REQUEST FOR PROPOSAL #4-04 July 2, 2003
Administered by:
PURCHASING DEPARTMENT
UNIVERSITY OF MAINE
ORONO, MAINE 04469-5765
REQUEST FOR PROPOSAL
FOR AUTOMATED TELLER MACHINES
1.0 GENERAL INFORMATION:
1.1 Purpose: The University of Maine System, acting through the University of Maine at Augusta, is seeking proposals for the provision of two automated teller machines (ATM) to be located as shown below. This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.
One ATM is to be located in the new Student Center, scheduled to open September 2003, on the Augusta campus.
One ATM is to be located in the existing College Center at the University College of Bangor in Bangor.
1.2 Definition of Parties: The University of Maine at Augusta will hereinafter be referred to as the "University." Respondents to the RFP shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."
1.3 Scope: The University anticipates that space for the two ATM’s will be available for installation in August 2003. In the fall of 2002, the University had a student population of 2,200 at Augusta and 1,000 at Bangor and a staff of 200 at Augusta and 75 at Bangor. We expect those numbers to remain fairly constant for fall 2003. The new Student Center at Augusta will be open form 7:00 a.m. to 10:00 p.m., when classes are in session and 7:00 a.m. to 7:00 p.m. when classes are not in session. The College Center in Bangor will be open from 7:00 a.m. to 10:00 p.m. when classes are in session and 7:00 a.m. to 7:00 p.m. when classes are not in session. Classes at the University are held September through December (Fall Semester), January through May (Spring Semester), and May through August (Summer Sessions).
1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the University's and students’ best interests, including, but not limited to: financial return to the University, fees charged to users, services provided by machine and types of cards served.
1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site,
www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.
Inquiries must be made to: Hal Wells
Purchasing Department
University of Maine
5765 Service Building, Room 101J
Orono, Maine 04469-5765
(207) 581-2708
1.6 Award of Proposal: Presentations may be requested of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be considered in the evaluation of proposals. The University may cancel this RFP or reject any or all proposals in whole or in part. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.
1.7 Award Protest: Bidders may appeal the award decision by submitting a written protest to the Director of Purchasing within five (5) business days of the date of the award notice, with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge.
1.8 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature to the extent allowed by law. Clearly mark any information considered confidential.
1.9 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.
1.10 Debarment: Submission of a signed proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.
1.11 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.
1.12 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.
1.13 Proposal Submission: A SIGNED original and 2 copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Thursday, July 17, 2003, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. In the event that the University is closed due to inclement weather on the day that a proposal is due, proposals will be accepted on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Additional time will not be granted to any single vendor, however additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:
Name of Bidder
Address of Bidder
Due Date
RFP #
1.14 Proposal Preparation: Before submitting a proposal, the bidder may visit the site of the proposed work to become fully acquainted with existing conditions, facilities, difficulties and restrictions, thoroughly examine and be familiar with the specifications included in the bid. The University has set the following date/time(s) for site visits. To make arrangements to inspect the location(s) on the date/time specified, contact:
Date/Time: Thursday, July 10, 2003 at 9:30 a.m.
Student Center on the Augusta campus: Peter St. Michel at 207-621-3119
Date/Time: Wednesday, July 9, 2003 at 9:30 a.m.
College Center on the University of Bangor campus: Fred Ouellette at 207-262-7730
2.0 GENERAL TERMS AND CONDITIONS:
2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.
2.2 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for financial considerations) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.
2.3 Contract Term: The initial contract term shall be for a period of three (3) years commencing upon installation of the equipment. With mutual written agreement of the parties this contract may be extended for two (2) additional one-year periods.
2.4 Contract Data: The Contractor is required to provide the University with detailed data concerning the contract at the completion of each contract year or at the request of the University at other times. The University reserves the right to audit the Contractor's records to verify the data. This data may include, but is not limited to: transactions processed, other services rendered, and payments made to the University.
2.5 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.
2.6 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within ten (10) days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Except for such cancellation for cause by the University, either the University or the Contractor may terminate this Contract by giving sixty (60) days advance written notice to the other party. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.
2.7 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from the Sheri Stevens, Executive Director of Administrative Services 207-621-3110 or her designee.
2.8 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted in a state court located in the State of Maine.
2.9 Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior written consent of the University.
2.10 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.
2.11 Independent Contractor: Whether the Contractor is corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.
2.12 Sexual Harassment: The University of Maine is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, Sheri Stevens, Farmhouse, Augusta 207-621-3110.
2.13 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.
2.14 Contractor’s Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:
Insurance Type Coverage Limit
1. Commercial General Liability $1,000,000 per occurrence or more
(Written on an Occurrence-based form) (Bodily Injury and Property Damage)
2. Automobile Liability $1,000,000 per occurrence or more
(Including Hired & Non-Owned) (Bodily Injury and Property Damage)
3. Workers Compensation Required for all personnel
Employers Liability minimum limits:
Bodily injury by accident: $100,000 each accident
Bodily injury by disease: $100,000 each accident
Bodily injury by disease: $500,000 policy limit
The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with:
University of Maine Purchasing Department
5765 Service Building
Orono, Maine 04469
Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.
As additional insured and certificate holder, the University should be included as follows:
The University of Maine System
107 Maine Avenue
Bangor, ME 04401
2.15 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.
3.0 PERFORMANCE TERMS AND CONDITIONS:
3.1 Contract Administration: The Executive Director of Administrative Services or her designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.
3.2 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator. All employees of the Contractor at the institution who handle cash shall be bonded, and a list of these employees shall be furnished to the University.
3.3 Payments: TBD
3.4 Maintenance: The Contractor will be diligent in making repairs to the ATM(s) to minimize downtime.
3.5 Installation: Installation of the ATM is the responsibility of the Contractor, but all plans must have the prior approval of the University's Office of Administrative Services.
3.6 Utilities: The University will provide electrical and data service to the site. The Contractor is financially responsible for any telecommunication service used during the contract period.
3.7 Risk: The Contractor will be solely responsible for the security of the machine(s) and its contents and assumes all risk of loss or damage to the machine(s), contents, and funds in transit.
3.8 Removal of Equipment: All equipment not removed from the property at the termination of the contract may be removed and placed in storage by the University. All costs of removal and storage shall be the responsibility of the Contractor.
3.9 Utility Interruption: The University cannot guarantee an uninterrupted supply of utilities except that it will be diligent in restoring service within its control following an interruption. The University shall not be financially responsible for any loss which may result from an interruption.
4.0 PROPOSAL CONTENT:
Bidders shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the University. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information describing operational abilities. Responses to each requirement below should be in order and clearly marked with the section number to which they respond.
4.1 Business Profile: annual reports, financial statements, history and description of the company, other published reports about the company.
4.2 Payments and/or Commission: The financial offer to the University may be expressed as an annual payment, a per transaction commission, a combination of the two or some other form of compensation.
4.3 Equipment Offered:
4.3.1 Product Information: The bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts, and specifications with the proposal to enable the University to determine if the product offered meets the requirements of the proposal. Failure to do so may cause the proposal to be considered non-responsive. All equipment offered must meet ADA requirements.
4.3.2 List the cards and card systems the ATM(s) will accept and the functions they will perform.
4.4 Contract: If you have a standard contract that you prefer to use, send a copy with your proposal.
4.5 Service Fees: State the amount of service fees charged to users of the ATM(s).
4.6 Lead Time: State the number of days to delivery of ATM(s) after award of contract.
4.7 References: A list of three references is required to be submitted with your quotation. These references should be agencies your firm has done business with in the past year on projects with a similar scope to this one.
5.0 Authorized Signature
COMPANY NAME _______________________
By: ________________________________
(Signature)
____________________________________
(Print Name)
____________________________________
(Title)
____________________________________
(Date)