RFP 242-24-00069 ATM Services.pdf

COMMONWEALTH OF VIRGINIA

REQUEST FOR PROPOSAL

(SEALED PROPOSALS)

RFP 242-24-00069 - DH

AUTOMATED TELLER MACHINE SERVICES

DUE: THURSDAY, MARCH 28, 2024 AT 2:00 PM EST

Danielle Henley, VCCO, VCO, VCA

Director of Procurement Services

(757) 594-7635

Email: Danielle.henley@cnu.edu

SEALED REQUEST FOR PROPOSAL (RFP)

Issue Date: Wednesday, February 28, 2024 RFP# 242-24-00069-DH

Title: Automated Teller Machine Services

Commodity Code: 94622, 94625

Issuing Agency: Commonwealth of Virginia

Christopher Newport University 1 Avenue of the Arts Newport News, VA 23606-3072

Using Agency And/Or Location Christopher Newport University Where Work Will Be Performed: 1 Avenue of the Arts

Sealed Proposals Will be Received Until: Thursday, March 28, 2024 at 2:00 p.m.

For Furnishing the Services described herein.

All inquiries for information should be directed to danielle.henley@cnu.edu. All inquiries must be received no later than Tuesday, March 12, 2024 by 12:00 p.m.

Initial Period of Contract: From July 1, 2024 through June 30, 2029 with one (1) optional successive five (5) year renewal period.

IF PROPOSALS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE. IF PROPOSAL ARE HAND DELIVERED, DELIVER TO: Christopher Newport University, Office of Procurement Services, 321 Hiden Boulevard, Suite 100, Newport News, Virginia 23606

In compliance with this Request for Proposal (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

*Virginia Contractor License No. _________________________*DSBSD-certified Small Business No._______________ Class: __________________ Specialty Codes: __________________________SCC#:______________________________

Name and Address of Firm:

_____________________________________________ Date: _________________________________________ _____________________________________________ By: __________________________________________ _____________________________________________ ( Signature In Ink) __________________________Zip Code:___________ Name: _________________________________________ eVA Vendor ID or DUNS #:______________________ (Please Print)

Fax Number: (___) _____________________________ Title: __________________________________________ E-mail Address: ________________________________________ Telephone Number: _______________________________

OPTIONAL PRE-PROPOSAL CONFERENCE: An optional pre-proposal conference will be held virtually on Monday, March 11, 2024 @ 10:00AM EST. Meeting information is as follows: Video call link: https://meet.google.com/nhq-jsxh-wue Or dial: 7716-719-(US) +1 417 PIN: 354 064 065#

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, national origin, age disability, sexual orientation, gender identify, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition Co. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

TABLE OF CONTENTS

Section Page

I. PURPOSE 5

II. BACKGROUND 5

III. STATEMENT OF NEEDS 5

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 7

V. EVALUATION AND AWARD CRITERIA 9

VI. GENERAL TERMS & CONDITIONS 10

VII. SPECIAL TERMS & CONDITIONS 17

VIII. PAYMENT METHOD 20

IX. ATTACHMENTS 20

Attachment A – PROPOSAL RESPONSE FORM

Attachment B - CONFLICT OF INTEREST STATEMENT

Attachment C - VENDOR DATA SHEET

Attachment D - STATE CORPORATION COMMISSION FORM

Attachment E - SMALL BUSINESS SUBCONTRACTING PLAN

Attachment F - PROPRIETARY AND CONFIDENTIAL INFORMATION FORM

Attachment G - CONTRACTOR BACKGROUND CERTIFICATION FORM

Attachment H - ATM USUAGE FROM 2022 - 2023

AUTOMATED TELLER MACHINES SERVICES

RFP # 242-24-00069-DH

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Contractors to provide Automated Teller Machine (ATM) Services on the campus of Christopher Newport University (CNU), an Agency of the Commonwealth of Virginia. The contract shall be for a period of five (5) years with the option to renew for one (1) successive five (5) year periods.

II. BACKGROUND

A four-year public university in Newport News, Virginia, Christopher Newport University (hereinafter referred to as “CNU” or “the University”) enrolls approximately 5,000 students in rigorous academic programs in the liberal arts and sciences through the College of Arts and Humanities, the College of Natural and Behavioral Sciences, the College of Social Sciences, and the Luter School of Business. CNU offers great teaching and small class sizes with an emphasis on leadership, civic engagement and honor.

For more information about CNU, visit www.cnu.edu.

III. STATEMENT OF NEEDS

A. GENERAL

The University is seeking a Contractor to install and operate full-service ATMs on the University’s campus.

1. The locations may include but not be limited to:

a. David Student Union

b. Trible Library

c. Freeman Center

2. The Contractor shall be responsible for providing well-functioning ATM equipment capable of delivering cash from accounts held by regional and national banks via association with such networks as MOST, CIRRUS, etc.

3. The Contractor shall be responsible for total management control, on-site operation, day-to-day administration, scheduling and supply of basic and periodic ATM services.

4. The ATM machines shall remain operational twenty-four (24) hours a day, seven (7) days a week except for prescheduled service or maintenance.

5. The Contractor shall respond to service outages within 24 hours.

B. SPECIFIC REQUIREMENTS

1. The Contractor shall furnish all labor, equipment, and supplies necessary to install and maintain full-service ATMs at all locations agreed upon by the University and the Contractor.

2. The Contractor shall, at no additional expense to the University, be responsible for obtaining any and all licenses and permits, and for complying with all applicable Federal, State, and Local laws, codes, and regulations in connection with the operation of ATM machines.

3. Any camera systems proposed by the Contractor for security purposes shall be at the sole discretion and expense of the Contractor. Any installed camera systems shall be internal to the equipment. The use of external cameras or videotape equipment will not be permitted.

4. The inclusion of an alarm system shall be at the sole discretion and expense of the Contractor.

5. The Contractor should provide ATM machines that will perform, at a minimum, the following functions:

a. Allow in-screen transaction selection

b. Process withdrawals from both checking and savings accounts.

c. Disburse US dollars for cash advances. The Contractor may place dollar limitations on the amount of cash to be disbursed by the ATM.

d. Dispense printed receipts to include, but not limited to, the date and time of the transaction, transaction type, dollar amount of withdrawal, remaining balance, etc.

e. Balance Inquiry.

f. Process deposits to checking and savings accounts (optional functionality).

6. The Contractor should have local branches to service the University’s community in the event that transactions or issues may need to be resolved in-person.

7. The Contractor shall be available to participate in CNU orientations and Employee Benefits Fairs as required. CNU will provide the Contractor the opportunity to have a table during orientation to market their services. The Contractor will offer membership to their institution free of charge to CNU students, faculty, and staff.

8. The Contractor should be able to provide international banking services from the ATM machines.

9. CNU partners with BankMobile Disbursement to provide students with refund management services for financial aid. These funds are required, by law, to have fee free access. The Contractor shall either:

a. Provide fee free ATM access to BankMobile Disbursement account holders at any and all

ATMs located on campus.

b. Offer no objections to BankMobile Disbursement establishing and maintaining ATM(s) on campus to allow students fee free access.

10. All ATM equipment shall remain the sole property of the Contractor. The Contractor will be fully responsible for supplying, installing, maintaining, and servicing all ATM equipment during the term of the contract. Upon termination or expiration of the contract, the Contractor will be fully and solely responsible for removing the ATM equipment from CNU’s property at no additional cost to

CNU.

11. The Contractor shall utilize existing telephone wiring for each ATM. CNU shall approve of any subcontractors and the installation plan.

12. The Contractor will be responsible for the installation and maintenance of required electrical power. Emergency power will not be available to support additional ATM’s locations. CNU shall approve of any subcontractors and the installation plan.

13. The Contract shall utilize CNU’s Verizon DEMARC located in Luter Hall. CNU shall approve the vendor and the installation plan.

14. All installation work shall be performed in a first-class workmanship manner by fully qualified personnel and all materials furnished shall be of character and quality required by the accepted specifications. Any unsatisfactory work performed or materials furnished at whatever time they may be discovered shall be immediately removed and replaced by the Contractor to CNU’s satisfaction.

15. The Contractor shall make known any fees that will be charged for usage of the ATM’s services.

These fees shall be publicly posted in a conspicuous place, either on or near the ATM.

16. CNU makes no guarantee of a minimum volume of fee generating activity.

17. The Contractor shall publicly post in a conspicuous place, either on or near the ATM, directions for usage of the ATM. All signage and functions of the ATM machine must be accessible to those with disabilities.

18. The Contractor shall be responsible for maintaining ATM equipment in fully operational order. The Contractor will also be fully responsible for all repairs and/or replacement of dysfunctional ATM’s.

19. The Contractor shall designate a Customer Service Representative for the management of this contract. The Customer Service Representative shall coordinate the services provided to CNU and shall be responsible for resolving any problems which may arise concerning such services.

20. It is desired that the Contractor shall pay CNU a fee at a mutually agreed upon rate. This may be either a fixed, flat rate or a share of the revenue received.

21. CNU will not be responsible for paying any fees, network subscriptions, expenses, taxes, or charges of any kind associated with the ATM’s. Any and all costs related with the ATM’s shall be the sole responsibility of the Contractor.

22. The Contractor shall at all times safely guard CNU’s property from injury or losses in connection with the equipment installation work required. The Contractor shall at all times safely guard and protect their work and that of adjacent property from damage.

23. The Contractor is responsible for credit card safety and PCI DSS compliance on their machines and will ensure all requirements for PCI-DSS standards are maintained.

i. PCI Compliance certification, as well as, the Contractors SOC report will be provided annually to the University by the Contractor.

24. The Contractor shall have the appropriate insurance. That insurance may be FDIC or an equivalent type of insurance.

25. The Contractor will address non-monetary incentives such as internship opportunities for CNU Students.

26. The Contractor will describe their willingness to become a corporate sponsor for Christopher Newport University, to include the amount of sponsorship, area of sponsorship, and other types of sponsorship they are currently doing at other universities.

27. The Contractor will describe any scholarship donations they are interested in making.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

1. GENERAL INSTRUCTIONS:

A. RFP Response: In order to be considered for selection, Offerors must submit one (1) full hardcopy/paper proposal with original signatures response to this RFP. Additionally, Offeror must submit one (1) USB or flash-drive containing one (1) electronic file of the entire proposal and one (1) electronic file with all proprietary and trade secret material redacted, if any, (both in Microsoft-compatible searchable PDF format) to the issuing agency. The redacted version of the proposal must have all proprietary information deleted that has been marked as proprietary. Section numbers which are redacted should be identified as follows: Example: Section 3, paragraph B: “Redacted.” The redacted version of the proposal must be carefully edited, altered, and refined by the Offeror in order to protect and maintain complete confidentiality of protected information. Christopher Newport University will not accept responsibility for any public disclosure of proprietary information that is a result of improper redaction by the offeror. No other distribution of the proposal shall be made by the Offeror.

B. 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 the purchasing agency 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 the purchasing agency. 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 placed 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, sub letter, 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 sub letter 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. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State 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, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted.

The written notice must specifically identify the data or 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 or prequalification application, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal.

This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

D. Questions and Addenda: Offerors shall carefully examine this RFP and any addenda. Offerors are responsible for seeking clarifications, in writing, of any ambiguity, conflict, omission, or other errors in this RFP. Questions should be addressed to the Buyer via email. If the answer materially affects the RFP, the information will be incorporated into an addendum and posted on www.eva.virginia.gov. This RFP and any Addenda shall be incorporated, by reference, into any resulting contract. Offeror is responsible for checking the eVA web site or contacting the Issuing Office within 48 hours prior to the proposal closing to secure any Addenda issued as part of this RFP.

a. The deadline for submitting questions under this RFP is 12:00PM EST, March 12, 2024. Oral comments and/or instructions do not form a part of this RFP. All questions MUST be in the form of an email to the contract officer listed on Cover Page.

b. All proposals are due 2:00PM EST, March 28, 2024. And must be delivered on time to the Contract Officer at the address indicated on the Cover Page of this solicitation. Reference clause Identification of Proposal Envelope on page 21 of this solicitation. Proposals submitted via fax, email or other electronic means will not be accepted.

A. SPECIFIC PROPOSAL REQUIREMENTS:

Proposals should be as thorough and detailed as possible so that the University can properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a minimum to complete proposal:

1. Return the RFP cover sheet (page 2), and all addenda acknowledgments, if any, signed and filled out as required.

2. A written narrative statement to include:

a. The Contractor’s implementation plan including any space, telephone, network, and electrical requirements at CNU facilities.

b. The specifications and capabilities of the proposed ATM machines including the denominations of the currency able to be dispensed.

c. Location of local branches

d. Service fees charged for bank or non-bank members

e. Experience in providing the services described herein:

i. How long the company has been in business.

ii. How long the company has provided these services

f. The proposed locations of ATMs on CNU’s campus

g. The Contractor’s plan for handling international banking transactions.

h. The Contractor’s plan for orientation including sample copies of marketing material that may be presented to the students and parents attending.

i. The Contractor’s plan for integration with BankMobile Disbursements.

j. Documentation of being Federally Insured by the FDIC or by equivalent type of insurance.

k. Statement on any non-monetary incentives, corporate sponsorship or scholarship donations.

3. Provide current certification of PCI-DSS Compliance and SOC2 Report equivalent. If a Non-Disclosure

Agreement (NDA) is required to submit the SOC2 report or equivalent with response, please submit the NDA to Danielle Henley at Danielle.henley@cnu.edu prior to the solicitation due date.

4. Proposal Response Form, Attachment A included in the RFP.

5. Conflict of Interest Statement, Attachment B included in the RFP.

6. Vendor Data Sheet, Attachment C included in the RFP.

7. State Corporation Commission Form, Attachment D included in the RFP.

8. Small Business Subcontracting Plan, Attachment E included in the RFP.

9. Proprietary and Confidential Information Form, Attachment F included in the RFP.

10. Contractor Background Certification Form, Attachment G included in the RFP

SCHEDULE OF EVENTS

Event Date RFP Issued February 28, 2024 Optional Pre-Proposal Conference – Virtual March 11, 2024 at 10AM Questions Due Date March 12, 2024 at 12PM Proposals Due Date March 28, 2024 at 2PM Notice of Intent to Award (tentative) May 10, 2024 Final Award Notice 10 Days after Intent to Award

V. EVALUATION AND AWARD CRITERIA

A. EVALUATION CRITERIA: Proposals shall be evaluated by Christopher Newport University using the following criteria:

Functionality of the ATM 25 points Customer Service Plan including locations and service fees 25 points Capabilities and Experience of the provider 20 points Revenue to CNU (Proposal Response Form) 20 points Small Business Subcontracting Plan 10 points Total points possible 100 points

B. AWARD OF CONTRACT: 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

Proposals, including price, if so stated in the Request for Proposals. Negotiations shall 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, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The University may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D).

Should the University determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, 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 the solicitation and the contractor’s proposal as negotiated.

VI. GENERAL TERMS & CONDITIONS

A. PURCHASING MANUAL: This solicitation and any resulting contract is subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions hereto, and the Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia (Subchapter 3 of the Restructured Higher Education Financial and Administrative Operations Act) (hereafter referred to as “Governing Rules”), which are hereby incorporated into this contract in their entirety. The manual may be accessed electronically at https://vascupp.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions. The University and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute by informal mediation (Governing Rules §56). The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids/proposals, bidders/offerors certify to University 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 and §10 of the Governing Rules. If the award is made to 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 the requirements of this section.

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 vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are 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.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the University, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services to the University, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred or otherwise declared ineligible by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred or otherwise declared ineligible.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the University 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 University under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs: Failure to submit a proposal on the official state 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 the solicitation may be cause for rejection of the proposal; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment

30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the University shall notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the University of its prompt payment obligations with respect to those charges which are not in dispute (Governing Rules § 53).

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the University for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The University encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: These General Terms and Conditions and the Commonwealth of Virginia Purchasing

Manual for Institutions of Higher Education and Their Vendors and Governing Rules shall apply in all instances.

In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The University may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the offeror shall furnish to the University all such information and data for this purpose as may be requested. The University reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The University further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the University that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

N. ASSIGNMENT OF CONTRACT: The contractor shall not assign all or any portion of its rights and duties under this contract without the prior written consent of the University.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the University of the adjustment to be sought, and before proceeding to comply with the notice, shall await the University's written decision affirming, modifying, or revoking the prior written notice. If the University decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the University a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the University’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized.

The contractor shall present the University with all vouchers and records of expenses incurred and savings realized. The University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the University within thirty (30) days from the date of receipt of the written order from the University. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the Contractual Dispute provision of Governing Rules § 53. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the University or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the University, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the University may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The University’s excise tax exemption registration number is 10-540701501F-001.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. CONTRACTOR BACKGROUND CERTIFICATION: The Contractor, at its expense, shall conduct background screenings to include a national criminal history background check (NCHBC) on all contracted employees (including subcontractors and temporary workers) assigned to perform services for Christopher Newport University at or in any University facility or location, including any employee provided logical or virtual access to the University systems and data, even remotely. The Contractor bears the responsibility for certifying to the University that background screenings have been completed prior to work being performed by their employees or subcontractors. The Contractor shall only assign employees deemed qualified and permissible based on the results of completed background screenings. To ensure the safety of the University’s students, staff, faculty and general public visitors to the campus, Christopher Newport University reserves the right to approve or disapprove any contracted employee(s) working at any University location should the University discover a criminal background. Disapproval by the University will solely apply to all University locations and should have no bearing on the Contractor’s employment of the employee(s) outside of the University.

The background screening shall include, but not limited to, a review of the individual’s records obtained through Social Security Number Search, Credit Report (if related to potential job duties), state and federal Criminal Database Search (any misdemeanor convictions and/or felony convictions are reported) in all states in which the employee has lived or worked, and the National Sex Offender Registry. The University requests national criminal history background checks to include all criminal conviction history information, and not just the most recent seven years of data. No employee listed on any sex offender registry shall be employed under this contract.

The University reserves the right to audit a contractor’s background screening process at any time. Upon request, the Contractor shall provide verification of background screening completion/clearance information for any employee.

If at any time during the term of the contract, the University discovers an individual has a conviction, the University reserves the right to the immediate removal of the individual from the University’s service and to request a prompt, suitable replacement. This right is non-negotiable. The same holds true for any individual convicted of any criminal convictions while in employment. The Contractor and/or individual is to disclose any criminal conviction(s) that occur while assigned to the University to the contract administrator immediately.

All questions concerning the background screening requirement shall be addressed to the Director of Human Resources Operations at 757-594-7145. The University’s policy can be found on the Office of Human Resources Operations website at https://cnu.edu/public/policies/policy/human-resources-policies/cnu-policy- 5035_criminal_history_background_check_policy.pdf.

Failure to comply with these terms as specified shall result in termination of the contract, unless waived in writing by the University. Signature of this solicitation and/or resulting award confirms the Contractor’s compliance with this requirement.

S. CONTRACTOR CONDUCT: Contractor shall at all times operate in compliance with federal law, the laws and regulations of the Commonwealth of Virginia, and the policies of the University, including those that relate to access and use of the University’s facilities and information technology resources and data.

The University may require, at its sole discretion, the removal and replacement of any individual who the University reasonably believes to have violated any laws or policy of the University.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with Governing Rules § 25.C and 65.2-800 et seq. of the Code of Virginia.

The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate Contractors Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the University will publicly post such notice on the Commonwealth of Virginia’s eVA eProcurement platform (www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

W. NONDISCRIMINATION OF CONTRACTORS: An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth of Virginia. 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 of Virginia shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders/offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original…