This version of the RFP is a simple facsimile of official document. If you plan to respond to this request, you should obtain an official version of the document from the University of Virginia Purchasing Department using the contact information provided in the sections below.
Table of Contents
I. Overview of the Request for Proposal Process
II. Background Discussion and Goals of the University
III. Scope of Goods and Services
VI. Information about this Request for Proposal
B. Issuance of Request for Proposal and Questions
E. Oral Presentations and Negotiations
G. Formation of the Agreement with the Selected Firm
Attachment 1 - Mandatory Contractual Provisions
Attachment 2 - Preferred Contractual Provisions
Attachment 3 - Procedure for Resolution of Contractual Claims
I. Overview of the Request for Proposal Process
The Rector and Visitors of the University of Virginia (University), a Virginia public corporation, seeks an experienced firm to provide a computer Home Directory Service. This Request for Proposal is part of a competitive procurement process which helps to serve the University's best interests. It also provides firms with a fair opportunity for their services to be considered. The process of competitive negotiation being used in this case should not be confused with the different process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative factor. With competitive negotiation, however, price is not required to be the determinative factor, although it may be, and the University has the flexibility it needs to negotiate with firms to arrive at a mutually agreeable relationship.
For ease of reference, each firm receiving this Request for Proposal is referred to as a "firm" and the firm selected to provide services for the University is referred to as the "Selected Firm." This Request for Proposal states the instructions for submitting proposals, the procedure and criteria by which a firm may be selected, and the contractual terms by which the University proposes to govern the relationship between it and the Selected Firm.
It is the policy of the Commonwealth of Virginia and the University of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities, and to encourage their participation in State procurement activities. The Commonwealth and the University encourage firms to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities.
II. Background Discussion and Goals of the University
The University of Virginia, founded by Thomas Jefferson in 1819 is located in Charlottesville, Virginia. A public institution of higher education, the University is charged with a teaching, research, public service and patient care mission. The University has an undergraduate student enrollment of 11,502 and a graduate enrollment of 6,202. In the Fall of 1995, U.S. News and World Report ranked the University as the number one public institution among the nation's top 25 research universities, and among the "best buys" in higher education. The University was awarded over $141 million total research dollars in fiscal year 1996.
In support of its mission and in an effort to maintain the highest quality services for its customers, the University seeks an experienced firm to provide the goods and services needed to provide a Home Directory Service.
The University seeks to both deploy a new Home Directory service (the "System") to its faculty, staff, and students and to start the development of a more fault tolerant Unix computing environment. The basic concept is to procure a small set of high-performance and highly reliable file servers. These file servers would be used to store user's personal files and to make them available via common networking protocols such as Microsoft's SMB, Sun Microsystems' NFS, Novell's Netware, and Apple's Appletalk.
The file systems made available by the new server(s) are expected to contain only user-generated files and not parts of the operating system, utilities, applications, or other storage that would generally require high performance disk access. Researchers and other users with high performance disk needs would be serviced from disks directly attached to their compute servers.
The University's primary Unix compute engines typically support approximately 1,000 simultaneous users and hold accounts for approximately 20,000 people.
Since users typically log in to the Unix machines, do some work, and then log out, use of their home directories tends to be relatively high. Our central Unix compute engines often run 1,000 aggregate disk transactions per second at peak times.
The microcomputer users tend to be logged in to the System full time and thus have a significantly lower average transactions per second on an individual basis. There are approximately 600 microcomputers in the Information Technology and Communications' (ITC) public microcomputer facilities which would be configured to use the system. The University also anticipates that several thousand personal computers in faculty and staff offices and residence halls also will take advantage of the System.
The University anticipates the need to scale disk storage to approximately 150 Gbytes with an initial implementation target of 75 Gbytes.
Although a single server solution may be preferable for administrative reasons, firms may propose solutions which require multiple servers, provided that the client user can view the combination as a single file service. The integrated solution must provide access to the same files regardless of the protocols used by the client. Any password-based authentication must use the same password for a given client user, regardless of the protocol used. This will allow each user to have only one directory and one password, so that user files will not need to be replicated on multiple servers to provide multiple access protocols.
III. Scope of Goods and Services
It is the University's intent to enter into an Agreement with the Selected Firm for a Home Directory Service, to include those goods and services necessary to help the University achieve its goals as outlined in this Request for Proposal. In order to achieve this goal the Selected Firm may be requested to provide those goods and services outlined in this section.
Mandatory Technical Specifications
The University has not made a decision on which of the possible alternative technologies will best meet its needs and will entertain all proposals that can provide the needed services. At a minimum, the System must provide several sets of services to be considered for deployment as part of this project:
1. Support for NFS
The System must support Sun's Network File System protocol version 2. Proven interoperability with SunOS, Solaris, AIX, SGI, and Alpha-based systems is a requirement.
2. Support for SMB
The Microsoft SMB protocol for providing network disk services must be supported. Proven interoperability with Windows for Workgroups 3.11, Windows 95, and Windows NT is required.
3. High Reliability
The System's hardware and software architecture must be designed to ensure highly reliability. Once in production, the Home Directory Service will become a key component of the University's computing environment. Downtime must be minimal and highly infrequent.
4. Disk Subsystem Reliability
Due to the need for high reliability, the disk subsystem must provide redundancy such that the failure of any single disk drive will not impact the System. Failed disk drives must be swappable while the System is in production.
5. High performance throughput
The proposed System must be designed to provide an acceptable level of service to the anticipated number of clients.
6. Capability to handle thousands of mostly-idle microcomputer connections.
Faculty, staff, and students in networked residence facilities tend to turn on their computers in the morning and leave them on all day. Thus, the Home Directory servers will need the ability to support several thousand mostly idle connections.
7. Support for 32-bit Unix UIDS
The University permanently assigns Unix UIDs to users when they first come to the University. These UIDs are never reused, even after a person has not been affiliated with the University for many years. Support for 32-bit Unix UIDs is thus an absolute requirement.
Preferred Technical Specifications
1. Support for Novell Services
Most networked microcomputer file services at the University are presently provided by Novell Netware servers. These servers are typically run 3.x versions of Netware. Some use of Netware 4.x is starting. In order to avoid client reconfiguration, the University desires a system that can service clients using native Novell protocols. Firms which do not support this protocol are encouraged to provide migration strategies for converting the existing installed base, or providing the service through additional components.
2. Support for Appletalk Services
Most networked Macintosh computers receive Appletalk networking services from Novell file servers. The Home Directory project must have the ability to serve Apple users, however the University may be willing to provide Apple support via NFS to Appletalk translation if this results in the best possible overall solution. Firms which do not support this protocol are encouraged to provide migration strategies for converting the existing installed base, or providing the service through additional components.
3. Support for NFS V. 3
NFS version 3 provides for superior performance when the client and server are both capable of using it.
4. Support for DFS
DFS provides some performance benefits through improved client caching of data.
5. Support for a high performance file backup and restore system
Even with fault tolerant file systems and software mechanisms to reduce the loss of data, disasters happen and users make mistakes. As a result, backups of the system are essential. With a fully deployed size of 150 Gigabytes, backups can be time consuming operations, and restoring files from a backup could take an unacceptable amount of time if the backup and restore mechanisms provided have limited capabilities.
6. Support for network based printing protocols
The Novell servers and Unix servers at the University currently provide connection points for networked printers. As this server is replacing some of those systems, the ability to manage printing and provide print queue support from service would reduce the hardware the University must support on the network.
7. Support for high performance network interfaces (100 Mbps Ethernet, FDDI, ATM, etc)
The network I/O capacity of this System has the potential of being a bottleneck to the performance of other systems obtaining files from the server. As many of the compute servers and some of the desktop machines are migrating to higher bandwidth connections, the ability of this server to support similar bandwidth is important. ATM support would be of particular interest.
8. Fault tolerance and redundancy (hardware and software)
When fully deployed this System will be critical to the work and studies of nearly all of the users of our systems. The ability of the System to continue functioning in the event of hardware and software failures provides a significant benefit to our user community.
9. Facilities for the bulk creation and removal of user accounts
The University creates in excess of 3500 accounts at a time when classes begin, and deletes a similar number of accounts after graduation. Processes for creating accounts without going through management screens that require a separate transaction for each user significantly reduces the cost for the University to provide this service.
10. User Authentication
Ideally permissions to access files on this System will be controlled through a single password file that would support authentication in all file service environments support. In the SMB environment this would include the ability to function as the equivalent of a domain controller.
11. Client Software Distribution
It may be desirable for the University to create a repository from which it distributes site licensed software in standard configurations, and provide an easy point from which users can upgrade that software. Support for automating the software update procedure upon request, or generating upgrades that are pushed out to a registered set of client machines would be desirable. This is particularly important for the microcomputer environment.
12. Unix-based System
The University staff responsible for maintaining this project once it is installed are highly experienced in Unix. The University has an extensive collection of in-house tools for managing, monitoring and maintaining Unix systems. The availability of these services on a Unix system where the University could potentially add features not provided by the Selected Firm would be advantageous, if it can be achieved without a significant loss of performance or functionality.
A. The University will evaluate proposals and, if a firm is to be selected, select the firm on the basis of:
1. The firm's plan to assist the University to meet its goals for a Home Directory Service as discussed in Section II, Background Discussion and Goals of the University, and Section III, Scope of Goods and Services
2. The firm's relevant experience, qualifications and success in providing the goods and services outlined in this Request for Proposal
3. System administration support - Backup and Restore times, and account creation mechanisms affect the ability of the University to support users on this service. The extent to which proposed solutions facilitate administration will be evaluated.
4. Network performance - The extent to which the proposed System can be connected to high speed networks, and the throughput provided by those interfaces will be considered.
5. Reliability and repair expectations - The University will consider expected failure rates, expected time to repair and service contract terms in evaluating the proposal.
6. Host operating system - While the Unix operating system is preferred, other operating systems and environments will be considered and evaluated based on ease of use, expected staff training time and extensibility.
7. The firm's financial proposal including but not limited to discounts, service charges and other charges.
8. The contractual terms which would govern the relationship between the University and the Selected Firm
9. Any other factors relevant to the firm's capacity and willingness to satisfy the University
Proposals should include information outlined in this section. Copies of proposals must be sent to the Issuing Office, the Purchasing Department, Carruthers Hall, and not to any other office or department whatsoever at the University of Virginia.
A. Operations
1. Describe how the firm plans to provide a Home Directory Service, which is the primary goal of this Request for Proposal.
2. State the firm's acceptance of all Mandatory Technical Specifications set forth in Section III, Scope of Goods and Services.
3. State the firm's acceptance, with any proposed modifications, of all Preferred Technical Specifications set forth in Section III, Scope of Goods and Services.
4. Document the firm's design assumptions in terms of needed disk performance, memory requirements, processor utilization, required network bandwidth, and any other metrics which are critical to providing an acceptable level of performance to the University's user population.
B. Firm Information, Personnel, References
1. Provide a brief history of the firm and its experience in providing the type of goods and service described in this Request for Proposal
2. Provide information on those individuals assigned to work with the University including a description of their experience
3. Provide a list of clients comparable to the University indicating the length of service of each account, a contact person, and a phone number The University may contact and/or visit any of these accounts
C. Financial Proposal
1. Provide a detailed listing of all cost associated with the purchase of the goods required to provide the Home Directory Service.
2. Provide pricing for any maintenance which would be required
D. Contractual Arrangements
1. Provide the University with any form or contract the University will be requested to sign.
2. State the firm's acceptance of Attachment 1, Mandatory Contractual Provisions;
3. State the firm's acceptance, with any proposed modifications, of Attachment 2, Preferred Contractual Provisions;
E. Evaluation Unit
Given the investigative nature of this procurement, the normal University RFP procurement process will be supplemented by a product testing phase. Firms with whom the University chooses to enter into negotiations will be expected to supply
evaluation units.
Each firm must indicate its willingness to supply evaluation units for testing at no charge to the University. Firms must deliver the test system within three weeks of the University's request and supply any needed assistance for setup and configuration. The University will not retain test units for more than 30 days.
F. Other Information
Provide any other information which the University should consider in evaluating the firm's proposal.
VI. Information about this Request for Proposal
Here is a brief schedule for this procurement, specifying the important dates and milestones:
Issue Date of RFP 02-25-97
Preproposal Conference 03-12-97
Deadline for Receipt of Proposals 03-25-97
Oral Presentations/Negotiations 04-09-97 and 04-10-97
Evaluation period 04-21-97 through 05-02-97
Contract Award 05-15-97
B. Issuance of Request for Proposal and Questions
The Issuing Office for this Request for Proposal is:
Purchasing Department
University of Virginia
1001 North Emmet Street
P.O. Box 9008
Charlottesville, Virginia 22906
Attention: Gary Nimax, C.P.M.
Assistant Director, Purchasing
Telephone: (804) 924-4220
Fax : (804) 982-2690
TDD : (804) 982-HEAR
Email: nimax@virginia.edu
Any questions concerning this Request for Proposal will be directed to Gary Nimax, and not to any other person at the University. The University will determine whether any addenda should be issued as a result of any question or other matters raised.
A conference for firms receiving this Request for Proposal will be held on Wednesday, March 12, 1997 at 2:00 p.m. in Carruthers Hall Conference Room #6, Charlottesville, Virginia (map enclosed). Attendance at this conference is advised if your firm wishes to raise any questions in connection with this Request for Proposal. The University intends to present general information which may be helpful in the preparation of proposals and to offer firms the opportunity to ask questions concerning this Request for Proposal. No firm may have more than two representatives present at the Preproposal Conference.
Firms planning to attend the Preproposal Conference should notify Becky Sims, (804) 924-1346, no later than 4:00 p.m. EST on Friday, March 7, 1997 of the names and titles of the individuals who will attend.
All proposals must be received at the Issuing Office by 3:00 p.m., Tuesday, March 25, 1997. Eight copies of each proposal must be provided in individual, bound volumes.
E. Oral Presentations and Negotiations
An oral presentation by two or more firms may be required after written proposals are received by the University. If the University requires such a presentation, the Issuing Office will schedule a time and place. Each firm should be prepared to discuss and substantiate any of the areas of the proposal it submitted, its own qualifications for the services required and any other area of interest relative to its proposal. Negotiations with two or more firms will be conducted by the University on the firms' financial proposals and proposed terms and conditions. Oral presentations/negotiations are scheduled for April 9 and April 10, 1997.
F. Communications Between the University and the firms Regarding This Request for Proposal
Informal Communications
From the date of receipt of this Request for Proposal by each firm until a binding contractual agreement exists with the Selected Firm and all other firms have been notified, or when the University rejects all proposals, informal communications regarding this procurement will cease. Informal communications will include but not be limited to:
1. Requests from the firms to any department at the University, with the exception of Purchasing for information, comments, speculation, etc.;
2. Requests from any department at the University, or any employee of the University, with the exception of Purchasing for information, comments, speculation, etc.
Formal Communications
From the date of receipt of this Request for Proposal by each firm until a binding contractual agreement exists with the Selected Firm and all other firms have been notified, or when the University rejects all proposals, all communications between the University and the firms will be formal, or as provided for in this Request for Proposal, or as requested by Purchasing. Formal communications will include but not be limited to:
1. Preproposal Conference
2. Oral presentations
3. Site visits
Any failure to adhere to the provisions set forth in Informal Communications and the Formal Communications sections above may result in the rejection of any firm's proposal or cancellation of this Request for Proposal.
G. Formation of the Agreement with the Selected Firm
All proposals received will be carefully evaluated by the University. The University will then select two or more firms deemed to be fully qualified and best suited among those submitting proposals, on the basis of evaluation criteria described in this Request for Proposal. The University will then conduct negotiations with each of these firms. After negotiations have been conducted, the University will select the firm which, in its opinion, has made the best proposal. The University will award the contract to the Selected Firm by either of these methods:
1. Accept the proposal as written by issuing a written notice to the Selected Firm which refers to this Request for Proposal and accepts all or part of the proposal submitted in response to it and/or any addenda submitted during the negotiation process; or
2. Execute a mutually satisfactory written agreement based on this Request for Proposal, the proposal submitted, and the negotiations concerning these.
If the University determines in writing and in its sole discretion that only one firm is fully qualified, or that one firm is clearly more highly qualified than the others under consideration, it may decide to negotiate and award a contract to that firm.
Because the University may use alternative (1) above, each firm must include in its written proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add such matters after the proposal is submitted.
Firms should also note that, as described in Section H, Provisions Deemed Included in the Proposal, certain matters will automatically be deemed part of the proposal.
H. Provisions Deemed Included in the Proposal
The University will consider each proposal to include not only the matters expressly stated in the proposal as requested in Section V, Contents of the Proposal, but also other provisions which consist of two different types: those which are "mandatory" and cannot be changed by a firm in its proposal; and those which are "preferred" by the University, but which a firm may wish to alter by expressly and specifically so stating in its proposal.
The University includes mandatory provisions so that all proposals will be governed by the same basic contractual terms. The University encourages any firm which feels that a mandatory provision is unreasonable to contact the University before proposals are due so the University can consider amending the provision. The University includes preferred provisions so that any difference between the firm and the University's preferred contractual provisions can be considered during the University's evaluation of proposals.
1. Mandatory Provisions
Each proposal received by the University in response to this Request for Proposal will automatically be deemed to include the firm's agreement to the provisions of (a) and (b) below. Although such provisions will govern the firm's proposals as submitted, the University and one or more firms may later mutually agree to amend such provisions, such as when additional time is needed to consider proposals, or when contractual negotiations or performance indicate that such amendments are appropriate.
a. The proposal constitutes an offer by the firm which will remain open and irrevocable for a period of 120 days from the deadline for submitting proposals as stated in Section C, Proposal Deadline
b. If selected by the University, the provisions governing the firm's performance will include all the provisions of the Mandatory Technical Specifications listed in Section III, Scope of Goods and Services, and Attachment 1, Mandatory Contractual Provisions.
2. Preferred Provisions
Unless a firm expressly and specifically provides otherwise in its written proposal, the proposal received by the University in response to this Request for Proposal will automatically be deemed to include the firm's agreement to these provisions:
a. The firm consents to the University contacting and obtaining any information relevant to this Request for Proposal from the references and others identified by the firm in its proposal, as well as from any other persons, firms, or organizations which the University wishes to contact; and
b. If selected by the University, the provisions governing the firm's performance will include all the provisions of Attachment 2, Preferred Contractual Provisions.
The University reserves the right to reject any or all proposals received. Nonacceptance of a firm's proposal will mean that one or more proposals were deemed more advantageous to the University or that all proposals were rejected. Firms whose proposals are not accepted will be notified after a binding contractual agreement between the University and the Selected Firm exists, or when the University rejects all proposals.
Mandatory Contractual Provisions
A. Nondiscrimination
During the performance of this Agreement, the Selected Firm will comply with the contract provisions contained in Section 11-51 (1) & (2) of the Code of Virginia or any successor provisions which may be applicable to this Agreement.
B. Conflict of Interests
The Selected Firm represents to the University that its entering into this Agreement with the University does not entail any violation of the Virginia State and Local Government Conflict of Interests Act.
C. Assignment
Neither party to this Agreement will have the right to assign this Agreement in whole or in part without the prior written consent of the other.
D. Amendments
No amendment of this Agreement will be effective unless it is reduced to writing and executed by the University's Chief Contracting Officer and by the individual signing the Selected Firm's proposal or by other individuals named by either party as specified in Section E, Notices below. If the Selected Firm deviates from the terms of this Agreement without a written amendment, it does so at its own risk.E. Notices
All notices will be given in writing and deemed given when delivered to, or deposited in the U.S. Postal Service mail, certified mail return receipt requested, and addressed to the other party as shown below.
If to the University:
Dolly Prenzel
Chief Contracting Officer
Carruthers Hall
University of Virginia
1001 North Emmet Street
P.O. Box 9008
Charlottesville, Virginia 22906
If to the Selected Firm:
The person signing the Selected Firm's proposal in response to the University's Request for Proposal, at the Selected Firm's address indicated in such proposal; or to such other person or address as either may designate for itself in writing and provide to the other.
F. Independent Contractor
The Selected Firm will not be an employee of the University, but will be an independent contractor. The Selected Firm will indemnify and hold harmless the Commonwealth of Virginia, the University, and the employees and agents of each with respect to all withholding, Social Security, unemployment compensation and all other taxes or amounts of any kind relating to employment of the persons providing services to the University with respect to this Agreement. Nothing in this Agreement will be construed as authority for the Selected Firm to make commitments which will bind the University, or to otherwise act on behalf of the University, except as the University may expressly authorize in writing.
G. Worker's Compensation and Employers Liability
The Selected Firm will comply with all federal regulations pertaining to Worker's Compensation Requirements for insured or self-insured programs.
H. Drug-Free Workplace
The Selected Firm, its agents and employees are prohibited, under the terms of this Agreement and the Commonwealth of Virginia, Department of Personnel and Training Policy Number 1.02 executed by Governor Lawrence Douglas Wilder on July 1, 1991, from manufacturing, distributing, dispensing, possessing, or using any unlawful or unauthorized drugs or alcohol while on University property.
Preferred Contractual Provisions
A. Goods and Services
During the term of this Agreement, the Selected Firm will provide for the University the goods and services offered to the University by the firm in its proposal and/or any addenda to its proposal and as specified by the University when it selected the firm.
B. Term of Agreement
The term of maintenance for this Agreement will be for three years, with an option for renewal by the University, if agreeable to the Selected Firm on the same terms and conditions, for three additional two-year terms. The Selected Firm and the University will mutually agree at least 180 days prior to each renewal option whether to renew the terms of the Agreement.
C. Contract Administrator
The University will identify a Contract Administrator for any Agreement which results from this Request for Proposal. The individual will be the point of contact at the University for day-to-day operations, but cannot approve amendments to the Agreement or price changes.
D. Waiver
No waiver of any right will be deemed a continuing waiver, and no failure on the part of either party to exercise wholly or in part any right will prevent a later exercise of such or any other right.
E. Indemnification
The Selected Firm will indemnify and hold harmless The Commonwealth of Virginia, The Rector and Visitors of the University of Virginia, and their agents, employees and officials from any and all costs, damage or loss, claims, liability, damages, expenses (including, without limitation, attorneys' fees and expenses) caused by or arising out of the performance or non performance of the Agreement by the Selected Firm.
F. Governing Law
This Agreement will be governed in all respects by the laws of the Commonwealth of Virginia.
G. Termination
If the Selected Firm fails to provide quality goods and services in a professional manner, solely as determined by the University, and, upon receipt of notice from the University, does not correct the deficiency within a reasonable period of time, not to exceed 30 calendar days unless otherwise agreed to by both parties, the University reserves the right to terminate this Agreement by giving written notice to the Selected Firm.
H. Non-Appropriation
Funding for any Agreement between the University and a Selected Firm is dependent at all times upon the appropriation of funds by the Virginia General Assembly and/or any other organization of the Commonwealth authorized to appropriate such funds. In the event that funding to support this Agreement is not appropriated, whether in whole or in part, then the Agreement may be terminated effective the last day for which appropriated funding is available.
I. Right of Audit
The University reserves the right to audit or cause to be audited the Selected Firm's books and accounts regarding the University's account at any time during the term of this Agreement and for five years thereafter.
J. Contractual Claims
This Agreement is subject to the University's policy on Contractual Claims which is provided as Attachment 3, Procedure for Resolution of Contractual Claims.
K. Insurance
Listed below is the insurance which the Selected Firm must maintain as part of this Agreement.
Commercial/Comprehensive General Liability:
The Selected Firm and any Subcontractor will maintain, at a minimum, a minimum Limit of liability for bodily injury and property damage of $500,000 per person/occurrence, with coverage for:
Premises - Operations
Product - Completed Operations
L. Use of Agreement by Third Parties
If agreeable with the Selected Firm, these organizations may have access to any Agreement resulting from this Request for Proposal (RFP): 1) Any University related foundation, 2) Any public institution of higher education, and 3) City of Charlottesville and County of Albemarle. The Selected Firm will respond promptly to a request from any of these organizations for access to the Agreement, but is NOT required to enter into an equivalent agreement with the organization. A Firm's willingness to provide this access to these organizations will not be a consideration in awarding this RFP. Although the organizations may have access to the Agreement, their entry into any equivalent agreement with the Selected Firm is strictly optional.
If an organization chooses to enter into an equivalent agreement, it will so notify the Selected Firm in writing, and will proceed to execute such an agreement. The University will have no responsibility whatsoever for payment of invoices rendered to the organization, resolution of problems, or administration of contractual claims. The University's sole intent is to provide other organizations with access to the University's Agreements and to provide Selected Firms with opportunities to do business with other organizations.
M. Favored Nations
The Selected Firm represents that the prices, terms, warranties, and benefits specified in its proposal are comparable to or better than the equivalent terms being offered by the firm to any present customer.
N. Site licensing of any required client software
The University anticipates that this System will be used by faculty, staff and students and the University wishes to produce standard installation packages. Licensing terms that support ready distribution and on-site packaging of installers are preferred.
O. Support Contracts
The Selected Firm will offer a support contract with a 4-hour response time to enable the University to keep fewer spare parts on-site.
Procedure for Resolution of Contractual Claims
Section 11-69 of the Virginia Public Procurement Act requires contractors with the University to submit any claims, whether for money or other relief, in writing no later than 60 days after final payment, however, written notice of the contractors intention to file such a claim will have been given at the time of the occurrence or beginning of the work upon which the claim is based.
The University's procedure for deciding such contractual claims is:
A. The Selected Firm must provide the written claim to:
Director
The Purchasing Department
University of Virginia
1001 North Emmet Street
P.O. Box 9008
Charlottesville, Virginia 22906
B. Although the Selected Firm may, if it chooses, attempt to resolve its claim by dealing with a University department other than the one stated in Section A above, the Selected Firm must submit any unresolved claim in writing no later than 60 days after final payment to the Director of the Purchasing Department if it wishes to pursue its claim.
C. Upon receiving the written claim, the Director of the Purchasing Department will review the written materials relating to the claim and decide whether to discuss the merits of the claim with the Selected Firm. If such discussion is to be held, the Director of the Purchasing Department will contact the Selected Firm and arrange such discussion. The manner of conducting such discussion will be as the Director and the Selected Firm mutually agree.
D. The Director of the Purchasing Department will mail his or her decision to the Selected Firm within 60 days after receipt of the claim. The decision will state the reason for granting or denying the claim.
E. The Selected Firm may appeal the decision to:
Chief Contracting Officer
University of Virginia
Carruthers Hall
1001 North Emmet Street
P.O. Box 9008
Charlottesville, Virginia 22906
by providing a written statement explaining the basis of the appeal to the Chief Contracting Officer, within 15 days after the Selected Firm's receipt of the decision.
F. Upon receiving the written appeal, the Chief Contracting Officer will review the written materials relating to the claim and decide whether to discuss the merits of the claim with the Selected Firm. If such discussion is to be held, the Chief Contracting Officer will contact the Selected Firm and arrange such discussion. The manner of conducting such discussion will be as the Chief Contracting Officer and the Selected Firm mutually agree.
G. The Chief Contracting Officer will mail his or her decision to the Selected Firm within 15 days after the Chief Contracting Officer's receipt of the appeal. The decision will state the reasons for granting or denying the appeal.
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