2 - ITQ Statement of Work_Portable Toilet Equipment_11_19_21.pdf

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STATEMENT OF WORK

PORTABLE TOILET/HAND WASHING EQUIPMENT

AND SEPTIC WASTE REMOVAL SERVICES

INVITATION TO QUALIFY (ITQ) CONTRACT

OVERVIEW: The purpose of the Portable Toilet/Hand Washing Equipment and Septic Waste Removal

Services ITQ is to qualify responsible and responsive Contractors to provide rental or sales of portable toilets and hand washing equipment and septic waste removal services. This ITQ contract is open to all

Commonwealth of Pennsylvania agencies. In addition, Local Public Procurement Units, as defined by the

Commonwealth Procurement Code, may use this contract in accordance with the COSTARS Provision contained in this document.

ISSUING OFFICE: This ITQ is managed and administered by the Commonwealth of Pennsylvania

(COPA), Department of General Services (DGS), Bureau of Procurement. All inquiries should be referred to:

Nicole Moyer, Commodity Specialist

Department of General Services

Bureau of Procurement, 6th Floor

555 Walnut Street

Harrisburg, PA 17101-1914

Telephone: (717) 346-3273

Email: nicomoyer@pa.gov

TERM OF CONTRACT: Any contract issued to qualified Contractors, as a result of this ITQ, shall commence on the Contract Effective Date and shall end on 09/30/2027. There are no renewals available.

QUALIFICATIONS: Contractors interested in becoming an ITQ Contractor must meet the following requirements. Failure to meet the below requirements will result in the application being rejected. Each

Contractor that meets the minimum qualifications will be awarded a contract. Award of a contract to a

Contractor is not a guarantee of business.

A. Contractors must provide documentation showing two (2) years of experience in the appropriate commodity code selected under Service Categories.

B. Contractors must identify the counties of Pennsylvania in which you will provide services.

Contractors will be required to maintain this county service data in JAGGAER.

SERVICE CATEGORIES: Contractors will need to choose the appropriate commodity code(s) to qualify for this contract. Contractors will select the appropriate code(s) under the Business Details section of the qualification process. The Commonwealth may add additional commodity codes as the

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02-04-20 need arises. The table below lists the appropriate commodity code and description of each category. 02-

04-20

COMMODITY CODE DESCRIPTION OF CATEGORY

95131602-ITQ-322

Portable Toilets - Standard High-capacity construction made of Polyethylene; however, other material types may be requested by the ordering agency. Unit to include vent stack, self-closing door with interior lock, and “occupied” indicator. Sufficient paper capacity to coincide with standard cleaning scheduled replenishment including hand sanitizer (alcohol content must comply with current CDC standards). Portable toilets are to be compliant with all applicable codes, regulations, and industry standards, including disposal.

95131602-ITQ-323

Portable Toilets – ADA High-capacity construction made of Polyethylene; however, other material types may be requested by the ordering agency. Unit to include vent stack, self-closing door with ADA compliant interior lock and

“occupied” indicator, ADA compliant grab bars, and turning space.

Sufficient paper capacity to coincide with standard cleaning scheduled replenishment including hand sanitizer (alcohol content must comply with current CDC standards). Portable toilets are to be compliant with all applicable codes, regulations, and industry standards, including disposal. In addition, the units must be compliant with the Americans with Disabilities Act, Americans with Disabilities Act Accessibility

Guidelines and ANSI A117.1 specification for making buildings and facilities accessible to and usable by physically handicapped people.

95131602-ITQ-324

Portable Toilets – Solar High-capacity construction made of Polyethylene; however, other material types may be requested by the ordering agency. Unit to include translucent roof or solar-powered lighting, mounted inside and/or outside of the unit. Unit should also include vent stack, self-closing door with interior lock, and “occupied” indicator. Sufficient paper capacity to coincide with standard cleaning scheduled replenishment including hand sanitizer (alcohol content must comply with current CDC standards).

Portable toilets are to be compliant with all applicable codes, regulations, and industry standards, including disposal.

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95131602-ITQ-325

Hand Washing Stations A portable sink made of Polyethylene; however, other material types may be requested by the requesting agency. Sink unit to include a multiple gallon tank for potable water to wash hands. In addition, it must include soap dispenser with liquid soap, paper towel dispensers, and operate hands-free with a foot pump, or other similar method. This category includes portable sinks designed to add to existing portable toilets or to be used freestanding. Units for indoor and outdoor use.

78101804-ITQ-326

Relocation of Portable Toilets and Hand Washing Stations

Moving of units from one location to another either within the same property or between properties. Requests for relocation services will be on an as requested basis by the ordering agency. Relocation of units shall be done within the timeframe as agreed upon with the ordering agency.

76121600-ITQ-327

Septic System Waste Removal Septic System Waste Removal Services consists of pumping, hauling, and disposing of septic waste. Services to be performed in accordance with the agreed upon schedule, between the ordering agency and supplier.

Services may be requested on weekends and holidays, if so, supplier shall quote accordingly at time of request. The minimum volume for septic waste removal services is two hundred fifty gallons (250) per service.

GENERAL INORMATION/REQUIREMENTS:

A. Type of Contract. Upon determination that the Contractor meets the ITQ requirements, the

Commonwealth will issue a contract to the Contractor. Upon receipt of a Purchase Order (PO) issued under this Contract, the Contractor agrees to furnish the requested services to the

Commonwealth agency issuing the PO.

B. Damages. Contractor assumes all risk of theft, loss, damage, or destruction to the Equipment while on Commonwealth property, except for damages that the COPA has caused from misuse or negligence.

C. Septic Waste Disposal Fee Adjustments. In the event that a septic waste removal contractor’s disposal site, i.e., local water or sewer authority, increase their fees and present a hardship, the

Contractor may submit a request to the ordering agency to increase their pricing to compensate for that hardship. Supporting documentation from the local authority and justification for the hardship will need to accompany the request for an increase. All requests and supporting documentation must be submitted to the ordering agency for consideration. If approved, the ordering agency will adjust their purchase orders to reflect the new pricing.

D. Order of Precedence. If any conflicts or discrepancies should arise in the terms and conditions of this Contract, or the interpretation thereof, the order of precedence shall be: i. This Contract;

and

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ii. The data resident on the ITQ web site and incorporated herein by reference at the date of execution of the Contract or issuance of an RFQ off of this Contract, whichever is later, including but not limited to the promises and certifications the Contractor made in qualifying for the Contract.

If any conflicts or discrepancies should arise in the interpretation of a PO, the order of precedence shall be:

i. This Contract

ii. The service category definitions, descriptions, qualification requirements, and contract terms and conditions set forth in the RFQ; and

iii. The PO and any attachment thereto, including: (1) the Contractor’s Proposal, as accepted by the Commonwealth; (2) the RFQ.

E. Bid Protest Procedure (April 2016) The Bid Protest Procedure is on the DGS website. Click here

F. 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 Members”) to participate in Commonwealth procurement contracts that the Department of General Services (“DGS”) may choose to make available to COSTARS

Members. DGS has identified this ITQ as one which will be made available for COSTARS

Members’ participation.

a. Only those entities registered with DGS are authorized to participate as COSTARS

Members in this Contract. A COSTARS Member may be either a local public procurement unit or a state-affiliated entity.

1. A “local public procurement unit” is:

• Any political subdivision (local government unit), such as a municipality, school district, or commission;

• Any public authority (including authorities formed under the

Municipality Authorities Act of 1955 or other authorizing legislation, such as the Public Transportation Law or the Aviation Code);

• Any tax-exempt, nonprofit educational institution or organization;

• Any tax-exempt, nonprofit public health institution or organization;

• Any nonprofit fire, rescue, or ambulance company; and

• Any other entity that spends public funds for the procurement of supplies, services, and construction (such as a council of governments, an area government, or an organization that receives public grant funds).

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/ITQ-Documents.aspx http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/ITQ-Documents.aspx http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf.

http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf.

http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf.

http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf.

http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf.

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The Department reserves the right to review and determine eligible applicants as

Local Public Procurement Units on a case-by-case basis.

2. A state-affiliated entity is a Commonwealth authority or other Commonwealth entity that is not a Commonwealth agency. The term includes:

• The Pennsylvania Turnpike Commission;

• The Pennsylvania Housing Finance Agency;

• The Pennsylvania Municipal Retirement System;

• The Pennsylvania Infrastructure Investment Authority;

• The State Public School Building Authority;

• The Pennsylvania Higher Education Facilities Authority, and

• The State System of Higher Education.

The COSTARS Program is not available for use by Executive Agencies and

Independent Agencies as defined by the Commonwealth Procurement Code, or any agency or entity using funds appropriated to the Department of General Services through Capital Budget Project Itemization legislation for the procurement of furniture, fixtures, and equipment.

3. A complete list of local public procurement units and state-affiliated entities that have registered with DGS and that are authorized to procure items from the

Contract can be found at http://www.costars.state.pa.us/SearchCOMember.aspx.

b. COSTARS Members have the option to purchase from this Contract, from any DGS contract established exclusively for COSTARS Members in accordance with the requirements of Section 1902, from any other cooperative procurement contracts, or from their own procurement contracts established in accordance with the applicable laws governing such procurements. The Contractor understands and acknowledges that there is no guarantee that a COSTARS Member will place an order under this Contract, and that the decision to procure from this Contract is within the sole discretion of each

COSTARS Member.

c. DGS is acting as a facilitator for COSTARS Members who may wish to purchase under this Contract. COSTARS Members that participate in this Contract and issue purchase orders (“POs”) to Contractors are third party beneficiaries who have the right to sue and be sued for breach of this Contract without joining the Commonwealth or DGS as a party. The Commonwealth will not intervene in any action between a Contractor and a

COSTARS Member unless substantial interests of the Commonwealth are involved.

http://www.costars.state.pa.us/SearchCOMember.aspx http://www.costars.state.pa.us/SearchCOMember.aspx

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d. COSTARS Members electing to participate in this Contract will order items directly from the Contractor and be responsible for payment directly to the Contractor.

e. Those Contractors electing to permit COSTARS Members to procure from this Contract shall pay the Required Administrative Fee applicable to the Contractor’s classification:

Contractor Classification Required Administrative Fee

DGS-verified Small Diverse Business

Contractor

$166

DGS Self-Certified Small Business

Contractor

$500

All Other Contractor $1,500

1. Each Contractor electing to permit COSTARS Members to participate in the

Contract must submit the COSTARS Program Election to Participate form with its bid submittal and pay the applicable Administrative Fee upon Contract award in order to sell the awarded items/services to COSTARS Members. If the

Contractor is a Department of General Services Self-Certified Small Business or

Department of General Services-verified Small Diverse Business, a copy of its active Small Business Contracting Program certificate must be included with the bid submittal.

2. At the beginning of each Contract year and upon any Contract renewal, the

Contractor shall submit a check for the required amount, payable to

“Commonwealth of PA”. The Contractor must pay the Administrative Fee at each contract renewal date to continue to sell the awarded items/services to

COSTARS Members.

f. DGS has registered the COSTARS name and logo (together, the “COSTARS Brand”) as a trademark with the Pennsylvania Department of State. Therefore, the Contractor may use the COSTARS Brand only as permitted under in this Subsection.

1. The Contractor shall pay the Administrative Fee covering its participation in the program, including without limitation any use of the COSTARS Brand, for each year of the Contract period. The fee is payable upon Contract award and prior to the renewal date for each succeeding Contract period.

2. DGS grants the Contractor a nonexclusive license to use the COSTARS Brand, subject to the following conditions:

• The Contractor agrees not to transfer to any third party, including without limitation any of its subcontractors or Contractors, any privileges it may have to use the COSTARS Brand under this Contract.

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• The Contractor agrees not to use the COSTARS Brand to represent or imply any Commonwealth endorsement or approval of its products or services.

• The Contractor is permitted to use the COSTARS Brand in broadcast, or

Internet media solely in connection with this Contract and any other

Contract with the Commonwealth under which it has agreed to make sales to COSTARS Purchasers. The Contractor may use the COSTARS

Brand on business cards, brochures, and other print publications so long as the purpose is to identify the Contractor as a COSTARS vendor, and only so long as the required Contract fee is kept current.

• Should this Contract terminate for any reason, the Contractor agrees promptly to remove the COSTARS Brand from any and all print and electronic media and to refrain from using the COSTARS Brand for any purpose whatsoever from the date of Contract termination forward.

• The Contractor agrees to defend, indemnify, and hold harmless the

Commonwealth of Pennsylvania and DGS from and against all claims, demands, liabilities, obligations, costs, and expenses of any nature whatsoever arising out of or based upon the Contractor’s use of the

COSTARS Brand; and

• The Contractor agrees it has no property rights in the use of the

COSTARS Brand by virtue of this nonexclusive license. The Contractor expressly waives any claims, including without limitation due process claims that may otherwise be available under the law in the event of any dispute involving these terms of use.

g. The Contractor shall furnish to the DGS COSTARS Program Office a quarterly electronic Contract sales report detailing the previous quarter’s Contract purchasing activity, using the form and in the format prescribed by DGS. The Contractor shall submit its completed quarterly report no later than the fifteenth calendar day of the succeeding Contract quarter.

1. The Contractor shall submit the reports through the web-based COSTARS

Contractors’ Gateway of the PA Contractor Portal at https://paContractorportal.state.pa.us/irj/portal/anonymous , Enterprise

Applications. If a Contractor does not have access to the Internet, the Contractor shall send the reports, using the form and in the format prescribed by DGS, on compact disc via US Postal Service to the DGS COSTARS Program Office, Bureau of Procurement, 6th Floor Forum Place, 555 Walnut Street, Harrisburg, PA 17101-1914.

2. For each PO received, the Contractor shall include on the report the name and address of each COSTARS-Registered Purchaser that has used the Contract

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3. DGS may suspend the Contractor’s participation in the COSTARS Program for failure to provide the Quarterly Sales Report within the specified time.

h. Additional information regarding the COSTARS Program is available on the DGS

COSTARS Website at www.costars.state.pa.us.

1. If the Contractor is aware of any qualified entity not currently registered and wishing to participate in the COSTARS Program, please refer the potential purchaser to the DGS COSTARS Website at www.costars.state.pa.us, where it may register by completing the online registration form and receiving DGS confirmation of its registration. To view a list of currently registered COSTARS member entities, please visit the COSTARS website.

2. Direct all questions concerning the COSTARS Program to:

Department of General Services

COSTARS Program

555 Walnut Street, 6th Floor

Harrisburg, PA 17101

Telephone: 1-866-768-7827

E-mail GS-PACostars@pa.gov

i. COSTARS Program Election to Participate. If the Contractor is willing to sell the awarded items/services at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to COSTARS members, the Contractor should complete and return the COSTARS Program Election to Participate form which is an attachment to this ITQ. If the Contractor is asserting that it is a Department of General

Services Certified Small Business, the Contractor must submit its active certification.

G. COSTARS Reporting Requirements. If you checked “Yes” in Step 6 when developing your qualification bid for the ITQ contract, you agreed to participate in the Commonwealth’s

COSTARS program, and you are bound by the COSTARS Purchasers Provision contained within this Statement of Work. The requirement to report COSTARS sales to DGS’ COSTARS

Program Office is contained in Section E of the COSTARS Purchasers Provision. By agreeing to participate in the COSTARS program, you are required to report COSTARS sales to DGS on a quarterly basis. Even if you had no COSTARS sales, you must file a report.

COSTARS sales for the ITQ contract can now be reported through the automated COSTARS sales reporting system located on the COSTARS website. Information required will be your vendor number, contract number, date of sale, customer name and the amount of the sale. It is also recommended that you record the COSTARS Member ID number. Detailed instructions appear below.

http://www.costars.state.pa.us/ http://www.costars.state.pa.us/

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The deadline for submitting sales information is the 15th day of the month following the end of the quarter. Failure to report COSTARS sales is in breach of contract and may result in DGS suspending your participation in the COSTARS program.

Note: This system is to be used to record sales to COSTARS members ONLY! ZERO sales for a particular quarter must also be reported.

INSTRUCTIONS FOR COSTARS SALES REPORTING FOR STATEWIDE CONTRACT

CONTRACTORS

• Go to www.dgs.state.pa.us/costars. ‘Click’ on the Contractors button;

• ‘Click’ on the COSTARS Contractors’ Gateway link on the right. Click on the State

Contract link;

• Enter your Vendor Number to gain access to the system. When your Vendor Number is found, you will be taken to the Sales Reporting Authorization screen;

• Enter your first and last name. ‘Click’ Continue;

• You will be taken to the Sales Reporting Screen. Select from the Contract Number dropdown the Contract Number you want to report sales for and then ‘click’ the

Continue button located next to it;

• To enter a new Sale or to report “No Sales this Quarter”, ‘click’ on the Insert button at the top left;

• Enter the Customer Name or part of the Customer Name into the Customer Search field.

If you are reporting “NO SALES THIS QUARTER”, type NO SALES into the search field. ‘Click’ the Search button;

• Select the Customer Name from the dropdown list or select NO SALES THIS

QUARTER. To proceed, you will need to ‘click’ on the Continue button to the right of the list. The system will locate the Customer Name in the Members database and will pre-fill the Address and County fields for you;

• You will then enter a Sales Date and Sales Amount; and

• ‘Click’ on the Save button. The data is saved and immediately accessible by COSTARS

Program staff. For your convenience, there is also a Sales Reporting Manual – for

Statewide Contracts in the Resource Center on this site. For additional assistance or questions, please call 1-866-768-7827.

H. New Equipment. Unless otherwise specified in this ITQ, all products offered by Contractors must be new or remanufactured. A 'new' product is one that will be used first by the

Commonwealth after it is manufactured or produced. A 'remanufactured' product is one which:

http://www.dgs.state.pa.us/costars http://www.dgs.state.pa.us/costars

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1) has been rebuilt, using new or used parts, to a condition which meets the original manufacturer's most recent specifications for the item; 2) does not, in the opinion of the Issuing

Office, differ in appearance from a new item; and 3) has the same warranty as a new item.

Unless otherwise specified in this invitation for bids, used or reconditioned products are not acceptable. This clause shall not be construed to prohibit Contractors from offering products with recycled content, provided the product is new or remanufactured.

I. Post-Submission Descriptive Literature. The Commonwealth may, during its evaluation of the bids, require any Contractor to submit cuts, illustrations, drawings, prints, test data sheets, specification sheets and brochures which detail construction features, design, components, materials used, applicable dimensions and any other pertinent information which the Issuing

Office may require in order to evaluate the product(s) offered. The required information must be submitted within two (2) business days after notification from the Issuing Office. Failure to submit the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid as non-responsive.

J. Tie Bids/Quotes. All tie bids/quotes will be broken by the Issuing Office.

K. Prompt Payment Discounts. Prompt payment discounts will not be considered in making an award. If prompt payment discounts are offered by any Contractor, however, the Issuing Office will take advantage of such offer.

REQUEST FOR QUOTES (RFQ) PROCEDURES: Commonwealth Agencies will issue an RFQ to qualified Contractors, through the Commonwealth’s Custom Portal, powered by the JAGGAER system. Contractors will respond to the RFQ in the system. The requesting Agencies may require the qualified Contractors to furnish, upon request, additional documentation in the RFQ. The qualified

Contractors selected for the RFQ process will receive a Purchase Order (PO) and will supply the service to meet the specific requirements as indicated in the RFQ.

Agencies will exercise a scoring method based upon the criteria set forth in the RFQ. The Scoring

Methods are defined as follows:

• Best Value - Refers to the process of selecting the quote which provides the greatest value to the agency based on evaluating and comparing all pertinent criteria, including cost, so that the Contractor whose overall proposal best suits the agency’s needs is selected for each individual project; and

• Low-Cost - Refers to the lowest cost quoted from all proposals received that are deemed both responsive and responsible for the project.