RFP UU198692437.docx

Request for Proposal For Gel Floor Tile Replacement

RFP # UU198692437

Issued March 12, 2025

University of Utah Contact:

Ryan Harvey, Buyer University of Utah Purchasing Dept.

201 S. Presidents Circle Rm.159 Salt Lake City, UT 84112 Tel. (801) 581-5693 E-Mail: rharvey@purchasing.utah.edu

Questions regarding this RFP should be submitted through BidNet Direct (formerly BidSync):

http://www.bidnetdirect.com/utah/universityofutah Solicitation #: UU198692437 In the Question and Answer section

Version: 11.18.2024

TABLE OF CONTENTS

SECTION 1 - PURPOSE OF RFP

SECTION 2 – RFP DETAILS

SECTION 3 – SCOPE OF WORK

3.01 Detailed Scope of Work

SECTION 4 - PROPOSAL REQUIREMENTS

4.01 – Mandatory Requirements

4.02 – Evaluated Criteria

SECTION 5 – PROPOSAL RESPONSE FORMAT

SECTION 6 – PROPOSAL EVALUATION

SECTION 7 – GENERAL PROVISIONS

ATTACHMENTS

Appendix B, University of Utah Terms & Conditions of Purchase Attachment A – Cost Proposal Form Attachment B – CAD file Attachment C – Vector file Attachment D – Image files

Instructions: Vendors must respond to all sections of this RFP, including sections 1 through 7. When a section does not request specific information and you agree to what it contains, you may use language such as “Sections 1.01 through 1.05, Understood and Agreed” in your response. State of Utah Procurement Code requires pricing be submitted separately from the technical proposal. Refer to Section 5 for instructions on how to organize your response.

SECTION 1 – PURPOSE OF RFP

1.01 Purpose of RFP. The purpose of this Request for Proposals (RFP) is to solicit proposals to enter into a contract with a qualified vendor to fabricate customized specialty flooring to replace an existing installation in the Great Sale Lake Gallery for the Natural History Museum of Utah of the University of Utah, hereafter referred to as the "University." The companies submitting proposals in response to this RFP will hereafter be referred to as “Vendor.” The University is examining several alternatives for the fabrication of customized, specialty flooring and may decide, after reviewing proposals submitted, not to enter into any agreement.

1.02 Background. In November 2011, the Natural History Museum of Utah opened a state‐of‐the‐art facility in Salt Lake City featuring ten permanent galleries filled with award-winning exhibits, digital and mechanical interactives, and media pieces beloved by 250,000+ annual visitors. The Museum is replacing an existing gel floor exhibit in the Great Salt Lake Gallery that was damaged over the past 13 years. The customized gel floor is a specialty floor product that requires custom fabrication.

1.03 Definitions.

1.03.1 This specialty flooring is to be obtained for the Natural History Museum of Utah of the University of Utah, hereafter to be referred to as the “University.”

1.03.2 The companies submitting proposals in response to this RFP will hereafter be referred to as “Vendor.”

1.03.3 PaymentWorks is a tool the University of Utah uses to ensure vendor onboarding is an orderly, secured, and trackable process. Each newly awarded vendor will be sent an invitation from PaymentWorks in conjunction with the University to a secure PaymentWorks site to enter their account information. More information can be found at https://www.paymentworks.com/.

1.03.4 SUA (single use account) is a virtual payment solution that is processed like a credit card, streamlining the payment process for both buyers and suppliers and is the University of Utah’s preferred payment method. Each payment is given a unique 16-digit account number, which is assigned a credit limit equal to that payment amount. This account number is active for only a defined timeframe and is electronically matched to pre-purchase information. SUA is a virtual card payment just like a credit card. The vendor will receive a 16-digit number which you process like a standard credit card transaction. The acceptance of SUA accelerates payments compared to current payment methods, simplifies the process, eliminates cost of processing checks, and there is no need to store account numbers or other payment information.

SECTION 2 – RFP DETAILS

2.01 Issuing office and RFP Reference Number. The Purchasing Department of the University of Utah (“Purchasing Department”) is the issuing office for this RFP and all subsequent addenda relating to it. The reference number for the transaction is UU198692437. This number must be referenced on all proposals, correspondence, and documentation relating to the RFP.

2.03 Pre-Proposal Conference.

Optional Virtual Pre-Proposal Conference. A pre-proposal conference will be held on March 17, 2025 at 2:00pm MDT via Zoom. All Vendors responding to this RFP are requested to have at least one representative of their organization in attendance. Please send RSVP to Ryan Harvey at rharvey@purchasing.utah.edu

2.04 Inquiries. Questions arising subsequent to the issuance of this RFP that could have a significant impact on the responses to the RFP, should be submitted in the RFP Question and Answer Section, Solicitation # UU198692437 in BidNet Direct. All such questions should be received by the Questions Due Date listed in Section 2.02. Answers to questions will be posted on the BidNet Direct site. Bidders who select ‘Notify me about this Bid’ or ‘Download Bid Packet’ will receive email notification of any addenda, changes, or updates to the bid.

Proposals submitted electronically through BidNet Direct may require uploading of electronic attachments. The BidNet Direct site will accept a wide variety of document types as Word, Excel, and PDF attachments but not all. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, etc. Such actions may cause your proposal(s) to be deemed as “non-responsive”. All cost documents must be attached as separate files.

When submitting an offer electronically through BidNet Direct, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the offer. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will not be received by the system. It is recommended the submission process be completed the day prior to the due date, with the knowledge any changes/updates will be accepted through the due date and time.

BidNet Direct customer support may be contacted at (800) 835-4603 or support@bidnet.com for guidance on the BidNet Direct site.

Vendors are responsible for ensuring their BidNet Direct registration information is current and correct. The University and stakeholders shall not be responsible for missing or incorrect information contained in the vendor registration in the BidNet Direct site. Incorrect or missing vendor registration information may result in failure to receive notification from BidNet Direct regarding this procurement.

Proposals received after the due date and time will be late and ineligible for consideration. Following the deadline, the names of those responding to the RFP will be made public.

2.06 Time for Evaluation. All proposals shall remain valid for a minimum of 120 calendar days after the Proposal Due Date to allow adequate time for evaluation.

2.07 Multiple Stage Process. The University reserves the right to conduct the RFP in a multiple stage process and narrow the number of Vendors that will move on to subsequent stages.

2.08 Oral Presentation. The University may award a contract based on initial proposals received without discussion of such proposals with Vendors. However, the University may require oral presentations to supplement their written proposal. These presentations may be scheduled, if required, by the Purchasing Department after proposals are received and prior to the award of the Contract.

Based on preliminary total score, the evaluation committee may invite up to top three (3) of the highest scoring proposals. Any proposal not invited to oral presentations will not receive further consideration for award of a contract.

After the oral presentations and/or product demonstrations are complete, the committee shall be allowed to re-score the technical criteria as needed to reflect the information provided in the presentations or demonstrations. The University reserves the right to reschedule or cancel oral presentations at any time at no cost to the University.

2.09 Best and Final Offer. Best and Final Offer (BAFO) may be requested as part of this process from responsive and responsible proposals received.

2.10 Award of the Contract.

Upon completion of the evaluation process, the University may award the contract (“Contract”) to the highest scoring responsive and responsible supplier.

Upon successful completion and award of this RFP as described above, the University will post notice of an “intent to award” which shall be based upon completion of a mutually agreed upon contract.

The Purchasing Department is the only entity authorized to award a Contract for the proposed purchases.

2.12 Costs and Fees. ((Reference Attachment (X) if costs need to be broken out and defined)) Cost must be firm and considered as “all-inclusive” for the first or full term of the contract.

2.13 New Technology. The awarded contract(s) may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded: (i) systems; (ii) apparatuses; (iii) modules; (iv) components; and (v) other supplementary items. Further, a maintenance or service agreement associated with the procurement item under the resulting contract(s) may be modified to include any new technology or technological upgrades. Any contract modification incorporating new technology or technological upgrades will be specific to the procurement item being solicited and substantially within the scope of the original procurement or contract.

SECTION 3 – SCOPE OF WORK

3.01 The Natural History Museum of Utah is seeking a vendor to fabricate a replacement of an existing gel floor installation in the Great Salt Lake Gallery. The current gel floor tiles are customized through contour cuts, gel color, and printed graphics inside the tiles.

NHMU seeks proposals that replaces the current tiles or provides an alternative that will be evaluated by NHMU as a suitable replacement. The vendor is responsible for confirmation of production files, ensuring that all replacement tiles will fit in the existing footprint. This is critical since the existing gel floor installation is surrounded by terrazzo and cannot be altered.

In addition to fitting confirmation, the vendor must supply tile samples to show matching gel color and a suitable approach, if not the same approach, to deal with graphics. The vendor must provide an industry standard warranty on the gel floor tiles.

1. Provide NHMU with a template of existing floor to verify production files for sizing and fitting.

2. Provide NHMU with a schedule of production that ensures successful completion of the project by June 20th, 2025

3. Provide NHMU with tile samples to confirm production quality, gel color, and integration of graphics after award.

4. Provide an industry standard warranty (at least two years) for gel floor tiles

5. Submit to NHMU any new production files in proposal for evaluation.

Total Budget: $50,000 USD

Additional services can be added within the nature and intent of the scope of work, if cost determined to be fair and reasonable, by amendment, signed by both parties.

SECTION 4 – PROPOSAL REQUIREMENTS

4.01 Mandatory Requirements.

4.01.1 By responding to this solicitation, Vendors are certifying that neither they nor their principals are presently debarred, suspended, proposed for debarment or ineligible for contracting by a governmental entity. Vendor is also agreeing to notify the University within 30 days if suspended, debarred, or declared ineligible for contracting with a government entity. Additionally, Registration in SAM.GOV is required when federal funding sources are being used for payment of services. Vendors must provide a copy of your active registration, including unique entity ID, confirming you have no exclusions. https://sam.gov/content/home

4.01.2 Vendor confirms their ability to meet client sign off by June 20, 2025 with PO issued by middle of May 2025. Yes _ No__

Evaluated Criteria

4.02 Evaluated Criteria. Departments should list criteria that will allow a proposer to highlight their ability to meet the scope of work.

a) This can include technical language, renderings, design documents, material descriptions, live (editable) files, etc.

4.02.2 Project Management and Schedule – 15 points possible

a) Provide schedule overview to demonstrate ability to meet June 30th 2025 deadline.

b) To include the following deliverable dates for product delivery and work to be completed: kick-off meetings, production finalization, delivery of production samples, production kick-off, and final delivery of product.

4.02.3 Demonstrated Prior Experience – 15 points possible

a) Provide a list (at least two) of related past projects and any associated images as part of the proposal.

1. Specifically include any projects that have been placed in high-traffic areas and its ability to handle the wear.

SECTION 5 – PROPOSAL RESPONSE FORMAT

(For Cost Proposal submission see section 5.03)

5.01 Administrative Guidance. The information provided herein is intended to assist Vendors in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide interested Vendors with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or to exclude any relevant or essential data therefrom. Vendors are at liberty and are encouraged to expand upon the specifications to give additional evidence of their ability to provide the services requested in this RFP.

5.02 Technical Proposal Response Format. Proposals should be concise and in outline format. Pertinent supplemental information should be referenced and included as attachments. All proposals should be organized to comply with the following sections:

DETAILED RESPONSE. This section should constitute the major portion of the proposal and must contain a specific response in outline form to each section in this RFP. Outline numbers should correspond, in order, to the section numbers contained in this RFP. Specific emphasis should be placed on responding to the information requested in Sections 3 and 4 but all sections and items should be fully addressed. Narrative regarding options or alternatives with complete details including how those meet or exceed the RFP requirements should be included in the relevant section. Failure to provide written response to items indicated in this RFP will be interpreted by the University as an inability by the Vendor to provide the requested product, service or function and may be deemed as “Non-responsive”.

ADDITIONAL INFORMATION: Miscellaneous additional information and attachments, if any may be submitted by the Vendor.

5.03 Cost Proposal Response Format. Pricing information MAY NOT be included in the technical portion of your proposal. Vendors must submit a separate cost proposal allowing costs to be evaluated independently of other criteria in the proposal. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being deemed as “non-responsive.”

The cost proposal must be attached as a separate document and identified as “Cost Proposal” with your company name in BidNet Direct if your submission is electronic.

Cost Submission: Refer to Section 4.02.4

SECTION 6 – PROPOSAL EVALUATION

6.01 Proposal Evaluation Criteria. The criteria to be used to evaluate proposals, listed with their relative weight in points, are as follows:

A. Responsive / Non-responsive- Vendors who are deemed as “Responsive” to this request shall advance to further scoring as listed below. Vendors who are deemed as “Non-Responsive” shall not advance further in this request.

The criteria to be used to evaluate proposals, listed with their relative weight in points are as follows:

A total of 60 points are available and distributed to the 3 categories from Section 4 – Proposal Requirements.

4.02.1 Demonstrated Ability to Meet Scope of Work – 30 points

4.02.2 Qualifications – 15 points

4.02.3 Project Management and Schedule – 15 points

6.02 Evaluation Process. All proposals in response to this RFP will be evaluated as follows:

1. All proposals will be reviewed to determine their responsiveness to the requirements of the RFP. Non-responsive proposals (those not conforming to minimum RFP requirements) shall be eliminated from further consideration. Each Vendor bears the sole responsibility for the items included or not included in the response submitted by that Vendor. The University reserves the right to disqualify any proposal that includes significant deviations or exceptions to the terms, conditions and/or specifications in this RFP at any time the deviations or exceptions are discovered.

2. Proposals will be reviewed and evaluated by the evaluation committee based upon the quality of information received and the information that supports the respondent’s ability to meet or exceed the technical requirements stated in the RFP and is subject to all advancement criteria or multi-stage process stated. Proposals may be deemed non-responsive and disqualified at any stage of the process the disqualifying factor is discovered. At the conclusion of the technical evaluation, the Purchasing Department will evaluate the cost proposals according to the formula, published in Section 5.03 and in accordance with the Utah Procurement Code. Cost scoring shall be based on the lowest responsive and responsible price offered meeting or exceeding all minimum requirements listed in this RFP. The points allocated to each cost proposal will be added to the corresponding proposal’s total technical score.

3. Oral or product demonstrations may be required from eligible proposals.

Up to the three (3) highest scoring proposals based on preliminary technical total score.

Proposals that do not meet the parameters will not be invited to oral presentations and shall receive no further consideration for contract award.

Or the University may choose to make an award directly from the responses received. The University will be the sole judge as to the overall acceptability of any proposal or to judge the individual merits of specific provisions within competing offers.

4. Upon request, a Best and Final Offer (BAFO) may be requested as part of this process from responsive and responsible proposals received.

SECTION 7 - GENERAL PROVISIONS

7.01 Protected Information. Under the Government Records Access and Management Act, Utah Code §§ 63G-2-101 to -901, as amended ("GRAMA"), certain information submitted in the proposal(s) may be open for public inspection or disclosure. Pursuant to Section 63G-2-309 of GRAMA, any confidential information provided to the University which Vendor believes should be protected from inspection or disclosure must be accompanied by a written claim of confidentiality and a concise statement of reasons supporting such claim. A copy of the University’s standard business confidentiality claim form may be found at (http://fbs.admin.utah.edu/download/purchasing/Business_Confidentiality_Claim_Form.pdf ). Non-specific statements of confidentiality (e.g., marking a document confidential or proprietary in a cover letter, header, footer or watermark) are insufficient to claim confidentiality under GRAMA. All material contained in and/or submitted with the proposal becomes the property of the University and may be returned only at the University's option. Any confidentiality and non-use obligations applicable to the University as a consequence of the Contract will be subject in all cases to the University’s obligations under GRAMA.

7.02 Incurring Costs. The University will not be liable for any cost which Vendors may incur in connection with the preparation or presentation of their proposal(s). Proposals should be concise, straightforward and prepared simply and economically. Expensive displays, bindings or promotional materials are neither desired nor required. However, these instructions are not intended to limit a proposal's content or exclude any relevant or essential data therefrom.

7.03 Addendum to RFP. In the event the University deems it necessary to revise this RFP in whole or in part, an addendum will be provided to relevant vendors.

7.04 Other Communications. During the RFP process (from the date of issue through the date of contract award or other final decision) the Purchasing Department is the sole source of official information regarding this RFP. All other communications, both spoken and written, which are received by any representative of the Vendor from other sources (such as employees in the using department) should be confirmed by the Vendor with the buyer in the Purchasing Department assigned to this RFP as being true and accurate prior to incorporating such information into their response. This refers to both formal and informal conversations and communications. Significant changes to the RFP will always be issued as a formal, written addendum.

7.05 Alternative Proposals. A Vendor may submit more than one proposal, each of which must follow the Proposal Response Format (section 5 herein) and satisfy the requirements of this RFP. The Vendor's primary proposal must be complete and comply with all instructions. The alternative proposals may be in abbreviated form following the Proposal Response Outline but providing complete information only for sections which differ in any way from those contained in the prime proposal. If alternative proposals are submitted, the Vendor must explain the reasons for the alternative(s) and its comparative benefits. Each proposal submitted will be evaluated on its own merits.

7.06 Authorized Vendor Representatives. The University reserves the right to require a change in the individual assigned to represent the Vendor if the assigned representative is not serving the needs of the University in an acceptable manner. This right shall carry forward through the response period and, with the successful Vendor, during the term of the Contract.

7.07 Award of Subcontracts. For each subcontract, if any, which the Vendor proposes to award, the Vendor shall specify in writing the proposed subcontractor's name and address, and the purpose of each subcontract. Any Vendor proposing subcontracts as a part of a proposal must explicitly state so in the proposal. Written approval by the Purchasing Department is required prior to the awarding of any subcontracts. Any Subcontractor shall be required to provide evidence to the University of the same insurance provisions and coverages as described in section 7.29 of this RFP.

7.08 Assignment. Vendor shall not assign or subcontract any portion of its obligations under the Contract without the prior written consent of the University Purchasing Department. Assignment or subcontracting shall in no way relieve the Vendor of any of its obligations under the Contract.

7.09 Remedies; Governing Law; Venue. The laws of the State of Utah shall apply in all disputes arising out of this RFP, without application of any principles of choice of laws. The Contract will be governed by the laws of the State of Utah, without regard to conflicts of laws principles. Venue for any lawsuits, claims, or other proceedings between the Contract parties relating to or arising under the Contract shall be exclusively in the State of Utah. The Contract will not require either Vendor or the University to arbitrate any dispute arising under the Contract.

7.10 Compliance. The Vendor hereby agrees to abide with all applicable federal, state, county and city laws and regulations and to be responsible for obtaining and/or possessing any and all permits and licenses that may be required.

7.11 Cancellation. Inadequate delivery, unsatisfactory service or Vendor’s failure to adhere to the Contract covenants may result in University’s cancellation of the Contract. The Vendor shall be responsible for reimbursing the University for expenses incurred as a result of unacceptable service. In the event that either party determines that a material breach has occurred that would be cause for cancellation of the Contract, the party wishing to cancel shall notify the other party of the alleged breach in writing, and allow the other party thirty (30) days in which to cure the alleged breach.

If the alleged breach is not cured or substantial steps to cure the alleged breach are not taken within this period, the non-defaulting party may cancel the Contract at the end of said thirty (30) day period.

7.12 Acceptance of Services Rendered. The University, through its designated agents and representatives, will be the sole determining judge of whether services rendered under the Contract satisfy the requirements as identified in the Contract.

7.13 Anti-Collusion. The submission of a proposal constitutes agreement that the Vendor has not divulged its proposal to, or colluded with, any other offeror or party to a proposal whatsoever.

7.14 Indemnification; Limitations of Liability. The Contract shall provide the Vendor shall hold harmless, defend and indemnify the University of Utah and its officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of the Contract by Vendor, or (b) Vendor’s use of University premises, or (c) any act, error, or omission on the part of the Vendor, or its agents, employees, invitees, participants, or subcontractors except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents.

University is a governmental entity under the Governmental Immunity Act of Utah, Utah Code Ann., Section 63G-7-101 et seq., as amended (the “Act”). Nothing in the Contract shall constitute the University’s waiver of any protections, rights, or defenses applicable to the University under the Act including, without limitation, the provisions of Section 63G-7-604 regarding limitation of judgments. Without limiting the generality of the foregoing, and notwithstanding any provisions to the contrary in the Contract, any indemnity obligations of University contained in the Contract shall be subject to the Act and are further limited only to claims that arise directly and solely from the negligent acts or omissions of University.

The University will not incur, as a consequence of the Contract or otherwise, any liability for the operations, acts, or omissions of Vendor or any third party, and nothing in the Contract shall be so interpreted or construed.

The Contract will include no limitations of liability, or exclusions or remedies, for any damages other than special, indirect or consequential damages.

7.15 Restrictions. Subject to the terms of this Section 7, all proposals must clearly set forth any restrictions or provisions deemed necessary by the Vendor to effectively service the proposed Contract.

7.16 Right to Reject. The University reserves the right to reject any or all proposals and to waive any informality or technicality in any proposal in the interest of the University.

7.17 Record Keeping and Audit Rights. Any Vendor providing goods or services under any Contract shall maintain accurate accounting records for all goods and services provided thereunder, and shall retain all such records for a period of at least seven (7) years following termination of the Contract. Upon reasonable notice and during normal business hours the University, or any of its duly authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Contract. The University’s audit rights shall extend throughout the term of the Contract and for a period of at least seven (7) years thereafter.

7.18 Management Reports. Upon request the Vendor must be able to summarize and concisely report pertinent information to the University in a timely manner, throughout the duration of any Contract resulting from this RFP.

7.19 Further Agreements. In addition to a proposal, the University may from time to time require a Vendor to execute certain additional documents or agreements, including without limitation a Contract, for the purpose of clarifying the intention of the parties with respect to providing the goods or services hereunder.

7.20 Relationship of the Parties. In assuming and performing the obligations of any Contract, the University and any Vendor shall each be acting as independent parties and neither shall be considered or represent itself as a joint venturer, partner or employee of the other. Vendor affirms that the Vendor or any employee in their organization does not have a conflict of interest or potential conflict of interest with the University of Utah.

7.21 Equal Opportunity. No Vendor of goods and/or services under this RFP or any Contract shall discriminate against any employee, applicant for employment, or recipient of services on the basis of veteran status, race, religion, color, sex, sexual orientation, age, disability, or national origin.

7.22 Taxes – Vendor’s Responsibility. Vendors shall be responsible for and pay all taxes which may be levied or incurred against the Vendor in connection with the performance of any services under a Contract, including taxes levied or incurred against Vendor’s income, inventory, property, sales, or other taxes.

7.23 Taxes - University is Exempt. The University is exempt from State of Utah sales and excise taxes (State of Utah Sales Tax Exemption number: 11874443-002-STC). Exemption certification information appears on all purchase orders issued by the University and such taxes will not apply to the University unless otherwise noted.

7.24 Tax Liens. By submitting a proposal, the Vendor certifies that neither it nor its principals are presently subject to an outstanding tax lien in the State of Utah. If the Vendor cannot certify this statement, the Vendor will submit to the University a written explanation for the review of the University. If the Vendor is subject to any outstanding tax lien in the State of Utah, the University may reject the Vendor’s quote, bid, offer, or proposal in response to the request pursuant to UCA 63G-6a-905.

7.25 Health Insurance Portability and Accountability Act (HIPAA). The University of Utah Health Sciences Center is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This transaction may fall under the jurisdiction of HIPAA and Vendor must comply with applicable state and federal HIPAA laws. If you have any questions, please contact the HIPAA Regulatory Office at 801-587-9241.

7.26 Debarment Clause. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If Vendor cannot certify this statement, attach a written explanation for review by the University. Vendor must notify the Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period.

7.27 Status Verification System. If a Contract is awarded through this RFP for the physical performance of services within the State of Utah, Vendor or Vendor's agent, contractor, subcontractor or service provider is required to register and participate in the Status Verification System (E-verify) to verify the work eligibility status of Vendor's or Vendor's agent's, contractor's, subcontractor's or service provider's employees hired on or after July 1, 2009 and employed in the State of Utah, in accordance with UCA Section 63G-12-302.

7.28 Federal Exclusion. Vendor warrants and represents that Vendor, its officers, directors, and any employees or subcontractors providing goods or services under this Contract (i) are not currently excluded, debarred, or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C. § 1320a-7b (f) or to provide goods to or perform services on behalf of the federal government as either a contractor or subcontractor. This shall be an ongoing representation and warranty during the term of this Contract and Vendor shall immediately notify University of any change in the status of the representation and warranty. University may immediately terminate the Contract for cause in the event of a breach of this section or as a result of any material change in status of the representation and warranty. Notwithstanding any other provision in the Contract, Vendor shall defend and indemnify University and its officers, employees, and agents in connection with any and all claims, losses, causes of action, judgments, fines, damages, or other similar expenses, including reasonable attorney fees, resulting from a breach of this section.

Such insurance policies shall be endorsed to be primary and not contributing to any other insurance maintained by the University.

If applicable, Vendor shall maintain and provide evidence of an employee dishonesty (fidelity) bond or other form of surety in the minimum amount of $100,000 which guarantees that the bond or surety will reimburse the University for any pecuniary loss that may be sustained by any act of fraud, dishonesty, forgery, theft, embezzlement, malfeasance, or misappropriation on the part of Vendor, or any of its employees, officers, directors, agents, contractors or subcontractors directly or indirectly. This bond shall be issued by a responsible surety company authorized to do business within the State of Utah, and shall be subject to the reasonable approval by the University as to form and content.

Vendor's insurance carriers and policy provisions must be acceptable to the University’s Risk and Insurance Manager. The University of Utah shall be named as an additional insured on the Commercial General Liability, and if applicable, Aircraft Liability, and Liquor Liability insurance policy by endorsement. Vendor will cause any of its subcontractors, who provide materials or perform services relative to this contract, to also maintain the insurance coverages and provisions listed above.

If the coverage’s described above are not in place at the time a proposal is submitted, Vendor should describe in detail what types and levels of coverage are in place currently, and clearly indicate Vendor’s ability and willingness to obtain the above listed coverage’s if required by the University.

Vendor shall submit certificates of insurance as evidence of the above required insurance to the University prior to the commencement of this Contract (mail to: University of Utah Purchasing Department, Attn: Associate Director of Procurement and Contracting Services, 201 S. Presidents Circle Rm 159, Salt Lake City, UT 84112. Such certificates shall indicate that the University will be given thirty (30) calendar day’s written notice prior to the cancellation of coverage.

University carries insurance through the State Risk Manager of the State of Utah up to the limits required by the State Risk Manager of the State of Utah and applicable law. Nothing in the Contract shall require University to carry different or additional insurance, and any obligations of University contained in the Contract to name a party as additional insured shall be limited to naming such party as additional insured with respect to University’s negligent acts or omissions.

7.30 Drug- Alcohol- Tobacco-Free Campus. The University of Utah is a drug-, alcohol-, and tobacco-free campus, with no smoking and/or use of any tobacco product on all University property and in any outdoor area controlled by the University. This rule is applicable 24 hours a day, 7 days a week. The campus will officially operate as tobacco-free as of July 1, 2018. University property includes any property owned, leased, or controlled by the University and includes but is not limited to: all buildings, vehicles, residential and recreational areas, athletic fields, parking lots, parking structures, streets, sidewalks, hospitals and clinics. All representatives of the awarded Vendor, including delivery and installation personnel, shall adhere to these requirements, including being free of the effects of these substances while on campus. Not adhering to these standards shall be considered a breach of any Contract or purchase order resulting from this solicitation. Please see the following link for more information regarding the University Rule. https://regulations.utah.edu/administration/rules/R3-300A.php

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