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P07GB002 RFP.doc

  2. 2. Bid/Proposal Acknowledgement Receipt PURCHASING SERVICES File Name: p07gb002-rfpdoc4645.doc Rev: 7 Form Date: April 1 2004 PURCHASING SERVICES File Name: p07gb002-rfpdoc4645.doc Form Date: 03/02/05 REQUEST FOR PROPOSAL DESCRIPTION: Tablet PC’s REQUEST FOR PROPOSAL NUMBER: P07GB002 Offerors that wish to make a submittal shall complete, sign, and submit this document to Purchasing Services. The completed and signed document shall be faxed to Purchasing Services at 928-523-1343. Only those Offerors returning this completed form shall receive addenda which may be issued prior to the due date and time of the above noted Offer. This document was created in MS Word 2000. The grayed fields can be tabbed through, using Shift + Tab to reverse direction. Name of Firm       Name of Contact Title of Contact             Address 1 Address 2             City State Zip Code                -      Telephone Number Fax Number (     )     -      (     )     -      E-mail address, if available       Print Name of Firm’s Authorized Agent Signature of Firm’s Authorized Agent       Title of Signatory Date             To print this form specify in Print… page range, Pages: 2
  3. 3. RFP SECTION INDEX SECTION A REQUEST FOR PROPOSAL......................................5 SECTION B BACKGROUND INFORMATION.............................6 SECTION C INSTRUCTIONS TO OFFERORS..............................8 SECTION D OFFER FORMAT......................................................12 SECTION E REQUIREMENTS.....................................................13 SECTION F TERMS AND CONDITIONS....................................20 SECTION G EVALUATION CRITERIA......................................28 SECTION H PRE-PROPOSAL CONFERENCE...........................29 SECTION I PRICING PROPOSAL................................................30 SECTION J ON-SITE DEMONSTRATION..................................32 SECTION K REQUEST FOR PROPOSAL CERTIFICATION....33 VENDOR INFORMATION............................................................35
  4. 4. SECTION A REQUEST FOR PROPOSAL RFP Number: P07GB002 Northern Arizona University (the University) is requesting sealed Offers from qualified firms and/or individuals for the provision of Tablet PC’s. Offers shall be received in the Office of the Director of Procurement until 3:00 P.M., Arizona Local Time, on October 12, 2006, at which time a representative of Purchasing Services shall announce publicly the names of those firms submitting Offers. No other public disclosure shall be made until after award of the Contract. Offer shall be submitted to the following address: Northern Arizona University Purchasing Services Building 47A Box 4124 1415 S. San Francisco Flagstaff, AZ 86011-4124 The University shall answer informal questions orally. The University makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to provide minor clarifications rapidly. Oral statements or instructions shall not constitute an addendum to this Request for Proposal. Offeror shall not rely on any verbal response from the University. Formal questions regarding any part of this Request for Proposal, that may result in a material issue or a formal addendum, shall be submitted in writing. All inquiries regarding this Request for Proposal shall be directed to: Glenn Birkett Buyer Telephone: 928-523-6094 Fax: 928-523-1343 E-Mail: glenn.birkett@nau.edu 5
  5. 5. SECTION B BACKGROUND INFORMATION 1. UNIVERSITY BACKGROUND The University is governed by the Arizona Board of Regents and is a fully accredited institution of higher learning supported by the State of Arizona. The University offers a comprehensive set of academic programs for ninety-five (95) baccalaureate degrees, forty-seven (47) master degrees, and eight (8) doctoral degrees. The University has a statewide off-campus program consisting of thirty instructional sites around the state, including a permanent center in Yuma, Arizona. Fall 2005 total enrollment was 18,779 students (12,634 at Flagstaff, of which about 5,000 live on campus). The University employs approximately 2300 full-time faculty and staff and 1,300 part-time employees. The total budget for Fiscal Year 2004-2005 was $279 million. The University includes six (6) academic divisions: A. College of Arts & Letters B. College of Business Administration C. College of Engineering & Natural Sciences D. College of Education E. College of Social & Behavioral Sciences F. Consortium of Professional Schools & Colleges The 738-acre main campus is located in Flagstaff, Arizona. Flagstaff is a four-season city with over 57,000 residents located on the Colorado Plateau at an elevation of 7,000 feet. The University is at the junction of Interstate Highways 40 and 17, less than a three-hour drive from Phoenix, Arizona. • Additional information about Northern Arizona University can be accessed via the Internet at http://www.nau.edu/web/index.shtml. • A Campus Map can be accessed via the Internet at http://www.nau.edu/web/maps.shtml. 2. PROPOSAL BACKGROUND A. Request for Proposal Definition This Request for Proposal shall be part of a competitive negotiation process, which facilitates opportunity for goods and/or services for consideration. This competitive Request for Proposal shall provide the University the flexibility to negotiate with firms, if desired, to arrive at a mutually agreeable relationship. Price may weigh heavily in the evaluation process but shall not be the only determining factor. All Offers shall be public record and shall be available for review during regular office hours after award by contacting the University’s Director of Procurement. 6
  6. 6. B. Intent i). It shall be the University's intent to select the Offer(s), which shall be most favorable in all respects, including scope, availability of services offered, and price. If not otherwise stated herein, the University may issue multiple awards if identified as in the best interest of the University. ii). The successful Offeror(s) shall be awarded the provision of goods and/or services based upon the Offer(s), which best fulfills the requirements and specifications contained herein. The award may be made partial or whole, by segment, or by line item. iii). The resulting Contract shall be a summation of the Request for Proposal, addenda, the Offer, and resulting Contract negotiations. The resulting Contract shall be: Non-exclusive: The resulting Contract shall be non-exclusive. The University reserves the right to purchase goods and/or services from other sources to fulfill its operational needs when determined that goods and/or services cannot be adequately fulfilled and/or supported by successful Offeror(s). 7
  7. 7. SECTION C INSTRUCTIONS TO OFFERORS 1. No department, school, or office at the University has the authority to solicit official Request for Proposals other than Purchasing Services. All solicitation shall be performed under the direct supervision of the Director of Procurement and shall be in complete accordance with University policies and procedures. 2. Offers shall be submitted in the format shown in Section D. Offers in any other format may be considered informal and rejected. Conditional Offers shall not be considered. An individual authorized to extend a formal Offer shall sign all Offers. Offers that are not signed may be rejected. 3. Offers shall be submitted as a document set containing one (1) clearly marked original and 3 (three) copies. 4. Offers shall be placed in a sealed envelope marked as follows: Offeror’s Name Offeror’s Title RFP Number Date And Time Offer Is Due 5. Any person, firm, corporation, and/or association submitting an Offer shall be deemed to have read and understood all the terms, conditions, and requirements specified herein. 6. Any information considered to be proprietary by the Offeror shall be placed in a separate envelope and marked "Proprietary Information." To the extent the Director of Procurement concurs, this information shall not be considered public information. The Director of Procurement shall be the final authority as to the extent of material, which shall be considered confidential. Pricing information shall not be considered proprietary. 7. No telephonic, electronic, or facsimile Offers shall be considered. Offers received after the time for closing shall be returned to the Offeror unopened. 8. If responding by express mail, allow sufficient time for on-campus delivery. Federal Express and Airborne Express deliver directly to Purchasing Services. UPS and United States Mail deliver to a central location on-campus and additional time shall be required for delivery to Purchasing Services. 9. Offeror may withdraw Offer at any time prior to the time and date set for opening. 10. All Offers and accompanying documentation shall become the property of the University at the time the Offers are opened. 11. The University reserves the right to reject any or all Offers or any part thereof, or to accept any Offer or any part thereof, at award and to waive or decline to waive 8
  8. 8. irregularities in any Offer when it determines that it is in its best interest to do so. The University also reserves the right to hold all Offers for a period of ninety (90) days after the opening date, the right to accept an Offer not withdrawn before the scheduled Request for Proposal opening date, to negotiate with any Offeror considered qualified, or make any award without written discussion. 12. The University reserves the right to conduct discussions with Offerors, to accept revisions of Offers, and to negotiate price changes. The University shall not disclose any information derived from Offers submitted or from discussions with other Offerors. 13. Offerors which meet the selection criteria and which shall be deemed to be the most advantageous to the University may be requested to give an oral presentation to a selection committee. Purchasing Services shall accomplish scheduling of these oral presentations. 14. Offerors may submit requests for any changes to the University terms and conditions. However, Offers that shall be contingent upon any changes to the University terms and conditions shall be at a competitive disadvantage in the Request for Proposal evaluation process. Further, if the University chooses not to accept the alternate terms and conditions, the University may reject such Offers as non-responsive. 15. The successful Offeror shall be expected to enter into a standard form of Contract approved by the Arizona Board of Regents. The University’s terms and conditions are included herein. These terms and conditions shall be incorporated into the resulting Contract between the University and the successful Offeror. Offers that shall be contingent upon any changes to these mandatory terms and conditions may be deemed non-responsive and may be rejected. 16. The University is committed to the development of Small Business and Small Disadvantaged Business (SB & SDB) suppliers. If subcontracting shall be necessary, the Offeror shall make every effort to use SB & SDB in the performance of the Contract resulting from the Request for Proposal. 17. M N/A Bid Bond: A certified or cashier’s check or a surety bond, payable to Northern Arizona University, for $5,000.00 shall accompany each Offer as a guarantee that Offeror shall enter into a Contract to perform the requested services in accordance with the specifications or as liquidated damages for failure or refusal to enter into a Contract. Any check or bond shall be promptly returned to all unsuccessful Offeror(s) at the time of award and returned to the successful Offeror(s) upon execution of a satisfactory Contract. 18. Any objections to the specifications or requests for clarification of information shall be received no later than ten (10) days prior to the time the Request for Proposal shall be due. Interpretation and/or correction shall be given as written addenda to the Request for Proposal. Each addendum shall be mailed, faxed or E-mailed to each Offeror of record. 9
  9. 9. 19. Offerors that fail to receive an addendum shall have the option of: A. Accepting the resulting Contract, if Offered, including all addenda, at the proposed price. B. Withdrawing its Offer without penalty. 20. Failure to receive addenda shall not constitute a basis for claim, protest, or reissue of the Request for Proposal. 21. Unless specifically stated to the contrary, any manufacturer’s names, trade names, brand names, or catalog numbers used in the specifications of this Request for Proposal shall be for the purpose of describing and/or establishing the quality, design, and performance required. Any such reference shall not be intended to limit or restrict an Offer by any Offeror and shall be included in order to advise the potential Offeror of the requirements for the University. Any Offer, which proposes like quality, design, and/or performance, shall be considered. 22. The University shall not guarantee any minimum purchase volumes of any kind including, but not limited to: equipment, parts, supplies, and/or services, under any resulting Contract. 23. The University shall not reimburse the Offeror the costs associated with responding to the Request for Proposal. 24. Offeror shall acquire and maintain, at their sole expense, all necessary parking permits required by the University. Parking permits along with regulations governing traffic and parking are available from University Parking and Shuttle Services (928-523-6623) located at 113 W Dupont Ave., Flagstaff, AZ 86011. Permit applications and vehicle registration may also be accessed on-line at http://www4.nau.edu/parking/. Regulations shall be applicable to all employees of Offeror and shall be strictly enforced. All fines incurred shall be the sole responsibility of the Offeror. 25. Offeror shall acquire and maintain all necessary permits and licenses and shall adhere strictly to all Federal, State, County, or City laws, codes, regulations, and ordinances as applicable. 26. In accordance with an executive order titled “Air Pollution Emergency Proclamation” modified by the Governor of Arizona, July 16, 1996, the University formally requests that all products used in the performance of any Contract resulting from the Request for Proposal be low- or no-content of reactive organic compounds, to the maximum extent possible. 27. Although this Request for Proposal shall be primarily for the University, the resulting contract shall be for the use of all State of Arizona departments, agencies, commissions and boards. In addition, eligible municipalities, counties, universities, political subdivisions and nonprofit educational or public health institutions may participate at 10
  10. 10. their discretion. In order to participate in any resultant contract applicable entities must have entered into a cooperative purchasing agreement with either the Arizona Board of Regents for and on behalf of Northern Arizona University or the State of Arizona (per ARS 41-2632). 28. Offerors, who qualify as an “interested party”, may file a protest pursuant to the Arizona Board of Regents (ABOR) procurement procedures, Section 3-809, in particular Section 3-809C. The University takes protests seriously, the University expects Offerors to do so as well. Frivolous protests shall not result in gain for the Offeror and shall not be considered. 11
  11. 11. SECTION D OFFER FORMAT To facilitate direct comparison the offer shall be submitted using this format, listed in order, and index tabbed to match. Failure to follow instructions regarding format may result in rejection of the Offer. Offers shall include: 1. Completed and signed Request for Proposal Certification (refer to Section K). 2. Offeror’s Qualifications and Experience: Demonstrated knowledge, qualifications, and experience to accomplish the requirements and the ability to satisfy all components specified herein (refer to Section E), including, but not limited to: A. Corporate History. B. Management Summary. C. Experience with similar/like projects. 3. Project Resources: Description of key project personnel including, but not limited to: A. Sufficiency of project personnel. B. Qualifications of project personnel. C. Resumes and relevant certifications of project personnel. D. Relevant experience of project personnel. E. Extent of Small Business and Small Disadvantaged Business participation. F. Qualifications of subcontractors, if applicable. 4. Client References. 5. A detailed technical Offer including, but not limited to, clarity and reasonableness of proposed method of accomplishing the requirements and the ability to satisfy all components specified herein (refer to Section E). 6. Additional Services offered. 7. Exceptions to the Terms and Conditions of the Request for Proposal (refer to Section F). 8. Pricing Proposal (refer to Section I). 9. Vendor Information (refer to page 32) 12
  12. 12. SECTION E REQUIREMENTS 1. GENERAL A. The data, specifications, and administrative requirements outlined herein shall be intended to serve only as a general guideline for the Request for Proposal. Offeror shall submit a fully detailed Offer, which shall adequately describe the advantages and benefits, which the University shall realize by acceptance of its Offer. Offeror is encouraged to provide any additional information that is not specifically identified in this Request for Proposal. B. Should any discrepancies be found in or omissions from the specifications, or doubt as to their meaning, Offeror shall at once notify the University in writing. The University shall issue written instructions or addenda, as required, to all Offerors. The University shall not be responsible for any/all oral interpretations. 2. TERM A. The initial term of a resulting Contract shall be one (1) year, from date of award, with an option to renew four (4) additional one- (1) year periods with a total term not to exceed five (5) years. 3. OFFEROR’S QUALIFICATIONS/EXPERIENCE A. Offeror shall provide a corporate history/management summary and evidence that the firm and/or its officers have been engaged for a minimum of three (3) years in providing similar products and services as described herein. Offeror shall describe their firm’s growth for the past three (3) years. B. Offeror shall describe any restructuring, mergers, and/or downsizing that has occurred over the past three (3) years or is anticipated in the next two (2) years. If selected for negotiations, Offeror shall provide the last two (2) years of audited financial statements. C. Offeror shall describe the material issues of any current patent or copyright lawsuits or legal actions against your firm including, but not limited to, parties of dispute, description of technology involved, equipment affected, jurisdiction, and date of legal complaint. D. Offeror shall detail their experience with similar/like projects. 4. PROJECT RESOURCES A. Offeror shall provide sufficient personnel, knowledge, and experience that shall provide the University with the level of professionalism and coverage for the requested goods and/or services. 13
  13. 13. B. Offeror shall provide a list of proposed personnel that shall be assigned to this project with resumes specifying qualifications and relevant experience. Offeror shall describe how account representatives or key personnel shall be assigned. C. Offerors that utilize subcontractors in the performance of any Contract resulting from this Request for Proposal shall list and describe the subcontractor’s qualifications and relevant experience. Describe how Offeror shall guarantee subcontractor performance. Offeror may subcontract installation, training, warranty, or maintenance service with prior University authorization. However, the Offeror shall remain solely responsible for the performance of a resulting Contract from this Request for Proposal. All University payments for goods and/ or services shall be made directly to the Offeror. 5. CLIENT REFERENCES A. Offeror shall provide three (3) references, not including Northern Arizona University, identifying firms with requirements similar to those of the University. At a minimum, the name of the firm, contact person, and the telephone number shall be provided. The University reserves the right to contact additional references not provided by Offeror. Preference shall be given for those references, which shall be most similar in profile and type requested. 6. PREFERRED PAYMENT METHOD The University intends to pay for goods and/or services via the Corporate VISA liability card. Describe, in detail, Offeror’s ability to accept and promote this preferred method of payment. 7. GENERAL SPECIFICATIONS A. The University intends to establish a term contract for the provision of tablet class computers at an educational discount. B. Multiple awards may be necessary in order to accommodate the needs of individual departments, applications, matching existing equipment, addressing delivery and/or service variation issues. It shall be the intent of the University to accept Offer(s) from qualified firms that provide Intel based or compatible products, with Original Equipment Manufacturer (OEM) parts, serviced locally by an ISO 9000+ compliant service provider, or at the sole option of the University, by the University’s Information Technology Services (ITS) PC Support Team. C. In addition to the Flagstaff Mountain campus, the University has several statewide locations throughout the State of Arizona. Pricing, warranty, service, and deliveries for the University shall be for all areas throughout the State. D. In addition to the required pricing, Offeror shall submit a sample minimum 14
  14. 14. configuration that shall benchmark all products within a product line being offered. Configurations shall include manufacturer’s names and all specifications, which may include but are not limited to the following: processor, cache, operating system, hard drive, RAM, video, CD-RW, DVD-RW, DVD, sound card, NIC card, modem, built-in wireless. E. All products shall be Desktop Management Interface (DMI) compliant to a minimum version 2.01. A common set of DMI-compliant to PC instrumentation shall support problem detection and notification, problem diagnosis and correction, tracking and logging of problems, and products inventory. Instrumentation shall be standards based so that information shall be accessed from any management application. F. Pricing for product(s) offered as well as product specifications shall be updated no less than four (4) times per year or as MSRP changes, whichever shall be most frequent 8. TECHNICAL REQUIREMENTS A. Products shall be business class tablets with the following features: i) Long product availability cycles ii) Networked manageability – use industry standards to manage setup and maintenance. iii) Managed transitions – know product changes in advance. iv) High performance 9. PERFORMANCE STANDARDS A. In the event of substandard performance, the University shall: i) Require successful Offeror to provide new replacement system(s), at no cost to the University, and require replacement system(s) to cross-ship. B. Products shall be considered functioning in a substandard manner when: i) Over a period of thirty (30) consecutive calendar days there shall be three (3) or more incidents/occurrences of system failure requiring service. ii) If down time equals or exceeds a three (3) working day period in any single occurrence. 10. WARRANTY A. Each product offered shall carry a minimum three (3) year, next-business day parts and labor, on-site warranty. Documentation regarding manufacturer’s warranty or extended warranty shall be provided with Offeror’s response. 15
  15. 15. B. Should a value-added reseller provide additional coverage, warranty information shall also be provided in Offeror’s response. 12. PRODUCT MAINTENANCE/SERVICE A. Offeror shall describe the provisions for warranty and non-warranty service. The products specified in this Request for Proposal shall be dependent upon the availability of prompt professional service from a manufacturer authorized and/or certified service center. Offeror shall have a contract/agreement in place with a service provider certified on each proposed product line or an in- house facility certified for each proposed product line or the provisions that shall allow the University’s Information Technology Services (ITS) Technical Department to be certified on each proposed product. B. Offeror shall describe the minimum qualifications for an on-site service provider. Indicate whether the service shall be contracted to a third party. Provide the name and address of the service provider including provision for the University’s statewide locations. Indicate the number of technicians available that shall provide service, their location(s), experience and relevant qualifications. C. The University’s Information Technology Services (ITS) Department strongly desires to provide certified next-business day warranty service, for tablet pc products to the Mountain Campus community as well as statewide locations. Offeror shall describe services, if any, under a self-maintainer plan as an option. D. Offeror shall describe the provisions for compensating, per incident, the University for warranty services. E. Offeror shall describe the level of technical training that shall be available to the University for warranty service. F. Offeror shall describe any/all certifications required for warranty service. G. Offeror shall describe any/all-associated costs for training and certification for in-house warranty service. H. Offeror shall describe on hand parts inventory, guaranteed and average response times and any other technical assistance available to the University. Offeror shall describe the provisions for pre-positioned parts kits for desktop and server products, which shall be located at the University, to meet the demands of next-business day parts and/or service requirements. Describe how remote parts inventory and/or services shall be utilized. I. Offeror shall maintain a toll-free technical support telephone line. The line 16
  16. 16. shall be accessible to University personnel who wish to obtain competent technical assistance regarding the installation or operation of products furnished by the Offeror. J. Offeror shall describe, in detail, their service escalation process. Offeror shall provide the University with a Service Account Representative identified by name in the Offer and which shall remain dedicated to this project. K. Offer shall include the option of a Tablet loaner program. Offer shall provide the option to cross-ship so that the end-user suffers no downtime. 13. RETURNS A. The University shall invoke a “Total Satisfaction Guarantee” policy. The University shall require a thirty- (30) day, “No Questions Asked” return policy. The thirty- (30) days shall initiate from the date received by the University. B. Offeror shall describe, in detail, their return policy. 14. DOCUMENTATION A. Offeror shall, upon delivery, make available to the University all documentation necessary for the operation and installation of configured products. An installed specific, custom configuration list shall be available on the Offerors web support page for each system, stating system specifications such as CPU, memory and drives, the specific driver versions originally installed on that system, any other peripheral installed devices, and a list of the operating system and any software applications. 15. SUBSTITUTIONS A. Offeror may offer product substitutions either to the internal system components, options or external peripherals provided the substitute item(s) shall be of equal or better-technology at the same or lower price. Offeror shall be responsible for quoting the most current products available. All substitutions shall be specified on the quote(s) and shall be authorized by the University. Authorization for substitution(s) shall be prior to product delivery. 16. PRODUCT DELIVERY A. Offeror shall describe their delivery services to the University. B. Offeror shall ship all products F.O.B. destination, No Freight Allowed. Title to products shall pass to the University at the University’s dock or specified delivery address. The University shall have thirty (30) days, from the date of receipt, to accept the product or return product. All shipment of products shall be by 3-5 day ground shipment. 17
  17. 17. C. Offeror shall assist the University in expediting the processing of claims and replacement for lost or damaged product(s). D. Should the University not accept any product and returns said product to the Offeror, all related documentation furnished by the Offeror shall be returned. The Offeror shall bear the risk of loss or damage with respect to returned products except for loss or damage directly attributable to the negligence of the University. 17 PRICE GUARANTEES A. The University shall pay the lower of published prices contained in the proposed University’s educational discount pricing or an announced promotion price, general price reduction price, or negotiated volume purchase (large order) price. B. Volume Purchases: Large orders shall be defined as an order consisting of a minimum quantity of thirty (30) systems, same configuration and/or a total purchase price of $36,000.00 (minimum). 18 PAYMENT A. Does Offeror offer prompt payment discounts? If so, describe. B. In the event of a price decrease, after receipt of an order, and prior to product shipment, the University shall be billed at the lower price. 19 WEBSITE A. Offeror shall develop, maintain, and support an Internet web site for access to the Offeror’s catalog, configuration assistance, product description, product specifications, and other aides. The web site shall be tailored to meet the needs of the University including, but not limited to, products offered, specifications, and University’s discounted pricing. In addition, Offeror shall describe, in detail, the ability to provide electronic commerce assistance (end-to- end) for the electronic submission of purchase orders, purchase order tracking, receiving, electronic payment means, and reporting. 20 QUALITY ASSURANCE PLAN A. Offeror shall formulate a Quality Assurance Plan that shall detail the methods by which the Offeror shall guarantee ordering, delivery, and general supply of equipment and/or services to the University in a correct and timely manner. 21 ADDITIONAL SERVICES 18
  18. 18. A. Offeror shall describe, in detail, and list associated costs for additional goods and/or services available to the University but not necessarily addressed. The University shall determine which additional service options shall be most beneficial from both a cost and service standpoint, and may further negotiate these options to include or omit dependent on the needs of the University. 22 EVALUATION PRODUCTS AND OPTIONAL SITE VISITS A. The University may request products be submitted for evaluation. Additionally, the University may also elect to conduct site visits at the distributor, provider or manufacturer’s site as appropriate. Costs associated with the site visits shall be the responsibility of the University. B. Offerors may submit equipment examples for evaluation. These shall be submitted with Offer. Such evaluations shall be used solely for the purpose of evaluating equipment or as a value-added service within the scope of a catalog submission. In the case of receipt of a unique piece of demonstration loaner equipment, the University reserves the right to request similar demonstration of loaner equipment of Offerors who have not submitted such equipment for the purposes of conducting a fair comparison. 19
  19. 19. SECTION F TERMS AND CONDITIONS Offers that shall be contingent upon any changes to these mandatory terms and conditions may be deemed non-responsive and may be rejected. 1. Remedies and Applicable Law. This Contract shall be governed by and construed in accordance with the laws of the State of Arizona. The University and Offeror shall have all remedies afforded by said law. 2. Interpretation-Parol Evidence. This writing shall be intended by the parties as a final expression of their Contract and shall be intended also as a complete and exclusive statement of the terms of their Contract. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this Contract, the definition contained in the Code is to control. 3. Contract Claims and Controversies. All Contract claims and controversies arising under this Contract shall be resolved pursuant to Arizona Board of Regents procurement procedures, Section 3-809, in particular Section 3-809C. 4. Equal Opportunity Clause. The provisions of Section 202 Executive Order 11246.41, C.F.R. §60-1.4.41, C.F.R. §60-250.4 and 41, and C.F.R. §60-741.4 shall be incorporated herein by reference and shall be applicable to this Contract unless this Contract is exempted under the rules, regulations or orders of the Secretary of Labor. 5. Non-Discrimination. During the performance of this Contract, the Offeror agrees not to discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin, or because he or she has a physical or mental handicap, or because he or she is a disabled veteran or a veteran of the Vietnam era. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The parties agree to comply with Arizona Executive Order 99-4, prohibiting discrimination in employment by government Contractors, to the extent applicable to this Contract. 6. Indemnification. Offeror shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) 20
  20. 20. from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Offeror or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such Offeror to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Offeror from and against any and all claims. It is agreed that Offeror shall be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Offeror agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from services performed by the Offeror for the State of Arizona. 7. Labor Disputes. Offeror shall give prompt notice to the University of any actual or potential labor dispute which delays or may delay performance of this Contract. 8. Force Majeure. Neither party shall be held responsible for any losses resulting if the fulfillment of any terms or provisions of this Contract are delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, said party is unable to prevent. 9. No Waiver. No waiver by the University of any breach of the provisions of this Contract by the Offeror shall in any way be construed to be a waiver of any future breach or bar the University's right to insist on strict performance of the provisions of the Contract. 10. Modifications. This Contract shall be modified or rescinded only by a writing signed by both parties or their duly authorized agents. 11. Assignment-Delegation. No right or interest in this Contract shall be assigned or delegation of any obligation made by Offeror without the written permission of the University. Any attempted assignment or delegation by Offeror shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 12. Assignment of Anti-Trust Overcharge Claims. The parties recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by the ultimate purchaser; therefore, Offeror hereby assigns to the Arizona Board of Regents any and all claims for such overcharges. 21
  21. 21. 13. Cancellation for Lack of Funding. This Contract may be canceled without any further obligation on the part of the Arizona Board of Regents and Northern Arizona University in the event that sufficient appropriated funding is unavailable to assure full performance of the terms. The Offeror shall be notified in writing of such non- appropriation at the earliest opportunity. 14. Cancellation of State Contract. In accordance with A.R.S. §38-511, this Contract may be canceled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the University shall, at anytime while the Contract or any extension of the Contract shall be in effect, be an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 15. Cancellation for Conflict of Interest. The parties agree that this Contract may be canceled for conflict of interest in accordance with A.R.S. §38-511. 16. Termination. The University may by written notice, stating the extent and effective date, terminate this Contract for convenience in whole or in part, at any time. The University shall pay the Offeror as full compensation for performance until such termination: (1) the unit or pro rata Contract price for the delivered and accepted portion; and (2) a reasonable amount, not otherwise recoverable from other sources by the Offeror as approved by the University, with respect to the undelivered or unacceptable portion of this Contract, provided compensation hereunder shall in no event exceed the total Contract price. 17. Termination for Default. In the event that the Offeror shall fail to maintain or keep in force any of the terms and conditions of this Contract, the University may notify the Offeror in writing of such failure and demand that the same be remedied within ten (10) days. Should the Offeror fail to remedy the same within said period, the University shall then have the right to terminate this Contract. 18. Insolvency. The University shall have the right to terminate this Contract at any time in the event the Offeror files a petition in bankruptcy, or is adjudicated bankrupt; or if a petition in bankruptcy is filed against the Offeror and not discharged within thirty (30) days; or if the Offeror becomes insolvent or makes an assignment for the benefit of its creditors or an arrangement pursuant to any bankruptcy law; or if a receiver is appointed for the Offeror or its business. 19. Anti-Kickback. In compliance with FAR 52.203-7, the University has in place and follows procedures designed to prevent and detect violations of the Anti-Kickback Act of 1986 in its operation and direct business relationships. 20. Gratuities. The University may, by written notice to the Offeror, cancel this Contract if it is found by the University that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Offeror, or any agent or representative of the Offeror, to any officer or employee of the State of Arizona with a view toward securing a Contract or securing favorable treatment with respect to the 22
  22. 22. awarding or amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is canceled by the University pursuant to this provision, the University shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Offeror in providing such gratuities. 21. Inspection and Audit. All books, accounts, reports, files, and other records relating to this Contract shall be subject at all reasonable times to inspection and audit by the Arizona Board of Regents, Northern Arizona University, or the Auditor General of the State of Arizona, or their agents for five (5) years after completion of this Contract. Such records shall be produced at Northern Arizona University, or such other location as designated by Northern Arizona University, upon reasonable notice to the Contracting party. 22. Insurance Requirements. Offeror shall provide Northern Arizona University with a Certificate of Insurance prior to the commencement of services/contract. The Certificate of Insurance shall be from an insurance carrier lawfully authorized to do business in the State of Arizona, and rated at least an A-, VII (7) in the current AM BEST KEY RATING GUIDE. The Certificate shall include the following m minimum insurance coverages: Commercial General Liability of $1,000,000 minimum combined single limit (SCL) each occurrence and $2,000,000 general aggregate, to include the following: Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage. General Aggregate $2,000,000 Products - Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability - Written and Oral $1,000,000 Fire Legal Liability $ 50,000 Each Occurrence $ $1,000,000 Commercial Automobile Liability of $1,000,000 minimum combined single limit (SCL) each occurrence, to include either “ANY AUTO” or “ “SCHEDULED, HIRED, OWNED, NON-OWNED AUTOS”. Workers' Compensation coverage for all employees which meets Arizona statutory benefits; including Employers Liability with minimum limits of $500,000 each accident, $500,000 each employee/disease, $1,000,000 p policy limit/disease. Additional insured is not required. If designated as a Sole Proprietor with no employees, the State of Arizona (ARS §23-901, ARS §23-961A) requires submittal of a written Sole Proprietor Waiver. The waiver document is Form #spw/1 and can found at http://www.azrisk.state.az.us/Forms/sole_prop.pdf. 23
  23. 23. Certificate Holder: Northern Arizona University shall be named as the t certificate holder. Additional Insured: The certificate shall name Northern Arizona University, The Arizona Board of Regents, and The State of Arizona as additional insured o on General and Automobile Liability. Primary Coverage: The following statement shall be included - "The coverage afforded under this certificate shall be primary and any insurance carried by Northern Arizona University, The Arizona Board of Regents, or the State of Arizona shall be excess and not contributory insurance to that provided b by the named insured." Waiver of Subrogation: Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. The waiver of subrogation applies to Commercial General Liability, Professional Liability, a and Workers’ Compensation. The following statement shall be included: Coverage afforded under these policies will not be canceled, terminated, or materially altered until 30 days p prior written notice has been given to Northern Arizona University. Description of activity/property/contract at Northern Arizona University. 23. M N/A Package Goods. Offeror shall package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Offeror's name and address; (b) University’s name, address and purchase order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) The number of the container bearing the packing slip. Offeror shall bear cost of packaging unless otherwise provided. 24. M N/A Shipment Under Reservation Prohibited. Offeror shall not be authorized to ship the goods under reservation and no tender of a bill of lading shall operate as a tender of the goods. 25. M N/A Liens. All goods delivered and labor performed under this Contract shall be free of all liens and, if the University requests, a formal release of all liens shall be delivered to the University. 26. M N/A No Replacement of Defective Tender. Every tender of goods shall fully comply with all provisions of this Contract as to time of delivery, quantity, quality, and the like. If a tender is made which does not fully conform, this shall constitute a breach and Offeror shall not have the right to substitute a conforming tender. 24 2
  24. 24. 27. M N/A Title And Risk Of Loss. The title and risk of loss of the goods shall not pass to the University until the University actually receives the goods at the point(s) of delivery. Prices shall be F.O.B. Destination. Offeror shall retain title and control of all goods until they are delivered, received and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Offeror. The Offeror shall file all claims for visible and concealed damage. The University shall notify the Offeror promptly of any damaged goods and shall assist the Offeror in arranging for inspection. Notice of rejection may be made to the Offeror at any time within one month after delivery has been made. When supported by a written statement from the University, the Offeror shall not dispute its claims of damage. 28. M N/A Right of Inspection. The University shall have the right to inspect the goods at delivery before accepting them. 29. M N/A Warranties. In addition to any implied warranties, Offeror warrants that the goods furnished shall conform to the specifications, drawings, and descriptions listed herein, and to the sample or samples furnished by the Offeror, if any. In the event of a conflict between the specifications, drawings, and description, the specifications shall govern. 30. Sales and Use Tax. The Offeror shall comply with and require all of his subcontractors to comply with all the provisions of the applicable state and sales excise tax law and compensation use tax law and all amendments to same. The Offeror further agrees to indemnify and save harmless the University, of and from any and all claims and demands made against it by virtue of the failure of the Offeror or any subcontractor to comply with the provisions of any or all said laws in amendments. The University is not exempt from state sales excise tax and compensation use tax. 31. M N/A Furnish and Install. The items in this Contract shall be provided on an Offeror furnish and install basis. Offeror shall have complete responsibility for the items or products until they are in place and working. Any special installation preparation and requirements shall be submitted to the University. All transportation and coordination arrangements shall be the responsibility of the Offeror. Delivery of products shall be coordinated so that products shall be delivered direct to the installation site. This shall minimize the risk of loss and/or damage and shall avoid double handling. 32. Changes. Within the limits allowed by law, Offeror agrees that the University may order additional services, or make changes by altering, adding to, or deducting from the proposed services, the Contract sum being adjusted accordingly, and Offeror shall enter into a modification of the Contract to reflect said changes. 33. Installment Payment Contract. The University is precluded from entering into an installment Contract unless such Contract can be canceled for non-allocation of funds at the end of any fiscal year, at no penalty to the University. If funds shall not be allocated for this Contract for periodic payment in any future annual fiscal period, following the University’s formal request for funds, the University shall not be obligated to pay the 25
  25. 25. net remainder of agreed to consecutive periodic payments remaining unpaid beyond the end of the then current fiscal year. The University agrees to notify the Offeror of such non-allocation at the earliest possible time. No penalty shall accrue to the University in the event this provision shall be exercised. This provision shall not be construed so as to permit the University to terminate this Contract in order to acquire similar goods and/ or services from another party. 34. M N/A Price Adjustment. Price changes shall only be considered at the end of one Contract period and the beginning of another. Price change requests shall be supported by evidence of increased costs to the Offeror. The University shall not approve price increases that shall merely increase the gross profitability of the Offeror at the expense of the University. Price change requests shall be a factor in the Contract extension review process. The University shall determine whether the requested price increase or an alternate option shall be in the best interest of the University. 35. M N/A Fixed Escalation Clause. Offeror shall certify a fixed maximum percentage of escalation of costs of goods and/or services for a period of five (5) years following expiration of warranty. Cost shall not exceed five (5) % per year or Consumer Price Index (CPI), whichsoever is less. 36. M N/A Liquidated Damages. The University and the Offeror agree that in the event that the Offeror fails to perform under this Contract, the University shall be damaged. The extent of the damage is very difficult to calculate. Therefore, the Offeror agrees to pay the University liquidated damages if the agreed upon delivery and installation dates shall not be met. The liquidated damages shall be 5% of the total Contract price per day after the agreed upon completion date, not to exceed a total of 100% of the total Contract price. 37. Invoices. Invoices covering each delivery shall be mailed to Accounts Payable once a month. Invoices shall be for all items delivered within the month. The intent shall be to receive one (1) monthly billing. All invoices shall reference the purchase order number and the Contract. 38. Payment. Payment shall be subject to the provisions of Title 35 of Arizona Revised Statutes relating to time and manner of submission of claims. The University's obligation shall be payable only and solely from funds appropriated for the purpose of the Contract. 39. M N/A Personnel. Employees of the Offeror assigned to the project and identified by name in the Contract shall remain dedicated to this project. Personnel changes shall be permitted only with prior notification and approval of the University. 40. Independent Contractor. It shall be understood that Offeror shall operate as an Independent Contractor, not as an employee or agent of the University. 41. Advertising/Publishing. Offeror shall not advertise or publish, without the University’s prior consent, the fact that the University had entered into this Contract, 26
  26. 26. except to the extent necessary to comply with proper request for information provided by appropriate statues. 27
  27. 27. SECTION G EVALUATION CRITERIA It shall be the University’s intent to select the Offer, which appears to be the most favorable in all respects, including, but not limited to scope, availability of services offered, and price. Offer shall be evaluated on the information requested below, and shall be listed in order and index tabbed to match: 1. Completed and signed Request for Proposal Certification (refer to Section K). Disqualified if not present. 2. Offeror’s Qualifications and Experience: Demonstrated knowledge, qualifications, and experience to accomplish the requirements and the ability to satisfy all components specified herein (refer to Section E). 15% 3. Project Resources: Description of key project personnel. 10% 4. Client References. 5% 5. A detailed technical Offer including, but not limited to, clarity and reasonableness of proposed method of accomplishing the requirements and the ability to satisfy all components specified herein (refer to Section E). 20% 6. Additional Services offered. 10% 7. Exceptions to the Terms and Conditions of the Request for Proposal (refer to Section F). 10% 8. Pricing Proposal (refer to Section I). 20% 9. Overall responsiveness to Request for Proposal. 10% 28
  28. 28. SECTION H PRE-PROPOSAL CONFERENCE No Pre-Proposal conference shall be held. 29
  29. 29. SECTION I PRICING PROPOSAL BASIC CONFIGURATION: • 1.2 Ghz processor • 12.1” or greater SXGA+ screen • PCMCIA slot • USB 2.0 • Modem • Ethernet • Wireless 802.11b or better • VGA out • 512 MB RAM (expandable to 1GB) • 40 - 60 GB Hard drive (specify RPM) • Scroll button, Cltr-Alt-Del, while in tablet mode List Price: %Discount Offered: Unit Cost: Basic Slate $ % $ ____ Basic Notebook $ % $ ____ MID-RANGE CONFIGURATION: • 1.5 Ghz processor • 12.1” or greater SXGA+ screen • PCMCIA slot • USB 2.0 • Modem • Ethernet • Wireless 802.11b or better • VGA out • 1 GB RAM • 60 - 80 GB Hard drive (specify RPM) • Built-in keyboard • Scroll button,Cltr-Alt-Del, while in tablet mode • Built in Bluetooth List Price: %Discount Offered: Unit Cost: Mid-Range Slate $ % $ ____ Mid-Range Notebook $ % $ ____ HIGH-RANGE CONFIGURATION: • 1.8 Ghz processor (or better) • 12.1” or greater SXGA+ screen • CDRW/DVD drive • PCMCIA slot • USB 2.0 (two or more) • Modem • Ethernet • Wireless 802.11g 30
  30. 30. • VGA out • 1.5 GB RAM • 80 - 100 GB Hard Drive (specify RPM) • Built-in keyboard • Scroll button,Cltr-Alt-Del, while in tablet mode • CF or SD card reader (optional) • Built in Bluetooth List Price: %Discount Offered: Unit Cost: High-Range Slate $ % $ ____ High-Range Notebook $ % $ ____ ADDITIONAL DESIRED FEATURES: • 2 Ghz processor (or better) Price:__________ • 14.1” or larger daylight screen Price:__________ • 2 GB RAM Price:__________ • Second battery add-on pack or multi-bay Price:__________ • DVD writer Price:__________ 31
  31. 31. SECTION J ON-SITE DEMONSTRATION The University, at its sole option, may request the Offeror to participate in an on-site demonstration of their proposed solution. Offeror shall be prepared to demonstrate their proposed solution to a University evaluation committee. Scheduling dates and times for the demonstration shall be the responsibility of the University’s Purchasing Services. 32
  32. 32. SECTION K REQUEST FOR PROPOSAL CERTIFICATION Date:       Purchasing Services Northern Arizona University The undersigned certifies that to the best of his/her knowledge (check one): There is no officer or employee of Northern Arizona University who has, or whose relative has, a substantial interest in any Contract award subsequent to this Request for Proposal. The names of any and all public officers or employees of Northern Arizona University who have, or whose relative has, a substantial interest in any Contract award subsequent to this Request for Proposal are identified by name as part of the submittal. The undersigned further certifies that their firm (check one) IS or IS NOT currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agrees to notify the University of any change in this status, shall one occur, until such time as an award has been made under this procurement action. In compliance with Request for Proposal Number: P07GB002 and after carefully reviewing all the terms and conditions imposed therein, the undersigned agrees to furnish such goods and/or services in accordance with the specifications/scope of work according to the Offer submitted or as mutually agreed upon by subsequent negotiation. Signed : By (print name): Firm : Title : Address : Phone Number : 33
  34. 34. VENDOR INFORMATION Purcha sing Substitute W-9 Service s This document created in Word 2000. Tab through fields. Shift + Tab to reverse. Press the spacebar to check or uncheck a box ( FEIN:       SSN:   -  -      1 ) B.PURCHASE ORDER ADDRESS REMIT ADDRESS (If different than order address) Name             Address Line 1             Address Line 2             City             State             Zip plus four             Contact name             Phone number             Fax Number             Arizona Tax License Number:       Organization Structure (Limit selection to one type) Individual/Sole Proprietor Corporation Government Agency Non-Profit Agency Partnership Public Utility Small business/Minority Business Ownership: (Limit selection to one type) Non-Small/Non- Small Business/Woman Disabled-Minority Women Owned Business Minority/Non-Disabled Owned Owned Business Owned by Disabled Small Business (Per ARS § Small Business/Disabled Disabled-Woman Owne Individual (Per ARS § 41-1001.19) Owner Business 41-14925.5)) Minority Owned Business Small Business/Minority Minority-Woman Owned Disabled-Minority- (Per 15 CFR 1400.2(a)) Owned Business Woman Owned business Small Business/Minority- Small Business/Disabled- Small Business/Disabled- Woman Owned Minority Owned Minority-Woman Owned Applicant Certification, under penalties of perjury, I certify that: A. THE NUMBER SHOWN ON THIS FORM IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER. B. I AM NOT SUBJECT TO BACKUP WITHHOLDING. C. I AM A U.S. PERSON. Name:       Signature: _________________________________________ ____________________________________________ 35
  35. 35. Title:       Date:       __________________________________________ ___________________________________________ Northern Arizona University is an Equal Opportunity/Affirmative Action Institution 36