711291 - Operation and Management of University Bookstore and the Razorback Shop - Pinnacle Hills Promenade

Agency: University of Arkansas
State: Arkansas
Type of Government: State & Local
NAICS Category:
  • 541611 - Administrative Management and General Management Consulting Services
Posted Date: Sep 6, 2019
Due Date: Sep 25, 2019
Solicitation No: 711291
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Contact information: Please Login to View Page
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closing date information award scoring & tabulation award status

9/25/19

711291 - Operation and Management of University Bookstore and the Razorback Shop - Pinnacle Hills Promenade

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Request for Proposal (RFP)

RFP No. 711291

Operation and Management of University Bookstore

and the Razorback Shop – Pinnacle Hills Promenade

PROPOSAL RELEASE DATE: August 16, 2019

MANDATORY PRE-PROPOSAL

SITE VISIT/CONFERENCE: August 23, 2019, 10:00 a.m. CST

PROPOSAL DUE DATE: September 25, 2019

PROPOSAL DUE TIME: 2:30 p.m. CST

SUBMIT ALL PROPOSALS TO: University of Arkansas

Business Services

Administration Bldg., Rm 321

1125 W Maple St

Fayetteville, AR 72701

Signature Required for Proposal

Respondent complies with all articles of the Standard Terms and Conditions documents as counterpart to this RFP document, and with all articles within the RFP document. If Respondent receives the University’s purchase order, Respondent agrees to furnish the items and/or services listed herein at the prices and/or under the conditions as indicated in the RFP.

Respondent Name:

Mailing Address:

City, State, Zip:

Telephone:

Email:

Authorized Signature: _______________________________________ Date: ______________

Typed/Printed Name of Signor: ________________________________ Title: ______________

*Under no circumstances shall late bids be accepted. Failure to deliver by overnight carriers or other such methods shall not be taken into consideration. Bids MUST arrive and be time-stamped by the Procurement Office, located at 1125 West Maple Street, Administration Building 321, Fayetteville, AR 72701 prior to the time and date specified in the Request for Proposal. VENDOR NAME, BID NUMBER, AND BID OPENING DATE MUST BE CLEARLY NOTED ON OUTSIDE OF PACKAGE IN ORDER FOR BID TO BE ACCEPTED.

INTERGOVERNMENTAL/COOPERATIVE USE OF COMPETITIVELY BID PROPOSALS AND CONTRACTS:

In accordance with Arkansas Code Annotated § 19-11-249, any State public procurement unit may participate in any contract resulting from this solicitation with a participating addendum signed by the contractor and approved by the chief procurement officer of the procurement agency issuing this solicitation.

General Campus Background for University of Arkansas

Founded in 1871 as a land-grant institution, the University of Arkansas – Fayetteville, Arkansas, is the flagship campus of the University of Arkansas System. Our students represent all 50 states and more than 120 countries. The UA has 10 colleges and schools offering more than 210 academic programs. As of Fall 2018, student enrollment totaled approximately 27,778. The faculty count totaled 1,401 and the staff count totaled 3,372. The UA is one of the nation’s top public research universities and the state’s foremost partner and resource for education and economic development. Its public service activities reach every county in Arkansas, throughout the nation, and around the world. The Carnegie Foundation classifies the UA as having "the highest possible level of research," placing us among the top three percent of colleges and universities nationwide.

1. DESCRIPTION AND OVERVIEW OF RFP

The Board of Trustees of the University of Arkansas, acting on behalf of the University of Arkansas – Fayetteville (“UA” or “University”) located in Fayetteville, Arkansas is seeking bid Proposals from qualified and reputable vendors to provide services for contracting the operations and management of the University Bookstore (“Bookstore”) – Fayetteville, Arkansas and the Razorback Shop (“Razorback Shop”) Pinnacle Hill Promenade – Rogers, Arkansas pursuant to the specifications, terms and conditions stated in this Request for Proposal (“RFP”).

The UA is seeking a vendor(s) who are driven by the same goals and objectives in providing learning and cultural experiences for its students, faculty, staff and the community at-large. The UA is looking for a vendor(s) that are committed to providing a vibrant destination place for its constituents to gather and create connections, as well as, a place to purchase textbooks, sports apparel, trade books, souvenirs, merchandise and much more. We are looking for a vendor(s) who are passionate about providing an “experience” for its customers. The UA wants the Bookstore to be a destination store not only for the campus, but for the community and fans alike. It is expected this shall be a “flagship” store with the latest merchandise and offerings for our students, faculty staff, fans and visitors. All Respondents must demonstrate a visionary plan for the future of the Bookstore and Razorback Shop.

This RFP has two (2) Sections: (Exhibit A - the Bookstore) and (Exhibit B - the Razorback Shop). UA is seeking Proposal(s) on each of the Sections as independent operations or a combined Proposal for an all-in-one approach. UA shall make award(s) to the vendor(s) that can provide the best overall value. This value shall be determined by UA based on the overall competence, compliance, format and content of each RFP response and in-person presentations (optional), as deemed necessary. Respondents may submit a Proposal for all the services entailed in this RFP or may submit a Proposal for a specific store identified in this RFP. Note also that the award may be split between vendors for each of the stores for which bidding is requested. If for any reason, UA deems the Proposals are not in the best interests of the University, UA shall “no-award” the RFP.

2. BACKGROUND INFORMATION

UA Bookstore/Garland location occupies approximately 21,760 square feet of floor space and has been operated and managed by the UA. The Bookstore current hours are Monday-Friday 8:00am to 6:00pm, times vary with certain athletic events and other community events. The Bookstore is the only official collegiate book and supply store on campus. The approximate listing of total square footage does not take into account one (1) third-party lease for iPhone Medic Shop.

The Razorback Shop in Rogers, Arkansas occupies approximately 4,840 square feet of floor space and has been operated and managed by UA. The space is leased by UA from the Pinnacle Hills Mall until November 30, 2026. This location offers primarily Razorback merchandise, apparel, gifts and souvenirs.

Gross Sales*:

Note* The above financials are unaudited numbers.

3. DEFINITION OF TERMS

The University Office of Business Affairs has made every effort to use industry accepted terminology in the RFP and shall attempt to further clarify any point or item in question at Respondent’s request. The terms “Proposer” and “Vendor” are used synonymously with the term “Respondent” in the document. The competitive procurement process being utilized in the document is RFP. The term “Contractor” shall refer to the successful Respondent/Proposer/Vendor awarded the RFP by the UA.

4. MANDATORY PRE-PROPOSAL MEETING AND SITE-VISIT/WALK-THRU

A mandatory pre-Proposal meeting and site-visit is scheduled for all prospective Respondents and shall be held at UA Bookstore on the date, time, and through means as specified on the timetable (Section 6) of this RFP document. The purpose of the meeting shall be to provide a forum for Respondents to obtain clarification about the RFP prior to finalizing their responses. Questions should be submitted to: Andy Fletcher, Procurement Manager; contact email: andyf@uark.edu in advance of the scheduled site-visit and meeting for preparation purposes to make the best use of time during discussion. All questions will be noted and answered at a later time with a transcript on the UA Hogbid website. Vendors who anticipate responding to this RFP are required to participate in this pre-Proposal site-visit and meeting to discuss information and clarifications. Proposals shall NOT be considered from vendors who have not participated in the mandatory pre-Proposal site visit. There shall be a sign-in sheet for all participants.

5. RESPONDENT’S RESPONSIBILITY TO READ RFP

It is the Respondent's responsibility to thoroughly examine and read the entire RFP document, including any and all appendices or exhibits. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of goods and work involved shall not be a basis for requesting extra compensation after the award of a Contract. This engagement is separate from any other engagement Respondent may be currently engaged or pursuing with the University of Arkansas. Interpretation by and of the UA is final.

6. PROJECTED TIMETABLE OF ACTIVITIES

The following schedule shall apply to this RFP, but may change in accordance with the UA's needs:

August 16, 2019 RFP released to prospective Respondents

August 23, 2019 Mandatory Site-Visit and Pre-Proposal Conference 10:00 a.m. CST

August 29, 2019 4:00 p.m. CST - Last date/time UA shall accept questions

September 3, 2019 Last date UA shall issue an addendum

September 25, 2019 Proposal submission deadline 2:30 p.m. CST

TBD Vendor Presentations (optional)

TBD Notice of Intent to Award

TBD* Contract Negotiations Begin (upon “Intent to Award”)

January 1, 2020 Anticipated Start Date for Service to Commence

*UA places a value on all elements of this RFP. As such, after evaluation of Proposals and selection of Contractor(s), the UA reserves the right to further negotiate with the selected respondent on any or all elements, and to award accordingly.

NOTE: Attendance for the site visit and pre-Proposal conference is MANDATORY.

The following information applies to the Site-Visit/Pre-Proposal Conference:

Date and Time: August 23, 2019 10:00 a.m. CST

Location: University of Arkansas Bookstore – Garland Center Complex

616 N. Garland Avenue, Fayetteville, Arkansas 72701. Front door entryway.

7 . CONTRACT TERM AND TERMINATION

The term (“Term”) of any resulting Contract shall begin upon date of Contract award.  If mutually agreed upon in writing by the Contractor and the UA, the Term shall be for an initial period of five (5) years, January 2020 through December 2025, with option to renew on an annual basis for two (2) additional years. Annual renewal shall be contingent upon the best interests of UA, including UA’s satisfaction with the services performed.

a) If at any time the services become unsatisfactory, UA shall give thirty (30) days written notice to the Contractor. If at the end of the thirty (30) day period the services are still deemed unsatisfactory, the Contract shall be cancelled by UA, Office of Business Affairs. Additionally, the Contract may be terminated, without penalty, by UA without cause by giving thirty (30) days written notice of such termination to Contractor.

b) Upon award, the Contract is subject to cancellation, without penalty, either in whole or in part, if funds necessary to fulfill the terms and conditions of this Contract during any biennium period of the Term (including any renewal periods) are not appropriated.

c) In no event shall such termination by UA as provided for under this section give rise to any liability on the part of UA, its trustees, officers, employees or agents including, but not limited to, claims related to compensation anticipated profits, lost business opportunities, unabsorbed overhead, misrepresentation, or borrowing. UA’s sole obligation hereunder is to pay Contractor for services ordered and received prior to the date of termination.

The terms, conditions, representations, and warranties contained in the Contract shall survive the termination of the Contract.

8. GENERAL INFORMATION FOR RESPONDENTS

8.1 Distributing Organization

This RFP is issued by the Office of Business Affairs at UA. The UA Purchasing Officials are the sole point of contact during this process. Only written communication is considered formal and can be supported throughout this process.

A. Respondent Questions and Addenda: Respondent questions concerning all matters of this RFP should be sent via email to:

Andy Fletcher, Procurement Manager

Office of Business Affairs/Procurement Division

Email: andyf@uark.edu

Questions received via email shall be addressed through a compilation of questions and answers (“Q&A”). The Q&A and any revision, update and/or addenda specific to this RFP solicitation shall be made available on HogBid, the UA bid solicitation website: http://hogbid.uark.edu . During the time between the bid opening and contract award(s), with the exception of Respondent’s questions during this process, any contact concerning this RFP shall be initiated by the issuing agency and not Respondent. Specifically, the persons named herein shall initiate all contact.

Respondents shall not rely on any other interpretations, changes, or corrections. It is Respondent's responsibility to thoroughly examine and read the entire RFP document and any Q&A or addenda to this RFP. Failure of Respondents to fully acquaint themselves with existing conditions or information provided shall not be a basis for requesting extra compensation after the award of a Contract.

B. Oral and/or Written Clarifications, Presentations and Demonstrations: UA reserves the option to request oral or written clarification, demonstrations or presentations from Respondents during the evaluation phase. In the event the UA deems it necessary to have the Respondent further explain or demonstrate various portions of their Proposal, the Respondent shall provide oral and/or written information to comply with the requirement. All presentations are subject to being recorded. Respondent refusal to honor the request for oral and/or written presentations shall result in rejection of the Proposal.

C. Cost of Proposal Preparation: Any cost incurred by the Respondent in preparing or submitting a Proposal is Respondent’s sole responsibility. UA shall not reimburse any Respondent for any cost incurred for preparing or submitting a Proposal.

D. Rights to Submitted Materials: All Proposals, inquiries, or correspondence related to or in reference to the RFP, and any other reports, charts, displays, schedules, exhibits, or other documentation submitted by the Respondents shall become the property of UA when received. Respondents must be aware that, with the exception of information that would give advantage to competitors or other Respondents, all information submitted by them to UA may be subject to review under the Arkansas Freedom of Information Act.

8.2 Agency Employees and Agents

Contractor shall be responsible for the acts of its employees and agents while performing services pursuant to the terms of any Contract. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons or property while on the UA premises. Contractor shall be responsible for all damages to persons or property on and off campus caused solely or partially by Contractor or any of its agents or employees. Contractor’s employees shall conduct themselves in a professional manner and shall not use UA’s facilities for any activity or operation other than the operation and performance of services as herein stated. UA reserves the right to deny access to any individual. The following conduct is unacceptable for Contractor’s employees and agents: foul language, offensive or distasteful comments related to age, race, ethnic background or sex, evidence of alcohol influence or influence of drugs, refusal to provide services requested, refusal to make arrangements for additional services needed general rudeness, or any other objectively offensive behavior. Contractor shall require standard criminal background checks on all employees of the Contractor’s business in advance of the performance of any on-campus duties. Employees whose background checks reveal felony convictions of any type are to be either removed from all support activities on the UA campus or reported to UA for review and approval in advance of the performance of any on-campus duties.

8.3 Tobacco Free Campus

Smoking and the use of tobacco products (including cigarettes, e-cigarettes, cigars, pipes, smokeless tobacco, and other tobacco products) by students, faculty, staff, contractors, and visitors, are prohibited at all times on and within all property, including all buildings, grounds, and facilities owned or operated by UA, including all vehicles on UA property.

8.4 Disputes

Contractor and UA agree that they shall attempt to resolve any disputes in good faith. Contractor and UA agree that the State of Arkansas shall be the sole and exclusive jurisdiction and venue for any litigation or proceeding that may arise out of or in connection with any Contract. The Respondent acknowledges, understands and agrees that any claims, demands, suits, or actions for damages against UA may only be initiated and pursued in the Arkansas Claims Commission, if at all. Under no circumstances does UA agree to binding mediation or arbitration of any disputes or to the payment of attorney fees, court costs or litigation expenses.

8.5 Conditions of Contract

Contractor shall, at all times, observe and comply with federal and Arkansas State laws, local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of the Contract which in any manner affect the completion of work. Contractor shall indemnify and hold harmless UA and all its trustees, officers, employees, volunteers, students, and agents against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, guest, or subcontractor of the Contractor.

To the extent Contractor shall have access to, store or receive student education records, Contractor agrees to abide by the limitations on use and re-disclosure of such records set forth in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and 34 CFR Part 99. Contractor agrees to hold student record information in strict confidence and shall not use or disclose such information except as authorized in writing by UA or as required by law. Contractor agrees not to use the information for any purpose other than the purpose for which the disclosure was made. Upon termination, Contractor shall return all student education record information or provide evidence that it was destroyed within thirty (30) days.

When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201, et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

ACCORDINGLY, CONTRACTOR SHALL EXPRESSLY REPRESENT AND WARRANT to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (“VPAT”) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

‐ Providing, to the extent required by Arkansas Code Annotated § 25-26-201, et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means;

‐ Presenting information, including prompts used for interactive communications, in formats intended for non-visual use;

‐ After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired;

‐ Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

‐ Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;

‐ Integrating into networks used to share communications among employees, program participants, and the public; and

‐ Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

If the information technology product or system being offered does not completely meet these standards, the Respondent must provide an explanation within the VPAT detailing the deviation from these standards. State agencies cannot claim a product, as a whole, is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards or provide written documentation supporting selection of a different product.

8.6 Contract Information

Respondents should note the following regarding the State’s contracting authority and amend any documents accordingly. Failure to conform to these standards may result in rejection of Respondent’s bid:

A. The State of Arkansas may not contract with another party to perform any of the following:

1. Pay any penalties or charges for late payment or any penalties or charges which in fact are penalties for any reason.

2. Indemnify or defend that party for liability or damages. Under Arkansas law, UA may not enter into a covenant or agreement to hold a party harmless or to indemnify a party from prospective damages.

3. Pay all sums that become due under a contract upon default.

4. Pay damages, legal expenses, attorneys’ fees, or other costs or expenses of any party.

5. Conduct litigation in a place other than the State of Arkansas.

6. Agree to be subject to or bound by governing law, jurisdiction, or venue of any state, country or province other than the State of Arkansas.

7. Agree to any provision of a contract that violates the laws or constitution of the State of Arkansas.

B. A party wishing to contract with UA should:

1. Remove any language from its contract which grants to it any remedies other than:

• The right to possession.

• The right to accrued payment.

• The right to expenses of de-installation.

2. Include in its Contract that the laws of the State of Arkansas govern the contract and that the State of Arkansas is the exclusive jurisdiction and venue for any and all claims, disputes, actions or suits between the parties or related to the Contract.

3. Include in its Contract that the UA is an instrumentality of the State of Arkansas entitled to sovereign immunity from suit and that all claims, demands, suits, or actions for loss, expense, damage, liability or other relief, either at law or in equity, against UA or its trustees, officers, employees, volunteers, students, agents or designated representatives acting within the official scope of their position, must be brought before the Claims Commission of the State of Arkansas.

4. Include in its Contract all other terms and conditions stated in this RFP.

5. Acknowledge in its Contract that contracts become effective when awarded by UA Purchasing Official.

8.7 Reservation

This RFP does not commit UA to award a contract, to pay costs incurred in the preparation of a Proposal to this request, or to procure or contract for services or supplies. UA reserves the right to accept or reject (in its entirety), any Proposal received as a result of this RFP, if it is in the best interest of UA to do so. In responding to this RFP, Respondents recognize that UA may make an award to a primary Respondent; however, UA reserves the right to purchase like and similar services from other agencies as necessary to meet operation requirements.

8.8 Non-Waiver of Defaults

Any failure of UA at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of the Contract shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of UA at any time to avail itself of same.

8.9 Independent Parties

Contractor acknowledges that under the Contract it is an independent vendor and is not operating in any fashion as the agent of UA. The relationship of Contractor and UA is that of independent contractors, and nothing in this contract should be construed to create any agency, joint venture, or partnership relationship between the parties.

8.10 Governing Law

This RFP, any resulting Contract and all performance thereunder, transactions and subsequent amendments thereto between Respondent(s) or Contractor(s) and UA shall be governed and construed in all aspects in accordance with the laws of the State of Arkansas without regard to its choice of law principles (including without limitation any and all disputes, claims, counterclaims, causes of action, suits, rights, remedies, promises, obligations, demands, and/or defenses related thereto that may be asserted by either party). The parties agree that the State of Arkansas shall be the sole and exclusive venue and jurisdiction for any litigation or proceeding that may arise out of or in connection with this RFP or any Contract with UA. The parties waive any objection to the laying of jurisdiction and venue of any claim, action, suit or proceeding arising out of the Contract or any transaction contemplated hereby, in the State of Arkansas, and hereby further waive and agree not to plead or assert that any claim, action, suit or proceeding has been brought in an inconvenient forum. Nothing contained herein shall be deemed or construed as a waiver of any immunities to suit available to UA or its trustees, officials, employees and representatives. In no event shall UA or any of its current and former trustees, officials, representatives and employees (in their official or individual capacities) be liable to Respondent(s) or Contractor(s) for special, indirect, punitive, or consequential damages, attorneys’ fees or costs or any damages constituting lost profits or lost business opportunities.

8.11 Proprietary Information

Proprietary information submitted in response to this bid shall be processed in accordance with applicable UA procurement procedures. All material submitted in response to this RFP becomes the public property of the State of Arkansas and shall be a matter of public record and open to public inspection subsequent to bid opening as defined by the Arkansas Freedom of Information Act. Respondent is hereby cautioned that any part of its bid that is considered confidential, proprietary, or trade secret, must be labeled as such and submitted in a separate envelope along with the bid, and can only be protected to the extent permitted by Arkansas law.

Note of Caution:  Respondents should not attempt to mark the entire Proposal as "proprietary" or submit letterhead or similarly customized paper within the Proposal to reference the page(s) as "Confidential" unless the information is sealed separately and identified as proprietary.  Acceptable proprietary items may include references, resumes, and financials or system/software/hardware manuals. Costs and pricing terms are not considered as proprietary.

8.12 Disclosure/Contract and Grant Disclosure

Disclosure is a condition of any resulting Contract and the UA cannot enter into any Contract for which disclosure is

not made. Arkansas’s Executive Order 98-04 requires all potential contractors disclose whether the individual

or anyone who owns or controls the business is a member of the Arkansas General Assembly, constitutional officer,

state board or commission member, state employee, or the spouse or family member of any of these. If this applies

to Respondent’s business, Respondent must state so in writing.

8.13 Proposal Modification

Proposals submitted prior to the Proposal opening date may be modified or withdrawn only by written notice

to UA. Such notice must be received by the UA Procurement Official prior to the time designated for opening

of the Proposal. Respondent may change or withdraw the Proposal at any time prior to Proposal opening;

however, no oral modifications shall be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Proposal that are addressed in the same manner as the Proposal and that are received prior to the scheduled Proposal opening time shall be accepted. The Proposal, when opened, shall then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope that is clearly marked with the RFP number and “Modification of Proposal”. No modifications of the Proposal shall be accepted at any time after the Proposal due date and time.

8.14 Prime Contractor Responsibility

Single and joint Respondent bids and multiple bids by Respondents are acceptable. However, the selected Respondent(s) shall be required to assume prime contractor responsibility for the Contract and shall be the sole point of contact with regard to the award of this RFP.

8.15 Errors and Omission

Respondent is expected to comply with the true intent of this RFP taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should Respondent suspect any error, omission, or discrepancy in the specifications or instructions, Respondent shall immediately notify the UA Procurement Official, in writing, and UA shall issue written instructions to be followed. Respondent is responsible for the contents of its Proposal and for satisfying the requirements set forth in the RFP.

8.16 Award Responsibility

The UA Procurement Official shall be responsible for award and administration of any resulting Contract(s). UA reserves the right to reject any or all bids, or any portion thereof, to re-advertise if deemed necessary, and to investigate any or all bids and request additional information as necessary in order to substantiate the professional, financial and/or technical qualifications of the Respondent(s).

Contract(s) shall be awarded to the Respondent(s) whose Proposal adheres to the conditions set forth in the RFP, and in the sole judgment of UA, best meets the overall goals and financial objectives of UA. A resultant Contract shall not be assignable without prior written consent of both parties.

8.17 Confidentiality and Publicity

From the date of issuance of the RFP until the opening date, the Respondent must not make available or discuss its Proposal, or any part thereof, with any trustee, official, employee or agent of UA. The Respondent is hereby warned that any part of its Proposal or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by law. All material submitted in response to this RFP becomes the property of UA.

News release(s) by a Respondent pertaining to this RFP or any portion of the project shall not be made without prior written approval of the UA Purchasing Official. Failure to comply with this requirement is deemed to be a valid reason for disqualification of the Respondent’s bid. The UA Purchasing Official shall not initiate any publicity relating to this procurement action before the Contract award is completed.

Employees of the Contractor may have access to records and information about UA processes, employees, including proprietary information, trade secrets, and intellectual property to which UA holds rights. Contractor agrees to keep all such information strictly confidential and to refrain from discussing this information with anyone else without written authorization from an authorized official of UA.

8.18 Respondent Presentations

UA reserves the right to, but is not obligated to, request and require that final contenders determined by the Evaluation Committee provide a formal presentation of their Proposal at a date and time to be determined by the Evaluation Committee. Respondents are required to participate in such a request if the UA chooses to engage such an opportunity.

8.19 Excused Performance

Notwithstanding any other provisions in this RFP or any resultant Contract, in the event that the performance of any terms or provisions of this RFP or any resultant Contract shall be delayed or prevented because of compliance with any law, decree, or order of any governmental agency or authority, either local, state, or federal, or because of riots, war, acts of terrorism, public disturbances, unavailability of materials meeting the required standards, strikes, lockouts, differences with workmen, fires, floods, Acts of God, or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, such party is unable to prevent (the foregoing collectively referred to as “Excused Performance”), the party so interfered with may at its option suspend, without liability, the performance of its obligations during the period such cause continues, and extend any due date or deadline for performance by the period of such delay, but in no event shall such delay exceed six (6) months.

8.20 Funding Out Clause

If, in the sole discretion of UA, funds are not allocated to continue any resultant Contract, or any activities related herewith, in any future period, then UA shall not be obligated to pay any further charges for services, beyond the end of the then current period. Contractor shall be notified of such non-allocation at the earliest possible time. No penalty shall accrue in the event this section is exercised. This section shall not be construed so as to permit UA to terminate any Contract awarded in order to acquire similar service from a third party.

8.21 Indicia

Respondents and the Contractor acknowledge and agree that the University owns the rights to its name and its other names, symbols, designs, and colors, including without limitation, the trademarks, service marks, designs, team names, facilities images, uniforms, nicknames, abbreviations, city/state names in the appropriate context, slogans, logo graphics, mascots, seals, color schemes, trade dress, and other symbols associated with or referring to UA that are adopted and used or approved for use by UA (collectively the “Indicia”) and that each of the Indicia is valid. Neither any Respondent nor Contractor shall have any right to use any of the Indicia, derivative, or any similar mark as, or a part of, a trademark, service mark, trade name, fictitious name, domain name, company or corporate name, a commercial or business activity, or advertising or endorsements anywhere in the world without the express prior written consent of an authorized representative of UA. Any domain name, trademark or service mark registration obtained or applied for that contains the Indicia or any similar mark upon request shall be assigned or transferred to UA or its Board of Trustees without compensation.

8.22 RFP Interpretation

Interpretation of the wording of this document shall be the responsibility of UA and that interpretation shall be final.

8.23 Time is of the Essence

Respondent and UA agree that time is of the essence in all respects concerning this RFP and any Contract and performance therein.

8.24 Permits/Licenses and Compliance

Contractor covenants and agrees that it shall, at its sole expense, procure and keep in effect all necessary permits and licenses required for its performance of obligations under this RFP, and shall post or display in a prominent place such permits and/or notices as required by law. Contractor is responsible for compliance with all applicable laws and regulations, including but not limited to, OSHA requirements as well as any Fair Labor Standards Act requirements pertaining to compensation of Contractors employees or subcontractor (if any) working on the project; further, upon request, Contractor shall provide copies of all such permits or licenses to UA.

8.25 Web Site Accessibility

Respondent represents that web-based services substantially comply with the accessibility guidelines of Section 508 of the Rehabilitation Act of 1973 and with Web Content Accessibility Guidelines (“WCAG”) Version 2.0 Level AA and agrees to promptly respond to and resolve any accessibility complaints received from UA.

8.26 Prohibition Against Boycotting Israel

In accordance with Ark. Code Ann. § 25-1-503, Respondent hereby certifies to UA that Respondent: (a) is not currently engaged in a boycott of Israel; and (b) agrees for the duration of any Contract not to engage in any boycott of Israel. A breach of this certification shall be considered a material breach of contract. In the event that Respondent breaches this certification, UA may immediately terminate any Contract without penalty or further obligation and exercise any rights and remedies available to it by law or in equity.

8.27 Campus Restrictions

Contractor shall not permit tobacco, electronic cigarettes, alcohol, or illegal drugs to be used by any of its officers, agents, representatives, employees, subcontractors, licensees, partner organizations, guests or invitees while on the campus of UA. Respondents further agrees that it shall not permit any of its officers, directors, agents, employees, contractors, subcontractors, licensees, partner organizations, guests or invitees to bring any explosives, firearms or other weapons onto the campus of UA, except to the extent expressly permitted by UA policies and the Arkansas enhanced concealed carry laws. Respondent shall not allow any of its officers, directors, agents, employees, contractors, subcontractors, licensees, partner organizations, guests or invitees that are registered sex offenders to enter the campus of the University. Respondent agrees that it shall not permit any of its officers, directors, agents, employees, contractors, subcontractors, licensees, partner organizations, guests or invitees who have been convicted of a felony involving force, violence, or possession or use of illegal drugs to work on this campus. Respondent shall fully comply with all applicable UA policies, and federal, state and local laws, ordinances, and regulations.

8.28 Performance Standards

Contractor acknowledges that the use of performance-based standards on any resultant Contract by UA are required pursuant to Arkansas Code Annotated § 19-11-267. Contractor shall provide prompt, responsive, courteous and high-quality products, services and customer service in the performance of its obligations under this RFP and any resulting Contract with UA. Contractor shall warrant that the equipment placed on the UA campus shall be of good quality, safe and suitable for their intended use by customers and properly installed. Contractor acknowledges that all products and services provided to UA and our customers on the UA campus are to be of high quality and rendered in a timely and professional manner.  Contractor represents and warrants that it shall provide all products and services related to any resulting Contract in a manner consistent with industry standards. In addition, Contractor shall respond to all production, service, maintenance and customer service and support requests by in a polite and timely manner. Further, Contractor recognizes that failure to perform hereunder may cause UA financial or reputational harm or damages or require it to acquire replacement services on short notice.  Therefore, any failure to provide the agreed upon products or services to UA or customers at the quality, times or in the manner specified, or for the duration required hereunder shall constitute a breach of any Contract between Contractor and UA subject to termination.

8.29 Background Checks

Contractor shall be responsible to obtain and to pay for background checks (including, but not limited to, checks for registered sex offenders) for all individuals performing any services related to this RFP on the UA campus or Razorback Shop-Rogers, whether on a paid or volunteer basis, in a manner requested by UA and consistent with procedures established by UA for its background checks. No person may perform any duties or services for Contractor on the UA campus under any circumstances whatsoever until a satisfactory background check has been completed for each individual and copies furnished to UA.

8.30 Service Expectations

Contractor and its officers, employees, agents, volunteers, subcontractors and invitees understand that they are working at an institution of higher learning and are required to conduct themselves in a manner that is commensurate with that environment. Contractor, its officers, employees, agents, volunteers, subcontractors and invitees shall do all

things reasonably necessary or required by UA to maintain the high standard of quality and management for the products and services outlined in this RFP and any resulting Contract. Contractor agrees that it shall hire, train, supervise and regulate all persons employed by it in the conduct of the related services so that they are aware of, and practice, standards of cleanliness, courtesy and service required and customarily followed in the conduct of similar operations. Contractor shall not employ any current student-athletes. Contractor shall be responsible for the conduct of its officers, employees, agents, volunteers, subcontractors, vendors, guests and other representatives including, without limitation, training and informing them that violations of UA policy, theft, violence, profanity, unlawful discrimination, boisterous or rude conduct, intoxication, mishandling funds, and offensive or disrespectful behavior toward spectators, customers and UA trustees, officials, employees, agents, licensees, contractors, subcontractors, vendors, students, alumni and guests is impermissible, shall not be tolerated and could result in their removal from UA’s campus.

8.31 No Assignment and Sublicensing

Contractor may not assign or sublicense any resulting Contract without the prior written consent of an authorized representative of UA as provided by UA’s Board of Trustee Policy.

8.32 PCI DSS Compliance

Any third-party service provider utilized by the Contactor that engages in electronic commerce on behalf of the UA or other services contemplated under this RFP or any resulting Contract with UA, shall protect all card holder data (“CHD”) and sensitive authentication data (“SAD”) in accordance with the Payment Card Industry Data Security Standard (“PCI DSS”), if applicable, or using secure standard financial industry practices, if PCI DSS standards are not applicable. UA reserves the right at any time to request either proof of PCI DSS compliance or a certification (from a recognized third-party security auditing firm) verifying that the Contactor (and/or any third-party service provider utilized by the Contactor) uses secure standard financial industry practices in its financial transactions and maintains ongoing compliance under PCI DSS standards and/or secure financial industry practices as they change over time. The Contactor shall comply with all laws, rules and regulations relating to the access, transfer, storage, processing, collection, use, protection and breach of all CHD and SAD. The Contactor shall not share with the University or grant the University access to any CHD or SAD accessed, transferred, stored, processed, collected, used or transacted by the Contactor or any third-party provider utilized by the Contactor related to the purchase, sale, resale, offer to resell, return, credit, or reserving the rights to any services contemplated under the RFP or any resulting Contract with UA. The Contactor further acknowledges that neither it nor any third-party service provider utilized by the Contactor shall be granted access to UA’s system in connection with any financial transaction under the Contract, and shall not access, transfer, store, process, collect, use or otherwise transmit CHD or SAD using UA’s systems. The Contactor shall provide their Attestation of PCI Compliance and network scans to UA on an annual basis. The Contactor shall give immediate notice to UA of any actual or suspected unauthorized disclosure of, access to or other breach of the CHD or SAD. The Contactor shall indemnify UA for any third-party claim brought against UA arising from a breach by the Contactor of the representations or obligations of this section. This section and its indemnity shall survive the termination of this RFP and any resulting Contract between Contractor and UA.

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