RFP202490000495 - Facilities Mangement Operations Supplemental Labor.pdf

PCPS – 9/25/23

West Virginia University Request for Proposal (“RFP”)

RFP No. 202490000495

TITLE: Facilities Management Operations Supplemental Labor

PROPOSAL DUE DATE: December 4, 2023

PRE-PROPOSAL MEETING: N/A

RFP PROCUREMENT OFFICIAL: Keith Bayles; keith.bayles@mail.wvu.edu

I. INTRODUCTION AND OVERVIEW OF SOLICITATION

A. OVERVIEW OF SOLICITATION

West Virginia University on behalf of its Board of Governors (“WVU” or “University”) is initiating this Request for Proposals (“RFP”) to solicit Proposals from qualified firms or individuals (“Proposers”) for supplemental janitorial and minor repair labor services (“laborer(s)”) for approximately ninety-five (95) locations across the Downtown and Evansdale Campuses. These locations consist of academic administrative/office spaces, student dormitories, athletic complexes, and multi-use spaces. The successful firm(s) laborer(s) shall work under WVU supervision utilizing WVU cleaning agents and equipment as applicable.

B. SOLICITATION SCHEDULE

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

RFP Publication November 15, 2023 N/A

Question Deadline (posted to Q&A

Board)

November 27, 2023 12:00pm (Noon)

Proposal Due Date (“Due Date”) December 4, 2023 4:00pm

Anticipated Contract Start Date Week of December 11, 2023 N/A

C. PRE-PROPOSAL MEETING:

Participation is ☐ required / ☒ not required.

☒ No Pre-Proposal Meeting to Be Hel mailto:keith.bayles@mail.wvu.edu

D. SOLICITATION SCHEDULE

Submit with

Response Informational Description Exhibit

ID

☐ ☒ Association of Physical Plant Administrators (“APPA”) Cleaning Levels A

☒ ☐ Disclosure of Interested Parties B

☒ ☐ State of West Virginia Purchasing Affidavit C

☐ ☒ New Employee Orientation (“NEO”) Document * E

☐ ☒ WVU Academic Calendar F ☐ ☒ Custodial Eval Example ** G

* Exhibit E will be completed by laborer after award.

** Exhibit G is example of evaluation of laborer after award.

II. SCOPE OF SERVICES

WVU will be the sole judge of the efficiency and acceptability of each laborer’s performance while on site. The University reserves the right to require the Supplier to remove any laborer(s) from further duty at University facilities, with or without cause, and without the right to recover any damages by such laborer(s) or by the Supplier. The Supplier shall promptly remove and replace all individual laborer(s) upon written request by the University. The objectives of this solicitation are:

- Maintain or exceed the Association of Physical Plant Administrators (“APPA”) cleaning standards.

o APPA Levels 2 and 3 are the most prevalent.

o Different locations may require different APPA levels of cleanliness.

- Provide ten to twenty (10 – 20) laborers per fiscal year (July 1 20xx through June 30, 20xx) o Laborers will provide janitorial, minor sheetrock repair and painting, and routine maintenance tasks such as power washing, window washing, furniture moving, setups, etc.

- Laborers would be eligible for fulltime WVU employment after three hundred (300) hours of work.

1. Locations

a. Laborers may be assigned to work in variety of different buildings daily, due to operational needs.

i. Assignments and campus locations may change periodically, though every effort to maintain consistency will be attempted.

b. Laborers may be given a specific assignment or assignments within the following locations:

i. Academic/ Classroom Buildings – computer labs, classrooms, and offices.

ii. Office Buildings – offices, kitchenettes, and conference rooms.

iii. Athletic Buildings – training and playing areas, offices, and locker rooms.

iv. Residence Halls/ Student Housing – public areas, dormitories, and restrooms.

c. WVU will not provide free parking for laborers.

2. Shifts

a. Full Time Equivalent (“FTE”) shifts per the following:

i. 1.0 FTE equals five (5) 8.0-hour days totaling 40.0 hours per week.

ii. 0.6 FTE equals 24 hours per week made up of any combination thereof.

iii. 0.5 FTE equals 20 hours per week made up of any combination thereof.

iv. Shifts may be four (4) hours, five (5) hours, six (6) hours and eight (8) hours.

b. Full time and part time shifts are available and must be agreed upon by WVU Representative.

c. If operational needs dictate shift changes, one (1) week advance notice will be provided to Service Provider.

d. If laborer is to be absent, laborer must notify their WVU Supervisor at least one (1) hour before their scheduled start time.

e. Standard Day, Afternoon, and Midnight Shifts will be per the following:

Shifts Time Days of the week

Day Shift 5am - 1pm Monday through Friday

Tuesday through Saturday

Sunday through

Thursday 6am - 2pm 7am - 3pm

Afternoon Shift

2pm - 10pm Monday through Friday

Tuesday through Saturday

Sunday through

Thursday 3pm - 11pm 4pm - 12am

Midnight Shift

5pm - 1am Monday through Friday

Tuesday through Saturday

Sunday through

Thursday 7pm - 3am 10pm - 6am

(Hours may change due to operational needs of the University).

3. Supervision

a. All supervision will be provided by the University.

i. All laborers will be required to review and follow all applicable Rules of the Board of Governors, other WVU rules of conduct, and behavioral expectations.

b. Each laborer will be assigned to a unit, a WVU lead, and supervisor.

c. WVU will only pay for verified time worked.

d. WVU will not pay for sick leave, annual leave, or holidays.

4. Supplies and Equipment

a. WVU will provide all cleaning supplies and products.

i. Laborer may be required to carry two-way radio(s) and respond to calls.

b. WVU will provide all needed Personal Protective Equipment (“PPE”).

c. Laborers will have access to all SDS Books/Sheets for products used, if applicable.

d. Laborers will be provided a WVU ID and a WVU uniform shirts.

5. Tasks and Duties

a. Clean and maintain interior and exterior of building or area assigned, including but not limited to:

i. Sweeping, vacuuming, mopping all surfaces.

ii. Stripping and waxing floors.

iii. Shampooing carpets, rugs, and upholstery.

iv. Dusting and polishing furniture.

v. Disinfecting of restrooms, showers, locker rooms, and kitchens inclusive of all fixtures.

vi. Washing windows, walls, and ceilings.

vii. Cleaning and power washing of sidewalks.

viii. Emptying of trash containers and bins.

ix. Raking leaves.

x. Snow removal.

xi. Removal of weeds from shrubs and flowerbeds.

xii. Relocating offices, classrooms, student dorm rooms, and events setup.

xiii. Rearranging furniture.

xiv. Loading and unloading furniture.

xv. Operation of a moving dolly or hand cart.

xvi. Setting up tables, chairs, platforms, bleachers, and tents.

xvii. Performing other related cleaning actives as assigned.

6. Other Requirements

a. Service Provider and Laborer Requirements

i. Service Provider must be an Equal Opportunity Employer and adhere to any and all Federal and State employment requirements.

ii. Service Provider must ensure that any laborer working on any WVU campus or property adheres to the WVU Supplier Code of Conduct:

https://procurement.wvu.edu/files/d/79435143-86af-40da-a41f- 6b96e0d8b592/supplier-code-of-conduct.pdf

III. RESPONSE REQUIREMENTS & EVALUATION CRITERIA

All responses must be formatted with the items and in the sequence as presented in this Section of the RFP. Except as otherwise set forth herein, Section III outlines the minimum requirements for the preparation and presentation of a Proposal. Failure to comply may result in rejection of the response. The Proposal should be specific and complete in every detail, prepared in a simple and straightforward manner.

Proposers will be evaluated based on overall experience. It is imperative that the solicitation be complete and contain all the information requested and in the following format: Proposal shall be submitted in a single PDF file; zip files will not be an acceptable format for submission.

All pages shall be 8-1/2” x 11” portrait and be inclusive of all information requested. The file shall be organized according to the following:

a. Cover page, including RFP number, Proposer’s name and address, contact person responsible to act on the Proposer’s behalf, name, title, phone number and email.

b. Title pages as noted for each section (Firm and Personnel Qualifications, Similar Experience, and Pricing).

c. Additional required documents, licenses, etc., as required by this solicitation.

i. Required documents (e.g., certificate of insurance (COI)) will not be included in the page count.

Proposers are expected to examine the entire RFP, including all specifications, standard provisions and instructions. Failure to do so will be at the Proposers’ risk. Each Proposer shall furnish the information required by the RFP.

Evaluation Criteria: The following evaluation factors will be used in determining the best-qualified Proposal:

Criteria Allocated Points Firm and Personnel Qualifications 20 Past Experience 20 Availability of Labor 35 Fee 25

Total 100 Points

For each item and qualification in the Scope of Services and Response Requirements section, submit detailed information regarding your firm’s qualifications and experience as it pertains to the higher education environment. Describe in detail the services your company can provide to WVU, your ability to meet the requirements, your experience in providing the services, and https://procurement.wvu.edu/files/d/79435143-86af-40da-a41f-6b96e0d8b592/supplier-code-of-conduct.pdf https://procurement.wvu.edu/files/d/79435143-86af-40da-a41f-6b96e0d8b592/supplier-code-of-conduct.pdf specifically how you will provide the service to the WVU community. This information includes, but it not limited to, the questions and criteria listed within this section.

A. Firm and Personnel Qualifications, 20 Points

a. Provide information demonstrating how your firm can fulfill these types of services successfully for West Virginia University.

i. Attributes of firm profile may include, but are not limited to:

1. Firm history

2. Size

a. Number of employees.

b. Turnover rate (expressed in months).

3. Office location(s)

a. Name, location, and contact information of office(s) serving this location.

b. Describe changes in overall management or ownership made within the last three years or projected to made in the future.

c. Provide firms policy and procedures on background checks.

i. Provide type of background checks conducted and the breadth of these background checks; this may include but not be limited to:

1. Local and/or Federal criminal record.

2. US National Sex Offender Registry.

3. Alias or other name search.

d. Describe or provide firms employment policies and procedures for the following:

i. Hiring criteria.

ii. Absenteeism and tardiness.

iii. Substance abuse.

iv. Sexual harassment.

B. Past Experience, 20 Points

a. Provide information on three to five (3 to 5) client projects to demonstrate how your firm is qualified and experienced, collectively and individually, to deliver services successfully for West Virginia University. This may include but not be limited to:

v. Describe square footage of locations served.

vi. Number of locations served per client and number of clients.

b. Provide a list of at least three individuals and/or organizations who may be contacted as professional references regarding the Proposer’s experience relevant to this solicitation. If applicable, include at least one reference from a public university. Provide a contact name, title, address, email address, and telephone number, if available, for each reference listed. By providing such information, the Proposer consents to the University contacting these individuals for the purpose of discussing the Proposer’s background and experience as it relates to this solicitation.

C. Availability of Labor, 35 Points

a. Proposer is to provide a summary of how the staffing requirements of WVU will be provided.

b. Include details on the pool of labor to be utilized to fill the requirements, including location(s), quantity, and qualifications.

c. If known, provide length of service of any proposed laborer with Service Provider.

d. Average length of time for Service Provider to fill labor requirements of clients in this particular industry (janitorial).

D. Fee (25 Points)

a. Provide the fully burdened hourly rate(s) (amount WVU will pay per hour) for the following:

i. Straight time laborer

ii. Overtime laborer

iii. Holidays laborer (if laborer is required to work on a holiday)

iv. Weekends laborer

Evaluation will be based on a weighted average of straight time pay and overtime pay, with straight time being worth eighty percent (80%) of the score and overtime being worth twenty percent (20%) of the score.

IV. RFP RULES AND GUIDELINES

A. COMMUNICATIONS

Throughout the procurement process, all communication, outside of those submitted under “Explanations and Clarifications” as described herein, between the Proposer and the University shall be with the RFP Procurement Official identified herein. “Proposers” includes subcontractors at all levels, partners, and joint venture members, where applicable. Discussions or communications regarding this solicitation with any other individuals associated in any capacity with the University, its consultants, contractors or members of its Board of Governors, or members of the Evaluation Committee are prohibited, unless otherwise approved in writing by the RFP Procurement Official.

Discussions or communications with any other person, regardless of the format, could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of University’s procurement process.

Proposers shall provide immediate written notice to the RFP Procurement Official any time contact has not been limited to the University’s RFP Procurement Official concerning this solicitation, whether initiated by the Proposer or by other University employees, consultants, contractors or members of its Board of Governors. Any violation of this prohibition may result in the disqualification of the Proposer from further participation in this procurement, and from award of any contract or subcontract under this solicitation. By submitting, the Proposer certifies the firm has been compliant with the above.

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

B. REVISIONS, EXPLANATION, AND CLARIFICATIONS TO THE RFP

Any explanation or clarification desired by a Proposer regarding the meaning or interpretation of any part of this solicitation must be submitted in writing by an authorized representative of the Proposer through the Q&A Board on the WVU Public Bid Site with a clear cross-reference to the relevant RFP section. Requests for explanations or clarifications must be submitted on or before the deadline for questions. Requests for clarification received after this deadline may not be considered and the University is under no obligation to address them.

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

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

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

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

C. MODIFICATION/ACKNOWLEDGMENT OF SOLICITATION ADDENDA

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

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

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

The CPO or designee may postpone the Proposal Due Date, if doing so is in the best interest of the University. Additionally, Proposers who contact the RFP Procurement Official prior to the Proposal Due Date, may, at the University’s discretion, request to extend the Proposal Due Date. Such postponement shall be accomplished through an Addendum to the RFP, which shall be published and distributed through the WVU Public Bid Site.

D. PREPARATION OF PROPOSALS – GENERAL

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

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

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

3. Furnish Information. Proposers shall furnish all information required by the

Solicitation. Unnecessarily elaborate Proposals or lengthy presentations are not desired or required; however, Proposals should be clear, concise, and include sufficient detail for effective evaluation. The Proposer is cautioned that it is the Proposer’s sole responsibility to submit information related to the evaluation categories, and that WVU is under no obligation to solicit such information if it is not included in its

Proposal. Failure by the Proposer to submit such information may cause an adverse impact on the evaluation of its Proposal.

4. General Format. Proposals signed by an agent of the Proposer other than an officer, or a partner should be accompanied by evidence of the agent’s authority. The University accepts electronic signatures.

If a pricing document is provided to proposers, all pricing must be completed within that document. Failure to utilize supplied pricing documents will result in disqualification from the RFP process.

To provide uniformity and to facilitate comparison of Proposals, all information submitted should clearly refer to the page number, section, or other identifying reference in this RFP. All information submitted must be noted in the same sequence as its appearance in this RFP.

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

If the Proposal is submitted on behalf of:

a. an individual, sole proprietorship, single member limited liability company (“LLC”), or a Proposer operating under a trade name, the Proposal shall be signed by that individual;

b. a partnership, the Proposal shall be executed in the partnership name and signed by all partners or by a managing partner accompanied by evidence of that partner’s ability to sign for the partnership. The official address of the partnership shall be shown below the signatures;

c. a multi-member LLC, the Proposal shall be executed in the LLC name and signed by all members or by a managing member or LLC officer, accompanied by evidence of that member’s or officer’s ability to sign for the LLC. The official address of the LLC shall be shown below the signatures;

d. a corporation, the Proposal shall be executed in the corporate name by the president or vice-president, or other corporate officer accompanied by the evidence of that officer’s authority to sign for the corporation; or

e. a joint venture or other type of teaming arrangement, the Proposal shall list the names of all of the joint venture or teaming arrangement members, and each member’s official mailing address. It shall be executed by all of the members in the same manner as if they were individually submitting a Proposal. The signature portion of the Proposal form shall be altered as appropriate for execution by the joint venture or teaming arrangement.

6. Alternate Proposals. Proposers may submit more than one Proposal. All Proposals must comply with the requirements of the RFP except that additional Proposals may incorporate, by reference, repetitive information which is provided in the original Proposal.

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

Proposer must clearly designate any information in the Proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of W.

Va. Code § 29B-1-1 et seq. or other state or federal law that provides for the nondisclosure of your document. The page must be identified, as well as the particular exception from disclosure upon which the Proposer 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 Proposer’s request for exemption from disclosure;

however, the University will make a decision predicated upon W. Va. Code § 29B-1- 1 et seq. Designating the entire Proposal exempt from disclosure will not be honored.

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

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

9. Proposal Preparation Costs. The University shall not be liable for any costs incurred by a Proposer in responding to this RFP, regardless of whether the University awards a Contract through this process, cancels this RFP for any reason, or contracts through another RFP or another process.

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

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

11. Firm Offer Period. Offers must be kept firm for acceptance by the University for at least one hundred twenty (120) days after the date that Proposals are due. Proposals with acceptance periods of less than one hundred twenty (120) days may be considered non-responsive. The Proposer may specify a longer period than indicated here. If the Proposer indicates no time period for acceptance, the Proposal will be considered firm for one hundred twenty (120) days and thereafter until written notice to the contrary is received.

E. PROPOSAL SUBMISSION & FORMAT

1. Proposal Submission.

The Proposal must be submitted through the WVU Public Bid Site https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=WVUMarketplac e no later than the Due Date and Time listed on the first page of this RFP. Proposer shall complete the Proposal in accordance with this RFP and submit the Proposal through the WVU Public Bid Site. The University does not assume responsibility for problems with Proposer’s computer/servers or other electronic issues.

Proposers should allow sufficient time to ensure timely receipt of the Proposal by the RFP Procurement Official. Late Proposals will not be accepted and will be automatically disqualified from further consideration unless the University’s electronic submission method is found to be at fault. All Proposals and any accompanying documentation become the property of the University and will not be returned. If you are having technical difficulty; you may contact the RFP Procurement Official prior to the submission due date and time to possibly arrange submission thru email, Dropbox or a comparable file sharing method.

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

2. Proposal Format for Submission. The Proposal response shall be set out in the format outlined in Section III (“Response Requirements and Evaluation Criteria”) of this RFP.

These sections represent the minimum amount of information required by the University. Proposers are encouraged to add content if needed; however, unnecessarily elaborate Proposals are discouraged. The Proposal shall be a single file preferably in PDF format, unless otherwise allowed or requested in this RFP. Any other format must be approved by the RFP Procurement Official prior to submission. Zipped files cannot be received by the University and cannot be used for submission of Proposals.

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

F. PROPOSAL MATERIALS

The Proposal material and accompanying documentation submitted in response to the RFP becomes the property of the University upon delivery submission to the University and may be appended, if necessary, to by any formal document which would further define or expand the contractual relationship between the University and the Proposer.

All of the material will be considered as part of this RFP.

G. WITHDRAWAL AND MODIFICATION OF PROPOSALS

Proposal withdrawals shall be submitted through the WVU Public Bid Site by the Proposer prior to the Proposal Due Date set forth in the RFP. Withdrawals must be made on company letterhead and signed by an authorized representative of the Proposer.

Proposals may only be withdrawn by the Proposer’s authorized representative, provided the identity of the person requesting withdrawal is established and the person signs a receipt. Once withdrawn, the Proposer may modify and resubmit their Proposal before the event deadline.

Any modification of a Proposal should be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior Proposals, and resubmitted to the RFP Procurement Official as required pursuant to this RFP.

Proposers should reference the University’s Procurement Manual for information related to Errors in Proposals.

H. REJECTION OF PROPOSALS

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

I. LATE SUBMISSIONS

Any Proposal, withdrawal, or modification received after the Proposal Due Date will not be considered, unless the University’s electronic submission method is found to be at fault. If Proposer encounters technical difficulty; Proposer may contact the RFP Procurement Official prior to the submission due date and time to potentially arrange other submission methods. The electronic clock on the WVU Public Bid Site shall be considered the official timepiece used to determine whether the Proposal, withdrawal, or modification was late.

A modification resulting from the RFP Procurement Official’s request for a “best and final” offer received after the time and date specified in the request will not be considered unless received before award, and the late receipt is due solely to mishandling by the University.

A late modification of an otherwise successful Proposal which makes its terms more favorable to the University may be considered at any time it is received and accepted.

J. PROPOSAL EVALUATION

1. Proposal Opening. Proposals, modifications, and withdrawals shall be opened via the

WVU Public Bid Site on the date and time designated in this RFP. Upon receipt of Proposals, the RFP Procurement Official will initiate the evaluation and selection process, to include a general review to determine if Proposals comply with the solicitation provisions and contain the required information and submittals. If they do not, the RFP Procurement Official may reject them.

2. Evaluation Committee. An Evaluation Committee will be appointed to evaluate Proposals. Appointments are at the sole discretion of the University.

3. Substantiation of Proposals. The University reserves the right to require each

Proposer to substantiate any aspect of the Proposal, its own qualifications for providing the services required, and any other area of interest relative to the Proposal response.

4. Evaluation Criteria. The evaluation factors identified in Section III of this RFP will be used in determining the best qualified Proposal that is most advantageous to the University. The Evaluation Committee shall utilize the consensus scoring method as outlined in Appendix C of the Procurement Manual, unless otherwise approved by the Chief Procurement Officer or designee.

5. Pairing Down Process. Proposals will be evaluated to determine if they are acceptable, potentially acceptable, susceptible of being made acceptable, or unacceptable. Proposals evaluated as technically unacceptable shall be rejected and will receive no further consideration for award. For Proposals determined to be technically acceptable or potentially acceptable the university may:

a. Proceed directly to award of contract;

b. Request clarifications and/or require oral presentations, and proceed to award of contract; or

c. Reject Proposals determined to be unacceptable, request clarifications or require oral presentations, and/or hold substantive discussions or negotiations with Proposers determined to be within a “competitive range” and request “best and final offers” following discussions or negotiations.

6. Oral Presentations. The University may, after evaluating the written Proposals, elect to schedule oral presentations with requested Proposers. Should oral presentation become necessary, the University will contact the top-scoring Proposers from the written evaluation to schedule a date, time, and location. Commitments made by the Proposer at the oral interview, if any, will be considered binding. The University may update initial scoring based on Proposer interviews at its discretion.

7. Competitive Range. If a competitive range is established, it will consist only of those Proposals that have a reasonable chance of being selected for award.

8. Discussions/Negotiations. If discussions or negotiations occur, they may include both the technical and financial aspects of the Proposals.

9. Best and Final Offers. The Procurement Official may engage the Proposer(s), which may reasonably be considered for award, to participate in the best and final offer process. Additionally, when Proposals are evaluated and two or more Proposers receive the same Consensus Score, the tie shall be broken, and an award made by allowing the tied Proposers to make a “best and final offer.” If a tie is not broken by a “best and final offer,” then the tie may be broken by a flip of a coin, or any other impartial method deemed prudent by the CPO.

10. Final Negotiations of Terms/Conditions with Best Proposer. Following the selection of the best Proposal, the University and selected Proposer may enter into negotiations to arrive at mutually agreeable terms and conditions. The contents of the selected Proposal may become contractual obligations if a Contract is mutually agreed to, accepted and signed by both Parties. Failure of the Proposer to accept or negotiate, in good faith, the Proposal obligations into a Contract may result in rejection of the Proposal. If the University is unable to negotiate a mutually satisfactory contract with the best Proposer, negotiations shall be formally ended with the Proposer and begun with the next best Proposer. Negotiations shall be undertaken in this manner until a mutually satisfactory Contract has been negotiated or the solicitation is canceled. The University will demonstrate “good faith” in reaching a mutually acceptable contractual agreement. Notwithstanding this, there are certain conditions that are unacceptable to the University. See Section V of this RFP for a non-exhaustive list of provisions that are unacceptable to the University.

11. Post Selection Review. After a final selection has been made and a contract successfully negotiated, the University may name an Apparent Successful Proposer.

Identification of an Apparent Successful Proposer is procedural only and creates no right in the named Proposer to award of the Contract. Competing Proposers may be notified by email of the identity of the Apparent Successful Proposer.

K. AWARD OF CONTRACT

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

Proposals. The University may award a contract, based solely on initial Proposals.

Accordingly, initial Proposals should be submitted on the most favorable terms from both a technical and price standpoint.

2. Determination of Responsibility. The Contract may be awarded to the responsible Proposer whose Proposal, conforming to the solicitation, will be most advantageous to the University, technical and price factors considered. A responsible Proposer is one who affirmatively demonstrates to the University that it has adequate financial resources and the requisite capacity, capability, and facilities to perform the Contract, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement. The University reserves the right to investigate the capabilities of Proposers, confirm any part of the information furnished by a Proposer, and require other evidence to determine that the Proposer is responsible.

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

4. Notice of Award. Any award of a Contract resulting from this RFP will be made only by an authorized WVU Employee.

5. Proposer’s Responsibility for Services Proposed. It is understood and the Proposer hereby agrees it shall be solely responsible for all services they propose, notwithstanding the detail present in the RFP.

L. CANCELLATION OF SOLICITATION

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

M. COMPLAINTS OR PROTESTS

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

V. REQUIREMENTS FOR FINAL CONTRACT

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

A. PROHIBITED TERMS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. ELECTRONIC PAYMENT

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

C. INSURANCE COVERAGE

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

The successful Proposer shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. The Proposer shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to the University within fifteen (15) days of the Contract Effective Date, but no later than the beginning of work by the Proposer. Additionally, the Proposer is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

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

The Supplier shall provide a certificate of insurance to the University evidencing required coverage prior to commencement of the Services All policies shall provide a minimum of thirty (30) calendar days’ written notice prior to cancellation or material change. The insurance company(ies) providing the above-described coverage shall have an AM Best Rating of no less than (A-) excellent.

Participation is ☐ required / ☒ not required.