GMU-JR0907-23 Arena Management Services_Final_2.2.24.pdf

REQUEST FOR PROPOSALS

GMU-JR0907-23

ISSUE DATE: February 7, 2024

TITLE: Arena Management Services

PRIMARY PROCUREMENT OFFICER: James F. Russell, Director

SECONDARY PROCUREMENT OFFICER: Sara Siddall, Strategic Sourcing Manager

QUESTIONS/INQUIRIES: Submit all inquiries through Mason’s Bonfire Portal, no later than 4:00 PM Eastern Time (ET) on February

22, 2024. All questions must be submitted through Mason’s Bonfire portal. For assistance with technical questions related to

Bonfire, contact Support@GoBonfire.com or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us. Responses to questions will be posted to Mason’s Bonfire portal and by 5:00 PM ET on February 29, 2024.

PROPOSAL DUE DATE AND TIME: April 1, 2024 @ 2:00 PM ET. ATTENTION: PROPOSALS WILL NOT BE ACCEPTED

VIA EMAIL, MAIL, THROUGH eVA OR IN PERSON. SEE SECTION XIII.A.1 FOR DETAILS ON THE ELECTRONIC

PROPOSAL SUBMISSION.

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/Services In Accordance With The Attached Signed

Proposal Or As Mutually Agreed Upon By Subsequent Negotiations.

Name and Address of Firm:

Legal Name: Date:

DBA:

Address:

By:

Signature

FEI/FIN No. Name:

Fax No. Title:

Email: Telephone No.

SWaM Certified: Yes: No: (See Section VII. SWaM CERTIFICATION for complete details).

SWaM Certification Number:

This public body does not discriminate against faith-based organizations in accordance with the Governing Rules, § 36 or against a

Bidder/Offeror because of race, religion, color, sex, national origin, age, disability, or any other prohibited by state law relating to discrimination in employment.

Purchasing Department

4400 University Drive, Mailstop 3C5 Fairfax, VA 22030

Voice: 703.993.2580 | Fax: 703.993.2589 http://fiscal.gmu.edu/purchasing/ https://gmu.bonfirehub.com/ mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

I. PURPOSE 3

II. PURCHASING MANUAL/GOVERNING RULES 3

III. COMMUNICATION 3

IV. FINAL CONTRACT 3

V. ADDITIONAL USERS 3

VI. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION 3

VII. SWaM CERTIFICATION 4

VIII. SMALL BUSINESS SUBCONTRACTING PLAN 4

IX. PERIOD OF PERFORMANCE 4

X. BACKGROUND 4

XI. STATEMENT OF NEEDS 4

XII. COST OF SERVICES 5

XIII. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 6

XIV. INITIAL EVALUATION CRITERIA AND SUBSEQUENT AWARD 9

XV. CONTRACT ADMINISTRATION 9

XVI. PAYMENT TERMS/METHOD OF PAYMENT 9

XVII. SOLICITATION TERMS AND CONDITIONS 10

XVIII. RFP SCHEDULE 11

ATTACHMENT A SMALL BUSINESS SUBCONTRACTING PLAN 12

ATTACHMENT B SAMPLE CONTRACT 14

ATTACHMENT C FLOOR PLANS OF EBA (Separate Document)

I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit proposals to establish a contract through competitive negotiations with one qualified vendor to provide comprehensive professional management of the operation of the Eagle Bank

Arena (EBA) located on Mason’s Fairfax Campus in Fairfax, Virginia. George Mason University (herein after referred to as

“Mason,” or “University”) is an educational institution and agency of the Commonwealth of Virginia.

II. PURCHASING MANUAL/GOVERNING RULES: This solicitation and any resulting contract shall be subject to the provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendor's, and any revisions thereto, and the Governing Rules, which are hereby incorporated into this contract in their entirety. A copy of both documents is available for review at: https://vascupp.org

III. COMMUNICATION: Communications regarding the Request for Proposals shall be formal from the date of issuance until a contract has been awarded. Unless otherwise instructed offerors are to communicate with only the Procurement Officers listed on the cover page. Offerors are not to communicate with any other employees of Mason.

IV. FINAL CONTRACT: ATTACHMENT B to this solicitation is Mason’s standard two-party contract. It is the intent of this solicitation to base the final contractual documents off of Mason’s standard two-party contract and Mason’s General Terms and Conditions. Any exceptions to our standard contract and General Terms and Conditions should be denoted in your RFP response. Other documents may be incorporated into the final contract, either by way of attachment or by reference, but in all cases this contract document and Mason’s General Terms and Conditions shall jointly take precedence over all other documents and will govern the terms and conditions of the contract.

As a public institution of higher education in Virginia Mason cannot agree to any of the following terms in any documents:

A. An express or implied waiver of sovereign immunity.

B. An agreement to indemnify, defend or hold harmless any entity.

C. An agreement to maintain insurance.

D. An agreement providing for binding arbitration.

E. An agreement providing for the payment of attorneys' fees, costs of collection, or liquidated damages.

F. Waiver of jury trial.

G. Choice of law or venue other than the Commonwealth of Virginia.

Contracts will only be issued to the FEI/FIN Number and Firm listed on the signed cover page submitted in your RFP response.

Joint proposals will not be accepted.

V. ADDITIONAL USERS: It is the intent of this solicitation and resulting contract(s) to allow for cooperative procurement.

Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor(s), the resultant contract(s) will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the Contractor(s) and shall fully and independently administer its use of the contract(s) to include contractual disputes, invoicing, and payments without direct administration from the University. No modification of this contract or execution of a separate agreement is required to participate; however, the participating entity and the Contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the contractor.

The University may require the Contractor to provide semi-annual usage reports for all entities accessing the contract. The

University 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 the University 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 the resulting contract(s) does not preclude any participating entity from using other contracts or competitive processes as needed.

VI. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth.

The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eProcurement solution by completing https://vascupp.org/ the free eVA Vendor Registration. All bidders or offerors agree to self-register in eVA and pay the Vendor Transaction Fees prior to being awarded a contract. Registration instructions and transaction fees may be viewed at: https://eva.virginia.gov/

VII. SWaM CERTIFICATION: Vendor agrees to fully support the Commonwealth of Virginia and Mason’s efforts related to

SWaM goals. Upon contract execution, eligible vendors (as determined by Mason and the Virginia Department of Small

Business and Supplier Diversity) shall submit all required documents necessary to achieve SWaM certification to the

Department of Small Business and Supplier Diversity within 90 days. Vendors currently SWaM certified agree to maintain their certification for the duration of the contract and shall submit all required renewal documentation at least 30 days prior to existing SWaM expiration. https://www.sbsd.virginia.gov/

VIII. SMALL BUSINESS SUBCONTRACTING PLAN: All potential offerors are required to fill out and submit Attachments A with their proposal.

Note: Invoices shall only be submitted to Mason by the entity awarded the contract. Subcontractors cannot submit invoices to

Mason under any resulting contract.

IX. PERIOD OF PERFORMANCE: October 1, 2024, through June 30, 2029, with one (1) additional five (5) year option available (or as negotiated)..

X. BACKGROUND: Located near the heart of the Fairfax, VA campus, the arena is approximately 175,662 SF. The building seats approximately 10,000 spectators and has support space consisting of a fitness and training room, administration and coaches’ offices, laundry facilities, A/V production, and locker and team rooms. Last year, the arena hosted 175 events with attendance exceeding 500,000 patrons. The arena is home to Mason’s men and women basketball programs, both of which are members of the Atlantic 10 conference. The arena is currently managed by Monumental Sports and Entertainment (MSE).

Ticketmaster is the ticket agency for the facility.

A. Total Attendance in 2023: 541,653 for 156 events

XI. STATEMENT OF NEEDS: Arena Management includes all facets of arena management, including ticket sales, staffing both full-time, part-time and contractors, assisting Intercollegiate Athletics in scheduling the arena for games and practices, as well as contracting events and concerts to financially support the operation of the arena.

The University’s overall project goals include maintaining an event facility and gathering place that will be an asset to the community and the state, as well as enhance the economic and social benefits to the University and regional community.

Objectives include maximizing profitability and facility usage by providing access to a wide range of non-university uses of the arena. The financial priority is for the arena to create a positive economic impact on the University. However, university objectives also include a strong emphasis on the student and student-athlete experience, customer service and hospitality, with an overall goal of collaboration and service with Mason Athletics. Requirements from all offeror’s include:

A. Day to Day Operations

Manage and operate the facility to the highest industry standards and in the best interests of the University. Ensure that the facility is kept safe, secure and in good working order. Work closely with Mason Intercollegiate Athletics and current and other contractors as required. The following contractors are currently under contract with Mason/Athletics for services at

EBA:

Sodexo Services: Food & Beverage

Coke Beverages Company: Pouring Rights

Playfly Sports: Athletics Marketing Consultant

Ticketmaster - Mason Athletics Ticketing (operated by Athletics)

Eagle Bank Arena – Arena Naming Rights

Ticketmaster – general ticketing

Mobilite for the DAS network

B. Financial and Administrative Services

Prepare and submit financial, operating, management, budget and any other reports as required by the University.

https://eva.virginia.gov/ https://www.sbsd.virginia.gov/

Develop annual operating plans and operating budgets.

C. Event and Promotion Services

Maximize the utilization of the facility and its revenue-generating capacity through the provision of a broad mix of events appealing to all segments of the University and community, while minimizing the cost to the University. The University is strongly interested in developing broadcasting, sponsorship/NIL partnership, intern programs and technology investment , opportunities for Mason Intercollegiate Athletics to help increase Mason’s visibility in the region as well as an opportunity for increased revenue.

Booking priorities, in order are:

Mason commencements

Mason athletic activities, including games, special events

High school graduations

Non-university rental events

Community and Mason rental events

Mason athletics practices

Expected services include:

Ticketing sales and promotion (including groups and promotions)

Gameday event production (scoreboard, equipment, etc.)

Maintenance of facility website/monitor social media (develop, host, update)

Event programming and booking

Event solicitation/creation

Event operations and gameday support, including ushers, guest services, and hospitality staffing

Event settlements

Facility marketing, advertising, and communications

Advertising signage sales (including barter/trade agreements)

Crowd management, event security, and crisis/emergency (in conjunction with University Police Dept.)

Event medical services (for visitors should they be required)

Event marketing, sales, and promotion

Parking management

Traffic Control

Post-event cleaning

Event custodial management/labor

Food & beverage

Provision of facility scheduling software

Box office administration, management of ticketing system, management of ticket sales fulfillment (non-ICA)

Primary scheduling approval

Fixed asset inventory and control

Capital expenditure planning

Safety, risk management, and insurance

Oversight of third-party service providers

Event merchandise sales

Facility maintenance management

Custodial management/labor

XII. COST OF SERVICES: Currently for arena management services, Mason pays a set management fee each quarter to the operator for managing the facility each fiscal year. There is also a variable element as incentive paid to the operator if certain criteria are met.

XIII. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

A. GENERAL REQUIREMENTS:

1. RFP Response: In order to be considered, Offerors must submit a complete response to Mason's Purchasing

Office prior to the due date and time stated in this RFP. Offerors are required to submit one (1) signed copy of the entire proposal including all attachments and proprietary information. If the proposal contains proprietary information, then submit two (2) proposals must be submitted; one (1) with proprietary information included and one (1) with proprietary information removed (see also Item 2d below for further details). The Offeror shall make no other distribution of the proposals.

At the conclusion of the RFP process proposals with proprietary information removed (redacted versions) shall be provided to requestors in accordance with Virginia’s Freedom of Information Act. Offerors will not be notified of the release of this information.

ELECTRONIC PROPOSAL SUBMISSION: ATTENTION: PROPOSALS WILL NOT BE

ACCEPTED VIA EMAIL, MAIL, THROUGH eVA, OR IN PERSON. Mason will only be accepting electronic proposal submissions via Bonfire for this Request for Proposals.

The following shall apply:

a. You must register with Bonfire and submit your proposal, and it must be received prior to the submission deadline, by submitting through the online Bonfire portal at https://gmu.bonfirehub.com.

b. The Offeror must ensure the proposals are uploaded and submitted through Bonfire sufficiently in advance of the proposal deadline. Plan Ahead: It is the Offeror’s responsibility to ensure that electronic proposal submissions have sufficient time to make their way through Bonfire’s submission portal. Mason recommends you submit your proposal the day prior to the due date.

c. Submissions by other methods will not be accepted. Minimum system requirements: Microsoft

Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled.

d. Respondents should contact Bonfire at support@gobonfire.com for technical questions related to submission or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us

e. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

f. All solicitation schedules are subject to change.

g. Go to Bonfire and Mason’s Purchasing website for all updates and schedule changes.

https://fiscal.gmu.edu/purchasing/do-business-with-mason/view-current-solicitation-opportunities/

2. Proposal Presentation:

a. Proposals shall be signed by an authorized representative of the Offeror. All information requested must be submitted. Failure to submit all the information requested may result in your proposal being scored low.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirement 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 https://gmu.bonfirehub.com/ mailto:support@gobonfire.com https://vendorsupport.gobonfire.com/hc/en-us https://fiscal.gmu.edu/purchasing/do-business-with-mason/view-current-solicitation-opportunities/ paragraph number corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter and repeat the text of the requirement as it appears in the RFP. 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 the appropriate place or be attached at the end of the proposal and designated as additional material.

A WORD version of this RFP will be provided upon request.

d. Except as provided, once an award is announced, all proposals submitted in response to this RFP will be open to inspection by any citizen, or interested person, firm, or corporation, in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a firm prior to or as part of its proposal will not be subject to public disclosure under the Virginia

Freedom of Information Act only under the following circumstances: (1) the appropriate information is clearly identified by some distinct method such as highlighting or underlining; (2) only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and (3) a summary page is supplied immediately following the proposal title page that includes (a) the information to be protected, (b) the section(s)/page number(s) where this information is found in the proposal, and (c) a statement why protection is necessary for each section listed. The firm must also provide a separate attachment to the proposal with the trade secrets and/or proprietary information redacted. If all of these requirements are not met, then the firm’s entire proposal will be available for public inspection.

IMPORTANT: A firm may not request that its entire proposal be treated as a trade secret or proprietary information, nor may a firm request that its pricing/fees be treated as a trade secret or proprietary information, or otherwise be deemed confidential. If after being given a reasonable time, the Offeror refuses to withdraw the aforementioned designation, the proposal will be rejected.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation/demonstration of their proposal/product to Mason. This will provide an opportunity for the

Offeror to clarify or elaborate on their proposal. Performance during oral presentations may affect the final award decision. If required, oral presentations will be scheduled at the appropriate time.

Mason will expect that the person or persons who will be working on the project to make the presentation so experience of the Offeror’s staff can be evaluated prior to making selection. Oral presentations are an option of Mason and may or may not be conducted; therefore, it is imperative all proposals should be complete.

B. SPECIFIC REQUIREMENTS: Proposals should be as thorough and detailed as possible to allow Mason to properly evaluate the Offeror’s capabilities and approach toward providing the required services. Offerors should submit the following items as a complete proposal.

1. Procedural information:

a. Return signed cover page and all addenda, if any, signed and completed as required.

b. Return Attachment A - Small Business Subcontracting Plan.

c. State your payment preference as required in Bonfire. (See section XVI.)

2. Executive Summary: Offerors must submit an executive summary at the beginning of the proposal response not to exceed 2 pages.

3. Qualifications and Experience: Describe your experience, qualifications, and success in providing the services described in the Statement of Needs to include the following:

a. Background and brief history of your company.

b. Description of all firms included on the team and services to be provided.

c. List any management contracts lost/not renewed in the last five years. Describe the circumstances under which the contract was terminated.

d. Evidence of the lead firm’s financial position (such as audited financial statements or a statement that the firm is capitalized sufficiently to meet long-term requirements).

e. A list of three clients for whom the lead firm and/or team have provided similar goods or services.

The clients’ names, phone numbers and point of contacts shall be included. Mason may contact these references to evaluate past performance.

f. Offerors who do not provide a minimum of three references may be considered non-responsive and eliminated from further consideration.

4. Specific Plan (Methodology): Explain your specific plans for providing the proposed services outlined in the Statement of Needs including:

a. Overview of all major service categories to be provided for day-to-day arena operation.

b. Approach to arena marketing and booking, including working with the University, promoters, local groups and agencies, and others.

c. Approach to customer service, i.e., your guest services plan

d. Identification of other competing facilities in the region that are managed by Offeror and/or proposed team and how any conflicts will be prevented.

e. Staffing:

i. Overall staffing plan to include organization chart and position descriptions.

ii. Resume and/or other biographical information on proposed general manager candidate(s).

iii. Description of staff training plan, position pay ranges and benefits packages.

iv. Corporate office (if any) support, such as in marketing/booking, administrative, IT, FFE consulting/procurement services, and/or others.

v. Identify your Company's policies on affirmative action and employee/worker safety.

f. Identify a proposed compensation structure that will provide Mason for management and operation of the Eagle Bank Arena (EBA) that would minimize the net cost to Mason.

g. Provide a list of any sports and entertainment facilities within a 100-mile radius of George Mason

University where the Company provides Facility Management Services. Provide a list of events for a five-year period for each of these facilities.

5. Financial offer/considerations: Currently, Mason pays a set management fee each quarter to the operator for managing the facility each fiscal year. There is also a variable element as incentive paid the operator. For income, The University has guaranteed income from the operator paid each quarter. At the end of the year, all income less expenses, fees, and guarantee are returned to the university. This income, and management fees are separate from any capital investment, loan, or other amounts the offeror proposes to the university. The offeror is to maximize financial return of EBA for Mason. Those offering substantial annual guarantees as part of its proposed compensation offerings, as well as other revenue sharing opportunities, investments, etc, will be viewed most favorably. Provide the following:

a. Operating services (such as fixed, incentive, and/or other fees) and/or responsibility for operating risk, sharing of revenues/expenses, and length of term.

b. Any capital investment, loan, or other amounts to be provided to the University for general or specific uses.

This would include the types of capital improvements you would make to the EBA and the level of investment the Company would make in these improvements.

c. Description of any costs/expenses to be reimbursed to the contractor.

d. A sample management contract for the proposed services.

e. Facility calendar and pro forma financial statement – based on offeror’s knowledge of the arena and the market, as well as the preliminarily-identified uses of the arena, prepare a budgeted operational plan for a stabilized year of operations. Please include event and attendance projections by event type and revenues and expenses by line item (including any management fees paid), with brief descriptions of major assumptions and other highlights.

f. Projected guaranteed income AND/OR net income returned to the university for their use from EBA operations.

g. Provide audited and certified financial statements for your Company's past three years of operation

6. In your proposal response please address the following:

a. Are you and/or your subcontractor currently involved in litigation with any party?

b. Please list any investigation or action from any state, local, federal, or other regulatory body (OSHA, IRS, DOL, etc.) related to your firm or any subcontractor in the last three years.

c. Please list all lawsuits that involved your firm or any subcontractor in the last three years.

d. In the past ten (10) years has your firm’s name changed? If so please provide a reason for the change.

XIV. INITIAL EVALUATION CRITERIA AND SUBSEQUENT AWARD:

A. INITIAL EVALUATION CRITERIA: Proposals shall be initially evaluated and ranked using the following criteria:

Description of Criteria Maximum Point Value

1. Qualifications and experiences of offeror in providing the goods/services, including references 25

2. Financial offerings/considerations 20

3. Specific plans or methodology to be used to provide the services 25

4. Quality of products/services offered and suitability for the intended purpose. 25

4. Offeror is certified as a small, minority, or women-owned business (SWaM) with Virginia

SBSD at the proposal due date & time. 5

Total Points Available: 100

B. AWARD: Following the initial scoring by the evaluation committee, at least two or more top ranked offerors may be contacted for oral presentations/demonstrations or advanced directly to the negotiations stage. If oral presentations are conducted Mason will then determine, in its sole discretion, which offerors will advance to the negotiations phase. Negotiations shall then be conducted with each of 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, Mason shall select the offeror which, in its sole discretion has made the best proposal, and shall award the contract to that offeror.

When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. Should Mason 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. Mason is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Governing Rules §49.D.).

XV. CONTRACT ADMINISTRATION: Upon award of the contract, Mason shall designate, in writing, the name of the Contract

Administrator who shall work with the contractor in formulating mutually acceptable plans and standards for the operations of this service. The Contract Administrator shall use all powers under the contract to enforce its faithful performance. The Contract

Administrator shall determine the amount, quality, and acceptability of the work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, or their designee(s) however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope of the work or change the basis for compensation to the contractor.

XVI. PAYMENT TERMS / METHOD OF PAYMENT:

PLEASE NOTE: THE VENDOR MUST REFERENCE THE PURCHASE ORDER NUMBER ON ALL INVOICES SUBMITTED

FOR PAYMENT.

Option #1- Payment to be mailed in 10 days-Mason will make payment to the vendor under 2%/10 Net 30 payment terms.

Invoices should be submitted via email to the designated Accounts Payable email address which is acctpay@gmu.edu.

The 10-day payment period begins the first business day after receipt of proper invoice or receipt of goods, whichever occurs last. A paper check will be mailed on or before the 10th day.

mailto:acctpay@gmu.edu

Option #2- To be paid in 20 days. The vendor may opt to be paid through our Virtual Payables credit card program. The vendor shall submit an invoice and will be paid via credit card on the 20th day from receipt of a valid invoice. The vendor will incur standard credit card interchange fees through their processor. All invoices should be sent to:

George Mason University

Accounts Payable Department

4400 University Drive, Mailstop 3C1

Fairfax, VA 22030 e-mail: AcctPay@gmu.edu

Option#3- Net 30 Payment Terms. Vendor will enroll in Paymode-X where all payments will be made electronically to the vendor’s bank account. For additional information or to sign up for electronic payments, go to http://www.paymode.com/gmu.

There is no charge to the vendor for enrolling in this service.

Please state your payment preference in your proposal response.

XVII. SOLICITATION TERMS AND CONDITIONS:

A. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over

$200,000, as a result of this solicitation, Mason will publicly post such notice on the DGS/DPS eVA web site

(https://eva.virginia.gov/) for a minimum of 10 days.

B. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the offeror(s) may be asked to submit, in writing, a best and final offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the offeror(s).

C. CONFLICT OF INTEREST: By submitting a proposal, the contractor warrants that they have fully complied with the Virginia Conflict of Interest Act; furthermore, certifying that they are not currently an employee of the

Commonwealth of Virginia.

D. DEBARMENT STATUS: By submitting a proposal, offerors certify that they are not currently debarred by the

Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

E. ETHICS IN PUBLIC CONTRACTING: By submitting a proposal, offerors certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

F. LATE PROPOSALS: To be considered for selection, proposals must be received in Mason’s Bonfire Portal by the designated date and hour. The official time used in the receipt of proposals is the proposal due date and hour in

Mason’s Bonfire Portal. Proposals submitted after the due date and time has expired will not be accepted nor considered. Mason is not responsible for any delays related to Bonfire’s website or vendor registration process. It is the responsibility of the offeror to ensure that their proposal is submitted by the designated date and hour.

G. MANDATORY USE OF MASON FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official Mason form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of this solicitation may be cause for rejection of the proposal; however, Mason reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

H. OBLIGATION OF OFFEROR: It is the responsibility of each offeror to inquire about and clarify any requirements of this solicitation that are not understood. Mason will not be bound by oral explanations as to the meaning of specifications or language contained in this solicitation. Therefore, all inquiries must be in writing and submitted as instructed on page 1 of this solicitation. By submitting a proposal, the offeror covenants and agrees that they have satisfied themselves, from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for or have right to cancellation or relief from the resulting contact mailto:AcctPay@gmu.edu http://www.paymode.com/gmu because of any misunderstanding or lack of information.

I. QUALIFICATIONS OF OFFERORS: Mason may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to Mason all such information and data for this purpose as may be requested. Mason reserves the right to inspect the offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. Mason further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy

Mason that such offeror is properly qualified to carry out the obligations of the resulting contract and to provide the services and/or furnish the goods contemplated therein.

J. RFP DEBRIEFING: In accordance with §49 of the Governing Rules Mason is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. However, upon request we will provide a scoring/ranking summary and the award justification memo from the evaluation committee. Formal debriefings are generally not offered.

K. TESTING AND INSPECTION: Mason reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

XVIII. RFP SCHEDULE (Subject to Change):

• Issue in eVA: 02/07/2024

• Vendors submit questions by: 02/22/24 by 4:00 PM ET

• Post Question Responses: 02/29/24 by 5:00 PM ET

• Proposals Due: 04/01/24 @ 2:00 PM ET

• Proposals to Committee: 04/01/24

• Review and Score Proposals: 04/01/24 – 04/15/24

• Scores to Purchasing: 04/15/24

• Oral presentations (if necessary): Week of 04/25/24

• Negotiations/BAFO: Week of 05/01/24

• Award: TBD

• Contract Start Date: 10/1/24

ATTACHMENT A

SMALL BUSINESS SUBCONTRACTING PLAN

TO BE COMPLETED BY OFFEROR

Offerors must advise on any portion of this contract that will be subcontracted. All potential offerors are required to include this document with their proposal in order to be considered responsive.

Small Business: "Small business (including micro)” means a business which holds a certification as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date and time for proposals. This shall also include DSBSD certified women- owned and minority-owned businesses and businesses with DSBSD service-disabled veteran owned status when they also hold a DSBSD certification as a small business on the proposal due date. Currently, DSBSD offers small business certification and micro business designation to firms that qualify.

Certification applications are available through DSBSD online at www.SBSD.virginia.gov (Customer Service).

Offeror Name:

Preparer Name: Date:

Who will be doing the work: □ I plan to use subcontractors □ I plan to complete all work

Instructions

A. If you are certified by the DSBSD as a micro/small business, complete Section A of this form.

B. If the “I plan to use subcontractors” box is checked, complete Section B of this form. For the proposal to be considered and the offeror to be declared responsive, the offeror shall identify the portions of the contract that will be subcontracted to any subcontractor, to include DSBSD certified small business for the initial contract period in relation to the offeror’s total price for the initial contract period in Section B.

Section A

If your firm is certified by the DSBSD provide your certification number and the date of certification.

Certification Number: Certification Date:

Section B

If the “I plan to use subcontractors” box is checked, populate the requested information below, per subcontractor to show your firm's plans for utilization of any subcontractor, to include DSBSD-certified small businesses, in the performance of this contract for the initial contract period in relation to the offeror’s total price for the initial contract period. Certified small businesses include but are not limited to

DSBSD-certified women-owned and minority-owned businesses and businesses with DSBSD service-disabled veteran-owned status that have also received the DSBSD small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc. It is important to note that this proposed participation will be incorporated into the subsequent contract and will be a requirement of the contract. Failure to obtain the proposed participation dollar value or percentages may result in breach of the contract.

Plans for Utilization of Any subcontractor, to include DSBSD-Certified Small Businesses, for this Procurement

Subcontract #1

Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

Subcontract #2

Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Subcontract #3

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Subcontract #4

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Subcontract #5

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

ATTACHMENT B – SAMPLE CONTRACT

Note: Other documents may be incorporated into this document, either by way of attachment or by reference, but in all cases this contract document shall take precedence over all other documents and will govern the terms and conditions of the contract.

This Contract entered on this ____ day of , 2024 (Effective Date) by ________________ hereinafter called “Contractor”

(located at ____________) and George Mason University hereinafter called “Mason,” “University”.

I. WITNESSETH that the Contractor and Mason, in consideration of the mutual covenants, promises and agreement herein contained, agree as follows:

II. SCOPE OF CONTRACT: The Contractor shall provide Arena Management Services as set forth in the Contract documents.

III. PERIOD OF CONTRACT: As negotiated (will be defined prior to signatures).

IV. PRICE SCHEDULE: As negotiated. The pricing specified in this section represents the complete list of charges from the

Contractor. Mason shall not be liable for any additional charges.

V. CONTRACT ADMINISTRATION: ___________ shall serve as Contract Administrator for this Contract and shall use all powers under the Contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality, and acceptability of the work and shall decide all other questions in connection with the work. All direction and order from

Mason shall be transmitted through the Contract Administrator, however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope or change the basis for compensation.

VI. METHOD OF PAYMENT: As negotiated

VII. THE CONTRACT DOCUMENTS SHALL CONSIST OF (In order of precedence):

A. This signed form;

B. Negotiation Responses dated XXXXX (incorporated herein by reference);

C. RFP No. GMU-XXXX-XX, in its entirety (incorporated herein by reference);

D. Contractor’s proposal dated XXXXXX (incorporated herein by reference).

VIII. GOVERNING RULES: This Contract is governed by the provisions of the Restructured Higher Education Financial and

Administrative Operations Act, Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia, and the “Governing

Rules” and the Purchasing Manual for Institutions of Higher Education and their Vendors. Documents may be viewed at:

https://vascupp.org.

IX. CONTRACT PARTICIPATION: As negotiated. It is the intent of this Contract to allow for cooperative procurement.

Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access this

Contract if authorized by the Contractor.

Participation in this Contract is strictly voluntary. If authorized by the Contractor, the contract will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the Contractor and shall fully and independently administer its use of the contract to include contractual disputes, invoicing, and payments without direct administration from the University. No modification of this Contract or execution of a separate agreement is required to participate; however, the participating entity and the Contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the Contractor.

Purchasing Department

4400 University Drive, Mailstop 3C5 Fairfax, VA 22030 http://fiscal.gmu.edu/purchasing/ https://law.lis.virginia.gov/vacode/title23.1/chapter10/ https://vascupp.org/

The University may request the Contractor provide semi-annual usage reports for all entities accessing the Contract. The

University 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 the University 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 needed.

X. STANDARD TERMS AND CONDITIONS:

A. APPLICABLE LAW AND CHOICE OF FORUM: This Contract shall be construed, governed, and interpreted pursuant to the laws of the Commonwealth of Virginia. All disputes arising under this Contract shall be brought before an appropriate court in the Commonwealth of Virginia.

B. ANTI-DISCRIMINATION: By entering into this Contract, Contractor certifies to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the

Americans With Disabilities Act and §§ 9&10 of the Governing Rules. If Contractor is a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the

Contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Governing Rules, § 36).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this Contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The Contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

C. ANTITRUST: By entering into this Contract, the Contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under this Contract.

D. ASSIGNMENT: Neither party will assign or otherwise transfer its rights or obligations under this Contract without both parties’ prior written consent. Any attempted assignment, transfer, or delegation without such consent is void.

E. AUDIT: The Contractor shall 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. Mason, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

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

Contract.

G. AUTHORIZED SIGNATURES: The signatory for each Party certifies that he or she is an authorized agent to sign on behalf of such Party.

H. BACKGROUND CHECKS: Contractor’s employees (including subcontractors) performing services on any Mason campus must have successfully completed a criminal background check prior to the start of their work assignment/service. As stated in University Policy Number 2221 – Background Investigations, the criminal background investigation 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. Signature on this Contract confirms your compliance with this requirement.

I. CANCELLATION OF CONTRACT:

(a) This Contract may be terminated (i) by either party upon sixty (60) days written notice, if the other party fails to perform or comply with any of the material terms, covenants, agreements or conditions hereof, and such failure is not cured during the first thirty (30) days of such sixty (60) day notification period, or (ii) by either party immediately by written notice upon the other party being adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within one hundred twenty

(120) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within one hundred twenty (120) days after such filing. In the event of a dispute between the parties as to what constitutes failure to comply with any of the material terms, covenants, agreements, or conditions hereof for the purposes of terminating pursuant to Section subsection (ii) above, the parties agree to meet with each other within the first 30 days of the 60-day notification period to attempt to resolve the dispute, and to act reasonably and in good faith in connection with attempting to resolve such dispute.

(b) In the event this Contract expires or is terminated prior to the end of the Term, the University shall promptly pay

Contractor all fees due Contractor up to the date of termination or expiration, including the Total Base Management

Fee and the Incentive Fee, as applicable, for the Operating Year in which this Contract expires or is terminated, computed on a pro-rata basis (if applicable), and also as applicable, reimbursement of verified and…