RFP for Printing Services WWU2024-001-AR 9.18.pdf

Request for Proposal (RFP) for Printing Services

WWU2024-001-AR

Issue Date:

September 18, 2024

Proposal Response Due:

October 16, 2024, 4:00 p.m. PST

Submit Electronic Proposals to:

Western Washington University Attn: Andrea Rodger, Assistant VP for Finance & Business Services

Purchasing.department@wwu.edu (RFP and Title “WWU2024-001-AR Printing Services” must be referenced in the subject line) https://wwu2-my.sharepoint.com/personal/seatonm2_wwu_edu/Documents/Desktop/Purchasing.department@wwu.edu

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Table of Contents

Section 1: Western Washington University Background Key Stakeholders Business and Financial Affairs Print and Copy Center

Section 2: General Instructions Preparation of Responses Multiple Responses Most Favorable Terms and Clarification of Responses Reserved Rights WIPHE - Other Institutions and Agencies Eligible for Purchase OMWBE Minority and Women’s Business Enterprises Addendums Updating Proposal for Addendums Late Responses Public Opening Contract and General Terms & Conditions Definitions

Section 3: Purpose, Scope of Work, Specifications & Qualifications Purpose Scope of Work Printing Services Overview

Oversize/Large Format Printing Overview Bindery Overview On-Site Management of Print and Copy Center (Optional)

Qualifications Section 4: Schedule of Events & Addendums

Schedule of Events Addendums

Section 5: Company Information Company Overview Client References Cost Proposal Presentation Debriefing of Unsuccessful Respondents

Section 6: Evaluation Criteria Proposal Evaluation Evaluation Criteria

Section 7: Protest Guidelines & Public Records Protest Guidelines Public Records Proprietary Information

Section 8: Terms and Conditions Appendix A - Certifications and Assurances

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Section 1: Western Washington University

Background

One of six state-funded, four-year institutions of higher education in Washington state, Western Washington University operates on a September-to-June academic year (quarter system) with a six-and nine-week summer session and enrolls approximately 15,000 students.

Western Washington University is a residential campus that houses about a third of its students in 15 residence halls. Our 215-acre campus includes the student-funded Wade King Student Recreation Center and the 38-acre Sehome Arboretum, operated jointly with the city of Bellingham. Western also has off-campus facilities at Shannon Point Marine Center in Anacortes and a 15-acre student-University facility at nearby Lake Whatcom. Woodring College of Education and the University's Outreach and Continuing Education and Summer Programs offer classes and certificate and degree programs in Bremerton, Everett, Port Angeles, and Poulsbo.

Key Stakeholders

Business and Financial Affairs

The Business and Financial Affairs division is committed to Western Washington University's mission of making a positive impact in the state and the world with a shared focus on academic excellence and inclusive achievement. Over 330 employees in seven units support Western’s mission and strategic plan by providing a wide range of human, fiscal, and capital services.

Print and Copy Center

The Print and Copy Center located on campus provides printing and specialty services to serve campus needs.

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Section 2: General Instructions

The purpose of this section is to provide respondents with an understanding of the Request for Proposal (RFP) process. This section contains instructions for Respondents to respond to this RFP and describes the various phases of screening, review, evaluation, and selection. It also explains the rights of Western Washington University and Respondents in these procedures.

All communication, responses, questions and answers, and addendums will be handled through the state of Washington’s WEBS site and/or directly from the RFP Event Coordinator (identified below).

Western Washington University (hereafter referred to as “University”) RFP Event Coordinator (hereafter referred to as “Coordinator”) is the sole point of contact at the University for this Sourcing Event/RFP, and all communication around this sourcing event shall happen by this person. Any other communication will be considered unofficial and non-binding on the University. Respondents are to rely on written statements issued by the Coordinator and posted electronically via the WEBS System.

Communication directed to parties other than the Coordinator may result in disqualification of the Respondent.

The University is accepting electronic Proposals only for this RFP. Respondents must submit Proposals to the address below by the due date and time found in Section 4 - Schedule of Events & Addendums.

Submit Electronic Proposals to:

Attn: Andrea Rodger, Assistant VP for Finance & Business Services purchasing.department@wwu.edu (RFP and Title “WWU2024-001-AR Printing Services” must be referenced in the subject line)

Any respondent questions must be submitted directly, via the email address above, to the Sourcing Event Coordinator by October 16, 2024, 4:00 p.m. PST. Respondents must reference the RFP number found on the cover page of this solicitation in the subject line of the email. The University will summarize all questions and provide answers, which will be posted as an addendum on the WEBS site. It is the responsibility of the Respondent to check for any addendums. The University also reserves the right to cancel or reissue the RFP in whole or in part, prior to execution of a contract.

The University does reserve the right to contact a Respondent for clarification of its proposal during the evaluation process. In addition, if the Respondent is selected as the apparent successful Contractor, the University reserves the right to enter into mailto:purchasing.department@wwu.edu mailto:purchasing.department@wwu.edu

Western Washington University Page 3 contract negotiations with the apparent successful respondent, which may include discussion regarding the terms of the proposal. Contract negotiations may result in incorporation of some or the Respondent's entire proposal. The Respondent must be prepared to accept this RFP for incorporation into a contract resulting from this RFP. It is also understood the proposal will become part of the official procurement file.

If additional information is required to make a final decision, Respondents may be contacted asking they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The University reserves the right to request a “best and final offer.”

If contract negotiation is unsuccessful or the highest-ranking Respondent fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the University may terminate negotiations and begin negotiations with the next highest-ranking Respondent.

Preparation of Responses

Major sections of the proposal are to be submitted in the order below. Proposals must provide information in the same order as presented in this document with the same headings and table format.

• Cover Letter

• Proposal o Response to Section 3—Scope of Work, Specifications & Qualifications o Response to Section 4—Schedule of Events & Addendums o Response to Section 5—Company Information o Response to Section 6—Evaluation Criteria

• Appendix A - Certifications and Assurances

Multiple Responses

Respondents who wish to submit more than one Proposal may do so, provided each Proposal stands alone and independently complies with instructions, conditions, and specifications of the RFP. If multiple responses are submitted, the University reserves the right to select the most advantageous Proposal to the University.

Most Favorable Terms and Clarification of Responses

The University reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms the Respondent can propose.

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The University does reserve the right to contact a Respondent for clarification of its proposal during the evaluation process. In addition, if the Respondent is selected as the apparent successful Contractor, the University reserves the right to enter into contract negotiations with the apparent successful respondent, which may include discussion regarding the terms of the proposal. Contract negotiations may result in incorporation of some or the Respondent's entire proposal. The Respondent must be prepared to accept this RFP for incorporation into a contract resulting from this RFP. It is also understood the proposal will become part of the official procurement file.

If additional information is required to make a final decision, Respondents may be contacted asking they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The University reserves the right to request a “best and final offer.”

If contract negotiation is unsuccessful or the highest-ranking Respondent fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the University may terminate negotiations and begin negotiations with the next highest-ranking Respondent.

Reserved Rights

The University reserves the right to:

• Waive any informality

• Reject any or all proposals, or portions thereof

• Accept any portion of the items proposed unless the Respondent stipulates all or nothing in their Proposal

• Cancel an RFP and re-solicit for Proposals

• Negotiate with the lowest responsive Respondent to determine if that Proposal can be improved

WIPHE - Other Institutions and Agencies Eligible for Purchase

Western Washington University (the Lead Institution) are issuing this solicitation pursuant to the Interlocal Cooperative Act, RCW 39.34, and offers the Respondent an opportunity to make any resulting contract available to members of the Washington Institutions of Public Higher Education purchasing cooperative (WIPHE).

Participants in the Washington Institutions of Public Higher Education (WIPHE) Interlocal agreement may establish an institution specific agreement with the Respondent at any time during the term of this Contract. The term of the institution specific agreement may have a term, if mutually agreed upon, which extends beyond the term of the Lead Institution's Contract. In that event all terms and conditions of the Lead Institution’s Contract will inure to the participating institution’s agreement. In addition to the University, other public agencies and political subdivisions within the

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State of Washington, pursuant to the Interlocal Cooperative Act, RCW 39.34 may be interested in utilizing the resulting contract(s).

OMWBE Minority and Women’s Business Enterprises

The following voluntary numerical MWBE participation goals have been established for this RFP:

• Minority Business Enterprises (MBE) 10%

• Woman’s Business Enterprises (WBE) 10%

These goals are voluntary, but achievement of the goals is encouraged. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of Quotes/Proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award or completion of the contract work, and Quotes and Proposals will not be rejected or considered non-responsive if they do not include MWBE participation. Respondents may contact OMWBE at (360) 753-9693 to obtain information on certified firms for potential subcontracting arrangements.

Addendums

Addendums will be posted in the WEBS System and all respondents will be notified of the Addendum via the email respondent used to register within it.

Updating Proposal for Addendums

Addendums will be posted in the WEBS site and all respondents will be notified of the Addendum via the email respondent used to register in the WEBS system.

Instructions for updating the proposal if amendment is required: First “retract proposal” and then make any additional requested changes and resubmit your proposal.

Late Responses

Responses received after closing date and time will not be accepted.

Public Opening

A formal proposal opening will not be held. Proposal information, including price sheets, will not be available for public disclosure until after contract award.

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Contract and General Terms & Conditions

The successful Respondent may be expected to enter a contract covering the term of the agreement. It is preferred that a Respondent uses the University’s contract.

Definitions

• University, WWU—Western Washington University

• Respondent—Individual, Vendor, Firm, Proposer responding to the RFP

• Proposal—RFP Event Proposal, which can include Quotes or Proposals for Goods and

Services

• Sourcing Event—Individual event being outlined in the Request for Proposal / RFP

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Section 3: Purpose, Scope of Work, Specifications & Qualifications

Purpose

The University is seeking proposals from experienced and qualified printing companies to provide printing services to campus.

Scope of Work

Printing Services Overview

Approved vendor will be required to work directly with the Print and Copy liaison for the University and all associated departments, faculty, and students.

The liaison will be responsible for all work requests submitted and providing specific direction when necessary.

All projects must be routed through Print and Copy Services. Any work solicited outside of this process shall not be accepted.

All requirements associated with University graphics and branding standards must be followed on all projects. Print & Copy Services will be responsible for providing accurate print files and proofing.

Proofs for all projects will be required, unless otherwise specified.

Benefits that must be demonstrated within your proposal

• Competitive Pricing

• Branding

• Confidentiality

• Quality Control

• Sustainability

• Dependability

• Convenience

• Quick Turnaround

• Excellent Customer Service

Every project submitted, whether simple or complex, large or small, must be executed with the same standards and pricing.

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Provide professional quality printing in full color or black only. Scope, but not limited to:

• Business Cards

• Postcards

• Brochures

• Flyers

• Posters

• Letterhead

• Envelopes

• Booklets

• Tests

• Class Syllabus

• Thesis

• Sandwich Boards

• Banners

• Variable Printing

Oversize/Large Format Printing Overview

Ability to meet a variety of job requirements for oversized printing that exceeds expectations for color quality and consistency.

Ability to print on a variety of sizes and media: heavyweight matte and glossy paper, vinyl, PhotoTek (window cling), canvas, polyester, etc.

Ability to maintain and match color and quality consistently across all media.

Bindery Overview

Ability to provide a wide range of bindery options and ability to maintain quality and consistent results. Scope, but not limited to:

• Booklet Making

• Stapling

• Coil Bindery

• Cutting

• Scoring

• Folding

• Perforating

• Lamination

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On-Site Management of Print and Copy Center (Optional)

On-site management of the Print and Copy Center can offer significant benefits, including improved service quality, better operational efficiency, and enhanced customer satisfaction.

If Respondent is interested in including this option in your proposal, please provide detailed cost and revenue share information for this service.

Qualifications

Respondent must, at the time of Proposal opening, be an established business firm licensed to do business in the State of Washington, with all necessary licenses, bonding, facilities, equipment, and trained personnel necessary to perform the work as specified in this Sourcing Event. URL: https://www.dol.wa.gov/business/

All Respondents shall demonstrate:

• Provide references to attest to the quality and timeliness of similar work completed (the quality and applicability of Respondent references will be used as a factor for Respondent selection).

• Understand and subscribe to the prevailing wage requirements (when required).

https://www.dol.wa.gov/business/

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Section 4: Schedule of Events & Addendums

Schedule of Events

Request for Proposal Posting Date September 18, 2024

Questions to be Submitted September 30, 2024 4:00 p.m. PST

Answers to Questions posted to WEBS October 9, 2024

Proposal Response Due Date / Time October 16, 2024, 4:00 p.m. PST

Shortlist-Respondent Presentations October 23, 2024

Finalist Selection & Negotiations Begin October 28, 2024

Contract Development November 4, 2024

Contract Start December 1, 2024

*The University reserves the right to revise this schedule

Addendums

Addendums will be posted in the State of Washington’s WEBS System and all respondents will be notified of the Addendum via the email Respondent used to register to WEBS. In the event it becomes necessary to revise any part of this Sourcing Event, Addendums will be posted in WEBS Washington's Electronic Business Solution. URL: https://pr-webs-vendor.des.wa.gov/ mailto:accounts.payable@wwu.edu

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Section 5: Company Information

Company Overview

Describe your company, its history, corporate structure, and chain of ownership to ultimate parent corporation, and all subsidiaries.

Client References

Provide a list of current of recent local client accounts and dollar volume of each account.

Include contact name and phone number, and length of service for each account. Include a description of how your company meets the following experience criteria:

Cost Proposal

The evaluation process is designed to award the University contract not necessarily to the Respondent of least cost, but rather to the Respondent whose proposal best meets the requirements set forth in this RFP. However, Respondents are encouraged to submit proposals which are consistent with state government efforts to conserve state resources.

Please provide billing chart for services described in the scope of work in this RFP and any additional services that you think maybe of interest.

Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprise.

Indicate the fee level for a three-year period.

Presentation

After evaluation of the Proposals, finalist(s) may be asked to make oral presentations and/or conduct an interview. The Sourcing Event award will be made to the Respondent who best meets the University’s overall requirements and criteria.

Debriefing of Unsuccessful Respondents

Upon request, a debriefing conference will be scheduled with an unsuccessful Respondent.

Discussion will be limited to a critique of the requesting Respondent’s Proposal. Comparisons between Proposals or evaluations of the other Proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone.

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Section 6: Evaluation Criteria

Proposal Evaluation

Responsive Proposals will be evaluated strictly in accordance with the requirements stated in the Sourcing Event and any Addendums issued. The evaluation of Proposals shall be accomplished by an evaluation which will determine the ranking of the Proposals.

The final selection depends upon both the evaluation criteria and the cost of the Proposal. The process is designed to award this procurement not necessarily to the Respondent of least cost, but rather to the Proposal which best meets the requirements of this Sourcing Event.

Evaluation Criteria

Evaluation and selection of a firm will be based on the information submitted in the Proposals plus any required oral presentations or demonstrations. Award criteria shall include all factors identified in RCW 43.19.1911 and the requirements provided in the “Proposal Scoring” section.

No OMWBE preference will be included in the evaluation of Proposals, no minimum level of OMWBE participation shall be required as a condition for receiving an award and Proposals will not be rejected or considered non-responsive on that basis.

Responsive proposals will be evaluated in accordance with the requirements stated in this solicitation and any addenda issued. An evaluation team, designated by the University, will review the proposals and make recommendations to the University administration.

The sections of the proposal that respond to the financial, technical and any management requirements including company information and project, or timeline plans will be evaluated.

Deviations will be defined as material, which means that a proposal will be disqualified in its entirety, or immaterial, which means the deviation may, at our option, be accepted. The University reserves the right to waive minor deficiencies in a proposal. The decision as to whether a deficiency will be waived or will require rejection of a proposal will be solely within the discretion of the University.

Evaluation and selection of a vendor will be based on the information submitted in the proposals plus any required oral presentations or demonstrations.

The evaluation criteria are based upon the state requirement that consultant/personal services expenses be competitively procured and recognize the needs of the University. Each Proposal will be evaluated and rated by University personnel and the Board of Trustees.

The following criteria will be used to rate each Respondent:

• Technical Proposal

• Licensed to Practice in the State of Washington

• Cost Proposal

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• How the respondent proposal complies with and addresses the Request for Proposal general, qualification and service specifications.

• How the respondent’s presentation complies with and addresses the Request for Proposal’s general, qualification and service specifications.

Technical Proposal (45%)

Demonstrated experience of individuals assigned to the project Demonstrated experience of Respondents in education Response to Proposal Scope

Financial (45%) Cost Proposal - Hourly rate of services and breakdown of skills and positions Cost Proposal - Additional costs not covered in hourly breakdown

Company Information / Compliance (10%)

Evaluation of Technical/Functional Requirements

The sections of the Proposal that respond to the functional, technical and any management requirements including company information and project, or timeline plans will be evaluated.

Deviations will be defined as material, which means that a Proposal will be disqualified in its entirety, or immaterial, which means the deviation may, at our option, be accepted. The University reserves the right to waive minor deficiencies in a Proposal. The decision as to whether a deficiency will be waived or will require rejection of a Proposal will be solely within the discretion of the University.

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Section 7: Protest Guidelines & Public Records

Protest Guidelines

This procedure is available to Respondents who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Respondent is allowed three (3) business days to file a protest of the acquisition with the Sourcing Event Coordinator. Protests may be submitted by facsimile but should be followed by the original document.

Respondents protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Respondents under this procurement.

All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the Sourcing Event Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the Western

• Washington University Sourcing Event Evaluator; Errors in computing the score

• Non-compliance with procedures described in the Sourcing Event or University policy

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as (1) an evaluator’s professional judgment on the quality of a Proposal, or (2) University’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, the University will hold a protest review. The Director of Purchasing, Contracts and Support Services, or their delegate, an employee who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another respondent that submitted a proposal, such respondent will be given an opportunity to submit its views and any relevant information on the protest to the Sourcing Event Coordinator.

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Final determination of the protest shall:

• Find the protest lacking in merit and uphold the University’s action; or

• Find only technical or harmless errors in the University’s acquisition process and determine the University to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the University options which may include:

o Correct the errors and re-evaluate all Proposals, and/or o Reissue the Sourcing Event and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If the University determines that the protest is without merit, the University will enter into a contract with the apparent successful Respondent. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

Public Records

Proprietary Information

Materials submitted in response to this competitive procurement shall be deemed public records as defined in Chapter 42.56 RCW. Any information in the Proposal that the Respondent desires to claim as proprietary and exempt from disclosure under the provisions of Chapter

42.56 RCW must be clearly designated. The page must be identified and the particular exception from disclosure upon which the Respondent is making the claim. Each page claimed to be exempt from disclosure must be clearly identified by the word “Confidential” printed on the lower right-hand corner of the page.

The University will consider a Respondent's request for exemption from disclosure; however, the University will make a decision predicated upon Chapter 42.56 RCW and Chapter 516-09 of the Washington Administrative Code. Marking the entire Proposal exempt from disclosure will not be honored. The Respondent must be reasonable in designating information as confidential. If any information is marked as proprietary in the Proposal, such information will not be made available until the affected Respondent has been given an opportunity to seek a court injunction against the requested disclosure.

All requests for information should be directed to the University Public Records Officer:

https://publicrecords.wwu.edu/ https://publicrecords.wwu.edu/

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Section 8: Terms and Conditions

The contract resulting from this event is subject to the University terms and conditions, provided below, and includes, but is not limited to, published rules, regulations and the laws of the State of Washington, which are hereby incorporated by reference.

Billing Procedures

Invoices will not be processed for payment, nor will the period of discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Vendor has been completed. If an adjustment in payment is necessary due to damage or dispute, the discount period shall commence on the date final approval for payment is authorized. Under “Chapter 39.76 RCW,” if University fails to make timely payment(s), Vendor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Vendor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Vendor.

Financial Terms and Conditions

All invoices and credits shall reference the purchase order number(s) and are assigned to specific funds as stipulated by the University. Failure to provide invoices will result in non-payment.

Invoices shall be sent directly to the University per the terms of the Agreement. A separate invoice shall be processed for each order made and any credits associated with a particular order should reference the original invoice number. The successful Vendor is encouraged to jointly develop automated or electronic invoice systems as a way to increase efficiencies and reduce costs.

Proposers should indicate incentives for prompt payment using a credit card or ACH.

Review of Successful Vendor’s Financial Records

The University may periodically review the successful Proposers’ financial records pertaining to the University. This information shall be treated in a highly confidential matter and may not be published, disclosed, or otherwise communicated to individuals other than those identified above without the Successful Proposer’s written consent.

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Pricing and Price Increases

All prices reflected in the Successful Vendor’s proposal will remain the same during the initial year of the Agreement. Price increases for additional years may be negotiated. Any price changes must be mutually agreed upon in writing by both parties. Increases shall not exceed the Western States annual CPI with the maximum yearly increase allowable of 3%.

Fiscal Year

The University’s fiscal year is July 1 – June 30. The University’s fiscal year is preferred for all client operating statements and related reports.

Taxes

Unless otherwise indicated, the University agrees to pay all State of Washington sales or use tax. No charge by Vendor shall be made for federal excise taxes, and University agrees to furnish Vendor, upon acceptance of articles supplied under this order, with an exemption certificate.

Liens, Claims, and Encumbrances

Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind.

Risk of Loss

Regardless of FOB point, Vendor agrees to bear all risks of loss, injury or disruption of services herein which occur prior to acceptance by the University.

Shipping Instructions

Unless otherwise specified, all goods are to be shipped prepaid, FOB Destination. Where shipping addresses indicate room numbers, it will be up to the Vendor to make delivery to that location at no additional charge. Where specific authorization is granted to ship goods FOB Shipping Point, Vendor agrees to prepay all shipping charges, route cheapest common carrier, and to bill Purchaser as a separate item on the invoice for said charges, if routing instructions are not included on Purchase Order. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that University reserves the right to refuse COD Shipments.

Inspection and Rejection

The University’s inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final acceptance, or as acceptance of the materials or equipment if materials or equipment does not conform to contractual requirements. If there are any apparent defects in the materials or equipment at the time of

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Repair or replace, at Vendor’s expense, any or all of the damaged goods, or refund the price of any or all of the damaged goods or accept the return of any or all of the damaged goods.

Handling

No charges will be allowed for handling which includes, but is not limited to, packing, wrapping, bags, containers or reels, unless otherwise stated herein.

Billing Procedure

The University will pay the Vendor within 30 days of receipt of properly completed invoices or acceptance of deliverables, whichever is later. Invoices shall be submitted to the University’s Accounts Payable department at the address below:

Business Services

P.O. Box 218,Bellingham, WA 98227 Accounts.Payable@wwu.edu

WRITTEN DOCUMENTS AFFECTING THIS CONTRACT SHALL BE IDENTIFIED BY THE APPLICABLE

PURCHASE ORDER OR CONTRACT NUMBER.

Changes

No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of this order will be effective without written consent of the University.

Installation

For any exception to the delivery/installation date as specified on this order, Vendor shall give prior notification and obtain written approval thereto from the University. With respect to delivery/installation under this order, time is of the essence and the order is subject to termination for failure to deliver/install on time. The acceptance by the University of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Vendor.

Acceptance

This order expressly limits acceptance to the terms and conditions stated herein. All additional or different terms proposed by Vendor are objected to and are hereby rejected, unless otherwise provided in writing by the University.

https://wwu2-my.sharepoint.com/personal/seatonm2_wwu_edu/Documents/Desktop/Accounts.Payable@wwu.edu

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Identification

All invoices, instruction manuals, correspondence, shipping notices, shipping containers, and other written documents affecting this contract shall be identified by the applicable purchase order or contract number, packing lists shall be enclosed with each shipment indicating the contents therein.

Warranties

Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except if stated in a Special Condition, the material must then fit that particular purpose.

Independent Contractor

The University shall view the legal position of the Contractor as Independent Contractor, and that all persons employed to furnish services hereunder are employees of the Contractor and not of the University. Further, the University shall not be liable for any of the Contractor's acts or omissions performed under this or any other Agreement to which the Contractor is a Party, and the Contractor assumes all legal liability resulting from the performance of its obligations under this Agreement.

If any Contractor employee who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation (ref WAC 415- 02-320), Contractor shall notify the University.

The Contractor is responsible for ensuring compliance with any requirements in 42.52.080 RCW Employment after public service.

Indemnification and Hold Harmless

To the fullest extent permitted by law, Vendor shall indemnify, defend and hold harmless University and all its officials, agents, employees and volunteers from and against all claims arising out of or resulting from the performance of the contract, “Claim” as used in this Agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Vendor’s obligation to indemnify, defend, and hold harmless includes any claim by Vendor’s agents, employees, representatives, or any subcontractor or its employees.

Vendor expressly agrees to indemnify, defend, and hold harmless University for any claim arising out of or incident to Vendor’s performance or failure to perform the contract. Vendor’s obligation to indemnify, defend, and hold harmless University only to the extent claim is caused in whole or in part by negligent acts or omissions of Vendor.

The terms of this provision shall survive the termination of the Contract.

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Termination

In the event of a breach by Vendor of any of the provisions of this contract, University reserves the right to cancel and terminate this contract forthwith upon giving oral or written notice to Vendor. Vendor shall be liable for damages suffered by the University resulting from Vendor’s breach of contract.

Prevailing Wage

The State of Washington is a prevailing wage state. When applicable, vendors are required to pay prevailing wage to workers based on classification of labor performed. See http://www.lni.wa.gov/TradesLicensing/PrevWage/ for prevailing wage information. Vendors are required to comply with RCW 39.12. Initial payment for any services received by the University as a result of this purchase order, will not be made until the University receives an approved Intent form; final payment will not be made until the University receives an approved Affidavit. Prevailing wage rates may change annually. Vendor is responsible for ensuring that the rates Vendor is paying are updated each year.

Insurance

The Vendor shall maintain in full force and effect a business insurance program, including, but not limited to, commercial general liability (CGL) insurance, auto liability insurance, worker’s compensation insurance, and, if necessary, professional liability (E&O) insurance, which insures the Vendor’s obligations at a minimum. Upon request from the University, the Vendor shall submit a Certificate of Insurance evidencing such insurance specified herein.

Loss of Funding

In the event that funding necessary to the University’s performance under this Agreement is withdrawn, reduced or limited in any way after the effective date and prior to its normal completion, due to the University’s budgetary constraints or the elimination of one or more of the University’s programs, the University may summarily terminate this Agreement as to the funds withdrawn, reduced or limited or the elimination of a program notwithstanding any other termination provisions of this Agreement. If the level of funding is withdrawn, reduced or limited or the elimination of a program is so great that the University deems that the continuation of the performance of obligations is no longer in the best interest of the University, the University may summarily terminate this Agreement in whole notwithstanding any other termination provision of the Agreement. Termination under this Section shall be effective upon receipt of written notice thereof.

Equal Opportunity/Nondiscrimination

Discrimination on the basis of race, color, religion, national origin, sex, age, veteran status, and disability is prohibited by federal statute. In addition, Washington State law prohibits discrimination based on marital status, immigration and citizenship status, creed, sexual orientation, gender identity and expression, and the use of a trained guide dog or service

Western Washington University Page 21 animal by a disabled person. University policy likewise prohibits discrimination based on these protected characteristics. The University is committed to providing equal employment opportunity and prohibiting illegal discrimination in the recruitment and admission of students, the employment of faculty and staff and the operation of University programs, activities and services.

The Vendor agrees not to discriminate against any client, employee, or applicant for employment or services in the performance of this contract on the basis of race, color, religion, creed, national origin, sex, gender identity or expression, age, sexual orientation, veteran status, marital status, disability and the use of a trained guide dog or service animal by an individual with a disability.

Violation

Any Vendor who is in violation of this equal opportunity and nondiscrimination clause shall be barred from receiving awards of any contract or purchase order from the University unless a satisfactory showing is made that discrimination practices have terminated and that a recurrence of such acts is unlikely. Any violation of this provision shall be considered a material violation of this Agreement and shall be grounds for cancellation or suspension, in whole or in part, of this Agreement by the University.

Affirmative Action

The University develops and implements an effective and defensible affirmative action compliance program for the following affected groups: American Indians and Alaska Natives, Asians, Native Hawaiian and Other Pacific Islanders, Blacks and African Americans, Hispanics and Latinx, women, individuals with disabilities, and protected veterans. Any Party who also contracts with the federal government will comply with the affirmative action requirement as mandated by the Office of Federal Contract Compliance Programs.

Americans with Disabilities Act (ADA)

The University and Vendor must comply with the ADA (and implementing regulations), which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

Minority and Women’s Business Enterprises

In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all of its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis or as a subcontractor to the Vendor.

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However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference shall be included in evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and bids/proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply.

Sexual Harassment

University policy prohibits sexual harassment. Sexual harassment is a form of sex discrimination prohibited by federal and state laws. When the University becomes aware of allegations of sexual harassment, it must investigate those allegations, stop the harassment if it is found to exist, and take measures to ensure a working and learning environment that is free of sexual harassment.

Acts of sexual harassment by Vendor’s personnel or agents may result in actions by the University to remove the Vendor from the qualified bidders list, suspend the contract until such time as acts are remedied, or to terminate the contract.

Anti-Trust

Vendor and University recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by University. Therefore, Vendor hereby assigns to University any and all claims for such overcharges.

Default

The Vendor covenants and agrees that in the event suit is instituted by the buyer for any default on the part of the Vendor, and the Vendor is judged by a court of competent jurisdiction to be in default, Vendor shall pay to the University all costs, expenses expended or incurred by the University in connection therewith and reasonable attorney’s fees.

Force Majeure

The obligations of the Parties shall be suspended and excused if the performance of either is prevented or delayed by acts of nature, earthquakes, fire, flood, or the elements, pandemic, epidemic or similar communicable disease outbreak, malicious mischief, insurrection, riots, strikes, lockouts, boycotts, picketing, labor disturbances, war, compliance with any directive, order or regulation of any governmental authority or representative thereof made under claim or color of authority; loss or shortage of any part of the Vendor's own or customary transportation or delivery facilities, or for any reason beyond the control of the Vendor or University whether or not similar to the foregoing.

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Publicity & Using the University’s Name, Logo, or Other Identifying Marks

Vendor shall not advertise or publish information concerning this bid any form or media without prior written consent from the University.

Confidential Information

The bidder acknowledges that all information obtained during the term of this Agreement remains confidential in nature and shall not be disclosed or transferred without the prior written approval of the University.

Public Records Act

Notwithstanding anything to the contrary, both Parties acknowledge that the University is a Washington State entity and disclosure of its records is subject to the state's Public Records Act under 42.56 RCW.

Prohibition Against Assignment

Neither this Agreement nor any interest therein may be assigned by either party without first obtaining the written consent of the other party.

Governing Law

This contract shall be governed in all respects by the law and statutes of the State of Washington. The venue for any action hereunder shall be in the Superior Court for Whatcom County, Washington.

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Appendix A - Certifications and Assurances

The Respondent has carefully examined all instructions and specifications and hereby makes the following certifications and assurances and proposes to furnish the goods and services described herein, in accordance with the Sourcing Event instructions and specifications, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s), and attests to the following by initialing in the response box below:

Requirements Initials

1. Response to this Sourcing Event has been prepared independently, without consultation, communication or agreement with others for the purpose of restricting competition.

2. In preparing this Quote or Proposal, Respondent has not been assisted by any current or former employee of the \ University or the state of Washington whose duties relate to this proposal and who was assisting in other than his or her official capacity. Neither does such a person or any member of his or her immediate family have any financial interest in the outcome of this Sourcing Event.

3. Respondent submission constitutes acceptance of the Sourcing Event contents and attachments. If there are any exceptions to these terms, Respondent has described those exceptions in detail on a page attached to this Sourcing Event.

4. Respondent's Proposal is a firm offer for a period of one hundred and eighty (180) days following receipt and may be accepted by the University without further negotiation at any time within that period.

5. Respondent under consideration may be asked to provide current, audited financial statements or the equivalent to include at a minimum:

an income statement; statement of cash flows; and a balance sheet. This information is subject to disclosure if it is deemed to be a determining factor in the award decision. Respondent agrees to provide this information upon request by the University.

6. Respondent understands that the University will not reimburse me/us for any costs incurred in the preparation of this Proposal. All Proposals become the property of the University, and Respondent claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

7. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Respondent or to any competitor.

8. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

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Requirements Initials

9. Respondent grants the University the right to contact references and others, who may have pertinent information regarding the Respondent’s prior experience and ability to perform the services contemplated in this procurement.

Name and Title of Signing Officer (print)

Company Name

Address

City, State, Zip

Signature E-mail Date

Qualifications