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Page 1 of 55<br />

Nancy Sterling, Senior Contract Officer<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong><br />

1700 Pratt Drive (0214)<br />

Blacksburg, <strong>Virginia</strong> 24060<br />

540/231-9517 Fax: 540/231-4110<br />

E-mail: nancy.sterling@vt.edu<br />

www.ita.vt.edu<br />

COMMONWEALTH OF VIRGINIA<br />

STANDARD CONTRACT<br />

Contract Number: VT-PTG-1508<br />

This contract entered into this 8th day of September, 2008 by PLANIT <strong>Tech</strong>nology Group, LLC, hereinafter called<br />

“Contractor”, and the Commonwealth of <strong>Virginia</strong>, <strong>Virginia</strong> Polytechnic Institute and State University, hereinafter<br />

called “<strong>Virginia</strong> <strong>Tech</strong>”.<br />

WITNESSETH that the Contractor and <strong>Virginia</strong> <strong>Tech</strong>, in consideration of the mutual covenants, promises, and<br />

agreements herein contained, agrees as follows:<br />

SCOPE OF CONTRACT: The Contractor shall provide to <strong>Virginia</strong> <strong>Tech</strong>, as needed and according to potential<br />

<strong>Virginia</strong> <strong>Tech</strong> Purchase Orders if issued, personnel having qualifications and experience similar to the bid resumes<br />

submitted for the specific line items for which the Contractor bid, using bid rates or lower, and potentially including<br />

travel per <strong>Virginia</strong> travel regulations, as set forth in the Contract Documents.<br />

PERIOD OF CONTRACT: From September 8, 2008 through September 7, 2011 plus two optional one-year<br />

renewals.<br />

COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by <strong>Virginia</strong> <strong>Tech</strong> in accordance<br />

with the contract documents.<br />

CONTRACT DOCUMENT: The contract documents shall consist of:<br />

• This signed contract<br />

• Attachment A – Invitation for Bid<br />

• Attachment B – Questions and Answers<br />

• Attachment C – Bid Submitted by Contractor<br />

All of which contract documents are incorporated herein.<br />

Both parties agree to accept and be legally bound by authorized facsimile/scanned signatures in lieu of authorized<br />

original signatures.<br />

In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.<br />

Contractor:<br />

<strong>Virginia</strong> <strong>Tech</strong><br />

By: ________________________________ By: ________________________________<br />

Authorized Signature<br />

Authorized Signature<br />

Name: Nigel Buttery<br />

Name: John D. Krallman<br />

Title: President Title: Director of IT <strong>Acquisitions</strong><br />

Invent the Future<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

An equal opportunity, affirmative action institution


Page 2 of 55<br />

Table of Contents for Contract and Attachments<br />

Section<br />

Page<br />

Number<br />

Contract Signature Page 1<br />

Attachment A – Invitation for Bid 3<br />

Attachment B – Questions and Answers 15<br />

Attachment C– Bid Submitted by Contractor 16


Page 3 of 55<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong><br />

1700 Pratt Drive<br />

Blacksburg, VA 24060<br />

FAX: 540-231-4110<br />

Awarded bid information is available at<br />

http://www.ita.vt.edu/cgi-bin/BidInfo/awardedBids.<br />

BID COVER SHEET<br />

Pages 2 to 9...: BID 648252<br />

Pages 10 to 12.: VPI & SU GENERAL TERMS AND CONDITIONS<br />

NOTE:<br />

Please check the bid form for each solicitation to determine the type of bid - sealed or<br />

unsealed.<br />

Your response to unsealed bids may be mailed or faxed to (540)231-4110 or 231-9294. Your response to<br />

sealed bids must be received in our office in a sealed envelope marked on the outside with bid number and bid<br />

opening date and hour. All sealed bids should be mailed or delivered to:<br />

<strong>Virginia</strong> <strong>Tech</strong> ITA Office; 1700 Pratt Drive; Blacksburg VA 24060-6361<br />

Please report any problems with this bid package to (540)231-8804.


Page 4 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Computing Center Purchasing Office<br />

1700 Pratt Drive<br />

Blacksburg, <strong>Virginia</strong> 24060<br />

Bid Number Issue Date Bid Type Bid Due Date & Hour<br />

648252 August 8, 2008 Sealed August 20, 2008<br />

3:00 p.m.<br />

INVITATION FOR BID<br />

See attached instructions, list of goods or services, and Terms and Conditions. Terms and Conditions (special and general) are incorporated<br />

by reference into this Invitation for Bid and in any resulting contract or purchase order. All requested goods may be considered ’brand name or<br />

equal’ unless specifically stated.<br />

Delivery terms are in all cases F.O.B. Destination unless other wise indicated in the body of your bid. If you take exception to these terms,<br />

actual shipping costs must be listed as a line item in your bid, or an estimated amount must be shown in your bid. These costs will be added to<br />

your bid for purposes of making an award.<br />

Bidder<br />

________________________________________<br />

________________________________________<br />

FAX /Phone Number:______________________<br />

________________________________________<br />

Attached to this form are printed terms and conditions. All of the General Terms and Conditions shall be a part of every bid submitted in response<br />

thereto and any resulting contract. The Invitation for Bid, the bid, and any modification or additions to either, together with the Purchase Order, shall<br />

constitute an entire integrated contract. In accordance with this invitation and subject to all conditions imposed here in and in attachments, the<br />

undersigned offers and agrees to furnish the item for the price set opposite each item.<br />

Please quote prices for the commodities or services shown on the attached listing sheet subject to the terms and conditions stated.<br />

Note: Your bid must be in compliance with clauses 29 and 35 of the General Terms and Conditions.<br />

Any purchase order/contracts resulting from this bid will be processed through the Commonwealth of <strong>Virginia</strong>’s eProcurement<br />

System, eVA (reference clause #29 of General Terms & Conditions.)<br />

Special Instructions<br />

1. Responses must be submitted on this form.<br />

2. Responses must be signed below in ink. Failure to do so will result in your bid being ruled non-responsive.<br />

3. Responses will be received in the VPI & SU Computing Center Purchasing Office until the date and hour shown above.<br />

4. Sealed bid responses must be returned in a ’sealed’ envelope, clearly marked on the outside with the bid number and the bid opening date.<br />

5. Responses may be mailed, express mailed, or hand delivered to the<br />

<strong>Virginia</strong> <strong>Tech</strong> Computer Purchasing Office, 1700 Pratt Drive, Blacksburg, VA 24060-6361.<br />

Company Name and Address F.I.N or S.S. Number Date Phone<br />

Print name and title<br />

FAX<br />

Authorized signature<br />

Toll free phone number<br />

Delivery schedule<br />

Payment terms<br />

Address all inquires and correspondence to Nancy Sterling (540) 231-9517 or Vicky Moore (540) 231-7953.<br />

Bid tabulation results will automatically be FAXed to all vendors who respond to this bid.<br />

All responses must include this signed cover sheet.


Page 5 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

ADDENDUM - DEADLINE EXTENSION - The<br />

deadline for receipt of bids is extended to August<br />

20, 2008, 3:00 pm Eastern time.<br />

PURPOSE: The purpose of this Invitition for Bids<br />

(IFB) is to solicit SEALED bids from qualified<br />

contractors to establish a pricing agreement for<br />

software architects, developers, analysts, and<br />

admins with the experience and qualifications<br />

detailed below. These services will be acquired on<br />

an as needed basis for departments at <strong>Virginia</strong><br />

<strong>Tech</strong> and will require issuance of a purchase order.<br />

<strong>Virginia</strong> <strong>Tech</strong> retains all intellectual property rights.<br />

Agreements will be made with one or more<br />

contractors and departments may choose the<br />

contractor they deem the most appropriate for their<br />

needs.<br />

CONTRACTOR INFORMATION REQUIRED<br />

(REVISED): The bidder shall only include<br />

personnel who are experienced in the services<br />

requested and currently employed by the bidder, or<br />

have a contractual relationship with the bidder, and<br />

the vendor shall submit resumes of all such<br />

personnel. As a minimum, the resume must show<br />

the name of the individual, job title, qualifications,<br />

and related work experience for the services<br />

requested. <strong>Virginia</strong> <strong>Tech</strong> departments will have the<br />

option of reviewing the resumes and holding<br />

interviews with the IT personnel before any<br />

procurement is begun. The bidder shall also<br />

provide three (3) recent references from education,<br />

government, or large corporate customers where<br />

the work performed was comparable the services<br />

described herein. References must include the<br />

date(s) the services were furnished, the client<br />

name and address, and a client point of contact<br />

familiar with the project, including name, phone<br />

number, and email, who the bidder authorizes<br />

<strong>Virginia</strong> <strong>Tech</strong> to contact. Also include samples of<br />

relevant completed work products that will allow<br />

<strong>Virginia</strong> <strong>Tech</strong> to evaluate bidder capabilities.<br />

TERM OF AGREEMENT This agreement is for<br />

three (3) years from date of award. The agreement<br />

may, however, be extended by <strong>Virginia</strong> <strong>Tech</strong> upon<br />

written agreement of both parties for two (2)<br />

successive one year periods, under the terms of<br />

the original bid, and at a reasonable time prior to<br />

Page 1


Page 6 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

contract expiration.<br />

PRICING SCHEDULE For each description below,<br />

fill in the applicable hourly rate. There will be no<br />

negotiation of these rates, so it’s highly<br />

recommended that the very best possible rates be<br />

provided, as these will be made available to all<br />

University departments.<br />

Bidders may provide additional line items,<br />

including experience and qualifications, with<br />

applicable hourly rate for services you feel are<br />

related to those requested below.<br />

ADDENDUM TO PRICING SCHEDULE - Bidders<br />

shall only enter rates for line items they can fulfill.<br />

Bidders can submit a bid response with some line<br />

item rates marked *no-bid* or left blank. Any<br />

resultant contract will not include no-bid or blank<br />

line items, and those line items cannot be added<br />

later.<br />

ADDENDUM - ONLINE ACCESS TO<br />

SOLICITATION DOCUMENTS<br />

Solicitation documents, including updates, are<br />

available on our department website and on eVA.<br />

Be sure to review the solicitation frequently for<br />

potential updates.<br />

To view documents on our department website, go<br />

to http://www.ita.vt.edu/. On the first screen, click<br />

on the underlined heading Computer Purchasing .<br />

On the next screen, on the right side in the box<br />

entitled Bid Index , click on the underlined<br />

sub-heading Active Bids . Then click on the<br />

solicitation number of interest to you.<br />

To view documents on the eVA website, go to<br />

http://www.eva.state.va.us/. On the first screen in<br />

the middle box, click on the underlined<br />

sub-heading Solicitation & Awards . Then click on<br />

the solicitation number (Solicit ID) of interest to<br />

you. Once in that solicitation s screen, click on the<br />

small box entitled Attachments to view the full<br />

solicitation package.<br />

ADDENDUM - INCORPORATION OF RELEVANT<br />

DOCUMENT This IFB and any potential resulting<br />

Page 2


Page 7 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

contract incorporates the Commonwealth of<br />

<strong>Virginia</strong> Purchasing Manual for Institutions of<br />

Higher Education and their Vendors, available<br />

online at<br />

http://www.odu.edu/af/materiel/departments/purcha<br />

singmanual.pdf<br />

For procedural questions, please contact Nancy<br />

Sterling, nancy.sterling@vt.edu, 540-231-9517.<br />

1 Embedded Systems Software Architect<br />

1 hr for<br />

The Embedded Systems Software Architect shall<br />

have 5-10 years experience architecting software<br />

applications to run on embedded mobile computing<br />

systems. The ideal architect shall be capable of<br />

performing the following tasks: software<br />

requirements definition and documentation;<br />

software development environment selection and<br />

specification; analysis and selection of target<br />

hardware platforms; software architecture design<br />

for mobile system application; PDA / mobile<br />

systems application development; automotive<br />

display application development; vehicle data<br />

network (CAN, OBDII, SAE J1939, SAE J1850)<br />

interface development, software application<br />

deployment and testing; human factors analysis<br />

and design.<br />

The Embedded Systems Software Architect shall<br />

have the following qualifications: 5-10 years C/C++<br />

or equivalent object oriented programming<br />

experience; Linux / Windows CE, Windows Mobile,<br />

etc. experience; Embedded systems integration<br />

and development; Graphical user interface<br />

development; Documentation development and<br />

maintenance experience; Software requirements<br />

definition experience.<br />

2 Embedded Systems Software Developer<br />

1 hr for<br />

The Embedded System Software Developer shall<br />

have 2-5 years experience developing software<br />

applications that run on embedded mobile<br />

computing systems. The ideal developer shall be<br />

capable of performing the following tasks: mobile<br />

system application development; automotive<br />

display application development; embedded<br />

Page 3


Page 8 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

systems software development; systems<br />

integration and test; vehicle data network (CAN,<br />

OBDII, SAE J1939, SAE J1850) interface<br />

development; software deployment and testing.<br />

The Embedded Systems Software Developer shall<br />

have the following qualifications: 2-5 years C/C++<br />

or equivalent object oriented programming<br />

experience; Linux / Windows CE, Windows Mobile,<br />

etc. experience; eEmbedded systems integration<br />

and development experience; software test and<br />

deployment experience; PDA applications<br />

development experience.<br />

3 Programmer Analyst Senior<br />

1 hr for<br />

The Programmer Analyst Senior shall have 2-5<br />

years experience related to specifics below. The<br />

ideal analyst shall be capable of performing the<br />

following tasks: primary participant in evaluation;<br />

development and deployment of new technologies<br />

to be used in an environment consisting of open<br />

source (Linux), closed source (Mac OS, Mac OS X,<br />

MS Windows) and web related technologies; assist<br />

in all aspects of the software lifecycle for new and<br />

existing code bases; develop and maintain tools to<br />

support the security, stability and scalability of<br />

these systems.<br />

The Programmer Analyst Senior shall have the<br />

following qualifications: hands on experience with<br />

Windows (all flavors), Mac OS (some flavors) and<br />

Linux (some flavors), some knowledge of internal<br />

workings of Windows 2000\2003, Active Directory<br />

and WMI, LDAP and/or ADSI interfaces,<br />

programming in C/C++/C#, Visual Basic, .NET<br />

Framework, Python, ASP, PHP, and Web<br />

Services; relational database administration and<br />

SQL programming background experience;<br />

intermediate familiarity with the software<br />

development process including code source<br />

management technologies; ability to write technical<br />

documentation and customer driven knowledge<br />

base style articles necessary.<br />

4 Computer Programmer Admin:<br />

1 ea for<br />

Page 4


Page 9 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

The Computer Programmer Admin shall have 2-5<br />

years experience related to specifics below. The<br />

ideal programmer admin shall be capable of<br />

performing the following tasks: maintain and<br />

develop visual computing solutions for end users;<br />

simulation, informatics, and VR integration.<br />

The Computer Programmer Admin shall have the<br />

following qualifications: Linux/Unix administration;<br />

LDAP/SAMBA network administration; OpenGL<br />

and C++ development; scene graph technology for<br />

interactive 3D graphics<br />

5 ADDENDUM - New Line Item - Java Portal<br />

1 ea for<br />

Development Specialist<br />

The Portal Development Specialist shall have 5-10<br />

years of experience building applications in a<br />

Java-based portal environment. The ideal<br />

candidate shall have extensive experience building<br />

portal-based applications utilizing: JBoss<br />

Enterprise Application platform, including Seam,<br />

RichFaces, jBPM, JBoss Rules and Spring;<br />

extensive experience in SOA development with<br />

web services utilizing the JBoss Enterprise SOA<br />

Platform and Glassfish Metro. Additional skills<br />

would ideally include content management system<br />

development experience using Drupal, enterprise<br />

search implementation with Google Mini or<br />

Appliance, SSO integration with JA-SIG Central<br />

Authentication Service (CAS), systems integration<br />

experience with Banner, data warehousing<br />

experience including building, populating and<br />

querying.<br />

The ideal minimum qualifications shall include:<br />

advanced application development experience with<br />

Java Servlets, JSF, Javascript and AJAX deployed<br />

on JBoss or Tomcat; web services development<br />

using a major web services framework such as<br />

Apache CXF or Glassfish Metro; data persistence<br />

using EJB3 or Hibernate; database development<br />

using Oracle or MySQL; experience with Java<br />

IDEs such as Eclipse, NetBeans or JDeveloper;<br />

code management using CVS or Subversion; build<br />

management using Ant or Maven.<br />

Page 5


Page 10 of 55<br />

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY<br />

Listing Sheet<br />

<strong>Information</strong> <strong>Tech</strong>nology <strong>Acquisitions</strong>/Computer Purchasing<br />

REQUISITION NO. R 648252<br />

PURCHASE ORDER NO. P<br />

Item No. Description of Articles Quantity Unit Unit Price Amount<br />

6 ADDENDUM - New line item - Senior Web<br />

1 ea for<br />

Application Developer<br />

The Senior Web Application Developer shall have<br />

2-5 years of experience building web applications<br />

with Java and PHP. The ideal candidate shall have<br />

extensive experience building applications with<br />

Java Servlets, JSF or JSP and Javascript;<br />

experience using development frameworks such<br />

as Spring or Struts; proven experience building<br />

web applications with PHP; experience with a<br />

content management system such as Drupal or<br />

Joomla.<br />

Minimum qualifications shall include: proven<br />

development experience using Java Servlets, JSP<br />

or JSF; proven development experience using<br />

PHP; intermediate-to-advanced SQL skills;<br />

demonstrable expertise in web UI design and<br />

development; experience using an IDE such as<br />

Eclipse, Netbeans or JDeveloper; experience with<br />

a source repository such as CVS or Subversion.<br />

7 ADDENDUM - Travel, if necessary<br />

TBD<br />

If a project requires travel, all <strong>Virginia</strong> <strong>Tech</strong> travel<br />

regulations must be followed; travel regulations are<br />

available online at<br />

http://www.co.vt.edu/Procedures/p20335a.html.<br />

The vendor must obtain advance written travel<br />

authorization from the <strong>Virginia</strong> <strong>Tech</strong> project lead.<br />

NOTE: Vendors should not enter a bid price for this<br />

line item.<br />

For procedural questions, please contact Nancy<br />

Sterling, nancy.sterling@vt.edu, 540-231-9517.<br />

TOTAL<br />

Page 6


Page 11 of 55<br />

Special Terms and Conditions for Bid 648252<br />

ORDERING OPTION<br />

In contracts for a fixed quantity of goods, if VPI & SU has a need to order additional quantities in excess<br />

of that stated in the contract, VPI & SU may, during the first 90 days after the contract is awarded, place<br />

additional orders under the contract at the original unit price through the issuance of separate purchase<br />

orders, but the aggregate of such additional orders shall not exceed 100% of the quantity originally stated<br />

in the contract.<br />

NON-VISUAL ACCESS TO TECHNOLOGY: All information technology which, pursuant to this<br />

Agreement, is purchased or upgraded by or for the use of any State agency or institution or political<br />

subdivision of the Commonwealth, the "<strong>Tech</strong>nology" shall comply with the following non-visual access<br />

standards from the date of purchase or upgrade until the expiration of this Agreement: 1 - effective,<br />

interactive control and use of the <strong>Tech</strong>nology shall be readily achievable by non-visual means; 2 - the<br />

<strong>Tech</strong>nology equipped for non-visual access shall be compatible with information technology used by<br />

other individuals with whom any blind or visually impaired user of the <strong>Tech</strong>nology interacts; 3 -<br />

non-visual technology shall be integrated into any networks used to share communications among<br />

employees, program participants or the public, and 4 - the technology for non-visual access shall have the<br />

capability of providing equivalent access by non-visual means to telecommunications or other<br />

interconnected network services used by persons who are not blind or visually impaired.<br />

Compliance with the foregoing non-visual access standards shall not be required if the head of the using<br />

agency, institution or political subdivision determines that, 1 - the technology is not available with<br />

non-visual access because the essential elements of the <strong>Tech</strong>nology are visual and, 2 - non-visual is not<br />

available. Installation of hardware, software, or peripheral devices used for non-visual access is not<br />

required when the <strong>Tech</strong>nology is being used exclusively by individuals who are not blind or visually<br />

impaired, but applications programs and underlying operating systems, including the format of the data,<br />

used for the manipulation and presentation of information shall permit the installation and effective use of<br />

non-visual access software and peripheral devices. If requested, the Contractor must provide a detailed<br />

explanation of how compliance with the foregoing non-visual access standards is achieved and a<br />

validation of concept demonstration.


Page 12 of 55<br />

GENERAL TERMS AND CONDITIONS<br />

1. ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the Commonwealth that they will conform to the provisions of the Federal<br />

Civil Rights Act of 1964, as amended, as well as the <strong>Virginia</strong> Fair Employment Contracting Act of 1975, as amended, where applicable, the <strong>Virginia</strong>ns<br />

With Disabilities Act, the Americans With Disabilities Act, and Section 2.2-4311 of the <strong>Virginia</strong> Public Procurement Act. If the award is made to a<br />

faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract<br />

on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national<br />

origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however,<br />

if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject<br />

to audit by the public body. ÀCode of <strong>Virginia</strong>, _ 2.2-4343.1 EÁ. In every contract over $10,000 the provisions in A. and B. below apply: A. During the<br />

performance of this contract, the Contractor agrees as follows: 1Á The Contractor will not discriminate against any employee or applicant for<br />

employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in<br />

employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor<br />

agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination<br />

clause. 2Á The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is<br />

an equal opportunity employer. 3Á Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed<br />

sufficient for the purpose of meeting the requirements of this Section. B. The Contractor will include the provisions of A. above in every subcontract or<br />

purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.<br />

2. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to <strong>Virginia</strong> <strong>Tech</strong> and the Commonwealth of <strong>Virginia</strong> all<br />

rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the<br />

Commonwealth of <strong>Virginia</strong>, relating to the particular goods or services purchased or acquired by <strong>Virginia</strong> <strong>Tech</strong> and the Commonwealth of <strong>Virginia</strong> under<br />

said contract.<br />

3. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth<br />

of <strong>Virginia</strong> and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable<br />

federal, state and local laws and regulations.<br />

4. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of <strong>Virginia</strong><br />

<strong>Tech</strong>.<br />

5. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any of the following ways: A. The parties may agree in writing to modify<br />

the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of<br />

their written agreement to modify the scope of the contract. B. <strong>Virginia</strong> <strong>Tech</strong> may order changes within the general scope of the contract at any time by<br />

written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as the method of packing or<br />

shipment and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any<br />

additional costs incurred as the result of such order and shall give <strong>Virginia</strong> <strong>Tech</strong> a credit for any savings. Said compensation shall be determined by one<br />

of the following methods: 1Á By mutual agreement between the parties in writing; or 2Á By agreeing upon a unit price or using a unit price set forth in<br />

the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to <strong>Virginia</strong><br />

<strong>Tech</strong>’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or 3Á By ordering the Contractor to proceed<br />

with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the<br />

contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present <strong>Virginia</strong> <strong>Tech</strong><br />

with all vouchers and records of expenses incurred and savings realized. <strong>Virginia</strong> <strong>Tech</strong> shall have the right to audit the records of the Contractor as it<br />

deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to <strong>Virginia</strong><br />

<strong>Tech</strong> within thirty À30Á days from the date of receipt of the written order from <strong>Virginia</strong> <strong>Tech</strong>. If the parties fail to agree on an amount of adjustment, the<br />

question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving<br />

disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of<br />

<strong>Virginia</strong> Purchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim or a dispute resolution process,<br />

litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by <strong>Virginia</strong> <strong>Tech</strong> or with<br />

the performance of the contract generally. 6 CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing to the Director<br />

of Purchasing, <strong>Virginia</strong> <strong>Tech</strong> Purchasing Department, 270 Southgate Center, Blacksburg, <strong>Virginia</strong> 24061, no later than sixty À60Á days after final<br />

payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the<br />

work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain<br />

time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final<br />

payment ÀCode of <strong>Virginia</strong>, Section 2.2-4363Á. A contractor may not institute legal action prior to receipt of the Director of Purchasing’s decision on<br />

the claim, unless that office fails to render such decision within thirty À30Á days. The decision of the Director of Purchasing shall be final and<br />

conclusive unless the contractor, within six À6Á months of the date of the final decision on the claim, institutes legal action as provided in the Code of<br />

<strong>Virginia</strong>, Section 2.2-4364.<br />

7. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective<br />

bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to<br />

the solicitation will be made only by addendum issued by the buyer.<br />

8. COMMONWEALTH OF VIRGINIA PURCHASING MANUAL FOR INSTITUTIONS OF HIGHER EDUCATION AND THEIR VENDORS: This<br />

solicitation is subject to the provisions of the Commonwealth of <strong>Virginia</strong> Purchasing Manual for Institutions of Higher Education and Their Vendors and<br />

any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review in the <strong>Virginia</strong> <strong>Tech</strong><br />

Purchasing Department or by accessing URL http://www.purch.vt.edu on the Web.<br />

9. DEBARMENT STATUS: By submitting their bids, bidders certify that they are not currently debarred by the Commonwealth of <strong>Virginia</strong> from<br />

submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity<br />

that is currently so debarred.<br />

10. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, <strong>Virginia</strong> <strong>Tech</strong>, after due oral or<br />

written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs.<br />

This remedy shall be in addition to any other remedies which <strong>Virginia</strong> <strong>Tech</strong> may have.


Page 13 of 55<br />

11. DRUG-FREE WORKPLACE: In every contract over $10,000 the following provisions apply: During the performance of this contract, the Contractor<br />

agrees to ÀiÁ provide a drug-free workplace for the Contractor’s employees; ÀiiÁ post in conspicuous places, available to employees and applicants for<br />

employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance<br />

or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such<br />

prohibition; ÀiiiÁ state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a<br />

drug-free workplace; and ÀivÁ include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the<br />

provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of<br />

work done in connection with a specific contract awarded to a Contractor the employees of whom are prohibited from engaging in the unlawful<br />

manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.<br />

12. EO/AA STATEMENT: <strong>Virginia</strong> <strong>Tech</strong>, an equal opportunity, affirmative action institution covered by presidential executive order 11246 as amended,<br />

advises all contractors, subcontractors, vendors and suppliers that direct receipt of federal funds may require appropriate action on their part.<br />

13. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they<br />

have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid,<br />

and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription,<br />

advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater<br />

value was exchanged.<br />

14. FACSIMILE BIDS:. Facsimile unsealed bids received in the <strong>Virginia</strong> <strong>Tech</strong> Purchasing Department prior to the time and date designated for bid<br />

submission will be accepted. For sealed bid programs, a bidder may fax a bid to a non-<strong>Virginia</strong> <strong>Tech</strong> third party, who in turn must deliver it to the<br />

Purchasing Department in a sealed envelope before the bid due date and time.<br />

15. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, the bidders certify that they do not and will not during the<br />

performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.<br />

16. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless <strong>Virginia</strong> <strong>Tech</strong> and the Commonwealth of <strong>Virginia</strong> and their<br />

officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the<br />

use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor,<br />

provided that such liability is not attributable to the sole negligence of <strong>Virginia</strong> <strong>Tech</strong> or failure of <strong>Virginia</strong> <strong>Tech</strong> to use the materials, goods, or equipment<br />

in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.<br />

17. LATE BIDS: To be considered for selection, bids must be received by the <strong>Virginia</strong> <strong>Tech</strong> Computer Purchasing Department À0214Á, 1700 Pratt<br />

Drive, Room 210, Blacksburg, <strong>Virginia</strong> 24061, by the designated date and hour. The official time used in the receipt of bids is that time on the automatic<br />

time stamp machine in the VT Computer Purchasing Department. Bids received in the Computer Purchasing Department after the date and hour<br />

designated are automatically disqualified and will not be considered. <strong>Virginia</strong> <strong>Tech</strong> is not responsible for delays in the delivery of mail by the U.S. Postal<br />

Service, private couriers, the intrauniversity mail system, or another means of delivery. It is the sole responsibility of the bidder to insure that its bid<br />

reaches the VT Computer Purchasing Department by the designated date and hour.<br />

18. MANDATORY USE OF VIRGINIA TECH FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official <strong>Virginia</strong> <strong>Tech</strong> form<br />

provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the invitation for bid may be cause for<br />

rejection of the bid; however, <strong>Virginia</strong> <strong>Tech</strong> reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as<br />

nonresponsive. As a precondition to its acceptance, <strong>Virginia</strong> <strong>Tech</strong> may, in its sole discretion, request that the bidder withdraw or modify nonresponsive<br />

portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective<br />

unless reduced to writing and signed by the parties.<br />

19. PAYMENT: A. TO PRIME CONTRACTOR: À1Á Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly<br />

to the payment address shown on the purchase order/contract. All invoices shall show the <strong>Virginia</strong> <strong>Tech</strong> or state contract number and/or purchase order<br />

number; social security number Àfor individual contractorsÁ or the federal employer identification number Àfor proprietorships, partnerships, and<br />

corporationsÁ. À2Á Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery,<br />

whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. À3Á All goods or services provided under this<br />

contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public<br />

agency is being billed. À4Á The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail,<br />

or the date of offset when offset proceedings have been instituted as authorized under the <strong>Virginia</strong> Debt Collection Act. À5Á Unreasonable Charges.<br />

Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are<br />

placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all<br />

invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a<br />

settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in<br />

writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a<br />

settlement cannot be reached within thirty À30Á days of notification. The provisions of this section do not relieve an agency of its prompt payment<br />

obligations with respect to those charges which are not in dispute ÀCode of <strong>Virginia</strong>, _ 2.2-4363Á. B. TO SUBCONTRACTORS: A contractor awarded<br />

a contract under this solicitation is hereby obligated: ÀaÁ To pay the subcontractorÀsÁ within seven À7Á days of the contractor’s receipt of payment<br />

from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractorÀsÁ under the contract; or ÀbÁ To<br />

notify <strong>Virginia</strong> <strong>Tech</strong> and the subcontractorÀsÁ, in writing, of the contractor’s intention to withhold payment and the reason. The contractor is obligated<br />

to pay the subcontractorÀsÁ interest at the rate of one percent per month Àunless otherwise provided under the terms of the contractÁ on all amounts<br />

owed by the contractor that remain unpaid seven À7Á days following receipt of payment from the Commonwealth, except for amounts withheld as stated<br />

in b. above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier<br />

contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an<br />

obligation of the Commonwealth.<br />

20. PRECEDENCE OF TERMS: Paragraphs 1, 2, 3, 7, 8, 9, 13, 15, 18, and 19 of these General Terms and Conditions shall apply in all instances. In the<br />

event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special<br />

Terms and Conditions shall apply.<br />

21. PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract award will be posted on the Public <strong>Information</strong> Board located in the<br />

lobby of the <strong>Virginia</strong> <strong>Tech</strong> Purchasing Department, 270 Southgate Center, Blacksburg, <strong>Virginia</strong>, if the value of the transaction is $15,000 or more. Award<br />

information may also be obtained by contacting the buyer whose name appears on the solicitation.


Page 14 of 55<br />

22. QUALIFICATIONS OF BIDDERS: <strong>Virginia</strong> <strong>Tech</strong> may make such reasonable investigations as deemed proper and necessary to determine the ability<br />

of the bidder to perform the work/furnish the itemÀsÁ and the bidder shall furnish to <strong>Virginia</strong> <strong>Tech</strong> all such information and data for this purpose as may<br />

be requested. <strong>Virginia</strong> <strong>Tech</strong> reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities.<br />

<strong>Virginia</strong> <strong>Tech</strong> further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy <strong>Virginia</strong> <strong>Tech</strong> that<br />

such bidder is properly qualified to carry out the obligations of the contract and to complete the work/furnish the itemÀsÁ contemplated therein.<br />

23. SUPREMACY CLAUSE: Notwithstanding any provision in the bidder’s response to the contrary, the bidder agrees that the terms and conditions<br />

contained in <strong>Virginia</strong> <strong>Tech</strong>’s bid prevail over contrary terms and conditions contained in the bidder’s response.<br />

24. TAXES: Sales to <strong>Virginia</strong> <strong>Tech</strong> and the Commonwealth of <strong>Virginia</strong> are normally exempt from State sales tax, State sales and use tax certificates of<br />

exemption, Form ST-12, will be issued upon request. Deliveries against the contract shall be free of Federal excise and transportation taxes. The<br />

Commonwealth’s excise tax exemption registration number is 54-73-0076K.<br />

25. TESTING AND INSPECTION: <strong>Virginia</strong> <strong>Tech</strong> reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services<br />

conform to the specification.<br />

26. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the priceÀsÁ offered are for FOB<br />

Destination and include only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped.<br />

Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be<br />

legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.<br />

27. USE OF BRAND NAMES: Unless otherwise provided in this solicitation; the name of a certain brand, make or manufacturer does not restrict bidders<br />

to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which<br />

<strong>Virginia</strong> <strong>Tech</strong> in its sole discretion determines to be equal of that specified, considering quality, workmanship, economy of operation, and suitability for<br />

the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient<br />

descriptive literature, catalog cuts and technical detail to enable <strong>Virginia</strong> <strong>Tech</strong> to determine if the product offered meets the requirements of the<br />

solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the<br />

information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a<br />

bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an "equal" product, such bid will be considered to offer the<br />

brand name product referenced in the solicitation.<br />

28. NONDISCRIMINATION OF CONTRACTORS: A bidder or a contractor shall not be discriminated against in the solicitation or award of this<br />

contract because of race, religion, color, sex, national origin, age, or disability or against faith-based organizations. If the award of this contract is made to<br />

a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to<br />

the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the<br />

public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or<br />

disbursements from an alternative provider<br />

29. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal<br />

www.eva.state.va.us, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to<br />

conduct business with state agencies and public bodies. Vendors desiring to provide goods and/or services to <strong>Virginia</strong> <strong>Tech</strong> are encouraged to participate<br />

in the eVA Internet e-procurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service, and<br />

complete the Ariba Commerce Services Network registration. Note: Vendors are strongly encouraged to register their company prior to submitting a bid<br />

or proposal. Vendors should register in both the eVA and the Ariba Commerce Services Network Registration Systems. Failure to register may result in<br />

the bid being rejected.<br />

30. PARKING PERMITS: Effective October 31, 2002, <strong>Virginia</strong> <strong>Tech</strong> Parking Services will require the purchase and display of a parking permit for all<br />

vendor/business/contractor vehicles, privately and company owned, that park on campus. The cost of the permit is the same as the faculty/staff permit.<br />

Permit options include one year, six months, three months, summer, or day. Permits are available through application at <strong>Virginia</strong> <strong>Tech</strong> Parking Services,<br />

455 <strong>Tech</strong> Center Drive, Blacksburg, <strong>Virginia</strong> 24061. Additional information is available at http://www.prking.vt.edu.vbc.htm or by calling Parking<br />

Services at À540Á 231-3200.<br />

31. PAYMENT TERMS: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or<br />

delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.<br />

32. INVOICES: Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the<br />

purchase order/contract. All invoices shall show the VPI & SU or state contract number and/or purchase order number; social security number Àfor<br />

individual contractorsÁ or the federal employer identification number Àfor proprietorships, partnerships, and corporationsÁ. All goods or services<br />

provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless<br />

of which public agency is being billed. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made<br />

by mail, or the date of offset when offset proceedings have been instituted as authorized under the <strong>Virginia</strong> Debt Collection Act<br />

33. EVALUATION AND AWARD: Awards are made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit<br />

prices, extensions and grand total must be shown. However, <strong>Virginia</strong> <strong>Tech</strong> reserves the right on multiple item procurements to make a separate award of<br />

each item, a group of items, and to make an award either in whole or in part, whichever is deemed in the best interest of <strong>Virginia</strong> <strong>Tech</strong>. In case of<br />

arithmetical errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts<br />

for prompt payment will not be considered in making awards. VPI & SU reserves the right to reject any and all bids in whole or in part, to waive any<br />

informality, and to delete items prior to making an award.<br />

34. NEW EQUIPMENT: Unless specifically requested in this IFB, all equipment furnished under this solicitation shall be new equipment and in current<br />

production.<br />

35. PRODUCT INFORMATION: The bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient<br />

descriptive literature, catalogue cuts and technical detail to enable VPI & SU to determine if the product offered meets the requirements of the invitation.<br />

Failure to do so may cause the bid to be considered nonresponsive.


Page 15 of 55<br />

Attachment B – Questions and Answers<br />

IFB R648252<br />

Q1) Do the employees need to have a Green card or American citizenship to perform work under this<br />

arrangement? Can they be on any other valid work visa (authorization to perform work in the US) like<br />

H1B or L1 or EAD - Employment Authorization document ?<br />

A2) The personnel for whom you send resumes must be a current employee of your company or have a<br />

contractual relationship with your company, must be legally able to work in the United States, and must<br />

be available to work with short notice unless under contract with another client.<br />

Q2) Most of our candidates will not be able to provide samples of their work, because the coding is a<br />

proprietary info. of the clients where they work. What is your suggestion?<br />

A2) You may submit a document with brief summaries of relevant projects your employees or contract<br />

personnel have worked on, if not prohibited. Please clarify their level of involvement and if it was their<br />

sole effort or if they worked with other contractors or the client.<br />

Q3) Since this arrangement is for multi-year procurement what is the % rate increase year on year that is<br />

permitted to cover inflation / cost of living. How should we represent this in the proposal.<br />

A3) Regarding rate increases, the vendor’s bid/proposal price is fixed for the original term of the<br />

contract. If any resultant contract includes one or more optional renewal periods, the contract vendor may<br />

propose renewal at original prices, or may propose prices adjusted by a percentage not to exceed the CPI-<br />

W section of the Consumer Price Index (All items, Unadjusted) for the latest twelve month period for<br />

which statistics are published at that time on the website http://stats.bls.gov/news.release/cpi.t04.htm. If<br />

the optional renewal is exercised, the agreed upon renewal rates are in effect for the renewal period, and<br />

all other terms and conditions remain in force.


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