0OLD DOMINION UNIVERSITY REQUEST FOR PROPOSALS SEALED - RFP #12-221-0013-KMH Title: Housing Services Software Issue Date: January 4, 2012 Pre-Proposal Conference Date: January 18, 2012 @ 11:00 a.m. Due Date and Time: January 31, 2012, Due NLT 2:00 PM, Procurement Services (mailed or hand delivered to the Issuing Agency) Commodity Code: 20800, 20900, 92000, 92003, and 98574 Issuing Agency: Old Dominion University Procurement Services, Suite 111 4401 Powhatan Avenue Norfolk, Virginia 23529-0308 Period of Contract: Upon Contract Execution through June 30, 2014 with Five 1 Year Renewal Periods SEALED PROPOSALS will be received in the issuing agency office above until January 31, 2012 NLT 2:00 PM local time. The University is not responsible for late delivery by U. S. Postal mail or other couriers. Pre-Proposal Conference-Optional-Please refer to Page 13, Section M, for the Pre-Proposal specifics. All inquiries for information regarding this Request for Proposals should be directed to Harry R. Smithson, Jr., CPPO, VCCO, VCO, Procurement Services Manager at [email protected]. In compliance with this Request for Proposal and to all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. Name and Address of Firm: Date: ____________________________________ _________________________________________ By: ______________________________________ Signature ____ Name: ___________________________________ Typed or Printed (Name and Title) ____ Phone #: __________________________________ FEI/FIN #: _________________________________ Fax #: _____________________________________ E-mail address: ______________________________ Are you or your company registered with eVA? Yes No Are you or your firm certified through the Commonwealth’s Department of Minority Business Enterprise? Yes No If yes, please indicate the following: 1
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0OLD DOMINION UNIVERSITYREQUEST FOR PROPOSALS
SEALED - RFP #12-221-0013-KMH
Title: Housing Services Software
Issue Date: January 4, 2012
Pre-Proposal Conference Date: January 18, 2012 @ 11:00 a.m.
Due Date and Time: January 31, 2012, Due NLT 2:00 PM, Procurement Services (mailed or hand delivered to the Issuing Agency)
Commodity Code: 20800, 20900, 92000, 92003, and 98574
Issuing Agency: Old Dominion UniversityProcurement Services, Suite 1114401 Powhatan AvenueNorfolk, Virginia 23529-0308
Period of Contract: Upon Contract Execution through June 30, 2014 with Five 1 Year Renewal Periods
SEALED PROPOSALS will be received in the issuing agency office above until January 31, 2012 NLT 2:00 PM local time. The University is not responsible for late delivery by U. S. Postal mail or other couriers.
Pre-Proposal Conference-Optional-Please refer to Page 13, Section M, for the Pre-Proposal specifics.
All inquiries for information regarding this Request for Proposals should be directed to Harry R. Smithson, Jr., CPPO, VCCO, VCO, Procurement Services Manager at [email protected].
In compliance with this Request for Proposal and to all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.
Name and Address of Firm: Date: ____________________________________
VII. PROPOSAL PREPARATION AND SUBMISSIONREQUIREMENTS PAGE 15
VIII. CONTRACT PRICING PAGE 16
IX. METHOD OF PAYMENT PAGE 17
ATTACHMENTS:
A. CONTRACTOR DATA PAGE 18
B. CONFLIC OF INTEREST STATEMENT PAGE 19
C. PAST SWAM REPORTING/PARTICIPATION PAGE 20
D. PLANNED SWAM PARTICIPATION PAGE 21
E. SUBSTITUTE W-9 FORM PAGE 22
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I. PURPOSEThe purpose of this Request for Proposal (RFP) is to solicit through competitive negotiations, sealed proposals from a qualified firm to establish an exclusive contract to provide implementation and support for Housing Services Software, related installation, integration and preferred on-site training or web-based training services for the Office of Housing and Residence Life at Old Dominion University, hereinafter referred to as “Housing and Residence Life”.
II. BACKGROUNDA. Campus and Community
Old Dominion University, located in the City of Norfolk in the metropolitan Hampton Roads region of coastal Virginia, is a dynamic public research institution that serves its students and enriches the Commonwealth of Virginia, the nation and the world through rigorous academic programs, strategic partnerships, and active civic engagement. ODU has approximately 24,000 students with approximately 4,600 of them living on campus. These students live in suite-style or apartment complexes. The Office of Housing & Residence Life has (3) departments: Housing Services, Business Operations and Residential Education. The contract for the current housing management system has expired after four (4) years. The Office of Housing & Residence Life needs a housing system that can deliver the most current technology to aid in our ability to deliver accurate and timely information to other University departments and students. The University has numerous systems that may be considered for integration most critical is the BANNER ERP System.
B. Current Contract Housing and Residence Life currently uses Residential Management System (RMS), Version 5.3.008. The contract has been in use since Fall 2007. RMS is the main database for housing services student data, room and meal assignments (self-selection; applications; and auto allocation) and reporting for the residential population. The data collected from the student applications includes demographic information (parent contact information, allergies, cell phone numbers, criminal background, etc.). Similar data, such as student housing applications, housing assignments and meal plans as well as personal demographic information (parent contact information, allergies, cell phone numbers, criminal background, etc.) are stored in RMS.
C. Good-Faith Small, Woman and Minority (SWAM) Owned Business Participation Efforts:1. The University is committed to (a) achieving the University of Virginia’s aspirational goal of forty percent (40%) SWAM
participation for combined prime Contractor and sub Contractor spend, and (b) increasing participation of Department of Minority Business Enterprise (DMBE) Certified (i) small businesses, (ii) small woman-owned businesses, (iii) small minority-owned businesses, and (iv) businesses owned by service disabled veterans. The University also encourages Offerors to provide for participation of small businesses, businesses owned by women and minorities, and businesses owned by disabled veterans through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses, and plans for involvement on this contract are required. By submitting a response, Offeror certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in response being deemed non-responsive, and ultimately rejected.
2. While it is the University’s intent to enter into an exclusive agreement with one Offeror, whenever possible, all potential Offerors are encouraged to subcontract any applicable services by partnering with qualified vendors that have also been certified as small, small woman-owned, small minority-owned, or service disabled veteran owned businesses through the University of Virginia’s Department of Minority Business Enterprise (DMBE).
3. In order for Offerors to be given consideration for award of a contract, each Offeror shall provide with their response (and/or no later than ten (10) business days after solicitation closing date and time), such statement(s) setting forth:a. The good faith SWAM owned business participation efforts which the Offeror has undertaken in the past: andb. The good faith SWAM owned businesses participation efforts which the Offeror intends to undertake in connection with
the performance of this contract; including name of firm, contact name and phone number, total dollar amount to be subcontracted, category type (small, women, or minority owned), type of product/services.
4. If, in the statement submitted in the response to subsection (a) and (b), the Offeror indicates that it has not undertaken any good faith SWAM business participation efforts in the past and/or does not intend to undertake any such efforts in connection with the performance of this contract, the Offeror must also submit a statement setting forth the reason why it has not undertaken such efforts in the past and/or does not intend to undertake them in connection with the performance of this contract.
5. Any Offeror that can qualify for certification through DMBE must do so prior to the award of any contract. The qualification information shall be evidenced by that information specified in the Offerors completed and submitted W-9 form.
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6. If selected Offeror does not qualify for DMBE certification, same shall be required to provide quarterly reports to the University’s Contract Administrator. The reports shall identify if and when applicable, the sub-Contractors used during the performance of any subsequent contract, as follows:a. For DMBE Certified sub-Contractors, quarterly reports verifying (i) those DMBE certified sub Contractors being used, (ii)
scope of goods and/or services being provided, (iii) payments to subcontract vendor(s) for current quarter and year-to-date totals, and (iv) percentage of same payments related to “overall” contract totals for current quarter and year-to-date totals; and
b. For non DMBE Certified sub-Contractors providing services for contracts that exceed $200,000, quarterly reports verifying (i) non-certified sub-Contractors being used, (ii) scope of goods and/or services being provided, (iii) payments to subcontract vendor(s) for current quarter and year-to-date totals, and (iv) percentage of same payments related to “overall” contract totals for current quarter and year-to-date totals.
Note: Failure to provide the quarterly reports as requested will result in non-payment to Contractor for any services provided and invoiced during that period, shall remain unpaid until such reports are provided, and unless provided will be considered a breach of contract.
III. STATEMENT OF NEEDS:A. General Requirements
Contractor should provide a web-based technology solution for Housing and Residence Life. Proposed solution should meet the University’s needs for assistance with Housing Services student data, as required and specified herein. Response should include plans for setup (including necessary hardware if on-premise), implementation and training and a five year maintenance plan. The maintenance costs should be a firm, fixed price for the first five (5) years.
B. Specific RequirementsAll Offerors shall submit for evaluation the requested information, as follows:
1. Application Functionality:1.1 Describe the features, functionality and ease of use of the proposed Housing Software System.1.2 Describe the different modules available that may be of interest to the other departments in Housing & Residence Life.1.3 Can the end user create user accounts; create/edit group permissions, and deactivate/delete/archive user accounts?1.4 Can the solution archive old data?1.5 Does the solution allow the end user to search for a resident by name, ID number, application number, or application period?1.6 Can the end user manually create an application and contract?1.7 Can the end user edit an existing booking?1.8 Can the end user define fields within the application?1.9 Can the end user create multiple unique applications that can be active simultaneously?1.10 Describe the extent to which a user can configure or customize screens, reports, and forms.1.11 Can the end user modify ALL fields and panel labels in both the administrative environment and end user environment?1.12 Describe the ability to add custom fields. Describe any associated costs.1.13 Describe the capability to track customizations made to the system.1.14 Describe the process for which end users go about filling out an online application.1.15 Describe the capability for end users to view and electronically sign an online contract.1.16 Describe the capability for end users to select an area, building, and room.1.17 Describe the capability to assigning lottery numbers.1.18 Describe the automatic room assignment function.1.19 Describe the roommate matching process, including the development of the preference form.1.20 Describe the system’s ability to integrate with social media platforms.1.21 Describe how documents such as the housing contract can be uploaded to the system.1.22 Does the solution use maps, videos, and other media presentations to display buildings/areas? 1.23 Describe how room setups are done and how they can be changed (gender, capacity, etc.) and how they are setup or modified
by term or by date.1.24 Describe how records of historical room configurations are maintained.1.25 Describe how room features (ADA, private bath, etc.) are tracked.1.26 Describe how resident university ID cards can be utilized for an electronic check-in and check-out process.1.27 Describe in a non-technical approach how the system interfaces with Banner ERP in the areas noted below.
a. Student Datab. Resident Contracts c. Resident Assignmentsd. Financialse. Meal Plans
1.28 Is the system’s financial interface date or term based? If date based, what method(s) can be used to convert to term/semester in order to interface with a date/term based system?
1.29 Is the solution capable of managing all financial data/processes/billing? If so, explain capabilities. For example how would financial data be posted to Banner?
1.30 Describe which web browsers are compatible with the system.1.31 Describe which mobile devices are compatible with the system.
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1.32 Describe automated notification and correspondence generation features.
2. Application Technology:2.1 What method(s) of Banner integration is supported? Please describe the process?2.2 Describe how the modules function as an integrated whole and detail any limitations in their ability to function independently
from other modules. 2.3 Describe the application security features for data, for each module, and for the system. Describe all low-level security options as well as any field-level encryption available. 2.4 Describe any transactions or functions that are not done on a real time basis and list batch jobs required for this function. 2.5 Describe how menus are used within the system and if menus are customizable and/or configurable. Define what customizable and configurable mean for your application.2.6 Describe the extent to which the user can configure or customize all forms, reports, input/output screens, formats, etc. to
brand the application for ODU. Define what modifiable, customizable and configurable mean for your application. 2.7 Describe the tools and expertise which university technical staff would use to support, troubleshoot, configure or customize the
application.2.8 Describe workflow functionality included with application and provide a list of any function for which workflow is already built
and delivered. 2.9 Describe other customizations available and associated cost, i.e., hourly and fixed fee.2.10 Describe how configuration and customization will affect future releases of software.2.11 Describe the ability of the solution to interface with our credit card processor TouchNET. 2.12 Describe Contractor’s ability to provide all hardware, software, and services to receive, process, and return Credit Card
payment transactions and electronic check transactions via a link from ODU’s website(s). 2.13 Describe how ODU’s e-mail system would be incorporated with your system’s operation.
3. Reporting: 3.1 Describe the tools used and process for creating, viewing, and printing reports. 3.2 Provide a list of all canned /”out of the box” reports delivered as part of the base product including a short description of each.
Also include a sample of several reports for review. 3.3 Describe how canned/”out of the box” reports can be modified. 3.4 Describe application approach/strategy for reporting including the approach to ad-hoc reporting for power users as well as the
occasional user. 3.5 Describe reporting output formats available. 3.6 Describe the types of reporting that would typically require Information Technology staff support. 3.7 Describe the support for creating new reports.3.8 Describe financial reconciliation process including applicable reports between housing software system and Banner.
4. General: 4.1 Describe typical implementation timeline and project plan and include examples of previously used project plans. 4.2 Describe your approach to test and production environments including licensing requirements and any additional costs. 4.3 Describe how product(s) addresses accessibility to ensure the application is accessible to people with disabilities.4.4 Describe testing for adherence to accessibility guidelines and standards. 4.5 Describe the client manuals, “how to” documents, and Help system(s) and how it can be modified. 4.6 Describe your relationship with the Contractor(s) of any third party tools (i.e. reporting tools, application server and DBMS
Contractors, etc.) included in this proposal including licensing , costs, support for the product(s) and versions (e.g. full or modified).
4.7 ODU is interested in developing a strategic relationship with the successful Contractor. Provide information regarding ideas on how such a relationship can prove mutually beneficial.
4.8 Describe if licensing is based on number of users. 4.9 Describe the models used to obtain numbers both for current and future usage. 4.10 Provide three (3) client accounts you have gained and lost.
5. Technical: 5.1 Provide a detailed diagram of the typical architecture/technical environment required for system. List all protocols and ports
used for communications and indicate which components are clients and which are servers and whether the communications are fully, partially, or not all encrypted. Specify any communications paths where unencrypted authentication or other sensitive data are passed. List all third party dependent integration points and data paths including any web content included from or sent to outside parties.
5.2 Describe the toolset from which your application is derived. 5.3 Describe hardware and software requirements for proposed system(s) along with any sizing assumptions made to arrive at
those requirements. 5.4 Describe supported server hardware platforms. Describe support for the following operating systems: UNIX, Linux, and
Windows. 5.5 Describe support for load balancing and system failover including any and all Contractor specific preferences. Also include any
Contractor specific configuration guides. 5.6 Describe how scalability is accomplished as the criticality of the system(s) and number of users increases.5.7 Describe the system capabilities and options for the backup and restoration of the database.
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5.8 Describe the average client response time for all the various functions of the proposed system. 5.9 Describe services not available during scheduled backups. 5.10 Describe the staffing required by the University to support the system including performing backups, installing new releases,
creating reports, etc. 5.11 Describe any standard and proprietary API’s, integration / connection resources, and development languages and tools that
extend your toolset. 5.12 Describe the client operating system and browser requirements for your toolset. List any additional client-side software
required for development/management of your toolset. Describe any aspects of your application that do not support the Macintosh. Describe any changes to default browser or client security settings. Describe any functionality loss, installation problems, upgrade problems, or other difficulties if client applications are run using a regular user account.
5.13 Describe requirements for application servers. Describe specific platform recommendations or requirements for certified configuration (e.g. Oracle Application Server, WebLogic, and Apache Tomcat) include either specific application server version or required J2EE version.
5.14 Describe support for web servers (i.e. Apache, Weblogic and WebSphere). 5.15 Describe the supported database platforms and include any information on additional features required of the DBMS needed to
support the functionality of your system as proposed. 5.16 Provide an overall compatibility matrix of software required to operate your system. As appropriate, and at a minimum, this
should include operating systems, drivers, browsers, JDKs, and compilers. 5.17 Describe support for real-time access to data through some other method (e.g. on-the-fly access to database through ODBC,
ADO, JDBC, LDAP, etc. allowing dynamic web content and applications). 5.18 Describe support for integration with ODU’s existing systems listed in the background statement including pricing, availability of
API’s, toolkits for creating connectors, available services, etc. Provide a full list of application connectors. Describe any other methods of integration supported.
5.19 Describe support for inclusion of your application as part of the Oracle portal. Describe what portlet is available and how that integration would occur. Describe support for delegating authentication for the portlet to Oracle Application Server Single Sign on Server.
5.20 Describe your product's support for Web Services/Service Oriented Architecture based standards such as JSR 168 Portlet development standard, and JSR 172 Web Services Interoperability Standard.
5.21 Describe the ability for your product to create consumable web standards based content (such as RSS feeds, hcard, ical, and other microformat specifications) and the ability to pull XML based content from your system and any API's supporting the delivery of such data/content.
5.22 Describe storage including file formats. 5.23 Describe technical reporting capabilities. Include the handling of application, operational, content, access, and storage metrics
and the method for obtaining them (e.g. command line tools, SNMP, and GUI.)
6. Security: 6.1 Describe how users and processes are authenticated before gaining access to data and services. Include authentication
between components and between the product and external services. 6.2 Describe use of LDAP(S) for authentication and/or authorization. List the LDAP(S) servers integrated with product(s). Describe
integration and support with LDAP(S) user database for authentication (Netware 6.5/eDir 8.8/Active Directory/OID) and authorization using attributes/group memberships. Describe handling access to licensed content where access must be restricted.
6.3 Is Shibboleth authentication supported?6.4 Describe handling of matching on attributes for authentication and authorization. 6.5 Describe the method(s) and granularity of authorization of access to data and services ( e.g. individual accounts, unix groups,
LDAP groups, Active Directory accounts) 6.6 Describe how and where any sensitive data, including authentication information, is stored on clients, servers, and participating
external devices. Is it cryptographically protected? If so, provide details on cryptographic protocols, procedures, and key protection.
6.7 Describe auditing and logging capabilities and data. Include the information recorded with each event. For example, a. Successful and failed authentication or bind
b. Successful and failed access authorization c. Successful and failed policy change
6.8 Describe the effects of auditing and logging on a production implementation. Is the proposed system sized for full audit capability? Describe auditing methodologies and capabilities for managing integrity and change control. Describe elements captured with the audit process.
6.9 Describe enterprise audit capabilities 6.10 List the events and logs that can be sent to an external syslog server 6.11 List the events and logs that cannot be sent to a syslog server 6.12 Provide up to date, signed documentation that the offered solution and Contractor is compliant with all PCI DSS and PADSS
requirements if applicable.
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7. Hosted Applications: The university occasionally explores opportunities for hosting applications external to the university. If hosting is an option for
this project, please complete the following section. If hosting is not an option, there’s no requirement to respond. 7.1 Describe how applications are secured inside your firewall. 7.2 Describe your approach to applications and how they’re hosted on servers. (Will the ODU application(s) reside on dedicated
servers?) Describe the different levels of security for different application layers. 7.3 Describe the network layer security you provide. 7.4 Describe your methodology for handing patches and software updates. 7.5 Describe your approach to screening employees and the level of experience preferred. 7.6 Describe how you track attacks. Describe your approach to informing ODU about attacks. 7.7 Describe the audit and security infrastructure testing process you utilize and the frequency of those audits/tests. 7.8 Describe your approach to security reviews during each phase of the software development lifecycle. 7.9 Describe your vulnerability response process and patch release strategy. 7.10 Describe how you monitor attack trends in the underground community and consider how those trends affect your software. 7.11 Describe your data center security. Describe what measures are in place to prevent employees from viewing data they are not
authorized to see or outsiders from hacking into the system. 7.12 Describe your approach to data ownership for customer data that resides in your data center. Describe rights around moving
and copying data as well as services you offer to support this type of effort. Describe any exit strategies you offer. 7.13 Describe your approach to backups and disaster recovery.
8. Privacy:8.1 Provide your privacy statement.8.2 Identify the type/specific information being collected (User Date – Anonymous or Personally Identifiable).8.3 Specify who collects the information.8.4 Specify why the information is collected.8.5 Describe how the information is collected (explicitly, via Cookies, via Web Bugs, etc…).8.6 Describe how the information is used.8.7 Specify how long the information is retained.8.8 Describe how the information is stored and kept.8.9 Describe how the information is secured. 8.10 Specify whether you share the information with another party. If information is shared with another party, then respond to
items a. through h below relative to this information.a. Identify the type/specific information being collected (User Date-Anonymous or Personally Identifiable).b. Specify who collects the information.c. Specify why the information is collected.d. Describe how the information is collected (explicitly, via Cookies, via Web Bugs, etc.).e. Describe how the information is used.f. Specify how long the information is retained.g. Describe how the information is stored and kept.h. Describe how the information is secured.
8.11 Specify whether you collect information on ODU or any party related to ODU from third parties. Respond to Items a. through i. below relative to this information.
a. Identify the type/specific information being collected (User Date – Anonymous or Personally Identifiable). b. Specify who collects the information.
c. Specify why the information is collected.d. Describe how the information is collected (explicitly, via Cookies, via Web Bugs, etc.).e. Describe how the information is used.f. Specify how long the information is retained.g. Describe how the information is stored and kept.h. Describe how the information is secured.i. Specify whether you share the information with another party.
8.12 Specify the transaction information collected/maintained.
9. Maintenance and Support: Because consistency and stability of the operating environment and rapid correction of system failures are critical to Old
Dominion University, major consideration will be given to the amount and extent of hardware and software maintenance coverage and to the quality of maintenance.
9.1 Describe the maintenance philosophy including frequency of updates, approach to completing updates, and model for obtaining them. 9.2 Describe capabilities for remote support and indicate what action shall be taken by the University to take advantage of that service. 9.3 Describe maintenance options and whether they vary in cost by time of day, etc. 9.4 Describe services that may be required in the normal course of operating the system that are not covered under the maintenance contract.
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9.5 Describe the maintenance costs for the first year, and, on the basis of an annually renewable contract, the maintenance costs for each of the following five (5) years. 9.6 Describe the procedures for obtaining services for all types of maintenance (e.g., installation of corrective code, enhancements, applicable "escalation" procedures for providing additional assistance in diagnosing a failure that is not resolved in a timely manner to include notification procedures and timing as well as what higher levels of assistance will be made available.) 9.7 Describe the nature of any continuing research and development performed by the manufacturer to detect and correct problems in the system design, to improve efficiency, and/or to enhance the capabilities of the system proposed. 9.8 Describe the procedures followed in distribution of information to Old Dominion University pertinent to system problems encountered at other locations along with the solutions to those problems, when such information is relevant to the University's software. 9.9 Describe procedure for handling upgrades. Specify how often upgrades are made to the application software and how "patches" and "fixes" to the systems are handled. Describe if and how your product impacts our ability to apply security updates in a timely manner to underlying or supporting products (e.g. Windows, Linux, Java, Oracle, MS Office, Web server). Timely is defined as no later than 30 days from time of Contractor release.9.10 Describe the nature of system enhancements in development that are scheduled for release in the next twelve months. 9.11 Describe all responsibilities of both the Contractor and Old Dominion University in the isolation and diagnosis of system failures. 9.12 Describe your "escalation" procedure.
10. Services: 10.1 Describe your training options and include a catalog of training offerings and their associated costs. Response should include differentiation between technical staff and end-user training. 10.2 Describe user discussion groups and how they function. 10.3 Describe services available from your company and/or partners including pricing information that may be included in the final contract. Services that could be included are:
a. Implementation b. Development c. Project Management d. Architecture and Design e. Capacity Planning f. Installation and Configuration g. Performance and Scalability h. Conversion
10.4 Is there an Annual User’s Conference?
C. Utilization of Small Businesses And Businesses Owned By Women And Minorities: The following reports shall be submitted as indicated:
1. Periodic Progress Reports/Invoices: The Contractor(s) shall provide a report on involvement of small businesses and businesses owned by women and minorities on a quarterly basis to the Contract Officer. This report will specify the actual dollars contracted to be spent to date with such businesses, actual dollars expended to date with such businesses, and the total dollars planned to be contracted with such businesses on this contract. This information shall be provided separately for small businesses, women-owned businesses and minority businesses.
2. Final Actual Involvement Report: The Contractor(s) shall submit to the Contract Officer, within 10 days of contract completion, a report on the actual dollars spent with small businesses and businesses owned by women and minorities during the performance of the contract. At a minimum, this report shall include for each firm contracted with and for each such business class (i.e., small, women-owned) a comparison of the total actual dollars spent on this contract with the planned involvement of the firm and business class as specified in the proposal, and the actual percent of the total estimated contract value.
IV. GENERAL TERMS AND CONDITIONS:
A. PURCHASING MANUAL : This solicitation is subject to the provisions of the University of Virginia, specifically § 23-38.90 of the Code of Virginia and its associated Rules Governing the Procurement of Goods, Services, Insurance and Construction (“the
Rules”) and the Purchasing Manual for Institutions of Higher Education and their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is accessible on the Internet at www.odu.edu/procurement under “Information for Vendors”
B. 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 contractor shall comply with all applicable federal, state and local laws, rules and regulations.
C. ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the 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 § 10. of the 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 of the recipients religion, religious belief, refusal to participate in a religions 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. (the Rules §36.E.)
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.
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 the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub Contractor or vendor.
D. ETHICS IN PUBLIC CONTRACTING : By submitting their proposals, Offeror’s certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or sub Contractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this 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.
E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 : By submitting their proposals, Offeror’s 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 1986.
F. DEBARMENT STATUS : By submitting their proposals, Offeror’s certify that they are not currently debarred by the Commonwealth of Virginia from submitting 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.
G. 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.
H. CLARIFICATION OF TERMS : If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective 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.
I. PAYMENT:1. To Prime Contractor:
a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identificationnumber (for proprietorships, partnerships, and corporations).
b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.
c. Each payment shall be accompanied by a detailed statement of its computation and the Contractor shall furnish supporting documentation to the University upon request;
d. All goods or services provided under any subsequent contract or purchase order(s), that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.
e. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.
f. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the
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determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the University of its prompt payment obligations with respect to those charges which are not in dispute (§ 42. of the Rules).
2. To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated:
(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the University for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or
(2) To notify the University and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.
b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the University, except for amounts withheld as stated in (2) above.
c. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the University.
3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.
J.K. PRECEDENCE OF TERMS : Paragraphs A-I of these General Terms and Conditions shall apply in all instances. In the event there is a
conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
L. QUALIFICATIONS OF OFFEROR’S : The University may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods, and the Offeror shall furnish to the University all such information and data for this purpose as may be requested. The University reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The University further reserves the right to reject any proposal if the evidence submitted by, or investigations of such Offeror fails to satisfy the University that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.
M. TESTING AND INSPECTION : The University reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
N. ASSIGNMENT OF CONTRACT : A contract shall not be assignable by the contractor in whole or in part without the written consent of the University.
O. 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. The 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 the 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; orb. 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 University’s right to audit the contractors’ 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 the University with all vouchers and records of expenses incurred and savings realized. The 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 the University within thirty (30) days from the
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date of receipt of the written order from the 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 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 the University or with the performance of the contract generally.
P. DEFAULT : In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, 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 the Commonwealth may have.
Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.
R. INSURANCE : By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. If any subcontractors are involved and only when and if work is to be performed on property owned and/or leased by the University, the subcontractor will have worker’s compensation insurance in accordance with 11-46.3 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the contractor and any subcontractors will maintain this 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:1.Worker's 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 Code of Virginia during the course of the contract shall be in noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. 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.
4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.)
S. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the eVA VBO website for a minimum of 10 days.
T. 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 contractors workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitation 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 sub Contractor or vendor.
For the purposes of this section a drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, 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.
U. NONDISCRIMINATION OF CONTRACTORS: A bidder, Offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability or against faith based organizations. If the award of this contract is to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual , within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.
U. eVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM: The eVA Internet electronic procurement solution, web site portal www.eva.state.va.us, streamlines and automates government purchasing activities in the Commonwealth. The 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 Old Dominion University shall participate in the eVA Internet e-procurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All respondents must be registered in the eVA system solution prior to any award.
There are registration fees and transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Old Dominion University. For registration and technical assistance, reference the eVA website at: [email protected], or call 866-289-7367 or 804-371-2525.
V. SPECIAL TERMS AND CONDITIONS:
A. ADVERTISING : In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to Old Dominion University will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the University or any agency or institution of the Commonwealth has purchased or uses its products or services.
B. AUDIT : The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by Old Dominion University, whichever is sooner. The University, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.
C. AUTHORIZED CONTRACT PARTICIPATION: In accordance with the University’s Rules Governing Procurement of Goods, Services, Insurance and Construction (“Rules Document”), specifically §6, Cooperative Procurement, it is the intent of this solicitation to allow any public body, public or private health or educational institutions, or Old Dominion University’s affiliated agencies and/or corporations, access and use of any subsequent contract(s), as authorized by the Contractor(s).
Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor(s), any resultant contract(s) may be extended to the entities as indicated above to purchase at contract prices in accordance with contract terms and conditions. The Contractor(s) shall notify Old Dominion University in writing of any entities accessing the contract. No modification of this contract or execution of a separate contract is required to participate. The Contractor(s) will provide semi-annual usage reports for all entities accessing the contract(s). Participating entities shall place their own orders directly with the Contractor(s), and shall fully and independently administer their use of the contract(s), including contractual disputes, invoicing and payments, without direct administration from Old Dominion University. Old Dominion University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor(s) to extend participation and use of the contract(s). It is understood and agreed that Old Dominion University is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract(s) no matter the circumstances.
Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.
D. AVAILABILITY OF FUNDS : It is understood and agreed between the parties herein that the University shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.
E. AWARD: Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals.
Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the agency shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror. The University may cancel this Request for Proposals 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 (§49.D Rules).
Should the University determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. 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.
F. ACCEPTANCE PERIOD: Any response to this solicitation shall be valid for (90) days. At the end of the (90) days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is
made or the solicitation is canceled.
G. CANCELLATION OF CONTRACT : The University reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.
H. EXTRA CHARGES NOT ALLOWED : The proposal price shall be for complete installation ready for the University’s use, and shall 12
include all applicable freight and installation charges; extra charges will not be allowed.
I. FINAL INSPECTION : At the conclusion of the work, the Contractor shall demonstrate to the authorized owners representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly
and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.
J. 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 University or to failure of the University to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.
K. PREPROPOSAL CONFERENCE : The purpose of this Optional conference is to allow potential Offerors an opportunity to present questions and obtain clarifications relative to any facet of this solicitation. The PREPROPOSAL CONFERENCE will be conducted at 11:00 AM on January 18, 2012 in the Procurement Services Office Conference Room ‘A’, located at 4401 Powhatan Avenue, Building #5, Suite 111, Norfolk, VA 23529.
While attendance at this conference will not be a prerequisite to submitting a proposal, Offerors who intend to submit a
proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.
Visitor parking passes are required to park on campus and can be obtained from the University Multi-level Parking Garage (at 43rd and Elkhorn Avenue) on the date of the visit, free of charge.
L. IDENTIFICATION OF PROPOSAL ENVELOPE : The signed proposal should be returned in a separate envelope or package, sealed and identified as follows:
From: January 31, 2012 NLT 2:00 PM Local Time Name of Offeror Due Date Time
12-221-0013-KMH Street or Box Number RFP No.
Housing Services Software City, State, Zip Code RFP Title
Name of Contract/Purchase Officer or Buyer Harry R. Smithson, Jr., CPPO, VCCO, VCO, Procurement Services Manager.
The envelope should be addressed as directed on Page 1 of the solicitation. If a proposal not contained in the special envelope is mailed, the Offeror takes the risk that the envelope, 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 proposals should be placed in the envelope.
M. LATE PROPOSALS: To be considered for selection, proposals must be received by the Office of Procurement 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 Office of Procurement. Proposals received in the Office of Procurement after the date and hour designated are automatically disqualified and will not be considered. The University is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra College mail system. It is the sole responsibility of the Offeror to insure that its proposal reaches the Office of Procurement by the designated date and hour. Proposal receipts and openings or the receipt of proposals scheduled during a period of suspended state business operations will be rescheduled for processing at the same time on the next regular business day.
N. LATEST SOFTWARE VERSION: Any software product(s) provided under the contract shall be the latest version available to the general public as of the due date of this solicitation. O. MAINTENANCE COSTS: The cost of maintenance services pecified in the any resulting contract shall not exceed the lesser of the fair market price for like maintenance services or 15% of the quoted contract price.
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P. MAINTENANCE: Upon expiration of the specified warranty period and at the University’s option, the contractor shall provide additional one-year periods of maintenance (including labor, parts, and travel). Maintenance shall not include external electrical work, providing supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not include repairs of damage resulting from: acts of God, transportation between state locations, negligence by state personnel, or other causes not related to ordinary use in the production environment in which installed.
Q. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES SBCONTRACTING AND EVIDENCE OF COMPLIANCE: 1. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the Contractor is encouraged to
offer such business to small, women, and/or minority-owned (SWAM) businesses. If SWAM sub Contractors are used, the prime Contractor agrees to report the use of SWAM sub Contractors by providing the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, category type (small, women, or minority-owned), and type of product/service provided.
2. Each prime Contractor who wins an award in which provision of a small, women or minority-owned (SWAM) procurement plan is a condition of the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from sub Contractor default) with the SWAM procurement plan. When such business has been subcontracted to these firms and upon completion of the contract, the Contractor agrees to furnish the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, category type (small, women, or minority-owned), and type of product/service provided. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate remedies may be assessed in lieu of withholding such payment.
R. PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all sub Contractors that he may utilize, using his best skill and attention. Sub Contractors who
perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his sub Contractors and of persons employed by them as he is for the acts and omissions of his own employees.
S. OFFEROR UNDERSTANDING OF REQUIREMENTS: It is the responsibility of each Offeror to inquire about and clarify any requirements of this solicitation that are not understood. The University will not be bound by oral explanations as to the meaning of specifications or language contained in this solicitation. Therefore, all inquiries deemed to be substantive in nature must be in writing and submitted to the responsible buyer in the Office of Procurement. Offerors must ensure that
written inquiries reach the buyer at least five (5) days prior to the time set for receipt of proposals. A copy of all inquiries and the respective response will be provided in the form of an addendum to all Offerors who have indicated an interest in
responding to this solicitation. Your signature on your proposal certifies that you fully understand all facets of this solicitation. These questions may be sent to the attention of the Procurement Officer, Kwanza M. Hood, [email protected]
T. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the college. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish The University the names, qualifications and experience of their proposed sub Contractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its sub Contractor(s) and shall assure compliance with all requirements of the contract.
U. RENEWAL OF CONTRACT: This contract may be renewed by the University for up to five (5) successive one-year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal. Written notice of the University’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period. If the Univers ity elects to exercise the option to renew the contract for an additional renewal period, the contract price(s) for the succeeding renewal period shall not exceed the contract prices(s) of the previous contract term increased/decreased by no more than the lesser of (1) the percentage increase/decrease of the “Other Services” category of the CPI- W of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available or (2) 5%.
V. WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the University by any other clause of this solicitation. A copy of this warranty should be furnished with the proposal.
W. WARRANTY AGAINST SHUTDOWN DEVICES: The Offeror warrants that any equipment, services or software provided under any resulting contract shall not contain any lock, counter, CPU reference, virus, worm, or other device capable of halting operations or erasing or altering data or programs. Offeror further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the equipment, services or software.
X. WARRANTY OF SOFTWARE: The Offeror warrants the operation of all software products for a period of 60 months from the date of acceptance. During the warranty period, the Offeror shall provide 8am to 5pm EST toll free phone support and all patches, fixes, revisions, updates, upgrades, and minor releases to both the software and its supporting documentation. In addition, the contractor shall provide a four hour return call response time and complete all necessary patches/fixes within 8 hours of initial notification.
Y. TERM OF SOFTWARE LICENSE: Unless otherwise stated in the solicitation, the software license(s) identified in the pricing schedule shall be purchased on a perpetual basis and shall continue in perpetuity. However the University reserves the right to terminate the license at any time, although the mere expiration or termination of this contract shall not be construed as an intent to terminate the license. All acquired license(s) shall be for use at any computing facilities, on any equipment, by any number of users, and for any purposes for which it is procured. The Commonwealth further reserves the right to transfer all rights under the license to another state agency to which some or all of its functions are transferred.
Z. TITLE TO SOFTWARE: By submitting a proposal, the Offeror represents and warrants that it is the sole owner of the software or, if not the owner, that it has received all legally required authorizations from the owner to license the software, has the full power to grant the rights required by this solicitation, and that neither the software nor its use in accordance with the contract will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or organization.
VI. EVALUATION AND AWARD CRITERIA:A. Evaluation Criteria:
The following criteria shall be used in determining the most advantageous Offeror(s) for the services specified herein:1. Experience:
Demonstrated ability to provide services specified at a minimum of five (5) Colleges and/or Universities, preferably comparable in size, diversity, and breadth of programs offered at Old Dominion University.
2. Capability and Skills: a. Resources available to provide and sustain operations and services, as well as providing for future program expansion and
offerings, to include:(1) Financial – As demonstrated by current financial stability and market presence; and(2) Personnel – Experience of staff assigned to any resulting contract, including Contract Manager.
3. Functional Features and Support Services: As demonstrated and evidenced through Offeror’s response, specifically to Section III.A. and Section III.B.1 through 10., as well as any requested presentation of product/system/service offerings.
4. System Integration: Specifically with University’s current infrastructure and “enterprise” applications, including implementation time line.
5. Cost: Financial considerations and components to act as the University’s partner and provide the services defined herein, to include at a minimum:a. Initial costs for first year implementation and support;b. Annual maintenance and support costs for subsequent contract periods;c. Cost cap for recurring costs such as maintenance and support, hosting, etc.; andd. Any additional fees identified in response.
6. SWAM Plan: It is the policy of the University of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities and to encourage their
participation in State procurement activities. The University encourages Contractors to provide for participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures,
subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on this contract are required. By submitting a proposal,
Offerors certify that all information provided in response to this RFP is true and accurate. Failure to provide information required by this RFP will ultimately result in rejection of the proposal. Forms for submission of this
data are provided in Attachments C and D.
B. Award of Contract: Prior to award, the University shall conduct discussions and negotiations with those Offerors so selected. After discussions and negotiations have been conducted, the University shall select the one (1) Offeror which, in its opinion, was
deemed to be the most fully qualified and best suited among those submitting proposals based on the evaluation criteria and process stated herein and award the contract to that Offeror accordingly.
The agency may cancel this Request for Proposals 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. (§ 49.D Rules) Should it be determined in writing that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. The award document will be a Contract incorporating by reference, the terms and conditions of the solicitation and contractor’s proposal as negotiated.
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VII. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTSA. General Guidelines:
1. In order to be considered for selection, Offeror’s must submit a complete response to this RFP. One original and 8 copies of each proposal must be submitted to the Issuing Agency. Additionally, each Offeror shall provide one response on CD-ROM. No other distribution of the proposal shall be made by the Offeror.
2. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be included.
3. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in the University requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the University. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.
4. All proposals shall be received and time stamped in the Issuing Office no later than the Closing Date and Time shown on the cover page of this Request for Proposal. Any proposal received after the specified date and time shall not be considered and shall be returned unopened to the Offeror.
5. Oral Presentation: Offeror’s who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the University. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding explanation session only and may include initial negotiation. The Issuing State agency will schedule the time and location of these presentations. Oral presentations are an option of the University and may or may not be conducted.
6. An Offeror receiving a Request for Proposal from a source other than the Issuing Office should contact the Issuing Office to become an Offeror of record before submitting a proposal.
7. All information requested by this RFP on the ownership, utilization and planned involvement of small businesses, women owned businesses and minority-owned businesses must be submitted. If an Offeror fails to submit all information requested the Issuing agency may require prompt submission of missing information after the receipt of vendor proposals.
8. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposals should be numbered. Each paragraph in the proposal should reference the paragraph number of the 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 than 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 requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.
9. Ownership of all data, materials and documentation originated and prepared for the University pursuant to the RFP shall belong exclusively to the University and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Freedom of Information Act; however, the Offeror must invoke the protections of §34.F. of the University’s “Rules Governing Procurement of Goods, Services, Insurance, and Construction, in writing either before or at the time the data or other material 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 by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.
B. Specific Requirements: Proposals should be as thorough and detailed as possible so that the University may properly evaluate your capabilities to provide the required services. Offerors are required to structure their response to correspond with the following numerical sequence. Offerors are required to submit the following items as a complete proposal: 1. The return of the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required;2. Complete Data Sheet, included as an attachment to the RFP and other specific items or data requested in the RFP. 3. Written narrative statements to include how the Offeror plans to successfully meet the objectives and requirements defined
herein, specifically those stated in the “Statement of Needs”, and as defined in Section VI. A., “Evaluation Criteria”, as follows:a. Experience; b. Capability and Skills;c. Functionality and Support Services;d. System Integration; e. Costs and other Financial Considerations; and f. SWAM Plan
4. Written narrative responses to requirements listed in Section III.A and III.B.1-10.
C. Exceptions:Offeror’s must discuss any issues (referenced by paragraph. #) with which they disagree or wish toclarify position. Failure to list these items in your proposal will be interpreted to mean that theOfferor is in full agreement with the terms, conditions, statement of needs, and all other requirements of this RFP.
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D. Oral Presentations:Selected Offeror’s will be notified at least five (5) working days in advance of the time and place for oral presentations, if such presentations are deemed necessary by the University. The undersigned has read and understands the entire Request for Proposal and that the proposal being submitted is in response to the University’s Request for Proposal #12-221-0013-KMH
VIII. CONTRACT PRICING:Offerors shall develop and propose a “Contract Pricing Schedule” to include the tables provided below and the appropriate product and/or services stated herein. The information provided will be included in the evaluation process, but shall not be the sole determining factor for any subsequent contract award. Additionally, all proposed pricing components can and may be negotiated, as necessary, to meet the needs and requirements of the University.
Table A1
On Site List Price % Discount Cost to University Quantity
Year 1 Total Cost
Year 2 Total Cost
Year 3 Total Cost
Year 4 Total Cost
Year 5 Total Cost
Software LicenseMaintenance and
Support
Implementation
Services Training
A2
Tier Pricing for Concurrent Licenses
List Price % Discount Cost to University Quantity
Year 1 Total Cost
Year 2 Total Cost
Year 3 Total Cost
Year 4 Total Cost
Year 5 Total Cost
1-9
10-49
50-99
100+
Table B1
Hosted List Price % Discount Cost to University Quantity
Year 1 Total Cost
Year 2 Total Cost
Year 3 Total Cost
Year 4 Total Cost
Year 5 Total Cost
Subscription CostMaintenance and
Support
Implementation
Services Training
B2
Tier Pricing for Concurrent Licenses
List Price % Discount Cost to University Quantity
Year 1 Total Cost
Year 2 Total Cost
Year 3 Total Cost
Year 4 Total Cost
Year 5 Total Cost
1-9
10-49
50-99
100+
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IX. METHOD OF PAYMENTA. Payment shall be made to the Contractor within 30 days of receipt of invoice upon approval by the University. All invoices shall reference the University contract number. The Contractor shall not receive payment for work found by the University to be unsatisfactory. The University shall pay the Contractor based on invoices sent directly to Accounts Payable. Terms are Net 30.B. Payment may be made issuing an eVA DO, Small Purchase Charge Card, EDI or EPayables.
ATTACHMENT A CONTRACTOR DATA SHEET RFP 12-221-0013-KMH
QUALIFICATIONS OF OFFEROR: Offeror’s must have the capability and capacity in all respects to fully satisfy the contractual requirements.
Indicate the length of time you have been in business providing this type of service. _________________ Years ____________ Months
Provide a list of current references, either University, Educational Institutions, and/or other companies that your firm is servicing. Include the length of service, dollar volume, year contract was entered into, and the name and address of the person the State has your permission to contact. Such listing shall be comprehensive of your firm's entire customer base and can be formatted as follows:
CURRENT ACCOUNTS:
Account Name, Address & Phone # Length of Service $Volume/Year
LOST ACCOUNTS:
Account Name, Address & Phone # Length of Service $Volume/Year
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ATTACHMENT B CONFLICT OF INTEREST STATEMENT RFP 12-221-0013-KMH
Ensure that the solicitation is thoroughly read and completed. Complete, sign and return the information requested below with your proposal. FAILURE TO FURNISH THIS DATA MAY RESULT IN DECLARING YOUR PROPOSAL NON-RESPONSIVE.
FEDERAL ID NUMBER (FIN):___________________________________________________
THE ABOVE FIRM IS A: (CHECK, AS APPLICABLE)
( ) SMALL BUSINESS ( ) INDIVIDUAL BUSINESS( ) WOMAN-OWNED BUSINESS ( ) SOLE PROPRIETORSHIP( ) MINORITY-OWNED BUSINESS ( ) PARTNERSHIP ( ) SHELTERED WORKSHOP ( ) CORPORATION
RELATIONSHIP WITH THE COMMONWEALTH OF VIRGINIA:
IS ANY MEMBER OF THE FIRM AN EMPLOYEE OF THE COMMONWEALTH OF VIRGINIA WHO HAS A PERSONAL INTEREST IN THIS CONTRACT PURSUANT TO THE CODE OF VIRGINIA, SECTION 2.1-639.1 - 639.24? ( ) YES ( ) NO
IF YES, EXPLAIN:
_________________ SIGNATURE OF OFFEROR DATE
Please tell us how you received this solicitation:
( ) It was mailed to you directly.
( ) You requested a copy through the Virginia Business Opportunities.
( ) You obtained a copy through the Tidewater Regional Minority Purchasing Council.
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( ) You obtained a copy from the Virginia Department of Minority Business Enterprise.
( ) Other (please specify) .
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ATTACHMENT C Past SWAM Reporting / Participation RFP 12-221-0013-KMH
List women-owned, minority-owned, or small businesses with which the Offeror has contracted or done business and dollar amounts spent with each of these businesses in the most recent 12-month period for which data is available. Offeror’s are encouraged to provide additional information and expand upon the following format:
PERIOD: FROM: TO: Firm Name Firm Address Firm Phone
NumberContact Person
Dollar Amounts
% Total Expenditures for Goods & Services
*
Indicate W - if women-owned, M - minority-owned, or S - small business.
|
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ATTACHMENT D Planned SWAM Participation RFP 12-221-0013-KMH
List women-owned, minority-owned, or small businesses with which the Offeror plans to contract or do business with during the performance of this contract. Please include anticipated dollar amounts to be spent with each of the listed businesses during the first 12-month period of the contract. Offeror’s are encouraged to provide additional information and expand upon the following format:
PERIOD: FROM: TO: Firm Name Firm Address Firm Phone
NumberContact Person
Dollar Amounts
% Total Expenditures for Goods &
Services
*
Indicate W - if women-owned, M - minority-owned, or S - small business.
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OLD DOMINION UNIVERSITYREQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION
Substitute Form W-9 (Revised August, 2007). Please FAX this form as soon as possible to (757) 683-4812
Please Print or Type:Legal Name:
Trade Name:
Check appropriate box Individual/ Sole Proprietor
Corporation Partnership
Government Agency Other ________________ Exempt from backup withholding
Address (number, street, and apt, or suite no)
City, State and ZIP Code
List account number(s) here (optional)
PART I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals, this is your social security number SSN.
However,for resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter.
Social security number | | | - | | | - | | | |
orEmployer identification number
| | | - | | | - | | | |
PART II CertificationUnder penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (Or I am waiting for a number to be issued to me), and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the
Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien)Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.
Signature of U.S. Person: Date:
NOT PART OF W-9. REQUIRED FOR REPORTING PURPOSES ONLY. PLEASE COMPLETE
Is your organization (association, club, religious, charitable, educational,Or other group) tax exempt under IRS Code Section 501(a)? YES or NO
Are you a Real Estate Agent? YES or NO
Is your business a *DMBE Certified Women Owned Business (WB)? YES or NO
Is your business a *DMBE Certified Small Business (SB)? YES or NO
Is your business a *DMBE Certified Minority Business (MB)? YES or NO
African American
Native American
Subcontinent-Asian American
Hispanic American
Asian-Pacific American
Other _______________________________ *DMBE = The Commonwealth of Virginia Department of Minority Business Enterprise @www.dmbe.virginia.gov
PLEASE PRINT:
Contact Person: Title:
Contact Phone: Contact Fax:
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Purpose of Form
A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.
Use form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to:
1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued).
2. Certify you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee.
If you are a foreign person, use the appropriate form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and foreign Entities.
Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester=s form if it is substantially similar to this Form W-9.
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30% of such payments after December 31, 2001 (29% after December 31, 2003). This is called Abackup withholding.@ Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or
2. You do not certify your TIN when required (see the Part II instructions on page 2 for details), or
3. The IRS tells the requester that you furnished an incorrect TIN, or
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding. See the instructions on page 2 and the separate Instructions for the Requester of Form W-9.Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not due to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Name. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name.
If the account is in joint names, list first and then circle the name of the persons or entity whose number you enter in Part 1 of the form.
Sole proprietor. Enter your individual name as shown on your social security card on the “Legal Name@ line. You may enter your business, trade, or Adoing business as (DBA)@ name on the “Trade Name@ line.
Limited liability company (LLC). If you are a single-memberLLC (including a foreign LLC with a domestic owner) that isdisregarded as an entity separate from its owner under Treasuryregulations section 301.7701-3, enter the owner=s name on the “Legal Name” line. Enter the LLC=s name on the “Trade Name@ line.
Other entities. Enter your business name as shown onrequired Federal tax documents on the “Legal Name@ line. This name should match the name shown on the charter or other legaldocument creating the entity. You may enter any business, trade, or DBA name on the “Trade Name@ line.
Exempt from backup withholding. If you are exempt, enteryour name as described above, then check the AExempt frombackup withholding@ box in the line following the business name, sign and date the form.
Individuals (including sole proprietors) are not exempt frombackup withholding. Corporations are exempt from backupwithholding for certain payments, such as interest and dividends. For more information on exempt payees, see the Instructions for the Requester of Form W-9.
If you are a nonresident alien or a foreign entity not subject tobackup withholding, give the requester the appropriate completed Form W-8.
Note: If you are exempt from backup Note: See the chart on this page for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office. Get Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for
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Employer Identification Number, to apply for an EIN. You can get forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS Web Site at www.irs.gov.
If you are asked to complete Form W-9 but do not have a TIN, write AApplied For@ in the space for the TIN, sign and date the form,and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradableinstruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Writing AApplied For@ means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8.
Part II - Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1,3, and 5 below indicateotherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt from backup withholding above.
Signature requirements. Complete the certification as indicated in 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. AOther payments@ include payments made in the course of the requester=s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
4.5. 5. Mortgage interest paid by you,
acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA or Archer MSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
6.7. Privacy Act Notice
Section 6109 of the Internal revenue code requires you to give your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws.
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30W% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.
What Name and Number to Give the Requester
For this type of account:
Give name and SSN of:
1. Individual2. Two or more individuals (joint account)
The individualThe actual owner of the account, or if combined funds, the first individual on the account 1
3. Custodian account of a minor (Uniform Gift to Minor Act)4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law5. Sole proprietorship
The minor 2
The grantor-trustee 1
The actual owner 1
The owner 3
For this type of account:
Give name and EIN of:
6. Sole Proprietorship7. A valid trust, estate, or pension trust8. Corporate9. Association, club, religious, charitable, educational, or other tax-exempt organization10. Partnership11. A broker or registered nominee12. Account with the Department of Agriculture in the name of a public entity ( such as a state or local government, school district, or prison) that receives agricultural program payments
The owner 3Legal entity 4The corporationThe corporation
The partnershipThe broker or nomineeThe public entity
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person=s number must be furnished.
2 Circle the minor=s name and furnish the minor=s SSN.
3 You must show your individual name, but you may also enter your business or ADBA@ name. You may use either your SSN or EIN (if you have one).
4 List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title).
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
withholding, you should stillcomplete this form to avoid possible erroneous backupwithholding.
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Part I - Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box.
If you are a resident alien and you do not have and are noteligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are an LLC that is disregarded as an entity separate from its owner (see Limited liability company LLC) above), and are owned by an individual, enter your SSN (or Apre-LLC@ EIN, if desired). If the owner of a disregarded LLC is a corporation,partnership, etc., enter the owner=s EIN.
