36451813 Request for Proposals

8/8/2019 36451813 Request for Proposals

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Revised 09/07/06

RFP FORMAT

The following pages contain the format for an RFP. The preparation instructions, bracketed in

this document, are not to be included in the RFP. Each page of the RFP must be numbered.Except as noted, issuing agencies should use the titles and text outside the brackets from thisform document without change. The use of this RFP form document is required unless approvalto modify it is obtained from the Chief Procurement Officer of the Department of GeneralServices. Template letters and documents that agencies may use are also included as Exhibits 1through 13 to this form.


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REQUEST FOR PROPOSALS FOR

[Identify study/service]

ISSUING OFFICE

[Include, as a minimum, the full designation of the appropriate agency, department, office,

etc.]

RFP NUMBER

[Insert identifying number assigned by Issuing Office. Example: RFP 2006-1. This

example identifies the first RFP issued by the agency during 2006]

DATE OF ISSUANCE

[Include date]

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REQUEST FOR PROPOSALS FOR

[Insert study/service identifying number as shown on Title Page]

TABLE OF CONTENTS

CALENDAR OF EVENTS [page]

Part IGENERAL INFORMATION [page]

Part IIPROPOSAL REQUIREMENTS [page]

Part IIICRITERIA FOR SELECTION [page]

Part IVWORK STATEMENT [page]

APPENDIX A, STANDARD CONTRACT TERMS AND CONDITIONS

APPENDIX B, [To Be Used for Request for Proposals for Services Only] DOMESTIC

WORKFORCE UTILIZATION CERTIFICATION

APPENDIX C, [To Be Used If Optional Section on COSTARS Program is Included]

COSTARS PROGRAM QUESTIONNAIRE

APPENDIX D, PROPOSAL COVER SHEET

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CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

Activity Responsibility Date

Deadline to submit Questions via email to________________________[email address].

PotentialOfferors

[Optional] Preproposal ConferenceLocation.Issuing

Office/PotentialOfferors

Answers to Potential Offeror questions posted to the DGSwebsite(http://www.dgsweb.state.pa.us/comod/main.asp ) no later

than this date.

Issuing Office

Please monitor website for all communications regardingthe RFP.

PotentialOfferors

Sealed proposal must be received by the Issuing Office at[indicate address].

Offerors

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PART I

GENERAL INFORMATION

I-1.Purpose. This request for proposals (RFP) provides to those interested in submitting

proposals for the subject procurement (Offerors) sufficient information to enable them toprepare and submit proposals for the [insert name of agency]s consideration on behalf of theCommonwealth of Pennsylvania (Commonwealth) to satisfy a need for [insert title of studyor services] (Project).

I-2.Issuing Office. The [insert name of agency] (Issuing Office) has issued this RFP onbehalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shallbe [insert name, address, and e-mail address of the Issuing Officer], the Issuing Officer forthis RFP. Please refer all inquiries to the Issuing Officer.

I-3.Scope. This RFP contains instructions governing the requested proposals, including the

requirements for the information and material to be included; a description of the service to beprovided; requirements which Offerors must meet to be eligible for consideration; generalevaluation criteria; and other requirements specific to this RFP.

I-4.Problem Statement. [Insert a general statement of the purpose and scope of the work tobe done, and time constraints under which the work must be done. The problem statement

should be brief since the offeror is provided a detailed work statement in Part IV.]

Additional detail is provided in Part IV of this RFP.

I-5.Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result ofthis RFP, it will be a [Indicate the type of contract. Refer to Part I, Chapter 8, Departmentof General Services Field Procurement Handbook for examples] contract containing theStandard Contract Terms and Conditions as shown in Appendix A and available at [insert linkto DGS website for the specific terms and conditions form to be used for this contract] . TheIssuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals,in the judgment of the Issuing Office, show them to be qualified, responsible and capable ofperforming the Project.

I-6.Rejection of Proposals. The Issuing Office reserves the right, in its sole and completediscretion, to reject any proposal received as a result of this RFP.

I-7.Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs inpreparation and submission of its proposal, in participating in the RFP process or in anticipationof award of the contract.

I-8.[Optional] Preproposal Conference. [NOTE: This is optionalif the agency choosesnot to hold a conference, substitute the following language for this section: There will be

no preproposal conference for this RFP. If there are any questions, please forward them to

the Issuing Officer in accordance with Section I-9.] The Issuing Office will hold apreproposal conference as specified in the Calendar of Events. The purpose of this conference is

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to provide opportunity for clarification of the RFP. Offerors should forward all questions to theIssuing Office in accordance with Part I,Section I-9 to ensure adequate time for analysis beforethe Issuing Office provides an answer. Offerors may also ask questions at the conference. Inview of the limited facilities available for the conference, Offerors should limit theirrepresentation to [insert number of persons per Offeror the selected conference room can

accommodate, taking into consideration Issuing Office and other agency requirements]individuals per Offeror. The preproposal conference is for information only. Any answersfurnished during the conference will not be official until they have been verified, in writing, bythe Issuing Office. All questions and written answers will be posted on the Department ofGeneral Services (DGS) website as an addendum to, and shall become part of, this RFP.Attendance at the Preproposal Conference is [indicate whether optional or mandatory (torequire mandatory attendance sufficient justification must be provided to the agency

head). If the agency wants a mandatory preproposal conference, include: Failure to

attend the preproposal conference shall disqualify an Offeror from consideration for the

contract to be awarded from this RFP, and its proposal will be returned unopened.] .

I-9. Questions & Answers. If an Offerorhas any questions regarding this RFP, the Offerormust submit the questions by email (with the subject line RFP [insert RFP number]Question) to the Issuing Officer named in Part I,Section I-2 of the RFP. If the Offerorhasquestions, they must be submitted via email no later than the date indicated on the Calendar ofEvents. The Offerorshall not attempt to contact the Issuing Officer by any other means. TheIssuing Officer shall post the answers to the questions on the DGS website by the date stated onthe Calendar of Events.

All questions and responses as posted on the DGS website are considered as an addendum to,and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall beresponsible to monitor the DGS website for new or revised RFP information. The Issuing Officeshall not be bound by any verbal information nor shall it be bound by any written informationthat is not either contained within the RFP or formally issued as an addendum by the IssuingOffice. The Issuing Office does not consider questions to be a protest of the specifications or ofthe solicitation. The required protest process for Commonwealth procurements is described onthe DGS website [or for those RFPs issued by agencies other than DGS, replace on theDGS website with the appropriate location where the agency protest procedures may be

found].

I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of thisRFP before the proposal response date, the Issuing Office will post an addendum to the DGSwebsite at www.dgsweb.state.pa.us/comod/main.asp . It is the Offerors responsibility toperiodically check the website for any new information or addenda to the RFP. Answers to thequestions asked during the Questions & Answers period also will be posted to the website as anaddendum to the RFP.

I-11. Response Date. To be considered for selection, hard copies of proposals must arrive atthe Issuing Office on or before the time and date specified in the RFP Calendar of Events. TheIssuing Office will not accept proposals via email or facsimile transmission. Offerors who sendproposals by mail or other delivery service should allow sufficient delivery time to ensure timely

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receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, theCommonwealth office location to which proposals are to be returned is closed on the proposalresponse date, the deadline for submission will be automatically extended until the nextCommonwealth business day on which the office is open, unless the Issuing Office otherwisenotifies Offerors. The hour for submission of proposals shall remain the same. The Issuing

Office will reject, unopened, any late proposals.

I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP,using the format provided in Part II, providing [insert number of copies]paper copies of theproposal to the Issuing Office. In addition to the paper copies of the proposal, Offerors shallsubmit one complete and exact copy of the technical proposal on CD-ROM in Microsoft Officeor Microsoft Office-compatible format. The Offeror shall make no other distribution of itsproposal to any other Offeror or Commonwealth official or Commonwealth consultant. Eachproposal page should be numbered for ease of reference. An official authorized to bind theOfferor to its provisions must sign the proposal. For this RFP, the proposal must remain validfor [insert number of days, normally 120 taking into consideration time required for

evaluation of proposals and processing of the contract] days or until a contract is fullyexecuted. If the Issuing Office selects the Offerors proposal for award, the contents of theselected Offerors proposal will become, except to the extent the contents are changed throughBest and Final Offers or negotiations, contractual obligations. The information in the proposalwill become a public record upon contract execution, except as limited by Section 106 (b)(1) ofthe Commonwealth Procurement Code, 62 Pa. C.S. 106 (b)(1).

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it,except that the Offeror may withdraw its proposal by written notice received at the IssuingOffices address for proposal delivery prior to the exact hour and date specified for proposalreceipt. An Offeror or its authorized representative may withdraw its proposal in person prior tothe exact hour and date set for proposal receipt, provided the withdrawing person providesappropriate identification and signs a receipt for the proposal. An Offeror may modify itssubmitted proposal prior to the exact hour and date set for proposal receipt only by submitting anew sealed proposal or sealed modification which complies with the RFP requirements.

I-13. Disadvantaged Business Information. [If the contract involves the use of Federalhighway, transit or aviation funds originating from the Federal Highway Administration

(FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration

(FAA) or the National Highway Transportation Safety Administration (NHTSA), then the

requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth

in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard

requirements of this Section. Otherwise, use the text provided in this Section I-13 in its

entirety.] The Issuing Office encourages participation by small disadvantaged businesses asprime contractors, joint ventures and subcontractors/suppliers and by socially disadvantagedbusinesses as prime contractors.

Small Disadvantaged Businesses are small businesses that are owned or controlled by a majorityof persons, not limited to members of minority groups, who have been deprived of the

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opportunity to develop and maintain a competitive position in the economy because of socialdisadvantages. The term includes:

a. Department of General Services Bureau of Minority and Women BusinessOpportunities (BMWBO)-certified minority business enterprises (MBEs) and

women business enterprises (WBEs) that qualify as small businesses; and

b. United States Small Business Administration-certified small disadvantagedbusinesses or 8(a) small disadvantaged business concerns.

Small businesses are businesses in the United States that are independently owned, are notdominant in their field of operation, employ no more than 100 persons and earn less than $20million in gross annual revenues ($25 million in gross annual revenues for those businesses inthe information technology sales or service business).

Socially disadvantaged businesses are businesses in the United States that BMWBO determines

are owned or controlled by a majority of persons, not limited to members of minority groups,who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as socially disadvantaged, the offeror mustinclude in its proposal clear and convincing evidence to establish that the business has personallysuffered racial or ethnic prejudice or cultural bias stemming from the business persons color,ethnic origin or gender.

Questions regarding this Program can be directed to:

Department of General ServicesBureau of Minority and Women Business OpportunitiesRoom 611, North Office BuildingHarrisburg, PA 17125Phone: (717) 787-6708Fax: (717) 772-0021Email: [email protected]

Program information and a database of BMWBO-certified minority- and women-ownedbusinesses can be accessed at www.dgs.state.pa.us/bcabd. The federal vendor database can beaccessed at www.ccr.gov by pointing to Search and selecting Dynamic Small Business Search(choose Required (Active Certifications only) for the Small Disadvantaged Business option).

I-14. Information Concerning Small Businesses in Enterprise Zones. [If the contract

involves the use of Federal highway, transit or aviation funds originating from the Federal

Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal

Aviation Administration (FAA) or the National Highway Transportation Safety

Administration (NHTSA), then the requirements of the Federal Disadvantaged Business

Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must

be adhered to in lieu of the standard requirements of this Section. Otherwise, use the text

provided in this Section I-14 in its entirety.] The Issuing Office encourages participation by

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small businesses, whose primary or headquarters facility is physically located in areas theCommonwealth has identified as Designated Enterprise Zones, as prime contractors, jointventures and subcontractors/suppliers.

The definition of headquarters includes, but is not limited to, an office or location that is the

administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting thebusiness of the company on a regular and routine basis so as to contribute to the economicdevelopment of the geographical area in which the office or business is geographically located.

Small businesses are businesses in the United States that are independently owned, are notdominant in their field of operation, employ no more than 100 persons and earn less than $20million in gross annual revenues ($25 million in gross annual revenues for those businesses inthe information technology sales or service business).

There is no database or directory of small businesses located in Designated Enterprise Zones.

Information on the location ofDesignated Enterprise Zones can be obtained by contacting:

Aldona M. KartorieCenter for Community BuildingPA Department of Community and Economic Development4th Floor, Commonwealth Keystone Building400 North StreetHarrisburg, PA 17120-0225Phone: (717) 720-7409Fax: (717) 787-4088Email: [email protected]

I-15. Economy of Preparation. Offerors should prepare proposals simply and economically,providing a straightforward, concise description of the Offerors ability to meet the requirementsof the RFP. [Issuing Office may include limit on the number of pages of the proposal.]

I-16. Alternate Proposals. The Issuing Office has identified the basic approach to meeting itsrequirements, allowing Offerors to be creative and propose their best solution to meeting theserequirements. The Issuing Office will not accept alternate proposals.

I-17. Discussions for Clarification. Offerors may be required to make an oral or writtenclarification of their proposals to the Issuing Office to ensure thorough mutual understanding andOfferor responsiveness to the solicitation requirements. The Issuing Office will initiate requestsfor clarification.

I-18. Prime Contractor Responsibilities. The contract will require the selected Offeror toassume responsibility for all services offered in its proposal whether it produces them itself or bysubcontract. The Issuing Office will consider the selected Offeror to be the sole point of contactwith regard to contractual matters.

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I-19. Proposal Contents. Offerors should not label proposal submissions as confidential or proprietary. The Issuing Office will hold all proposals in confidence and will not reveal ordiscuss any proposal with competitors for the contract, unless disclosure is required:

i) Under the provisions of any Commonwealth or United States statute or

regulation; or

ii) By rule or order of any court of competent jurisdiction.

After a contract is executed, however, the successful proposal is considered a public record undertheRight-to Know Law, 65 P.S. 66.166.9, and therefore subject to disclosure. The financialcapability information submitted underPart II,Section II-7 shall not be disclosed in the finalcontract. All material submitted with the proposal becomes the property of the Commonwealthof Pennsylvania and may be returned only at the Issuing Offices option. The Issuing Office, inits sole discretion, may include any person other than competing Offerors on its proposalevaluation committee. The Issuing Office has the right to use any or all ideas presented in any

proposal regardless of whether the proposal becomes part of a contract.

I-20. Best and Final Offers. The Issuing Office reserves the right to conduct discussions withOfferors for the purpose of obtaining best and final offers. To obtain best and final offers fromOfferors, the Issuing Office may do one or more of the following:

i) Enter into pre-selection negotiations, including the use of an onlineauction;

ii) Schedule oral presentations; and

iii) Request revised proposals.

The Issuing Office will limit any discussions to responsible Offerors (those that have submittedresponsive proposals and possess the capability to fully perform the contract requirements in allrespects and the integrity and reliability to assure good faith performance) whose proposals theIssuing Office has determined to be reasonably susceptible of being selected for award. TheCriteria for Selection found in Part III,Section III-4, shall also be used to evaluate the best andfinal offers. Price reductions offered through any reverse online auction shall have no effectupon the Offerors Technical Submittal. Dollar commitments to Disadvantaged Businesses andEnterprise Zone Small Businesses can be reduced only in the same percentage as the percentreduction in the total price offered through negotiations, including the online auction.

I-21. News Releases. Offerors shall not issue news releases, Internet postings, advertisementsor any other public communications pertaining to this Project without prior written approval ofthe Issuing Office, and then only in coordination with the Issuing Office.

I-22. Restriction of Contact. From the issue date of this RFP until the Issuing Office selectsa proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Anyviolation of this condition may be cause for the Issuing Office to reject the offending Offerors

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proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations ofthis condition, the Issuing Office may reject the offending Offerors proposal or rescind itscontract award. Offerors must agree not to distribute any part of their proposals beyond theIssuing Office. An Offeror who shares information contained in its proposal with otherCommonwealth personnel and/or competing Offeror personnel may be disqualified.

I-23. Debriefing Conferences. Offerors whose proposals are not selected will be notified ofthe name of the selected Offeror and given the opportunity to be debriefed. The Issuing Officewill schedule the time and location of the debriefing. The debriefing will not compare theOfferor with other Offerors, other than the position of the Offerors proposal in relation to allother Offeror proposals. An Offerors exercise of the opportunity to be debriefed does notconstitute the filing of a protest.

I-24. Issuing Office Participation. Offerors shall provide all services, supplies, facilities, andother support necessary to complete the identified work, except as otherwise provided in thisPart I, Section I-24. [Indicate the number and type of Issuing Office personnel to be

assigned to this effort, and specify the function to be performed (e.g., project officer,programmers, clerical support or training). Also, indicate whether or not the Issuing

Office will provide office space, reproduction facilities or other logistical support.]

I-25. Term of Contract. The term of the contract will commence on the Effective Date andwill end [insert timeframe, either number of days or a fixed termination date]. The IssuingOffice will fix the Effective Date after the contract has been fully executed by the selectedOfferor and by the Commonwealth and all approvals required by Commonwealth contractingprocedures have been obtained. The selected Offeror shall not start the performance of any workprior to the Effective Date of the contract and the Commonwealth shall not be liable to pay theselected Offeror for any service or work performed or expenses incurred before the EffectiveDate of the contract.

I-26. Offerors Representations and Authorizations. By submitting its proposal, eachOfferor understands, represents, and acknowledges that:

a. All of the Offerors information and representations in the proposal are materialand important, and the Issuing Office may rely upon the contents of the proposalin awarding the contract(s). The Commonwealth shall treat any misstatement,omission or misrepresentation as fraudulent concealment of the true facts relatingto the Proposal submission, punishable pursuant to 18 Pa. C.S. 4904.

b. The Offeror has arrived at the price(s) and amounts in its proposal independentlyand without consultation, communication, or agreement with any other Offeror orpotential offeror.

c. The Offeror has not disclosed the price(s), the amount of the proposal, nor theapproximate price(s) or amount(s) of its proposal to any other firm or person whois an Offeror or potential offeror for this RFP, and the Offeror shall not disclose

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any of these items on or before the proposal submission deadline specified in theCalendar of Events of this RFP.

d. The Offeror has not attempted, nor will it attempt, to induce any firm or person torefrain from submitting a proposal on this contract, or to submit a proposal higher

than this proposal, or to submit any intentionally high or noncompetitive proposalor other form of complementary proposal.

e. The Offeror makes its proposal in good faith and not pursuant to any agreement ordiscussion with, or inducement from, any firm or person to submit acomplementary or other noncompetitive proposal.

f. To the best knowledge of the person signing the proposal for the Offeror, theOfferor, its affiliates, subsidiaries, officers, directors, and employees are notcurrently under investigation by any governmental agency and have not in the lastfour years been convicted or found liable for any act prohibited by State or

Federal law in any jurisdiction, involving conspiracy or collusion with respect tobidding or proposing on any public contract, except as the Offeror has disclosedin its proposal.

g. To the best of the knowledge of the person signing the proposal for the Offerorand except as the Offeror has otherwise disclosed in its proposal, the Offeror hasno outstanding, delinquent obligations to the Commonwealth including, but notlimited to, any state tax liability not being contested on appeal or other obligationof the Offeror that is owed to the Commonwealth.

h. The Offeror is not currently under suspension or debarment by theCommonwealth, any other state or the federal government, and if the Offerorcannot so certify, then it shall submit along with its proposal a written explanationof why it cannot make such certification.

i. The Offeror has not made, under separate contract with the Issuing Office, anyrecommendations to the Issuing Office concerning the need for the servicesdescribed in its proposal or the specifications for the services described in theproposal.

j. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies torelease to the Commonwealth information concerning the Offeror's Pennsylvaniataxes, unemployment compensation and workers compensation liabilities.

k. Until the selected Offeror receives a fully executed and approved written contractfrom the Issuing Office, there is no legal and valid contract, in law or in equity,and the Offeror shall not begin to perform.

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I-27. Notification of Selection. The Issuing Office will notify the selected Offeror in writingof its selection for negotiation after the Issuing Office has determined, taking into considerationall of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

I-28. RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at

http://www.dgs.state.pa.us [For those RFPs issued by agencies other than DGS, replaceon the DGS website with the appropriate location where the agency protest proceduresmay be found]. A protest by a party not submitting a proposal must be filed within seven daysafter the protesting party knew or should have known of the facts giving rise to the protest, butno later than the proposal submission deadline specified in the Calendar of Events of the RFP.Offerors may file a protest within seven days after the protesting Offeror knew or should haveknown of the facts giving rise to the protest, but in no event may an Offeror file a protest laterthan seven days after the date the notice of award of the contract is posted on the DGS website.The date of filing is the date of receipt of the protest. A protest must be filed in writing with theIssuing Office.

I-29. [OPTIONAL: To be used if the RFP is made available by electronic means] Use ofElectronic Versions of this RFP. This RFP is being made available by electronic means. If anOfferor electronically accepts the RFP, the Offeror acknowledges and accepts full responsibilityto insure that no changes are made to the RFP. In the event of a conflict between a version of theRFP in the Offerors possession and the Issuing Offices version of the RFP, the Issuing Officesversion shall govern.

I-30. [OPTIONAL: Insert, if applicable, additional Federal Regulatory Requirements for

this RFP.]

I-31. [OPTIONAL: To be used as applicable.] COSTARS PROGRAM

COSTARS Purchasers. Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. 1902 (Section 1902), authorizes local public procurement units and state-affiliated entities(together, COSTARS Purchasers) to participate in Commonwealth procurement contracts thatthe Department of General Services (DGS) may choose to make available to COSTARSPurchasers. DGS has identified this Contract as one suitable for COSTARS Purchaserparticipation.

A. Only those COSTARS Purchasers registered with DGS may participate asCOSTARS Purchasers in a Commonwealth contract. Several thousandCOSTARS Purchasers are currently registered with DGS; therefore, theContractor agrees to permit only to DGS-registered COSTARS members to

make COSTARS purchases from this Contract.

1. A local public procurement unit is:

Any political subdivision;

Any public authority;

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Any tax exempt, nonprofit educational or public healthinstitution or organization;

Any nonprofit fire, rescue, or ambulance company; and

To the extent provided by law, any other entity, including acouncil of governments or an area government that expends public

funds for the procurement of supplies, services, and construction.

2. A state-affiliated entity is a Commonwealth authority or otherCommonwealth entity that is not a Commonwealth agency. The termincludes the Pennsylvania Turnpike Commission, the PennsylvaniaHousing Finance Agency, the Pennsylvania Municipal Retirement System,the Pennsylvania Infrastructure Investment Authority, the State PublicSchool Building Authority, the Pennsylvania Higher Educational FacilitiesAuthority and the State System of Higher Education.

B. COSTARS Purchasers have the option to purchase from a Contract awarded underthis procurement, from any DGS contract established exclusively for COSTARSPurchasers in accordance with the requirements of Section 1902, from any othercooperative procurement contracts, or from their own procurement contractsestablished in accordance with the applicable laws governing such procurements. TheContractor understands and acknowledges that there is no guarantee that anyprospective COSTARS Purchaser will place an order under this Contract, and that itis within the sole discretion of the registered COSTARS Purchaser whether to procurefrom this Contract or to use another procurement vehicle.

C. DGS is acting as a facilitator for COSTARS Purchasers who may wish to purchaseunder this Contract. Registered COSTARS Purchasers who participate in this

Contract and issue purchase orders (POs) to Contractors are third partybeneficiaries who have the right to sue and be sued for breach of this contract withoutjoining the Commonwealth or DGS as a party. The Commonwealth will not intervenein any action between a Contractor and a Purchaser unless substantial interests of theCommonwealth are involved.

D. Registered COSTARS Purchasers electing to participate in this Contract will orderitems directly from the Contractor and be responsible for payment directly to theContractor.

E. The Contractor shall furnish to the DGS COSTARS Program Office a quarterly

electronic Contract sales report detailing the previous quarters Contract purchasingactivity, using the form and in the format prescribed by DGS. The Contractor shallsubmit its completed quarterly report no later than the fifteenth calendar day of thesucceeding Contract quarter.

1. Until such time as DGS may provide the Contractor written notice ofautomated report filing, the Contractor shall either e-mail the reports [email protected] or send the reports on compact disc via US

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Postal Service to the DGS COSTARS Program Office, Bureau ofProcurement, 6th Floor Forum Place, 555 Walnut Street, Harrisburg, PA17101. When DGS has instituted automated reporting, the Contractorshall comply with DGSs written notice and instructions on automatedContract reports. DGS will provide these instructions with sufficient

advance time to permit the Contractor to undertake automated reporting.

2. The Contractor shall include on each report the Contractors name andaddress, the Contract number, and the period covered by the report. Foreach PO received, the Contractor shall include on the report the name ofeach COSTARS-Registered Purchaser that has used the Contract alongwith the total dollar volume of sales to the specific Purchaser for thereporting period.

3. DGS may suspend the Contractors participation in the COSTARSProgram for failure to provide the Quarterly Sales Report within the

specified time.

F. Additional information regarding the COSTARS Program is available on the DGSCOSTARS Website at www.dgs.state.pa.us/costars .

1. If the Contractor is aware of any qualified entity not currently registeredand wishing to participate in the COSTARS Program, please refer the potential purchaser to the DGS COSTARS Website atwww.dgs.state.pa.us/costars , where it may register by completing theonline registration form and receiving DGS confirmation of itsregistration. To view a list of currently-registered COSTARS memberentities, please visit the COSTARS website.

2. Direct all questions concerning the COSTARS Program to:

Department of General ServicesCOSTARS Program555 Walnut Street, 6th FloorHarrisburg, PA 17101

Telephone: [email protected]

I-32. [OPTIONAL: To be used as applicable.] Participating Addendum with an External

Procurement Activity.

Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. 1902, permitsexternal procurement activities to participate in cooperative purchasing agreements forthe procurement of services, supplies or construction.

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a. Definitions. The following words and phrases have the meanings set forth in thissubsection a ofPart I,Section I-31:

1) External procurement activity: The term, as defined in 62 Pa. C. S.

1901, means a buying organization not located in the Commonwealth [ofPennsylvania] which if located in this Commonwealth would qualify as apublic procurement unit [under 62 Pa. C.S. 1901]. An agency of theUnited States is an external procurement activity.

2) Participating addendum: A bilateral agreement executed by theContractor and an external procurement activity that clarifies the operationof the Contract for the external procurement activity concerned. Theterms and conditions in any participating addendum shall affect only theprocurements of the purchasing entities under the jurisdiction of theexternal procurement activity signing the participating addendum.

3) Public procurement unit: The term, as defined in 62 Pa. C. S. 1901,means a local public procurement unit or purchasing agency.

4) Purchasing agency: The term, as defined in 62 Pa. C. S. 103, means aCommonwealth agency authorized by this part or any other law to enterinto contracts for itself or as the agent of another Commonwealth agency.

b. General. A participating addendum shall incorporate the terms and conditions ofthe Contract resulting from this RFP. The Contractor shall not be required toenter into any participating addendum.

c. Additional Terms.

1) A participating addendum may include additional terms that arerequired by the law governing the external procurement activity.

2) A participating addendum may include new, mutually agreed uponterms that clarify ordering procedures specific to a participatingexternal procurement activity.

3) The construction and effect of any participating addendum shall begoverned by and construed in accordance with the laws governingthe external procurement activity.

4) If an additional term requested by the external procurementactivity will result in an increased cost to the Contractor,the Contractor shall adjust its pricing up or downaccordingly.

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d. Prices.

1) Price adjustment. For any costs affecting the percent markup thatthe Contractor will or will not incur or that differ from costsincurred or not incurred in the fulfillment of this Contract, the

Contractor shall adjust its pricing up or down accordingly. Thesecosts may include, but not be limited to:

a) State and local taxes;

b) Unemployment and workers compensation fees;

c) E-commerce transaction fees; and

d) Costs associated with additional terms, established pursuantto this Part I, Section I-32.

2) The Contractors pricing for an external procurement activity shall be firm and fixed for the duration of the initial term of theContract. After the initial term of the Contract, if the Contract isrenewed, the Contractors pricing may be adjusted up or downbased on market conditions only with the mutual agreement ofboth the Contractor and any external procurement activity.

e. Usage Reports on External Procurement Activities. The Contractorshall furnish to the Contracting Officer an electronic quarterly usagereport, preferably in spreadsheet format no later than the fifteenth calendarday of the succeeding calendar quarter. Reports shall be e-mailed to theContracting Officer for the Contract. Each report shall indicate the nameand address of the Contractor, contract number, period covered by thereport, the name of the external procurement activity that has used theContract and the total volume of sales to the external procurement activityfor the reporting period.

f. Electronic Copy of Participating Addendum. The Contractor, uponrequest of the Contracting Officer, shall submit one electronic copy of theparticipating addendum to the Contracting Officer within ten days afterrequest.

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PART II

PROPOSAL REQUIREMENTS

Offerors must submit their proposals in the format, including heading descriptions, outlined

below. To be considered, the proposal must respond to all requirements in this part of the RFP.Offerors should provide any other information thought to be relevant, but not applicable to theenumerated categories, as an appendix to the Proposal. All cost data relating to this proposal andall Disadvantaged Business cost data should be kept separate from and not included in theTechnical Submittal. Each Proposal shall consist of the following three separately sealedsubmittals:

a. Technical Submittal, which shall be a response to RFP Part II, Sections II-1through II-8;

b. Disadvantaged Business Submittal, in response to RFP Part II, Section II-9; and

c. Cost Submittal, in response to RFP Part II, Section II-10.

The Issuing Office reserves the right to request additional information which, in the IssuingOffices opinion, is necessary to assure that the Offerors competence, number of qualifiedemployees, business organization, and financial resources are adequate to perform according tothe RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of theOfferor to perform the Project, and the Offeror shall furnish to the Issuing Office all requestedinformation and data. The Issuing Office reserves the right to reject any proposal if the evidencesubmitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeroris properly qualified to carry out the obligations of the RFP and to complete the Project asspecified.

II-1. Statement of the Problem. State in succinct terms your understanding of the problempresented or the service required by this RFP.

II-2. Management Summary. Include a narrative description of the proposed effort and a listof the items to be delivered or services to be provided.

II-3. Work Plan. Describe in narrative form your technical plan for accomplishing the work.Use the task descriptions in Part IV of this RFP as your reference point. Modifications of thetask descriptions are permitted; however, reasons for changes should be fully explained. Indicatethe number of person hours allocated to each task. Include a Program Evaluation and ReviewTechnique (PERT) or similar type display, time related, showing each event. If more than oneapproach is apparent, comment on why you chose this approach.

II-4. Prior Experience. Include experience in [insert the type of service or study that is thesubject of the RFP; also insert reference to any special techniques or experience the agency

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considers necessary to accomplish the job]. Experience shown should be work done byindividuals who will be assigned to this project as well as that of your company. Studies orprojects referred to must be identified and the name of the customer shown, including the name,address, and telephone number of the responsible official of the customer, company, or agencywho may be contacted.

II-5. Personnel. Include the number of executive and professional personnel, analysts,auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Showwhere these personnel will be physically located during the time they are engaged in the Project.For key personnel [The agency should define the types of employees it considers to be key],include the employees name and, through a resume or similar document, the Project personnelseducation and experience in [insert the type of service or study that is the subject of the RFP;also insert reference to any special techniques or experience the agency considers necessary

to the accomplishment of the job]. Indicate the responsibilities each individual will have inthis Project and how long each has been with your company. Identify by name anysubcontractors you intend to use and the services they will perform.

II-6. Training. If appropriate, indicate recommended training of agency personnel. Includethe agency personnel to be trained, the number to be trained, duration of the program, place oftraining, curricula, training materials to be used, number and frequency of sessions, and numberand level of instructors.

II-7. Financial Capability. Describe your companys financial stability and economiccapability to perform the contract requirements. Financial documents such as audited financialstatements or recent tax returns will be acceptable to the Commonwealth.

II-8. Objections and Additions to Standard Contract Terms and Conditions. The Offerorwill identify which, if any, of the terms and conditions (contained in Appendix A) it would liketo renegotiate and what additional terms and conditions the Offeror would like to add to thestandard contract terms and conditions. The Offerors failure to make a submission under thisparagraph will result in its waiving its right to do so later, but the Issuing Office may considerlate objections and requests for additions if to do so, in the Issuing Offices sole discretion,would be in the best interest of the Commonwealth. The Issuing Office may, in its solediscretion, accept or reject any requested changes to the standard contract terms and conditions.The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offerorrequest to completely substitute its own terms and conditions for Appendix A. All terms andconditions must appear in one integrated contract. The Issuing Office will not accept referencesto the Offerors, or any other, online guides or online terms and conditions contained in anyproposal.

Regardless of any objections set out in its proposal, the Offeror must submit its proposal,including the cost proposal, on the basis of the terms and conditions set out in Appendix A. TheIssuing Office will reject any proposal that is conditioned on the negotiation of terms andconditions other than those set out in Appendix A. [When possible the agency should indicatewhich terms and conditions are not negotiable.]

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II-9. Disadvantaged Business Submittal. [If the contract involves the use of Federal

highway, transit or aviation funds originating from the Federal Highway Administration

(FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration

(FAA) or the National Highway Transportation Safety Administration (NHTSA), then the

requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forthin Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard

requirements of this Section. Otherwise, use the text provided in this Section II-9 in its

entirety.]

a. Disadvantaged Business Information.

i) To receive credit for being a Small Disadvantaged Business or a SociallyDisadvantaged Business or for entering into a joint venture agreementwith a Small Disadvantaged Business or for subcontracting with a SmallDisadvantaged Business (including purchasing supplies and/or servicesthrough a purchase agreement), an Offeror must include proof of

Disadvantaged Business qualification in the Disadvantaged BusinessSubmittal of the proposal, as indicated below:

1) A Small Disadvantaged Businesses certified by BMWBO as anMBE/WBE must provide a photocopy of their BMWBOcertificate.

2) Small Disadvantaged Businesses certified by the U.S. SmallBusiness Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. 636(a)) as an 8(a) or smalldisadvantaged business must submit proof of U.S. Small Business

Administration certification. The owners of such businesses mustalso submit proof of United States citizenship.

3) All businesses claiming Small Disadvantaged Business status,whether as a result of BMWBO certification or U.S. SmallBusiness Administration certification as an 8(a) or smalldisadvantaged business, must attest to the fact that the business has100 or fewer employees.

4) All businesses claiming Small Disadvantaged Business status,whether as a result of BMWBO certification or U.S. Small

Business Administration certification as an 8(a) or smalldisadvantaged business, must submit proof that their gross annualrevenues are less than $20,000,000 ($25,000,000 for thosebusinesses in the information technology sales or service business).This can be accomplished by including a recent tax return oraudited financial statement.

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ii) All businesses claiming status as a Socially Disadvantaged Business mustinclude in the Disadvantaged Business Submittal of the proposal clear andconvincing evidence to establish that the business has personally sufferedracial or ethnic prejudice or cultural bias stemming from the business persons color, ethnic origin or gender. The submitted evidence of

prejudice or bias must:

1) Be rooted in treatment that the business person has experienced inAmerican society, not in other countries.

2) Show prejudice or bias that is chronic and substantial, not fleetingor insignificant.

3) Indicate that the business persons experience with the racial orethnic prejudice or cultural bias has negatively impacted his or herentry into and/or advancement in the business world.

BMWBO shall determine whether the Offeror has established that abusiness is socially disadvantaged by clear and convincing evidence.

iii) In addition to the above verifications, the Offeror must include in theDisadvantaged Business Submittal of the proposal the followinginformation:

1) The name and telephone number of the Offerors project (contact)person for the Small Disadvantaged Business.

2) The business name, address, name and telephone number of the primary contact person for each Small Disadvantaged Businessincluded in the proposal. The Offeror must specify each SmallDisadvantaged Business to which it is making commitments. TheOfferor will not receive credit for stating that it will find a SmallDisadvantaged Business after the contract is awarded or for listingseveral businesses and stating that one will be selected later.

3) The specific work, goods or services each Small DisadvantagedBusiness will perform or provide.

4) The estimated dollar value of the contract to each SmallDisadvantaged Business.

5) Of the estimated dollar value of the contract to each SmallDisadvantaged Business, the percent of the total value of servicesor products purchased or subcontracted that will be provided by theSmall Disadvantaged Business directly.

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6) The location where each Small Disadvantaged Business willperform these services.

7) The timeframe for each Small Disadvantaged Business to provideor deliver the goods or services.

8) The amount of capital, if any, each Small Disadvantaged Businesswill be expected to provide.

9) The form and amount of compensation each Small DisadvantagedBusiness will receive.

10) For a joint venture agreement, a copy of the agreement, signed byall parties.

11) For a subcontract, a signed subcontract or letter of intent.

iv) The Offeror is required to submit only one copy of its DisadvantagedBusiness Submittal. The submittal shall be clearly identified asDisadvantaged Business information and sealed in its own envelope,separate from the remainder of the proposal.

v) The Offeror must include the dollar value of the commitment to eachSmall Disadvantaged Business in the same sealed envelope with itsDisadvantaged Business Submittal. The following will become acontractual obligation once the contract is fully executed:

1) The amount of the selected Offerors Disadvantaged Businesscommitment;

2) The name of each Small Disadvantaged Business; and

3) The services each Small Disadvantaged Business will provide,including the timeframe for performing the services.

vi) A Small Disadvantaged Business can be included as a subcontractor withas many prime contractors as it chooses in separate proposals.

vii) An Offeror that qualifies as a Small Disadvantaged Business and submitsa proposal as a prime contractor is not prohibited from being included as asubcontractor in separate proposals submitted by other Offerors.

b. Enterprise Zone Small Business Participation.

i) To receive credit for being an enterprise zone small business or enteringinto a joint venture agreement with an enterprise zone small business or

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subcontracting with an enterprise zone small business, an Offeror mustinclude the following information in the Disadvantaged BusinessSubmittal of the proposal:

1) Proof of the location of the business headquarters (such as a lease

or deed or Department of State corporate registration), including adescription of those activities that occur at the site to support theother businesses in the enterprise zone.

2) Confirmation of the enterprise zone in which it is located (obtainedfrom the local enterprise zone office).

3) Proof of United States citizenship of the owners of the business.

4) Certification that the business employs 100 or fewer employees.

5) Proof that the business gross annual revenues are less than$20,000,000 ($25,000,000 for those businesses in the informationtechnology sales or service business). This can be accomplishedby including a recent tax return or audited financial statement.

6) Documentation of business organization, if applicable, such asarticles of incorporation, partnership agreement or other documentsof organization.

ii) In addition to the above verifications, the Offeror must include in theDisadvantaged Business Submittal of the proposal the followinginformation:

1) The name and telephone number of the Offerors project (contact)person for the Enterprise Zone Small Business.

2) The business name, address, name and telephone number of theprimary contact person for each Enterprise Zone Small Businessincluded in the proposal. The Offeror must specify each EnterpriseZone Small Business to which it is making commitments. TheOfferor will not receive credit for stating that it will find anEnterprise Zone Small Business after the contract is awarded or forlisting several businesses and stating that one will be selected later.

3) The specific work, goods or services each Enterprise Zone SmallBusiness will perform or provide.

4) The estimated dollar value of the contract to each Enterprise ZoneSmall Business.

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5) Of the estimated dollar value of the contract to each EnterpriseZone Small Business, the percent of the total value of services orproducts purchased or subcontracted that each Enterprise ZoneSmall Business will provide.

6) The location where each Enterprise Zone Small Business willperform these services.

7) The timeframe for each Enterprise Zone Small Business to provideor deliver the goods or services.

8) The amount of capital, if any, each Enterprise Zone Small Businesswill be expected to provide.

9) The form and amount of compensation each Enterprise Zone SmallBusiness will receive.

10) For a joint venture agreement, a copy of the agreement, signed byall parties.

11) For a subcontract, a signed subcontract or letter of intent.

iii) The dollar value of the commitment to each Enterprise Zone SmallBusiness must be included in the same sealed envelope with theDisadvantaged Business Submittal of the proposal. The following willbecome a contractual obligation once the contract is fully executed:

1) The amount of the selected Offerors Enterprise Zone SmallBusiness commitment;

2) The name of each Enterprise Zone Small Business; and

3) The services each Enterprise Zone Small Business will provide,including the timeframe for performing the services.

II-10. Cost Submittal. The information requested in this Part II, Section II-10 shall constitutethe Cost Submittal. The Cost Submittal shall be placed in a separate sealed envelope within thesealed proposal, separated from the technical submittal. The total proposed cost shall be brokendown into the following components: [Use the appropriate items in the following format. Ifthe project will involve costs over more than one year, show fiscal year breakdowns.

Provide Offerors with a cost worksheet to be completed where appropriate.] Offerorsshould not include any assumptions in their cost submittals. If the Offeror includes assumptionsin its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writingto the Issuing Office pursuant to Part I, Section I-9, of this RFP any questions about whether acost or other component is included or applies. All Offerors will then have the benefit of theIssuing Offices written answer so that all proposals are submitted on the same basis.

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a. Direct Labor Costs. Itemize to show the following for each category ofpersonnel with a different hourly rate:

i) Category (e.g., partner, project manager, analyst, senior auditor, research

associate).

ii) Estimated hours.

iii) Rate per hour.

iv) Total cost for each category and for all direct labor costs.

b. Labor Overhead. Specify what is included and rate used.

c. Travel and Subsistence. Itemize transportation, lodging and meals per diem

costs separately. Travel and subsistence costs must conform with therequirements of the most current version of Commonwealth ManagementDirective 230.10, Travel and Subsistence Allowances. The Issuing Office mayaccept higher rates normally paid by an Offeror, if those rates were approved bythe Offerors officials and published prior to submitting this proposal to theIssuing Office.

d. Consultant Costs. Itemize as in (a) above.

e. Subcontract Costs. Itemize as in (a) above.

f. Cost of Supplies and Materials. Itemize.

g. Other Direct Costs. Itemize.

h. General Overhead Costs. Overhead includes two major categories of cost,operations overhead and general and administrative overhead. Operationsoverhead includes costs that are not 100% attributable to the service beingcompleted, but are generally associated with the recurring management or supportof the service. General and administrative overhead includes salaries, equipmentand other costs related to headquarters management external to the service, but insupport of the activity being completed. Specify what specific items are includedand the rates used.

i. Fee or Profit. [Inclusion of this item depends on type of contract to beawarded.]

j. Total Cost.

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The Issuing Office will reimburse the selected Offeror for work satisfactorily

performed after execution of a written contract and the start of the contract

term, in accordance with contract requirements, and only after the Issuing

Office has issued a notice to proceed.

II-11. [To Be Used for Request for Proposals for Services Only] Domestic Workforce

Utilization Certification. Complete and sign the Domestic Workforce Utilization Certificationcontained in Appendix B of this RFP. Offerors who seek consideration for this criterion mustsubmit in hardcopy the signed Domestic Workforce Utilization Certification Form in the samesealed envelope with the Cost Submittal.

II-12. [If the Optional COSTARS Program section is included in the RFP, include thissection.]COSTARS Program Questionnaire. Complete and sign the questionnaire regardingthe COSTARS program contained in Appendix C of this RFP. Submit the signed questionnairein the same sealed envelope with the Technical Submittal.

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PART III

CRITERIA FOR SELECTION

III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal

must be:

a. Timely received from an Offeror;

b. Properly signed by the Offeror.

III-2. Technical Nonconforming Proposals. The Issuing Office reserves the right, in its solediscretion, to waive technical or immaterial nonconformities in an Offerors proposal.

III-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to

review and evaluate timely submitted proposals. Independent of the committee, BMWBO willevaluate the Disadvantaged Business Submittal and provide the Issuing Office with a rating forthis component of each proposal. The Issuing Office will notify in writing of its selection fornegotiation the responsible Offeror whose proposal is determined to be the most advantageous tothe Commonwealth as determined by the Issuing Office after taking into consideration all of theevaluation factors. The Issuing Office will award a contract only to an Offeror determined to beresponsible in accordance with the most current version of Commonwealth ManagementDirective 215.9, Contractor Responsibility Program.

III-4. Criteria for Selection. The following criteria will be used, in order of relativeimportance from the highest to the lowest weighted factors, in evaluating each proposal: [Amaximum point value for Technical, Cost and Disadvantaged Business should be

established at the time of each RFP issuance and prior to opening the proposals a point

value for each Technical sub-criterion must be established. Do not include any point values

in the RFP.]

a. Technical: Evaluation will be based upon the following in order of importance:[List here in order of importance each Technical Sub-criterion for example:

Understanding the Problem, Offeror Qualification, Financial Capability,

Personnel Qualifications, Soundness of Approach, Available Facilities, etc.]

b. Cost.

c. Disadvantaged Business Participation: [If the contract involves the use ofFederal highway, transit or aviation funds originating from the Federal

Highway Administration (FHWA), the Federal Transit Administration

(FTA), the Federal Aviation Administration (FAA) or the National Highway

Transportation Safety Administration (NHTSA) and the requirements of the

Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title

49 Code of Federal Regulations Part 26 must be adhered to, then do not

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include Disadvantaged Business Participation as a criterion. Otherwise,

include Disadvantaged Business Participation as a criterion.] Evaluation willbe based upon the following in order of priority:

Priority Rank 1 Proposals submitted by Small

Disadvantaged Businesses.

Priority Rank 2 Proposals submitted from a jointventure with a Small DisadvantagedBusiness as a joint venture partner.

Priority Rank 3 Proposals submitted withsubcontracting commitments toSmall Disadvantaged Businesses.

Priority Rank 4 Proposals submitted by Socially

Disadvantaged Businesses.

Each proposal will be rated for its approach to enhancing the utilization of SmallDisadvantaged Businesses and/or Socially Disadvantaged Businesses. Eachapproach will be evaluated, with Priority Rank 1 receiving the highest score andthe succeeding options receiving scores in accordance with the above-listedpriority ranking

To the extent that an Offeror qualifies as a Small Disadvantaged Business or aSocially Disadvantaged Business, the Small Disadvantaged Business or SociallyDisadvantaged Business cannot enter into subcontract arrangements for more than40% of the total estimated dollar amount of the contract. If a SmallDisadvantaged Business or a Socially Disadvantaged Business subcontracts morethan 40% of the total estimated dollar amount of the contract to other contractors,the Disadvantaged Business Participation scoring shall be proportionally lowerfor that proposal.

d. Enterprise Zone Small Business Participation: [If the contract involves theuse of Federal highway, transit or aviation funds originating from the

Federal Highway Administration (FHWA), the Federal Transit

Administration (FTA), the Federal Aviation Administration (FAA) or the

National Highway Transportation Safety Administration (NHTSA) and the

requirements of the Federal Disadvantaged Business Enterprise (DBE)

Program set forth in Title 49 Code of Federal Regulations Part 26 must be

adhered to, then do not include Enterprise Zone Small Business as a

criterion. Otherwise, include Enterprise Zone Small Business as a criterion.]

The following options will be considered as part of the final criteria for selection:

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Priority Rank 1 Proposals submitted by an EnterpriseZone Small Business will receive thehighest score.

Priority Rank 2 Proposals submitted by a joint

venture with an Enterprise ZoneSmall Business as a joint venturepartner will receive the next highestscore for this criterion.

Priority Rank 3 Proposals submitted with asubcontracting commitment to anEnterprise Zone Small Business willreceive the lowest score for thiscriterion.

Priority Rank 4 Proposals with no Enterprise ZoneSmall Business Utilization shallreceive no points under this criterion.

To the extent that an Offeror is an Enterprise Zone Small Business, the Offerorcannot enter into contract or subcontract arrangements for more than 40% of thetotal estimated dollar amount of the contract in order to qualify as an EnterpriseZone Small Business for purposes of this RFP.

e. Domestic Workforce Utilization [To be Used Only for RFPs for Services]:Each proposal will be scored for its commitment to use domestic workforce in thefulfillment of the contract. Maximum consideration will be given to thoseOfferors who will perform the contracted direct labor exclusively within thegeographical boundaries of the United States. Those who propose to perform a portion of the direct labor outside of the United States will receive acorrespondingly smaller score for this criterion. Offerors who seek considerationfor this criterion must submit in hardcopy the signed Domestic WorkforceUtilization Certification Form in the same sealed envelope with the CostSubmittal. The certification will be included as a contractual obligation when thecontract is executed.

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PART IV

WORK STATEMENT

[The work statement is the most important part of the RFP. It is essential the Issuing

Office thoroughly analyze the work to be done so the Offeror can be given explicitinformation on the nature and scope of the work. Without this information, it is unlikely

the Offeror will be able to submit a responsive proposal and ultimately perform the work

satisfactorily. Each RFP work statement must be tailored to the specific contracted work.

As general guidance, a format for the work statement is provided below. Even though the

format given below will require some modifications, the paragraph numbering system and,

to the extent practicable, the major paragraph headings should be used. Of particular

importance is the segmentation of the work to be done into tasks. The tasks are the basis

for proposal preparation, pricing and evaluation as well as for contract management once

work is begun.]

IV-1. Objectives.

a. General. [State in general terms the Issuing Offices objectives in initiatingthe project. The objectives should reflect what the Issuing Office expects to

gain from the study or service.]

b. Specific. [List specific objectives of the proposed study or service.]

IV-2. Nature and Scope of the Project. [Describe what the project is to include, what

geographical area is to be covered and other pertinent information.]

IV-3. Requirements. [Describe volumes that a proposed system must accommodate.

Describe any specific quality control requirements, performance standards, time

constraints, and other factors that the Issuing Office expects the selected offeror to meet.]

IV-4. Tasks. [List and describe the tasks or work steps into which the Issuing Office has

divided the project through its preliminary analysis. For each task, describe what the

selected offeror is expected to do and what it is expected to produce. If the project is to be

conducted in phases, specify tasks and deliverables for each phase; also indicate any

approvals needed before moving into the next phase. If the project requires a level of effort

rather than precise products, show the number of and type of personnel required. Include

timeframe for completion of tasks, as appropriate.]

[As indicated in Part II of the RFP, the Offeror is given the opportunity to recommend

modifications to the task segmentation in its proposal. However, to facilitate effective

evaluation of such changes, the task statement in the RFP should be prepared with specific

attention to detail.]

IV-5. Reports and Project Control. [All contracts require formal control by the Issuing

Office to ensure the selected offeror meets the Issuing Offices needs. The Issuing Office

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usually exercises this Control through the requirement for oral and written reports and

other documentation such as plans, proposals, or recommendations that the Issuing Office

must approve before the selected Offeror proceeds further with the work. The detail and

frequency of the reports generally are dependent upon the size and nature of the contract.

Since the Offeror must necessarily include the cost of report preparation in its total costs,

the Issuing Office should exercise care to keep the number and frequency of reports to amanageable minimum, consistent with the need for contract control. Consider the

availability of Issuing Office manpower for review and consideration of the reports in

making this determination. This portion of the RFP should be specific as to the content,

frequency, and number of copies of each report required. It is desirable and, in the case of

the final report, necessary to provide formats for the written reports. The following

illustrate the type and scope of reports and other documentation that might be required.]

a. Task Plan. A work plan for each task that identifies the work elements of eachtask, the resources assigned to the task, and the time allotted to each element andthe deliverable items to be produced. Where appropriate, a PERT or GANTT

chart display should be used to show project, task, and time relationship.

b. Status Report. A periodic [specified] progress report covering activities,problems and recommendations. This report should be keyed to the work plan theOfferor developed in its proposal, as amended or approved by the Issuing Office.

c. Problem Identification Report. An as required report, identifying problemareas. The report should describe the problem and its impact on the overallproject and on each affected task. It should list possible courses of action withadvantages and disadvantages of each, and include Offeror recommendations withsupporting rationale.

d. Final Report. [In all cases, a requirement should be included for thesubmission of draft copies of the final report to permit the Issuing Office to

satisfy itself as to the reports completeness and factual accuracy. The

Issuing Office should provide a format for the final report. The format

should specify the content of the final report in detail comparable to the

following:

i) Abstract or summarize the result of the study or service interminology that will be meaningful to management and others

generally familiar with the subject areas.

ii) Describe data collection and analytical and other techniques usedduring the study.

iii) Summarize findings, conclusions and recommendations developed ineach task.

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iv) Include all supporting documentation; e.g., flow-charts, forms,questionnaires, etc.

v) Recommend a time-phased work plan for implementing therecommendations.]

IV-6. Contract RequirementsDisadvantaged Business Participation and Enterprise

Zone Small Business Participation. [If the contract involves the use of Federal highway,transit or aviation funds originating from the Federal Highway Administration (FHWA),

the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) or

the National Highway Transportation Safety Administration (NHTSA), then the

requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth

in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard

requirements of this Section. Otherwise, use the text provided in this Section IV-6 in its

entirety.]

All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small

Business participation must also include a provision requiring the selected contractor to meet andmaintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone SmallBusinesses at the time of proposal submittal or contract negotiation, unless a change in thecommitment is approved by the BMWBO. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must include a provisionrequiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Businesssubcontractors and Small Disadvantaged Businesses or Enterprise Zone Small Businesses in a joint venture to perform at least 50% of the subcontract or Small DisadvantagedBusiness/Enterprise Zone Small Business participation portion of the joint venture.

The selected contractors commitments to Disadvantaged Businesses and/or Enterprise ZoneSmall Businesses made at the time of proposal submittal or contract negotiation shall bemaintained throughout the term of the contract. Any proposed change must be submitted toBMWBO, which will make a recommendation to the Contracting Officer regarding a course ofaction.

If a contract is assigned to another contractor, the new contractor must maintain theDisadvantaged Business participation and/or Enterprise Zone Small Business participation of theoriginal contract.

The selected contractor shall complete the Prime Contractors Quarterly Utilization Report (orsimilar type document containing the same information) and submit it to the contracting officerof the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract isin force. This information will be used to determine the actual dollar amount paid to SmallDisadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers,and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involvedin joint ventures. Also, this information will serve as a record of fulfillment of the commitmentthe selected contractor made and for which it received Disadvantaged Business and EnterpriseZone Small Business points. If there was no activity during the quarter then the form must becompleted by stating No activity in this quarter.

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NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCESTATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITYPOLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTEPROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO

RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.

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APPENDIX B

DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

Each proposal will be scored for its commitment to use the domestic workforce in the fulfillment of thecontract. Maximum consideration will be given to those offerors who will perform the contracted directlabor exclusively within the geographical boundaries of the United States. Those who propose to performa portion of the direct labor outside of the United States will receive a correspondingly smaller score forthis criterion.

In order to be eligible for any consideration for this criterion, offerors must complete and sign thefollowing certification. This certification will be included as a contractual obligation when the contract isexecuted. Failure to complete and sign this certification will result in no consideration being given to theofferor for this criterion.

I, ______________________[title] of ____________________________________[name of Contractor] a _______________ [place of incorporation] corporation or other legal entity,(Contractor) located at ____________________________________________________________________________________________________________________________________________[address],having a Social Security or Federal Identification Number of ________________________, do herebycertify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Checkone of the boxesbelow):

All of the direct labor performed within the scope of services under the contractwill be performed exclusively within the geographical boundaries of the United States.

OR________________ percent (_____%) [Contractor must specify the

percentage] of the direct labor performed within the scope of services under the contractwill be performed within the geographical boundaries of the United States. Pleaseidentify the direct labor performed under the contract that will be performed outside the

United States: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________[Use additional sheets if necessary]

The Department of General Services [or other purchasing agency] shall treat any misstatement asfraudulent concealment of the true facts punishable under Section 4904 of thePennsylvania Crimes Code,Title 18, of Pa. Consolidated Statutes.

Attest or Witness: ______________________________ Corporate or Legal Entity's Name

_____________________________ ______________________________ Signature/Date Signature/Date

_____________________________ ______________________________ Printed Name/Title Printed Name/Title


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APPENDIX C

COSTARS PROGRAM QUESTIONNAIRE

If your firm is awarded a Contract, does it agree to sell/provide the awarded items/services at thesame prices and/or discounts, and in accordance with the contractual terms and conditions, toregistered COSTARS Purchasers who elect to participate in the contract?Please Answer: YES ______ NO ______

__________________________________

Corporate or Legal Entity Name

__________________________________

Signature/Date

__________________________________Printed Name/Title


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APPENDIX D - PROPOSAL COVER SHEET

COMMONWEALTH OF PENNSYLVANIA

[INSERT ISSUING OFFICE]

RFP# ___________________

Enclosed in three separately sealed submittals is the proposal of the Offeror identified

below for the above-referenced RFP:

Offeror Information:

Offeror Name

Offeror Mailing Address

Offeror Website

Offeror Contact Person

Contact Persons Phone NumberContact Persons Facsimile Number

Contact Persons E-Mail Address

Offeror Federal ID Number

Submittals Enclosed and Separately Sealed:

Technical Submittal Disadvantaged Business Submittal Cost Submittal

Signature

Signature of an officialauthorized to bind theOfferor to the provisionscontained in the Offerors

proposal:Printed Name

Title

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE

OFFERORS PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFERORS

PROPOSAL


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EXHIBIT 1

SAMPLE LETTER

RFP TRANSMITTAL

[Agency Letterhead]

[Date]

[Contact Name]

[Company Name]

[Address]

[City, State Postal Code]

RE: [Issuing Office] RFP #XXXXXXXX

Dear Mr./Ms. [Contact]:

You are invited to submit a proposal for [short description of project] in accordancewith the enclosed request for proposal.

All proposals must be submitted in [number] copies to the [issuing office] [address].Proposals must be received at the above address no later than [time], [date]. Late proposals willnot be considered regardless of the reason.

All questions should be submitted by email (with subject line RFP (number) Question)

to [individuals name, title, and e-mail address] no later than [date specified in the Calendarof Events in the RFP]. All Offerors will be provided with answers to questions asked by anyone Offeror.

In addition, a preproposal conference will be held on [date] at [time] in [room number,building, city]. Since facilities are limited, it is requested you limit your representation to[number]. [Or, if applicable state: No preproposal conference will be held on this project.]

Sincerely,

[Issuing Officers Signature]

Enclosure:Request for Proposal

bcc:


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EXHIBIT 2

PREPROPOSAL CONFERENCE GUIDE

1. Ladies and Gentlemen, my name is ____________________. I am the [give full title]. Iam responsible for[give a brief one or two sentence description of responsibilities].Other Commonwealth personnel present are [introduce the others, giving names andtitles]. Please be sure to sign the attendance register. May I ask you now to introduceyourselves giving your name, title and the firm you represent? ----Thank you.

2. This preproposal conference has four purposes:

a. To furnish you some of the background leading to the issuance of this request forproposals;

b. To emphasize those requirements of the RFP we consider especially important;

c. To point out some areas Offerors have had problems with in the past; and

d. To answer your questions concerning the RFP.

3. Background. [Outline the basic problem or problems that caused the agency toissue the FP. Relate the problem to the organization mission and explain how the

work to be done by the selected contractor is expected to help solve the problem.

Explain any unusual organizational interrelationships that affect the problem or the

work to be performed].

4. Critical Points in the RFP. [Call attention to specific portions of the RFP you wouldlike the Offeror to note. These may refer either to contractual or administrative

matters or to the work that is to be done. The following is illustrative only]. Tominimize delays in proposal evaluation and to avoid rejection of your proposal, read theRFP carefully and submit a complete proposal. Our evaluation will be based almostentirely on what is submitted by you. Follow as completely as possible the proposalformat given in Part II of the RFP; this will aid us in making our comparative evaluation.

5. Problem Areas in the RFP. Point out at least the following:

a. No answer is official until it is confirmed in writing.

b. Proposal must be timely received from and properly signed by the Offeror.

c. The proposal shall consist of three separately sealed submittals:

i. Technical Submittal;


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ii. Cost Submittal;

iii. Disadvantaged Business Submittal; and

d. If you specify that the proposal is not firm for the time period specified in Section

I-12 of the RFP, your proposal may be rejected.

e. If there are any assumptions included in the cost submittal, your proposal may berejected.

f. If you state that the proposal is contingent on negotiation of offeror terms andconditions, your proposal may be rejected.

6. Questions. I will now answer those questions that have been submitted to us, in writing,after which I will attempt to answer any further questions you may have. [Read thequestions that have been received and the replies thereto. Do not identify the

potential Offerors.]

I will now address other questions. To facilitate this portion of the conference, we are nowdistributing question forms. [See Exhibit 3 for an example.] Please write your questions on theforms and return them to me. I will read each question without identifying the firm involvedand, if I can, answer it now. However, any answer given today must be considered unofficialuntil it is confirmed in writing. I will not attempt to answer any question not reduced to writingon the question form. All questions asked today will be officially answered in writing. Allquestions and written answers will be posted to the DGS website as an addendum to, and shallbecome part of, the RFP. Each Offeror is responsible to monitor the DGS website for new orrevised RFP information. [NOTE: The request to write out questions will not preclude somecontractors from asking questions orally, particularly if the answer to one question

generates another. Therefore, one of the Commonwealth members present, other than the

conference chairman, should be assigned the job of recording the questions posed orally so

they too may be confirmed in writing. Allow the Offerors sufficient time during the

preproposal conference to write their questions. Whenever possible, answer questions by

reference to the part of the RFP containing the answer.]


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EXHIBIT 3

FORMAT FOR QUESTIONS

Date:

Subject: Preproposal Conference Questions

To: ChairmanEvaluation Committee

From: Name:Firm:Date:

1.

2.

3.

4.

5.

6.


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EXHIBIT 4

RFP EVALUATION COMMITTEE CONFIDENTIALITY STATEMENT

In order to ensure fairness in the evaluation of proposals submitted in response to a RFP,it is very important that the contents of proposals remain confidential throughout the evaluation process. Members of RFP evaluation committees cannot divulge nor make known, in anymanner whatsoever, to any person, other than a member of the RFP evaluation committee orother individual who has signed a copy of this Confidentiality Statement for the sameacquisition, any information pertaining to any and all aspects of the RFP (which has not alreadybeen made available to the public or all interested offerors) including but not limited to: thecontents of offerors proposals, the scoring method, points allotted, evaluator scores, costs, orany other confidential information regarding the RFP process. Unauthorized sharing ofinformation may have the result of giving an offeror an unfair advantage over another offerorand thereby render the process invalid. Any persons who divulge such information may be

subject to disciplinary action, including termination of their employment with theCommonwealth, if the individual is a Commonwealth employee. If the individual is theemployee of a consultant, the consultant may be requested to remove the employee from theproject and the contract for the consultant may be terminated.

As a member of an RFP Evaluation Committee formed by the agency identified belowfor the procurement identified below or as an advisor to the RFP Committee, you are required tosign below indicating that you have read and understood the contents of this ConfidentialityStatement.

I have read the above statement and fully understand it.

Signature Date

Name RF

36451813 Request for Proposals

Documents

Transcript of 36451813 Request for Proposals