RFP 049302406_Athletic Travel Mgt Svcs_Final.pdf

Request for Proposal # 049302406

For

Athletic Travel Management Services

January 24, 2024

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

RFP # 049302406 , Athletic Travel Management Services

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

DUE DATE: Proposals will be received until February 21, 2024 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

INQUIRIES: All inquiries for information regarding this solicitation should be directed to Kim Widrig, Senior Buyer, Phone: (540) 231- 8543 e-mail: kdcromer@vt.edu. All inquiries will be answered in the form of an addendum. Inquiries must be submitted by 4:00 PM on February 9, 2024. Inquiries must be submitted to the procurement officer identified in this solicitation.

PROPOSAL SUBMISSION:

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

Proposals may NOT be hand delivered to the Procurement Office.

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

Proposals must be submitted electronically at:

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

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

Registration is easy and free. If you have any challenges with the registration process, please contact Jaggaer Support at 1-800-233-1121 or procurement@vt.edu. It is recommended to use Chrome as your browser.

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

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

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

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

AUTHORIZED SIGNATURE: ____________________________ Date: _________________________

[INCLUDE THIS PAGE]

I. PURPOSE:

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

The Virginia Tech Department of Athletics officially represents the Virginia Polytechnic Institute and State University (Virginia Tech) in intercollegiate athletics. The Hokies participate in the NCAA's Division I Atlantic Coast Conference (ACC) in 22 varsity sports. The University’s Department of Athletics employs over 200 employees, and has over 550 student-athletes. Throughout the competitive playing season during the school year, the teams travel to a variety of locations in order to compete against various other institutions, including regular season play, conference championships, and NCAA Championships.

The Athletic Department uses travel agencies to arrange both team travel to competitions and individual travel for recruiting purposes. Flights for teams are often required for competitions against ACC conference members: Boston College, University of California, Berkeley (Cal), Florida State, Miami, Notre Dame, Southern Methodist (SMU), Stanford, and Syracuse, as well as for distant non-conference opponents and post-season conference competitions.

Many teams charter buses to the airport and to locations within a few hours drive of Blacksburg;

transportation is sometimes needed in distant locations when the team has traveled by airline, or when the coach prefers to use a travel agency to make all-inclusive arrangements.

A listing of current Athletic teams and schedules may be viewed by going to www.hokiesports.com, and selecting “Sports” in the left side listing of links.

In an effort to maintain the highest quality services for our student-athletes, coaches and support staff, we are searching for an experienced travel agency to provide comprehensive travel management services for the University’s Department of Athletics to begin May 1, 2024.

The Department of Athletics currently spends approximately $5 million annually on team travel, recruiting travel and administrative travel. Teams and individuals frequently travel to a multitude of locations across the country, and the Department of Athletics travel needs are very large in scope, size, and flexibility. Travel for the department consists of:

1. Team Travel for 22 varsity sports.

a. Team sizes are as small as 10 students and as large as 105 students. Although travel is almost exclusively in the United States, there are a occasional trips to other countries.

Travel takes place throughout the entire calendar year.

2. Recruiting Travel.

a. Coaches would need support on scheduling travel, which may include stops to multiple areas in one trip.

b. Assist in booking travel (airline tickets, hotels) for prospective student-athletes visiting the

University.

The Department of Athletics currently uses private charters for long distance team travel for the football and the men’s and women’s basketball teams.

Due to the complexities of University, NCAA, and Atlantic Coast Conference rules and regulations associated with travel, the Department of Athletics provides a physical location within its building at the University, for a travel management firm to place an in-house travel agent.

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

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

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

III. CONTRACT PERIOD:

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

(2) one-year renewals, or as negotiated.

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

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

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

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

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

V. CONTRACT PARTICIPATION:

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

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

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

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

VI. STATEMENT OF NEEDS/SCOPE OF WORK:

Virginia Tech is searching for an experienced firm to provide comprehensive Travel Management Services for the University’s Department of Athletics. It is the University’s intent to enter into an agreement with the selected agency(s) for services necessary to help the University achieve its goals as outlined in this RFP. In order to achieve these goals, the selected agency(s) may be requested to provide those services outlined in this section.

A. General Travel Management Services will include:

1. Book airline (commercial and charter), lodging, car rental, chauffeur or car service, and / or charter bus travel at the most favorable rates and routing. The selected agency(s) are expected to utilize any contracts that the University has in place with rental car companies, airlines, or hotels chains – if those are the lowest priced option.

2. Provide delivery of tickets and or trip itineraries within 24 hours after reservations are confirmed to the requesting University end user, unless a longer period of time is requested by the end user. All tickets, with few exceptions, should be delivered electronically.

3. Advise Athletics business of savings opportunities as it pertains to bundling air, lodging, and / or rental car reservations.

4. Provide maintenance of travel profiles on individual University travelers including, but not limited to, seat preference, food requirements, award program numbers, and any other special request.

5. Ensure accuracy in booking, invoicing, and itineraries. Must be able to supply all original receipts available to traveler.

6. Follow all local, state, and federal laws and regulations.

7. Communicate to the traveler and / or the travel arranger, when the reservation takes the traveler to locations requiring immunizations, what and when immunizations are needed by.

8. Communicate any travel alerts or warnings, issued by the US Government and / or destination area, including travel restrictions to sanctioned countries.

9. Monitor current fares against tickets already booked and issued, if a lower fare is discovered, refund or credit the University booking department the difference.

10. Accept the University’s P-card as the preferred form of payment for all University travel.

11. Assis with travel as it relates to requirements for Visa and Passport services.

12. Provide estimates of travel cost as requested by Athletics Business Office for budget planning.

B. Specific Athletics Department Services may include:

1. Solicitations for airline charter quotes, upon request from the University’s Athletics

Department. Quotes should be based upon all specific University and Athletic requirements (insurance, etc.).

2. Provide group hotel booking services. Selected agency(s) will solicit bids for group hotel stays as requested by the University’s Athletics Department. A summary of quotes will be provided to the University’s Athletics Department and, if requested, the actual lodging quotations received.

3. Provide an account manager specifically for the University’s Athletics Department. This account manager will be of managerial level (have the authority to act and make decisions to resolve issues, including contractual issues, without the need for extensive consultation within the Selected agency’s organization), will be the main point of contact to coordinate all athletics travel requirements, and will handle any problems or inquires.

4. Provide an on-site employee who will conduct operations from the University’s Athletics Department (8 a.m. to 5 p.m., M-F). This individual must have a minimum of two years of experience in handling athletics team travel and will be required to learn NCAA and Atlantic Coast Conference travel rules. The University’s Athletics Department will have final approval on who will be the designated on-site employee. The on-site employee will adhere to travel procedures.

5. Provide group airfare expertise, the Selected agency(s) must be able to use administrative or high-level carrier contracts to obtain favorable fares, seats on capacity controlled flights and have the proven ability to address other challenges typically associated with group airfare.

6. Provide special reservation services, specifically accommodating standard airline requirements, to address the unique University’s Athletics’ Department requirement where occasionally the exact roster of athletes traveling to an away game is not known until just before the departure.

C. Specific Travel Abroad Services will include:

1. Provide quotes and pricing in both US and the hosting country’s currency.

2. Provide customized travel itineraries that meet recruiting goals for coaches.

D. Customer Services will include:

1. Return phone calls and emails from the University within three business hours.

2. Notification to travelers of all itinerary changes.

3. Offer professional trip counseling for travelers and the travel arrangers for complex or unique itineraries when requested.

4. Provide effective procedures for complaint resolution.

5. Provide phone support, via a 1-800 number, on a Monday through Friday schedule between the hours of 8:00 a.m. and 5:00 p.m. (Eastern Time), but also have a 24-7 support number for emergency needs to aid travelers during the night, weekends, and holidays.

6. Provide training for the online booking tool, if applicable, on an annual basis, via a combination of on grounds training and web training.

7. Provide a customer service survey tool via the selected agency’s website, where University customers will be able to rate the agency on a number of topics (overall satisfaction with transaction, travel agent’s customers service and knowledge, price, etc.). The selected agency’s management team will be expected to monitor this quality information and address any issues which become apparent.

E. Technology will include providing an on-line tool which:

1. Allows travelers to shop and reserve airlines fares, hotel rooms, and rental cars.

2. Allow travelers to view and update their personal profile preferences.

3. Display traveler’s current and past trip itineraries. Detailed receipt printing should be an option. These documents should also be accessible by select individuals, such as a travel arranger, coach, or department business manager.

4. Allows accessibility via multiple software and electronic device platforms, including, but not be limited to: Windows and Apple operated systems, and Smart phones and other devices (specifically the iPhone and iPad).

5. Communicate to the traveler of any airline credits or unused tickets, when the traveler is making a reservation in which those credits or tickets could be used.

F. Reporting will include:

1. Quarterly reports showing;

a. Airline, lodging, and rental car spend.

b. Total number of lodging nights booked and top five cities by volume.

c. Total number of rental car days booked and top five cities by volume.

d. Trip cancelation fees.

e. Unused airline tickets.

f. Reservation method report; online, email, in person, or via the phone, and after-hours service support.

g. Carbon emissions report.

h. Summary of University complaints and selected agency’s corrective actions.

i. Other reports as requested by the University.

2. Annual analysis showing;

a. University savings from negotiated discounts with airlines, rental car companies, and / or lodging.

b. Recommendations to the University on how to reduce travel cost for the following fiscal year.

c. Annual report that shows detailed travel spend per each commodity and expected spend for the following year, for each requesting department.

d. Other analysis as requested by the University

G. Services to guests and visitors of the University which may include:

1. Provide travel management services (air, lodging, and / or rental car) as requested by visitors and guests of the University. These services should be provided at a discount when compared to standard list price, but this discount should not be greater than the discount extended directly to the University.

2. Capability to track and report the amount of business provided to visitors and guests of the

University.

H. Specific Services for travel commodities which may include:

1. Hotels

a. Provide national hotel chain discounts.

b. Provide negotiated discounts with local hotels.

c. Provide a process for the University to receive a credit (in the form of a rebate, hotel points, or room certificates) based upon all hotel business booked through the selected agency (equivalent to a preferred guest program, but on a corporate level).

2. Rental Cars

a. Provide discounts with rental car chains on a local and / or national level.

b. Provide a process for the University to receive a credit (in the form of a rebate, rental car points, or rental car certificates) based upon all rental car business booked through the selected agency (equivalent to a preferred guest program, but on a corporate level).

3. Airlines

a. Negotiate and create discounts with one or more airlines – for both Domestic and

International travel.

b. Provide the data reporting requirements as contractually required per any airline contract.

c. Provide a process for the University to receive a credit (in the form of a rebate, airline points, or airline ticket certificates) based upon all air travel business booked through the Selected agency (equivalent to a frequent flyer program, but on a corporate level).

I. Auditing Services which may include:

1. Provide level 3 Purchasing Card (“P-card”) details for auditing.

2. Ensure no first-class tickets are purchased unless allowed by University policy or an exemption is granted.

3. Ensure rental cars are limited to non-luxury, unless exemption is granted.

4. Ensure the University does not pay for others traveling with University employees (spouses, children, etc.).

5. Ensure University lodging and per diem limits are followed and the University does not pay for over limit lodging.

6. Ensure non-allowable travel expenses are not charged to the University.

7. Ensure proper justification and approval for refundable tickets. Price difference of regular ticket and a refundable ticket must not exceed the price of traveler’s insurance.

8. Ensure business purpose of trip is always provided.

VII. PROPOSAL PREPARATION AND SUBMISSION:

A. Specific Requirements

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

1. Plan For Providing Services:

a. Provide specific plans for providing service to Virginia Tech employees located throughout the state. Include plans for delivering tickets, costs or such delivery, express mail costs, toll free phone numbers if available and plan for obtaining the PO / TA from the departments.

b. Describe your approach to securing the lowest rates available to meet the traveler’s needs.

c. Provide a list of additional services that you could provide Virginia Tech to improve its travel program.

d. If applicable, identify and list the amount of any fees (transaction, processing, service charge, etc.) that may be charged.

e. Provide completed sample forms including itinerary, invoice, reservation vouchers, customer reports, as well as internal forms such as procedures and policies, which your staff is required to follow.

f. Identify the location of the office that will provide services and its proximity to Virginia

Tech.

2. Qualifications and Experience:

a. Describe the experience and variety of services provided by your agency.

b. Describe the expertise of your staff and a description of your training and development program, which will assure that all personnel assigned to perform under any resultant contract, shall be capable and qualified in the work assigned to them. Include resumes for staff that will provide service to Virginia Tech.

c. Provide evidence of financial stability.

d. Describe service enhancements unique to your agency including franchise agreements.

e. Are you a member of a consortium? If so, which one and why did you select that one?

Provide a list of services that the consortium provides to your agency.

f. Provide four (4) recent references, either educational or governmental, for whom you have provided the type of services described herein. Include the date(s) the services were furnished, the client name, address and the name and phone number of the individual Virginia Tech has your permission to contact

3. Equipment, Systems, Automation:

Describe your degree of automation, procedures for electronically transferring data, and plans for future enhancements that may provide efficiencies for processing invoices at Virginia Tech.

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

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

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

D. General Requirements

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

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

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

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

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

2. Proposal Preparation:

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

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

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

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

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

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

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

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

Therefore, proposals should be complete.

VIII. SELECTION CRITERIA AND AWARD:

A. Selection Criteria

Proposals will be evaluated by Virginia Tech using the following:

Maximum Point Criteria Value

1. Quality of products/services offered and suitability for 20 the intended purposes

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

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

4. Cost (or Price) 25

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

B. Award

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

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

IX. INVOICES:

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

Virginia Polytechnic Institute and State University (Virginia Tech) Accounts Payable North End Center, Suite 3300

300 Turner Street NW Blacksburg, Virginia 24061

X. METHOD OF PAYMENT:

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

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

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

XI. ADDENDUM:

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

XII. COMMUNICATIONS:

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

XIII. CONTROLLING VERSION OF SOLICITATION:

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

XIV. TERMS AND CONDITIONS:

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

XV. CONTRACT ADMINISTRATION:

A. Kellie Shaver, Assistant Director of Business Service Center, Athletics, at Virginia Tech or their designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

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

XVI. ATTACHMENTS:

Attachment A - Terms and Conditions

ATTACHMENT A

TERMS AND CONDITIONS

RFP GENERAL TERMS AND CONDITIONS

See:

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

ADDITIONAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. INSURANCE:

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

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

INSURANCE COVERAGES AND LIMITS REQUIRED:

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

B. Employers Liability - $100,000.00 C. General Liability - $2,000,000.00 combined single limit. Virginia Tech and the Commonwealth of Virginia shall be named as an additional insured with respect to goods/services being procured.

This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

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

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

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

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