Request for Proposals ("erfp")
Standard/Special Terms and Conditions
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- 4.1.21.16.
- General Responsibilities of the University
- General Responsibilities of the Selected Supplier
- Supplier General Information Each supplier must complete all of the requested information in the attached file entitled Supplier’s General Information Worksheet
- Mandatory Response Worksheet
- DO NOT INCLUDE ANY COST/PRICING INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET. Mandatory Scored Response
- DO NOT INCLUDE ANY COST INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET. Additional Scored Responses (Not used for this RFP)
- Additional Scored
- Cost Proposal Cost Proposal
- Cost Structure and Additional Instructions
- Proposal Evaluation, Negotiations and Award
- Administrative/Preliminary Review
- Evaluating Proposal Factors (Section 4)
- Review of Mandatory and Mandatory Scored Questions
Standard/Special Terms and Conditions If applicable, the selected supplier will properly secure, monitor and be responsible for any keys and/or access cards for that service area and/or location/facilities. The selected supplier will be responsible for the control of all keys and access cards issued to its representatives by the University, and other areas of the University when they are used by the selected supplier's representatives. The selected supplier will be responsible for its representatives as to the immediate reporting to the Georgia State University Police and to the designated University representative all the facts relating to losses incurred, equipment damage, or break-ins of service areas and/or locations/facilities assigned to selected supplier while on campus property. The selected supplier shall he responsible for the cost of replacing lost keys and access cards; the cost of re-keying; and the cost of replacement of locking cylinders as a result of the selected supplier's negligence and/or the loss of keys and access cards. A list of all employees having keys shall be submitted to Auxiliary and Support Services and to the University Police. The selected supplier will also abide by the rules and regulations of Campus Key Control and the Georgia State University Police. Either party may terminate the Agreement resulting from this eRFP at any time without cause by giving written notice to the other party one hundred twenty (120) business days in advance of the stated date of termination. Notwithstanding the ability to terminate the Agreement without cause, the University reserves the right to cancel the Agreement due to the Contractor’s failure to comply with any provisions of the Agreement which shall place the supplier in default. Prior to terminating the Agreement for default by the supplier, the University shall notify the supplier in writing, stating the provision(s) giving rise to the default. The supplier will have fifteen (15) days from the receipt of the Notice of Default to cure the default. In the event Supplier’s default is not cured within the Cure Period, the University may immediately terminate the Agreement with no need for further notice to Supplier. The Supplier shall only be entitled to a Cure Period once every twelve (12) months and the University may immediately terminate the Agreement upon written notice to the Supplier if Supplier is in breach of the Agreement more than one (1) time each twelve (12) month period. No failure to exercise this right shall be construed as a waiver of such right. Examples of breaches of the Agreement include, but are not limited to, the following: • Failure to provide consistently high quality of standards and services. • Failure to comply with standards as mandated by all applicable state, county, city and federal regulations, requirements, or laws. • Failure to provide an accountability system to the University and accurate and timely reports. • Failure to safeguard University revenues and assets. • Failure to follow University directives, policies or procedures. • Failure to comply with any other material provisions of the Agreement. Independent Contractor – The selected Supplier shall be an independent Contractor and shall not be deemed to be an employee of the University. Inasmuch as the University and the selected Supplier are independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The selected Supplier agrees not to represent itself as the University’s agent for any purpose to any party, or to allow any employee of the selected Supplier to do so, unless specifically authorized in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The selected Supplier shall assume full liability for any contracts or Agreements the selected Supplier enters into on behalf of the University without the express knowledge and prior written consent of the University. Buyer Satisfaction - The selected Supplier agrees that the Services will be performed to the satisfaction of the University. The University agrees to inform the selected Supplier of University regulations and standards applicable to the selected Supplier and the Services of which the University is aware. If at any time the University notifies the selected Supplier in writing that any of the Services do not meet the satisfaction of the University, the selected Supplier will correct the deficiency and notify the University in writing of the correction. If the selected Supplier shall not have corrected such deficiency within fifteen (15) business days of written notice from the University, then the University shall have the right to terminate the Agreement immediately upon written notice to the selected Supplier. Indemnification - The selected Supplier agrees to indemnify and shall hold harmless the University, its agents, servants and employees, the Board of Regents of the University System of Georgia and its members, agents, servants and employees (each of the foregoing being hereinafter referred to individually as “Indemnified Party”) against all claims, demands, causes of action, including negligence, judgments, or other liability including attorneys’ fees (other than liability solely the fault of the Indemnified Party) arising out of, resulting from or in connection with the selected Supplier’s performance or failure to perform this Agreement, including but not limited to: • the violation by the selected Supplier of any third party’s trade secrets, proprietary information, trademarks, copyright, patent rights, or other intellectual property rights; • all injuries or death to persons or damage to property, including theft; • the selected Supplier’s failure to perform all obligations owed to their employees including any claim the selected Supplier employees might have or make for privilege, compensation or benefits under any employee benefit plan; and any and all sums that are due and owing to the Internal Revenue Service for withholding, FICA, and unemployment or other state and federal taxes.
Upon any theft, forgery, destruction or misappropriation for which proof of loss has been established, and (subject to recapture by the selected Supplier in the event that it is later determined that the University, or its employee or agent, has cause, committed or participated in the acts leading to the loss), the Contractor will provide reimbursement to the University within three (3) business days for the amount of any claim up to a maximum of FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) per claim, and will set up an appropriate payment schedule for amounts in excess of FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). Proof of loss will be defined as appropriate documentation of the loss, including but not limited to bank records, receipts, or letters of demand by the USPS. The Contractor will be responsible for investigating losses involving its employees and obtaining the necessary documentation for any such loss. 4.1.21.8. Assignment - The selected Supplier may not assign or subcontract the whole or any part of the Agreement resulting from this eRFP without the University’s prior written consent. Advanced mutual written approval will be made by all parties if there are changes in ownership, reorganization, or merger. In the event that any subcontractor(s) is (are) accepted by the University to fulfill any portion of the agreement resulting from this eRFP, any change in subcontractor(s) will be subject to University approval. The selected Supplier shall be responsible for ensuring that its employees as well as any subcontractor(s) of the selected Supplier approved by the University comply with the terms and conditions of the Agreement resulting from this eRFP.
Laws and Regulations - The selected Supplier agrees to comply with all applicable federal, state and local rules, regulations and laws applicable to the University, and the provisions of the Services as are currently in effect and as may be amended from time to time. Further, the selected Supplier agrees to comply with all applicable policies and procedures of the University. The selected Supplier shall be responsible for obtaining all necessary permits and licenses required to provide the Services. 4.1.21.10. Non-Discrimination - The selected Supplier shall not discriminate against any individual on the basis of age, race, color, religion, national origin, sex or disability. Further, the selected Supplier agrees to comply with all non-discriminatory laws and policies to which the University is subject. 4.1.21.11. Force Majeure - In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree, order of any governmental agency or authority, either local, state or federal, or because of riots, war, public disturbances, 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 said party is unable to prevent, the party so suffering may at its option suspend, without liability, the performance of its obligation hereunder during the period such cause continues. 4.1.21.12. Remedies/No Waiver - The waiver by either party of any breach of any provision contained in the Agreement resulting from this eRFP shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision contained in this Agreement. Any such waiver must be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof. 4.1.21.13. Notice: Any notice to either party pertaining to any agreement derived herefrom must be in writing, signed by the party providing the notice and shall be served either personally or by registered or certified mail. For the University, notice shall be provided to: Wayne E. Reed Assistant Vice President for Auxiliary and Support Services P. O, Box 3971 Atlanta, GA 30302-3971 Suppliers shall identify the appropriate designee for notice, including printed name, title, and mailing address. 4.1.21.14. Severability - If any provision of the Agreement resulting from this eRFP or its application to any person or in any circumstances shall be invalid or unenforceable, the other provisions of the Agreement resulting from this eRFP shall nonetheless remain in full force and effect. 4.1.21.15. Entire Agreement - The Agreement resulting from this eRFP shall constitutes the entire understanding between the parties concerning the subject matter hereof, and shall supersedes any and all prior written or oral understandings or agreements between the parties. The Agreement resulting from this eRFP may not be changed, altered, modified, or amended without the written consent of both parties. 4.1.21.16. Governing Law - The Agreement resulting from this eRFP shall be governed by the laws of the State of Georgia. 4.1.21.17 Funding - Notwithstanding any other provision of the Agreement resulting from this eRFP, the parties hereto agree that the charges hereunder are payable by the University primarily from student transportation fees. In the event such appropriations are determined in the sole discretion of the chief operating officer of the University to no longer exist or to be insufficient with respect to the charges payable hereunder, the Agreement resulting from this eRFP shall terminate without further obligation of the University as of that moment (“Event”). In such Event, the chief operating officer of the University shall certify to the Contractor the occurrence thereof, and such certification shall be conclusive. In the event of the University’s certification, the University agrees to pay for all Services already performed, and not to replace before the end of the fiscal year in which the Event occurs or before the expiration of this Agreement, whichever occurs first, the Services covered hereunder with services obtained from another contractor at the same or higher annual cost to the University.
Georgia State University will provide to the Shuttle Services selected supplier:
The selected supplier will meet or exceed all the specifications outlined in the eRFP and the Agreement and ensure professional and consistently high level of customer service to the University community. The selected supplier shall maintain separate accounting records for its operations located at the University. At the end of the University's fiscal year (June 30), the selected supplier will be required to furnish the University a summary of its billing statements, no later than 30 days after that fiscal year closing. These records must be kept on file at the selected supplier's office for accessibility and for review or audit upon demand with or without prior notification by Georgia State University.
Each supplier must complete all of the requested information in the attached file entitled Supplier’s General Information Worksheet. DO NOT INCLUDE ANY COST/PRICING INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET.
As specified with each requirement listed in the Mandatory Response Worksheet, the supplier must indicate whether its proposal meets the individual requirements by marking either a "YES" or "NO" in the response block provided. A Pass/Fail evaluation will be utilized for all mandatory requirements. Ordinarily, to be considered responsive, responsible and eligible for award, all questions identified as mandatory must be marked “YES” to pass. There may be rare instances in which a response of “NO” is the correct and logical response in order to meet the mandatory requirement (e.g. responding “NO” that the supplier does not possess any conflicts of interest). Otherwise, any mandatory questions marked "NO" will fail the technical requirements and will result in disqualification of the proposal. DO NOT INCLUDE ANY COST/PRICING INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET.
As specified with each requirement listed in the Mandatory Scored Response Worksheet, the supplier must indicate whether it will meet the individual requirement (if any) and provide a supporting narrative in the space provided. To be considered responsive, responsible and eligible for award, any and all requirements identified in the Mandatory Scored Response Worksheet must be met. There may be rare instances in which an item within the Mandatory Scored Response Worksheet does not create an individual requirement which must be met, but, instead, merely requires a response. All requirements labeled “Mandatory Scored” must be met by the supplier. Failure to meet any mandatory scored requirements may result in disqualification of the proposals. The narrative description, along with any required supporting materials, will be evaluated and awarded points in accordance with Section 6 “Proposal Evaluation, Negotiations and Award” of this eRFP. DO NOT INCLUDE ANY COST INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET.
All items labeled “Additional Scored Responses” represent information that is requested by the State Entity. Suppliers are encouraged to provide a thorough narrative description in the space provided in the Additional Scored Response Worksheet. Answers along with any requested supporting materials will be evaluated and awarded points in accordance with Section 6 “Proposal Evaluation, Negotiations and Award” of this eRFP. DO NOT INCLUDE ANY COST INFORMATION IN YOUR RESPONSE TO THIS WORKSHEET.
As noted in Section 2.2.2 “eRFP Review”, please access and review all of the attachments provided by the State Entity within the Event. If supplemental materials are requested by the State Entity to be submitted by the supplier as part of the technical proposal, the supplier should upload these additional materials as noted in Section 2.2.4 “Uploading Forms”.
Each supplier is required to submit a cost proposal as part of its response. The cost proposal will be evaluated and scored in accordance with Section 6 “Proposal Evaluation, Negotiations and Award” of this eRFP. By submitting a response, the supplier agrees that it has read, understood, and will abide by the following instructions/rules:
The State Entity’s intent is to structure the cost format in order to facilitate comparison among all suppliers and foster competition to obtain the best market pricing. Consequently, the State Entity requires that each supplier’s cost be in the format outlined below. Additional alternative cost structures will not be considered. Each supplier is cautioned that failure to comply with the instructions listed below, submission of an incomplete offer, or submission of an offer in a different format than the one requested may result in the rejection of the supplier’s proposal. Enter all information directly into the cost sheet(s). Enter numbers on each cost sheet in “number” (two-place decimal), not “currency” or other format unless otherwise stated. That is, omit dollar signs, commas, and any other non-essential symbols. (e.g., $7.90 should be entered as 7.90) Prices must be in US Dollars. Enter “n/a” to indicate not available or “0” if there is no charge. Cells left blank will be interpreted as “no offer”. Download the cost worksheet, complete the worksheet and then upload the worksheet by following the instructions in the third bullet of Section 2.2.4 “Uploading Forms” of this eRFP.
All timely proposals will be evaluated in accordance with the following steps. The objective of the evaluation process is to identify the proposal which represents the best value to the State Entity based on a combination of technical and cost factors. Based on the results of the initial evaluation, the State Entity may or may not elect to negotiate technical and/or cost factors as further described in the eRFP. In the event negotiations of the technical and/or cost factors occur, the revised proposals will be reevaluated in accordance with the provisions of Section 6.4 “Scoring Criteria” of this eRFP. Once the evaluation process has been completed (and any negotiations the State Entity desires to conduct have occurred), the apparent successful supplier(s) will be required to enter into discussions with the State Entity to resolve any exceptions to the State Entity’s contract. The State Entity will announce the results of the eRFP as described further in Section 6.9 “Public Award Announcement” of this eRFP.
First, the proposals will be reviewed by the Issuing Officer to determine the proposal’s compliance with the following requirements: 1. Proposal was submitted by deadline in accordance with Section 2 2. Proposal is complete and contains all required documents 3. Technical Proposal does not include any pricing from the Cost Proposal
If the supplier’s proposal passes the Administrative/Preliminary Review, the supplier’s responses to Section 4 “eRFP Proposal Factors” will be submitted to the Evaluation Team for evaluation.
The Evaluation Team will review each proposal in detail to determine its compliance with mandatory eRFP requirements. Responses to both “Mandatory” and “Mandatory Scored” Questions will be evaluated on a pass/fail basis. If a proposal fails to meet a mandatory and/or mandatory scored eRFP requirement, the State Entity will determine if the deviation is material. A material deviation will be cause for rejection of the proposal. An immaterial deviation will be processed as if no deviation had occurred. All proposals which meet the requirements of the “Mandatory” and “Mandatory Scored” Questions are considered “Responsive Proposals” at this point in time and will be scored in accordance with the point allocation in Section 6.4 “Scoring Criteria” of this eRFP.
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