RFB202690000713.pdf

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West Virginia University

Request for Bids (“RFB”)

RFB No. 202690000713

For more information about WVU, please visit www.wvu.edu

TITLE: PSC Library Boiler Replacement

BID DUE DATE: May 7, 2026, 12:00pm EST

PRE-BID MEETING: April 22, 2026, 11:00am EST

PROCUREMENT OFFICIAL: Kaison Ball

Kaison.Ball@mail.wvu.edu

Any and all communications shall be held with the Procurement Official. Proposers shall not communicate with any other WVU personnel or representative during the RFP process. If Proposers are found to have communicated with any other representative of WVU during the RFP process, the Proposer may be disqualified, and the Proposal will not be accepted by WVU.

I. INTRODUCTION AND OVERVIEW OF SOLICITATION

A. OVERVIEW OF SOLICITATION

West Virginia University (“WVU” or “University”) is initiating this Request for Bids (“RFB”) to solicit Bids from qualified firms or individuals (“Bidders”) for the following:

Provide all tools, equipment, labor and material for the removal and replacement of a boiler for the Mary F. Shipper Library located on the campus of Potomac State College in Keyser, WV.

B. SOLICITATION SCHEDULE

The following is an anticipated Solicitation Schedule. The University may, in its sole discretion change this schedule at any time. If the University changes dates in the schedule before the deadline for receipt of Bids, it will do so by an addendum to this RFB. It is each prospective Bidder’s responsibility to check the University’s e-bidding system (“WVU Public Bid Site”) for current information regarding this RFB and its timelines.

RFB Publication April 17, 2026

Question Deadline (posted to Q&A Board) May 1, 2026, 12:00pm EST

Bid Due Date (“Due Date”) May 7, 2026, 12:00pm EST

Anticipated Contract Start Date May/June 2026

C. PRE-BID MEETING:

Participation is ☒ required / ☐ not required.

http://www.wvu.edu/ mailto:Kaison.Ball@mail.wvu.edu https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=WVUMarketplace https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=WVUMarketplace

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Meeting will be held on: 4/22/2026, 11:00am Eastern Time. Meeting will be held via Microsoft Teams. For additional information contact the RFP Procurement Official.

II. BID FORM & PRICING INFORMATION

See Attachment A “Bid Form & Pricing Information”

III. SPECIFICATIONS AND REQUIRED CONDITIONS

See Attachment B “Specifications and Required Terms and Conditions”

IV. RFB RULES AND GUIDELINES

A. COMMUNICATIONS

Throughout the procurement process, all communication, outside of those submitted under “Explanations and Clarifications” as described herein, between the Bidder and the University shall be with the Procurement Official identified above. “Bidders” includes subcontractors at all levels and joint venture members, where applicable. Discussions or communications regarding this solicitation with any other individuals associated in any capacity with the University, its consultants, contractors or members of its Board of Governors, or members of any Evaluation Committee are prohibited, unless otherwise approved in writing by the Procurement Official. Discussions or communications with any other person, regardless of the format, could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of University’s procurement process.

Bidders shall provide immediate written notice to the Procurement Official any time contact has not been limited to the Procurement Official concerning this solicitation, whether initiated by the Bidder or by other University employees, consultants, contractors or members of its Board of Governors. Any violation of this prohibition may result in the disqualification of the Bidder from further participation in this solicitation, and from award of any contract or subcontract under this solicitation.

By submitting, the Bidder certifies compliance with the above.

The Procurement Official for this solicitation and their contact information is identified on the first page of this RFB.

B. REVISIONS, EXPLANATION, AND CLARIFICATIONS TO THE RFB

Any explanation or clarification desired by a Bidder regarding the meaning or interpretation of any part of this solicitation must be submitted in writing by an authorized representative of the Bidder through the Q&A Board on the WVU Public Bid Site with a

Page 3 of 12 Last Updated: 11/1/2023 clear reference to the relevant RFB section. Requests for explanations or clarifications must be submitted on or before the deadline for questions. Requests for clarification received after this deadline may not be considered and the University has no obligation to address them.

Written explanations or clarifications provided to a Bidder concerning an interpretation of the solicitation shall be furnished to all Bidders, if such information is necessary in submitting Bids or if the lack of such information would be prejudicial to uninformed Bidders. The Bidder must check the Q&A Board throughout the procurement process to view all applicable information. The University is under no further obligation to ensure that Bidders receive explanations or clarifications.

Oral explanations or clarifications given before the award of any contract, at any pre-bid conferences or otherwise, do not serve to modify the solicitation and will not be binding on the University.

Suggestions for RFB revision may be submitted to the Procurement Official by posting on the WVU Public Bid Site. This is an opportunity for prospective bidders, prospective partnership members, and others to provide feedback to inform RFB revisions if needed.

The University also reserves the right to cancel or to reissue the RFB, in whole or in part, prior to execution of a contract.

C. MODIFICATION/ACKNOWLEDGMENT OF SOLICITATION ADDENDA

The University reserves the right to modify or amend the solicitation. If it is amended, then all terms and conditions which are not modified remain unchanged.

When the solicitation is modified or amended, the Procurement Official shall post a solicitation addendum on the WVU Public Bid Site. The University is under no further obligation to ensure that Bidders receive addenda.

An Addendum may be issued for many reasons including, but not limited to, (a) making changes or corrections to the RFB; (b) clarifications, revisions, additions or deletions to the goods or services specifications; (c) providing information necessary to ensure fair and competitive solicitation (i.e. used in cases where one Bidder has received information that other Bidders have not); (d) extension or postponement of the Due Date, or other RFB date, due to University need or Bidder request; or (e) any other reason determined by the Procurement Official to be necessary or advantageous to the University.

The CPO or designee may extend the Bid Due Date, if doing so is in the best interest of the University. Additionally, prospective Bidders who contact the Procurement Official prior to the Bid Due Date, may request to extend the Due Date, such issuance of an extension is at the University’s sole discretion. Such postponement shall be

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D. PREPARATION OF BIDS – GENERAL

1. Examine the Entire Solicitation. Prior to submission of Bids, Bidders are expected to thoroughly examine all provisions of the Attachments, Appendices, and/or Addendums to the solicitation, whether incorporated by reference or otherwise.

Failure to do so will be at the Bidder’s risk and will not be a basis for the Bidder to request relief of any kind prior to or after contract award.

2. Exceptions to Solicitation. If the Bidder cannot accept WVU’s terms, conditions or requirements, the Bidder shall raise their exceptions in writing as specified in the “Explanations & Clarifications” provision, above, and the University will address them in the Q & A Board. It is the University’s sole discretion as to whether it will accept or deny any exceptions raised by Bidders.

3. Furnish Information. Bidders shall furnish all information required by the solicitation.

4. General Format

Bidders must utilize the Bid Form included in Section II of this RFB unless otherwise noted. If a separate pricing document is provided to Bidders, all pricing must be completed within that document. Failure to utilize supplied pricing documents may result in disqualification from the RFB process.

5. Required Signatures. All Bids must be submitted by an individual authorized to extend a formal Bid. The University accepts electronic signatures. By submitting the Bid, the Bidder certifies compliance with the signature authority required.

6. Alternate Bids. Bidders may submit more than one Bid. All Bids must comply with the requirements of the RFB except that additional Bids may incorporate, by reference, repetitive information which is provided in the original Bid. Such alternative Bids should be clearly marked as an alternate to clearly delineate from Bidder’s official Bid.

7. Proprietary Information or Other Confidential Information. Bids submitted in response to this solicitation shall become the property of the University. All Bids received shall remain confidential until the contracts, if any, resulting from this RFB are signed by an authorized representative of the University and the Apparent Successful Bidder; thereafter, the Bids shall be deemed public records as defined in W. Va. Code § 29B-1-1, et seq. commonly referred to as the West Virginia Freedom of Information Act.

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Bidder must clearly designate any information in the Bid that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of W. Va. Code § 29B-1-1 et seq. or other state or federal law that provides for the nondisclosure of your document. The page must be identified, as well as the particular exception from disclosure upon which the Bidder is making the claim. Each page claimed to be exempt from disclosure must be clearly identified by the word “Confidential” printed on the lower right-hand corner of the page.

The University will consider a Bidder’s request for exemption from disclosure;

however, the University will decide predicated upon W. Va. Code § 29B-1-1, et seq.

Designating the entire Bid exempt from disclosure will not be honored. The Bidder must be reasonable in designating information as confidential. If any information is designated as proprietary in the Bid, such information will not be made available until the affected Bidder has been given an opportunity to seek a court injunction against the requested disclosure if such time can be provided without violation of complying with W. Va. Code §29B-1-1, et seq.

8. Use of Subcontractors. If the Bidder intends to use subcontractors to perform any portion of the work or to provide any of the parts or equipment described in this RFB, this must be clearly stated in the Bid. The Bidder’s response must include a description of which portion(s) of the work that will be sub-contracted and the names and addresses of potential subcontractors under the contract. The University reserves the right to reject any proposed Subcontractor of the Bidder. Bidder may not change or revise any subcontractor after the Bid is submitted without the written approval of

WVU.

9. Bid Preparation Costs. The University shall not be liable for any costs incurred by a

Bidder in responding to this RFB, regardless of whether the University awards a contract through this process, cancels this RFB for any reason, or contracts through another RFB or another process.

10. Errors and Omissions. The Bidder is expected to comply with the true intent of this

RFB taken as a whole and shall not avail itself of any errors or omissions to the detriment of the University. Should the Bidder suspect any error, omission, or discrepancy in the product specifications and/or scope of services or other portions of the RFB, the Bidder shall immediately notify the University in the Q&A Board, and the University shall issue written instructions to be followed. The Bidder is responsible for the contents of its Bid and for satisfying the requirements set forth in the RFB.

11. Firm Offer Period. Offers must be kept firm for acceptance by the University for at least one hundred twenty (120) days after the date that Bids are due. Bids with acceptance periods of less than one hundred twenty (120) days may be considered non-responsive. The Bidder may specify a longer period than indicated here. If the Bidder indicates no period for acceptance, the Bid will be considered firm for one

Page 6 of 12 Last Updated: 11/1/2023 hundred twenty (120) days and thereafter until written notice to the contrary is received.

12. Standards of Quality. Any product or service by Bidder shall conform to all applicable federal, state and local laws and regulations, and the specifications contained in the solicitation. Unless otherwise specified in this RFB, any manufacturer's name, trade name, brand name, or catalog number used in the specification is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. Bidder must specify the brand and model number of the product offered in his bid. Bids not specifying brand and model number shall be considered as offering the exact product specified in the solicitation.

13. New Products. All products bid for purchase must be new, never previously used, of the manufacturer’s current model and/or packaging, and of best quality as measured by acceptable trade standards. No remanufactured, demonstrator, used or irregular products will be considered for purchase unless otherwise specified.

E. BID SUBMISSION & FORMAT

1. Bid Submission.

The Bid must be submitted through the WVU Public Bid Site no later than the Due Date and Time listed on the first page of this RFB. The University does not assume responsibility for problems with Bidder’s computer/servers or other electronic issues.

Bidders should allow sufficient time to ensure timely receipt of the Bid by the University. Late Bids will not be accepted and will be automatically disqualified from further consideration, unless the University’s electronic submission method is found to be at fault. If you are having technical difficulty; you may contact the Procurement Official prior to the submission Due Date and Time to possibly arrange submission through email, Dropbox or a comparable file sharing method.

Bids may not be transmitted by fax, email or mail unless prior permission is received from the Procurement Official.

2. Bid Format for Submission. The Bid shall be a single file in Microsoft Word, PDF, or

Excel format. Zipped files cannot be received by the University and cannot be used for submission of Bids.

F. BID MATERIALS

The Bid material and accompanying documentation submitted in response to the RFB becomes the property of the University upon delivery submission to the University and may be appended, if necessary, to by any formal document which would further define or expand the contractual relationship between the University and the Bidder. All the material will be considered as part of this RFB.

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G. WITHDRAWAL AND MODIFICATION OF BIDS

Bid withdrawals shall be submitted through the WVU Public Bid Site prior to the Due Date and Time set forth in the RFB. Withdrawals must be made on company letterhead and signed by an authorized representative of the Bidder. Once withdrawn, the Bidder may modify and resubmit their Bid before the Due Date and Time.

Any modification of a Bid should be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior Bids, and submitted to the University as required pursuant to this RFB.

H. REJECTION OF BIDS

The University reserves the right at its sole discretion to reject any or all Bids received without penalty and not to issue a contract as a result of this RFB. If any Bid is rejected, a written explanation prepared by the CPO, or designee, shall be noted in the Procurement File.

I. LATE SUBMISSIONS

Any Bid, withdrawal, or modification received after the Due Date and Time will not be considered, unless the University’s electronic submission method is found to be at fault.

If Bidder encounters technical difficulty, Bidder may contact the RFB Procurement Official prior to the submission Due Date and Time to potentially arrange other submission methods. The electronic clock on the WVU Public Bid Site shall be considered the official timepiece used to determine whether the Bid, withdrawal, or modification was late.

J. BID EVALUATION & SELECTION

1. Bid Opening. Bids, modifications, and withdrawals shall be opened via the WVU

Public Bid Site. Upon receipt of Bids, the Procurement Official will initiate the evaluation and selection process, to include a general review to determine if Bids comply with the solicitation provisions and contain the required information and submittals. If they do not, the Procurement Official may reject them.

2. Substantiation of Bids. The University reserves the right to require each Bidder to substantiate any aspect of the Bid, its own qualifications for providing the services required, and any other area of interest relative to the Bid.

3. Lowest Responsive & Responsible Bidder. The contract is to be awarded to the lowest responsible and responsive Bidder. No bid shall be evaluated for any requirements or criteria that are not disclosed in the RFB. In determining the lowest responsible and responsive Bidder, consideration will be given to such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and

Page 8 of 12 Last Updated: 11/1/2023 conditions considered prudent, as set forth in the RFB. Unit prices shall prevail in all cases when there is a conflict between the unit price and the extended price.

4. Final Negotiations of Terms/Conditions with Best Bidder. Following the selection of the lowest responsive and responsible Bidder, the University and selected Bidder may enter negotiations to arrive at mutually agreeable terms and conditions. The contents of the selected Bid may become contractual obligations of the contract. Failure of the Bidder to accept or negotiate, in good faith, these obligations into a contract may result in rejection of the Bid. If the University is unable to negotiate a mutually satisfactory contract with the selected Bidder, negotiations shall be formally ended with the Bidder and begun with the next lowest responsive and responsible Bidder.

Negotiations shall be undertaken in this manner until a mutually satisfactory contract has been negotiated or the solicitation is canceled. The University will demonstrate “good faith” in reaching a mutually acceptable contractual agreement.

Notwithstanding this, there are certain conditions that are unacceptable to the University. See Section V of this RFB for a non-exhaustive list of provisions that are unacceptable to the University.

K. AWARD OF CONTRACT

1. Basis of Award. The University will award a contract based upon the evaluation of

Bids. The University may award a contract based solely on initial Bids. Accordingly, initial Bids should be submitted on the most favorable terms from both a technical and price standpoint.

2. Rejection of Bids & Waiver of Minor Information/Irregularities. The University reserves the right to reject any or all Bids in part or in total for any reason, to accept any Bid if considered best for its interest, and to waive informalities and minor irregularities in Bids received, commensurate with best public procurement practices.

3. Notice of Award. Any award of a contract resulting from this RFB will be made only by an authorized WVU Employee.

4. Bidder’s Responsibility for Products and Services Bid. It is understood and the Bidder hereby agrees it shall be solely responsible for all services they bid, notwithstanding the detail present in the RFB.

5. Award will be given to the lowest responsible and responsive Bidder. WVU reserves the right: (1) to award items separately, grouped, or on an all-or-none basis, as deemed in its best interest; (2) to reject any or all Bids and/or items; and (3) to waive any informalities.

6. Awarded Products/Unauthorized Substitutions. Only those awarded brands and numbers stated in the WVU Purchase Order/Contract are approved for delivery, acceptance, and payment purposes. Any substitutions require prior approval of WVU.

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Unauthorized product substitutions are subject to rejection at time of delivery, post-return at vendor’s expense, and non-payment.

7. Bids/Prices/F.O.B. Point.

a. The bid price for each item is to be quoted on a “net” basis and F.O.B. WVU Destination. All items must be suitably packed and prepared for shipment to secure lowest transportation rates and comply with carrier regulations. No charges will be paid by WVU for packing, crating, or cartage unless stated in the Purchase Order/Contract. All shipments to be forwarded on one day via one route must be consolidated. Supplier must ship goods through a properly insured carrier. The Supplier shall be totally responsible for any damages done to WVU property during delivery, assembly, installation/placement of the goods and/or the furnishing of the services described herein and shall repair or cause to be repaired at its expense any such damages in a manner satisfactory to WVU.

b. Bids other than F.O.B. WVU Destination may be rejected.

c. Bids indicating estimated freight charges may be rejected.

d. Bids requiring deposits, payment in advance, or C.O.D. terms may be rejected.

e. Bidders who do not quote “net” item prices and who separately quote an overall “lump sum” freight cost or discount for all items shall be considered as submitting an “all-or-none” bid for evaluation and award purposes; and risk rejection if award is made on an item basis.

8. Descriptive Information. Bidders proposing an equivalent brand or model are to submit with the Bid descriptive information (such as literature, technical data, illustrations, etc.) sufficient for WVU to evaluate quality, suitability, and compliance with the specifications. Failure to submit descriptive information may cause the Bid to be rejected. Any changes made by Bidder to a manufacturer’s published specifications shall be verifiable by the manufacturer. If items bid do not fully comply with specifications, Bidder must state in what respect items deviate. Bidder’s failure to note exceptions in its Bid will not relieve the Bidder from supplying the actual products requested.

9. Terms and Conditions. This solicitation contains all terms and conditions with respect to the purchase of the goods and/or services specified herein. Submitting any contrary terms and conditions may cause your Bid to be rejected. By signing and submitting a Bid, Bidder agrees that contrary terms and conditions which may be included in its Bid are nullified; and agrees that this contract shall be construed in accordance with this solicitation and governed by the laws of the State of West Virginia. Additional terms and conditions may be accepted or rejected at the sole discretion of WVU.

L. CANCELLATION OF SOLICITATION

The University may cancel this solicitation at any time before or after receipt of Bids.

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M. COMPLAINTS OR PROTESTS

Complaints or protests associated with this solicitation must be submitted in accordance with the University’s Procurement Manual.

V. REQUIREMENTS FOR FINAL CONTRACT (If applicable)

The University may provide a sample contract and its terms and conditions as an Attachment to this RFB. If the University provides a sample contract, the Apparent Successful Bidder will be expected to enter into a contract that is substantially the same as the sample contract and its terms and conditions. If no sample contract is provided, the University and the Apparent Successful Bidder shall enter negotiations, in good faith, to mutually agree on a bi-lateral contract for such services related to this RFB. Such negotiations shall be in conformance with any terms and conditions specifically included in this RFB. In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation, unless specifically requested by the University. The Bidder may submit questions or exceptions to any terms and conditions of a provided sample contract or pertaining to the “Prohibited State Terms” listed below to this solicitation. All exceptions to the contract terms and conditions or “Prohibited State Terms” must be submitted through the WVU Public Bid Site. The University will review requested exceptions and accept or reject the same at its sole discretion.

A. PROHIBITED TERMS

WVU’s status as a state agency imposes certain restrictions on its contracting activities that a private university or company does not face. Many standard clauses typically found in commercial contracts cannot be accepted by WVU. The restrictions are based on constitutional and statutory prohibitions. The following provisions, without limitation, are some of the most common provisions that we must strike when negotiating an agreement or contract.

1. Indemnification and/or Hold Harmless. State agencies are constitutionally prohibited from agreeing to indemnify third parties.

2. Limitation of Liability. WVU does not have the authority to prejudice the rights of the State of West Virginia to sue or otherwise enforce a contract by agreeing to a limit on or a waiver of liability.

3. Governing Law of or Venue in a State Other than West Virginia. West Virginia

University does not have statutory authority to accept the governing laws of or venue in another state. As an alternative, the University may agree to be silent on such issues.

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4. Confidentiality. WVU is subject to the West Virginia Freedom of Information Act (W.

Va. Code §29B-1-1 et. seq.). Thus, WVU cannot agree to keep the terms and conditions of a contract or agreement confidential.

5. Attorney Fees. As a public institution, the University cannot agree to pay attorney’s fees, court costs, or other litigation expenses in the event of a dispute as that would be a violation of the constitutional gratuities clause.

6. Damage Clauses. Damage clauses that include indirect or incidental damages as additional types of damages payable by WVU is not acceptable.

7. Late Payment/Cancellation Charges/Interest Charges. State agencies are prohibited from agreeing to pay late payments or cancellation charges.

8. Taxes. The State is exempt from most taxes and generally will not agree to contract language which requires the payment of taxes. The University will not agree to reimburse the vendor for the payment of taxes.

9. Binding Arbitration. The University has no statutory authority to agree to binding arbitration and the State Attorney General has exclusive authority and control over all matters of litigation or potential litigation involving State agencies. Thus, University has no authority to limit the type or scope of judicial action.

10. Interest. The University lacks statutory authority to agree to the payment of interest.

11. Funding Clause. The University cannot commit funds on multi-year contracts across

Fiscal Years. All contracts across Fiscal Years are subject to fund availability and legislative appropriation. The University has a right to terminate due to non-funding outside the current Fiscal Year. Such termination shall not be an event of default.

B. ELECTRONIC PAYMENT

The University strongly prefers to utilize electronic payments in its transactions. The successful Bidder will be provided with a form to complete with the contract to authorize such payment method.

C. INSURANCE COVERAGE

☒ Bidder shall be subject to the standard insurance provisions in this Section.

☐ Bidder shall be subject to the insurance provisions in Attachment ___.

The successful Bidder shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. The Bidder shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to the University prior to the

Page 12 of 12 Last Updated: 11/1/2023 contract effective date. Additionally, Bidder is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

The successful Bidder shall procure, at its own expense, and maintain for the duration of the PO/contract, the following insurance coverage from insurers licensed or registered to do business in the State of West Virginia: (a) Commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general aggregate; (b) Worker’s Compensation insurance in accordance with applicable statutory limits (c) Commercial Automobile insurance in the amount of $1,000,000 per occurrence for all owned, non-owned, hired. leased, rented, and employee non-owned vehicles, (d) where applicable, professional liability insurance of $1,000,000 per claim/loss and $2,000,000 annual aggregate, with proof that coverage shall remain in effect for a minimum of three years from the date of completion of the project, Supplier shall provide such other insurance as may be required by law. All insurance carried by Supplier in connection with the Services shall list University as an additional insured and such insurance shall be primary and not contributory as to any other insurance the University may have in effect. The Supplier shall provide a certificate of insurance to the University evidencing required coverage prior to commencement of the Services All policies shall provide a minimum of thirty

(30) calendar days’ written notice prior to cancellation or material change. The insurance company(ies) providing the above-described coverage shall have an AM Best Rating of no less than (A-) excellent.

Participation is ☒ required / ☐ not required.