Palouse Ridge AOO.pdf.crdownload

Golf Course Restaurant AOO# GCR240701 Page 11 of 14

6.0 Cost Proposal

Final costs and the structure of the Agreement shall be negotiated with the apparent successful proposer. In the event that the University cannot come to agreeable terms and conditions with the apparent successful proposer, it may then negotiate with the next highest scoring proposer or may make no award as a result of this AOO.

7.0 General Terms and Conditions

In submitting a bid in response to this AOO, the proposer agrees to accept the following terms set forth in this AOO.

7.1 Agreement Terms and Conditions: The apparent successful proposer will be expected to enter into an Agreement with terms and conditions that are consistent with those required by the State of Washington and Washington State University as a state public institution of higher education. If the University and the apparent successful proposer are unable to come to agreement on the structure, terms, and conditions of a mutually acceptable Agreement; the University reserves the right to begin negotiations with the next highest scoring responder or to cancel this AOO without making an award. The responders are requested to submit a Certifications and Assurances form attached as Exhibit A. Washington State University will review any terms or conditions provided in a proposer’s response or during Agreement negotiations and accept or reject the same at its sole discretion.

7.2 Most Favorable Terms: Washington State University reserves the right to make an award without further discussion of the response submitted. Therefore, the response should be submitted initially on the most favorable terms which the proposer can propose. The University reserves the right to utilize a best and final offer procedure if it is determined to be in the University’s best interest, however, proposers should respond with their most favorable terms that the proposer can honor if it is chosen as the successful proposer. Washington State University also reserves the right to contact a proposer for clarification of its response. The apparent successful proposer should be prepared to accept this AOO for incorporation into an Agreement resulting from this AOO.

Agreement negotiations may incorporate some or all of the proposer’s response within the University’s discretion. Proposer should not propose any terms in its proposal that it is not willing to incorporate into the Agreement. It is understood that the response and the terms proposed by proposer will become a part of the official competition file on this matter without obligation to Washington State University.

7.3 Responsiveness: All responses will be reviewed by the AOO Coordinator to determine compliance with administrative requirements and instructions specified in this AOO. The proposer is specifically notified that failure to comply with any part of the AOO may result in rejection of the response as non-responsive. WSU also reserves the right at its sole discretion to waive minor administrative irregularities.

7.4 Costs to Propose: Washington State University will not be liable for any costs incurred by the proposer in preparation of a response submitted in response to this AOO, in conduct of a presentation, or any other activities related to responding to this AOO.

Golf Course Restaurant AOO# GCR240701 Page 12 of 14

7.5 Contracting with Current or Former State Employees: Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Proposers should familiarize themselves with the requirements prior to submitting a response that includes current or former state employees.

7.6 Minority & Women-Owned Business Participation: In accordance with chapter 39.19 RCW, the state of Washington encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of responses, no minimum level of MWBE participation shall be required as a condition for receiving an award, and responses will not be rejected or considered non-responsive on that basis.

7.7 Proprietary Information/Public Disclosure: Responses submitted in response to this competitive process shall become the property of Washington State University. All responses received shall remain confidential until the Agreement, if any, resulting from this AOO is signed by the University, and the apparent successful proposer; thereafter, the responses shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW). Any information in the response that the proposer desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the proposer is making the claim must be cited.

Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire response exempt from disclosure or as Proprietary Information will not be honored. If a public records request is made for the information that the proposer has marked as "Proprietary Information," Washington State University will notify the proposer of the request and of the date that the records will be released to the requester unless the proposer obtains a court order enjoining that disclosure. If the proposer fails to obtain the court order enjoining disclosure, Washington State University will release the requested information on the date specified. If a proposer obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, Washington State University shall maintain the confidentiality of the proposer’s information per the court order.

7.8 No Obligation to Contract: This AOO does not obligate the state of Washington or Washington State University to enter into an Agreement or contract for services specified herein.

7.9 Rejection of Responses: Washington State University reserves the right at its sole discretion to reject any and all responses received without penalty and not to issue an Agreement as a result of this AOO.

7.10 Commitment of Funds: The President of Washington State University or his delegates are the only individuals who may legally commit Washington State University to the expenditures of funds for an Agreement resulting from this AOO. No cost chargeable to the proposed Agreement may be incurred before receipt of a fully executed Agreement.

Golf Course Restaurant AOO# GCR240701 Page 13 of 14

7.11 Evaluation Procedure: Responses will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of responses shall be accomplished by an evaluation team(s), to be designated by Washington State University, which will determine the apparent successful response. Washington State University, at its sole discretion, may elect to select the top-scoring proposers as finalists for an oral presentation. The AOO Coordinator may contact the proposer for clarification of any portion of the proposer’s response.

Washington State University reserves the right to award the Agreement to the proposer whose response is deemed to be in the best interest of Washington State University and the state of Washington.

7.12 Notification to Proposers: Washington State University will notify the apparently successful proposer of their selection in writing via email upon completion of the evaluation process.

Individuals or firms whose responses were not selected for further negotiation or award will be notified separately by e-mail or facsimile.

7.13 Debriefing: Proposers with unsuccessful proposals may, within five (5) days of receipt of notification, request a meeting for debriefing and discussion of their proposals. The request must be in writing and addressed to the AOO Coordinator at the following address:

Milo McGehee Program Assistant Real Estate Services Washington State University 1815 NE Wilson Rd., Suite 242 PO Box 641045 Pullman, WA 99164-1045 Milo.mcgehee@wsu.edu

Comparisons between proposals, or evaluations of other proposals, will not be allowed at the debriefing conference. The University will only respond to questions regarding a proposer’s own proposal.

Golf Course Restaurant AOO# GCR240701 Page 14 of 14

8.0 Exhibits:

Exhibit A: Floor Plans, Restaurant and Pavilion Exhibit B: Aerial diagram, Restaurant and Pavilion Exhibit C: Restaurant Detailed Floor Plan

Exhibit C: Detailed Floor Plan, Restaurant