Table of Contents for Contract Attachments - … · Table of Contents for Contract Attachments Section Page Number ... Template 5‐1‐2013 44 ... the NextGEN and the Mini DAS that

Table of Contents for Contract Attachments

Section Page

Number Contract 1 Attachment A – Request For Proposal Number 0025576 dated March 12, 2013, together with Addenda #1 through #6

3

Attachment B – Contractor’s response dated April 8, 2013, together with SFE Unit Pricing Template 5‐1‐2013

44

Attachment C – Summary of Negotiations including the Contractor’s best and final pricing quote

61

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Attachment A

Request For Proposal Number 0025576 dated March 12, 2013, together with Addenda

#1 through #6

Contract TG-C02-14 Attachment A


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Request for Proposal # 0025576

for

Data Acqusition Systems (DAS)

for Virginia Tech Transportation Institute

March 12, 2013



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RFP 0025576 GENERAL INFORMATION FORM

1. QUESTIONS: All inquiries for information regarding this solicitation should be directed to the Contract Officer: Nancy Pressing, Phone: e-mail:

[email protected], 540-231-9517.

1. DUE DATE: Sealed Proposals will be received until April 10, 2013 at 3:00 pm Eastern time. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

2. ADDRESS: Proposals should be mailed or hand delivered to: Virginia Polytechnic Institute and State University (Virginia Tech), IT Acquisitions, Attn: Nancy Pressing, 1700 Pratt Drive, Blacksburg, Virginia 24060. Reference the Opening Date and Hour, and RFP Number in the lower left corner of the return envelope or package.

3. PRE-PROPOSAL CONFERENCE: See Section VIII for information regarding a pre-proposal conference.

4. TYPE OF BUSINESS: (Please check all applicable classifications). If your classification is certified by the Virginia Department of Minority Business Enterprise, provide your certification number: ________________________. For certification assistance, please visit: http:/www.dmbe.state.va.us/swamcert.html. ____ Large ____ Small business – An independently owned and operated business which, together with affiliates, has 250 or fewer employees or average

annual gross receipts of $10 million or less averaged over the previous three years. Department of Minority Business Enterprise (DMBE) certified women-owned and minority-owned business shall also be considered small business when they have received DMBE small business certification.

____ Women-owned business – A business concern that is at least 51% owned by one or more women who are U. S. citizens or legal resident

aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U. S. citizens or legal resident aliens.

____ Minority-owned business – A business concern that is at least 51% owned by one or more minority individuals (see Section 2.2-1401, Code

of Virginia) or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

6. COMPANY INFORMATION/SIGNATURE: In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods and services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)

FEDERAL TAXPAYER NUMBER (ID#)

BUSINESS NAME/DBA NAME/TA NAME (If different than the Full Legal Name)

FEDERAL TAXPAYER NUMBER (If different than ID# above)

BILLING NAME (Company name as it appears on your invoice)


PURCHASE ORDER ADDRESS

PAYMENT ADDRESS

CONTACT NAME/TITLE (PRINT)

SIGNATURE (IN INK) DATE

E-MAIL ADDRESS

TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER

FAX NUMBER TO RECEIVE

E-PROCUREMENT ORDERS

04/09



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I. PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from Qualified Contractors that have signed and are bound to a Confidential Disclosure Agreement to establish a contract or contracts through competitive negotiations for automotive Data Acqusition Systems by Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

II. CONTRACT PERIOD:

The term of this contract is for five year(s), or as negotiated. There will be an option for subsequent, three-year renewals, or as negotiated.

III. BACKGROUND:

The Virginia Tech Transportation Institute (VTTI) is Virginia Tech's largest university-level research center and is dedicated to conducting research to save lives, save time and save money in the transportation field by developing and using state-of-the-art tools, techniques, and technologies to solve transportation challenges. Its cutting-edge research is effecting significant change in public policies in the transportation domain on both the state and national levels. VTTI continues its success by employing an elite team of multi-disciplinary researchers, engineers, technicians, support staff, and students. The Institute conducts applied research to develop new techniques and technologies to study transportation challenges from various perspectives: vehicle, driver, infrastructure, and environment. To accomplish its ground-breaking research, the Institute has at its disposal a wide-range of tools to explore transportation problems including facilities such as the Virginia Smart Road and VTTI's internally-developed Data Acquisition System (DAS). These capabilities have earned VTTI a unique standing in the transportation research field and have made the Institute a "one-stop-shop" for transportation research, evaluation, analysis and development.

IV. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a trading partner within the eVA system. There are registration fees and transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system. Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/register/vendorreg.htm and register. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration. For registration and technical assistance, reference the eVA website at: [email protected], or call 866-289-7367 or 804-371-2525.

V. STATEMENT OF NEEDS:

A. Product Overview

There are currently two DAS configurations: the NextGEN and the Mini DAS that are used to support the research activities at VTTI. While the primary purpose for the RFP is production of the Mini DAS, it is also expected that the vendor will be able to provide manufacturing support for the NextGEN for future production of it as well. The NextGEN is designed as a distributed system that collects a comprehensive data set for naturalistic driving studies. The Mini DAS is a smaller, lower cost, self-contained system designed to collect a reduced data set. The lower price point and simplified design provides the opportunity for higher volumes and new usage models. Figure 1: DAS Overview – Schematic provides a schematic of the NextGEN DAS (grey boxes) to show the location of the



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components within the vehicle. The Mini DAS is shown in red. `

Figure 1: DAS Overview – Schematic

For purposes of this RFP, respondents will be providing pricing for the build and assembly of the Mini DAS and the main unit of the NextGEN system. Access to detailed designs will be provided separately. The following provides a brief description of each component. Major part numbers are provided in parenthesis for reference. 1. Mini DAS (2001)

a. Printed Circuit Board Assemblies (PCBA) (1) Main board (2) Video processing daughter board (main board can accept up to two) (3) Storage/battery board

b. Assembly components: 2 cameras, fan, speaker, battery (opt.) c. Enclosure: 2 piece plastic shell, 4 lenses, access cover and mount d. Test: automated test equipment and procedure to be provided by Virginia Tech (1 connection, 15 min)

2. NextGEN Main Unit: (1001) a. PCBA: 2 stacked boards with interconnects + interface card

(1) Storage board (2) Acquisition board (3) Header Interface card

b. Assembly components: fan, 6 panel mount cables c. Enclosure: 4 piece plastic d. Test: automated test equipment and procedure to be provided by Virginia Tech (6 connections, 20 min)

B. Production Services Overview

1. Production As a research institute, the demand for these devices is driven by research activities. VTTI typically places a primary order (300 – 2500 systems) each year based on the scheduled research projects to stream line production and minimize cost. The systems utilize a base set of PCBAs along with some combination or their derivatives of the components shown in Figure 1. Currently there are two primary build configurations for the Main Unit and two for the Head Unit which utilize the same PCBAs in different enclosures.

2. Prototype/Low Volume Production VTTI often develops custom hardware to meet the requirements of specific research projects. These are typically lower volume (10 - 50 pieces), lower cost orders ($5k - $50k) that often require quick turn. To accommodate the quick turn, VTTI will often provide some portion of the kit to eliminate delays due to part lead times.

Rear/side Cam

Mini DAS



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C. Support Services Overview

1. Logistics VTTI’s primary purpose is conducting research not producing and supporting hardware that is developed to support and facilitate the research activities. As such, VTTI is looking to establish a strategic relationship with a company that can, as needed, handle logistics for the DAS systems including warehousing, order fulfillment/distribution and warranty/repair work.

2. Engineering and Design At times, to augment the internal development and design expertise, VTTI employs external entities for engineering support. These design activities have ranged from electronic (circuit design, board layout, etc.) to product packaging design. While not a primary need, having a one-stop-shop that has some or all of these services available may be beneficial to VTTI.

VI. PROPOSAL PREPARATION AND SUBMISSION:

A. General Requirements

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One original, two(2) copies and one (1) electronic media copy in generally used formats on CD, DVD, or USB Flash Drive media of each proposal must be submitted to:

Virginia Tech Information Technology Acquisitions Attn: Nancy Pressing 1700 Pratt Drive Blacksburg, VA 24060

Reference the Opening Date and Hour, and RFP Number in the lower left hand corner of the return envelope or package.

No other distribution of the proposals shall be made by the Offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be

submitted. Failure to submit all information requested may result in Virginia Tech requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by Virginia Tech at its discretion. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically providing a straightforward, concise description of

capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in RFP Section VI.B–

Specific Requirements. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted

with the proposal should be bound in that single volume.



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e. Ownership of all data, material and documentation originated and prepared for Virginia Tech pursuant to the

RFP shall belong exclusively to Virginia Tech and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted. The written request must specifically identify the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral

presentation of their proposal to Virginia Tech. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. Virginia Tech will schedule the time and location of these presentations. Oral presentations are an option of Virginia Tech and may not be conducted. Therefore, proposals should be complete.

B. Specific Requirements

Proposals should be as thorough and detailed as possible so that Virginia Tech may properly evaluate your capabilities to provide the required goods and services. Offerors are required to submit the following information/items as a complete proposal:

1. Pricing – in addition to Offerors standard quote package, please fill in Attachment C, Table 1: Unit Pricing

Template (provided as file Unit Pricing Template.xlsx). Parts to be provided by Virginia Tech for the individual components and the system as a whole are indicated in the applicable BOMs and are not to be included in the cost quote. Unless otherwise specified, all parts should meet IPC-A-610 Class 3 standards. a. Prototype quantities (5-20 units) and typical time for new quotes and prototypes – indicate if expedited

services are available and typical associated costs. It is understood that delivery is dependent upon component availability and some components may be unavailable through standard supply chains. Please indicate the company’s policy for using brokered stock of hard to find components. For parts supplied by VTTI, please provide description of how company handles consigned material.

b. Production quantities (100, 250, 500, 1000, 2000). While price is the primary driver, there is a balance that is needed between cost and availability of parts. Please indicate how the Offeror’s company tracks this to make the information available to Virginia Tech.

c. Low volume post production (10, 50, 100) production. This differs from prototype production in that these are follow-up orders of a known design in which most of the standard components should be in house from previous production builds. If expedited service is available, please indicate.

d. Describe the standard procedure for handling excess material. 2. Company information

a. Please describe the standard procedures for working with accounts including, standard services (e.g. DFM -Design for Manufacturability, DFT - Design for Test, etc.), document control, engineering change orders (ECO) including associated costs, as well as any other information the Offeror feels is pertinent.

b. Describe standard production procedures for sourcing, inventory control, material/component tracking, and logistics.

c. Describe your company’s quality metrics for tracking failures, on-time delivery and customer satisfaction and provide these for the last 1-2 years. Also provide a list of standard quality metrics that are available to customers.

3. Services - please indicate if the services described below are offered and standard cost where applicable. a. Design Services

(1) Electronic design (2) Software/firmware development (3) PCB layout (4) Test development (5) Packaging

b. Warehousing (1) Cost of warehousing (2) Describe facility



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(3) Describe Inventory tracking and recordkeeping procedures. c. Order fulfillment

(1) Describe process your company uses for order fulfillment (2) Quote packaging (3) Specify how shipping charges are handled and what your processes are for shipping to U.S. locations.

d. Warranty (1) Specify standard warranty policy and procedures (2) Quote price of handling all non-standard warranty claims (including parts sourced that carry their own

warranty such as failed cameras integrated into the system) e. Repair Depot

(1) Please describe how the company would handle the following tiers of support. Include discussion of RMA request procedure, material tracking, shipping policy, pass-through warranties (manufacturer component warranties), estimated time for repair, and what would not be covered. In addition, indicate what personal roles are employed to support the different tiers of services, particularly Tier 1 where the CM is primarily responsible for trouble shooting (i.e. engineering staff). Quote the cost for each tier including labor for the different activities and any minimum charges that may apply (specific material charges are not expected). Note that full asset/material tracking is necessary and assumed to be a part of the repair depot process. (a) Tier 1 – equipment sent directly to CM from end user for debug, repair and return to end user. (b) Tier 2 – equipment sent to CM after initial debug performed by VTTI. Any additional debug, repair

and return carry out by CM. (c) Tier 3 – equipment sent with diagnostics complete for board level rework requiring only repair,

testing and return shipping.

4. Small, Women-owned and Minority-owned Business (SWAM) Utilization:

If your business cannot be classified as Small, Women-owned, or Minority-owned, describe your plan for utilizing SWAM businesses if awarded a contract. Describe your ability to provide statistical reporting on actual SWAM subcontracting when requested. If your firm or any business that you plan to subcontract with can be classified as SWAM, but has not been certified by the Virginia Department of Minority Business Enterprise, it is expected that the certification process will be initiated no later than the time of the award.

5. The return of the General Information Form and addenda, if any, signed and filled out as required.

VII. SELECTION CRITERIA AND AWARD:

A. Selection Criteria

Proposals will be evaluated in the three phases by a Selection Committee that includes Virginia Tech personnel using the following criteria. Maximum Point Criteria Value 1. Visit/ Capabilities 30 2. Services Offered 15 3. Price of Goods 20 4. Price of Services 10 5. Prototype Evaluation (optional) 15 6. SWAM Utilization 10 ____________ Total 100

B. Selection Process:

1. Initial Screening Virginia Tech will review and initially score all responsive proposals on the basis of the evaluation factors included in the Request for Proposal, except Prototype Evaluation. Based on this initial scoring, Virginia Tech may pick a subset of Offerors deemed to be fully qualified and best suited among those submitting proposals for plant visits.

2. Plant Visit


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The Selection Committee will schedule plant visits to the subset of Offerors selected in the above process to verify capabilities to perform the required manufacturing and testing tasks and service functions and see examples in present or past products that demonstrate these capacities and functions as stated in the Offeror’s proposals. A second scoring will be conducted on the basis of the evaluation factors included in the Request for Proposal, except Prototype Evaluation.

3. Prototype Evaluation (optional) The Selection Committee may choose to have the Offereors selected in RFP Section VII.B.2-Plant Visit build prototypes of one of the components being quoted., If this optional prototype phase is utilized in the selection process, representatives from the Selection Committee and/or other Virginia Tech representatives may observe production and testing at the vendor’s facility as part of the evaluation. Upon receipt of the prototypes, the systems will undergo inspection and testing to evaluate quality and operation. Another round of scoring of the Offerors selected for Prototype Evaluation will be conducted on the basis of all the evaluation factors included in the Request for Proposal.

C. Award

Selection shall be made of at least one of the Offerors deemed to be fully qualified and best suited among those submitting proposals after the final step of the Selection Process as noted above in RFP Section VII.B-Selection Process on the basis of the evaluation factors included in the Request for Proposal. Negotiations shall then be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, Virginia Tech shall select the Offeror or Offerors which, in its opinion, have made the best proposal, and shall award the contract to that Offeror or Offerors. Virginia Tech may cancel this Request for Proposal or reject proposals at any time prior to an award. Should Virginia Tech determine in writing and in its sole discretion that only one Offeror has made the best proposal, a contract may be negotiated and awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of this solicitation and the Contractor's proposal as negotiated. See Attachment B for sample contract form.

VIII. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted to:

Virginia Polytechnic Institute and State University Accounts Payable 201 Southgate Center Blacksburg, VA 24061

X. ADDENDUM:

Any ADDENDUM issued for this solicitation will be e-mailed to all Prequalified Contractors with notification of e-mailing posted at http://www2.ita.vt.edu/purchasing/index.html under the section entitled “Invitation for Qualified Contractors”. Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly to ensure that you have received all addenda that may have been issued.

XI. CONTRACT ADMINISTRATION:

A. Loren Stowe, Senior Research Associate, Virginia Tech Transportation Institute, at Virginia Tech or his designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or his/her designee, shall determine the amount, quantity, acceptability, fitness of all

aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his/her designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech IT Acquisitions Department through a written amendment to the contract.


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XII. TERMS AND CONDITIONS:

This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions. XIII. ATTACHMENTS:

Attachment A – Terms and Conditions Attachment B – Standard Contract Form Attachment C – Table 1: Unit Pricing Template Attachment D – Documents Included with RFP


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Attachment A to RFP 0025576

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ATTACHMENT A TERMS AND CONDITIONS

RFP General Terms and Conditions http:/www.purch.vt.edu/html.docs/terms/GTC_RFP_07272011.pdf See General Terms and Conditions at end of Attachment A Special Terms and Conditions 1. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or the State auditors shall have full access and the right to examine any of said materials during said period.

2. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound

hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

3. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in

part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Request for Proposal

including all modifications thereof, the proposal submitted by the Contractor, the written results of negotiations, the Commonwealth Standard Contract Form, all of which shall be referred to collectively as the Contract Documents.

5. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of Virginia Tech, but shall be an

independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind Virginia Tech, or to otherwise act on behalf of Virginia Tech, except as Virginia Tech may expressly authorize in writing.

6. INSURANCE:

By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, Virginia Tech reserves the right to require the Contractor to furnish certificates of insurance for the coverage required. INSURANCE COVERAGES AND LIMITS REQUIRED: A. Worker's Compensation - Statutory requirements and benefits. B. Employers Liability - $100,000.00 C. General Liability - $500,000.00 combined single limit. Virginia Tech and the Commonwealth of Virginia shall be

named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00 E. Builders Risk – For all renovation and new construction projects under $100,000 Virginia Tech will provide All

Risk – Builders Risk Insurance. For all renovation contracts, and new construction from $100,000 up to $500,000 the contractor will be required to provide All Risk – Builders Risk Insurance in the amount of the contract and name Virginia Tech as additional insured. All insurance verifications of insurance will be through a valid insurance certificate.

The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold


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harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

7. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing, hand delivered or mailed to the address of the respective party at the following address:

If to Contractor: Address Shown On RFP Cover Page Attention: Name Of Person Signing RFP If to Virginia Tech:

Virginia Polytechnic Institute and State University Attn: Nancy Pressing IT Acquisitions 1700 Pratt Dr Blacksburg, VA 24060 and Virginia Polytechnic Institute and State University Attn: Loren Stowe Virginia Tech Transportation Institute Blacksburg, VA 24061

8. PROPOSAL ACCEPTANCE PERIOD: Any proposal received in response to this solicitation shall be valid for (180)

days. At the end of the (180) days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

9. CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

10. PROPOSAL PRICES: Proposal shall be in the form of a firm unit price for each item during the contract period.

11. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at proposal

prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

12. PRICE ESCALATION/DEESCALATION: Price adjustments for changes in the contractor's price of materials, labor, and transportation may be permitted. Request for price adjustments for any other reasons will not be granted. No price increases will be authorized for 180 calendar days after the effective date of the contract. Upward price adjustments may be permitted only at the end of this period and each 90 days thereafter and only where verified to the satisfaction of the Virginia Tech IT Acquisitions (ITA) Department. However, "across the board" price decreases are subject to implementation at any time and shall be immediately conveyed to Virginia Tech. Contractor shall give not less than 30 days advance notice of any desired price increase to the Virginia Tech ITA Department. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30 day notification period. The Contractor shall document the amount and proposed effective date of any general change in the price of materials, labor, and transportation. Only general "across the board" price increases will be considered and must affect all suppliers of the commodities or goods. Documentation shall be supplied with the Contractor's request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to Virginia Tech; and (2) verify the amount or percentage of increase which is being passed on to the Contractor by the Contractor's suppliers. Failure by the Contractor to supply the aforementioned verification with the request for price increase will result in a delay of the effective date of such increase. The Virginia Tech ITA Department may verify such change in price independently. The Virginia Tech ITA Department may make such verification as it deems adequate. However, any increase which the Virginia Tech ITA Department determines is excessive, regardless of any documentation supplied by the Contractor, may be cause for cancellation of the contract by the Virginia Tech ITA Department. The Virginia Tech ITA Department will notify the contractor in writing of the effective date of any increase which is approved. However, the Contractor shall fill all purchase orders received prior to the effective date of the price


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adjustment at the old contract prices. The contractor is further advised that price decreases which affect the price of materials, labor, and transportation are required to be passed on to Virginia Tech immediately. Failure to do so will result in action to recoup such amounts.

13. TRANSPORTATION AND PACKAGING: By signing their proposal the Offeror certifies and warrants that the proposal price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be properly and legibly marked or labeled on the outside with the commodity description and number, size and quantity of the contents.

14. RENEWAL OF CONTRACT: This contract may be renewed by Virginia Tech upon written agreement of both parties for two successive one year periods, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

15. WARRANTY (COMMERCIAL): The Contractor agrees that the goods and services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods and services and that the rights and remedies provided therein are in addition to and do not limit those available to Virginia Tech by any other clause of this solicitation. A copy of this warranty must be furnished with the proposal.

16. COMMUNICATIONS: Communications regarding this Request for Proposals (RFP) shall be formal from the date of

issue for this RFP, until either a Contractor has been selected or the Information Technology Acquisitions Office rejects all proposals. Formal communications will be directed to the Information Technology Acquisitions Office. Informal communications, including but not limited to request for information, comments or speculations regarding this RFP to any University employee other than an Information Technology Acquisitions Office representative may result in the offending Offeror’s proposal being rejected.

17. WARRANTY OF TITLE. Contractor shall provide a warranty to Virginia Tech that, as of the delivery date, the

Contractor shall have free and clear title to, and the right to possess, use, sell, transfer, assign, license, or sublicense, any and all components and parts of the DAS System provided by that Contractor (the “Products”) that are sold, licensed or otherwise delivered under this Contract.

18. PERFORMANCE WARRANTY. The Contractor shall further provide a warranty to Virginia Tech that all Product(s)

delivered under this Contract shall be manufactured so as to perform in accordance with the QA test standard provided in the DAS Specifications and meet other requirements as negotiated. Each Contractor shall obtain, to the maximum extent possible, standard warranties from the suppliers of individual components incorporated into the Products.

19. WARRANTY PERIOD. The warranty for the Products shall be for at least one year or as negotiated. 20. ADDITIONAL TERMS. The following provisions apply to this Contract and shall be included, as applicable, in any

subcontracts entered into by Contractor:

A. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor."

B. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or


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Page 13 of 16

materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

C. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

D. Lobbying Restrictions (31 U.S.C. 1352/49 CFR Part 20) - a) - Contractor and each of its subcontractors or grantees at any tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any award funded by the US Government. Such disclosures are forwarded from tier to tier up to the recipient.

E. Debarment and Suspension - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

21. DAS SOFTWARE. Virginia Tech Intellectual Properties, Inc. retains full ownership rights of the software that will be provided to Contractor for integration into the DAS units (“DAS Software”). Contractor has rights to use the DAS Software solely for the purposes of integration into the DAS units to be delivered under this Contract and for no other purpose. The DAS Software is protected by copyright and Contractor may not copy or otherwise use the DAS Software, in whole or part, except as expressly permitted in this Contract. Contractor will reproduce and maintain all copyright and other intellectual property notices that are contained in or on the DAS Software on any copy that Contractor makes or uses. The Contractor shall not make any modifications to the DAS Software or derivative works without the express written authorization of Virginia Tech.

22. PATENTS A. The Contractor will have the right to elect title to the patent rights in inventions resulting from work under any

contract, subject to Virginia Tech acquiring a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the invention throughout the world in those inventions for which title is elected.

B. All inventions first conceived or actually reduced to practice in the performance of the work under this contract shall be disclosed promptly to Virginia Tech, but in any event not later than 30 days after the inventor discloses it in writing to Contractor personnel responsible for patent matters. This disclosure shall be in writing, identifying the contract under which the invention was made and the inventor(s). The invention shall be described in sufficient detail to convey a clear understanding of the characteristics of the invention. If a small business, the Contractor will elect in writing whether or not to retain title by notifying Virigina Tech within twenty months from the date of disclosure.

C. The rights, obligations and remedies of the Contractor regarding any inventions covered by this clause are subject to and limited by the authorities cited herein.

23. SEVERAL LIABILITY: Virginia Tech will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable entities described herein will be severally liable to the extent of their purchases made against any contract resulting from this solicitation.


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RFP GENERAL TERMS AND CONDITIONS

1. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1 E).

In every contract over $10,000 the provisions in A and B below apply: A. During the performance of this contract, the Contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex,

national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section.

B. The Contractor will include the provisions of A. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to Virginia Tech and the Commonwealth of Virginia all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Virginia Tech and the Commonwealth of Virginia under said contract.

3. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state and local laws and regulations.

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

5. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any one of the following ways: A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting

from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract B. Virginia Tech may order changes within the general scope of the contract at any time by written notice to the Contractor.

Changes within the scope of the contract include, but are not limited to, things such as the method of packing or shipment and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give Virginia Tech a credit for any savings. Said compensation shall be determined by one of the following methods:

1) By mutual agreement between the parties in writing; or 2) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units,

and the Contractor accounts for the number of units of work performed, subject to Virginia Tech's right to audit the Contractor's records and/or to determine the correct number of units independently; or

3) By ordering the Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present Virginia Tech with all vouchers and records of expenses incurred and savings realized. Virginia Tech shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to Virginia Tech within thirty (30) days from the date of receipt of the written order from Virginia Tech. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by Virginia Tech or with the performance of the contract generally.

6. CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing to the Director of Materials Management, Procurement Department, North End Center, Suite 2100, Virginia Tech, 300 Turner Street NW, Blacksburg, Virginia 24061, no later than sixty (60) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the


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work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment (Code of

Virginia, Section 2.2-4363). A contractor may not institute legal action prior to receipt of the Director of Materials Management decision on the claim, unless that office fails to render such decision within thirty (30) days. The decision of the Director of Materials Management shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia, Section 2.2-4364.

7. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

8. COMMONWEALTH OF VIRGINIA PURCHASING MANUAL FOR INSTITUTIONS OF HIGHER EDUCATION AND

THEIR VENDORS: This solicitation is subject to the provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review in the Virginia Tech Procurement Department or by accessing URL http://www.purch.vt.edu on the Web.

9. CONFLICT OF INTEREST: Virginia Tech is a public university, subject to the laws of the Commonwealth of Virginia. Among these is the State and Local Government Conflict of Interests Act (The Act). The Act can be accessed via http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3100. You may wish to consult the provisions of The Act before submitting a response to the Request for Proposal. Additionally, by submitting a proposal or by entering into any resulting contract, the offeror certifies that it is in full compliance with the provisions of The Act as to this RPF.

10. CONTRACT PARTICIPATION: Any public body, public or private health or educational institutions, or Virginia Tech’s affiliated corporations and/or partnerships may access any resulting contract/purchase order if authorized by the contractor. Participating entities shall place their own order(s) directly with the Contractor and shall fully and independently administer their use of the contract/purchase order to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract/purchase order. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract/purchase order no matter the circumstances.

11. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

12. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, Virginia Tech, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which Virginia Tech may have.

13. DRUG-FREE WORKPLACE: In every contract over $10,000 the following provisions apply: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

14. EO/AA STATEMENT: Virginia Tech, an equal opportunity, affirmative action institution covered by presidential executive order 11246 as amended, advises all contractors, subcontractors, vendors and suppliers that direct receipt of federal funds may require appropriate action on their part.

15. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

16. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal www.eva.state.va.us, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to Virginia Tech should participate in the eVA Internet e-procurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. Failure to register may result in the proposal being rejected.

17. FACSIMILE PROPOSALS: Facsimile unsealed proposals received in the Virginia Tech Procurement Department prior to the time and date designated for proposal submission will be accepted.

For sealed Request for Proposal (RFP) programs, an offeror may fax a proposal to a non-Virginia Tech third party, who in turn must deliver it, with the number of copies specified in the RFP, to the Procurement Department in a sealed envelope before the proposal due date and time. All information requested in the Proposal Preparation and Submission section of the RFP must be delivered with each copy of the proposal.


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18. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their proposals, the offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

19. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless Virginia Tech and the Commonwealth of Virginia and their officers, agents, and employees from any claims, damages and actions of any kind or nature whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature, furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of Virginia Tech or failure of Virginia Tech to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

20. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of Virginia Tech, but shall be an independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind Virginia Tech, or to otherwise act on behalf of Virginia Tech, except as Virginia Tech may expressly authorize in writing.

21. LATE PROPOSALS: To be considered for selection, proposals must be received by the Virginia Tech Procurement Department (MC0333),Ste 2100, Virginia Tech, 300 Turner Street NW, Blacksburg, Virginia 24061, by the designated date and hour. The official time used in the receipt of proposals is that time on the automatic time stamp machine in the Virginia Tech Procurement Department. Proposals received in the Virginia Tech Procurement Department after the date and hour designated are automatically disqualified and will not be considered. Virginia Tech is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, the intrauniversity mail system, or another means of delivery. It is the sole responsibility of the offeror to insure that its proposal reaches the Virginia Tech Procurement Department by the designated date and hour.

22. MANDATORY USE OF VIRGINIA TECH FORMS AND TERMS AND CONDITIONS: Failure to submit a proposal on the official Virginia Tech form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, Virginia Tech reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

23. NONDISCRIMINATION OF CONTRACTORS: An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faithbased organizational status, any other basis prohibited by state law relating to discrimination in employment or because the offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

24. NONVISUAL ACCESS TO TECHNOLOGY: All information technology which, pursuant to this Agreement, is purchased or upgraded by or for the use of (the “Technology”) Virginia Tech shall comply with the following nonvisual access standards from the date of purchase or upgrade until the expiration of this Agreement: (i) effective, interactive control and use of the Technology shall be readily achievable by nonvisual means; (ii) the Technology equipped for nonvisual access shall be compatible with the information technology used by other

individuals with whom any blind or visually impaired user of the Technology interacts; (iii) nonvisual access technology shall be integrated into any networks used to share communications among employees among

employees, program participants or the public; and (iv) the technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to

telecommunications or other interconnected network services used by persons who are not blind or visually impaired. Compliance with the foregoing nonvisual access standards shall not be required if the head of the using agency, institution or political subdivision determines that (i) the Technology is not available with nonvisual access because the essential elements of the Technology are visual and (ii) nonvisual a equivalence is not available.

Installation of hardware, software, or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices If requested, the Contractor must provide a detailed explanation of how compliance with the foregoing nonvisual access standards is achieved and a validation of concept demonstration. The requirements of this Paragraph shall be construed to achieve full compliance with the Information Technology Access Act, § 2.2-3500 through 2.2-3504 of the Code of Virginia.

25. PARKING PERMITS: Virginia Tech Parking Services requires the purchase and display of a parking permit for all vendor/business/contractor vehicles, privately and company owned, that park on campus. The cost of the permit is the same as the faculty/staff permit. Permit options include one year, six months, three months, summer, or day. Permits are available through application at Virginia Tech Parking Services, 605 Research Center Drive, Blacksburg, Virginia 24061. Additional information is available at http://www.parking.vt.edu\vbc.htm or by calling Parking Services at (540) 231-3200.

26. PAYMENT: A. TO PRIME CONTRACTORS:


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1) Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the Virginia Tech or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2) Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3) All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed.

4) The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

5) Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B) TO SUBCONTRACTORS: 1) A contractor awarded a contract under this solicitation is hereby obligated: a) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the Commonwealth for the

proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or b) To notify Virginia Tech and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the

reason. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided

under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in b) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

27. PRECEDENCE OF TERMS: Paragraphs 1, 2, 3, 7, 8, 9, 13, 15, 18, and 19 of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

28. PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract award will be publicly posted on the DGS/DPS eVA web site www.eva.state.va.us . Award information may also be obtained by contacting the buyer whose name appears on the solicitation.

29. QUALIFICATIONS OF OFFERORS: Virginia Tech may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work/furnish the item(s) and the offeror shall furnish to Virginia Tech all such information and data for this purpose as may be requested. Virginia Tech reserves the right to inspect offeror's physical facilities prior to award to satisfy questions regarding the offeror's capabilities. Virginia Tech further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy Virginia Tech that such offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

30. SMALL, WOMEN, AND MINORITY-OWNED (SWAM) BUSINESS SUBCONTRACTING AND EVIDENCE OF

COMPLIANCE: A. Virginia Tech has developed a “SWAM” plan for increasing procurement from small, women-owned, and minority-owned

(SWAM) business. Virginia Tech’s SWAM subcontracting aspirational goals are as follows:

Small Woman-owned Minority-owned Total SWAM 26.63% 5.55% 2.25% 34.43%

B. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is

encouraged to offer such business to small, women, and/or minority-owned (SWAM) business. If SWAM subcontractors are used, the prime contractor agrees to report the use of SWAM subcontractors by providing the Owner at a minimum the following information: name of firm, DMBE SWAM certification number, phone number, total dollar amount subcontracted, category type (small, women, or minority-owned), and type of product/service provided. Note that SWAM vendors must be certified with the Department of Minority Business Enterprise (DMBE) http://www.dmbe.state.va.us.

C. Definitions: 1. Small business – An independently owned and operated business which, together with affiliates, has 250 or fewer

employees or average annual gross receipts of $10 million or less averaged over the previous three years. Department of Minority Business Enterprise (DMBE) certified women-owned and minority-owned business shall also be considered small business when they have received DMBE small business certification.


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2. Women-owned business – A business concern that is at least 51% owned by one or more women who are U. S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U. S. citizens or legal resident aliens.

3. Minority-owned business – A business concern that is at least 51% owned by one or more minority individuals (see Section 2.2-1401, Code of Virginia) or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

4. Minority individual – means an individual who is a citizen of the United States or a non-citizen who is in full compliance with United States immigration law and who satisfies one or more of the following definitions: a. “African American” means a person having origins in any of the original peoples of Africa and who is regarded as

such by the community of which this person claims to be a part. b. “Asian American” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the

Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samos, Laos, Cambodia, Taiwan, Northern Marinas, the Philippines, a U. S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.

c. “Hispanic American” means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.

d. “Native American” means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.

D. All Small, Woman-owned, Minority-owned and Disabled Veteran-owned businesses who meet the definition established by the Code of Virginia as certifiable are strongly encouraged to obtain certification with the Commonwealth of Virginia Department of Minority Business Enterprises.

31. TAXES: Sales to Virginia Tech and the Commonwealth of Virginia are normally exempt from State sales tax, State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall be free of Federal excise and transportation taxes. The Commonwealth's excise tax exemption registration number is 54-73-0076K.

32. TESTING AND INSPECTION: Virginia Tech reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specification.

33. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant that the price(s) offered are for FOB destination and include only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

34. USE OF BRAND NAMES: Unless otherwise provided in this solicitation; the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which Virginia Tech in its sole discretion determines to be equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable Virginia Tech to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Unless the offeror clearly indicates in its proposal that the product offered is an "equal" product, such proposal will be considered to offer the brand name product referenced in the solicitation.


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Attachment B to RFP 0025576

Page 14 of 16

Standard Contract form for reference only

Offerors do not need to fill in this form

COMMONWEALTH OF VIRGINIA STANDARD CONTRACT

Contract Number:_______________________ This contract entered into this ____ day of ____________ 20___, by ______________________, hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech". WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows: SCOPE OF CONTRACT: The Contractor shall provide the _____________ to Virginia Tech as set forth in the Contract Documents. PERIOD OF CONTRACT: From _________________________ through ________________________. COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by Virginia Tech in accordance with the contract documents. CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Request For Proposal Number __________ dated __________, together with all written modifications thereof and the proposal submitted by the Contractor dated _________ and the Contractor's letter dated __________, all of which contract documents are incorporated herein. In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. Contractor: Virginia Tech By:___________________________________ By: ___________________________________ Title:__________________________________


TG-C02-14 Page 22 of 67

Attachment C to RFP 0025576

Page 15 of 16

TABLE 1: UNIT PRICING TEMPLATE

See included Excel file “Unit Pricing Template.xls” to complete and return with Proposal

Production Phase Prototypes NRE

Section VI.B reference 1.a

Part #'s Description qty = 5‐20

qty = 50‐

100 qty = 250 qty = 500 qty = 1000 qty = 2000 qty = 10 qty = 50 qty = 100

add col's if

needed

1001 NextGEN Main Unit

1010 HDD

2001 Mini DAS main (193‐101)

2001‐27 DSP board (193‐103)

Cables 1001‐18 Power for NextGEN

NOTES:

Do not include 1010 in pricing of 1001

Do not include 1001‐18 in pricing of 1001


CPU

Unit Pricing (sum of all recurring costs)Production Post Production

1.b 1.c


TG-C02-14 Page 23 of 67

Attachment D to RFP 0025576

Page 16 of 16

FILE STRUCTURE FOR DOCUMENTS PROVIDED WITH RFP 0025576

1. SYSTEM

1.1. CABLES (INTERNAL BUILD DOCS) 1.2. PCB

1.2.1. BUILD FILES (BOMS, GERBERS, ETC.) 1.3. SYSTEM

1.3.1. BOM 1.3.2. ASSEMBLY INSTRUCTIONS

2. UNIT PRICING TEMPLATE Access to the above documents will be provided separately after issuance of RFP 0025576.


TG-C02-14 Page 24 of 67

ADDENDUM # 1 TO RFP # 0025576 For Data Acquisition System (DAS) for Virginia Tech Transportation Institute

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY

INFORMATION TECHNOLOGY ACQUISITIONS (0214) 1700 PRATT DRIVE, BLACKSBURG, VA 24060

DATE

3/20/2013 ORIGINAL DUE DATE AND HOUR 4/10/2013, 3:00 pm Eastern

ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: Nancy Pressing, Senior Contract Officer

E-MAIL ADDRESS:[email protected], TELEPHONE NUMBER (540) 231-9517, FAX NUMBER (540) 231-4110

Questions and Answers (Q & A) Q1 - Based on your current & potential customers for research studies, potential volumes of each, and timeline, can you give me any more clarity on your anticipate volumes and schedule over Years 1-5 of the awarded contract for these requirements? As we evaluate these requirements, we'd like to get a better understanding of your forecasts and likely order sizes for Years 1-5. Would it be close to the same volumes each year over the 5 years, or would there be an initial ramp, with low volume post production requirements after. A1 – VTTI primary activity is not the sale of hardware but of research in a broad area of transportation related fields. The systems included in this RFP are tools used to support these research activities. It is difficult to provide an accurate forecast beyond the next year since the hardware is not the primary driver of the research. In the last three years, a part of VTTI’s research activities have involved the installation of the NextGEN in over 3000 vehicles in four countries on three different continents. The Mini DAS is a new product at a lower price point to allow for broader use compared to the NextGEN. The initial demand is 500+ pieces. In the future, it is expected that the Mini DAS will be the primary tool used in VTTI’s research with an annual usage of 300-1000 pieces. Due to the additional capabilities of the NextGEN, it will continue to have a role in the research VTTI participates in but at a lower demand (<200/year) than what it has in the past. Q2 – The BOM for the DSP Board on the Mini-DAS does not include AML (approved manufacturer list) information. Please provide the manufacturer and manufacturer’s part number. A2 – A replacement BOM is attached, with information consistent with the other BOM files provided and sufficient for quoting purposes. There are multiple major suppliers from which Offerors may obtain component quotes as part of their business decision. All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)







PAYMENT ADDRESS



E-MAIL ADDRESS

TELEPHONE NUMBER

TOLL FREE TELEPHONE NUMBER

FAX NUMBER TO RECEIVE E-PROCUREMENT ORDERS

Revised 0811


TG-C02-14 Page 25 of 67

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TG-C02-14 Page 27 of 67

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TG-C02-14 Page 28 of 67

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TG-C02-14 Page 29 of 67

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TG-C02-14 Page 30 of 67




DATE




Questions and Answers (Q & A) Q1. The Next Gen BOM 1001 dated 2/3/11 calls for Item Number 8 Battery assembly as DNI (do not install). Is this correct, as it appears that this particular battery is underneath the boards, meaning the unit would have to be disassembled/reassembled to get the battery in before shipping to end user. A1. The document is correct – do not quote or install the battery. Q2. The Next Gen BOM 1001 dated 2/3/11 calls for quantity 4 of the 1001-18 Camera cables, where the print with BOM Sheet 6 of 13 calls for 1 camera cable and three plugs. Which is correct? A2. Quote a quantity of 4 of the 1001-18 only. Q3. The following items are called out on the NEXT GEN board BOMS and the Next GEN Final Assembly BOM. Is it correct to assume they should only be called out on one or the other BOM not both?

• 102-002 HT SNK BGA qty 3 • 102-001 Battery LICOIN qty 1 • 209-074GPRS Wireless Modem

A3. The 101 and 102 boards are used in more than the assembly. These three items are included in the board level BOMs to ensure the cost is captured at the board level. However, they are installed during system assembly which is why they are included in the system level BOM (Final Assembly). For pricing, they should only be quoted once.

Q4. The 193-103 board is a 2 per user on the MiniDAS and the 1001-18 is a 4 per user. On the pricing sheet do you want the cost listed per board or cable or to you want the price to reflect the qty of 2 or 4? A4. Quote them as price per component. The systems these parts go in will not always use the full quantity, which is why they are called out as separate line items and should be quoted in quantities of one. Q5. Please confirm that P/N 209-074 (wireless modem) is indeed customer supplied. It’s listed on 2 BOM’s and states it is customer supplied on one and not the other. A5. This is NOT customer supplied. Please include it in your pricing. All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)





TG-C02-14 Page 31 of 67




PAYMENT ADDRESS



E-MAIL ADDRESS

TELEPHONE NUMBER



Revised 0811


TG-C02-14 Page 32 of 67




DATE




Questions and Answers (Q & A) Q1. The BOM calls out for item #28 Main Adapter cable (2304) as a 2 per. I do not see any reference to item #28 in the Assy procedure or the Assy print 2001. I understand it would plug into the SD card board but is the qty correct at 2 per assy? A1: 2304 should be qty = 1. Q2. Page 17 of 21 in procedure calls for two brass inserts to be inserted into Windshield Mount Using appropriate equipment. What type of equipment are the referring toso I know what to get pricing on? A2. VTTI will provide the appropriate tooling. Q3. 1001-24 Genhard screw. What is this? Is there a print? If not, what is the source? Genhard does not come up on web searches and the description is incomplete. A3. Alternate supplier: McMaster 90380A148

Q4. 1010-05 Kingston hard drive. Distributor and manufacturer's website indicate the unit is obsolete, with no suggested alternative. The SNVP325-S2/128GBBK does not register at all because the BK suffix does not seem to be valid. A4. Quote assembly – VTTI will supply the drive. Q5. 1108 Pangu Tech GPRS Antenna Adapter. What is a source? I am not able to find anything on internet searches. A5. Do not quote - VTTI will supply the part. Q6. All McMaster-Carr hardware. Can we substitute direct cross material from actual hardware distributors? McMaster pricing is not competitive at distributor quantities. A6. Yes, equivalent hardware from other distributors is acceptable. All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)


BUSINESS NAME/DBA NAME/TA NAME

(If different than the Full Legal Name)

FEDERAL TAXPAYER NUMBER

(If different than ID# above)




PAYMENT ADDRESS


TG-C02-14 Page 33 of 67



E-MAIL ADDRESS

TELEPHONE NUMBER


FAX NUMBER TO RECEIVE

E-PROCUREMENT ORDERS

Revised 0811


TG-C02-14 Page 34 of 67




DATE




Questions and Answers (Q & A) Q1. The RFP indicates FOB Destination and pricing for freight to be based on actual freight costs for the contract period. Given that the unit volume and weight of shipments will be variable, is it possible that FOB Origin be considered as an option and actual freight costs invoiced using the customer’s preferred carrier account or tabulated at the time of shipment as an invoiced cost? A1. Virginia Tech requires FOB Destination for this RFP. For proposal purposes, Offerors can propose a shipping fee for a 20 pound pack that is 18" x 18" x 24" for both ground and standard overnight to the VTTI location in Blacksburg, VA 24060. Q2. The Top level BOM for the 1001 NextGen does not agree with the 1001 assembly Drawing and its embedded BOM. Numerous Item No. and Part No. disagree. Please clarify. A2. Use the attached “Add4_1001 NextGEN BOM r2.5.2 revE” for part numbers (see Sheet 2 for changes from previous release). Q3. 1001 Assembly drawing describes an adhesive but none is listed on either BOM. Please clarify. A3. In the assembly instructions drawing 1001f, page 7, calls out the use of Tak Pak 444. A quantity of one bottle should be sufficient to do many systems. Therefore it is left to the respondent to determine how they enter this into their unique system to drive pricing and purchasing. Q4. 1001-18 Face Plate Camera Cable is listed with different quantities between the 1001 BOM and 1001 assembly Drawing bom. The assembly drawing introduces a part number for a plug with instructions for placement at the 3 other locations. Please clarify. A4. A quantity of 4 of the 1001-18 should be used in determining assembly cost. See RFP Addendum 2, #2 and #4, for previous questions regarding 1001-18. Q5. Note on Attachment C to RFP 0025576, states 1001-18 is not to be included in pricing of 1001. List as a separate line? A5. Please capture the cost for 1001-18 on line 9 in the Unit Pricing Template.xlsx. See RFP Addendum 2, #2 and #4, for previous questions regarding 1001-18. Q6. There is no assembly drawings or Fab drawing for the MiniDAS main 193-101E. Are there special instructions for the assembly? What are the specifications for the pcb (material, stack-up, finish, …)? A6. See attached “Add4_MiniDAS Main Board 193-101E FAB sm” file for 193-101E. All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)





TG-C02-14 Page 35 of 67




PAYMENT ADDRESS



E-MAIL ADDRESS

TELEPHONE NUMBER



Revised 0811


TG-C02-14 Page 36 of 67

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TG-C02-14 Page 37 of 67

Revision History2.5.2 updated part #1001-21 to 1001-25 on item #23

added clarifying comments to items 24-26added clarifying comments to items 21


TG-C02-14 Page 38 of 67


TG-C02-14 Page 39 of 67


TG-C02-14 Page 40 of 67


TG-C02-14 Page 41 of 67




DATE




Questions and Answers (Q & A) Q1. BoM for 102E-1 Acquisition Board calls out PN 420-999 as MPN RR0186P-3093-D-48D. History tab mentions this MPN as being fixed, but it is actually still incorrect and should be RR0816P-3093-D-48D. In review of the addendums we didn’t see this addressed. A1. You are correct. Please correct BoM for 102E-1 to read RR0816P-3093-D-48D. Unfortunately the two numbers were transposed. All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)









PAYMENT ADDRESS



E-MAIL ADDRESS

TELEPHONE NUMBER



Revised 0811


TG-C02-14 Page 42 of 67




DATE




RFP Section VI-Proposal Preparation and Submission, Item A-General Requirements Current Text – Still acceptable:

RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One original, six(6) copies and one (1) electronic media copy in generally used formats on CD, DVD, or USB Flash Drive media … Optional Revision – If you have not already prepared your proposal submission, we prefer the following optional revision:

RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One original, two (2) copies and three (3) electronic media copies in generally used formats on CD, DVD, or USB Flash Drive media … All other terms, conditions, and description remain the same. The due date and hour remains the same, 4/10/2013, 3:00 pm Eastern FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)









PAYMENT ADDRESS



E-MAIL ADDRESS

TELEPHONE NUMBER



Revised 0811


TG-C02-14 Page 43 of 67

Attachment B

Contractor’s response dated April 8, 2013, together with SFE Unit Pricing Template 5‐

1‐2013

Contract TG-C02-14 Attachment B - Contractor's Response

TG-C02-14 Page 44 of 67

Silicon Forest Electronics - Response to RFP 0025576

Response to

Request for Proposal # 0025576

for

Data Acquisition Systems (DAS) for

Virginia Tech Transportation Institute

April 8, 2013


TG-C02-14 Page 45 of 67


TG-C02-14 Page 46 of 67


Page 3 of 15

Specific Requirements Pricing is described in two formats:

Unit Pricing Template (VTTI format)

Silicon Forest Electronics summary quotation as a supplement to the Unit Pricing Template Notes:

Excess material is amortized within the unit pricing

Exceptions are noted within summary pages regarding manufacturers part numbers

Estimated freight expense is included in unit pricing per the references in Addendum #4, A1 The balance that is needed between cost and availability of parts - how Silicon Forest Electronics tracks this to make the information available to Virginia Tech

VTTI will be assigned a “Customer Focus Team Manager (CFT)” as your project manager. The CFT will be your advocate to determine the best balance between cost, materials availability and order rates that produce your preferred combination of delivery and price. This level of detailed project management includes all phases of your product life cycle, from prototype through production and post-production.

The CFT manager also has access to a detailed online component obsolescence service by which they can predict availability (or “non-availability”) of components based on their planned end-of-life dates.

Expedited services ARE available through Silicon Forest Electronics. Those specific expedited turn

times and cost options are available from your assigned CFT manager.

Excess material will be monitored on a regular basis and communicated to VTTI at least quarterly in regularly scheduled business reviews or sooner upon request. Silicon Forest Electronics will continue to monitor “material with no demand” as well as “stale inventory” (slow moving) and make this information highly visible to the VTTI team.

Company Information Standard procedures for working with accounts Standard services (e.g. DFM -Design for Manufacturability, DFT - Design for Test, etc.)

Silicon Forest Electronics strives to work with customers as early as possible to improve Design for Manufacturability and Design for Test. Prior to design concept, our Process Engineering team will share our findings of DFM and DFT so that your design team receives our latest information on best and “not-so-best” design practices to affect cost and reliability.

Upon first prototype runs, we will conduct our “NPI Review” which looks at the new product introduction and provides feedback to your team in order to make final changes to reduce the opportunity for rework in production.

Our Test Engineer will work with your team to develop a custom test solution, including design for

test, which may include boundary scan (JTAG component selection), identification of test points and other options for automated testing.


TG-C02-14 Page 47 of 67


Page 4 of 15

Document control, engineering change orders (ECO)

All documentation changes are routed through your assigned CFT manager who will manage your project. This includes engineering change orders, deviations, waivers, quality specifications or other pertinent documentation. Engineering changes will be evaluated for cost if the timing of the changes causes rework, re-buys, material scrap or other actions caused by the engineering change. Your CFT manager can help identify best implementation points for changes so that the balance between cost and effectivity are considered.

Our EPICOR ERP system is utilized to store Bills of Materials and revision control.

Silicon Forest Electronics utilizes the AEGIS system for shop floor documentation. This system is located on production workstations throughout the facility, and it provides routing information, quality standards, visual build instructions, and can be used for positive recall of documentation if needed.

Describe standard production procedures for sourcing, inventory control, material/component tracking, and logistics.

Our EPICOR ERP system has full materials planning capabilities, including purchasing, production planning, part masters, lot tracking and the ability to manage fulfillment services to multiple addresses.

Silicon Forest Electronics will not deviate from VTTI’s approved vendor listing, unless you authorize us to purchase materials from our recommended suppliers.

As part of our quality assurance and procurement work instructions, Silicon Forest Electronics has a Counterfeit Parts Prevention Plan which includes the flow down of applicable requirements of AS5553 to applicable contractors and their sub-contractors.

Raw materials are stored in our stockroom, and part numbered independently within our Epicor system. We store both consigned and turnkey materials in this location under separate part identification, and segregated by customer if applicable.

Our “contract review” process will look at each customer’s requested requirements and set forth the actions in preparation for production, including engineering documentation.

We regularly utilize a service called “Silicon Expert” to scrub bills of materials for potential obsolete

components at the beginning of a project. This service is visible to all of our buyers, engineers and program managers.

Describe your company’s quality metrics for tracking failures, on-time delivery and customer satisfaction for the last 1-2 years.

DPMO (Defects per Million Opportunities) is our metric for tracking the ratio of assembly defects to overall opportunities. This data includes all opportunities (electrical, mechanical, labels, etc.) and is displayed and updated weekly in our production areas and reviewed as a key metric in both staff and all-company meetings, and annual management review. For the past 18 months, our average DPMO is 94, with the last four months averaging an improvement to 51 DPMO.

On-time delivery (OTD) is measured as a key metric and visibly displayed for all associates through our company Intranet. It is also reviewed weekly as part of our executive and staff meetings. We have refined our measurement of OTD in the past year, and for the last nine months has averaged 90% on-time to commit date (by order).

Customer satisfaction is measured by customer surveys (provided at regular business reviews), third

party surveys (e.g. “Supplier Excellence” awards) as well as customer-provided scorecards which indicate on-time delivery. As of this proposal response, Silicon Forest Electronics has been nominated for “Preferred Supplier Status” at two leading prime contractors based on excellent performance.

Also provide a list of standard quality metrics that are available to customers.


TG-C02-14 Page 48 of 67


Page 5 of 15

DPMO (defects per million opportunities) OTD (on-time delivery) % RMA (customer returns) First pass test yield by project (tested assemblies)

Services - please indicate if the services described below are offered and standard cost where applicable.

a. Design Services Offered? (Yes or No, and rate) (1) Electronic design Yes ($102.50/hour – Engineering Services rate)

(2) Software/firmware development No (may be contracted through our 3rd party engineering

services partners)

(3) PCB layout Yes ($102.50/hour – Engineering Services rate)

(4) Test development Yes ($102.50/hour – Engineering Services rate)

(5) Packaging Yes ($66.00/hour – Production Services rate) Warehousing

(1) Cost of warehousing

Warehousing Offered (Rate dependent on usage and anticipated floor space)

(2) Describe facility Total current SFE sq. footage across 6 buildings on-campus is ~45K, a new facility is in the

planning phase for FY2014-2015, to be located in the same general area as the current facility. There are multiple SMT lines within the facility (currently four) as well as hand assembly

areas, test, box-build, and conformal coating areas.

(3) Describe Inventory tracking and recordkeeping procedures. Inventory is tracked using the EPICOR ERP system, and supported by a formal cycle

counting program.

Both consigned and turnkey materials are managed in our system.

Silicon Forest Electronics has a records retention procedure. Product Records have a default retention time of 10 years unless your specified retention time is long than 10 years, in which case records will be kept indefinitely. Additionally, records verifying the effectiveness of the Quality Management System are kept indefinitely.

b. Order fulfillment Describe process your company uses for order fulfillment

At present, Silicon Forest Electronics provides drop shipment services to third parties based on primary customer approval. We develop safety stock (finished goods) programs in agreement with our customers that allow for short leadtimes upon order receipt.


TG-C02-14 Page 49 of 67


Page 6 of 15

There are two expected ways that we can provide fulfillment services for VTTI:

Fulfillment orders from VTTI and drop shipped to third parties as specified. Fulfillment orders from third parties (approved by VTTI) and shipped direct. For this

scenario, Silicon Forest Electronics would develop a standard pricing list, updated bi-annually, that will allow for third parties to review for order. Silicon Forest Electronics would develop an acceptable safety stock of finished goods to allow for rapid shipment to VTTI partners.

Quote packaging

Packaging is included in the price of the unit and not subject to an additional charge, unless special packaging is required which would be quoted based on specific, unique requirements.

How shipping charges are handled and what your processes are for shipping to U.S. locations

Shipping charges are typically charged to our customers using their specific UPS or FedEx accounts, or shipping charges added to the customer invoice. We continually negotiate better rates with our freight carriers and apply improvements to our customer charges as we gain opportunities for savings. If there is a requirement for a flat shipping rate, we can quote that standard rate as part of an overall pricing package with milestone review points to ensure best pricing.

c. Warranty

Specify standard warranty policy and procedures

Silicon Forest Electronics warrants that, at the time of delivery, the goods are manufactured

in accordance with agreed to manufacturing practices and meet the requirements of current version of IPC-A-610, Class II; or Class III when directed by the Customer’s purchase order. SFE agrees to rework all items that can be identified as workmanship related problems. SFE does not warrant the performance of the end items being manufactured or the performance of any component used in the assembly other than that specifically passed through from the component manufacturer. The workmanship warranty is to be extended to any product found to be defective of workmanship within 365 days of the delivery. Final inspection and determination whether goods are in accordance with IPC-A-610 shall be made by SFE, or other independent IPC-A-610 certified inspector. Any warranty provided is voided should there be evidence of the Customer tampering with the parts or assembly or when materials are returned in non-conforming packaging.

Quote price of handling all non-standard warranty claims

Repair or rework on material outside of warranty will be processed under a new purchase order/work order and quoted based on the estimated rework/repair labor plus actual material cost and associated markup.

Rework/Repair Labor Rate - $66.50 (Production Services Rate for assembly labor) Technician Labor Rate (for initial testing and testing after repair) - $74.50 per hour

d. Repair Depot

Discussion of RMA request procedure

When the Customer must return goods which the Customer believes are not manufactured in accordance with the acceptance criteria found in IPC-A-610 or meeting the customer specification, the Customer shall request from the SFE Customer Focus Team Manager an RMA number. Upon receipt of product, goods will be dispositioned for rework per the Warranty procedure (specified above) or other remedy as negotiated.


TG-C02-14 Page 50 of 67


Page 7 of 15

Material tracking Material, upon receipt at Silicon Forest Electronics, will be entered into our RMA system and

tracked. Material, upon shipment, will be entered into the selected carrier’s tracking system and that

tracking information provided to VTTI or partners. Shipping policy FOB Destination per the proposal requirements. Pass-through warranties (manufacturer component warranties) Warranties from original component manufacturers covering the performance of materials

will be passed through. If VTTI prefers a different arrangement, we are open to discussion. Estimated time for repair Estimated repair time is 5 working days (or less) per unit, assuming repair material is

available. If material to support the repair is not available, the estimated time will be the lead-time of raw material plus 5 working days.

What would not be covered… Because Silicon Forest Electronics is not the design authority for this project, warranties

cannot be provided for non-conformances related to design or design variation. Estimated Costs for Tiers of activity: Note that full asset/material tracking is necessary and assumed to be a part of the repair depot process.

(a) Tier 1 – equipment sent directly to CM from end user for debug, repair and return to end user.

Technician Labor Rate for debug and re-test after repair - $74.50 per hour Rework/Repair Labor Rate - $66.50 (Production Services Rate)

(b) Tier 2 – equipment sent to CM after initial debug performed by VTTI. Any additional debug, repair

and return carry out by CM.

Rework/Repair Labor Rate for Assembly - $66.50 (Production Services Rate) Technician Labor Rate (for testing after repair) - $74.50 per hour

(c) Tier 3 – equipment sent with diagnostics complete for board level rework requiring only repair,

testing and return shipping.

Rework/Repair Labor Rate - $66.50 (Production Services Rate) Technician Labor Rate (for testing after repair) - $74.50 per hour

Small, Women-owned and Minority-owned Business (SWAM) Utilization

Silicon Forest Electronics is a small business entity and registered with the System for Award Management, DUNS 044686223 and Cage Code 1KTR0.


TG-C02-14 Page 51 of 67


Page 8 of 15




qty = 50‐


add col's if

needed

1001 NextGEN Main Unit 6,164.00$ 2,521.68$ 2,152.66$ 1,928.11$ 1,687.33$ 1,500.31$ 6,164.00$ 2,521.68$ 2,249.57$ 5,455.14$

1010 HDD 36.87$ 18.83$ 17.98$ 12.10$ 11.91$ 11.82$ 36.87$ 18.83$ 18.40$ 150.00$

2001 Mini DAS main (193‐101) 4,697.75$ 1,537.59$ 1,223.29$ 946.77$ 583.76$ 560.22$ 4,697.75$ 1,537.59$ 1,333.56$ 2,925.64$

2001‐27 DSP board (193‐103) 692.10$ 292.28$ 244.69$ 156.02$ 147.32$ 143.59$ 692.10$ 292.28$ 256.15$ 1,025.59$

Cables 1001‐18 Power for NextGEN 36.60$ 19.78$ 19.69$ 16.72$ 16.38$ 16.20$ 36.60$ 19.78$ 19.72$ 495.00$

NOTES:




CPU


1.b 1.c


TG-C02-14 Page 52 of 67


Page 9 of 15

Assembly QTY

Turnkey

Price each Comments

Next GEN Main Unit 5‐20 $6,164.00

50‐100 $2,521.68

250 $2,152.66

500 $1,928.11

1000 $1,687.33

2000 $1,500.31

10 $6,164.00 Post production



NRE $3,369.93

Stenci l $2,085.21

Comments:

Exceptions noted on the attached tab for all three assemblies

Excess material has been rolled into the per unit price.

Schedule is dependent upon lead time of parts remaining the same as when quoted and shop load at time of PO.

Expedites apply for quicker turns than quoted above.

Price is valid for 30 days and subject SFE Terms and Conditions

Confidential Proposal Data


TG-C02-14 Page 53 of 67


Page 10 of 15

Acquisition Board ~ 1001-01-102E~ Exceptions

Cust P/N MFG MFG P/N Comments

103-105 Micron MT47H32M16HR-3IT Quoting MT47H32M16HR-25E IT:G

104-134 Maxim/Dallas DS28CM00R-A00+ Quoting DS28CM00R-A00+T

200-337 PHILIPS PCA9544APW Quoting PCA9544APW, 112 (NXP not Phillips)

200-576 Analog Devices AD7414ARTZ-0 Quoting AD7414ARTZ-0500RL7

200-590 Linear LTC2930HDD#PBF Mult is 121 for 1000 and 2000 pricing

201-263 Texas Instruments SN74LVC2G08DCU Quoting SN74LVC2G08DCUR

201-267 Texas Instruments SN74LVC2G32DCU Quoting SN74LVC2T45DCUR

201-276 Texas Instruments SN74LVC1G02DCK Quoting SN74LVC1G02DCKR

205-220 Linear Technology LT3501IFE#PBF Mult is 74 for 1000 and 2000 pricing

205-245 Linear Technology LTC4211IS8#PBF Mult is 100 for 250+ pricing

205-259 Linear Technology LT4356IMS-1#PBF Mult is 50 for 500+ pricing

301-056 Fairchild Semiconductor BAT54_NL Quoting BAT54 (_NL suffix is obsolete)

301-126 Fairchild Semiconductor BAT54A_NL Quoting BAT54A (_NL suffix is obsolete)

302-122 Vishay/Siliconix SI7478DP-E3 Quoting SI7478DP-T1-GE3 (G is halogen free E is lead free T1 is reel)

302-124 Siliconix Incorporated SI7178DP Quoting SI7178DP-T1-GE3 (G is halogen free E is lead free T1 is reel)

302-129 On Semiconductor FDV301N Quoting Fairchild (not ON Semi part number)

303-005 Vishay/LPSC B340-E3 Quoting B340-E3/61T (61T is Manufacturer code for 1800 piece reel)

303-044 On Semiconductor MBRB20100CT Quoting MBRB20100CTG up to 800 MBRB20100CTT4G is 800 piece reel (MBRB20100CT is obsolete PN)

350-024 Rohm SML-210LT Quoting SML-210LTT86

400-106 AVX / KYOCERA 12061C683KAT Quoting 12061C683KAT2A (2A is packaging format)

400-402 TDK C2012X5R0J106M This part number is obsolete - stock available at the time of quote.

400-406 TDK C2012X7R1C225K This part number is obsolete - stock available at the time of quote.


400-475 TDK C3225X7R1E106M This part number is obsolete - stock available at the time of quote.

400-514 TDK Corporation C1005C0G1E561J This part number is obsolete - stock available at the time of quote.

420-144 ALL MFR APPROVED SMR0R0-3A 200V (2010) Quoting Vishay/Dale CRCW20100000Z0EF

420-566 Vishay CRCW06031003F Quoting CRCW0603100KFTA

420-583 Rohm MCR03EZPF2741 Quoting MCR03EZPFX2741

420-586 Rohm MCR03EZPF4121 Quoting MCR03EZPFX4121

420-589 Rohm MCR03EZPF10R0 Quoting MCR03EZPFX10R0

491-017 RAYCHEM CORP. NANOSMDM050F Quoting NANOSMDC050F/13.2-2

500-087 Citizen CS325-25.000MABJ-UT Quoting Citizen Finetech Miyota

662-036 Murata NFM18CC222R1C3 Quoting NFM18CC222R1C3D (D suffix is T/R)

662-053 Murata NFM21CC222R1H3 Quoting NFM21CC222R1H3 (D suffix is T/R)


102-001 Maxell CR1220 Manufacturer Panasonic - BSG

Taiyo Yuden EMK042CG060DC-FW Part obsolete quoting C0402C0G1C060D020BC

Bare Board -NCNR


TG-C02-14 Page 54 of 67


Page 11 of 15

Header Interface ~ 1001-17 Exceptions

Part MPN MFG P/N Comment

1001-17-001 Bare Board - NCNR

Video Recorder Storage Board ~ 1001-01-101E Exceptions

Cust P/N MFG MFG P/N Comments

103-104 Micron MT47H64M16HR-3IT Quoting MT47H64M16HR-3 IT:H

104-134 Maxim/Dallas DS28CM00R-A00+ Quoting DS28CM00R-A00+T

200-504 Texas Instruments SN74LVC2T45DCU Quoting SN74LVC2T45DCUR

200-526-TI Texas Instruments MAX3221IDB Quoting MAX3221IDBR (reel)

200-551-TI Texas Instruments TPS65023RSB Quoting TPS65023RSBR

200-576 Analog Devices AD7414ARTZ-0 Quoting AD7414ARTZ-0500RL7

200-597 Linear Technology LTC4151IMS#PBF Mult is 50 for 500+ pricing

200-606 Texas Instruments TLV320AIC23BIPW Quoting TLV320AIC23BIPWR

200-607 Intel ELLXT971ABE.A4 Quoting Cortina Systems ELLXT971ABE.A4-870479 supplier recommended cross for obs part

200-660 Maxim MAX5822LEUA Quoting MAX5822LEUA+

200-682 Texas Instruments TXB0102DCU Quoting TXB0102DCUR

201-097 FAIRCHILD NC7SZ08P5_NL Quoting NC7SZ08P5 (suffix NL obsolete)

201-154 TEXAS SN74AHC1G125DCK Quoting SN74AHC1G125DCKR

203-070 Texas Instruments OPA357AIDBV Quoting OPA357AIDBVR (3000 reel)

205-193 Texas Instruments LM4040A25IDBZ Quoting LM4040A25DBZR (R is 3000 reel version)

205-237 Texas Instruments TPS5450DDA Quoting TPS5450DDAR

302-117 Vishay/Siliconix SI4435BDY-E3 Quoting SI4435DDY-T1-GE3 (Supplier suggested replacement for obsolete SI4435BDY-E3) G is halogen free E is lead free

302-124 Siliconix Incorporated SI7178DP Quoting SI7178DP-T1-GE3 (G is halogen free E is lead free T1 is reel)

302-129 On Semiconductor FDV301N Quoting Fairchild (not ON Semi part number)

303-022 Diodes Inc. MBRD835LG Quoting ON Semi (MPN is not Diodes Inc)

400-304 AVX Corporation 06035C103KAT Quoting 06035C103KAT2A (2A is packaging format)


400-475 TDK C3225X7R1E106M This part number is obsolete - stock available at the time of quote.

400-476 TDK C3225X7R1E475K This part number is obsolete - stock available at the time of quote.

400-610 Kemet B45197A6476K509 Quoting T495X476K035ZTE230 (New MPN per Manufacturer)

420-566 Vishay CRCW06031003F Quoting CRCW0603100KFTA

420-589 Rohm MCR03EZPF10R0 Quoting MCR03EZPFX10R0

420-631 Panasonic ERJ-14Y0R00 Quoting ERJ-14Y0R00

420-960 Vishay WSL2010R0100F Quoting WSL2010R0100FEA

420-993 Susumu RG3216P-3303-W-T1 Quoting RG3216N-8200-W-T1 (RG3216P-3303-W-T1 obsolete)

420-994 Susumu RG3216P-5602-W-T1 Quoting RG3216N-5602-W-T1 (RG3216P-5602-W-T1 obsolete)

420-995 Lyrtech RD RG3216P-8200-W-T1 Quoting RG3216N-8200-W-T1 by Susumu (RG3216P-8200-W-T1 obsolete)

500-087 Abracom ABM3B-25.000MHZ-B2-T Manufacturer is Abracon

500-093 Abracom ABM3B-24.000MHZ-B2-T Manufacturer is Abracon 500-094 E Abracom ABM3B-12.000MHZ-B2-T Manufacturer is Abracon

500-095 Abracom ABM3B-27.000MHZ-B2-T Manufacturer is Abracon


Maxim DS3501U+-ND Quoting DS3501U+ (-ND is Digikey suffix)

Texas Instruments rSN74LVC2G34DCKR Quoting SN74LVC2G34DCKR to fix typo

Texas Instruments PCA9306DCU Quoting PCA9306DCUR (3000 reel)

Bare boards ~ NCNR


TG-C02-14 Page 55 of 67


Page 12 of 15

Exceptions: Cust P/N MFG MFG P/N Comments

1010-03 BoM does not specify MPN or metal, quoting Flat Head Machine Screw in 18-8 stainless FHSM3X4-PH-SS


1010-05 Kingston SNVP325-S2/128GBBK No quote per Addendum 3

1010-06 MILLER DIAL LA2200 Quoting Northeast Locks C520S

Assembly QTY

Turnkey Price

each Comments

1010 HDD 5‐20 $36.87

50‐100 $18.83

250 $17.98

500 $12.10

1000 $11.91

2000 $11.82

10 $36.87 Post Production



NRE $150.00

Comments:







TG-C02-14 Page 56 of 67


Page 13 of 15

Exceptions: Cust P/N MFG MFG P/N Comments



1010-05 Kingston SNVP325-S2/128GBBK No quote per Addendum 3

1010-06 MILLER DIAL LA2200 Quoting Northeast Locks C520S

Assembly QTY

Turnkey

Price each Comments

2001 Mini DAS Main (193‐101) 5‐20 $4,697.75

50‐100 $1,537.59

250 $1,223.29

500 $946.77

1000 $583.76

2000 $560.22

10 $4,697.75

50 $1,537.59

100 $1,333.56

Stenci l 1205.93

NRE 1719.71

Comments:

Exceptions noted on the attached tab.







TG-C02-14 Page 57 of 67


Page 14 of 15

(NO Exceptions)

Assembly QTY

Turnkey

Price each Comments

2001‐27 DSP Board (193‐103) 5‐20 $692.10

50‐100 $292.28

250 $244.69

500 $156.02

1000 $147.32

2000 $143.59

10 $692.10 Post production



NRE $363.69

Stenci l s $661.97

Comments:

Bare boards and custom components are NCNR







TG-C02-14 Page 58 of 67


Page 15 of 15

(NO Exceptions)

Assembly QTY

Turnkey

Price each Comments

1001‐18 Power for NextGEN 5‐20 $36.60

50‐100 $19.78

250 $19.69

500 $16.72

1000 $16.38

2000 $16.20




NRE $495.00 Tool ing fee

Comments:

Custom cables are non‐cancelable non‐returnable (NCNR)

Excess material (if applicable) has been rolled into the per unit price.






TG-C02-14 Page 59 of 67

SFE Unit Pricing Template 5‐1‐2013




qty = 50‐


add col's if

needed

1001 NextGEN Main Unit 4,464.00$ 2,243.28$ 1,310.85$ 1,261.21$ 1,224.48$ 1,214.87$ 4,464.00$ 2,243.28$ 2,097.52$ 5,455.14$

1010 HDD 36.87$ 18.83$ 17.98$ 12.10$ 11.91$ 11.82$ 36.87$ 18.83$ 18.40$ 150.00$

2001 Mini DAS main (193‐101) 2,833.16$ 626.03$ 557.73$ 395.92$ 378.60$ 371.79$ 2,833.16$ 626.03$ 525.22$ 2,925.64$

2001‐27 DSP board (193‐103) 485.42$ 195.84$ 175.00$ 130.93$ 128.24$ 126.09$ 485.42$ 195.84$ 163.32$ 1,025.59$

Cables 1001‐18 Power for NextGEN 36.60$ 19.78$ 19.69$ 16.72$ 16.38$ 16.20$ 36.60$ 19.78$ 19.78$ 495.00$

NOTES:




5/1/2013

NextGen Main Unit ~ flying probe removed

NextGen Main Unit ~ maximum potential excess material obligation = $34,000.00 (based on 5‐20 pc qty)

HDD ~ Flying probe was not quoted.

HDD ~ assembly price remains the same. Materials were not ammortized. No potential excess obligation.

Mini DAS Main ~ flying probe removed

Mini DAS Main ~ maximum potential excess material obligation = $ 34,424.00 (based on 5‐20 pc qty)

DSP Board ~ Flying probe removed

DSP Board ~ maximum potential excess material obligation = $4,013.00 ( based on 5‐20pc qty)

Power for NextGEN

Assembly price remains the same. Materials were not ammortized. No potential excess obligation.

CPU


1.b 1.c


TG-C02-14 Page 60 of 67

Attachment C

Summary of Negotiations

Contract TG-C02-14 Attachment C - Summary of Negotiations

TG-C02-14 Page 61 of 67

V I R G I N I A P O L Y T E C H N I C I N S T I T U T E A N D S T A T E U N I V E R S I T Y

A n eq ua l op po r t u n i t y , a f f i r m a t i ve ac t i o n i ns t i t u t i o n

Invent the Future

Information Technology Acquisitions 1700 Pratt Dr. (0214) Blacksburg, Virginia 24061 www.ita.vt.edu

RFP 0025576 Summary of Negotiations.

The following statements and/or revisions are agreed to as a result of negotiations and are submitted as an attachment to the original RFP 0025576 proposal submitted by Silicon Forest Electronics, Inc. that may clarify/modify or supersede the RFP 0025576 proposal, and shall be part of any resulting contract awarded. 1) Current and Future work

a) Production schedule

i) Standard production lead time will be 4 weeks or as agreed upon following final receipt of all components at Silicon Forest Electronics (SFE).

ii) Production schedules for all work will be mutually agreed upon. iii) Any changes in agreed upon schedule will be made in writing and mutually agreed

upon to take into consideration material already in stock for push-out requests or material that may need to be expedited for pull-in requests.

iv) If delivery of units exceed twice the standard delivery or agreed upon production schedule, 2% of order amount will be discounted by SFE to Virginia Tech.

b) Virginia Tech supplied parts

i) If written notice of a shortage of consigned parts is provided 2 weeks prior to when it will impact delivery, SFE will not be responsible for delivery of units for which parts are unavailable.

c) Virginia Tech is continuing development and design of the DAS and its derivatives. Subsequent production Purchase Orders for current and future designs are anticipated. For future designs, Virginia Tech agrees that it will provide sufficient technical specifications to allow SFE to develop production proposals. SFE warrants and agrees that the prices, terms, warranties, and benefits specified in any subsequent production proposals that result in Purchase Orders are comparable to or better than the equivalent prices, terms, warranties, and benefits being offered to SFE’s commercial, government, or education customer.

d) Engineering Change Orders (ECO’s)

i) ECO’s will be evaluated and handled on an individual basis to determine any change in cost basis.

2) Communication

a) Reports

i) SFE will provide their standard production and repair reports or other agreed upon reports to Virginia Tech at mutually accepted intervals or within 5 business days of a written request (print or email).


TG-C02-14 Page 62 of 67

2

ii) Examples of reports that may be provided or requested (1) Final yield (2) Error reports

(a) Time to debug/repair (b) Error list (c) Solution report

(3) Schedules (a) delivery (b) Ready to build (c) SMT

3) Shipping

a) Domestic

i) Shipments will be made FOB destination ii) Shipping costs will be

(1) Covered by SFE as stated in Notes section on page 3 of response to RFP. iii) Expedited fees will be responsibility of Virginia Tech unless expedited shipping is

required due to delay that is responsibility of SFE

b) International

i) Costs associated with international shipments will be agreed upon when this situation arrives

4) Repair Depot

a) Overview

Silicon Forest Electronics warrants that, at the time of delivery, the goods are manufactured in accordance with agreed to manufacturing practices and meet the requirements of current version of IPC-A-610, Class II; or Class III when directed by Virginia Tech’s purchase order. SFE agrees to rework all items that can be identified as workmanship related problems. SFE does not warrant the performance of the end items being manufactured or the performance of any component used in the assembly other than that specifically passed through from the component manufacturer. The workmanship warranty is to be extended to any product found to be defective of workmanship within 365 days of the delivery. Final inspection and determination whether goods are in accordance with IPC-A-610 shall be made by SFE, or other independent IPC-A-610 certified inspector. All repair work will be processed following the steps outlined below. Rates are as supplied in RFP response and apply to any issue that does not fall under the Standard Warranty. Charges will be applied to an open PO that will cover the estimate repair costs. In addition if necessary, Virginia Tech will purchase a quantity of additional boards to hold in inventory to expedite the return process and to provide a stock from which to replace boards damaged beyond repair. All repair work will be performed at production quality standards.


TG-C02-14 Page 63 of 67

3

b) Cost Structure

i) Tier 1 - equipment sent directly to SFE for debug, repair and warehousing/shipping to Virginia Tech designated site. (1) Technician labor rate ($74.50/hr) plus materials (2) If this option is chosen SFE will supply Virginia Tech with all triage, diagnostic

and test data on returned systems. ii) Tier 2 - equipment sent to SFE after initial debug performed by Virginia Tech. Any

additional debug, repair and shipping to Virginia Tech designated site will be carried out by SFE. (1) Technician labor rate ($74.50/hr) time plus materials

iii) Tier 3 - equipment sent to SFE with diagnostics complete for board level reworks requiring only repair, testing and shipping to Virginia Tech designated site. (1) Rework/Repair Labor Rate ($66.50) plus materials

c) Procedure

i) RMA requested as failures occur ii) RMA provided by SFE within 2 business days iii) Unit returned to SFE iv) Unit triaged by SFE

(1) Information provided at point of RMA request or with unit along with triage will determine responsibility of failure along with the tier of support required for non-warranty repair work.

v) Repaired or replacement unit (1) Operational unit will be returned within 5 - 10 business days or agreed upon time

after receipt of raw materials (a) If unit will take longer than 10 business days, Virginia Tech will be notified

within 8 business days with cause of delay and estimated date that unit will be returned.

(2) If agreed upon, an initial stock of 20-30 replacement boards to remain at SFE for repair depot services (a) Due diligence will be performed to try to repair faulty boards prior to

replacement with new board from stock. (b) If board is irreparable due to failure caused by workmanship or materials, SFE

will be responsible for replacing the part into the replacement stock or refunding the cost of the board.

(c) If board is irreparable due to other causes, SFE will notify Virginia Tech to determine disposition of equipment.

(d) Once stock gets below 50% of original quantity, SFE will notify Virginia Tech to determine subsequent action

(3) Following initial triage, if repair or replacement of PCB is insufficient to fix unit, Virginia Tech will be notified and corrective action and timeframe will be discussed and agreed upon by both parties


TG-C02-14 Page 64 of 67

4

(4) If replacement of board into unit is required, the faulty board will be repaired (if possible) and returned to repair stock. If available, repaired boards will be the first to be used for replacements in repairs.

(5) If repair falls outside scope of warranty, Virginia Tech will be notified of repair cost for approval if greater than 25% of unit cost prior to work being performed.

vi) Consigned parts (1) SFE agrees to administer warranty provided by manufacturer of consigned parts

e.g. if a camera fails, SFE will send the camera to the manufacturer for repair or replacement.

(2) Charges associated with the repair of consigned parts will be the responsibility of buyer

vii) Shipping (1) Return shipping charges are the responsibility of the party responsible for the

failure; e.g. non-warranty repair will be the responsibility of the buyer and warranty work will be the responsibility of SFE

viii) Report (1) Repair log for warranty and RMA units will be provided to aid in tracking

systematic failures. This information will include at least the following information (a) Diagnosis (b) Resolution


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5) Pricing

a) Pricing was revised as of 7/10/13 as follows:

6) Order Cancelation

In the event of cancellation or other withdrawal of a Purchase Order for any reason other than negligence or failure to deliver as per agreement on the part of SFE, Virginia Tech shall pay all costs incurred to that point. This includes, but is not limited to, time and materials expended by SFE's personnel, expenses and/or vendor restocking charges, and any costs associated with any pre-approved commitments made by SFE directly related to this contract. SFE will pursue best efforts in the return of unused raw material for credits to the order. Virginia Tech will be invoiced for the material not sold or returned after 30 days, after cancellation, of best efforts to return or sell any residual material. SFE will bill Virginia Tech for cancellation costs. Upon receipt of payment, SFE will deliver all material not returned and any manufactured product in as-is condition with no warranty. Virginia Tech’s limitation of obligation, unless otherwise stated, will be the maximum value of the issued purchase order(s) plus allowances defined by the paragraph below regarding excess material.


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7) Non-Cancellable/Non-Returnable Parts (NCNR)

In the course of business, SFE will undertake material orders that require NCNR parts. When that is the case Virginia Tech will be notified by e-mail and SFE will not proceed until an acknowledgement is received. With Virginia Tech’s acknowledgement, Virginia Tech assumes the responsibility of the costs of all of the parts including minimum order requirements. This acknowledgement will extend from order to order for that specific assembly unless otherwise directed. All bare boards and custom parts are considered NCNR and no further notification to Virginia Tech is required beyond this notice.

8) Excess and Obsolete Material Obligation

SFE will purchase material in order to meet Virginia Tech order demand. Because of industry requirements for materials to be purchased in minimum quantities for reels or set quantities, excess materials may be purchased to support an order. Virginia Tech assumes the responsibility for all material costs of materials purchased to support purchase orders. SFE will carry the excess material provided that purchase orders are placed that continue to consume the excess material. Any material with no demand in the prior 90 days will be billed Virginia Tech. At Virginia Tech’s option, we will ship or move the excess material to SFE’s consigned inventory stock and mark with Virginia Tech’s part numbers.

9) First Production and subsequent quotes

SFE agrees that their first production quote and quotes for any subsequent production orders against this contract will reference the terms of this contract, TG-C02-14. In addition, SFE agrees that quotes contained in their original response that included the term “Price is valid for 30 days and subject SFE Terms and Conditions” do not reference any terms not contained elsewhere in Virginia Tech Contract TG-CO2-14


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