REQUEST FOR PROPOSAL (RFP)gov.findrfp.com/docs/13695_RFP150041-ABJ.pdf · Administrative Services Procurement Section Title: Conference Facilities, Lodging, Catering, Food and Beverage

1

REQUEST FOR PROPOSAL (RFP) Issue Date: December 22, 2011 RFP# 150041-ABJ Title: Conference Facilities, Lodging, Catering, Food and Beverage Services (2012 Garver Leadership Conference) Commodity Code: 91523, 97130, 97165 Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT) Central Office Mail Center – Loading Dock Entrance 1401 East Broad Street

Richmond, VA 23219 Attn: Alice Braswell-Jones, Contract Officer

Using Agency And/Or Location Where Work Will Be Performed: Virginia Department of Transportation (VDOT) Learning Center 1401 East Broad Street Richmond, VA 23219 Initial Period Of Contract: From Period Determined At Award Through May, 31, 2011.(*Renewable) Pre-Proposal Conference: A Pre-proposal Conference Will Not Be Held. See related Section VII. Proposal Conference. Sealed Proposals Will Be Received Until January 18, 2012, 2 P.M. For Furnishing The Goods/Services Described Herein. Proposals, Names of Individuals Or Names of Firms Submitting Proposals Will Be READ in Public on, January 19, 2012, 2 P.M. At VDOT, 1201 E. Broad Street, First (1st) Floor, Richmond, VA 23219 All Inquiries For Information SHOULD Be Directed In Writing, to: Alice Braswell-Jones, Contract Officer, via e-mail: [email protected]. No questions will be answered by phone or verbally. All questions must be received on or before January 12, 2012 EST. IF PROPOSALS ARE MAILED, HAND DELIVERED, SENT BY FED EX OR OTHER COURIER, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE In Compliance With This Request For Proposal And To All The Conditions Imposed Therein And Hereby Incorporated By Reference, The Undersigned Offers And Agrees To Furnish The Goods/Services In Accordance With The Attached Signed Proposal Or As Mutually Agreed Upon By Subsequent Negotiation. Name and Address of Firm: Date: By: (Signature In Ink) Name: (Type or Print) eVA ID NO. OR DUNS#

Title __________________________________

Fax: ( ) E-Mail Phone ( ) Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Administrative Services Procurement Section Title: Conference Facilities, Lodging, Catering, Food and Beverage Services (2012 Garver Leadership Conference) RFP #150041-ABJ

2

TABLE OF CONTENTS

I. PURPOSE 3

II. BACKGROUND 3 III. STATEMENT OF NEEDS 3

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 10

V. EVALUATION AND AWARD CRITERIA 15

VI. REPORTING AND DELIVERY INSTRUCTIONS 16

VII. PRE-PROPOSAL CONFERENCE (will not be held) 16

VIII. GENERAL TERMS AND CONDITIONS 16 IX. SPECIAL TERMS AND CONDITIONS 27 X. METHOD OF PAYMENT 33

XI. PRICING SCHEDULE 34

XII. ATTACHMENTS 34

A. Offeror Qualification Certification Form 35 B. Proprietary and Confidential Information Summary Form 36 C. State Pier Diem for Meals, Incidentals and Lodging 37 D. Preliminary Agenda 38 E. Lodging Pricing Schedule Worksheet 39 F. Meeting Rooms Pricing Schedule Worksheet 40 G. Catering Pricing Schedule Worksheet 41


3

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified firms to establish a contract for conference facilities, overnight lodging, break refreshments and meals for approximately three-hundred and fifty (350) participants at a site in the Greater Richmond area, including the City of Richmond, Chesterfield, Goochland, Hanover and Henrico Counties for the Virginia Department of Transportation (VDOT) 2012 Garver Leadership Conference. The conference facilities will be used by the Virginia Department of Transportation Learning Center (VDOT/LC) to host this conference. For the purposes of this solicitation, VDOT and the Learning Center may be referred to as “Agency” or “VDOT/LC.”

II. BACKGROUND

VDOT/LC conducts the Garver Leadership Conference, which is typically held annually, in the spring for top leaders in the VDOT organization. The conference spans three (3) consecutive weekdays.

III. STATEMENT OF NEEDS

The Contractor shall make available a conference facility utilizing various room configurations, accommodations, catering, food, beverage, audio visual services and parking for approximately three-hundred and fifty (350) conference participants for three (3) consecutive weekdays preferably beginning on Wednesday and ending on Friday. The desired dates of the conference are between April 25, 2012 through May 11, 2012. Other dates may be considered, although not desirable. A. GENERAL:

1. The Contractor shall provide event services and assign a conference manager to work with VDOT/LC throughout the conference to coordinate meals and activities.

2. A conference planning meeting shall be held between VDOT and the Contractor’s department managers responsible for catering, reservations, facilities management, A/V equipment and others as deemed necessary prior to the opening of the conference at a mutually agreeable date and time. The purpose of the meeting will be to review and confirm conference daily event orders and make adjustments as necessary. Additional meetings may be scheduled during the conference as necessary.


4

3. The Contractor’s conference manager shall possess and utilize a radio or

compatible communications equipment and provide the same to the VDOT conference staff contact.

4. The sample conference schedule in Attachment D – Preliminary Agenda is representative of the planned conference. Activities may change based on factors such as timing, space or speaker availability, etc. Additional days similar to those listed may be added to the schedule upon mutual agreement.

5. All of the Contractor’s space will be fully accessible to individuals with

disabilities.

6. If the conference is cancelled or attendees are called away due to a state emergency (i.e., state or national disaster), no cancellation penalty will apply.

B. CONFERENCE FACILITY:

All rooms will be set up as specified and made available to VDOT/LC by 6:00 P.M. the day prior to VDOT usage through the day the conference ends this includes tables, seating, audio visual, registration information area and other services. (i.e., Meeting rooms and/or conference space needed on Wednesday will be made available to VDOT on Tuesday at 6 P.M. Meeting rooms and/or conference space needed on Thursday will be made available to VDOT on Wednesday at 6 P.M.). Sufficient space will be available for free movement within the rooms, and access to doors. 1. On Wednesday, the conference facility should be able to provide the

following:

a. A plenary room with a minimum seating capacity of three-hundred and fifty (350) people to accommodate a general session and meals of conference attendees. This room shall have a riser or stage area with a podium and public address system. Sufficient space will be available for free movement within the room, and access to doors. This room should have telephone and internet access.

b. A minimum of one (1) meeting room to be used by attendees for

ad hoc meetings as needed. This room will accommodate up to ten (10) people seated and shall include two (2), six-foot (6’) tables. This room should have telephone and internet access.

c. A minimum of one (1) room to serve as a conference support

storage room in close proximity of the meeting rooms designated


5

for use of conference support staff for storage of materials and equipment if needed. This room shall include two (2), six-foot (6’) tables, seating for a minimum of ten (10) people, and should have telephone and internet access.

d. A minimum of one (1) room to serve as a hospitality room to

accommodate up to twenty-five (25) people seated with tables for drinks and food. This room should have telephone and internet access and should have refrigeration and easy access to an ice machine.

2. On Thursday, the conference facility should be able to simultaneously

provide the following:





storage room in close proximity of the meeting rooms designated for use of conference support staff for storage of materials and equipment if needed. This room shall include two (2), six-foot (6’) tables, seating for a minimum of ten (10) people, and should have telephone and internet access.

d. A minimum of five (5) separate meeting rooms, each having a

minimum seating capacity of forty (40) to fifty (50) people. The room will be set up with tables in classroom or banquet style. Each meeting room shall have as a minimum, a podium or head table with microphone and chair, and should have telephone and internet access.

3. On Friday, the conference facility should be able to simultaneously

provide the following:



6




storage room in close proximity of the meeting rooms designated for use of conference support staff for storage of materials and equipment if needed. This room shall include two (2), six-foot (6’) tables, seating for a minimum of ten (10) people, and should have telephone and internet access.

d. A minimum of five (5) separate meeting rooms, each having a

minimum seating capacity of forty (40) to fifty (50) people. The room will be set up with tables in classroom or banquet style. Each meeting room shall have as a minimum, a podium or head table with microphone and chair, and should have telephone and internet access.

4. All rooms shall be in close proximity and shall be reasonably free from

distractions, contain trash receptacles and have good lighting and ventilation. The facility should support communication between the VDOT conference staff and contractor’s facility staff such as intercom, telephone, etc.

5. The meeting rooms and storage room are not to be used by any other

groups during the conference dates, Wednesday through Friday and will be secured each evening so that conference materials and equipment are not disturbed overnight.

6. The Contractor shall provide a registration area outside the plenary

room with a minimum of three (3), six (6) foot tables, chairs and trash receptacles on each day of the conference.

7. The Contractor shall have adequate parking for conference participants

and parking shall be convenient to the facility.

8. The Contractor should have easels or marquees available for conference signage.

9. The Contractor shall furnish staff to hang the conference banner in the

main meeting room.

10. VDOT may delete rooms as required. VDOT may add rooms as required with agreement of the Contractor.


7

C. ACCOMMODATIONS:

1. It is anticipated that the conference will need approximately twenty-five

(25) sleeping rooms in singles, doubles, or other combinations in contiguous buildings or other nearby properties by 6:00 P.M. on the day (Tuesday) prior to the conference start day. Elevator access is required to all sleeping rooms.

2. It is anticipated that the conference will need approximately twenty –

five (25) sleeping rooms on prep (Tuesday) day, one-hundred fifty (150) sleeping rooms on the first (Wednesday) night and one-hundred seventy-five (175) sleeping rooms on the second (Thursday) night of the conference; for a total of approximately three-hundred and fifty- (350) sleeping rooms in singles, doubles, or other combinations in contiguous buildings or in coordination with other nearby properties. Elevator access is required to all sleeping rooms. The rate charged for these rooms must not exceed the prevailing state per diem rate excluding taxes and surcharges (See Attachment C).

3. The Contractor shall allow for late check-ins the night prior to the

conference start day and the two (2) nights during the conference.

4. A minimum of eighty percent (80%) of the rooms will be nonsmoking. 5. The facility should be able to provide breakfast service at a minimum,

preferably included with lodging at no additional cost. The proximity of the restaurant or food service area and lounge should be far enough from the sleeping rooms to allow the areas near sleeping rooms to be quiet during the evening hours.

6. The Contractor shall provide VDOT/LC with conference guest room lists

upon request.

7. The Contractor shall only charge for rooms occupied. The Contractor will bill VDOT on one master bill. Conference attendees will be responsible for payment of incidental charges. The Contractor shall include on the master bill all lodging, catering, audio visual and related expenses for VDOT/LC as detailed in Section X. Method of Payment. VDOT/LC will provide the Contractor a list of designated conference attendees.

8. The Contractor shall complete pre-registration to allow for ease at

check-in. VDOT will submit a room confirmation list to the Contractor approximately three (3) weeks prior to the conference event.


8

9. The Contractor must allow changes to rooming requirements up until

two (2) weeks prior to the event. Final reservations will be made in accordance with the rooming list, as provided by VDOT, no later than two (2) weeks prior to Day 1 of the conference. After that date, the Contractor may offer any unused rooms held in the conference block to other customers.

10. The Contractor must allow for name changes to the room confirmation

list for the entirety of the event and room name assignments may be changed without changing the number of rooms or room nights.

11. The Contractor should be prepared to allow late check-out on Friday for

designated VDOT/LC conference support staff, not to exceed ten (10) rooms.

12. Up to twenty-five percent (25%) of the rooms should be available for

continued stay for three (3) nights following the conference, without requirement of room change, for booking by conference attendees at their expense.

13. The Contractor should provide “green” options for lodgers in regard to

the changing of sheets, towels, etc. during their stay. For example, the lodger could request that sheets, towels, etc. not be changed each day to reduce the need for washing. In addition, the Contractor may offer other environmentally friendly practices including reduce, reuse, recycle initiatives in performance of the contract goods and services.

D. CATERING SERVICES:

1. The Contractor should have the ability to provide continuous food and beverage service for approximately three-hundred and fifty (350) people during the conference with the times and selections made by VDOT/LC.

2. The Contractor shall have the ability to provide plated, buffet, heavy

hors d’oeuvres and boxed lunch meals for approximately three-hundred and fifty (350) people at any meal function. The times, types of meals and menus shall be mutually agreed upon between the parties to the contract. Tentative plans for this event include Wednesday reception served at 6:00 P.M. with heavy hors d’oeuvres or buffet dinner for three-hundred and fifty (350), Thursday lunch served at Noon for three-hundred and fifty (350) and dinner for three-hundred and fifty (350) served at 6:00 P.M. Buffet meals will have a minimum of four (4) serving lines, which are not located inside the plenary or meeting


9

rooms. Vegetarian, Kosher meals and other special dietary requests should be available with minimum advance notice at no additional cost.

3. The Contractor shall have water available for attendees in or near each

meeting room. 4. The Contractor shall provide continuous beverage service; i.e. coffee for

approximately three-hundred and fifty people on each day of the conference (Wednesday, Thursday and Friday).

5. All conference rooms should be inspected and cleaned when necessary

between class sessions. E. AUDIO VISUAL EQUIPMENT:

1. The Contractor shall have the ability to provide a minimum of the following audio visual equipment/services in each meeting room.

Quantity Per room

Description

1 Public Address system and podium with wired microphones available at VDOT’s discretion, wireless microphones preferred

1 Liquid Crystal Display (LCD) projector with 3,000 lumens minimum

1 Audio visual (A/V) table that can hold a LCD projector and a laptop. The table should be of sufficient size to hold both the LCD projector and a VDOT supplied laptop computer, or two (2) tables, one for each piece of equipment.

1 Projection screen appropriate to the size of each room 1 Flipchart on easel stand 1 Telephone line 1 High-speed internet data connection for each room and/or

wireless internet service 1 120-volt standard power outlet

2. The Contractor shall have the ability to provide image magnification,

stage lighting and a technician to manage image and lighting equipment, audio system and an LCD projector with 3,000 lumens minimum, if needed, for general sessions.

3. All equipment provided shall be in good working condition and the

Contractor shall inspect it at the beginning of each day to assure reliability. The Contractor shall maintain backup equipment available to substitute in case of failure within ten (10) minutes of notification from the conference staff.

4. The Contractor shall have an A/V technician on-site throughout the

conference.


10

5. VDOT, at its discretion, may use its own audio visual equipment at no

extra cost. IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One (1) paper original of each proposal, three (3) full paper copies, one (1) redacted paper copy, and four (4) CD copies in a format compatible with Microsoft Office Suite 2007 must be submitted to the issuing agency. The redacted version of the proposal must have all proprietary information deleted that has been marked as proprietary. Section numbers which are redacted should be identified as follows: Example: Section 3, paragraph B: “Redacted”. The redacted version of the proposal must be carefully edited, altered, and refined by the Offeror in order to protect and maintain complete confidentiality of protected information. VDOT will not accept responsibility for any public disclosure of proprietary information that is a result of improper redaction by the Offeror. No other distribution of the proposal shall be made by the Offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the

Offeror. All information requested should be submitted. Failure to submit all information requested may result in VDOT requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by VDOT. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing

a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the

requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter,


11

and repeat the text of the requirement as it appears in the RFP. If a response covers more than one (1) page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may”

identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are useful and highly desirable, but are not required.

e. Each copy of the proposal should be bound or contained in a

single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated

and prepared for the State pursuant to the RFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act.

g. Trade secrets or proprietary information submitted by an Offeror

shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.


12

3. Oral Presentation: Offerors who submit a proposal in response to this

RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

4. Site Visit: VDOT, may at its discretion, schedule a site visit of the

Offeror’s facility to assist in determining the suitability of the facility. A site visit will include inspection of the facilities and a tasting of catered food options.

B. SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be as thorough and

detailed as possible so that the Virginia Department of Transportation may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:

1. Return the RFP cover sheet and all addenda acknowledgments, if any,

signed and filled out as required.

a. Offeror Submission - Instructions: Return the signed cover sheet, any and all signed addenda and all required attachments must be received in our office no later than the receipt date and time stated on the RFP signature page.

The address for the return of proposals is as follows: Virginia Department of Transportation Central Office Mail Center – Loading Dock Entrance 1401 E. Broad Street Richmond, VA 23219 Attn: Alice Braswell-Jones, Contract Officer 2. Return the following documents completed as required:

a. Attachment A, Offeror Qualification Certification Form

b. Attachment B, Proprietary/Confidential Information Summary Form

c. Attachment E, Lodging Pricing Schedule Worksheet

d. Attachment F, Meeting Rooms Pricing Schedule Worksheet


13

e. Attachment G, Catering Pricing Schedule Worksheet

3. A written narrative statement to include:

a. Experience of your company and staff in providing the services described Statement of Needs

b. Names, qualifications and experience of lead personnel to be

assigned to the project. c. Description of up to two (2) conferences of similar scope and size

described herein, which were held at Offeror facility in the past two (2) years. Provide the dates held and contact information for each. Also see Attachment A, Item 3 – References.

4. Specific plans for providing the goods/services described in Section III

Statement of Needs; including, but not limited to the following: a. Availability of desired dates; b. Location of facility and ease of access; c. Adequateness of and configuration, number and quality of

meeting, banquet, operations/staff rooms and exhibit space; d. Number of available guest rooms, quality and appropriate

furnishing within the rooms, location of rooms and hi-speed internet data connections and/or hi-speed wireless internet service;

e. Availability of rooms designed for special needs; f. Specify the minimum lead time for booking extended stay; g. Availability of parking for guests and commuters; h. Availability of assistance for loading and unloading of conference

material for conference staff; i. Availability of assistance for loading and unloading of attendees

luggage; j. Appropriateness of lighting, ventilation, sound quality in guest

rooms, and all meeting rooms; k. Description of food services for meals, breaks, receptions:

portion, variety, ability to meet special dietary requests, refreshment in meeting rooms;

l. Proposed menus; including at least two (2) sample menus for the lunch buffet, plated dinner, reception and boxed lunch;

m. Number of trained staff for all the conference needs including wait staff, janitorial, maid service, front desk service, reservation, audio/visual services, special services, etc;


14

n. Security for facility and guests; o. Proposed reservation procedures; p. Proposed billing procedures for both master account, incidental

charges of conference attendees and attendees that stay past conference dates;

q. List of available audio/visual equipment and services; (including but not limited to speakers & mixers, podiums, microphones (fixed, freestanding and lavaliere), platform risers, tables, extension cords, surge protectors, etc.);

r. List any requirements or restrictions should VDOT provide its own audio/visual equipment; and,

s. Availability of hi-speed internet data connection and/or hi-speed wireless internet service in meeting rooms.

5. Provide a drawing of all conference facility space described in the Statement of Needs, Section III. B., including the location of restrooms, and telephones. Include fixed break service area, buffet lines outside of plenary rooms in drawings.

6. Provide a drawing with room layout for the plenary room to accommodate seating for three-hundred and fifty (350) people with proposed locations for two (2) projection screens, one (1) podium with fixed speakers on platform risers, one (1) free-standing microphone, tables for placement of LCD Projector and laptop computers, speakers and other sound equipment, overhead projectors and other visual equipment.

7. Proposed Price. Proposed pricing including, but not limited to the following (See Section XI. and Pricing Schedule Worksheet Attachments E, F and G) of the RFP and complete all categories.

a. Cost for meeting and plenary rooms; b. Cost for guest rooms for state employees and other attendees;

c. Costs for meals and breaks; inclusive of all taxes, tips or other fees;

d. Costs of parking for guests and other attendees, if not included/free of charge;

e. Cost of internet data connection; including equipment and service support;

f. Cost of audio/visual equipment; g. Cost for extended bookings; and, h. Other cost associated with conference.


15

8. “Green” Options: a. Provide information on “green” options for lodgers in regard to the

changing of sheets, towels, etc. during their stay. For example, the lodger could request that sheets, towels, etc. not be changed each day to reduce the need for washing.

b. In addition, provide information on any other environmentally

friendly practices, offered for use during contract performance, including reduce, reuse, and recycle initiatives.

c. Is your facility a certified Virginia Green facility? If so please

provide certification number.

9. Describe any services offered by your firm that are not specifically mentioned in the Statement of Needs.

V. EVALUATION AND AWARD CRITERIA: A. EVALUATION CRITERIA: Proposals shall be evaluated by the Virginia

Department of Transportation using the following criteria.

EVALUATION CRITERIA POINT VALUE

1. Conference Facilities, Services and Availability of Dates 55 2. Qualifications and Experience 25 3. Price 20 Total Point Value 100

B. AWARD: Selection shall be made of two (2) or more Offerors deemed to be

fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the agency shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, §2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one (1) Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and


16

awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Contractor’s proposal as negotiated.

C. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the

Offeror(s) may be asked to submit in writing, a Best And Final Offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the Offeror(s). The Offeror’s proposal will be rescored to combine and include the information contained in the BAFO. The decision to award will be based on the final evaluation including the BAFO.

VI. REPORTING AND DELIVERY INSTRUCTIONS

The Contractor shall provide hotel guest lists, daily event orders and other reports as may be required by VDOT.

VII. PRE-PROPOSAL CONFERENCE: A pre-proposal conference will not be held. VIII. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the “Vendor” tab.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting

contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the Contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to

the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With


17

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the Contractor agrees as

follows: a. The Contractor will not discriminate against any employee or

applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for

employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance

with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The Contractor will include the provisions of 1. above in every

subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors

certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or Subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan,


18

subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a

written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their proposals, Offerors certify that

they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

G. ANTITRUST: By entering into a contract, the Contractor conveys, sells,

assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR

RFPs:

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective Offeror has questions about

the specifications or other solicitation documents, the prospective Offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.


19

J. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be

submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than thirty (30)

days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than thirty (30) days, however.

c. All goods or services provided under this contract or purchase

order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the

date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency

procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt


20

payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors: a. A Contractor awarded a contract under this solicitation is hereby

obligated: (1) To pay the Subcontractor(s) within seven (7) days of the

Contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the Subcontractor(s) under the contract; or

(2) To notify the agency and the Subcontractor(s), in writing, of

the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the Subcontractor(s) interest at

the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a Subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each Prime Contractor who wins an award in which provision of a SWAM

procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from Subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages Contractors and

Subcontractors to accept electronic and credit card payments.


21

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such

reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the Commonwealth that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to

conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the

Contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any

of the following ways: 1. The parties may agree in writing to modify the scope of the contract.

An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of

the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give


22

the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the

contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the Contractor to proceed with the work and keep a

record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with

the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.


23

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the

name of a certain brand, make or manufacturer does not restrict Offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the proposal will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the Offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their proposals, all

Offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. INSURANCE: By signing and submitting a proposal under this solicitation,

the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any Subcontractors are involved, the Subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the Contractor and any Subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.


24

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

1. Workers’ Compensation - Statutory requirements and benefits.

Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000. 3. Commercial General Liability - $1,000,000 per occurrence. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 per occurrence.

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA web site (www.eva.state.va.us) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: During the performance of this contract, the

Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.


25

W. NONDISCRIMINATION OF CONTRACTORS: An Offeror, or Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the Offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA

Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Effective July 1, 2011, vendor registration and registration-renewal fees have been discontinued. Registration options are as follows:

a. eVA Basic Vendor Registration Service: eVA Basic Vendor Registration

Service includes electronic order receipt, vendor catalog posting, on-line registration, electronic bidding, and the ability to research historical procurement data available in the eVA purchase transaction data warehouse.

b. eVA Premium Vendor Registration Service: eVA Premium Vendor

Registration Service includes all benefits of the eVA Basic Vendor Registration Service plus automatic email or fax notification of solicitations and amendments.


26

Vendor transaction fees are determined by the date the original purchase order is issued and are as follows:

a. For orders issued prior to August 16, 2006, the Vendor Transaction Fee

is 1%, capped at a maximum of $500 per order. b. For orders issued August 16, 2006 thru June 30, 2011, the

Vendor Transaction Fee is:

(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.

c. For orders issued July 1, 2011 thru June 30, 2012, the Vendor

Transaction Fee is:

(i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order.

(ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.

d. For orders issued July 1, 2012 and after, the Vendor

Transaction Fee is:

(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

Z. SET-ASIDES. This solicitation is set-aside for DMBE-certified small business

participation only when designated “SET-ASIDE FOR SMALL BUSINESSES” in the solicitation. DMBE-certified small businesses are those businesses that


27

hold current small business certification from the Virginia Department of Minority Business Enterprise. DMBE-certified women- and minority-owned businesses are also considered small businesses when they have received DMBE small business certification. Small businesses must be certified by DMBE not later than the solicitation due date.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, Offerors

shall state offer prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

IX. SPECIAL TERMS AND CONDITIONS: 1. ADDITIONAL INFORMATION: VDOT reserves the right to ask any Offeror

to submit information missing from its proposal, to clarify its proposal, and to submit additional information which VDOT deems desirable, and does not affect quality, quantity, price or delivery

2. ADVERTISING: In the event a contract is awarded for supplies, equipment,

or services resulting from this proposal, no indication of such sales or services to VDOT will be used in product literature or advertising. The Contractor shall not state in any of its advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services.

3. AUDIT: The Contractor shall retain all books, documents, papers, accounting

records, subcontracting records, and other evidence supporting any of the services performed, and the costs incurred, at all times during the contract period, and for five (5) years after payment of the final invoice or final audit, whichever is later. Such evidence shall be maintained at the Contractor’s office and made available to VDOT at reasonable times. Such evidence will be subject to audit and inspection at any time by VDOT.


28

4. AWARD TO OTHER THAN THE HIGHEST RANKING OFFEROR(S):

Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the agency shall select the Offeror(s) which, in its opinion, has made the best proposal(s) and shall award the contract to that Offeror; however, the contract may be awarded to a reasonably ranked DMBE-certified small business Offeror(s), that is other than the highest ranking Offeror(s). The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

5. CANCELLATION OF CONTRACT: The Department reserves the right to

cancel and terminate any resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the Contractor. In the event the initial contract period is for more than twelve (12) months, the resulting contract may be terminated by either party, without penalty, after the initial twelve (12) months of the contract period upon sixty (60) days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

6. CONFIDENTIALITY OF PESONALLY IDENTIFIABLE INFORMATION: The

Contractor assures that information and data obtained as to personal facts and circumstances related to clients will be collected and held confidential, during and the following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding


29

external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

7. DAMAGE CLAIMS: The Contractor shall be responsible for resolution of any

and all claims. Claims made to VDOT as a result of this work will be referred to the Contractor for handling. Failure to properly respond to and resolve property claims constitutes unsatisfactory performance and may result in cancellation of the contract.

8. DELAYS IN AWARD: Delays in award of a contract beyond the anticipated

starting date may result in a change in the contract period indicated in the solicitation. If this situation occurs, VDOT reserves the right to award a contract covering the period equal to or less than the initial term indicated in the solicitation.

9. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: The

solicitation/contract will result in up to five purchase order(s) with the eVA transaction fee specified below assessed for each order.

a. For orders issued prior to August 16, 2006, the Vendor Transaction Fee

is 1%, capped at a maximum of $500 per order. b. For orders issued August 16, 2006 thru July 1, 2011, the

Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, Capped at $500

per order. (ii) Businesses that are not DMBE-certified Small Businesses:

1%, Capped at $1,500 per order. c. For orders issued July 1, 2011 thru June 30, 2012, the Vendor

Transaction Fee is: (i) DMBE-certified Small Businesses: 0.75%, Capped at

$500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 0.75%,

Capped at $1,500 per order. d. For orders issued July 1, 2012 and after, the Vendor

Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, Capped at $500

per order. (ii) Businesses that are not DMBE-certified Small Businesses:

1%, Capped at $1,500 per order.


30

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to [email protected].

10. IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not

furnished, or if return in the special envelope is not possible, the signed proposal should be returned in a separate envelope or package, sealed and identified as follows:

From: _____________

Name of Offeror Due Date Time

________________ Street or Box Number RFP No.

________________

City, State, Zip Code RFP Title

Name of Contract/Purchase Officer

The envelope should be addressed as directed on Page 1 of the solicitation.

If a proposal not contained in the special envelope is mailed, the Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the


31

designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

11. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.

12. PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be

responsible for completely supervising and directing the work under this contract and all Subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the Prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his Subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

13. PROPOSAL ACCEPTANCE PERIOD: Any proposal in response to this

solicitation shall be valid for (90) days. At the end of the (90) days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

14. QUANTITIES: Quantities set forth in this solicitation are estimates only, and

the Contractor shall supply at proposal prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

15. RECEIPT OF PROPOSALS: It is the Offeror’s responsibility to insure that

their proposal is received prior to or at the specific time and place designated in the solicitation. Proposals received after the date and time specified for receipt shall not be considered. Proposals not received at the time and place designated (See Page 1), even if they are received at other VDOT offices/locations, will be considered late. Please note that hand delivered proposals will not be accepted at the Virginia Department of Transportation, Central Office ASD, 1201 E. Broad Street, Richmond, VA 23219 location.


32

16. RENEWAL OF CONTRACT: This contract may be renewed by VDOT for two (2) successive, one (1) year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal. Written notice of VDOT’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

a. If the Commonwealth elects to exercise the option to renew the

contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the “Other Services” category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the Commonwealth elects to

exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the “Other Services” category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

17. SPECIAL DISCOUNTS: (A) During the contract period, if the Contractor

offers promotional discounts as a general practice for items available under this contract, with the result that those prices are lower than the prices available under this contract, then the promotional discounts shall be made available to VDOT under this contract. (B) The effective date for price changes/discounts will be the date that the lower prices/discounts were made available to the Contractor's customers generally.

18. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its


33

acceptance of Contractor’s statement describing why the Offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

19. SUBCONTRACTS: No portion of the work shall be subcontracted without

prior written consent of the Department. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the Department the names, qualifications and experience of their proposed Subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its Subcontractor(s) and shall assure compliance with all requirements of the contract.

20. TERMINATION OF CONTRACT: If the Contractor fails to provide quality

goods or services in a professional manner and in accordance with applicable laws, regulations or bid provisions, solely as determined by VDOT and, upon receipt of notice from VDOT does not correct the deficiency within a reasonable period of time (not to exceed seven (7) calendar days unless otherwise agreed to by VDOT), VDOT reserves the right to terminate the contract by giving written notice to the Contractor. Upon termination VDOT may procure the services from another Contractor in accordance with the terms of Paragraph P, General Terms and Conditions.

X. METHOD OF PAYMENT:

A. Payments: 1. All meeting rooms, guest rooms, taxes and conference provided meals

will be applied to a master account and direct billed as follows: Virginia Department of Transportation Learning Center VDOT/LC – Attention: Cheryl James 101 North 14th Street, 10th Floor Richmond, VA 23219

2. Invoices must clearly reference the Contract Number, a detailed list of goods/services delivered for which payment is being requested.

3. Payments will be made within thirty (30) days after receipt of an

accepted invoice at the Central Office and following the review and approval by the authorizing VDOT Project Manager.


34

XI. PRICING SCHEDULE:

A. Offerors shall complete the pricing schedule worksheets in Attachments E, F

and G for Lodging, Meeting Rooms and Catering and include in their proposals. Pricing submitted for lodging and catering must be in accordance with Attachment C, State Per Diem for Meals, Incidentals and Lodging.

B. Each line in the pricing schedule worksheets must be completed. Lines left

blank are not acceptable and may result in rejection of the proposal.

XII. ATTACHMENTS:


35

ATTACHMENT A

OFFEROR QUALIFICATION CERTIFICATION FORM ALL OFFERORS RESPONDING TO THIS RFP ARE REQUIRED TO COMPLETE ALL ITEMS THAT ARE APPLICABLE. PLACE N/A BESIDE ALL QUESTIONS THAT ARE NOT APPLICABLE. 1. Name of Business: __________________________________________________ 2. Name of Owner or Chief Executive Officer: __________________ Telephone Number: _________________ 3. Emergency or After Hours contact name: ____________________ Telephone Number: _________________ 4. How many years has the firm been in the business of performing the services called

for in this inquiry? _________ 5. How many persons are currently employed by the firm? 6. Provide the firm name, contact person, email address and telephone / fax numbers

of three (3) customers for which your firm has provided services of the same scope as those requested in this inquiry. We may contact these customers as references.

FIRM’S NAME CONTACT PERSON EMAIL

ADDRESS TELEPHONE /

FAX #

7. Is your firm currently registered as an eVA vendor? ___No ___Yes Registration is

a requirement to receive an award. 8. Is your firm a faith-based organization? ___No ___Yes


36

ATTACHMENT B

PROPRIETARY/CONFIDENTIAL INFORMATION

SUMMARY FORM

SECTION/TITLE PAGE NUMBER(S)

REASON(S) FOR WITHHOLDING FROM DISCLOSURE

*Identify the reason for withholding from disclosure in accordance with the Code of Virginia § 2.2-4342F.

Revised 12-2-08


37

ATTACHMENT C State Per Diem for Meals, Incidentals and Lodging

Rates effective October 1, 2011

STATE PER DIEM RATES FOR MEALS AND INCIDENTIAL EXPENSES Meals include all tips and taxes

Chesterfield &

Henrico Richmond

Breakfast $ 8 $11 Lunch $12 $16 Dinner $26 $34 Meals $46 $61 Incidental Expenses

$ 5 $ 5

DAILY TOTAL $51 $66

LODGING AND DAILY MEAL PER DIEM BY LOCATION

IN-STATE Location

Lodging Rate

Excludes Taxes and Surcharges

Meals & Incidental Expense (M&IE) Rate

Includes tips, taxes

Chesterfield and Henrico Counties $ 83 $ 51

Richmond (City Limits) $ 112 $ 66


38

ATTACHMENT D: Preliminary Agenda (This agenda is preliminary and subject to change.)

Description Day Time Activity Attendee Number Catering Needs

Prep Day Tuesday Evening Bristol Attendees, Staff Organizers 25 None

Day 1 Wednesday 1 P.M. – 3 P.M. Conference Check In 350 Continuous refreshment

3 P.M. – 6 P.M. Day 1 Welcome Opening Session

350 Continuous refreshment

Team Building exercise

6 P.M. ‐ 7:30 P.M. Reception 350 Reception w/heavy hors d'oeuvres

‐ or – Buffet or Plated dinner ‐ or ‐ Buffet or Plated dinner

Day 2 Thursday 6 A.M. ‐ 8:30 A.M. Breakfast 350 Restaurant or separate dining area

8:30 A.M. Day 2 Welcome 350

Opening Address Continuous Refreshment

Commissioner

Introduction of Conference Topic

15 Minutes Break 0 15 minute break

90 Minutes Breakout sessions begin ‐ Topic # 1 50 ‐ 60 Breakout sessions begin ‐ Topic # 1

Five (5) separate meeting rooms 50 ‐ 60

50 ‐ 60 Continuous Refreshment

50 ‐ 60

50 ‐ 60

1 Hour Lunch 350 Buffet or Plated Lunch

90 Minutes Breakout sessions begin ‐ topic # 2 50 ‐ 60 Topic # 2

Five ( 5) separate meeting rooms 50 ‐ 60


50 ‐ 60

50 ‐ 60

15 Minutes Break 0 15 minute break

90 Minutes Breakout sessions begin ‐ Topic # 3 50 ‐ 60 Topic # 3

Five (5) separate meeting rooms 50 ‐ 60


50 ‐ 60

50 ‐ 60

1 Hour Personal Time Personal Time

1 Hour Dinner and Guest Speaker 350 Buffet or Plated Dinner

Day 3 Friday 6 A.M. ‐ 12 Noon Check out by 12 Noon 0 Check out by 12 Noon

6 A.M. – 8:30 A.M. Breakfast 350 Breakfast

8:30 A.M. Day 3 Welcome Day 3 Welcome

45 Minutes Closing Guest Presenter

15 Minutes Break

TBD Commissioner Awards 350 Continuous Refreshment

Conference Adjourns


39

ATTACHMENT E Lodging Pricing Schedule Worksheet

VDOT/LC Request for Proposal: 2012 Garver Conference

Specifications may change based on final location of conference.

Refer to Section III.‐ Statement of Needs

Cost of Room must adhere to state guidelines as detailed in Attachment C. State Per Diem for Meals, Incidentals and Lodging

Description Day Room Type Requirement (Quantity)

Cost of Room

Tax ($ not %) Surcharge Total

Prep Day Tuesday

access at 6 P.M. Hospitality 2 $__________________ $__________________ $__________________ $__________________

Lodging 25 $__________________ $__________________ $__________________ $__________________

Day 1 Wednesday Hospitality 2 $__________________ $__________________ $__________________ $__________________

Lodging 150 $__________________ $__________________ $__________________ $__________________

Day 2 Thursday Hospitality 2 $__________________ $__________________ $__________________ $__________________

Lodging 175 $__________________ $__________________ $__________________ $__________________

Day 3 Friday Hospitality 5 P.M. Checkout $0.00 $0.00 $0.00 $0.00

Lodging 12 Noon Checkout $0.00 $0.00 $0.00 $0.00

Total Room Nights: 356 Total Expense: $__________________


40

ATTACHMENT F Meeting Rooms Pricing Schedule Worksheet

MEETING ROOMS

VDOT/LC Request for Proposal: 2012 Garver Conference

Refer to Section III. – Statement of Needs for room specifications

Specifications may change based on final location of conference.

There are no state guidelines for meeting room costs.

Description Day Room Type Requirement(Quantity)

Costof Meeting Room

Tax($ not %) Surcharge Total

Prep Day Tuesday

access at 6 P.M. Plenary (acc. 350) 1 $__________________ $__________________ $__________________ $__________________

Breakout rooms

(acc. 40) 5 $__________________ $__________________ $__________________ $__________________

Conference support

meeting room 1 $__________________ $__________________ $__________________ $__________________

Day 1 Wednesday Plenary (acc. 350) 1 $__________________ $__________________ $__________________ $__________________

Breakout rooms

(acc. 40) 5 $__________________ $__________________ $__________________ $__________________

Conference support

meeting room 1 $__________________ $__________________ $__________________ $__________________

Day 2 Thursday Plenary (acc. 350) 1 $__________________ $__________________ $__________________ $__________________

Breakout rooms

(acc. 40) 5 $__________________ $__________________ $__________________ $__________________

Conference support

meeting room 1 $__________________ $__________________ $__________________ $__________________

Day 3 Friday Plenary (acc. 350) 1 $__________________ $__________________ $__________________ $__________________

Breakout rooms

(acc. 40) $__________________ $__________________ $__________________ $__________________ $__________________

Conference support

meeting room $__________________ $__________________ $__________________ $__________________ $__________________

Total Expense: $__________________


41

ATTACHMENT G Catering Pricing Schedule Worksheet – Page 1 of 2

Please refer to Attachment E: Pricing Schedule to complete this worksheet.

Please refer to Section III. ‐Statement of Needs

CATERING SPECIFICATIONS per RFP:

Needs are subject to change based on location of conference.

Catering pricing must be in accordance with Attachment C State Per Diem for Meals. Extended cost must be inclusive of tax, tips and gratuity and with the state per diem identified in Attachment C

Description Day Activity Catering F&B needs

Cost Per person

Gratuity ($ not %)

Tax ($ not %)

Total Per Person

Quantity of Guests

Extended Cost

Prep Day

Tuesday access at 6

P.M. Hospitality Room(s)

(drinks and snacks) – ordered as needed $____________ $____________ $____________ $____________ 30 $____________

Plenary None 0

Breakout rooms None 0

Dinner None 0

Day 1 Wednesday Hospitality Room(s) (drinks and snacks) – ordered as needed $____________ $____________ $____________ $____________ 30 $____________

Breakfast None 0

Lunch None 0

Conference Registration

Continuous beverage and break food $____________ $____________ $____________ $____________ 350 $____________

Plenary (acc. 350) ice water replenishment $____________ $____________ $____________ $____________ 350 $____________

Breakout rooms

(acc. 40 in each of 5 rooms) None 0

Dinner Reception ‐ OR ‐ Buffet

Dinner $____________ $____________ $____________ $____________ 350 $____________


42

ATTACHMENT G Catering Pricing Schedule Worksheet – Page 2 of 2

Description Day Activity Catering F&B needs

Cost Per person

Gratuity ($ not %)

Tax ($ not %)

Total Per Person

Quantity of Guests

Extended Cost

Day 2 Thursday Hospitality Room(s) (Drinks and snacks) –ordered as needed $____________ $____________ $____________ $____________ 30 $____________

Breakfast Restaurant, Buffet or included in room rate $____________ $____________ $____________ $____________ 350 $____________

Plenary (acc. 350) Ice water replenishment $____________ $____________ $____________ $____________ 350 $____________

Morning break


Lunch Buffet Lunch $____________ $____________ $____________ $____________ 350 $____________

Breakout rooms (acc. 40 in each of 5

rooms) Ice water replenishment $____________ $____________ $____________ $____________ 350 $____________

Afternoon break


Dinner Buffet or Plated Dinner $____________ $____________ $____________ $____________ 350 $____________

Day 3 Friday Hospitality Room(s) (Drinks and snacks) –ordered as needed $____________ $____________ $____________ $____________ 30 $____________

Breakfast Restaurant or Buffet $____________ $____________ $____________ $____________ 350 $____________

Plenary (acc. 350) Ice water replenishment $____________ $____________ $____________ $____________ 350 $____________

Morning break


Breakout rooms (acc. 40 in each of 5

rooms) Ice water replenishment $____________ $____________ $____________ $____________ 350 $____________

Total Projected

Catering, F&B charges $____________

Documents

REQUEST FOR PROPOSAL (RFP)gov.findrfp.com/docs/13695_RFP150041-ABJ.pdf · Administrative Services Procurement Section Title: Conference Facilities, Lodging, Catering, Food and Beverage