RFP - Off-Campus Apartments

expired opportunity(Expired)
From: Tennessee Tech University(Higher Education)

Basic Details

started - 08 Jan, 2023 (15 months ago)

Start Date

08 Jan, 2023 (15 months ago)
due - 22 Feb, 2023 (14 months ago)

Due Date

22 Feb, 2023 (14 months ago)
Bid Notification

Type

Bid Notification

Identifier

N/A
Tennessee Tech University

Customer / Agency

Tennessee Tech University
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TENNESSEE TECHNOLOGICAL UNIVERSITY Request for Proposal OFF-CAMPUS APARTMENTS Proposal Due Date/Time: February 22, 2023 3:00pm CST Electronic copies of this Request for Proposal available at https://www.tntech.edu/purchasing/bidopportunities.php or by contacting RFP Coordinator at dwallis@tntech.edu https://www.tntech.edu/purchasing/bidopportunities.php mailto:dwallis@tntech.edu CONTENTS SECTION 1 INTRODUCTION 2 RFP SCHEDULE OF EVENTS 3 PROPOSAL REQUIREMENTS 4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION 5 PROPOSAL EVALUATION & CONTRACT AWARD RFP ATTACHMENTS: 6.1 Contractor Requirements Form 6.2 Pro Forma Contract 6.3 Proposal Transmittal/Statement of Certifications &
Assurances 6.4 Minimum Requirements 6.5 Technical Proposal & Evaluation Guide 6.6 Cost Proposal & Scoring Guide 6.7 Proposal Score Summary Matrix 6.8 Listing of State Universities, TBR System Institutions, the UT System of Higher Education, and State of Tennessee 1 INTRODUCTION 1.1 Background Tennessee Technological University is a four-year comprehensive university located in Cookeville, Tennessee. Tennessee Tech is the state’s only technological university and currently enrolls approximately 10,000 students. Tennessee Tech offers more than 40 undergraduate degree programs, 120 concentrations and 20 graduate degree programs from its eight academic divisions – the College of Agricultural and Human Sciences, College of Arts and Sciences, College of Business, College of Education, College of Engineering, College of Fine Arts, the School of Interdisciplinary Studies, and the School of Nursing. Long recognized for academic excellence, Tennessee Tech ranks as one of the Best Public Universities in the country by U.S. News and World Report (2017 and 2018 “Best National University”), by Payscale.com (2017 third overall for highest return on investment), and by The Princeton Review (among the “Best in the Southeast” for twelve of the last thirteen years). Founded in 1915, Tennessee Tech is governed by its own Board of Trustees. 1.2 Statement of Procurement Purpose Tennessee Tech intends to secure one or more non-exclusive agreements with qualified firms that can provide off-campus apartment housing to Tennessee Tech students when needed. Tennessee Tech has issued this Request for Proposal (RFP) to define Tennessee Tech's minimum service requirements; solicit proposals; detail proposal requirements; and, outline Tennessee Tech’s process for evaluating proposals and selecting the contractor(s). Through this RFP, Tennessee Tech seeks to find the best services at the most favorable, competitive prices and to give ALL qualified businesses, including those that are small, minority, or women-owned an opportunity to do business with Tennessee Tech as contractors and subcontractors. Vendors must complete the Contractor Requirements Form (See Attachment 6.1 for form and classification definitions) 1.3 Scope of Service, Contract Period, and Required Terms and Conditions The RFP Attachment 6.2, Pro Forma Contract details Tennessee Techs required:  Scope of Services in Section A;  Contract Term in Section B;  Payment Terms and Conditions in Section C;  Contractor Responsibilities in Section D;  Terms and Conditions in Section E; and,  Special Terms and Conditions in Section F. The Pro Forma Contract substantially represents the contract document that the Proposer selected by Tennessee Tech MUST agree to and sign. 1.4 Coverage and Participation Tennessee Tech is issuing this RFP on behalf of all State of Tennessee higher education institutions and agencies, Tennessee Board of Regents System Institutions and University of Tennessee System Institutions that desire to purchase under the resulting Agreement. A listing of these institutions is provided in Attachment 6.8. Proposers shall signify their willingness, or not, to extend the terms and pricing of their proposal using Attachment 6.3. Proposer’s choice to extend or not to extend shall not impact the Proposer’s scores. 1.5 Nondiscrimination No person shall be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in Tennessee Tech’s contracted programs or activities on the grounds of disability, age, race, color, religion, sex, veteran status, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with Tennessee Tech or in the employment practices of Tennessee Tech’s contractors. Accordingly, all vendors entering into contracts with Tennessee Tech shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. Tennessee Tech has designated the following to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and applicable federal regulations. Kevin Vedder, Associate VP of Human Resources Box 5132 Cookeville, TN 38505 Phone: 931-372-3034 1.6 Assistance to Proposers with a Disability A Proposer with a disability may receive accommodation regarding the means of communicating this RFP and participating in this RFP process. A Proposer with a disability should contact the RFP Coordinator to request reasonable accommodation no later than the Disability Accommodation Request Deadline in the RFP Section 2, Schedule of Events. 1.7 RFP Communications 1.7.1 Unauthorized contact regarding this RFP with employees or officials of Tennessee Tech other than the RFP Coordinator named below may result in disqualification from this procurement process. 1.7.1.1 Interested Parties must direct all communications regarding this RFP to the following RFP Coordinator, who is Tennessee Tech’s only official point of contact for this RFP. Donna Wallis – Director, Purchasing and Contracts Tennessee Technological University 1 William L. Jones Drive, Suite 301 Box 5144 Cookeville, TN 38505 Phone: 931-372-3492 Fax: 931-372-3727 dwallis@tntech.edu 1.7.2 Tennessee Tech has assigned the following RFP identification that must be referenced in all communications regarding the RFP: RFP – Off-Campus Apartments 1.7.3 Any oral communications shall be considered unofficial and non-binding with regard to this RFP. 1.7.4 Each Proposer shall assume the risk of the method of dispatching any communication or proposal to Tennessee Tech. Tennessee Tech assumes no responsibility for delays or delivery failures resulting from the method of dispatch. Actual or electronic “postmarking” of a communication or proposal to Tennessee Tech by a deadline date shall not substitute for actual receipt of a communication or proposal by Tennessee Tech. 1.7.5 The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Written Comments Deadline in the RFP Section 2, Schedule of Events. 1.7.6 Tennessee Tech reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. Tennessee Tech’s official responses and other official communications pursuant to this RFP shall constitute an amendment of this RFP. 1.7.7 Tennessee Tech will convey all official responses and communications pursuant to this RFP to the potential Proposers by posting such communications to the Purchasing webpage, at this link: https://www.tntech.edu/purchasing/bidopportunities.php 1.7.8 Only Tennessee Tech’s official, written responses and communications shall be considered binding with regard to this RFP. 1.7.9 Tennessee Tech reserves the right to determine, at its sole discretion, the method of conveying official responses and communications pursuant to this RFP (e.g., written, facsimile, electronic mail, or Internet posting). 1.7.10 Any data or factual information provided by Tennessee Tech, in this RFP or an official response or communication, shall be deemed for informational purposes only, and if a Proposer relies on such data or factual information, the Proposer should either: (1) independently verify the information; or, (2) obtain Tennessee Tech’s written consent to rely thereon. 1.8 Proposal Deadline Proposals must be submitted no later than the Proposal Deadline time and date detailed in the RFP Section 2, Schedule of Events. A proposal must respond to the written RFP and any RFP exhibits, attachments, or amendments. A late proposal shall not be accepted, and a Proposer's failure to submit a proposal before the deadline shall cause the proposal to be disqualified. 1.9 Written Questions/Answer Period A question and answer period deadline is in the RFP Section 2, Schedule of Events. The purpose of the written question/answer period is to allow Proposers to submit any questions they may have in regard to the scope of services requested. To ensure accurate, consistent responses to all known potential Proposers, the official response to questions will be issued by Tennessee Tech as described in RFP Sections 1.7, et seq., above and on the date in the RFP Section 2, Schedule of Events. https://www.tntech.edu/purchasing/bidopportunities.php Booking Agency Services 2 RFP SCHEDULE OF EVENTS The following Schedule of Events represents Tennessee Tech’s best estimate of the schedule that will be followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m. and 4:30 p.m., CT. RFP SCHEDULE OF EVENTS NOTICE: Tennessee Tech reserves the right, at its sole discretion, to adjust this schedule as it deems necessary. Tennessee Tech will communicate any adjustment to the Schedule of Events to the potential Proposers. EVENT TIME DATE (all dates are University business days) 1. Tennessee Tech Issues RFP January 20, 2023 2. Disability Accommodation Request Deadline February 3, 2023 3. Written Questions/Comments Deadline noon CT February 3, 2023 4. Tennessee Tech Responds to Written Comments/Questions 4:30 p.m. CT February 8, 2023 5. Proposal Deadline & Opening of Technical Proposals 3:00 p.m. CT February 22, 2023 6. Proposer Finalist On-Site Visits (if required) March 6 – March 10, 2023 7. Tennessee Tech Completes Technical Proposal Evaluations March 13, 2023 8. Tennessee Tech Opens Cost Proposals and Calculates Scores March 14, 2023 9. Tennessee Tech Issues Intent to Award Letter and Opens RFP Files for Public Inspection March 17, 2023 10. Award of Contract(s) March 24, 2023 11. Contract Effective Date Upon final signature Booking Agency Services 3 PROPOSAL REQUIREMENTS Each Proposer must submit a proposal in response to this RFP with the most favorable terms that the Proposer can offer. There will be no best and final offer procedure. However, Tennessee Tech reserves the right to further clarify or negotiate with the best evaluated Proposer subsequent to award recommendation but prior to contract execution if deemed necessary by Tennessee Tech. Tennessee Tech may initiate negotiations which serve to alter the bid/proposal in a way favorable to the University. For example, prices may be reduced, time requirements may be revised, etc. In no event shall negotiations increase the cost or amend the proposal such that the apparent successful Proposer no longer offers the best proposal. 3.1 Proposal Form and Delivery 3.1.1 Each response to this RFP must consist of a Technical Proposal and a Cost Proposal (as described below). 3.1.2 Each Proposer must submit one (1) original (with signature), and one (1) electronic* copy of the Technical Proposal to Tennessee Tech in a sealed package that is clearly marked: “Technical Proposal in Response to RFP- OFF-CAMPUS APARTMENTS -- Do Not Open” *Electronic copy is to be submitted on a flash drive with the Technical Proposal submission. 3.1.3 Each Proposer must submit one (1) original (with signature), and one (1) electronic* copy of Cost Proposal to Tennessee Tech in a separate, sealed package that is clearly marked: “Cost Proposal in Response to RFP- OFF-CAMPUS APARTMENTS -- Do Not Open” *Electronic copy is to be submitted on a separate flash drive with the Cost Proposal submission. 3.1.4 If a Proposer encloses the separately sealed proposals (as detailed above) in a larger package for mailing, the Proposer must clearly mark the outermost package: “Contains Separately Sealed Technical and Cost Proposals for RFP- OFF-CAMPUS APARTMENTS” 3.1.5 Tennessee Tech must receive all proposals in response to this RFP, at the following address, no later than the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. Late proposals will not be considered and will remain unopened and filed in the RFP file. Tennessee Technological University Attn: Donna Wallis - Purchasing and Contracts 1 William L. Jones Drive, Suite 301 PO Box 5144 Cookeville, TN 38505 931-372-3492 3.1.6 A proposal must be typewritten or hand-written in ink. A Proposer may not deliver a proposal orally or solely by means of electronic transmission. 3.2 Technical Proposal 3.2.1 The RFP Attachment 6.5, Technical Proposal and Evaluation Guide details specific requirements for making a Technical Proposal in response to this RFP. This guide includes mandatory and general requirements as well as technical queries requiring a written response. NOTICE: NO PRICING INFORMATION SHALL BE INCLUDED IN THE TECHNICAL PROPOSAL. INCLUSION OF COST PROPOSAL AMOUNTS IN THE TECHNICAL PROPOSAL MAY MAKE THE PROPOSAL NON-RESPONSIVE, AND THE UNIVERSITY MAY REJECT IT. THIS INCLUDES REFERENCES TO ITEMS THAT ARE INCLUDED “FREE” OR “AT NO ADDITIONAL COST”, ETC. 3.2.2 Each Proposer must use the Technical Proposal and Evaluation Guide to organize, reference, and draft the Technical Proposal. Each Proposer should duplicate the Technical Proposal and Evaluation Guide and use it as a table of contents covering the Technical Proposal (adding proposal page numbers as appropriate). 3.2.3 Each proposal should be economically prepared, with emphasis on completeness and clarity of content. A proposal, as well as any reference material presented, must be written in English and must be written on standard 8 1/2" x 11" paper (although foldouts containing charts, spreadsheets, and oversize exhibits are permissible). All proposal pages must be numbered. 3.2.4 All information included in a Technical Proposal should be relevant to a specific requirement detailed in the Technical Proposal and Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will in no way contribute to the evaluation process. 3.2.5 Tennessee Tech may determine a proposal to be non-responsive and reject it if the Proposer fails to organize and properly reference sections of the Technical Proposal as required by this RFP and the Technical Proposal and Evaluation Guide. 3.2.6 Tennessee Tech may determine a proposal to be non-responsive and reject it if the Technical Proposal document fails to appropriately address/meet all of the requirements detailed in the Technical Proposal and Evaluation Guide. 3.2.7 The Proposer must sign and date the Technical Proposal. Digital signatures, facsimile or scanned signatures are acceptable. Failure to submit one (1) original with a signature will be cause for rejection of the proposal. 3.2.8 In the event of a discrepancy between the original Technical Proposal and the digital copy, the original, signed document will take precedence. 3.2.9 Tennessee Tech may request Proposers allow an on-site visit of their property(ies) by the evaluation committee members. 3.3 Cost Proposal 3.3.1 The Cost Proposal must be submitted to Tennessee Tech in a sealed package separate from the Technical proposal. 3.3.2 Each Cost Proposal must be recorded on an exact duplicate of the RFP Attachment 6.6, Cost Proposal and Scoring Guide. 3.3.3 Each Proposer shall ONLY record the proposed costs exactly as required by the Cost Proposal and Evaluation Guide and shall NOT record any other rates, amounts, or information, unless additional information has been requested in the Cost Proposal instructions. 3.3.4 The proposed cost shall incorporate all costs for services under the Contract for the total contract period. 3.3.5 The Proposer must sign and date the original Cost Proposal. Digital signatures, facsimile or scanned signatures are acceptable. Failure to submit an original Cost Proposal with a signature will be cause for rejection of the Proposal. 3.3.6 In the event of a discrepancy between the original Cost Proposal and the digital copy, the original, signed document will take precedence. 3.3.7 If a Proposer fails to submit a Cost Proposal as required, Tennessee Tech shall determine the proposal to be non-responsive and reject it. Booking Agency Services 4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION 4.1 Proposer Required Review and Waiver of Objections Each Proposer must carefully review this RFP and all attachments, including but not limited to the Pro Forma Contract, for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively called “comments”). Comments concerning RFP objections must be made in writing and received by Tennessee Tech no later than the Written Comments Deadline in the RFP Section 2, Schedule of Events. This will allow issuance of any necessary amendments and help prevent the opening of defective proposals upon which contract award could not be made. Protests based on any objection shall be considered waived and invalid if these comments/objections have not been brought to the attention of Tennessee Tech, in writing, by the Written Comments Deadline. 4.2 RFP Amendment and Cancellation Tennessee Tech reserves the unilateral right to amend this RFP in writing at any time. If an RFP amendment is issued, Tennessee Tech will communicate such amendment via Internet posting at https://www.tntech.edu/purchasing/bidopportunities.php . Each proposal must respond to the final written RFP and any exhibits, attachments, and amendments. Tennessee Tech reserves the right, at its sole discretion, to cancel and reissue this RFP or to cancel this RFP in its entirety in accordance with applicable laws and regulations. 4.3 Proposal Prohibitions and Right of Rejection 4.3.1 Tennessee Tech reserves the right, at its sole discretion, to reject any and all proposals in accordance with applicable laws and regulations. 4.3.2 Each proposal must comply with all of the terms of this RFP and all applicable state laws and regulations. Tennessee Tech may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RFP. Tennessee Tech may consider any proposal that does not meet the requirements of this RFP to be non-responsive, and Tennessee Tech may reject such a proposal. 4.3.3 A proposal of alternate services (i.e., a proposal that offers services different from those requested by this RFP) shall be considered non-responsive and rejected. 4.3.4 A Proposer may not restrict the rights of Tennessee Tech or otherwise qualify a proposal. Tennessee Tech may determine such a proposal to be a non-responsive counteroffer, and the proposal may be rejected. A link to the impermissible clauses or copies of impermissible provisions is available from RFP Coordinator upon request. 4.3.5 A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions, Tennessee Tech may determine, at its sole discretion, the proposal to be a non-responsive counteroffer, and the proposal may be rejected. 4.3.6 A Proposer shall not submit more than one proposal. Submitting more than one proposal shall result in the disqualification of the Proposer unless specifically provided for in this proposal. 4.3.7 A Proposer shall not submit multiple proposals in different forms. This prohibited action shall be defined as a Proposer submitting one proposal as a prime contractor and permitting a second Proposer to submit another proposal with the first Proposer offered as a subcontractor. This restriction does not prohibit different Proposers from offering the same subcontractor as a part of their proposals, provided that the subcontractor does not also submit a proposal as a prime contractor. Submitting multiple proposals in different forms may result in the disqualification of all Proposers knowingly involved. https://www.tntech.edu/purchasing/bidopportunities.php 4.3.8 Tennessee Tech shall reject a proposal if the Cost Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Proposer. Regardless of the time of detection, Tennessee Tech shall consider any of the foregoing prohibited actions to be grounds for proposal rejection or contract termination. 4.3.9 Tennessee Tech shall not contract with or consider a proposal from: 4.3.9.1 an individual who is, or within the past six months has been, a state employee. An individual shall be deemed a state employee until such time as all compensation and terminal leave has been paid. Contracts with a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with the individual. 4.3.9.2 a company, corporation, or any other contracting entity in which an ownership of two percent (2%) or more is held by an individual who is, or within the past six months has been, an employee or official of the State of Tennessee (this shall not apply either to financial interests that have been placed into a “blind trust” arrangement pursuant to which the employee does not have knowledge of the retention or disposition of such interests or to the ownership of publicly traded stocks or bonds where such ownership constitutes less than 2% of the total outstanding amount of the stocks or bonds of the issuing entity); 4.3.9.3 a company, corporation, or any other contracting entity which employs an individual who is, or within the past six months has been, an employee or official of the State of Tennessee in a position that would allow the direct or indirect use or disclosure of information, which was obtained through or in connection with his or her employment and not made available to the general public, for the purpose of furthering the private interest or personal profit of any person; or, 4.3.9.4 any individual, company, or other entity involved in assisting Tennessee Tech in the development, formulation, or drafting of this RFP or its scope of services shall be considered to have been given information that would afford an unfair advantage over other Proposers, and such individual, company, or other entity may not submit a proposal in response to this RFP. 4.3.10 Tennessee Tech reserves the right, at its sole discretion, to waive a proposal’s variances from full compliance with this RFP. If Tennessee Tech waives minor variances in a proposal, such waiver shall not modify the RFP requirements or excuse the Proposer from full compliance with the RFP. 4.4 Incorrect Proposal Information If Tennessee Tech determines that a Proposer has provided, for consideration in this RFP process or subsequent contract negotiations, incorrect information that the Proposer knew or should have known was materially incorrect, that proposal shall be determined non-responsive and shall be rejected. 4.5 Proposal of Additional Services If a proposal offers services in addition to those required by and described in this RFP, the additional services may be added to the Contract before contract signing at the sole discretion of Tennessee Tech. Costs associated with additional services must be provided on a separate attachment in the cost proposal. Please note that proposed additional services will not be used in evaluating the proposal. 4.6 Assignment and Subcontracting 4.6.1 The Proposer awarded a contract pursuant to this RFP may not subcontract, transfer, or assign any portion of the Contract without Tennessee Tech’s prior, written approval. 4.6.2 A subcontractor may only be substituted for a proposed subcontractor at the discretion of Tennessee Tech and with the University’s prior, written approval. 4.6.3 At its sole discretion, Tennessee Tech reserves the right to refuse approval of any subcontract, transfer, or assignment. 4.6.4 Notwithstanding Tennessee Tech approval of each subcontractor, the Proposer, if awarded a contract pursuant to this RFP, shall be the prime contractor and shall be responsible for all work performed. 4.7 Right to Refuse Personnel At its sole discretion, Tennessee Tech reserves the right to refuse any personnel, of the prime contractor or a subcontractor, for use in the performance of a contract pursuant to this RFP. 4.8 Insurance Successful Proposer will be required to carry adequate public liability and other appropriate forms of insurance, to pay all taxes incurred in performance of the contract, and otherwise protect and hold Tennessee Tech harmless from any and all liability arising as a result of this contract which does not result from the University’s own negligence. 4.9 Sales and Use Tax Before the Contract resulting from this RFP is signed, the apparent successful Proposer must be registered with, or exempted by, the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. The State shall not award a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. For purposes of this registration requirement, the Department of Revenue may be contacted at: TN.Revenue@tn.gov. 4.10 Financial Stability The successful Proposer may be required to provide information to demonstrate financial stability and capability prior to award of contract. 4.11 Proposal Withdrawal A Proposer may withdraw a submitted proposal at any time up to the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. To do so, a Proposer must submit a written request, signed by a Proposer’s authorized representative to withdraw a proposal. After withdrawing a previously submitted proposal, a Proposer may submit another proposal at any time up to the Proposal Deadline. 4.12 Proposal Errors and Amendments At the option of Tennessee Tech, a Proposer may be bound by all proposal errors or omissions. A Proposer will not be allowed to alter or amend proposal documents after the Proposal Deadline time and date in the RFP Section 2, Schedule of Events unless formally requested, in writing, by Tennessee Tech. 4.13 Proposal Preparation Costs Tennessee Tech will not pay any costs associated with the preparation, submittal, or presentation of any proposal. 4.14 Continued Validity of Proposals All Proposals shall state that the offer contained therein is valid for a minimum of one hundred twenty (120) days from the date of opening. This assures that Proposers’ offers are valid for a period of time sufficient for thorough consideration. Proposals which do not so state will be presumed valid for one hundred twenty (120) days. mailto:TN.Revenue@tn.gov 4.15 Disclosure of Proposal Contents Each proposal and all materials submitted to Tennessee Tech in response to this RFP shall become the property of the University. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, indicated by public release of a Letter of Intent to Award, the proposals and associated materials shall be open for review by the public in accordance with Tennessee Code Annotated, Section 10-7-504(a)(7). By submitting a proposal, the Proposer acknowledges and accepts that the full proposal contents and associated documents shall become open to public inspection. Any Proposal submitted under the condition that its contents remain confidential may be considered non-responsive and rejected. If an RFP is re-advertised, all prior offers and/or proposals shall remain closed to inspection by the Proposers and/or public until evaluation of the responses to the re-advertisement is complete. 4.16 Contractor Registration All Proposers should complete the vendor registration process with Tennessee Tech and become a registered vendor. When applicable, Tennessee Tech shall work with Proposers and the Governor’s Office of Diversity Business Enterprise (Go-DBE) for Proposers to obtain official state certification. Although registration with Tennessee Tech is not required to make a proposal, a resulting contract from this RFP process cannot be finalized without the successful proposer being registered with Tennessee Tech. Refer to the following Internet URL to begin the registration process: https://www.tbr.edu/purchasing/how-do-business-tbr 4.17 Contract Approval The RFP and the contractor selection processes do not obligate Tennessee Tech and do not create rights, interests, or claims of entitlement by either the Proposer with the apparent best-evaluated proposal or any other Proposer. Contract award and Tennessee Tech obligations pursuant thereto shall commence only after the contract is signed by the Contractor and all other University/State officials as required by state laws and regulations. 4.19 Contract Term Tennessee Tech intends to enter into a contract with an expected effective period beginning on approximately April 1, 2023, and ending five (5) years thereafter. 4.20 Contract Payments All contract payments shall be made in accordance with the Contract’s Payment Terms and Conditions provisions (refer to RFP Attachment 6.2, Pro Forma Contract, Section C). All Tennessee Tech payments are made in accordance with the Tennessee Prompt Pay Act. 4.21 Contract Monitoring The Contractor’s deliverables and services provided pursuant to this Contract shall be subject to monitoring and evaluation by Tennessee Tech, by a duly appointed representative(s). The Contractor shall submit brief, periodic, progress reports to Tennessee Tech if and as requested. 4.22 Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the decision shall not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of Tennessee Tech and Proposers shall be construed and enforced as if the RFP did not contain the particular provision held to be invalid. https://www.tbr.edu/purchasing/how-do-business-tbr 4.23 Policy and Guideline Compliance This proposal request and any award made hereunder are subject to the policies and guidelines of Tennessee Tech, located at https://www.tntech.edu/policies/ 4.24 Protest Procedures A copy of Tennessee Tech’s bid protest procedures is available upon request. Contact the RFP coordinator for this information. 4.25 Iran Divestment Act By submission of this Proposal, Proposer and each person signing on behalf of Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each Proposer is not on the list created pursuant to Tennessee Code Annotated § 12-12-106. For reference purposes, the list is current available online at http://www.tn.gov/generalservices/article/Public-Information-library 5 PROPOSAL EVALUATION & CONTRACT AWARD 5.1 Evaluation Categories and Maximum Points Tennessee Tech will consider qualifications and experience, technical approach, and cost in the evaluation of proposals. The maximum points that shall be awarded for each of these categories are detailed below. CATEGORY MAXIMUM POINTS POSSIBLE Qualifications and Experience 30 Technical Approach 40 Cost Proposal 30 5.2 Evaluation Process The proposal evaluation process is designed to award the Contract not necessarily to the Proposer of least cost, but rather to the Proposer with the best combination of attributes based upon the evaluation criteria. 5.2.1 The RFP Coordinator will use the RFP Attachment 6.5, Technical Proposal and Evaluation Guide to manage the Technical Proposal Evaluation and maintain evaluation records. 5.2.1.1 The RFP Coordinator will review each Technical Proposal to determine compliance with mandatory requirements (refer to RFP Attachment 6.5, Technical Proposal and Evaluation Guide, Technical Proposal Section A). If the RFP Coordinator determines that a proposal may have failed to meet one or more of the mandatory requirements, the Chief Procurement Officer will review the proposal and document his/her determination of whether: (1) the proposal meets requirements for further evaluation; (2) Tennessee Tech will request clarifications; or (3) Tennessee Tech will determine the proposal to be non-responsive to the RFP and reject it. A determination that a proposal is non-responsive must be approved by the Chief Business Officer before notice may be sent out that the proposal has been rejected. 5.2.1.2 A Proposal Evaluation Team, appropriate to the scope and nature of the RFP, will evaluate each Technical Proposal that appears responsive to the RFP. https://www.tntech.edu/policies/ http://www.tn.gov/generalservices/article/Public-Information-library 5.2.1.3 Each Proposal Evaluation Team member will independently, evaluate each proposal against the evaluation criteria in this RFP, rather than against other proposals, and will score each in accordance with the RFP Attachment 6.5, Technical Proposal and Evaluation Guide. 5.2.1.4 During the Technical Proposal evaluation, Tennessee Tech may identify approximately 3-5 finalists, who will continue through the remaining phases of the process. Cost Proposals from Proposers not considered finalists will not be opened or considered for award. 5.2.1.5 Tennessee Tech reserves the right, at its sole discretion, to request Proposer clarification of a Technical Proposal or to conduct clarification discussions with any or all Proposers. Any such clarification or discussion shall be limited to specific sections of the proposal identified by Tennessee Tech. The subject Proposer shall put any resulting clarification in writing as may be required by Tennessee Tech. 5.2.2 Finalist On-Site Visits During the Technical Proposal evaluation process, Tennessee Tech may ask each finalist to allow the evaluation committee to make an on-site visit of their property(ies). Results of the on-site visits will contribute to the final Technical Proposal score. 5.2.3 Cost Proposal Evaluation After Technical Proposal evaluations are completed, the RFP Coordinator will open the Cost Proposals and use the RFP Attachment 6.6, Cost Proposal and Scoring Guide to calculate and document the Cost Proposal scores. 5.2.4 Total Proposal Score For each responsive proposal, the RFP Coordinator will add the Technical Proposal score to the Cost Proposal score (refer to RFP Attachment 6.7, Proposal Score Summary Matrix). 5.3 Contract Award Process 5.3.1 The RFP Coordinator will forward the results of the proposal evaluation process to the appropriate Tennessee Tech official who will consider the proposal evaluation process results and all pertinent information available to make a determination about the contract award. Tennessee Tech reserves the right to make an award without further discussion of any proposal. 5.3.2 After the appropriate official’s determination, Tennessee Tech will issue an Intent to Award to identify the apparent best-evaluated proposal(s) as in the RFP Section 2, Schedule of Events. NOTICE: The Intent to Award shall not create rights, interests, or claims of entitlement in either the Proposer with apparent best-evaluated proposal or any other Proposer. 5.3.3 Tennessee Tech will also make the RFP files available for public inspection as in the RFP Section 2, Schedule of Events. 5.3.4 The Proposer(s) with the apparent best-evaluated proposal must agree to and sign a contract with Tennessee Tech which shall be substantially the same as the RFP Attachment 6.2, Pro Forma Contract. However, Tennessee Tech reserves the right, at its sole discretion, to add terms and conditions or to revise Pro Forma Contract requirements in the University’s best interests subsequent to this RFP process. No such terms and conditions or revision of contract requirements shall materially affect the basis of proposal evaluations or negatively impact the competitive nature of the RFP process. ATTACHMENT 6.1 CONTRACTOR REQUIREMENTS FORM In order to comply with statutory requirements and/or regulations, Tennessee Tech requires contractors to provide following information prior to the issuance of the contract. Please complete all information and sign as directed. I. Ownership Information 1. Contractor Legal Entity Name (Name used for tax filing purposes): ________________________________________________ 2. Is Contractor a permanent resident or citizen of the US? Yes No (If no, state country of citizenship): (Note: Contractors who are individuals and are not US citizens must complete a Foreign National Data Form prior to execution of contract.) 3. Kind of Ownership (Check all that apply):: Government (GO) Non-Profit (NO) Majority (MJ) Minority (MO)* Woman (WO)* Small (SB)* State of TN Agency Service-Disabled Veteran (SV)* Certified Disabled (DB)* *See reverse side of form for clarification of these categories. 4. Minority / Ethnicity Code (Check one): African American (MA) Native American (MN) Hispanic American (MH) Asian American (MS) 5. Preference for reporting purposes: (Note: If Contractor qualifies in multiple categories as small, woman-owned and/or minority, Contractor is to specify in which category he/she is to be considered for reporting and classification purposes.) Check one only Small Minority-Owned Woman-Owned Service-Disabled Veteran Certified Disabled 6. Certification: I certify that all of the information as completed above is accurate and true. (Signature required below.) Signed: ______________________________________________________________ Date: __________________________ Name (Printed): ____________________________________Title: ________________________________________________ II. Sales and Use Tax. As a contractual requirement under Tennessee law, vendors who contract with the state of Tennessee must be registered to collect sales tax if they make sales that are subject to the Tennessee sales and use tax. If you are already registered to collect Tennessee sales and use tax, please provide your registration number: _________________________________ (Note: This number is NOT your federal ID number.) If you are not registered, please go to Tennessee Taxpayer Access Point (TNTAP) and under the header “Look Up Information & Requests”, select TN Vendor Contract Registration. This will open a survey designed to evaluate whether you must register for sales and use tax. Based on your responses, you will be directed to either register or will be provided with a letter of exemption from sales tax collection. Please provide a copy of the exemption letter or evidence of registration to Tennessee Tech to satisfy this contractual requirement. https://tntap.tn.gov/eservices/_/ https://tntap.tn.gov/eservices/_/ Minority Owned (MO) means a business that is a continuing, independent, for profit business which performs a commercially useful function and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority individuals who are impeded from normal entry into the economic mainstream because of past practices of discrimination based on race or ethnic background. “Minority” means a person who is a citizen or lawful permanent resident of the United States and who is: a) African American (a person having origins in any of the black racial groups of Africa); b) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or d) Native American (a person having origins in any of the original peoples of North America). Woman-Owned (WO) means a business that is a continuing, independent, for profit business which performs a commercially useful function and is at least fifty-one percent (51%) owned and controlled by one (1) or more women; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more women and whose management and daily business operations are under the control of one (1) or more women. Small Business (SB) means a business that is independently owned and operated for profit, is not dominant in its field of operation and is not an affiliate or subsidiary of a business dominant in its field of operation. The Governor’s Office of Diversity Business Enterprise establishes small business guidelines on industry size standards. The criteria guidelines are required to be met in order for a business to be considered small. The annual receipts or number of employees indicates the maximum allowed for a small business concern and its affiliates to be considered small. TYPE OF BUSINESS ANNUAL GROSS SALES NO. OF EMPLOYEES Agriculture, Forestry, Fishing $500,000 9 Architectural / Design / Engineering $2,000,000 30 Construction $2,000,000 30 Educational $1,000,000 9 Finance, Insurance & Real Estate $1,000,000 9 Information Systems / Technology $2,000,000 30 Manufacturing $2,000,000 99 Marketing / Communications / Public Relations $2,000,000 30 Medical / Healthcare $2,000,000 30 Mining $1,000,000 49 Retail Trade $750,000 9 Service Industry $500,000 9 Transportation, Commerce & Utilities $1,000,000 9 Wholesale Trade $1,000,000 19 Service-Disabled Veteran Business Enterprise (SDVBE) means any person who served honorably on active duty in the Armed Forces of the United States with at least a twenty percent (20%) disability that is service-connected, meaning that such disability was incurred or aggravated in the line of duty in the active military, naval or air service. “Tennessee Service disabled Veteran Owned Business” means a service-disabled veteran owned business that is a continuing, independent, for-profit business located in the state of Tennessee that performs a commercially useful function, and that: a) Is at least fifty-one percent (51%) owned and controlled by one (1) or more service-disabled owned veterans; b) In the case of a business solely owned by one (1) service-disabled veteran and such person’s spouse, is at least fifty percent (50%) owned and controlled by the service-disabled veteran; or c) In the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more service-disabled veterans and whose management and daily business operations are under the control of one (1) or more service-disabled veterans. Certified Disabled-Owned (DB) means a business owned by a “person with a disability” that is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more persons with a disability; or, in the case of any publicly-owned business, at least fifty one percent (51%) of the stock of which is owned and controlled by one (1) or more persons with a disability and whose management and daily business operations are under the control of one (1) or more persons with a disability. "Person with a disability" means an individual who meets at least one (1) of the following: a) Has been diagnosed as having a physical or mental disability resulting in marked and severe functional limitations that is expected to last no less than twelve (12) months; b) Is eligible to receive social security disability insurance (SSDI); or c) Is eligible to receive supplemental security income (SSI) and has a disability as defined in subdivision a). ATTACHMENT 6.2 PRO FORMA CONTRACT The Pro Forma Contract set forth in this Attachment contains some “blanks”, signified in brackets by words in all capital letters, describing material to be added, along with appropriate additional information, in the final contract resulting from this RFP. CONTRACT BETWEEN TENNESSEE TECHNOLOGICAL UNIVERSITY AND [CONTRACTOR NAME] This Contract, by and between Tennessee Technological University, hereinafter referred to as “Tennessee Tech” and [CONTRACTOR LEGAL ENTITY NAME], hereinafter referred to as the “Contractor,” is for off-campus apartment accommodations, as further defined in the "SCOPE OF SERVICES." The Contractor is [AN INDIVIDUAL / A FOR-PROFIT CORPORATION / A NONPROFIT CORPORATION / A SPECIAL PURPOSE CORPORATION OR ASSOCIATION / A FRATERNAL OR PATRIOTIC ORGANIZATION / A PARTNERSHIP / A JOINT VENTURE / A LIMITED LIABILITY COMPANY]. The Contractor’s address is: [ADDRESS] A. SCOPE OF SERVICES: A.1. Contractor shall provide off-campus apartment accommodations to Tennessee Tech students as needed by the university’s Residential Life department. B. CONTRACT TERM: Contract Term. This Contract shall be effective for the period commencing on [DATE] and ending on [DATE].. Tennessee Tech shall have no obligation for services rendered by the Contractor which are not performed within the specified period. Contract may thereafter be extended for additional periods, with mutual consent of the parties, for a total contract term not to exceed sixty (60) months. C. PAYMENT TERMS AND CONDITIONS: C.1. Maximum Liability. In no event shall the maximum liability of the University under this Contract exceed [AMOUNT] dollars ([$]). The Service Rates in Section C.3 include, but are not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred or to be incurred by the Contractor. Payment of these fees is not guaranteed by Tennessee Tech; any applicable fees shall be paid by individual renters as per the agreement between Contractor and renter. C.2. Compensation Firm. The Service Rates and the Maximum Liability of Tennessee Tech under this Contract are firm for the duration of the Contract and are not subject to escalation for any reason unless this Contract is amended. C.3. Monthly Fees. [RENTAL ITEM] [MONTHLY FEE] D. CONTRACTOR RESPONSIBILITIES: See Attachment 6.4 for details. E. TERMS AND CONDITIONS: E.1. Required Approvals. Tennessee Tech is not bound by this Contract until it is approved by the appropriate officials in accordance with applicable Tennessee laws and regulations as shown on the signature page of this Contract. E.2. Modification and Amendment. This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials. E.3. Contractor Requirements. This Contract shall not be executed until the Contractor has completed the Contractor Requirements Form. E.4. Termination for Convenience. Tennessee Tech may terminate this Contract without cause for any reason. Termination under this Section E. 4 shall not be deemed a Breach of Contract by Tennessee Tech. Tennessee Tech shall give the Contractor at least thirty (30) days written notice before the effective termination date. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount. E.5. Termination for Cause. If the Contractor fails to perform its obligations under this Contract in a timely or proper manner, or if the Contractor violates any term of this Contract, Tennessee Tech shall have the right to immediately terminate the Contract; provided, however, Tennessee Tech shall have the option to give Contractor written notice and a specified period of time in which to cure. Notwithstanding the above, the Contractor shall not be relieved of liability to Tennessee Tech for damages sustained by virtue of any breach of this Contract by the Contractor. E.6. Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of Tennessee Tech. If such subcontracts are approved by Tennessee Tech, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of Interest" and "Nondiscrimination". Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work performed. E.7. Conflicts of Interest. The Contractor warrants that no part of the total Contract amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Contractor in connection with any work contemplated or performed relative to this Contract. E.8. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of disability, age, race, color, religion, sex, veteran status, national origin, or any other classification protected by Federal, or State constitutional or statutory law. The Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. E.9. Records. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by Tennessee Tech, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles. E.10. Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by Tennessee Tech, the Comptroller of the Treasury, or their duly appointed representatives. E.11. Strict Performance. Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto. E.12. Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that the parties are independent contracting entities and that nothing in this Contract shall be construed to create an employer/employee relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. The Contractor, being an independent contractor and not an employee of Tennessee Tech, agrees to carry adequate public liability and other appropriate forms of insurance on the Contractor’s employees, and to pay all applicable taxes incident to this Contract. E.13. University Liability. Tennessee Tech shall have no liability except as specifically provided in this Contract. E.14. Force Majeure. The obligations of the parties to this Contract are subject to prevention by causes beyond the parties’ control that could not be avoided by the exercise of due care including, but not limited to, acts of God, riots, wars, epidemics or any other similar cause. E.15. State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and regulations, including Tennessee Tech policies and guidelines in the performance of this Contract. E.16. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the Tennessee Claims Commission in actions that may arise under this Contract. The Contractor acknowledges and agrees that any rights or claims against Tennessee Tech or its employees hereunder, and any remedies arising therefrom, shall be subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407. E.17. Severability. If any terms or conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Contract are declared severable. E.18. Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract. F. SPECIAL TERMS AND CONDITIONS: F.1. Communications and Contacts. Tennessee Tech (contractual matters): Donna Wallis Director, Purchasing and Contracts Tennessee Technological University Box 5144 1 William L. Jones Drive, Suite 301 Cookeville, TN 38505 Phone Number: (931) 372-3492 Fax Number: (931) 372-3727 Email: dwallis@tntech.edu Tennessee Tech (operational matters): Benjamin Stubbs mailto:dwallis@tntech.edu Assistant Vice President, Student Engagement Tennessee Technological University Box 5156 1000 N. Dixie Avenue, Room 214 Cookeville, TN 38505 Phone Number: (931) 372-3924 Email: bstubbs@tntech.edu The Contractor: [NAME AND TITLE OF CONTRACTOR CONTACT PERSON] [CONTRACTOR NAME] [ADDRESS] [TELEPHONE NUMBER] [FACSIMILE NUMBER] All instructions, notices, consents, demands, or other communications shall be sent in a manner that verifies proof of delivery. Any communication by facsimile transmission shall also be sent by United States mail on the same date as the facsimile transmission. All communications which relate to any changes to the Contract shall not be considered effective until agreed to, in writing, by both parties. F.2. Subject to Funds Availability. This Contract is subject to the appropriation and availability of state and/or federal funds. Pursuant to T.C.A. § 12-3-305(c)(2), Tennessee Tech may, upon written notice to Contractor, terminate the Contract at the end of any fiscal year in the event that funds are not appropriated or are otherwise unavailable for the Contract’s continuance. F.3. Breach. A party shall be deemed to have breached the Contract if any of the following occurs (However, this list is not exclusive.): — failure to perform in accordance with any term or provision of the Contract; — partial performance of any term or provision of the Contract; — any act prohibited or restricted by the Contract, or — violation of any warranty. For purposes of this Contract, these items shall hereinafter be referred to as a “Breach.” F.4. Contract Documents. Included in this Contract by reference are the following documents: a. This Contract document and its attachments; b. The Request for Proposal and its associated amendments; c. The Contractor’s Proposal dated ________ In the event of a discrepancy or ambiguity regarding the interpretation of this Contract, these documents shall govern in order of precedence as listed above. F.5. Prohibited Advertising. (Reserved.) F.6. Hold Harmless. The Contractor agrees to indemnify and hold harmless Tennessee Tech as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys for Tennessee Tech in the event such service is necessitated to enforce the terms of this Contract or otherwise enforce the obligations of the Contractor to the University. In the event of any such suit or claim, the Contractor shall give Tennessee Tech immediate notice thereof and shall provide all assistance required by the University in the University’s defense. Tennessee Tech shall give the Contractor written notice of any such claim or suit, and the Contractor shall have full right mailto:bstubbs@tntech.edu and obligation to conduct the Contractor’s own defense thereof. Nothing contained herein shall be deemed to accord to the Contractor, through its attorney(s), the right to represent Tennessee Tech in any legal matter, such rights being governed by Tennessee Code Annotated, Section 8-6-106. F.7. Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or state department or agency; b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or grant under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses listed in section b. of this certification; and d. have not within a three (3) year period preceding this Contract had one or more public transactions (Federal, State, or Local) terminated for cause or default. F.8. Prohibition on Hiring Illegal Immigrants. Tennessee Public Chapter No. 878 of 2006, TCA 12-4-124, requires that Contactor attest in writing that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract and will not knowingly utilize the services of any subcontractor, if permitted under this Contract, who will utilize the services of illegal immigrants in the performance of this Contract. Signature on this Contract shall constitute such written Attestation. F.9. Sales and Use Tax. The Contractor shall be registered or have received an exemption from the Department of Revenue for the collection of Tennessee sales and use tax. This registration requirement is a material requirement of this Contract. F.10. Contractor Commitment to Diversity. The Contractor shall assist Tennessee Tech in monitoring the Contractor’s performance of this commitment by providing, if requested, a report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, and Tennessee service-disabled veterans. F.11. This Contract may be executed in two or more counterparts and may be electronically signed and/or transmitted, subject to the limitations of state or federal law and/or Tennessee Tech policies. Each counterpart, regardless of transmission method, shall be deemed an original and all of which shall constitute one Contract. F.12. Iran Divestment Act. Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 12-12- 101 et seq.) list of entities or persons ineligible to contract with the State of Tennessee. F.13. Click-Wrap Agreements. The Contractor agrees that click-wrap agreements shall not be binding upon Tennessee Tech. No employee has the actual or apparent authority to enter into click-wrap agreements on behalf of Tennessee Tech unless such employee has been granted signature authority. No employee has the authority to modify, amend, or supplement this Agreement through a click-wrap agreement. This Agreement can only be modified, amended, or supplemented under these terms through a written amendment in accordance with Tennessee Tech’s procedures, policies, and guidelines. F.14 Boycott of Israel. Contractor certifies that it is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel as defined by T.C.A. §12-4-119. IN WITNESS WHEREOF: [CONTRACTOR LEGAL ENTITY NAME]: [NAME AND TITLE] Date TENNESSEE TECHNOLOGICAL UNIVERSITY: Dr. Claire Stinson Vice President for Planning and Finance Date ATTACHMENT 6.3 PROPOSAL TRANSMITTAL AND STATEMENT OF CERTIFICATIONS AND ASSURANCES The Proposer must complete and sign this Technical Proposal Transmittal. It must be signed, in the space below, by an individual empowered to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the individual is not the Proposer’s chief executive, attach evidence showing the individual’s authority to bind the proposing entity. PROPOSER LEGAL ENTITY NAME: The Proposer does hereby affirm and expressly declare confirmation, certification, and assurance of the following: 1) This proposal constitutes a commitment to provide all services as defined in the RFP Attachment 6.2, Pro Forma Contract, and Attachment 6.4, Minimum Requirements, for the total contract period and confirmation that the Proposer shall comply with all of the provisions in this RFP and shall accept all terms and conditions set out in the RFP Attachment 6.2, Pro Forma Contract. A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions, Tennessee Tech may determine, at its sole discretion, the proposal to be a non- responsive counteroffer, and the proposal may be rejected. 2) The information detailed in the proposal submitted herewith in response to the RFP is accurate. 3) The proposal submitted herewith in response to the RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP. 4) The Proposers shall comply with: a) the laws of the State of Tennessee; b) Title VI of the federal Civil Rights Act of 1964; c) Title IX of the federal Education Amendments Act of 1972; d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; e) the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government; f) the condition that the submitted proposal was independently arrived at, without collusion, under penalty of perjury; and, g) the condition that no amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the Procurement under this RFP. 5) The Proposer shall comply with all of the provisions in the subject RFP and shall accept all terms and conditions set out in the RFP Attachment 6.2, Pro Forma Contract. 6) The Proposer ____ does ____ does not agree to extend the pricing and terms of this proposal to other state/UT/TBR Institutions. SIGNATURE & DATE: Booking Agency Services ATTACHMENT 6.4 MINIMUM REQUIREMENTS Tennessee Tech is searching for one or more qualified companies that can provide apartment accommodations to University students who are not able to be assigned to on-campus housing. Tennessee Tech intends to assign students to live in one or more of the off-campus apartment housing companies/properties that are selected through this RFP process. Tennessee Tech will manage the application and assignment process, execute rental agreements, and collect fees. Tennessee Tech also intends to assign one or more employees to live in the properties to serve as a resource for students assigned to the property and offer developmental programs. The successful Proposer(s) will be responsible for maintenance and other services as per the agreement resulting from this RFP process. Although certain features and amenities are preferred, apartments made available to Tech students must meet the following standards at a minimum: • Must offer private apartment-style residential accommodations • Accommodations must be located in Putnam County, TN • Must provide a safe and clean environment • Must include an efficient and effective heating and cooling system • Must have reliable high-speed internet available in all units • Must provide access to apartment/leasing office staff, including after hours • All units must be fully furnished • Property must be willing to lease apartments by semester and/or academic year (August through December, January through May, and/or August through May) • Must not require background checks for students • All utilities must be included in the rent amount • Must provide options for mailboxes/package delivery and pick-up **Proposer must initial here to confirm that the above requirements have been read and understood, and that Proposer’s response addresses all requirements and meets the above specifications: ____________ Booking Agency Services ATTACHMENT 6.5 TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION A SECTION A — MANDATORY REQUIREMENTS TECHNICAL PROPOSAL & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Proposer must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Proposer must also detail the proposal page number for each item in the appropriate space below. The RFP Coordinator will review the proposal to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Chief Procurement Officer must review the proposal and attach a written determination. A determination that a proposal is non-responsive must be approved by the Chief Business Officer before notice may be sent out that the proposal has been rejected. In addition to the Mandatory Requirement Items, the RFP Coordinator will review each proposal for compliance with all RFP requirements. PROPOSER LEGAL ENTITY NAME: Proposal Page # (Proposer completes) Item Ref. Section A— Mandatory Requirement Items Pass/Fail The Proposal must be delivered to the University no later than the Proposal Deadline specified in the RFP Section 2, Schedule of Events. The Technical Proposal and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq.). The Technical Proposal must NOT contain cost or pricing information of any type. The Technical Proposal must NOT contain any restrictions of the rights of the State/University or other qualification of the proposal. A Proposer must NOT submit alternate proposals. A Proposer must NOT submit multiple proposals in different forms (as a prime and a sub-contractor). A.1. Provide the Proposal Transmittal and Statement of Certifications and Assurances (RFP Attachment 6.3.) completed and signed by an individual empowered to bind the Proposer to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification. A.2. Provide a statement, based upon reasonable inquiry, of whether the Proposer or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee or University) and, if so, the nature of that conflict. NOTE: Any questions of conflict of interest shall be solely within the discretion of the University, and the University reserves the right to cancel any award. A.3. Provide EITHER: (a) a current bank reference indicating that the Proposer’s business relationship with the financial institution is in positive standing. Such Booking Agency Services PROPOSER LEGAL ENTITY NAME: Proposal Page # (Proposer completes) Item Ref. Section A— Mandatory Requirement Items Pass/Fail reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months; OR (b) two current positive credit references from vendors with which the Proposer has done business written in the form of standard business letters, signed, and dated within the past three (3) months. A.4. Provide a Contractor Requirements Form (Attachment 6.1). A.5. Provide a copy of a current certificate of liability insurance. If Proposer’s current limits/coverages do not meet the requirements of Section 4.8 above, prior to contract award, the successful Proposer will be required to submit a valid, current certificate of insurance that meets the requirements of Section 4.8. A.6. Provide Minimum Requirements (Attachment 6.4), initialed to indicate acceptance. TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION B PROPOSER NAME: SECTION B — QUALIFICATIONS & EXPERIENCE The Proposer must address ALL Qualifications and Experience section items and provide, in sequence, the information and documentation as required (referenced with the associated item references). A Proposal Evaluation Team, made up of three or more University employees, will independently evaluate and score the proposal’s “qualifications and experience” responses. Proposal Page # (to be completed by Proposer) Qualifications & Experience Items B.1 Describe the Proposer’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and detail the name, mailing address, and telephone number of the person Tennessee Tech should contact regarding the proposal. B.2 Provide a Statement of whether there have been any mergers, acquisitions, or sales of the Proposer company within the last ten years, and if so, an explanation providing relevant details. B.3 Provide a Statement of whether the Proposer or any of the Proposer’s employees, agents, independent contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any felony, and if so, an explanation providing relevant details. B.4 Provide a Statement of whether there is any pending litigation against the Proposer; and if such litigation exists, an attached opinion of counsel as to whether the pending litigation will impair the Proposer’s performance in a contract under this RFP. B.5 Provide a Statement of whether, in the last ten years, the Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details. B.6 Provide a brief, descriptive Statement indicating the Proposer’s credentials to deliver the services sought under this RFP. B.7 Indicate how long the Proposer has been performing the services required by this RFP and include the number of years in business. B.8 Indicate the Proposer organization’s number of employees, client base, and location of offices. Booking Agency Services B.9 Provide documentation of the Proposer’s commitment to diversity as represented by its business strategy, business relationships, and workforce— this documentation should detail all of the following: (a) a description of the Proposer’s existing programs and procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises; (b) a listing of the Proposer’s current contracts with business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises, including the following information: (i) contract description and total value (ii) contractor name and ownership characteristics (i.e., ethnicity, sex, disability) (iii) contractor contact and telephone number; (c) an estimate of the level of participation by business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises in a contract awarded to the Proposer pursuant to this RFP, including the following information: (i) participation estimate (expressed as a percent of the total contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics — PERCENTAGES ONLY — DO NOT INCLUDE DOLLAR AMOUNTS) (ii) descriptions of anticipated contracts (iii) names and ownership characteristics (i.e., ethnicity, sex, disability) of anticipated subcontractors and supply contractors anticipated; and (d) the percent of the Proposer’s total current employees by ethnicity, sex, and handicap or disability. (Maximum Section B Score = 30) SCORE (for all Section B items above, B.1 through B.9): TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION C PROPOSER NAME: SECTION C — TECHNICAL APPROACH The Proposer must address ALL Technical Approach section items and provide, in sequence, the information and documentation as required (with the associated item references). A Proposal Evaluation Team, made up of three or more Tennessee Tech employees, will independently evaluate and score the proposal’s response to each item. Each evaluator will use the following raw point scale for scoring each item (Note: Scores may be extended to numbers in between the whole numbers below, i.e. 1.5, 2.75, etc.): 0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent Proposal Page # (to be completed by Proposer) Technical Approach Items University Use ONLY Possible Points Score Points Awarded C.1 Describe what options your property offers in terms of one-, two-, and/or four-bedroom layouts. Describe how many bathrooms are included in each layout. Describe any kitchens/ kitchenettes and any in-room common spaces suitable for studying. If you are proposing more than one property, please provide information on each one. Maximum Points = 2 C.2 Will you provide both 4-month and 9-month rental options, depending on Tennessee Tech’s needs? Please describe your rental term options. Maximum Points = 5 C.3 What percentage of your rented units are historically occupied by Tennessee Tech students? Maximum Points = 3 C.4 Do you facilitate any events or programs on-site, such as cookouts or game nights? Does your property have common spaces for socializing and recreation? Does your property include a pool and/or a fitness center? Maximum Points = 5 C.5 Are dedicated parking spaces assigned to renters? Is parking sufficient for all renters? Is there a suitable pull- through and pick-up/drop-off location for a shuttle? Maximum Points = 3 C.6 What is the distance from your property(ies) to 803 Stadium Drive, Cookeville? What is the distance from your property(ies) to the nearest convenience store? Maximum Points = 5 C.7 Please describe the laundry facilities available to renters. Maximum Points = 3 C.8 Describe the availability of on-site maintenance personnel and/or any on-site security personnel. How are after-hours emergencies handled? Maximum Points = 3 C.9 Describe the type and frequency of your pest control program. Maximum Points = 3 C.10 What is your policy regarding pets and service animals? Maximum Points = 3 C.11 Do you have a security gate? Is there building-level access control (or individual apartment access control only)? Maximum Points = 3 C.12 Do you have a resident portal for online payments, work orders, community updates/announcements, etc.? Maximum Points = 2 Maximum Score for Section 6.5C = 40 Total Raw Weighted Score: (sum of Raw Weighted Scores above) ATTACHMENT 6.6 COST PROPOSAL & SCORING GUIDE NOTICE TO PROPOSER: This Cost Proposal MUST be completed EXACTLY as shown. PROPOSER NAME: SIGNATURE & DATE: NOTE: The signatory must be an individual or a company officer empowered to contractually bind the Proposer. If the Signatory is not the Proposer company president, evidence SHALL be attached showing the Signatory’s authority to bind the Proposer. COST PROPOSAL SCHEDULE The proposed cost, detailed below, shall indicate the proposed price for providing the entire scope of service including all services as defined in the RFP Attachment 6.2. Pro Forma Contract, Scope of Services for the total contract period. The proposed cost and the submitted technical proposal associated with this cost shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any resulting contract between the Proposer and the University. All monetary amounts are United States currency. See additional notes on next page. Cost Item Description* Proposed Cost University Use ONLY Year 1 Year 2 Year 3 Year 4 Year 5 Sum One-bedroom Apartment, monthly rate (7.5 points max.) Two-bedroom Apartment, monthly rate (7.5 points max.) Three-bedroom Apartment, monthly rate (7.5 points max.) Four-bedroom Apartment, monthly rate (7.5 points max.) The RFP Coordinator shall use the evaluation cost amount derived from the proposed cost amounts above and the following formula to calculate the COST PROPOSAL SCORE. Calculations shall result in numbers rounded to two decimal places. Evaluation Cost Amount: (sum of all weighted cost amounts above) Lowest Evaluation Cost Amount from all Proposals X 30 (max. section score) = SCORE: Evaluation Cost Amount Being Evaluated *If any of the options listed are not available from Proposer, the highest rate provided from all other Proposers for that option will be considered for evaluation and comparison purposes only. ATTACHMENT 6.7 PROPOSAL SCORE SUMMARY MATRIX RFP Coordinator Date QUALIFICATIONS & EXPERIENCE Maximum Points: 30 PROPOSER NAME PROPOSER NAME PROPOSER NAME EVALUATOR 1 EVALUATOR 2 EVALUATOR 3 EVALUATOR 4 AVERAGE SCORE: AVERAGE SCORE: AVERAGE SCORE: TECHNICAL APPROACH Maximum Points: 40 EVALUATOR 1 EVALUATOR 2 EVALUATOR 3 EVALUATOR 4 AVERAGE SCORE: AVERAGE SCORE: AVERAGE SCORE: COST PROPOSAL Maximum Points: 30 SCORE: SCORE: SCORE: PROPOSAL SCORE Maximum Points: 100 TOTAL SCORE: TOTAL SCORE: TOTAL SCORE: ATTACHMENT 6.8 LISTING OF LOCALLY-GOVERNED INSTITUTIONS, TBR SYSTEM INSTITUTIONS, THE UT SYSTEMS OF HIGHER EDUCATION AND STATE OF TENNESSEE Tennessee Board of Regents, Central Office Austin Peay State University East Tennessee State University Middle Tennessee State University Tennessee State University Tennessee Technological University University of Memphis Chattanooga State Technical Community College Cleveland State Community College TCAT-Athens Columbia State Community College TCAT-Pulaski TCAT-Hohenwald Dyersburg State Community College TCAT-Newbern TCAT-Ripley TCAT-Covington Jackson State Community College TCAT-Jackson TCAT-Whiteville TCAT-Crump TCAT-McKenzie TCAT-Paris Motlow State Community College TCAT-Shelbyville TCAT-Murfreesboro TCAT-McMinnville Nashville State Community College TCAT-Nashville TCAT-Dickson Northeast State Technical Community College TCAT-Elizabethton Pellissippi State Technical Community College TCAT-Knoxville Roane State Community College TCAT-Oneida/Huntsville TCAT-Harriman TCAT-Jacksboro TCAT-Crossville Southwest Tennessee Community College TCAT-Memphis Volunteer State Community College TCAT-Livingston TCAT-Hartsville Walters State Community College TCAT-Morristown University of Tennessee – Chattanooga University of Tennessee – Knoxville University of Tennessee – Martin University of Tennessee – Memphis University of Tennessee – Tullahoma State of Tennessee

1 William L. Jones Drive Derryberry Hall 301 Cookeville, TN 38505Location

Address: 1 William L. Jones Drive Derryberry Hall 301 Cookeville, TN 38505

Country : United StatesState : Tennessee

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