4-SLCC RFP General Conditions.pdf

REQUEST FOR PROPOSALS GENERAL CONDITIONS

This Request for Proposals ("RFP"), having been determined to be the appropriate procurement method to provide the best value to Salt Lake Community College, is designed to provide interested Offerors with sufficient basic information to submit proposals. This RFP is issued in accordance with the Utah Procurement Code. If any provision of this RFP conflicts with the Utah Procurement Code, then the Utah Procurement Code will take precedence. It is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability.

Issuing Procurement Unit

Salt Lake Community College Purchasing Services is the issuing procurement unit for this RFP (referred to as "SLCC"). The solicitation number must be referred on all proposals, correspondence, and documentation submitted to the SLCC relating to this RFP.

Participating Entities – Cooperative Purchasing

All USHE USHE member institutions may, at their option, purchase off of the resulting contract by either signing a Participating Addendum to the resulting contract/agreement or entering into a separate, direct contract with the awarded offeror: Salt Lake Community College, Utah State University, Weber State University, University of Utah, Snow College, Utah Valley University, Southern Utah University, Utah Tech University, Bridgerland Technical College, Davis Technical College, Ogden-Weber Technical College, Southwest Technical College, Uintah Basin Technical College, Dixie Technical College, Mountainland Technical College, Tooele Technical College, and any other institution of higher education that the State of Utah may form in the future. After reviewing the awarded proposal and contract, each institution may choose not to proceed with a procurement or enter into any agreement.

Additional Information

Offerors are prohibited from communications regarding this RFP with SLCC staff, evaluation committee members, or other associated individuals EXCEPT for the procurement official overseeing this RFP and other SLCC Purchasing Services staff.

Wherever in this RFP an item is defined by using a trade name, brand name, or a manufacturer and/or model number, it is intended that the words, "or equivalent" apply; and invites the submission of equivalent products by the Offerors.

Offerors may be required to submit product samples to assist SLCC in evaluating whether a procurement item meets the specifications and other requirements set forth in the request for proposals. Product samples must be furnished free of charge unless otherwise stated in the invitation for proposals, and if not destroyed by testing, will upon written request within any deadline stated in the invitation for proposals, be returned at the Offeror's expense. Samples must be labeled or otherwise identified as specified in the RFP.

SLCC reserves the right to conduct discussions with the Offerors who submit proposals determined to be reasonably susceptible of being selected for award, followed by an opportunity to make best and final offers pursuant to UCA § 63G-6a-707.5, but proposals may be accepted without discussions.

Offerors should expect an opportunity for a best and final offer and should provide their best offer in their initial proposal.

Question and Answer Period

The question and answer period closes on the date and time specified on U3P. All questions must be submitted through U3P during the question and answer period. Answers will be posted on U3P.

Questions may include notifying SLCC of any ambiguity, inconsistency, scope exception, excessively restrictive requirement, or other errors in this solicitation. Exceptions/additions to the standard terms and conditions do not need to be addressed during the question and answer period.

Questions are encouraged and may be answered individually or may be compiled into one document.

Questions may also be answered via an addendum. An answered question or an addendum may modify the specification or requirements of this solicitation. Answered questions and addendums will be posted on U3P. Vendors should periodically check U3P for answered questions and addendums before the closing date. It is the responsibility of the vendors to submit their responses as required by this solicitation, including any requirements contained in an answered question and/or addendum.

Vendors are encouraged to review this solicitation prior to the deadline to submit a response, even if a response has been submitted, in case an addendum has been issued.

Submitting a Response and Closing Date

The issuing procurement unit may not accept a response after the time for submission of a response has expired. When submitting a response or modification to a response electronically, vendors must allow sufficient time to complete the online forms and upload their documentation.

It is the vendor's responsibility to ensure that they have completed all requirements, read and reviewed all documents, submitted all required information, uploaded all required forms, and submitted their response prior to the closing time.

Claim of Business Confidentiality

Any Offeror requesting that part of its proposal be protected shall include with the proposal a Claim of Business Confidentiality.

Pricing may not be classified as confidential or protected and will be considered public information.

Process for Requesting Non-Disclosure: Any Offeror requesting that a record be protected shall include with the proposal a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the Offeror must provide a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309(1)). AND submit an electronic "redacted" (excluding protected information) copy of the proposal. Copy must clearly be marked "Redacted Version."

An entire proposal cannot be identified as "PROTECTED", "CONFIDENTIAL" or "PROPRIETARY" and may be considered non-responsive unless the Offeror removes the designation.

Redacted Copy: If an Offeror submits a proposal that contains information claimed to be business confidential or protected information, the Offeror MUST submit two separate proposals: one redacted version for public release, with all protected business confidential information either blacked-out or removed, clearly marked as "Redacted Version"; and one non-redacted version for evaluation purposes clearly marked as "Protected Business Confidential."

All materials submitted become the property of SLCC. Materials may be evaluated by anyone designated by SLCC as part of the evaluation committee. Materials submitted may be returned only at SLCC's option.

Evaluation Administrative and Mandatory Minimum Requirement Compliance

Each proposal received shall be evaluated as outlined in this RFP and the Utah Procurement Code.

To be responsive and responsible Offerors must review and respond to all sections of the RFP and provide all requested information. Offerors are encouraged to review each section carefully.

To determine which proposal provides the best value to SLCC, the evaluation committee shall evaluate each responsive and responsible proposal that has not been disqualified from consideration using the criteria described in this RFP.

After the evaluation and final scoring of proposals is completed, SLCC shall award the contract as soon as practicable to the eligible responsive and responsible Offeror.

SLCC may cancel this solicitation at any time.

Proposal Evaluation Process

Stage 1: Initial Review In the initial phase of the evaluation process, SLCC will review all proposals timely received. Non-responsive proposals not conforming to RFP requirements or unable to meet the mandatory minimum requirements will be eliminated from further consideration.

Stage 2: Technical Proposal Evaluation Responsive proposals will then be evaluated by an evaluation committee against the proposal evaluation criteria noted in the Technical Criteria prerequisite of this RFP.

The top scoring offers will proceed to the Final Stage: Cost Proposal Evaluation.

The evaluation committee, for this RFP, will tally the final scores for criteria other than cost to arrive at a consensus score by the following method: total of all of the points given by individual committee members; or an average of the individual scores.

Proposals may be evaluated in multiple phases. The College may limit the proposals that proceed to subsequent evaluation phases. If additional technical evaluation phases are needed, for example:

demonstrations, presentations, and proofs of concept, they will be scheduled and evaluated by the committee as part of the technical evaluation.

Final Stage: Cost Proposal Evaluation Offerors successful in the technical evaluation will advance to the Final Stage: Cost Proposal Evaluation. The Offeror with the lowest total cost will receive 100% of the total cost points. All other Offerors will receive a portion of the total cost points based on what percentage higher their total cost is than the total lowest cost. The formula to compute the points is: Cost Points x (Proposed Price/Lowest Proposed Price).

Solicitation Award Not a Contract

A solicitation award does not constitute a contract. Any award made through U3P, notifications received from U3P, email notifications received directly from the procurement unit, documents received by the vendor, or documents posted in U3P, do not constitute or create a contract. Only a fully executed PO or a fully executed contract constitutes a binding contract.

Between the notification of award and the receipt of a fully executed PO or contract, the procurement unit may cancel the award and/or the solicitation in full, or in part in accordance with UCA 63G-6a-902 and 63G-6a-120.

If awarded, vendor(s) may not begin work, purchase materials, or enter into subcontracts relating to this solicitation until they receive a fully executed PO or contract.

Contract Provision Requirements

Pursuant to Utah Code § 63G-6a-1203, certain provisions in procurement contracts with governmental entities are void and unenforceable. Vendors responding to this solicitation or entering into a contract with Salt Lake Community College should be aware that:

Any contract provision that requires indemnification by the governmental entity, limits the governmental entity’s legal rights, imposes out-of-state law or venue, mandates binding arbitration, restricts legal representation, or allows unilateral modification by the vendor is prohibited and will be deemed void.

All contracts must comply with the Governmental Immunity Act of Utah and applicable state procurement laws. Vendors are encouraged to review the full text of Utah Code § 63G-6a-1203, which outlines these restrictions in detail: https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S1203.html

Failure to comply may result in rejection of the bid/proposal or modification of contract terms prior to execution.

Protests

Protests are governed by UCA 63G-6a Part 16.

Anti-Boycott Actions

In accordance with UCA 63G-27 et seq., vendors contracting with the State to provide any good or service, including supplies, information technology, or construction services, must certify that they are not currently engaged in an “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in 63G-27-102.

Vendors must also agree not to engage in either boycott for the duration of this contract. For example, a vendor may not, without an ordinary business purpose, boycott the State of Israel or boycott companies that (1) engage in activities related to traditional energy, mining, agriculture; (2) engage in the manufacture, distribution, sale, or use of firearms; (3) do not meet environmental standards beyond applicable state and federal laws; or (4) do not facilitate access to abortion or sex characteristic surgeries.

Accordingly, the contractor will be expected to certify in the contract that it is not currently engaged in either an economic boycott or a boycott of the State of Israel, or both. The contractor will also have to certify in the contract that it will not engage in such boycotts during the term of this contract, and that if the contractor does engage in either such boycott, or both, it will promptly notify the State in writing. The contractor is advised to read and understand the provisions of UCA 63G-27 et. seq.

https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S1203.html https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S1203.html