WEST VIRGINIA UNIVERSITY

REQUEST FOR PROPOSALS

For

Portable Basketball Goals/Backboards/Rims And

Accessories

For the New Basketball Practice Facility

RFP # 90002543M Issued by: West Virginia University Department of Purchasing, Contracts, and Payment Services

JUNE 8, 2011

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TABLE OF CONTENTS

1 INTRODUCTION ...................................................................................................... 3

2 SUBMITTING YOUR PROPOSAL .......................................................................... 5

3 SPECIFICATIONS ................................................................................................... 7

4 PRODUCT SPECIFICATIONS ................................................................................ 9

5 RESPONSE SPECIFICATIONS ............................................................................ 13

6 EVALUATION CRITERIA ...................................................................................... 14

7 VENDOR INSTRUCTIONS .................................................................................... 15

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1 INTRODUCTION

The West Virginia University Board of Governors, on behalf of the Department of Intercollegiate Athletics, seeks qualified firms to submit proposals to provide portable basketball goals including accessories and appurtenances for the new Basketball Practice facility being constructed on the Morgantown, WV campus.

West Virginia University Mission and Vision

As a land-grant institution in the 21st century, West Virginia University will deliver high quality education, excel in discovery and innovation, model a culture of diversity and inclusion, promote the health and vitality of our constituents, and build pathways for the exchange of knowledge and opportunity between the state, the nation, and the world.

Vision Statement

By 2020, West Virginia University will grow in national research stature, thereby enhancing educational achievement, global engagement, diversity, and the vitality and well-being of the people of West Virginia.

West Virginia University was founded in 1867 as a land-grant University: the federal government gave the state of West Virginia land to establish a public university that would provide a broad segment of the population a practical education that had direct relevance to their daily lives. Over 100 years later, WVU remains true to that central land-grant mission. Today WVU also serves a unique role as the state’s only doctoral degree-granting research University with comprehensive health science programs. Only eleven higher education institutions nationally are land-grant research universities with comprehensive Health Sciences. WVU offers 188 majors in 13 separate schools and colleges. The campus is spread over a thousand acres. Because of its land-grant tradition and research status, WVU has an obligation to:

Provide high-quality programs at the undergraduate, graduate, and professional levels;

Stimulate and foster both basic and applied research and scholarship;

Engage in and encourage other creative and artistic work;

Bring the resources of the University to all segments of society through continuing education, extension, and public service activities;

Contribute to the development and enhancement of West Virginia’s economic, educational, social, and health status through its programs of instruction and research and through its programs of outreach;

Use technology as a vehicle to engage the student, empower the faculty, infuse the curriculum, enhance research capabilities, and fulfill the duty to serve the state;

Promote diversity to enrich the institution and the society it serves and practice principles of social justice, equal opportunity, and affirmative action.

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Intercollegiate Athletics

The Department of Intercollegiate Athletics at West Virginia University sponsors 17 varsity sports with more than 500 student-athletes competing in baseball, men’s and women’s basketball, women’s cross country, football, women’s gymnastics, women’s indoor and outdoor track, rifle, men’s and women’s soccer, men’s and women’s swimming and diving, women’s tennis, women’s volleyball, women’s rowing and wrestling.

These sports compete in some of the finest facilities in the nation. Mountaineer Field at Milan Puskar Stadium, which underwent a renovation in 2004 that included the addition of stadium suites and club seating and seats 60,000 fans, is the home of Mountaineer football. The Coliseum sports complex includes the 14,000-seat WVU Coliseum, home to men’s and women’s basketball, women’s gymnastics, women’s volleyball and wrestling; men’s and women’s soccer compete at Dick Dlesk Soccer Stadium; women’s tennis plays at the Coliseum Courts; men’s and women’s swimming and diving utilize the WVU Natatorium and women’s track runs on the Mountaineer Track.

West Virginia University competes in the BIG EAST conference in all sports except gymnastics (East Atlantic Gymnastics League), rifle (Great American Rifle Conference) and wrestling (Eastern Wrestling League) and strives in its athletics program for national excellence and prominence. Accordingly, the recruitment of student-athletes and emphasis on and support of athletics are national in scope.

The Department of Intercollegiate Athletics subscribes to high standards of academic quality as well as breadth of academic opportunities. More than 3,000 student-athletes have earned a place on the Athletic Director’s Honor Roll by attaining at least a 3.0 grade point average since its inception in 1989.

During the 2009-10 athletic seasons, WVU finished 37th in the Director's Cup ranking of all Division I intercollegiate athletic programs and has posted three straight Top 50 finishes in the Director's Cup.

The Mountaineer men's basketball team won the Big East Conference championship in 2010 and reached the NCAA Final Four on its way to a No. 3 national ranking.

The women's basketball team has made the NCAA tournament in three of the last four years and has achieved a Top 10 national ranking in the last two years.

The University is committed to financing the athletics program from revenues generated by the Department of Intercollegiate Athletics and it shall conduct its program consistent with the letter and spirit of the NCAA and the mission of West Virginia University. Additional general information about the University may be obtained at http://www.wvu.edu. Additional information regarding the University’s intercollegiate athletic program may be obtained at MSNsportsNET.com.

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2 SUBMITTING YOUR PROPOSAL

2.1.1 Proposals and other required documents must be enclosed in a sealed opaque envelope or container that is identified as a “Request for Proposals” including the supplier name, RFP number, and the RFP opening time and date. The envelope or container shall be addressed to Procurement, Contracting, and Payment Services of West Virginia University, One Waterfront Place, Third Floor, Morgantown, WV 26506, and must be submitted on or before June 24, 2011 by 4:00 PM Eastern Time. Proposals received after this date and time will not be considered.

2.1.2 All questions regarding this Request for Proposals must be submitted in writing (e-mail is acceptable) to:

Mark Stewart Purchasing, Contracts, and Payment Services West Virginia University PO Box 6024 – 3rd Floor One Waterfront Place Morgantown, WV 26506-6024

Mark.stewart@mail.wvu.edu All questions must be received no later than Friday June 17, 2011 at 4:00 pm.

2.1.3 Respondents must submit five (5) written & bound copies of their response and one copy electronically on DVD-R or CD-R containing any or all of the following document formats: Microsoft Word - .doc; Microsoft PowerPoint - .ppt; Microsoft Excel - .xls; Adobe Acrobat - .pdf

2.1.4 Proposals for the Portable Basketball Goals shall include the following information:

2.1.4.1 Firm Background and Experience: Describe your firm’s history. Include information identifying the firm’s experience in the NCAA Division 1/NBA Basketball marketplace. Describe the experience the product manufacturer has with this specific product, installed in NCAA Div 1 and NBA facilities, championship installations/uses, including years of experience with NCAA & NBA installations.

2.1.4.2 Portable Goal Performance: Describe the performance characteristics of the proposed portable goals. The description should include applicable test results and testimonials. Where applicable list all certifications/testing acceptance.

2.1.4.3 References & Installation List: Supply a minimum of ten (10) references, including contact name, e-mail address, and telephone number, for other installations of the proposed portable goal, all must be in Division 1 NCAA or NBA facilities. List must include date of installation and dates of service.

2.1.4.4 Product Technical Data Sheet: Provide a Product Data Sheet for the proposed portable goal, backboard and rim, meeting the specifications included herein and being proposed for this RFP.

2.1.4.5 Samples: Provide samples of padding materials in Mfr’s standard and custom colors. Provide color selection chart indicating standard and custom colors.

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2.1.4.6 Product Specifications: If proposing alternate Mfr or Model, other than specified, provide an itemized list of deviations from the specified Mfr’s model, including but not limited to fabrication, materials, dimensions, weight, finishes, performance, operation and warranties.

2.1.4.7 Schedule: Provide a schedule for delivery including the following milestones; PO issue, fabrication, delivery to site, onsite assembly (if required), and Owner/operator training. Indicate specific durations for each activity/milestone. The Owner’s intent is to take delivery of the portable basketball goals on or near November 1, 2011.

2.1.4.8 Lump Sum Pricing: Proposals to West Virginia University will include a firm fixed price for the entire scope of work and quantity of equipment as defined herein, each for Base Bid and Alternate #1. The fixed price shall be inclusive of all labor, materials, expenses, Mfr’s standard warranty and service, travel including overhead and profit required to provide the specified products. Include back-up price list indicating line item pricing for each component, option, accessory with separate pricing for freight/shipment to site for each.

2.1.4.9 Exceptions to the RFP Document: List all exceptions taken to the requirements of RFP Document. Specifically deviations from the included specifications and drawings, include dimensional differences.

2.1.4.10 Warranty – Provide a copy of the standard warranty provided with the proposed products. Include information regarding extended warranties including policies and costs.

2.1.5 Failure to comply with all of the requirements listed above will constitute grounds for disqualification.

2.1.6 The typical RFP process may consist of any of the following steps, at WVU’s sole discretion:

An advertised invitation for vendors to express their interest in providing a solution Receipt of vendor credentials, qualifications, specifications and pricing Evaluation of credentials, qualifications, specifications and pricing Presentations, discussions, fact finding, solution demonstrations, and interviews

of selected vendors Secondary evaluation of selected Vendors (at WVU’s discretion) Final evaluation and vendor selection Contract Negotiations Implementation

2.1.7 No time-frame or promise of engagement or contract is either expressed or implied by the publication of this RFP, and West Virginia University reserves the right, in its sole opinion, to accept or reject any or all responses and/or to terminate this process at any time with or without notice. The university may or may not employ any or all of the steps listed to select a qualified vendor. The university, in its sole discretion, may award a contract to any respondent at any time in the process.

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3 SPECIFICATIONS

SCOPE OF WORK

3.1.1 Base Bid & Alternate:

3.1.1.1 Base Bid: The selected vendor will provide: (4) sets of complete systems meeting the requirements of this RFP for the basketball practice facility Men’s & Women’s practice courts. Each set shall consist of a 10’ Extension portable goal with all operating/lowering/raising equipment, glass backboard, goal and backboard/goal padding.

3.1.1.2 Alternate #1: The Owner may opt to purchase an additional (2) sets of complete systems meeting the requirements of this RFP for the Coliseum Arena (Game court). Each set shall consist of an 8’ Extension portable goal with all operating/lowering/raising equipment, glass backboard, goal and backboard/goal padding.

3.1.1.3 Alternate #2: Optional advertising media fabric: Provide stretchable fabric with hook/loop fasteners to fit (2) 8’ Extension goals (as noted above) including printing of Owner’s marketing/advertising logos, multiple color and size as approved/provided by Owner.

3.1.2 The selected vendor will work with WVU’s representatives and appointed outside parties, which will include but not limited to WVU Facilities Project Manager, WVU Department of Intercollegiate Athletics, Project Architect and Engineers.

3.1.3 The selected vendor will attend site meetings as necessary and as requested by WVU representatives. Vendor shall visit construction site to familiarize themselves with the facility. Vendor shall field measure as necessary.

3.1.4 The selected vendor will provide shop drawing submittals prior to fabrication for all equipment, accessories, appurtenances and optional equipment as specified in this RFP, for WVU’s review and the review of the Project Architect in coordination with the construction project. Inclusive of shop drawings will be samples of padding, samples of marketing media and color selection charts.

3.1.5 The units shall be delivered to the site, located on the Evansdale campus, Morgantown, WV as coordinated by the University. The manufacturer’s representative shall be onsite to take delivery, inspect & certify delivery of products, install separately shipped (loose) items/accessories, perform commissioning certifying operation of units and provide (1) hour training for the Owner’s representatives onsite.

3.1.6 Upon delivery the vendor shall provide personnel onsite to accept delivery, inspect for shipping damage and offload/move into final location. The vendor will provide shipping, freight, off-site storage as necessary and coordinate delivery of units into facility with Owner’s representative. The and prior to training, the Mfr shall provide (2) hard copies (in bound format) and (1) DVD/CD (electronic format) of Operation & Maintenance manuals to Owner.

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3.1.7 Vendor shall provide wrap around, removable marketing fabric of the Owner’s selection w/printed marketing symbols, trademarks and/or marketing symbols (to be determined after award of contract).

3.1.8 Basis of design products:

3.1.8.1 Portable Goals: Spalding model 401-980, Spring assist, Portable, 8’ Extension and Spalding model 401-990, Spring assist, Portable, 10’-8” Extension (dimensions shown on page 10 for 8’ extension), (10’-8” dimensions not shown)

3.1.8.2 Glass Backboard: Spalding model 413001, 42” x 72”, SuperGlass Pro Backboard, w/unconditional lifetime warranty

3.1.8.3 Goal: Porter Torq Flex 180 – adjustable breakaway, standard 5” x 4” mounting pattern

3.1.8.4 Backboard and Goal Padding: Inclusive as part of this request, vendor shall provide full padding system in Owner’s selected color/finish.

3.1.8.5 Provide the following accessories: Marketing fabric screens, removable without tools/accessories, in Owner’s selected colors and marketing signage to cover lower padding for portable goals.

3.1.8.6 Portable goals to be pre-wired for all NCAA required timing and lighting, including but not limited to goal mounted shot clocks. The Owner’s intent will be to provide (under separate contract); court facing and side court facing shot clocks and perimeter goal LED lighting systems with all wiring/connectivity required to interface with scoring system in facility. The portable goals shall come with totally enclosed wiring paths/conduits to route cabling from recessed floor boxes to uppermost mounting arms and coordinate with Owner provided shot clocks.

3.1.8.7 Alternates and/or equivalent: Proposals for alternate manufacturers shall be reviewed at the Owner’s discretion. Determination of equivalence shall be at the Owner’s sole discretion.

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4 PRODUCT SPECIFICATIONS

4.1 DESCRIPTION: Spring Portable 8’ Extension Frame:

The base of the frame shall consist of structural steel tubing, comprising of 3”x5”, 2”x5”, round tubing, and formed sheet metal parts welded together to form a rectangle. The base weldment supports 2 structural steel arms consisting of 3”x5”, 3”x3”, 2-1/8” Dom, and steel parts welded together. Hinges consist of 1-1/2” ground and polished pins with bronze bearings on all pivot points. The unit shall have a boom weldment consisting of structural steel tubing, comprising of 5”x5”, formed sheet metal, and steel parts welded together. The boom shall have an extension of 8’ from the front base pad to the front of the backboard glass. The unit will come preassembled with 1500lbs. of ballast weight.

Wheels: The front shall be provided with 2 heavy-duty swivel casters with one 6”x2” poly wheel on each side rated at 900lbs. for each wheel. The rear of the base shall have two 6”x2” poly wheels each side rated at 900lbs. for each wheel. Each unit shall come with an automatic lifting mechanism attached to the front casters for ease of set-up.

Anchors: Each unit shall come equipped with ribbed brass floor inserts and two heavy-duty drop pins for locating the baskets, Rear anchor and brass cover plate, and adjustable chain links to anchor the unit to the floor.

Folding: The unit shall operate with 7 Chrome Silicon springs to assist in raising and lowering. The unit shall come with a positive lock at the 8’, 9’, and 10’ playing positions and can be adjusted to meet several heights in between. A spring cover shall be included and shall be covered to match the padding.

Padding: All front padding shall be a minimum of 4” thick P1895 covered with 24oz. Naugahyde®. All base side padding shall be a minimum of 2” thick P1895 covered with 24oz. Naugahyde®. Standard padding color shall be Imperial Blue. Padding is removable.

Finish: The unit shall be finished with an electro-static powder-coat which is baked on. Standard and/or Custom color per Owner’s selection.

Rim and Backboard attachment: The rim and backboard shall be attached to the unit as a direct mount to completely eliminate stress on the glass backboard during play. The rim will mount through spacers and bolt directly to the backboard structure and to the front of the portable to insure that there is no contact between the mounting bolts, rim, and the glass backboard. A V-Brace support is supplied to further support the backboard during play and shall be painted to match the unit.

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Portable: Ten year limited warranty on frame, two year on telescopic brace, and two years on the foot pedestals.

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4.2 DESCRIPTION: Glass Back board SPECIFICATIONS: Backboard shall have a finished regulation size of 42" x 72". The backboard contains ½” tempered glass. FIBA approved. Frame is 5/16" 6063T6 Anodized aluminum frame pre-drilled for Easy Bolt padding. The Frame is a 2" x 3" square aluminum frame which bolts behind the glass along the bottom of the backboard frame. The channel is reinforced with three ribs for additional strength. The rim bolts pass through and bolt to this channel to make this backboard unbreakable. The sub-frame mounting design prevents the rim from ever touching the glass. The goal mounting pattern is 5” x 4”. The backboard mounting pattern is 63” x 36 1/2”. The face of the glass shall be clear of all steel plates. The target and 2” border are fired into the glass for a longer lasting finish. Mounting pedestals are machined from solid steel for a 3/8" bolt. The pedestals are encased in plastic and fixed in place with snap rings. Suitable for mounting perimeter lighting associated with shot clock/buzzer actuation. The backboard has an unconditional lifetime warranty. Practice, game, intramural and recreational play is covered, supervised or unsupervised. Vandalism, acts of Nature, and outdoor use are not covered.

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4.3 DESCRIPTION: Basketball Rim SPECIFICATIONS: Competition rim with unique breakaway action The spring pivot mechanism enables breakaway action along 180 degrees of the rings diameter. Factory calibrated to meet collegiate and professional recommendations for rebound elasticity. Goal shall be electrostatic powder coated orange. Contains easy glide net tie system. Includes anti-whip net and mounting hardware Goal shall have a 5" x 4" standard mounting pattern for attachment to any 42" x 72" backboard. Recommended for collegiate play The breakaway mechanism and ring shall have a seven-year warranty. Warranty not offered on breakaway goals placed outdoors, or if used in a way not intended.

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5 RESPONSE SPECIFICATIONS All responses must be formatted with the items and sequence as presented in Section 2.1.4 of this RFP. Except as otherwise set forth herein, Section 2 outlines the minimum requirements and packaging for the preparation and presentation of a response. Failure to comply may result in rejection of the response. The proposal should be specific and complete in every detail, prepared in a simple and straightforward manner. Respondents are expected to examine the entire Request for Proposal, including all specifications, standard provisions and instructions. Failure to do so will be at the respondent’s risk. Each respondent shall furnish the information required by the RFP. Time periods, stated in number of days, in this request or in the response, shall be in calendar days.

5.1.1 Attachment A – Vendor Response Certification MUST be complete and submitted with each proposal.

5.1.2 Description of Required Information: The Proposal shall clearly provide all information that is requested under this RFP. The RFP shall be presented in the following format and include:

5.1.3 Organization & Format

Provide proposals in bound format (3-ring binder, spiral bound), in color, with tabs for each of the headings denoted above in sub-paragraphs 2.1.4.1 thru 2.1.4.10.

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6 PROPOSAL EVALUATION CRITERIA

EVALUATION CRITERIA

6.1.1 West Virginia University will evaluate all acceptable proposals based on the criteria identified below.

6.1.2 STEP 1 - EVALUATION CRITERIA of RFP

For proposals that have been submitted in accordance with this RFP, the following areas will be considered in evaluating Proposals and making selections:

Quality of the Proposal, including responsiveness to the requirements,

clarity of the response, and proposal organization Firm Description and Qualifications Project Experience Compliance with the physical, aesthetic and construction characteristics

of the basis of design product information given (at Owner’s discretion) Schedule Pricing Warranty & Service Exceptions to RFP

6.1.3 STEP 2 - REFERENCES

WVU may contact references at any point during the process to aid in selecting the most qualified firms.

6.1.4 STEP 3 – AWARD

WVU will contact selected vendor, notifying of intention to issue a purchase order. The selected vendor shall provide insurance, bonding, etc. as required for issuance of a purchase order.

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7 VENDOR INSTRUCTIONS

WEST VIRGINIA UNIVERSITY

VENDOR INSTRUCTIONS FOR RESPONDING TO A REQUEST FOR PROPOSALS / EXPRESSION OF INTEREST Introduction West Virginia University publishes this document as an aid to vendors who may wish to respond to Requests for Proposals (RFP/EOI). Generally, the purpose of an RFP/EOI is to identify and ultimately contract with a qualified vendor or vendors for commodities or services required by WVU. The RFP/EOI process and legal requirements are outlined in detail. The Request for Proposal (RFP/EOI) Process By publication of a Request for Proposals / Expression of Interest, West Virginia University begins an administrative process that may or may not lead to the award of a contract(s). WVU may stop the process at any time, with or without cause, and nothing in a RFP/EOI document may be interpreted as an offer to purchase, procure, or otherwise acquire any product or service from any proposer or vendor. Typically, the RFP/EOI process employs the following steps: RFP/EOI Publication and Distribution to Interested Parties Receipt of Proposals Initial Proposal Evaluation Vendor Discussions and Fact Finding (If Required) Selection of Most Advantageous Proposal(s) Contract / Fee Negotiations Contract(s) Award Contract Implementation Except as specifically noted in the RFP/EOI, there is no time limit either expressed or implied on the completion of each step in the process. Definitions West Virginia University may be referred to as WVU, Owner, or Buyer. A Request For Proposal (RFP/EOI) refers specifically to an officially published and numbered document and all the attachments, amendments, and addenda, that are a part or may become a part of the document. Applicable paragraphs from this instruction document are often included and made a part of a final agreement should a contract be awarded. A Proposer is any bona fide business entity, individual, partnership, or corporation who submits a response to this RFP/EOI in accordance with the terms and conditions specified herein.

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A Contractor and/or Seller is any bona fide business entity, individual, partnership, or corporation who, a) having submitted a proposal in compliance with the terms and conditions of a RFP/EOI; and b) being duly authorized to conduct business in the State of West Virginia; and c) whose proposal having been selected as “most advantageous”, is issued a Contract/Purchase Order by WVU to provide goods or services as specified. Contract/Purchase Order is the final document of agreement between West Virginia University and the successful Proposer, and may be referred to as Order. It will include the RFP/EOI, the Proposers response, and any other documentation that may be required to clearly state the agreement between WVU and the Seller. The Evaluation Committee is the group of individuals selected by WVU to evaluate responses to the RFP/EOI. The committee may include, at WVU’s sole discretion, any employee, agent, consultant, or expert as required by WVU. The findings and recommendations of the committee are not binding on WVU. Proposer List and Qualification Evaluation After the established date for receipt of proposals, a list of parties who submitted proposals will be prepared and made available for public inspection. Proposals will not be opened and read publicly. Qualifications and proposals submitted by interested parties will be reviewed and evaluated based on the evaluation criteria set forth in the RFP/EOI. Proposal Classification and Discussions Proposals will initially be classified as either a) Acceptable; b) Potentially Acceptable; or c) Unacceptable. Discussions and fact-finding may be conducted, if required, with any or all of the Proposers whose proposals are found acceptable or potentially acceptable. Parties whose proposals classified as unacceptable will be notified promptly. Procurement Services will establish procedures and schedules for conducting oral and/or written discussions. Proposer Investigation WVU will make such investigation as it considers necessary to obtain full information on the proposer(s) selected for negotiations. Final Offers and Award of Contract Following any discussions with Proposers the Evaluation Committee will evaluate the final proposals/discussion session, giving due consideration to the established evaluation criteria. The Evaluation Committee will report its findings to Procurement Services who may or may not issue a Purchase Order/Contract based on which proposal or proposals are found to be the most advantageous to WVU. Submitting Your Proposal Specific instruction for submitting a proposal response can be found in previous Section 3 – Submitting Your Proposal. Proposers are expected to examine the entire RFP/EOI, including all specifications, standard provisions, and instructions. Failure to do so will be at the Proposers risk. Each proposer shall

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furnish the information required by the RFP/EOI. Proposals must be typewritten. Time periods, stated in number of days, in a RFP/EOI, or in the Proposers response, shall be in calendar days. By making a proposal, the Proposer warrants that: a) the Proposer has read and understands the RFP/EOI documents, instructions, terms and conditions; b) that the proposal is made in accordance therewith; c) the proposal is based upon the materials, equipment, systems, printing and/or services specified. Inquiries, Information, Notice, and Correspondence All inquiries, requests for information, notices, and correspondence concerning any RFP/EOI shall be submitted in writing to: Mark W. Stewart

Associate Director West Virginia University Department of Procurement, Contracting and Payment Services One Waterfront Place / PO Box 6024 Morgantown, WV 26506-6024

Phone: 304-293-8475 Mark.stewart@mail.wvu.edu

The Department of Procurement Services is the only point of contact on all matters related to this RFP/EOI. Proposers should make any requests for additional information or clarification in writing only to Procurement Services. Proposers are strictly prohibited from contacting any member of the evaluation committee. Failure to comply with this request will be cause for disqualification of the proposal. Other Terms and Conditions All Contracts executed by West Virginia University are bound by the Terms and Conditions found at the end of this Request for Proposals.

Warranties. The Seller expressly warrants that the goods and/or services covered by this [Order/RFP/Contract] will (a) conform to the performance capabilities, specifications, functions, drawings, samples or other descriptions [furnished or specified by the Buyer] [applicable thereto as set forth in the Appendix]; (b) conform to the standards generally observed in the industry for similar goods and/or services; (c) be merchantable and fit for the purpose intended; (d) be free and clear of all liens, claims and encumbrances of any kind; (e) be free from errors or defects in material or workmanship; and (f) comply with all applicable laws, rules and regulations.

Interpretation, Correction or Changes in RFP/EOI Any interpretation, correction, or change in a RFP/EOI will be made by formal addendum by WVU. Interpretations, corrections, or changes to a RFP/EOI made in any other manner will not be binding, and no proposer may rely upon any such interpretation, correction, or change.

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Modification or Withdrawal of Proposals Proposers may modify or withdraw their proposal before the time and date specified for receipt of proposals by giving notice in writing to Procurement Services. Notice shall include the signature of the proposer and shall be received before the designated time and date for receipt of proposals. Modifications must be worded so as not to reveal the amount of the original proposal. Erasures and Interlineations Erasures, interlineations, or other changes in the proposal must be initialed by the authorized individual(s) signing the proposal. Acknowledgment of Amendments to a RFP/EOI Proposers must acknowledge the receipt of any addenda or amendments to this RFP/EOI on the Proposal Response Certification (Attachment A). Quality Standards Brand names, when identified, include the standard of quality, performance, or use desired. Unless otherwise noted, proposals for equivalents may be considered, provided the proposer furnishes descriptive literature and other proof required by WVU. Samples, when required, must be furnished free of charge, including freight. In the event WVU elects to contract for a brand alleged to be an equivalent by the proposer, acceptance of the item will be conditional to WVU’s inspection and testing after receipt. If, in the sole opinion of WVU, the item is determined not to be equivalent, the item will be returned at the vendor’s expense and the contract terminated. Rejection of Proposals WVU shall have the right to reject any and all proposals, in whole or part; to reject a proposal not accompanied by a required security or other data required by the RFP/EOI documents; reject a proposal which is in any way incomplete or irregular; or to reissue a Request for Proposals. Award of Contract WVU may elect to award a contract(s) to a vendor(s) whose proposal is determined to be most advantageous to WVU with respect to conformance to the specifications, quality, and other factors as evaluated by WVU. WVU may award a contract based on initial offers received, without discussion; therefore, each initial offer should contain the Vendor’s best terms from technical standpoint. Proposal Confidentiality Ownership of all data, materials, and documentation originated and prepared for WVU pursuant to the RFP/EOI shall belong exclusively to WVU and be subject to public inspection in accordance with the West Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the West Virginia Freedom of Information Act; however, the Proposer must invoke the protections of

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Article 1, Chapter 29B of the Code of West Virginia in writing, either before or at the time the data or material is submitted. 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 secrets or proprietary information. Insurance General Provisions The Contractor shall purchase and maintain for the duration of the work insurance coverage for not less than the minimum limits (or greater if required by law) set forth herein.

All such insurance policies shall provide for at least thirty (30) days prior written notice of cancellation to the Owner. The Certificate of Coverage shall be signed by an authorized agent and listing WVU Procurement Services; PO Box 6024; Morgantown WV 26506-6024, as Certificate Holder.

Employers Liability

Each Accident $100,000 Disease-Policy Limit $500,000 Disease – Each Employee $100,000

Commercial General Liability Insurance General Aggregate $2,000,000 Products And Completed Operations Aggregate $1,000,000 Personal And Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any One Fire) $300,000 Medical Expense (Any One Person) $5,000

Commercial Auto Liability Insurance

Combined Single Limits, Bodily Injury And Property Damage Liability

$1,000,000

Excess Liability Each Occurrence, Combined Single Limit, Bodily Injury And Property Damage Liability

$1,000,000

Aggregate Limit $1,000,000 Professional Liability

Per Claim & Aggregate $1,000,000 Indemnification.

The Seller shall at all times indemnify, defend and hold harmless the Buyer, its officers, employees, agents and representatives from and against any claim, demand, liability, judgment, damage and expense, including reasonable attorneys’ fees and court costs, arising out of its breach of any representation, warranty or other obligation or provision of this [Order/Contract], or arising out of any other act or omission of the Seller, its officers, employees, agents and representatives, in connection with this [Order/Contract], or the goods and/or services provided there under.

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ATTACHMENT A PROPOSAL RESPONSE CERTIFICATION

WEST VIRGINIA UNIVERSITY

The undersigned, as proposer, declares that they have read the Request For Proposal and the following proposal is submitted on the basis that the undersigned, the company and its employees or agents, shall meet, or agree to all specifications contained therein. It is further acknowledged addenda numbers ________ to ________ have been received and examined as part of the RFP document. ________________ DATE _______________________________ Name of Proposer _______________________________ Signature of Proposer _______________________________ Title _______________________________ Company Name _______________________________ Street Address _______________________________ City, State, Zip _______________________________ Telephone _______________________________ Facsimile Number _______________________________ FEIN Number _______________________________ E-MAIL