REQUEST FOR PROPOSALS GMU

Transcription

1 Purchasing Department Mailing Address: 4400 University Drive, Mailstop 3C5 Street Address: 4441 George Mason Boulevard, 4 th Floor, Suite 4200 Fairfax, Va Voice: Fax: REQUEST FOR PROPOSALS GMU ISSUE DATE: April 7, 2015 TITLE: PRIMARY PROCUREMENT OFFICER: SECONDARY PROCUREMENT OFFICER: PROPOSAL DUE DATE AND TIME: Managed Print Services Solution James F. Russell, Associate Director, jrussell@gmu.edu Erin Rauch, Senior Buyer, erauch@gmu.edu May 20, 2015@ 2:00 PM. Hand deliver or mail proposals directly to the address above. Electronic submissions will be accepted as well. A public opening will not be held. MANDATORY PREPROPOSAL CONFERENCE: See Section, XI., paragraph N. QUESTIONS/INQUIRIES: Hold all questions until the mandatory preproposal conference. After the conference all inquiries to both Procurement Officers listed above, no later than 4:00 PM EST on April 30, Reponses to questions will be posted on the Mason Purchasing Website by 4:00 PM EST on May 7, In Compliance With This Request For Proposal And To All The Conditions Imposed Therein And Hereby Incorporated By Reference, The Undersigned Offers And Agrees To Furnish The Goods/Services In Accordance With The Attached Signed Proposal Or As Mutually Agreed Upon By Subsequent Negotiations. Name and Address of Firm: FEI/FIN No. Fax No. Date: By: Signature In Ink Name: Title: Telephone No. THIS RFP (AND ALL ATTACHMENTS) IS THE OFFICIAL STATE FORM. REFERENCE SECTION X, PARAGRAPH U FOR FURTHER DETAIL This public body does not discriminate against faith-based organizations in accordance with the Governing Rules, 36 or against a Bidder/Offeror because of race, religion, color, sex, national origin, age, disability, or any other prohibited by state law relating to discrimination in employment. 1

2 RFP# GMU TABLE OF CONTENTS SECTION DESCRIPTION PAGE I. PURPOSE 3 II. GOVERNING RULES 3 III. TERM OF CONTRACT 3 IV. BACKGROUND 3 V. STATEMENT OF NEEDS 3 VI. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 4 VII. EVALUATION AND AWARD CRITERIA 11 VIII. CONTRACT ADMINISTRATION 11 IX. METHOD OF PAYMENT/PAYMENT TERMS 11 X. GENERAL TERMS AND CONDITIONS 12 XI. SPECIAL TERMS AND CONDITIONS 18 XII. RFP SCHEDULE 21 XIII. VENDOR DATA 22 ATTACHMENT A OUTPUT DEVICES 23 ATTACHMENT B SAMPLE CONTRACT 25 2

3 I. PURPOSE. The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified sources to establish a term contract through competitive negotiations to provide a Managed Print Services Solution for Mason s Fairfax, Virginia campus and all regional campuses (Prince William, Front Royal, Loudoun and Arlington) solution that includes the oversight, support, service and products (including and excluding paper) for printers at all campus locations of George Mason University (Mason). George Mason University is an agency of the Commonwealth of Virginia. II. III. IV. GOVERNING RULES: This solicitation and any resulting contract shall be subject to the provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendor's, and any revisions thereto, and the Governing Rules, which are hereby incorporated into this contract in their entirety. A copy of both documents is available for review at: TERM OF CONTRACT: Five (5) years. BACKGROUND: Currently, the University, Campus and Regional Campus works with numerous vendors and has a diverse fleet of personal printers, network printers, copiers, multifunctional devices, scanners and fax machines located throughout The University. The University does not have a complete, detailed equipment inventory of all output devices but has an inventory of network printers and copiers. In aggregate, the University owns approximately 220 copiers of which they currently own 111. The remaining will be owned wholly by November 2016 with exception of the KM Digital Press in the copy center which is financed until 2019; additionally, it owns approximately 765 networked printers. A sample of University output devices is included as Attachment A. Overall, the University creates approximately 28,384,615 impressions annually. Approximately 12,555,049 impressions are generated from Networked and Local printers of which an average of 76.39% black & white and 23.61% are color. MFD/Copier impressions generate a volume of approximately 15,829,566 impressions. This includes most but not all of the copy center volume. Impression counts are estimated. V. STATEMENT OF NEEDS: Mason s goals in this process are as follows: To lower the total cost of ownership for Managed Print Services, Reduce the environmental impact (support sustainability), Reduce energy consumption, Reduce space needs, Streamline operations, standardize equipment, and increase efficiency. This program will include, but is not limited to multifunction devices (MFDs), copiers (black and white and color), laser printers (black and white and color), fax machines, networked and non-networked devices tailored to the individual department needs. Solutions for the University s four copy centers (Johnson Center and Robinson Hall Fairfax, Prince William and Arlington) as well as multiple pay for print and coin operated copiers scattered throughout the campuses. A. SUCCESSFUL OFFEOR SHALL: 1. Provide a Managed Print Services solution which will demonstrate a lower total cost of ownership and include the following: a. equipment, services and supplies b. remote management c. automatic supply ordering d. advise departments and coordinate disposition of existing equipment e. service to all campus locations f. Provide on-going management and reporting tools, g. Provide service that meets the unique operational requirements of each department, 3

4 h. Possess a methodology for assessing individual department needs to provide an optimal printing and copying solution. i. Provide a solution for current equipment and toner on campus j. Provide an easy and auditable solution for billing. k. Provide a fully outsourced solution for Print/Self-Serve Copier and copy centers priced in parity B. THE PROCUREMENT PROCESS: 1. Proposals are prepared by and submitted by interested vendors utilizing the information provided in these documents. The University will evaluate these proposals based on the evaluation criteria and select a short list of vendors to participate in the second step of the process. 2. These short listed vendors will be required to conduct an Analysis/Interview/Assessment of selected departments and facilities showing the equipment currently in use and an assessment of the future needs of the assigned departments determined by reviewing output and speaking to designated persons in the area. This analysis will be performed at no cost to the University. The Campus will be broken down into sections; each of the chosen vendors will complete the assessment of a specified area and information from all assessments will be compiled and submitted back to all short listed vendors. 3. Using compiled information gained from the assessment, each vendor will design and present a Total Cost of Ownership (TCO) analysis of a Managed Print Services solution based on the equipment inventory and needs assessment. The TCO analysis should provide an estimated cost/benefit in sufficient detail to be used to identify the vendor that will be requested to participate in Step 4 of the selection process. Vendor proposals for each department/campus to include the following: a. Installation of new equipment b. Reconfiguring and deployment of existing machines where applicable c. Timeframe for delivery/installment/training; d. Implementation steps for integration (network analysis sheet). 4. The University will initiate negotiations with the successful vendor(s) for the purpose of entering into a Managed Print Services partnership/contract based on previous steps. 5. After negotiations have been conducted with each offeror so selected, Mason will select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. VI. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS A. GENERAL REQUIREMENTS: 1. RFP Response. In order to be considered, proposals must be submitted to the Mason's Purchasing Office prior to the due date and time stated in this RFP. Offerors are required to submit one (1) signed original and seven (7) hard copies of the proposal. Also, submit one (1) CD copy. If proposal contains proprietary information, then submit one (1) extra CD copy without proprietary information (see Item 2e below for further details). The Offeror shall make no other distribution of the proposals. 2. Proposal Preparation: 4

5 a. Proposals shall be signed by an authorized representative of the Offeror. All information requested must be submitted. Failure to submit all information requested may result in your proposal being considered non-responsive and therefore, rejected. b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirement of the RFP. Emphasis should be on completeness and clarity of content. c. The original hard copy proposal should be bound in a single volume when practical. The original hard copy proposal must be clearly marked on the outside of the proposal. All documentation submitted with the proposal should be bound in that single volume. d. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter and repeat the text of the requirement as it appears in the RFP. If a response covers more the one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirement of the RFP should be inserted at the appropriate place or be attached at the end of the proposal and designated as additional material. Proposals which are not organized in this manner risk being eliminated from consideration if the evaluators are unable to determine where the RFP requirements are specifically addressed. e. Ownership of all data, material and documentation originated and prepared for Mason pursuant to the RFP shall belong exclusively to Mason and be subject to public inspection in accordance with Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offerors shall not be subject to public disclosure under this Act; however, the Offeror must invoke the protection of 34 of the Governing Rules in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified in some distinctive method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs which constitute trade secret or proprietary or trade secrets. Labeling the entire contents of a proposal is not acceptable and may result in rejection and return of the proposal. 3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to Mason. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will not affect the original submitted proposal. Mason will schedule the time and location of the presentation. If required, oral presentations are tentatively scheduled for June 10, 11 & 12, Mason will expect that the person or persons who will be working on the project to make the presentation so quality and experience of the contractors staff can be evaluated prior to making selection. Oral presentations are an option of Mason and may or may not be conducted; therefore, it is imperative all proposals should be complete. B. SPECIFIC REQUIREMENTS: Proposals should be as thorough as possible to allow Mason to properly evaluate the Offeror s capabilities and approach toward providing the required services. Offerors are required to submit the following items as a complete proposal: 1. Solutions Defined Managed Print Services Program: It is the intent of the University to incorporate a Managed Print Services Program as part of this RFP which includes the oversight, support and service of all devices included in the RFP. Each Offeror shall provide detailed information on the following: a. Describe the Managed Print Services solution being proposed to the University. Include a detailed list of services which may be included. 5

6 b. Identify the manufacturer(s) of managed print services hardware provided by the Offeror. Identify if refurbished equipment and OEM/non-OEM supplies are used. c. Describe capability for utilizing a Managed Print Services Solution with existing University-owned hardware. Identify the manufacturer(s) of Managed Print Service hardware that is supported. d. Describe the fleet refresh strategy. e. Describe the process for continued assessment and optimization of managed print services to ensure fleet optimization. f. Describe the process for reimbursing departments for current equipment, including toner owned by the department. g. Describe the process, staffing, pricing and purchase of existing equipment located in the university copy centers and pay for print/self-service stations h. Provide information concerning any green initiatives and how these initiatives would relate to the proposed solution. 2. Financial Information: a. The University requires a pricing structure with an all-inclusive cost per impression (CPI) to include but not be limited to service, equipment, software and supplies (including and excluding paper). b. Describe how each type of printer that Mason owns will handled upon contract execution. Specifically, what will happen to each of the following: -Non-networked Desktop Printers -Non-networked Printer/Fax Machines -Networked Desktop Printers -Larger Capacity Networked Printers -Networked Multi-Function Machines Should the University decide that certain equipment is obsolete or not cost-efficient, what trade-in options are available for equipment that the University currently owns? What is the process for removing/replacing equipment that is traded-in? What pricing information will be used to determine trade in values? c. Describe how each type of printer (as listed above) that will be needed in the future will provided to Mason. Describe in detail if the equipment is being leased or sold to Mason. Provide a sample financial breakdown for three of the five printers above. 1. In the event of contract cancellation prior to contract end date please provide instruction on how the existing equipment (obtained through the contract) would be addressed? Specifically address how this would be handled in year one, two, three, four and at contract end. Provide a sample financial breakdown for three of the five printers above demonstrating the impact if the contract was canceled prior to the end date. a. If one of the solutions proposed is to sell Mason the equipment, do you offer financing? 6

7 b. If one of the solutions proposed is to sell Mason the equipment, how do you determine fair market value for each item. d. The University is also very interested in any other cost-saving or incentive programs that you may be able to provide as a vendor. Please provide details on any such programs that you would be able to offer the University. e. Describe the methods by which your company will strive to lower the costs incurred by the University over the length of the contract? f. Describe the methods by which your company will reduce impressions and improve sustainability as it relates to print services. 3. Account Management: a. Identify the account manager, service coordinator, and other personnel who will be responsible for servicing the University s account. b. Indicate the frequency of account management reviews. What type of information is provided and with whom are the reviews conducted? c. Identify and provide examples of all standard reports. Indicate whether the system has an ad hoc report function. Identify whether the reports can be created by and specific to the department, University, or other levels of management such as the College level. d. Describe the billing process. Indicate whether the solution can interface with SAP for billing purposes. 4. Technical Specifications: a. Provide a detailed description of the software and hardware required to support the Managed Print Services Program. b. Describe all features and functionality associated with printing, scanning, faxing, and copying, including the capability for specialized print. c. Describe all special printing features and functionalities associated with printing. d. Describe how the proposed solution will adapt to future technology. e. Describe the administration tool and capabilities. Identify University personnel required to support system administration and describe functions. f. Describe capability for wireless print. g. Describe capability for remote management, how this is performed, and by whom. h. Describe capability for follow me printing and print on demand. i. Describe network and physical security features. j. Describe the process for management of users, rights, and security and identify personnel required to perform this function. Describe the process for authentication. 7

8 k. Provide a list of operating system platforms the proposed devices work with or support (e.g., Windows, Linux, Macintosh, etc). l. Identify any client side software/agents/drivers that need to be installed on end user machines. Describe the process for mapping print drivers to end user machines. Confirm that all proposed equipment utilizes print controller language (PCL) and PostScript versions of the print drivers. m. Address direct printing via IP address or printing via a print server. n. Identify the frequency of software upgrades and the impact to the University during upgrades. Confirm that application and operating system upgrades are included in the proposed solution. o. Explain ability to offer a dedicated, secure web portal that will interact with the University s E-Buy site showing University contracted items for users to order using procards; site must have the ability to authenticate authority of person ordering. 5. Service: a. Describe levels of service: 1. Types of service provided for each level 2. Support options to system and technical administrators 3. Hours of availability including 24X7 and emergency after hours support 4. Response time 5. Ability to provide on-site assistance in the form of a service technician or other personnel and availability of that service 6. Automatic supply fulfillment and service dispatch 7. 24/7 device monitoring and automatic supply ordering 8. Emergency response b. Provide metrics comparing performance with contracted service standards. c. Describe service capability throughout the state of Virginia. If same services are not available throughout the state, please list exceptions. d. Describe the optimal support model in terms of 24X7 device monitoring, on-site technical support, etc. What measurements are tracked to assess quality and effectiveness of support? Provide an organization chart that would represent the support structure for the University. e. Describe the process for requesting service and supplies including by telephone, web portal, etc., the proposed shipping method and lead-time for receiving products. How are users notified of confirmation of a request? What methods are available for users to track requests for service or supplies? f. Provide statistics regarding average service response time during regular business hours/after hours and weekends. g. Describe policies regarding escalation of support issues. h. Provide the following information about the service technician staff employed by your company: 1. Number of service technicians employed, number in our regional area 2. Average years of experience of current staff of service technicians 8

9 3. Minimum training, educational requirements, required certifications, background checks, bonding etc. for all service technicians 4. Ratio of service technicians to number of devices deployed/supported. Ratio in our regional area. Company goal for ratio of technicians to devices supported 5. Describe incentives technicians/employees receive to provide superior customer service i. If any part of the service will be subcontracted please provide a listing of locations that would be subcontracted along with the information on the subcontractor and contact information (as per listed above). How is compliance to service levels and competency measured? Describe process for monitoring equipment performance, duty cycle, and usage. What is the procedure for resolving a device with frequent problems including replacement guarantee? At what point and degree would a device be replaced due to continuous maintenance needs? How long will an existing device be out of service when being replaced? Describe spare parts inventory maintained by technicians. Describe any user replaceable components that can help maintain uptime and minimize service technician intervention. 6. University Training and Communications: a. Include an outline and identify the amount of training that is provided by the Offeror. Specify training required for technical staff and end users. If a train-the-trainer approach is used for end-user training, please describe. b. Provide a list of all documentation materials available to the University. This list should include, but need not be limited to the following items: end-user documentation and training materials and any technical documentation required for system administrators, if applicable. c. Describe how this material is made available. d. Provide copies of communication/marketing slicks used for other customers e. Describe how your firm addresses change management to assist with cost savings. For example, duplex printing, black & white versus color, print versus scan, reduce wasteful printing. 7. Implementation: a. Explain in narrative form your approach to the initial assessment project described in this proposal. Indicate by skill sets, and responsibilities, the staff that the Offeror proposes to use on the assessment project. Indicate by skill sets and responsibilities, the staff that is recommended for the University project team for the initial assessment. Specifically address the role of information technology (IT) staff. b. Explain in narrative form your approach to implementation of the Managed Print Services Program in respective units across the University. Indicate by skill sets and responsibilities, the staff that the Offeror proposes to use on the implementation project to transition departments from current state to managed print future state. Indicate by skill sets and responsibilities, the staff that is recommended for the University project team for implementation. Specifically address the role of IT staff and indicate whether IT involvement is required in all deployments. c. Describe specific steps to transition from existing to replacement devices including the importation of existing settings 9

10 8. Evidence of Successful Performance: List the name, specific contact, address, telephone number and address of six (6) references that the University may contact to discuss your company. References should include three (3) current customer references and three (3) past customer references that are higher education/ healthcare or organizations, and any customers within our regional area or of like scope and size to this procurement. a. Provide any documentation or studies of documented outcomes. 9. Other Additional Information: Please provide any additional information that the Offeror feels should be considered when evaluating their proposal. The Offeror may present any creative approaches that might be appropriate. The Offeror may also provide supporting documentation that would be pertinent to this RFP. 10. Financial Offer Summary: The financial summary proposal shall contain the complete financial offer made to Mason including on a Cost Per Impressions (CPI). a. Cost of All standard and anticipated costs for program. 1. All Additional costs not otherwise accounted for elsewhere in the proposal 2. Quantity discounts 3. Rebates/Incentives 4. Describe in detail any rebate programs and/or other financial incentives 11. Alternate Pricing: In addition to the above financial offer, Offeror may submit alternative financial proposals, however the information requested above must be supplied and will be used for proposal evaluation purposes. 12. Price Proposal: Vendor must use this format to provide a Price Proposal as described in this RFP. Vendor rates must be given in United States dollars, and include all costs that will be charged for performing the tasks necessary to accomplish the requirements set forth in this RFP and in the subsequent contract. Base cost should include equipment, maintenance and supplies (excluding paper); any additional items can be priced separately. Alternate pricing may also be submitted in addition to the requesting pricing. Description Price per Impression: Black-and-white Devices (based on an approx. annual volume of 21,000,000 impressions) Price per Impression: Color Devices (based on an approx. annual volume of 7,000,000 impressions) Price (price per impression) C. IDENTIFICATION OF THE PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope or package, sealed and identified on the outside as follows. FROM: Name of Offeror Due Date: May 20, 2015 Time: 2:00PM Street or Box Number RFP GMU City, State, Zip Code RFP Title: MANAGED PRINT SERVICES SOLUTION 10

11 Name of Procurement Officer or Buyer: JAMES F. RUSSELL The envelope or package should be addressed to the Issuing Agency as directed on Page 1 of the solicitation. If a proposal is mailed, the Offeror takes the risk that the envelope/package, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bid/proposal should be placed in the envelope. VII. EVALUATION AND AWARD CRITERIA: To be considered for award, your company must be registered with Virginia s electronic procurement system, eva. For further information, please visit: A. EVALUATION CRITERIA: Proposals shall be evaluated by George Mason University using the following criteria: Description Point Value 1. Overall offer. 25 a. Offeror qualifications b. Evidence of successful performance and implementation 2. Goods and services. 25 a. Solutions defined managed print services program b. Account management c. Technical specifications d. Service and supplies for equipment 3. Implementation including training and communications Financial information (Section VI., B., 2., 10., 11 & 12). 25 B. ACCEPTANCE OR REJECTION: Mason reserves the right to accept or reject any or all proposals, in whole or in part, to take exception to any RFP specifications, to make an award based solely on the proposals received or to negotiate further with one or more offerors. Mason also reserves the right to negotiate a contract with the selected offeror(s), which is at variance with the RFP initially prepared by Mason and/or responded to by the offeror. Failure to comply with the RFP by an offeror, as determined by Mason may be grounds for the exclusion of such offeror from further consideration by Mason. C. SELECTION: The selection by made in accordance with the procedures outlined in section V. B., above. Mason may cancel this Request for Proposal or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Governing Rules 49 D). The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor s proposal as negotiated. VIII. CONTRACT ADMINISTRATION: Upon award of the contract, Mason shall designate, in writing, the name of the Contract Administrator who shall work with the contractor in formulating mutually acceptable plans and standards for the operations of this service. The Contract Administrator shall use all powers under the contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, or their designee(s) however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope of the work or change the basis for compensation to the contractor. IX. METHOD OF PAYMENT/PAYMENT TERMS: PLEASE NOTE: THE VENDOR MUST REFERENCE THE PURCHASE ORDER NUMBER ON ALL INVOICES SUBMITTED FOR PAYMENT. 11

12 Option #1- Payment to be mailed in 10 days-the University will make payment to the vendor under 2%10/Net 30 payments terms. Invoices should be submitted via to the designated Accounts Payable address which is The 10 day payment period begins the first business day after receipt of proper invoice or receipt of goods, whichever occurs last. A paper check will be mailed on or before the 10 th day. Option #2- To be paid in 20 days. The vendor may opt to be paid through our epayables credit card program. The vendor shall submit an invoice and will be paid via credit card on the 20 th day from receipt of a valid invoice. The vendor will incur standard credit card interchange fees through their processor. All invoices should be sent to: George Mason University Accounts Payable Department Mailing Address: 4400 University Drive, Mailstop 3C1 Street Address: 4441 George Mason Boulevard, 4 th Floor, Suite 4200 Fairfax, Va Voice: Fax: AcctPay@gmu.edu Option#3- Net 30 Payment Terms. Vendor will enroll in Paymode-X where all payments will be made electronically to the vendor s bank account. For additional information or to sign up for electronic payments, go to There is no charge to the vendor for enrolling in this service. Please state your payment preference in your proposal response. X. GENERAL TERMS AND CONDITIONS: A. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, George Mason University will publicly post such notice on the DGS/DPS eva web site ( for a minimum of 10 days. B. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to George Mason University that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 9&10 of the Governing Rules. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Governing Rules, 35). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 12

13 b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. C. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract. D. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Governing Rules, 56). E. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of George Mason University. F. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. G. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. George Mason University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give George Mason University a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the George Mason University s right to audit the contractor s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present George Mason University with all vouchers and records of expenses incurred and savings realized. George Masson University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to George Mason University within thirty (30) days from the date of receipt of the written order from George Mason University. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education 13

14 and Their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by George Mason University or with the performance of the contract generally. H. CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. 1. The firm must submit written claim to: Director of Purchasing and Accounts Payable George Mason University 4400 University Drive, MSN 3C5 Fairfax, VA The firm must submit any unresolved claim in writing no later than 60 days after final payment to the Director of Purchasing and Accounts Payable. 3. Upon receiving the written claim, the Director of Purchasing and Accounts Payable will review the written materials relating to the claim and will mail his or her decision to the firm within 60 days after receipt of the claim. 4. The firm may appeal the Director of Purchasing and Accounts Payable s decision in accordance with 55 of the Governing Rules. I. CLARIFICATION OF TERMS: Unless instructed otherwise in the solicitation document if any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. J. DEBARMENT STATUS: By submitting their (bids/proposals), (bidders/offerors) certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. K. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, George Mason University, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which George Mason University may have. L. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. M. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this 14

15 procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. N. eva BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eva Internet electronic procurement solution, website portal streamlines and automates government purchasing activities in the Commonwealth. The eva portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eva Internet eprocurement solution either through the eva Basic Vendor Registration Service or eva Premium Vendor Registration Service. All bidders or offerors must register in eva and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected. Vendor transaction fees are determined by the date the original purchase order is issued and are as follows: 1. For orders issued January 1, 2014 and after, the Vendor Transaction Fee is: a. DSBSD-certified Small Businesses: 1%, capped at $500 per order. b. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order. For orders issued prior to July 1, 2014 the vendor transaction fees can be found at The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. O. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of P. INCLEMENT WEATHER / SUSPENDED SCHEDULE: Proposal receipt deadline scheduled during a period of suspended state business operations, including school closing due to inclement weather or other unforeseen circumstance, will be rescheduled for processing at the appropriate times on the next regular business day. It is your responsibility to check Mason s website for closings. See the following website: Q. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered. R. INFORMATION SECURITY: In cases where the contractor will store, process or transmit credit card data for the University, contractor represents and warrants that for the life of the contract and while contractor has possession of University customer cardholder data, the software and services used for processing transactions shall be compliant with standards established by the Payment Card Industry (PCI) Security Standards Council ( In the case of a third-party application, the application will be listed as PA-DSS compliant at the time of implementation by the University. Contractor acknowledges and agrees that it is responsible for the security of all University customer cardholder data in its possession. Contractor agrees to indemnify and hold University, its officers, employees, and agents, harmless for, from, and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees), and expenses arising out of or relating to any loss of University customer credit card or identity information managed, retained, or maintained by contractor, including but not limited to fraudulent or unapproved use of such credit card or identity information. Contractor shall, upon written request, furnish proof of compliance with the Payment Card Industry Data Security Standard (PCI DSS) within 10 business days of the request. Contractor agrees that, notwithstanding anything to the contrary in the Agreement or the Addendum, the University may terminate the Agreement immediately without penalty upon notice to the contractor in the event contractor fails to maintain compliance with the PCI DSS or fails to maintain the confidentiality or integrity of any cardholder data. 15

16 S. INFORMATION TECHNOLOGY ACCESS ACT: Computer and network security is of paramount concern at George Mason University. The university wants to ensure that computer/network hardware and software does not compromise the security of IT environment. You agree to use commercially reasonable measures in connection with any offering your company makes to avoid any known threat to the security of the IT environment at George Mason University All e-learning and information technology developed, purchased, upgraded or renewed by or for the use of George Mason University shall comply with all applicable University policies, Federal and State laws and regulations including but not limited to Section 508 of the Rehabilitation Act (29 U.S.C. 794d), the Information Technology Access Act, through of the Code of Virginia, as amended, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to all benefits, services, programs, and activities provided by or on behalf of the University. The Contractor shall also comply with the Web Content Accessibility Guidelines (WCAG) 2.0. For more information please visit under Policies and Procedures. T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers compensation insurance in accordance with 25 of the Governing Rules. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS: 1. Workers Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers compensation requirements under the Governing Rules during the course of the contract shall be in noncompliance with the contract. 2. Employer s Liability - $100, Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy. A. If contract is for parking facilities and garages for motor vehicle maintenance: These coverage should include Garage Owner s Liability. Contracts with movers or truck transporters should also require motor carrier s liability. When in the judgment of a procurement officer, these limits and coverage are not warranted for the goods and services being procured, the Division of Risk Management should be contacted. 4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.) T. LATE BIDS/PROPOSALS: to be considered for selection, bids/proposals must be received by the issuing office by the designated date and hour. The official time used in the receipt of proposals is that time on the automatic time stamp machine in the issuing office. Bids/proposals received in the issuing office after the due date and time has expired will not be accepted nor considered. George Mason University is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-university mail system. It is the responsibility of the Bidder/Offeror to ensure that its proposal reaches the issuing, office by the designated date and hour. U. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs: 1. For Request For Proposals: Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, George Mason University reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal. 16