June 30, 1997
Wireless Communication System
Request for Proposal Number GN063097
This Web document is a simple facsimile of the official University of Virginia Request for Proposals (RFP). If you intend to respond to this RFP, you must obtail an official copy from our Purchasing department. Please call 804-924-4212 for information on how to obtain an official document.
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 20
Attachment 2 - Preferred Contractual Provisions 23
Attachment 3 - Procedure for Resolution of Contractual Claims 28
Attachment 4 - Medical Center Policy Number 0139 30
Attachment 5 - University Map 31
The Rector and Visitors of the University of Virginia (University), a Virginia public corporation, seeks an experienced firm to provide a wireless communication system. 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.
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 1997.
In support of its mission and in an effort to maintain the highest quality services for its customers, the University of Virginia, inclusive of the Health Sciences Center, seeks an experienced firm to provide a wireless communication system ("System") that works within most, if not all, University buildings and throughout the entire grounds of the university. The University has more than 25,000 students, faculty, physicians, and staff. The University has more than 200 buildings located within a five mile radius in Charlottesville. There are also some satellite facilities in town (Blue Ridge Hospital, Kluge Children's Rehabilitation Center, Radiation Therapy Center, Fontaine and Northridge buildings), along with many other off-site facilities in and outside of Charlottesville. Reference Attachment 5, University Map, for all the sites to be included in the University's definition of "on Grounds".
It is desired to develop the System using wireless technology, preferably Personal Communication Services (PCS) technology, in a partnership arrangement with a firm. The preferred approach is to partner with the Selected Firm in a wholesaler agreement, such that the University purchases the System and pays the Selected Firm to manage/operate the System. The University would perform all direct billing to the customers similar to the current arrangement with Siemens Business Systems 9751 series PBX telephone system. Ideally, the System would allow "free call" communication on Grounds, that is linked with the University's PBX for "user-friendly" access. Also, the System would provide a linkage to off-Grounds communication in the surrounding communities, including the City of Charlottesville, and Albemarle and other surrounding counties. Another goal is to develop this wireless service similar to the features and pricing of service currently offered via land-line technology.
Expectations are that University staff (including faculty, physicians, nurses, etc.) and students will be interested in using the System. Reasons for a University-wide implementation of a wireless communication system include: feature integration, additional feature add-ons, cost savings to the University, improved customer service, more efficient patient care, and improved faculty, physician, or staff morale.
It is the University's intent to enter into an Agreement with the Selected Firm for a System 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.
The University is seeking experienced firms to provide a new wireless communications system, inclusive of network installation. It is the University's intent to contract with a single firm unless, after examining the submitted proposals, it appears beneficial to the University to award contracts to multiple firms.
The Selected Firm will, upon request, supply the University with reports which detail the level or the quality of service being delivered. The University and the Selected Firm will finalize reporting details as part of the final agreement negotiations.
The University also has automated call distribution loaded onto the system throughout the Grounds.
A. The University will evaluate proposals and, if a firm is to be selected, select the firm on the basis of:
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.
The University seeks creative financial proposals which meet the objectives stated in Section II, Background Discussion and Goals of the University. Provide this information regarding the firm's financial proposal
It may be necessary or desirable for the University's evaluation team of less than ten people to travel to a site chosen jointly by the firm and the University to view its operation. Each firm will indicate whether it will reimburse the University for the reasonable and actual expenses (travel, lodging, meals, etc.) incurred by the University for its travel.
Provide any other information which the University should consider in evaluating the firm's proposal.
Here is a brief schedule for this procurement, specifying the important dates and milestones:
Issue Date of RFP 06/30/97
Preproposal Conference 07/14/97
Deadline for Receipt of Proposals 07/28/97
Oral Presentations/ Negotiations 08/11/97 and 08/12/97
Contract Award 09/30/97
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, Assistant Director
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 at (804) 924-4220 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 Monday, July 14, 1997 at 3:00 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 Thursday, July 10, 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., Monday, July 28, 1997. Nine copies of each proposal must be provided in individual, bound volumes.
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 and negotiations are scheduled for August 11, and 12, 1997.
A period of informal communication between each firm and the Purchasing Department exists from the date of receipt of this Request for Proposal until such time as 1) a binding contractual agreement exists with the Selected Firm and all other firms have been so notified, or 2) the University rejects all proposals.
At such time that the period of communications expires, as defined above, all communication between the University and each firm will be deemed formal. Formal communications may include, but not be limited to:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Selected Firm will comply with all federal regulations pertaining to Worker's Compensation Requirements for insured or self-insured programs.
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.
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.
The term of this Agreement will be for ten 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.
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.
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.
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.
This Agreement will be governed in all respects by the laws of the Commonwealth of Virginia.
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.
The University reserves the right to cancel this Agreement for any reason upon 90 days written notice.
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.
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.
This Agreement is subject to the University's policy on Contractual Claims which is provided as Attachment 3, Procedure for Resolution of Contractual Claims.
Listed below is the insurance which the Selected Firm must maintain under any Agreement resulting from this Request for Proposal. Each Firm will propose insurance which meets or exceeds the needs of the University. No Agreement will be executed by the University until the firm satisfies the insurance requirements of the University. The Selected Firm may be required to provide the University with a valid Certificate of Insurance before providing any goods or services to the University. The University reserves the right to approve any insurance proposed by the Selected Firm.
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:
The Selected Firm and Subcontractor will provide a minimum Limit of Liability for bodily injury of $100,000/$300,000 per person/occurrence and property damage $100,000 per occurrence, with coverage for:
Owned and non-owned automobiles operated by their
If agreeable with the Selected Firm and the University, these organizations may have access to any Agreement resulting from this Request for Proposal (RFP): 1) Any University related foundation, 2) City of Charlottesville and County of Albemarle, and 3) Piedmont Virginia Community College. 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.
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.
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:
Director of Purchasing
University of Virginia
1001 North Emmet Street
P.O. Box 9008
Charlottesville, Virginia 22906
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.