Common use of STATEMENT OF NEEDS/SCOPE OF WORK Clause in Contracts

STATEMENT OF NEEDS/SCOPE OF WORK. A. The University is seeking a single, experienced online auction service to execute online/internet surplus property auctions for and at no cost to the University. B. The University will prepare and sequentially number all lots of items that will be offered for sale and will provide quality pictures of the merchandise and corresponding descriptions to upload to the online platform. The University is willing to upload this information to the online auction platform or provide the raw data for preparation of the online auction in the system by the awarded firm. C. Offeror must provide a secure, state of the art online bidding system that has a unique URL in which prospective bidders can register, be pre-approved, place multiple bids and receive electronic communications quickly and efficiently. The online bidding system must also provide seamless functionality to conduct all aspects of online sales, including the adding and removal of lots. D. Offeror will be responsible for collection of all winning bids. Offeror must be able to accept and process credit card transactions or other methods of electronic fund transfers with no additional transaction and/or processing fees charged to the university or the bidders. The online platform used must adhere to all industry standards and PCI compliance. Vendor represents and warrants that for the life of the contract and/or while Vendor has possession of University customer cardholder data, the software and services used for processing transactions shall be compliant with standards established by the Payment Card Industry (PCI) Security Standards Council (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇). In the case of a third-party application, the application will be listed as PA-DSS compliant at the time of implementation by the University. Vendor acknowledges and agrees that it is responsible for the security of all University customer cardholder data in its possession. Vendor agrees to indemnify and hold University, its officers, employees, and agents, harmless for, from, and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees), and expenses arising out of or relating to any loss of University customer credit card or identity information managed, retained, or maintained by Vendor, including but not limited to fraudulent or unapproved use of such credit card or identity information. Vendor shall, upon written request, furnish proof of compliance with the Payment Card Industry Data Security Standard (PCI DSS) within 10 business days of the request. Vendor agrees that, notwithstanding anything to the contrary in the Agreement or the Addendum, the University may terminate the Agreement immediately without penalty upon notice to the Vendor in the event Vendor fails to maintain compliance with the PCI DSS or fails to maintain the confidentiality or integrity of any cardholder data. Contractor agrees that if its service provider, “” becomes non-PCI compliant or a Qualified Security Assessor (QSA), or acquiring bank notifies Hi-bid/Auction Flex it is not PCI-compliant, contractor will notify the University within 15 days of this change in status. Contractor agrees that if its service Provider “Hi-bid/Auction Flex” becomes aware of an unauthorized release or breach of the cardholder data environment, Contractor will notify the university within twenty-four (24) hours. If the discovery of a breach were to occur on a weekend, Virginia Tech has a help-line (540-231-4357) that is available 24 hours a day, 7 days a week for reporting. E. Offeror must be prepared to provide to the University a full remittance check representing reconciled net proceeds within fifteen (15) business days. Payment should include a copy of the final auction results and documentation showing that all collected sales tax has been paid in accordance with the Department of Taxation. Only one remittance check per auction will be permitted. F. Offeror shall submit copies of all sales receipts no later than 3:00 PM Friday following the auction. G. Offeror shall place all gross sales proceeds in an FDIC insured bank located within the Commonwealth of Virginia and such funds must be placed in an account used exclusively for the purpose of retaining the proceeds of the auction until full reconciliation and payment is remitted to the University by the Offeror. Sales funds shall not be co-mingled with Offeror’s private funds under any circumstances. H. Auction will be advertised for pick up only. Pick Up of merchandise will be coordinated and overseen by the University Surplus Staff. Pickup begins the Saturday following the auction. Receipt’s from auction company need to be sent to Surplus no later than 3:00pm the Friday following the auction. Offeror can offer assistance with the coordination of the pickup of merchandise by remitting all paid invoices within seven (7) business days to the university and channeling any communication regarding pick up of merchandise to the Virginia Tech Surplus Property Department. I. The University will cooperate with any shipping or freight service offered and managed through Offeror’s services direct to the buyers as long as the arranged shipper or freight company takes full responsibility for pickup and packaging of the items with no additional services needed or provided by the University Surplus Department. The University’s Gross and Net proceeds shall not be affected by any offering of shipping or freight services by the Offeror to the buyers. J. Offeror will be required to advertise the University’s Auction just as the offeror advertises their other auctions. The selected Offeror is responsible for all their advertising costs. The University will also advertise the auction through its website and normal communication channels and will be responsible for its advertising costs. Offeror’s marketing and advertising costs may not be deducted from gross or net sales proceeds. K. All reports shall provide management and sale reports and make them electronically available in Microsoft Excel. L. In the event of non-payment by a buyer, said buyer shall be subject to suspension from all future auctions conducted by the offeror for Virginia Tech.

Appears in 2 contracts

Sources: Standard Contract, Standard Contract