DSU260407-rfp.pdf

Delaware State University

RFP for Entertainment Services - Contract No. DSU260407 - ENTERTAINM Page 1

Request for Proposal

Entertainment Services

Contract No. DSU260407 - ENTERTAINM

Bid packets must be received by: 3:00pm on March 31, 2026

Time listed above is the local time in the State of Delaware

E-mail: contracts@desu.edu

Note: Bidder bears the risk of bid’s late delivery, non-delivery, or spam box delivery. Bidder must have a system delivered e-mail return receipts request.

Point of Contact: Procurement Team

E-mail: contracts@desu.edu mailto:contracts@desu.edu mailto:zchaudhry@desu.edu

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ALL VENDORS:

The enclosed packet contains a "REQUEST FOR PROPOSAL" (RFP) for the contract listed on cover page. The proposal consists of the following:

I. Introduction II. Scope of Work III. Format For Proposal IV. Proposal Evaluation Procedures V. Pre-Bid Meeting VI. Definitions and General Provisions VII. Proposal Reply Section - Proposal/ Bid Submission Form

Attachments:

1) Non-Collusion Statement

2) Exceptions

3) Confidentiality and Proprietary Information

4) Business References

5) Subcontractor Information Form

6) Bid/ Pricing Sheet

Appendixes:

A. Details of the scope of work B. Cyber Responsibilities, Liability and Insurance

Responses must be submitted electronically via email to contracts@desu.edu . The email subject line must include the RFP title and contract number. The RFP title may be abbreviated if necessary.

Each electronic submission must consist of one single file only. The file name must begin with the vendor’s legal name. The uncompressed file size must not exceed 5 megabytes. The submission must be in PDF format, must not be password‑protected, and must be provided as one consolidated file, not multiple attachments. Any deviation from these requirements will result in automatic rejection of the submission.

Vendors shall not send any messages to this email address other than the required submission. Any unnecessary or unrelated emails may be automatically filtered as spam, and the vendor assumes full responsibility and liability for any resulting failure of the University to receive or respond to such communications.

The bidder bears all risks associated with incomplete submissions, late submissions, or submissions sent to any email address other than the one specified in this RFP. It is the bidder’s responsibility to ensure that a confirmation of receipt is obtained from the University. The University is not responsible for submissions that are filtered to spam, blocked, corrupted, or otherwise not delivered by the bidder’s or the University’s email systems unless and until the University issues an explicit confirmation of receipt.

In order for your proposal to be considered, the Proposal Reply Section shall be executed completely and correctly including but not limited to all attachments and bid submission form.

Please review and follow the information and instructions contained in the General Provisions and this Request for

Proposal (RFP).

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There will be NO mandatory pre-bid meeting.

Bid bond requirement for this RFP has been waived.

The term of the contract between the successful bidder and the University shall be Three (3) years. There is an option to renew the contract for Two (2) one-year extensions by negotiation.

This RFP will use non-State funds.

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I. INTRODUCTION

A. PURPOSE

Delaware State University (hereinafter referred to as “University”) solicits proposals from qualified vendors (hereinafter referred to as “vendor”) for Entertainment Services. It is our intent to receive proposals from qualified Bidders, demonstrating the capability to provide the quality of products and/or services required to meet the needs and objectives of the University. This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6924.

To get more information about University, please visit us at http://www.desu.edu

1. COMPETITIVE PROPOSAL

It has been determined by the Delaware State University, pursuant to Delaware Code Title 29, Chapter 6924 (a) that this solicitation be offered as a request for competitive proposals because the use of competitive bidding is not practical and/or not in the best interest of the University. The use of competitive proposals is necessary to:

• Use a contract other than a fixed-price type; or

• Conduct oral or written discussions with vendors concerning technical and price aspects of their proposals; or

• Afford vendors an opportunity to revise their proposals through best and final offers; or

• Compare the different price, quality and contractual factors of the proposals submitted; or

• Award a contract in which price is not the determining factor.

2. CONTRACT REQUIREMENTS

The contract will be issued to meet the University needs as described in the scope of work.

3. STATE AGENCY USE CONTRACT

Pursuant to 29 Del. C. §6904(e) respectively, if no state contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency's contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency's contract when the arrangement is agreeable to all parties.

4. MULTIPLE SOURCE AWARD

The University reserves the right to award this contract to more than one vendor pursuant to 29 Del. C.

§6926.

5. POTENTIAL CONTRACT OVERLAP

Vendors shall be advised that the University, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its departments and as it serves the best interest of the University. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The University reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors during the same period, to award by types, on a zone-by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the University.

http://delcode.delaware.gov/title29/c069/sc06/index.shtml http://www.desu.edu/ http://delcode.delaware.gov/title29/c069/sc01/index.shtml http://delcode.delaware.gov/title29/c069/sc03/index.shtml#6926

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6. CONTRACT PERIOD

Each Vendor’s contract shall be valid for period as listed previously in this RFP. The University reserves the right to extend this contract on a month-to-month basis after the term of the full contract has been completed. However, the University reserves the right to change the term of the contract resulting from this RFP as deemed necessary and at its sole discretion. The University reserves the right to terminate any contract at any time upon 30-day notice. Further, the University reserves the right to negotiate with the Vendor any additional contracts that would start prior to the intended expiration date, and/or has the option to extend the intended expiration date.

B. KEY RFP DATES/MILESTONES

The following dates and milestones apply to this RFP and subsequent contract award. Vendors are advised that these dates and milestones are not absolute and may change due to unplanned events during the bid proposal and award process.

• Non-Mandatory Site visit February 24, 2026 at 10:00 AM (Martin Luther King Building, First Floor in front of elevators, 1200 N. DuPont Highway, Dover, DE 19901.

Contact for this site visit only is Ms. Chandra Roberson, Ph. 302-857-7911, Email:

croberson@desu.edu .

Important Note: This contact information is provided solely to facilitate the site visit. Any other use including questions, submissions, evaluations, or bid results will be the sole responsibility of the sender and may result in disqualification from the bidding process or rejection of the bid. All such inquiries must be directed only to contracts@desu.edu.

• Deadline to Receive Questions February 27, 2026 at 10:00 AM

• Responses to Questions Posted by March 18, 2026

• Bid Opening March 31, 2026 at 3:00 PM

• Contractor Selection Date TBD

• Projected Contract Start Date April 15, 2026

* Each of the above dates is subject to change. Local time means the State of Delaware local time.

Note: All questions must be submitted in writing and provided in Microsoft Word format. Each question shall be written in paragraph form, numbered sequentially, and shall not include tables, Microsoft Excel spreadsheets, or any other embedded objects or attachments. All questions must be submitted via email to contracts@desu.edu. Questions shall conform exactly to the required format described below. Any submission that deviates from these requirements will not be reviewed, accepted, or considered by the University.

Section number___, Paragraph number___, Page number___, Text of passage being questioned____, Question: _________________________________________.

mailto:croberson@desu.edu

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Answers will be published at https://mmp.delaware.gov/Bids/ in the form of an addendum next to the RFP.

We will publish all public related information, including but not limited to answers to RFP questions, amendments or changes to the RFP, changes to the RFP's scheduled events/ dates, contract award/ no award, and other relevant information at https://mmp.delaware.gov/Bids/ next to the RFP. Most of this information will be published in the form of addendums. Please do not expect to receive any personalized or individual responses from the University. Therefore, we encourage all prospective bidders to please take a moment to register your organization (provided you have not already done so) by clicking at https://denotificationservices.bbcportal.com/

C. RFP DESIGNATED CONTACT

All requests, questions, or other communications about this RFP shall be made in writing to the University. Address all communications to the person listed below; communications made to other University personnel or attempting to ask questions by phone or in person will not be allowed or recognized as valid and may disqualify the vendor. Vendors should rely only on written statements issued by the RFP designated contact.

Attention: Procurement Team

To ensure that written requests are received and answered in a timely manner, e-mail correspondence must be sent to contracts@desu.edu

D. CONTACT WITH UNIVERSITY EMPLOYEE

Direct contact with University employees other than the University Designated Contact regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting University employees risk elimination of their proposal from further consideration.

II. SCOPE OF WORK

A. OVERVIEW

The Vendor(s) shall provide all equipment, materials and labor to supplement the University’s need for this contract as described herein in Appendix A. The contract will require the Vendor(s) to cooperate with the University to ensure the University receives the most current state-of-the-art material and/or services.

III. FORMAT FOR PROPOSAL

A. INTRODUCTION

https://mmp.delaware.gov/Bids/ https://mmp.delaware.gov/Bids/ https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdenotificationservices.bbcportal.com%2F&data=04%7C01%7Czchaudhry%40desu.edu%7C07e0dae40e3e4e042d1508d8a135074f%7C1a576c15cba74f15aed5b851323730e6%7C0%7C0%7C637436596416077302%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yi37KXin7lQtbpd0ytBi5aBEDsqXVb%2BmnTXT5s5gG8o%3D&reserved=0

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This section prescribes the mandatory format for the presentation of a proposal in response to this RFP. Each Vendor must provide every component listed in the order shown in this RFP, using the format prescribed for each component. A proposal may be rejected if it is incomplete or conditional.

B. PROPOSAL RESPONSE

The Request for Proposal may contain pre-printed forms for use by the vendor in submitting its proposal. The forms required by this solicitation shall be considered mandatory, prevailing documents.

When preprinted forms are used, the forms shall contain basic information such as description of the item and the estimated quantities and shall have blank spaces for use by the vendor for entering information such as unit bid price, total bid price, as applicable.

The Vendor's proposal shall be written in ink or typewritten on the form provided, and any corrections or erasures

MUST be initialed by vendor’s representative completing the bid submission.

If items are listed with a zero quantity, Vendor shall state unit price ONLY (intended for open end purchases where estimated requirements are not known). The proposal shall show a total bid price for each item bid and the total bid price of the proposal excluding zero quantity items.

Vendors’ proposal must respond to each and every requirement outlined in the RFP criteria in order to be considered responsive. Proposals must be clear and concise.

C. NON-CONFORMING PROPOSALS

Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive or a mere formality shall reside solely within the University.

D. CONCISE PROPOSALS

The University discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The University’s interest is in the quality and responsiveness of the proposal.

E. COVER LETTER

Each proposal will have a cover letter on the letterhead of the company or organization submitting the proposal.

The cover letter must briefly summarize the Vendor's ability to provide the services specified in the RFP. The cover letter shall be signed by a representative who has the legal capacity to enter the organization into a formal contract with the University.

F. TABLE OF CONTENTS

Each proposal must include a Table of Contents with page numbers for each of the required components of the proposal.

G. DESCRIPTION OF SERVICES AND QUALIFICATIONS

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Each proposal must contain a detailed description of how the Vendor will provide the goods and services outlined in this RFP. This part of the proposal may also include descriptions of any enhancements or additional services or qualifications the Vendor will provide that are not mentioned in this RFP.

H. DISCOUNT

Vendors are invited to offer in their proposal value added discounts (i.e. speed to pay discounts for specific payment terms). Cash or separate discounts should be computed and incorporated into unit bid price(s).

I. SAMPLES OR BROCHURES

Samples or brochures may be required by the University for the evaluation purposes. They shall be such as to permit the University to compare and determine if the item offered complies with the intent of the specifications.

J. ACKNOWLEDGEMENT OF UNDERSTANDING OF TERMS

By submitting a bid, each Vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

K. BID BOND REQUIREMENT

Bid bond requirement is waived for this RFP.

L. NUMBER OF COPIES WITH MAILING OF PROPOSAL

To be considered, all proposals must be submitted in writing and respond to the items outlined in this RFP. The

University reserves the right to reject any non-responsive or non-conforming proposals.

Any proposal received after the date and time deadline specified in this RFP on the cover page shall not be considered. Vendor bears the risk of late delivery or delivery at any other location of the University than specified herein. Any response/ responses received after the stated time or received at any other location of the University than specified herein will not be entertained. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to this RFP.

The University reserves the right to award the proposed contract to multiple Vendors if the University determines that such an award is in the best interest of the University.

M. PROPOSAL EXPIRATION DATE

Prices quoted in the proposal shall remain fixed and binding on the bidder at least through the term of the contract. University reserves the right to ask for an extension of time if needed.

N. WITHDRAWAL OF PROPOSALS

A Vendor may withdraw its proposal unopened after it has been deposited, if such a request is made prior to the time set for the opening of the proposal.

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O. PROPOSAL MODIFICATIONS

Any changes, amendments or modifications to a submitted proposal requires that the original proposal be withdrawn, prior to the time set for the submission of the proposal, and a new proposal submitted prior to the deadline for submission of proposals.

Changes, amendments or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

P. LATE PROPOSALS

Proposals received after the specified date and time will not be accepted or considered. To guard against premature opening, proposals shall be submitted, plainly marked with the proposal title, vendor name, and time and date of the proposal opening. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt.

Q. ADDENDA TO THE REQUEST FOR PROPOSAL (RFP)

If it becomes necessary to revise any part of this RFP, revisions will be posted at http://bids.delaware.gov/ .

By submitting an offer to the University, vendors have acknowledged receipt, understanding and commitment to comply with all materials, revisions, and addenda related to the Request for Proposal.

R. INCURRED EXPENSES

The University will not be responsible for any expenses incurred by the vendor in preparing and submitting a proposal.

S. ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straight-forward, concise description of the Vendor’s offer to meet the requirements of the RFP.

T. DISCREPANCIES AND OMISSIONS

Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the University’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda. It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made.

All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing, no later than ten (10) calendar days prior to the time set for opening of the proposals.

U. EXCEPTIONS

Bidders may elect to take minor exception to the terms and conditions of this RFP by completing Attachment

2. Government Support Services shall evaluate each exception according to the intent of the terms and conditions contained herein, but Government Support Services must reject exceptions that do not conform to http://bids.delaware.gov/

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State bid law and/or create inequality in the treatment of bidders. Exceptions shall be considered only if they are submitted with the bid or before the date and time of the bid opening.

Exceptions must be submitted utilizing Attachment 2 to be considered. Exceptions listed elsewhere in the Vendor’s proposal will not be considered. University maintains sole discretion to reject any vendor exceptions that are submitted.

V. BUSINESS REFERENCES

Business references are to be provided via Attachment 4.

W. DOCUMENT(S) EXECUTION

All vendors must complete and submit with its proposal the non-collusion statement that is enclosed with this Request for Proposal labeled as Attachment 1. The awarded vendor(s) will be presented with the contract form for signature and seal, if appropriate. Both of these documents shall be executed by a representative who has the legal capacity to enter the organization into a formal contract with the University.

The University requires completion of the Delaware Substitute Form W-9 to make payments to vendors.

Successful completion of this form enables the creation of a University vendor record. The Taxpayer ID (SSN or EIN) and Applicant (vendor) name are submitted to the Internal Revenue Service for “matching.” If the Taxpayer ID and name do not match, the vendor record cannot be approved.

X. PRICE NOT CONFIDENTIAL

Vendors shall be advised that as a publicly bid contract, no Vendor shall retain the right to declare their pricing confidential.

IV. PROPOSAL EVALUATION PROCEDURES

A. GENERAL ADMINISTRATION

1. UNIVERSITY’S RIGHT TO REJECT PROPOSALS

University reserves the right to reject any or all proposals in whole or in part, to make multiple awards, partial awards, award by types, item by item, or lump sum total, whichever is determined to be the most advantageous to the University. Vendors submitting proposals may be afforded an opportunity for discussion. Vendors may be requested to provide a best and final offer during the negotiation process.

Negotiations may be conducted with responsible Vendors who submit proposals found to be reasonably likely to be selected for award. The contents of any proposal shall not be disclosed so as to be available to competing vendors during the negotiation process.

2. UNIVERSITY’S RIGHT TO CANCEL SOLICITATION

The University reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The University makes no commitments expressed or implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the University. Vendor’s participation in this process may result in the University selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment https://w9.accounting.delaware.gov/W9form.aspx

RFP for Entertainment Services - Contract No. DSU260407 - ENTERTAINM Page 11 by the University to execute a contract nor to continue negotiations. The University may terminate negotiations at any time and for any reason, or for no reason.

3. FORMAL CONTRACT AND/OR PURCHASE ORDER

No employee of the Vendor(s) is to begin any work prior to receipt of a University Purchase Order signed by authorized representatives of the University requesting service.

4. DELIVERY OF PROPOSALS

Proposals shall be delivered as prescribed in this RFP.

All proposals will be accepted at the time and place set in the RFP. Vendor bears the risk of late delivery or delivery at any other location of the University than specified herein. Any response/ responses received after the stated time or received at any other location of the University than specified herein will not be entertained.

5. PUBLIC OPENING OF PROPOSALS

The proposals may or may not be publicly opened at the time and place specified by the University. In case there is a public opening, vendors or their authorized representatives are invited to be present. In such case only the vendor’s name and address will be read aloud during the bid opening process.

6. DISQUALIFICATION OF VENDORS

Any one or more of the following causes may be considered as sufficient for the disqualification of a vendor and the rejection of its proposal or proposals:

a. More than one proposal for the same contract from an individual, firm, or corporation under the same or different names.

b. Evidence of collusion among vendors.

c. Unsatisfactory performance record as evidenced by past experience with the University, State of

Delaware or on a State of Delaware central contract.

d. Any suspension or debarment of the parent company, subsidiary or individual involved with the vendor by federal, any state or any local governments within the last five (5) years.

e. If the unit prices are obviously unbalanced either in excess or below reasonable cost analysis values.

f. If there are any unauthorized additions, interlineations, conditional or alternate bids or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

g. If required, non-attendance of mandatory pre-bid meetings shall be a cause of disqualification.

7. AUTHORITY OF UNIVERSITY

On all questions concerning the interpretation of specifications, the acceptability and quality of material furnished and/or work performed, the classification of material, the execution of the work, and the determination of payment due or to become due, the decision of the University shall be final and binding.

8. OR EQUAL (PRODUCTS BY NAME)

Specifications of products by name are intended to be descriptive of quality or workmanship, finish and performance. Desirable characteristics are not intended to be restrictive. Substitutions of products for those

RFP for Entertainment Services - Contract No. DSU260407 - ENTERTAINM Page 12 named will be considered provided the vendor certifies that the function, characteristics, performance and endurance qualities of the material offered is equal or superior to that specified.

B. RESPONSIVENESS AND RESPONSIBILITY OF VENDOR

University shall award this contract to the most responsible and responsive vendor who best meets the terms and conditions of the proposal.

1. Rejection of individual proposals. -- A proposal may be rejected for 1 or more of the following reasons:

a. The person responding to the solicitation is determined to be non-responsive or non-responsible;

b. It is unacceptable;

c. The proposed price is unreasonable; or

d. It is otherwise not advantageous to the University.

2. Vendors whose proposals are rejected as non-responsive shall be notified in writing about the rejection.

3. Responsibility of vendors. -- It shall be determined whether a vendor is responsible before awarding a contract. Factors to be considered in determining if a vendor is responsible include:

a. The vendor's financial, physical, personnel or other resources, including subcontracts;

b. The vendor's record of performance and integrity;

c. Any record regarding any suspension or debarment;

d. Whether the vendor is qualified legally to contract with the University;

e. Whether the vendor supplied all necessary information concerning its responsibility; and

f. Any other specific criteria establish by the University

4. If a vendor is determined to be non-responsible, the vendor shall be informed in writing.

5. The University reserves the right to waive minor irregularities, or request additional information before determining the responsiveness of the Vendor. All Vendors will be afforded the same or similar opportunities, as necessary, and will be treated with equal regard before such determinations are finalized.

C. PROPOSAL EVALUATION COMMITTEE

The Proposal Evaluation Committee (“Committee”) is comprised of representatives of the University.

The Committee reserves the right to:

• Select for contract or for negotiations a proposal other than that with lowest costs.

• Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

• Waive or modify any information, irregularity, or inconsistency in proposals received.

• Request modification to proposals from any or all vendors during the contract review and negotiation.

• Negotiate any aspect of the proposal with any vendor and negotiate with more than one vendor at the same time.

• Select more than one vendor pursuant to 29 Del. C. §6926.

University reserves the right to reject any or all bids in whole or in part, to make multiple awards, partial awards, award by types, item by item, or lump sum total, whichever may be most advantageous to the University.

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D. REQUIREMENTS OF THE VENDOR

The purpose of this section is to assist the Proposal Evaluation Committee to determine the ability of the organization to provide the materials and services described in the application.

E. CRITERIA AND SCORING

Evaluation Criteria Weight/

Scores

Meeting specifications and requirements of the University 20

Experience in providing such services

Pricing and other related costs 60

Any other value added 0

Total 100

Note:

For any contract involving temporary employee placement or the hiring of contractors that could be considered employees of the University (i.e. provided workspace on University property and under direct supervision of University employee). Under such circumstances, the Vendor must submit a separately identified Affordable Care Act (ACA) fee in the vendor’s proposal response on the bid/ pricing sheet even though it is not separately asked on the bid/ pricing form.

1. The vendor must clearly identify how the ACA Safe Harbor fee is charged (i.e. by frequency, including by invoice, by hour, by employee, etc.).

2. The ACA Safe Harbor fee will remain a component of the scoring part for bid/ pricing component.

Procurement Evaluation Committee members will assign up to the maximum number of points listed for each of the criteria listed above. For items having quantitative answers, points will be proportionate to each proposal’s response. Items with qualitative answers will receive the average of points assigned by Proposal Evaluation Committee members.

F. BEST AND FINAL OFFERS

Once the proposals have been evaluated and negotiations have been held with the vendor(s) determined to be likely to receive an award, the Procurement Evaluation Committee issue a request for Best and Final Offers from the vendor(s).

G. REFERENCES

The Committee may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. Additionally, the University may choose to visit existing installations of comparable systems, which may or may not include vendor personnel. If the vendor is involved in such site visits, the University will pay travel costs only for University personnel for these visits.

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H. ORAL PRESENTATIONS

Selected vendors may be invited to make oral presentations to the Committee. The vendor representative(s) attending the oral presentation shall be technically qualified to respond to questions related to the proposed system and its components.

All of the vendor's costs associated with participation in oral discussions and system demonstrations conducted for the University are the vendor’s responsibility.

V. PREBID MEETING

The mandatory requirement for attendance of pre-bid meeting has been waived.

VI. DEFINITIONS AND GENERAL PROVISIONS

The attached Definitions and General Provisions apply to all contracts and are part of each Request for Proposals.

The requirement to furnish a bid bond and performance bond is applicable unless waived. Should the General Provisions conflict with the Special Provisions, the Special Provisions shall prevail. Vendors, or their authorized representatives, are required to fully acquaint themselves as to State procurement laws and regulations prior to submitting bid.

A. DEFINITIONS: Whenever the following terms are used, their intent and meaning shall be interpreted as follows:

STATE: The State of Delaware

AGENCY: Delaware State University.

UNIVERSITY: Delaware State University.

BID INVITATION: The "invitation to bid" or “Request for Proposals” is a packet of material sent to vendors and consists of General Provisions, Special Provisions, specifications, and enclosures.

BOND: The approved form of security furnished by the Vendors and its surety as a guaranty of good faith on the part of the Vendor to execute the work in accordance with the terms of the contract.

CONTRACT: The written agreement covering the furnishing and delivery of material or work to be performed.

DESIGNATED OFFICIAL: The agent authorized to act for Delaware State University.

GENERAL PROVISIONS: General Provisions are instructions pertaining to contracts in general. They contain, in summary, requirements of laws of the State, policies of the Agency, and instructions to vendors.

LOCAL TIME: Eastern Standard Time/Eastern Daylight Time

OPPORTUNITY BUY: A special offer from a supplier that is usually associated with a limited time to respond.

PROPOSAL: The offer of the Vendor submitted on the approved form and setting forth the Vendor's prices for performing the work or supplying the material or equipment described in the specifications.

RFP: Request for Proposals.

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SPECIAL PROVISIONS: Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

SURETY: The corporate body which is bound with and for the contract, or which is liable, and which engages to be responsible for the Vendor's payments of all debts pertaining to and for its acceptable performance of the work for which they have contracted.

VENDOR: Any individual, firm, or corporation formally submitting a proposal for the material or work contemplated, acting directly or through a duly authorized representative.

VENDOR'S DEPOSIT: The security designated in the proposal to be furnished by the Vendor as a guaranty of good faith to enter into a contract with the University if the work to be performed or the material or equipment to be furnished is awarded to it.

B. GENERAL PROVISIONS

1. INTERPRETATION OF ESTIMATES/QUANTITIES

a. Unless stated otherwise, the quantities given in the RFP are to be considered to be approximate only and are given as a basis for the comparison of bids. The University may increase or decrease the amount of any item as may be deemed necessary or expedient, during the period of the contract.

Bidders shall recognize there are no guaranteed minimum contract quantities or values associated with this solicitation.

b. An increase or decrease in the quantity for any item is not sufficient ground for an increase or decrease in the unit price.

c. Vendor usage reports for previous awards, if applicable, may be found by accessing the applicable contract award page at: http://contracts.delaware.gov/. Past usage shall not be considered a guaranteed future volume.

2. SILENCE OF SPECIFICATIONS

The apparent silence of the specifications as to any detail, or the apparent omission from it of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and only material and workmanship of the first quality are to be used. Proof of specifications compliance will be the responsibility of the vendor.

3. EXAMINATION OF SPECIFICATIONS AND PROVISIONS

The Vendor shall examine carefully the proposal and the contract forms for the material contemplated. The Vendor shall investigate and satisfy itself as to the conditions to be encountered, quality and quantities of the material to be furnished, and the requirements of any Special Provisions in the RFP and the contract.

The submission of a proposal shall be conclusive evidence that the Vendor has made examination of the aforementioned conditions.

4. PRICES QUOTED

The prices quoted are those for which the material will be furnished F.O.B. to University and include all charges that may be imposed during the period of the contract. All prices quoted must be in U.S. Dollars.

http://contracts.delaware.gov/

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All vendors that maintain a core list of products under this contract shall maintain the appropriate negotiated prices on their core list. Vendors shall routinely offer to add to the core list material that has been identified as necessary. The Vendors are expected to routinely update any changes to the core list with the appropriate discounts listed.

Any adjustments to a core list must receive prior written approval from the University before a core list can be changed by the Vendor. Changes include but are not limited to the migration of items on and off the core list as well as any price adjustments from the original agreed upon pricing.

5. PUBLIC INSPECTION OF PROPOSALS

All documents submitted as part of the vendor’s proposal will be deemed confidential during the evaluation process. Vendor proposals will not be available for review by anyone other than the University/Proposal Evaluation Committee or its designated agents. There shall be no disclosure of any vendor’s information to a competing vendor prior to award of the contract.

6. LAWS TO BE OBSERVED

The vendor is presumed to know and shall strictly comply with all Federal, State, or County laws, and City or Town ordinances and regulations in any manner affecting the conduct of the work. The Vendor shall indemnify and save harmless the State of Delaware, the departments, and all Officers, University and Servants thereof against any claim or liability arising from or based upon the violation of any such laws, ordinances, regulations, orders, or decrees whether by itself, by its employees, or by its subcontractor(s).

7. APPLICABLE LAW AND JURISDICTION

This bid, any resulting contract, and any and all litigation or other disputes arising therefrom, in connection with, or related hereto shall be governed by the applicable laws, regulations and rules of evidence of the State of Delaware. Bidder submits to personal jurisdiction in the State of Delaware. Any and all litigation or other disputes arising out of, in connection with, or relating to this bid, and any resulting contract, shall be brought exclusively in a court in the State of Delaware or the United States District Court of the District of Delaware as applicable.

8. SEVERABILITY

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.

9. PERMITS AND LICENSES

All necessary permits, licenses, insurance policies, etc. required by local, State or Federal laws, shall be provided by the Vendor at its own expense.

10. PATENTED DEVICES, MATERIAL AND PROCESSES

a. The Vendor shall provide for the use of any patented design, device, material, or process to be used or furnished under this contract by suitable legal agreement with the patentee or owner, and shall file a copy of this agreement with the University.

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b. The Vendor and the surety shall hold and save harmless the University, the departments, their employees, their Officers or Agents from any and all claims because of the use of such patented design, device, material, or process in connection with the work agreed to be performed under this contract.

11. EMERGENCY TERMINATION OF CONTRACT

a. Due to restrictions which may be established by the United States Government on material, or work, a contract may be terminated by the cancellation of all or portions of the contract.

b. In the event the Vendor is unable to obtain the material required to complete the items of work included in the contract because of restrictions established by the United States Government and if, in the opinion of the University, it is impractical to substitute other available material, or the work cannot be completed within a reasonable time, the incomplete portions of the work may be cancelled, or the contract may be terminated.

12. TAX EXEMPTION

a. Material covered by this proposal is exempt from all FEDERAL and STATE TAXES. Such taxes shall not be included in prices quoted.

b. Any material which is to be incorporated in the work or any equipment required for the work contemplated in the proposal may be consigned to the University. If the shipping papers show clearly that any such material is so consigned, the shipment will be exempt from the tax on the transportation of property under provisions of Section 3475 (b) of the Internal Revenue Code, as amended by Public Law 180 (78th Congress). All transportation charges shall be paid by the Vendor. Each Vendor shall take its exemption into account in calculating its bid for its work.

13. INVOICING

After the awards are made, the University may forward their purchase orders (“P.O.”) to the successful Vendor(s) in accordance with University Purchasing Procedures. The University will generate a payment voucher upon receipt of an acceptable invoice from the vendor.

The successful bidder (s) is required to bill upon completion, delivery, and installation as specified. All invoices must be identified by the approved purchase order received and be forwarded to Invoices@desu.edu .

14. EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

During the performance of any contract for public works financed in whole or in part by appropriation of the University, the contractor agrees as follows:

a. The contractor, as set forth in Title 19 Delaware Code Chapter 7 section 711, will not discriminate against any employee or applicant for employment with respect to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment without regard to their race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: advertising, lay-off or termination, rates of pay or other forms of compensation, and mailto:Invoices@desu.edu

RFP for Entertainment Services - Contract No. DSU260407 - ENTERTAINM Page 18 selection for training including apprenticeships. The contractor agrees to post in conspicuous places, notices to be provided by the University setting forth the provisions of this non-discrimination clause.

b. During the performance of this contract, the contractor agrees as follows:

1. The contractor, as set forth in Title 19 Delaware Code Chapter 7 section 711, will not discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take positive steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the University setting forth this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin.

c. The term "contractor for public works" means construction, reconstruction, demolition, alteration, and/or repair work, maintenance work, and paid for in whole or in part out of the funds of a public body except work performed under a vocational rehabilitation program. The manufacture or furnishing of materials, articles, supplies or equipment is not a public work within the meaning of this subsection unless conducted in connection with and at the site of the public work.

15. PRICES

Prices and/or rates shall remain firm for the term of the contract, unless further negotiations are deemed necessary by the University.

The pricing policy that you choose to submit must address the following concerns:

a. The structure must be clear, accountable and auditable.

b. It must cover the full spectrum of services required.

c. Costs and compensation must be consistent with the rates established or negotiated as a result of this

RFP or P.O. issued based on this contract.

16. COOPERATIVES

Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation.

17. PRICE ADJUSTMENT

The Vendor is not prohibited from offering a price reduction on its services or materiel offered under the contract. The University is not prohibited from requesting a price reduction on those services or material during the initial term or any subsequent options that the University may agree to exercise.

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If agreement is reached to extend this contract beyond the initial period, University shall have the option of offering a determined price adjustment that shall not exceed the current Philadelphia All Urban Consumers Price Index (CPI-U), U.S. City Average. If the CPI-U is used, any increase/decrease shall reflect the change during the previously published twelve (12) month period at the time of renegotiation.

18. SHIPPING TERMS

FOB Destination, freight prepaid.

19. ELECTRONIC CATALOG

At the discretion of University, the successful vendor(s) may be required to submit their items list in an electronic format designated by the University.

By example, but not limited to, the following items may be required:

• Electronic catalogs,

• Electronic catalogs converted to a CSV format with contract specific pricing,

• Items designated by commodity/classification code: United Nations Standard Products and Services Code (UNSPSC), and/or

• A unique item ID for all items in your system and/or our award.

20. INDEPENDENT CONTRACTORS

The parties to any contract from this solicitation shall be independent contractors to one another, and nothing herein shall be deemed to cause the agreement to create an agency, partnership, joint venture or employment relationship between parties. Each party shall be responsible for compliance with all applicable workers compensation, unemployment, disability insurance, social security withholding and all other similar matters. Neither party shall be liable for any debts, accounts, obligations or other liability whatsoever of the other party or any other obligation of the other party to pay on the behalf of its employees or to withhold from any compensation paid to such employees any social benefits, workers compensation insurance premiums or any income or other similar taxes.

21. TEMPORARY PERSONNEL ARE NOT UNIVERSITY EMPLOYEES UNLESS AND UNTIL THEY ARE

DIRECTLY HIRED

Vendor agrees that any individual or group of temporary staff person(s) provided to the University pursuant to this Solicitation shall remain the employee(s) of Vendor for all purposes including any required compliance with the Affordable Care Act by the Vendor. Vendor agrees that it shall not allege, argue, or take any position that individual temporary staff person(s) provided to the University pursuant to this Solicitation must be provided any benefits, including any healthcare benefits by the University and Vendor agrees to assume the total and complete responsibility for the provision of any healthcare benefits required by the Affordable Care Act to aforesaid individual temporary staff person(s).

22. ACA SAFE HARBOR

The University and its utilizing departments are not the employer of temporary or contracted staff. However, the University is concerned that it could be determined to be a Common-law Employer as defined by the Affordable Care Act (“ACA”). Therefore, the University seeks to utilize the “Common-law Employer Safe Harbor Exception” under the ACA to transfer health benefit insurance requirements to the staffing company.

The Common-law Employer Safe Harbor Exception can be attained when the University and/or its

RFP for Entertainment Services - Contract No.