|Agency:||University of Arkansas|
|Type of Government:||State & Local|
|Posted Date:||Sep 26, 2019|
|Due Date:||Oct 10, 2019|
|Bid Source:||Please Login to View Page|
|Contact information:||Please Login to View Page|
|Bid Documents:||Please Login to View Page|
|closing date||information||award scoring & tabulation||award status|
722632 - Pest Control Services
Request for Proposal (RFP)
RFP No. 722632
Pest Control Services
PROPOSAL RELEASE DATE: September 11, 2019
PROPOSAL DUE DATE: October 10, 2019*
PROPOSAL DUE TIME: 2:30 PM CST
SUBMIT ALL PROPOSALS TO: University of Arkansas
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.
City, State, Zip:
Authorized Signature: _______________________________________ Date: ______________
Typed/Printed Name of Signor: ________________________________ Title: ______________
*Under no circumstances will 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.
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.
1. DESCRIPTION AND OVERVIEW OF RFP
The Board of Trustees of the University of Arkansas, acting on behalf of the University of Arkansas Department Housing and Facilities Management Building Services, request bids for a prime contractor to furnish and deliver Pest Control Management Services for a period of one (1) year from the date of award. By mutual agreement, both parties have the option to renew, inwriting, on or before the annual expiration of the contract, for an aggregate period not to exceed seventy-two(72) months. pursuant to the specifications, terms and conditions stated in this RFP (“Proposal(s)”).
2. SCOPE OF WORK
Pest control management service is defined as the use of properly registered pesticides and/or the use of
approved devices by licensed technicians for periodic services and as needed requests to provide adequate
and acceptable levels of insect and rodent population suppression at U of A premises.
The Contractor shall furnish all labor, tools, materials, and equipment necessary to accomplish full treatment
pest control/management service for UAF facilities described in this Request for Proposal (RFP), including
grounds, all rooms, closets, lounges, toilets, kitchens/break areas, hallways, stairwells, basements, attics,
compactors and foundation treated exterior areas, plus any other building portion or part not specifically
described herein, and as may be added in the future by the UAF. The University reserves the right to add,
delete, change or include other buildings or departments and areas to be treated at any time during the period
of this contract.
Residence Halls will be treated during summer recess, when vacant or during breaks in semesters.
January and August of each calendar year date TBD by Housing.
General Pest Control (GPC) is defined as control of insects indigenous to or otherwise living in Northwest
Arkansas. The full list of applicable species is incredibly long, but will include insects such as spiders
(including brown recluse), cockroaches, crickets, mosquitoes, ants, silverfish, flies, centipedes, scorpions,
fleas, bed bugs, etc. General pest control is the use of properly registered chemicals and/or approved devices
at scheduled times or on an as needed basis to provide adequate and acceptable population suppression of
insects, mice and rats, and other pests not specifically excluded under "Exceptions". Contractor will perform
regular termite inspections. Contractor shall supply all SDS (Safety Data Sheets) sheets to the U of A as required by law and prior to the use of any chemical or pesticide on campus.
The following pest control functions are not included as GPC items in this RFP and are priced as individual
items on a separate schedule, attached to the REP, and shall not be part of the cost determination for award of
3. COSTS / PRICING
Respondents must provide detailed/itemized retail pricing for each individual component, and/or the overall system, as listed on the Official Bid Price Sheet provided within this RFP document (see Appendix II).
Any additional pricing lists should remain attached to the Official Price Sheet for purposes of accurate
evaluation. Pricing must be valid for one hundred twenty (120) days following the bid Proposal due date
and time. UAF will not be obligated to pay any costs not identified on the Official Price Sheet. Respondents
must certify that any costs not identified by the Respondent, but subsequently incurred in order to achieve
successful operation of the service, will be borne by the Respondent. Failure to do so may result in
rejection of the Proposal.
4. RESPONDENT REFERENCES
Respondents must provide a minimum of three (3) references, preferably in higher education, (including the organization’s name, address, persons to contact, telephone numbers, and email addresses) located in the continental United States currently served by respondent. References are to be parties who can attest to the qualifications relevant to providing services requested. UAF reserves the right to contact any references provided to evaluate the level of performance and customer satisfaction. See Appendix I for format.
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. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of goods and work involved will not be a basis for requesting extra compensation after the award of a Contract.
6. PROJECTED TIMETABLE OF ACTIVITIES
The following schedule will apply to this RFP, but may change in accordance with the UA's needs:
09/11/19 RFP released to prospective respondents
09/20/19 4:00 PM CST - Last date/time UAF will accept questions
09/25/19 Last date UAF will issue an addendum
10/10/19 Proposal submission deadline 2:30 PM CST
10/18/19 Notice of Intent to Award
Upon Award: Contract Negotiations Begin (upon intent to award)
Upon Contract Approval: Service to Commence
7. CONTRACT TERM AND TERMINATION
The term (“Term”) of any resulting Contract will begin upon date of Contract award. If mutually agreed upon in writing by the Contractor and UAF, the term shall be for an initial period of one (1) year, with option to renew on an annual basis for six (6) additional years, for a combined total of seven (7) years (or 84 months).
a) If at any time the services become unsatisfactory, UAF will 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 UAF, Office of Business Affairs. Additionally, the Contract may be terminated, without penalty, by UAF without cause by giving thirty (30) days written notice of such termination to Contractor.
b) Upon award, the agreement 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 UAF as provided for under this section give rise to any liability on the part of UAF, its trustees, officers, employees or agents including, but not limited to, claims related to compensation for anticipated profits, lost business opportunities, unabsorbed overhead, misrepresentation, or borrowing. UAF’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 UAF. The University Purchasing Official is the sole point of contact during this process.
Respondent Questions and Addenda: Respondent questions concerning all matters of this RFP should be sent via email to:
Ellen Ferguson, Procurement Coordinator
Office of Business Services
Questions received via email will be directly addressed via email, and compilation of all questions and answers (Q&A), as well as any revision, update and/or addenda specific to this RFP solicitation will be made available on HogBid, the UAF bid solicitation website: https://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 will be initiated by the issuing agency and not Respondent. Specifically, the persons named herein will 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 will not be a basis for requesting extra compensation after the award of a Contract.
8.2 Agency Employees and Agents
Contractor shall be responsible for the acts of its employees and agents while performing services pursuant to the Agreement. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons or property while on the UAF 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 UAF’s facilities for any activity or operation other than the operation and performance of services as herein stated. UAF 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 and general rudeness. 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 UAF campus or reported to UAF 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, cigars, pipes, smokeless tobacco, and other tobacco products), as well as the use of electronic cigarettes, by students, faculty, staff, contractors, and visitors, are prohibited at all times on and within all property, including buildings, grounds, and Athletic facilities, owned or operated by UAF and on and within all vehicles on UAF property, and on and within all UAF vehicles at any location.
Contractor and UAF agree that they will attempt to resolve any disputes in good faith. Contractor and UAF agree that the State of Arkansas shall be the sole and exclusive venue for any litigation or proceeding that may arise out of or in connection with this Contract. The Respondent acknowledges, understands and agrees that any actions for damages against UAF may only be initiated and pursued in the Arkansas Claims Commission, if at all. Under no circumstances does UAF agree to binding 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 save harmless UAF and all its trustees, officers, employees 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, or subcontractor of the Contractor. Contractor shall also obtain a full and properly executed release, indemnification, and hold harmless agreement of UAF, its trustees, officers, employees, agents and volunteers, in a form acceptable to University, from each customer. Contractor shall retain the release from each customer for a minimum period of three (3) years, and furnish copies of any and all releases to UAF upon its request.
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 UAF 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 or destroy all student education record information 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. Instructure 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 and defend that party for liability and damages. Under Arkansas law UAF 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 any provision of a contract that violates the laws or constitution of the State of Arkansas.
B. A party wishing to contract with UAF 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.
3. Acknowledge in its contract that contracts become effective when awarded by UAF Purchasing Official.
This RFP does not commit UAF 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. UAF 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 UAF to do so. In responding to this RFP, respondents recognize that UAF may make an award to a primary Respondent; however, UAF reserves the right to purchase like and similar services from other agencies as necessary to meet operation requirements.
8.8 Qualifications of Respondent
UAF may make such investigations as deems necessary to determine the ability of Respondents to meet all requirements as stated within this RFP, and Respondent shall furnish to UAF all such information and data for this purpose that UAF may request. UAF reserves the right to reject any bid if the evidence submitted by, or investigations of, such Respondent fails to satisfy UAF that such Respondent is properly qualified to carry out the obligations of the Contract.
8.9 Non Waiver of Defaults
Any failure of UAF 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 UAF at any time to avail itself of same.
8.10 Independent Parties
Contractor acknowledges that under the Contract it is an independent vendor and is not operating in any fashion as the agent of UAF. The relationship of Contractor and UAF 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.
8.11 Governing Law
This RFP, any resulting Contract and all performance thereunder, transactions and subsequent amendments thereto between Respondent(s) or Contractor(s) and UAF 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 UAF. 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 UAF or its trustees, officials, employees and representatives. In no event shall UAF 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.
8.12 Proprietary Information
Proprietary information submitted in response to this bid will be processed in accordance with applicable UAF procurement procedures. All material submitted in response to this RFP becomes the public property of the State of Arkansas and will 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.
A. Contract and Grant Disclosure
Disclosure is a condition of this contract and the University of Arkansas 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.
B. Respondent Conflict of Interest Form
Only when applicable, for any RFP that requires the disclosure of existing conflict of interest circumstances, Respondent should complete the Bidder Conflict of Interest Form and submit with bid Proposal. It is the responsibility of Respondent desiring to be considered for a bid award to complete and return this form, along with the Contract and Grant Disclosure and Certification Form. The purpose of these forms is to give Respondent an opportunity to disclose any actual or perceived conflicts of interest. The determination of UAF regarding any questions of conflict of interest shall be final.
8.14 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 Purchasing 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 will 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 will be accepted. The Proposal, when opened, will 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 will be accepted at any time after the Proposal due date and time.
8.15 Prime Contractor Responsibility
Single and joint Respondent bids and multiple bids by Respondents are acceptable. However, the selected Respondent(s) will be required to assume prime contractor responsibility for the Contract and will be the sole point of contact with regard to the award of this RFP.
8.16 Period of Firm Proposal
Prices for the proposed services must be kept firm for at least one hundred twenty (120) days after the Proposal Due Date specified on the cover sheet of this RFP. Firm Proposals for periods of less than this number of days may be considered non-responsive. The Respondent may specify a longer period of firm price than indicated here. If no period is indicated by the Respondent in the Proposal, the price will be firm for one hundred twenty (120) days or until written notice to the contrary is received from the Respondent, whichever is longer.
The vendor must:
A. Define the provisions of the warranty regarding response time for service and support.
B. Define the provisions of the warranty regarding system up time including maintenance windows.
C. Outline the standard or proposed plan of action for correcting problems during the warranty period.
D. Respondents must itemize any components, services, and labor that are excluded from warranty.
8.18 Errors and Omissions
The 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 the Respondent suspect any error, omission, or discrepancy in the specifications or instructions, the Respondent shall immediately notify the UAF Purchasing Official, in writing, and UAF shall issue written instructions to be followed. The Respondent is responsible for the contents of its Proposal and for satisfying the requirements set forth in the RFP.
8.19 Award Responsibility
The UAF Purchasing Official will be responsible for award and administration of any resulting Contract(s). UFA 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) will be awarded to the Respondent(s) whose proposal adheres to the conditions set forth in the RFP, and in the sole judgment of UAF, best meets the overall goals and financial objectives of UAF. A resultant Contract will not be assignable without prior written consent of both parties.
8.20 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 UAF. 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 UAF.
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 UAF Purchasing Official. Failure to comply with this requirement is deemed to be a valid reason for disqualification of the Respondent’s bid. The UAF Purchasing Official will 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 UAF processes, employees, including proprietary information, trade secrets, and intellectual property to which UAF 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 UAF.
8.21 Respondent Presentations
UAF 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
UAF chooses to engage such opportunity.
8.22 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.
8.23 Funding Out Clause
If, in the sole discretion of UAF, funds are not allocated to continue this Agreement, or any activities related herewith, in any future period, then UAF will not be obligated to pay any further charges for services, beyond the end of the then current period. Contractor will 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 UAF to terminate the Agreement in order to acquire similar service from a third party.
The Respondents and the Contractor acknowledge and agree that UAF 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 UAF that are adopted and used or approved for use by UAF (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 UAF. 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 UAF or its Board of Trustees without compensation.
8.25 RFP Interpretation
Interpretation of the wording of this document shall be the responsibility of UAF and that interpretation shall be final.
8.26 Time is of the Essence
Respondent and UAF agree that time is of the essence in all respects concerning this RFP and any Contract and performance therein
8.27 Formation of the Contract
At its option, UAF may take either one of the following actions in order to create a Contract between the UAF and the selected Respondent:
A. Accept a Proposal as written by issuing a written notice to the selected Respondent, which refers to the Request for Proposal and accept the Proposal submitted in response to it.
B. Enter negotiations with one or more Respondents in an effort to reach a mutually satisfactory written agreement, which will be executed by all parties and will be based upon this Request for Proposal, the Proposal submitted by one or more Respondents and any negotiations concerning these documents.
Because UAF may use alternative (A) above, each Respondent should include in its proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add such matters after the proposal is submitted. The contents of this RFP will be incorporated into any final Contract documents, which will include standard UAF terms and conditions.
Notwithstanding any terms or conditions to the contrary, nothing within the Contractor’s proposal shall constitute a waiver of any immunities to suit legally available to UAF, its trustees, officers, employees or agents, including, but not limited state and federal constitutional and statutory sovereign immunity of the State of Arkansas and its officials.
NOTE: The successful bidder may be required to enter into a Professional Services or Technical/General Services Contract that will require approval prior to any work conducted. See the following link for reference: http://procurement.uark.edu/_resources/documents/TGSForm.pdf
8.28 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 UAF.
8.29 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.
8.30 Prohibition Against Boycotting Israel
In accordance with Ark. Code Ann. § 25-1-503, Respondent hereby certifies to UAF 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 will be considered a material breach of contract. In the event that Respondent breaches this certification, UAF may immediately terminate any Contract without penalty or further obligation and exercise any rights and remedies available to it by law or in equity.
8.31 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 UAF. Respondents further agrees that it will 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 UAF, except to the extent expressly permitted by UAF 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 will 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 will fully comply with all applicable UAF policies, and federal, state and local laws, ordinances, and regulations.
8.32 Performance Standards
Contractor acknowledges that the use of performance based standards on any resultant Contract by UAF 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 UAF. Contractor shall warrant that the equipment placed on the UAF 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 UAF or tailgate customers on the UAF campus are to be of high quality and rendered in a timely and professional manner. Contractor represents and warrants that it will 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 UAF 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 UAF 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 UAF subject to termination.
8.33 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 UAF campus, whether on a paid or volunteer basis, in a manner requested by UAF and consistent with procedures established by UAF for its background checks. No person may perform any duties or services for Contractor on the UAF campus under any circumstances whatsoever until a satisfactory background check has been completed for each individual and copies furnished to UAF.
8.34 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 UAF 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 UAF policy, theft, violence, profanity, unlawful discrimination, boisterous or rude conduct, intoxication, mishandling funds, and offensive or disrespectful behavior toward spectators, customers and UAF trustees, officials, employees, agents, licensees, contractors, subcontractors, vendors, students, alumni and guests is impermissible, will not be tolerated and could result in their removal from UAF’s campus.
8.35 No Assignment and Sublicensing
Respondents may not assign or sublicense any resulting Contract without the prior written consent of an authorized representative of UAF as provided by UAF’s Board of Trustee Policy.
8.36 PCI DSS Compliance
Any third-party service provider utilized by the Contactor that engages in electronic commerce on behalf of the UAF or other services contemplated under this RFP or any resulting Contract with UAF, 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. UAF 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 will 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 UAF. The Contactor further acknowledges that neither it nor any third-party service provider utilized by the Contactor shall be granted access to UAF’s system in connection with any financial transaction under the Contract, and will not access, transfer, store, process, collect, use or otherwise transmit CHD or SAD using UAF’s systems. The Contactor will provide their Attestation of PCI Compliance and network scans to UAF on an annual basis. The Contactor will give immediate notice to UAF of any actual or suspected unauthorized disclosure of, access to or other breach of the CHD or SAD. The Contactor will indemnify UAF for any third-party claim brought against UAF arising from a breach by the Contactor of the representations or obligations of this section. This section and its indemnity will survive the termination of this RFP and any resulting Contract between Contractor and UAF.
8.37 NCAA AND SEC
The Contractor shall at all times comply with all NCAA and SEC rules and regulations, and the rules of any other conference or association to which UAF’s athletic teams may belong. Any resulting Contract may be terminated for any such violations by the Contractor, its official, employees, representatives, agents, subcontractors or guests.
9. INSTRUCTION TO RESPONDENTS
9.1 Respondents must comply with all articles of the Standard Terms and Conditions documents posted on our Hogbid website as counterpart to the RFP document, and any associated appendices, as well as all articles within the RFP document. UAF is not responsible for any misinterpretation or misunderstanding of these instructions on the part of the Respondents....
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