but not limited to availability and cost of labor and materials.

7.9.3. Purchase Orders and Sub-Proposers: Purchase Orders and payments will only be issued to the Proposer. It is the Proposer’s responsibility to issue Purchase Orders, schedule services and pay all sub-Proposers and partners directly.

7.10. Advertising/Sponsorship Opportunities: In submitting a proposal, the Proposer agrees, unless specifically authorized in writing by the University on a case by case basis, that it shall have no right to use, and shall not use, the name of the University of Connecticut, its officials or employees, or the marks of the University (e.g., wordmark, seal, logos), a) in any advertising, publicity, marketing, or promotion; nor b) to express or imply any endorsement of agency’s services; nor c) to use the name of the state, its officials or employees or the University marks in any manner (whether or not similar to uses prohibited by subparagraphs (a) and (b) above) except only to manufacture and deliver in accordance with this agreement such services as are hereby contracted by the University.