71412413 Online Auction.pdf

Request for Proposal 71412413

For

Online Auction Services for Disposition of University Surplus Property

March 15, 2024

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

RFP # 71412413, Online Auction Services for Disposition of University Surplus Property

INCLUDE THIS PAGE WITH YOUR PROPOSAL, SIGNATURE AT SUBMISSION IS REQUIRED

DUE DATE: Proposals will be received until April 15, 2024 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

INQUIRIES: All inquiries for information regarding this solicitation should be directed to Angela Caldwell, Phone: (540) 231-1269 e-mail: acaldwell@vt.edu. All inquiries will be answered in the form of an addendum. Inquiries must be submitted by 2:00 PM on March 29, 2024. Inquiries must be submitted to the procurement officer identified in this solicitation.

PROPOSAL SUBMISSION:

*Please note, proposal submission procedures have changed effective March 2023.

Proposals may NOT be hand delivered to the Procurement Office.

Proposals should be submitted electronically through Virginia Tech’s procurement portal. This portal allows you access to view business opportunities and submit bids and proposals to Virginia Tech digitally and securely.

Proposals must be submitted electronically at:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=VATech

Vendors will need to register through this procurement portal, hosted by Jaggaer. It is encouraged for all vendors to register prior to the proposal submission deadline to avoid late submissions.

Registration is easy and free. If you have any challenges with the registration process, please contact Jaggaer Support at 1-800-233-1121 or procurement@vt.edu.

Click on the opportunity and log in to your vendor account to begin preparing your submission. Upon completion, you will receive a submission receipt email confirmation. Virginia Tech will not confirm receipt of proposals. It is the responsibility of the offeror to make sure their proposal is delivered on time.

Hard copy or email proposals will not be accepted. Late proposals will not be accepted, nor will additional time be granted to any individual Vendor.

Attachments must be smaller than 50MB in order to be received by the University.

In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods or services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

AUTHORIZED SIGNATURE: ____________________________ Date: _________________________

[INCLUDE THIS PAGE]

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=VATech

I. PURPOSE:

This Request for Proposal (RFP) seeks to solicit proposals to establish a contract through competitive negotiations by Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

Up until 2020, Virginia Tech held in person auctions at its warehouse in Blacksburg. With COVID restrictions the university converted to a solely online auction format, holding up to ten auctions per year online. Our original contract with Matthews Auctioneers is expiring in the summer of 2024 and we are resoliciting for an online auction platform and service provider to partner with the university.

Sales from the online auctions per year since FY20 are as follows:

FY23: $ 1,048,658.48

FY22: $ 872,919.28

FY21: $ 743,772.00

FY20: $ 524,456.00

II. SMALL, WOMAN-OWNED AND MINORITY (SWAM) BUSINESS PARTICIPATION:

The mission of the Virginia Tech supplier opportunity program is to foster inclusion in the university supply chain and accelerate economic growth in our local communities through the engagement and empowerment of high quality and cost competitive small, minority-owned, women-owned, and local suppliers. Virginia Tech encourages prime suppliers, contractors, and service providers to facilitate the participation of small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, and other inclusive and innovative relationships.

For more information, please visit: https://www.sbsd.virginia.gov/

III. CONTRACT PERIOD:

The term of this contract is for five year(s), or as negotiated. There will be an option for three (3) two (2) year renewals, or as negotiated.

IV. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a vendor within the eVA system.

There are transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system.

Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm and register both with eVA and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration.

For registration and technical assistance, reference the eVA website at: https://eva.virginia.gov/, or call 866-289-7367 or 804-371-2525.

https://www.sbsd.virginia.gov/ http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm https://eva.virginia.gov/

V. CONTRACT PARTICIPATION:

It is the intent of this solicitation and resulting contract to allow for cooperative procurement.

Accordingly, any public body, public or private health or educational institutions, or Virginia Tech’s affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract, if requested. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract, as requested. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

VI. STATEMENT OF NEEDS/SCOPE OF WORK:

A. The University is seeking a single, experienced online auction service to execute online/internet surplus property auctions for and at no cost to the University.

B. The University will prepare and sequentially number all lots of items that will be offered for sale and will provide quality pictures of the merchandise and corresponding descriptions to upload to the online platform. The University is willing to upload this information to the online auction platform or provide the raw data for preparation of the online auction in the system by the awarded firm.

C. Offeror must provide a secure, state of the art online bidding system that has a unique URL in which prospective bidders can register, be pre-approved, place multiple bids and receive electronic communications quickly and efficiently. The online bidding system must also provide seamless functionality to conduct all aspects of online sales, including the adding and removal of lots.

D. Offeror will be responsible for collection of all winning bids. Offeror must be able to accept and process credit card transactions or other methods of electronic fund transfers with no additional transaction and/or processing fees charged to the university or the bidders. The online platform used must adhere to all industry standards and PCI compliance.

Vendor represents and warrants that for the life of the contract and/or while Vendor has possession of University customer cardholder data, the software and services used for processing transactions shall be compliant with standards established by the Payment Card Industry (PCI) Security Standards Council (www.pcisecuritystandards.org). In the case of a third-party application, the application will be listed as PA-DSS compliant at the time of implementation by the University. Vendor acknowledges and agrees that it is responsible for the security of all University customer cardholder data in its possession. Vendor agrees to indemnify and hold University, its officers, employees, and agents, harmless for, from, and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees), and expenses arising out of or relating to any loss of University customer credit card or identity information managed, retained, or maintained by Vendor, including but not limited to fraudulent or unapproved use of such credit card or identity information. Vendor shall, upon written request, furnish proof of compliance with the Payment Card Industry Data Security Standard (PCI DSS) within 10 business days of the request.

Vendor agrees that, notwithstanding anything to the contrary in the Agreement or the Addendum, the University may terminate the Agreement immediately without penalty upon notice to the Vendor in the event Vendor fails to maintain compliance with the PCI DSS or fails to maintain the confidentiality or integrity of any cardholder data.

Contractor agrees that if its service provider, “” becomes non-PCI compliant or a Qualified Security Assessor (QSA), or acquiring bank notifies Hi-bid/Auction Flex it is not PCI-compliant, contractor will notify the University within 15 days of this change in status.

Contractor agrees that if its service Provider “Hi-bid/Auction Flex” becomes aware of an unauthorized release or breach of the cardholder data environment, Contractor will notify the university within twenty-four (24) hours. If the discovery of a breach were to occur on a weekend, Virginia Tech has a help-line (540-231-4357) that is available 24 hours a day, 7 days a week for reporting.

E. Offeror must be prepared to provide to the University a full remittance check representing reconciled net proceeds within fifteen (15) business days. Payment should include a copy of the final auction results and documentation showing that all collected sales tax has been paid in accordance with the Department of Taxation. Only one remittance check per auction will be permitted.

F. Offeror shall submit copies of all sales receipts no later than 3:00 PM Friday following the auction.

G. Offeror shall place all gross sales proceeds in an FDIC insured bank located within the Commonwealth of Virginia and such funds must be placed in an account used exclusively for the purpose of retaining the proceeds of the auction until full reconciliation and payment is remitted to the University by the Offeror. Sales funds shall not be co-mingled with Offeror’s private funds under any circumstances.

H. Auction will be advertised for pick up only. Pick Up of merchandise will be coordinated and overseen by the University Surplus Staff. Pickup begins the Saturday following the auction.

Receipt’s from auction company need to be sent to Surplus no later than 3:00pm the Friday following the auction. Offeror can offer assistance with the coordination of the pickup of merchandise by remitting all paid invoices within seven (7) business days to the university and channeling any communication regarding pick up of merchandise to the Virginia Tech Surplus Property Department.

I. The University will cooperate with any shipping or freight service offered and managed through Offeror’s services direct to the buyers as long as the arranged shipper or freight company takes full responsibility for pickup and packaging of the items with no additional services needed or provided by the University Surplus Department. The University’s Gross and Net proceeds shall not be affected by any offering of shipping or freight services by the Offeror to the buyers.

J. Offeror will be required to advertise the University’s Auction just as the offeror advertises their other auctions. The selected Offeror is responsible for all their advertising costs. The University will also advertise the auction through its website and normal communication channels and will be responsible for its advertising costs. Offeror’s marketing and advertising costs may not be deducted from gross or net sales proceeds.

K. All reports shall provide management and sale reports and make them electronically available in Microsoft Excel.

L. In the event of non-payment by a buyer, said buyer shall be subject to suspension from all future auctions conducted by the offeror for Virginia Tech.

VII. PROPOSAL PREPARATION AND SUBMISSION:

A. Specific Requirements

Proposals should be as thorough and detailed as possible so that Virginia Tech may properly evaluate your capabilities to provide the required goods or services. Offerors are required to submit the following information/items as a complete proposal:

1. Provide your company’s background, history and volume of online auction experience.

2. Provide company’s online bidding system.

A. Include a detailed description of your online auction system including screenshots or providing a link to view a demo of the product.

3. Implementation Plan:

A. Describe how you will register bidders and track results of multiple auction bidding events that end simultaneously or separately.

B. Describe how you will provide online security and identify protection.

C. Describe your normal terms and conditions of sale to buyers.

D. Describe how you will remedy and discourage delinquent buyers.

E. Describe the size and demographics of your buyers list and why you feel it would benefit the University if you were the selected Offeror.

F. Describe how you will recruit and register new buyers for online auctions of University

Surplus property.

G. Describe how you will ensure accurate information on sales receipts.

H. Describe how you will generate highest available sales prices for items.

I. Describe how you will collect payment and ensure against fraudulent transactions on the part of the bidders.

4. Quality Control Plan:

A. Provide details on your procedures to monitor the quality of services.

B. Describe details on methods used to monitor, identify and correct deficiencies in the quality of service provided and impact on the auction services being provided.

C. Describe how you will ensure a secure and reliable online presence during an auction, and what contingencies you have in place should a major technical problem disrupts an auction.

D. Describe how you will ensure that you will not have server failures occur in the course of the online auction. Include contingencies and redundancies in your technology plan.

5. Default by High Bidders:

A. Describe your company’s policies and procedures in the case of defaults by the highest successful bidder after close of sale.

B. Describe techniques that your company employs to discourage highest successful bidders from defaulting on commitment to buy an item after close of sale.

6. Reports and Project Control:

A. Describe your firm’s abilities to provide the following reports:

1. Annual Sales Report – shall be provided to Virginia Tech following the end of each fiscal year (June 30).

2. Marketing Reports – an advertising breakdown showing publication circulation or other means to support the auction as a publicly provided auction.

3. Auction Reports – a complete computerized listing of the initial sales results within one (1) hour from the close of each sale.

4. Final Auction Reports – a complete computerized listing of all complete sales reports within twenty-four (24) hours of the close of each sale.

5. Reconciled Auction Reports – a complete and reconciled auction report submitted no later than seven (7) business days from the close of each sale. This report should report the following:

a. Number of lots sold

b. List of selling prices by lot number and lot description

c. Total Sales

d. Bidder List

e. Bidder Total

f. Any technical or other problems that may have been interfered with conduct of the auction

g. Other information that may be requested

6. Quarterly bank account statements – showing the complete and reconciled disbursement of the account used to collect auction sale proceeds.

7. Submission of Commission Rate Proposal (See Attachment D – Submission Template)

8. Participation of Small, Women-owned and Minority-owned Business (SWAM) Business:

If your business cannot be classified as SWaM, describe your plan for utilizing SWaM subcontractors if awarded a contract. Describe your ability to provide reporting on SWaM subcontracting spend when requested. If your firm or any business that you plan to subcontract with can be classified as SWaM, but has not been certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), it is expected that the certification process will be initiated no later than the time of the award. If your firm is currently certified, you agree to maintain your certification for the life of the contract. For assistance with SWaM certification, visit the SBSD website at http://www.sbsd.virginia.gov/

9. The return of the Submission Instruction page and addenda, if any, signed and filled out as required.

B. General Requirements

1. RFP Response: In order to be considered for selection, Offerors shall submit a complete response to this RFP to include;

A. One (1) electronic document in WORD format or searchable PDF of the entire proposal as one document, INCLUDING ALL ATTACHMENTS must be uploaded through the Virginia Tech online submission portal. Refer to page 2 for instructions.

Any proprietary information should be clearly marked in accordance with 2.d. below.

B. Should the proposal contain proprietary information, provide one (1) redacted electronic copy of the proposal and attachments with proprietary portions removed or blacked out. This redacted copy should follow the same upload procedures as described on Page 1 of this RFP. This redacted copy should be clearly marked “Redacted Copy” within the name of the document. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. Virginia Tech shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy.

No other distribution of the proposals shall be made by the Offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in Virginia Tech requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by Virginia Tech at its discretion. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

http://www.sbsd.virginia.gov/

b. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page.

The proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. Ownership of all data, material and documentation originated and prepared for Virginia

Tech pursuant to the RFP shall belong exclusively to Virginia Tech and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted.

The written request must specifically identify the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

2. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to Virginia Tech. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. Virginia Tech will schedule the time and location of these presentations. Oral presentations are an option of Virginia Tech and may not be conducted.

Therefore, proposals should be complete.

VIII. SELECTION CRITERIA AND AWARD:

A. Selection Criteria

Proposals will be evaluated by Virginia Tech using the following:

Maximum Point Criteria Value

1. Quality of products/services offered and suitability for 30 the intended purposes

2. Qualifications and experiences of Offeror in providing 20 the goods/services

3. Specific plans or methodology to be used to provide the 20 Services

4. Cost (or Price) 20

5. Participation of Small, Women-Owned and Minority 10 (SWAM) Business ______ Total 100

B. Award

Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall then be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Virginia Tech shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. Virginia Tech may cancel this Request for Proposal or reject proposals at any time prior to an award. Should Virginia Tech determine in writing and in its sole discretion that only one offeror has made the best proposal, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of this solicitation and the Contractor's proposal as negotiated.

Virginia Tech reserves the right to award multiple contracts as a result of this solicitation.

IX. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted by email to vtinvoices@vt.edu or by mail to:

Virginia Polytechnic Institute and State University (Virginia Tech) Accounts Payable North End Center, Suite 3300 300 Turner Street NW Blacksburg, Virginia 24061

X. METHOD OF PAYMENT:

Virginia Tech will authorize payment to the contractor as negotiated in any resulting contract from the aforementioned Request for Proposal.

Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech’s Procurement website:

http://www.procurement.vt.edu/vendor/wellsone.html or contact the procurement officer identified in the RFP.

mailto:vtinvoices@vt.edu http://www.procurement.vt.edu/vendor/wellsone.html

XI. ADDENDUM:

Any ADDENDUM issued for this solicitation may be accessed at http://www.apps.vpfin.vt.edu/html.docs/bids.php. Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly.

XII. COMMUNICATIONS:

Communications regarding this solicitation shall be formal from the date of issue, until either a Contractor has been selected or the Procurement Department rejects all proposals. Formal communications will be directed to the procurement officer listed on this solicitation. Informal communications, including but not limited to request for information, comments or speculations regarding this solicitation to any University employee other than a Procurement Department representative may result in the offending Offeror’s proposal being rejected.

XIII. CONTROLLING VERSION OF SOLICITATION:

The posted version of the solicitation and any addenda issued by Virginia Tech Procurement Services is the mandatory controlling version of the document. Any modification of/or additions to the solicitation by the Offeror shall not modify the official version of the solicitation issued by Virginia Tech Procurement Services. Such modifications or additions to the solicitation by the Offeror may be cause for rejection of the proposal; however, Virginia Tech reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

XIV. TERMS AND CONDITIONS:

This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions, see Attachment A.

XV. CONTRACT ADMINISTRATION:

A. Ron Barrett, Assistant Director for Surplus Property at Virginia Tech or their designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or their designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or their designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract.

XVI. ATTACHMENTS:

Attachment A - Terms and Conditions Attachment B - Commission Rate Proposal http://www.apps.vpfin.vt.edu/html.docs/bids.php

ATTACHMENT A

TERMS AND CONDITIONS

RFP GENERAL TERMS AND CONDITIONS

See:

https://www.procurement.vt.edu/content/dam/procurement_vt_edu/docs/terms/GTC_RFP_02182022.pdf

ADDITIONAL TERMS AND CONDITIONS

1. ADDITIONAL GOODS AND SERVICES: The University may acquire other goods or services that the supplier provides other than those specifically solicited. The University reserves the right, subject to mutual agreement, for the Contractor to provide additional goods and/or services under the same pricing, terms and conditions and to make modifications or enhancements to the existing goods and services. Such additional goods and services may include other products, components, accessories, subsystems, or related services newly introduced during the term of the Agreement.

2. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or the State auditors shall have full access and the right to examine any of said materials during said period.

3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

4. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor.

In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

5. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Request for

Proposal including all modifications thereof, the proposal submitted by the Contractor, the written results of negotiations, the Commonwealth Standard Contract Form, all of which shall be referred to collectively as the Contract Documents.

6. IDENTIFICATION OF PROPOSAL: Virginia Tech will only be accepting electronic submission of proposals. All submissions must be submitted to the Virginia Tech online submission portal. Upon completion you will be directed to your Submission Receipt. Virginia Tech will not confirm receipt of proposals. It is the responsibility of the offeror to make sure their proposal is delivered on time.

Attachments must be smaller than 50MB in order to be received by the University. Proposals may NOT be hand delivered to the Procurement Office.

7. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing via email.

8. SEVERAL LIABILITY: Virginia Tech will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable entities described herein will be severally liable to the extent of their purchases made against any contract resulting from this solicitation.

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.procurement.vt.edu%2Fcontent%2Fdam%2Fprocurement_vt_edu%2Fdocs%2Fterms%2FGTC_RFP_02182022.pdf&data=04%7C01%7Ckblink%40vt.edu%7C018aeb2aaa35421c9fe708da02d3670e%7C6095688410ad40fa863d4f32c1e3a37a%7C0%7C0%7C637825404247717701%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=LamekI9%2FuUesWyipfZ0nwEyjJfuXxvX2vD%2BwBehgPiY%3D&reserved=0

9. CLOUD OR WEB HOSTED SOFTWARE SOLUTIONS: For agreements involving Cloud-based Web-hosted software/applications refer to link for additional terms and conditions:

http://www.ita.vt.edu/purchasing/VT_Cloud_Data_Protection_Addendum_final03102017.pdf

10. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to Virginia Tech will be used in product literature or advertising. The contractor shall not state in any of the advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services.

11. CRIMINAL CONVICTION CHECKS: All criminal conviction checks must be concluded before the

Contractor’s employees gaining access to the Virginia Tech Campus. Employees who have separated employment from Contractor shall undergo another background check before re-gaining access to the Virginia Tech campus. Contractor shall ensure subcontractors conduct similar background checks. All criminal conviction checks will normally include a review of the individual’s records to include Social Security Number Search, Credit Report (if related to potential job duties), Criminal Records Search (any misdemeanor convictions and/or felony convictions are reported) in all states in which the employee has lived or worked over the past seven years, and the National Sex Offender Registry. In addition, the Global Watch list (maintained by the Office of Foreign Assets Control of The US Department of Treasury) should be reviewed. Virginia Tech reserves the right to audit a contractor’s background check process at any time. All employees must self-disclose any criminal conviction(s) occurring while assigned to the Virginia Tech campus. Such disclosure shall be made to Contractor, which in turn shall notify the designated Virginia Tech contract administrator within 5 days. If, any time during the term of the contract, Virginia Tech discovers an employee has a conviction which raises concerns about university buildings, property, systems, or security, the contractor shall remove that employee’s access to the Virginia Tech campus, unless Virginia Tech consents to such access in writing. Failure to comply with the terms of this provision may result in the termination of the contract.

a. The University has an awarded contract with a service provider for criminal conviction screening and background checks. The University prefers this vendor be utilized by the Contractor to comply with the contractual obligations and University Policy 4060.

b. If Contractor chooses to utilize a different firm than the university’s preferred provider, the Contractor’s selected service provider shall be pre-approved by the Virginia Tech Police department as an acceptable service provider for criminal conviction and background checks to ensure that firm’s service levels meet the requirements of University Policy 4060.

c. If a Contractor chooses to utilize a different firm than the university’s preferred provider, a five-day hold will be required before placement of employees deemed by the Contractor to meet all of the requirements of the University including a clean background check. Contractor shall provide the University with the name, date of birth and the last four digits of the social security number of all individual(s) to be placed in a temporary position under this contract. The University reserves the right to conduct its own background check process during this hold period.

12. INSURANCE: By signing and submitting a Proposal/Bid under this solicitation, the offeror/bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

During the period of the contract, Virginia Tech reserves the right to require the contractor to furnish certificates of insurance for the coverage required.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Worker's Compensation - Statutory requirements and benefits.

B. Employers Liability - $100,000.00 C. General Liability - $2,000,000.00 combined single limit. Virginia Tech and the Commonwealth of Virginia shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, http://www.ita.vt.edu/purchasing/VT_Cloud_Data_Protection_Addendum_final03102017.pdf

Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00 E. Builders Risk – For all renovation and new construction projects under $100,000 Virginia Tech will provide All Risk – Builders Risk Insurance. For all renovation contracts, and new construction from $100,000 up to $500,000 the contractor will be required to provide All Risk – Builders Risk Insurance in the amount of the contract and name Virginia Tech as additional insured. All insurance verifications of insurance will be through a valid insurance certificate.

F. The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

13. LICENSE TO USE VIRGINIA TECH LICENSED INDICIA: By signing and submitting this Proposal/Bid, the offeror/bidder agrees that if it is awarded a purchase order/contract as a result of this solicitation, it will follow the procedures outlined by Virginia Tech’s Licensing and Trademarks Administration to become a licensed vendor authorized to use Virginia Tech licensed trademarks indicia identified in the solicitation and to follow all procedures for submitting artwork for product for approval prior to producing any product with Virginia Tech indicia. As a licensed vendor, the offeror/bidder will be required to pay the university’s standard royalty rate for similarly licensed vendors. More information on the licensing process and application can be found at: http://clc.com/Licensing-Info.aspx.

14. SIDEWALK POLICY: Driving on sidewalks is allowed when there is no other way to get a needed vehicle to a designated place or building on campus. The vehicle operator shall be made aware that extreme caution shall be used to operate the vehicle in a way that will not be a hazard or hindrance to pedestrians using the walk. The contractor shall be responsible for any damage to turf and anything that is located adjacent to the walk. Parking an unattended vehicle on a sidewalk is strictly prohibited by State Law. The contractor is allowed to park a vehicle on a sidewalk if there is no other way to perform necessary work. The procedure to obtain a permit to operate a vehicle on sidewalks is the same as for the turf as outlined in Turf Policy. Any vehicle parked illegally on sidewalks shall be subject to ticketing, fines and towing if necessary.

15. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of

Virginia Tech. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish Virginia Tech the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

16. TURF POLICY: Parking or driving on campus turf or sidewalk is strictly prohibited, except as specifically directed or otherwise allowed by the Physical Plant Grounds Department. In this case, a turf permit must be obtained from Virginia Tech Parking Services and displayed by the vehicle. Turf parking is not allowed under the canopy of any tree on campus. Any vehicle parked illegally on turf or sidewalks shall be subject to ticketing and fines.

http://clc.com/Licensing-Info.aspx

Attachment B

Commission Rate Proposal

Commission Rate should cover all overhead, fringes, and profit. The university prefers this to be a turnkey service agreement with a single payment of net proceeds back to the University.

Complete lines as applicable to your proposal:

Gross Sales % of Gross Sales Commission From To:

Additional Comments to Virginia Tech in order to fully understand your firm’s commission proposal: