44DOC-S1974 RFP Final.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Proposal: 44DOC-S1974 For

HDSP AIR HANDLER MEDIA REPLACEMENT

Release Date: April 1, 2022 Deadline for Submission and Opening Date and Time: April 20, 2022 @ 1:00 pm Refer to Proposal Timeline and Submission Requirements for complete RFP schedule and submission instructions

Single point of contact for the RFP:

ANNETTE MORFIN, PURCHASING OFFICER

Email Address, amorfin@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868 Ask the relay agent to dial, 1-775-515-5173/V.)

TABLE OF CONTENTS

APPLICABLE REGULATIONS GOVERNING PROCUREMENT

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

PROJECT OVERVIEW

The State of Nevada Purchasing Division, on behalf of Nevada Department of Corrections (NDOC) for High Desert State Prison (HDSP) is seeking proposals from qualified vendors to provide Air Handler Media Replacement services as described in the scope of work and attachments.

The State intends to award one (1) contract in conjunction with this Request for Proposals (RFP), as determined in the best interests of the State. NDOC shall administer the contract resulting from this RFP. The resulting contract is expected to be for a contract term of 30-45 days, subject to Clerk of the Board approval. Contract will expire June 30, 2022.

GOALS AND OBJECTIVES

NDOC is seeking proposals from qualified vendors to remove CelDek media from 94 air-handler units located within the perimeter fence of High Desert State Prison. The contractor will replace with GlasDek media, provided by the institution, remove debris from air handler and dispose of debris.

This must be completed by June 30, 2022 to ensure air handlers provide maximum cooling during summer season in Southern Nevada.

SCOPE OF WORK

Replacement of existing media in ninety-four (94) air handler units located within the perimeter at HDSP to include the following:

Work to include the following:

Remove existing CelDek media pads from units, Vacuum and clean up debris, Install new GlasDek media pads on units and Provide owner with list of repairs, replacement of or upgrade of existing control devices or water valves with associated pricing.

Exclusions:

Check out operations of units, and Any control work or installation not mentioned under Section 3 – Scope of Work.

NDOC/HDSP to provide:

Access to work area, GlasDek media pads to be used for replacement, and 30-yard hoppers and trash removal.

Vendors to submit proposal for removal and installation of media in air handlers and availability of personnel to complete installation by June 30, 2022 as described in Section 3- Scope of Work.

LICENSING AND PERMIT REQUIREMENTS

Awarded vendor must comply with all applicable Federal, State and County Health Standards and all other applicable laws and regulations.

Awarded vendor must identify and provide verification of mandatory Federal, State and local licensing and any applicable permit requirements at the time of bid submittal.

Awarded vendor shall procure any such licenses and permits as may be required.

HEALTH AND SAFETY STANDARDS

Awarded vendor shall comply with all applicable Federal, State and local requirements for protecting the safety of the awarded vendor’s employees, building occupants, and the environment.

No processes or materials shall be employed in such a manner that they will introduce hazards into occupied spaces.

All applicable standards of the Occupational Safety and Health Administration (OSHA) shall be followed when working in accordance with this RFP.

CONFIDENTIALITY

Awarded vendor will be required to protect participants from unauthorized use or disclosure of names and/or other identifying information concerning services being received pursuant to any awarded contract.

Awarded vendor shall not use or disclose any identifying information for any purpose other than carrying out its obligations under contract.

This provision will remain in force even after the termination of the contract.

SPECIFIC TERMS

Awarded vendor must contact the Facilities Supervisor one (1) week in advance to schedule installation.

NDOC does not agree to reimburse the contractor for price adjustments or overtime labor caused by delays due to security.

Delays due to security include, but are not limited, to the following:

Institution lockdown, prison escapes, attempted escapes, no or limited Correctional Officer coverage;

Contraband, as listed in the NDOC Security Regulations Acknowledgment form (DOC 047) which is attached on the attachments tab;

Sally-port inspections;

Offender counts and miscounts; and Any potential risk to the welfare and/or security of the institution and its staff, offenders, and visitors.

CRIMINAL HISTORY RECORD CHECK/SECURITY REGULATIONS

Pursuant to NDOC Administrative Regulation 212, contractors/vendors are required to complete a mandatory background check annually.

At least ten (10) working days prior to beginning work, each employee and/or subcontractor of the awarded vendor who will be working under this contract and entering prison grounds are required to submit the following completed forms:

Prison Rape Elimination Act (PREA) Contractor and Volunteer Questionnaire Form (DOC1952), Agency PREA Zero Tolerance Policy (DOC 1953), and Consent to Release of Criminal History Records form (DOC560) for the purpose of background clearance approval.

Forms Must Be Sent To:

Nevada Department of Corrections ATTN: Contractor/Vendor Background Checks P.O. Box 7011, Carson City, NV 89702 5500 Snyder Avenue, Building 17, Carson City, NV 89701 Email: vendors@doc.nv.gov Emailed forms will be accepted.

Personnel convicted of a felony will not be permitted to enter a correctional facility or institution.

If a PREA allegation of sexual abuse or sexual harassment is filed by an inmate against a contracted employee, contractor or vendor, including their employees and subcontractors, the NDOC Office of the Inspector General will contact the contractor or the immediate supervisor of the contracted individual, regarding the allegation.

Based on the severity of the allegation, NDOC will have the authority to deny access of any contract employee, contractor or vendor including their employees and subcontractors, from entering any correctional facility or institution.

PAYMENT AND INVOICES

Upon review and acceptance by the State, payments for invoices are normally made with 45-60 days of receipt, providing all required information, documents and/or attachments have been received.

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provision of this contract electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Send invoices for payment to:

Nevada Department of Corrections (NDOC) ATTN: Accounting/Contracts – Building 89 P.O. Box 7011 Carson City, NV 89702

OTHER REQUIREMENTS

Awarded vendor must ensure that, while at the facility, offenders do not have access to telecommunication devices in accordance with NRS 209.417 and NRS 212.165.

All services, other than those defined as emergency services, shall be rendered by the awarded vendor during the facility’s normal business hours, exclusive of holidays defined for the observed by the employees of the State of Nevada.

Access is limited and may require an escort. Once the awarded vendor enters the facility, it may be difficult and time consuming to leave to get additional equipment or supplies. The awarded vendor should make sure that all supplies, equipment, etc. is brought in during the initial entry into the facility.

Given the nature of the facilities, and due to potential operation conflicts, the facility may be compelled to restrict access to the institution on certain days of the week or monthly, or on relatively short notice, which may affect when the services defined in this RFP can be reasonably performed.

All materials, procedures, work schedules, etc. must be approved by NDOC.

A daily inventory list of all tools and/or equipment brought in by the awarded vendor may be required. It may be checked by the facility upon arrival and again upon leaving.

In an effort to comply with Governor Sisolak’s Executive Order, State Purchasing is requesting ALL vendors doing business with the State to be registered in NevadaEPro. Registration can be completed at www.nevadaepro.com. Vendors and/or State Agencies who have questions or difficulties registering can contact State Purchasing at 775-684-0170 or email them at nevadaepro@admin.nv.gov

CURRENT COVID REQUIREMENTS

Contractors may be required to allow any personnel entering a facility to be administered a rapid response COVID test, usually completed in 15 minutes.

Any contractors experiencing COVID symptoms or testing positive, may not be allowed access.

All contractors may be required to wear an N95 face mask while at the facility.

Effective November 1, 2021, all contractors will be required to be fully COVID vaccinated as well. This is not currently in effect due to changes in CDC guidelines and Department policy.

ATTACHMENTS

ATTACHMENTS INCORPORATED BY REFERENCE.

Terms and Conditions for Services

ATTACHMENTS FOR REVIEW. To be read and not returned.

Contract Form Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned.

Proposed Staff Resume Reference Questionnaire DOC 047 Security Regulations Acknowledgement DOC 1952 PREA Contractor and Volunteer Questionnaire DOC 1953 PREA Zero Tolerance Policy DOC 560 Contractor Background Check Application Attachments for Signature

Vendor Information Response Vendor Certifications Confidentiality and Certification of Indemnification

PROPOSAL TIMELINE

All questions regarding this RFP shall be submitted using the Bid Q&A feature in NevadaEPro by the deadline below.

The following represents the proposed timeline for this project.

All times stated are Pacific Time (PT).

These dates represent a tentative schedule of events.

The State reserves the right to modify these dates at any time.

PROPOSAL EVALUATION PROCESS

Proposal evaluation and scoring is conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

Proposals shall be kept confidential until a contract is awarded.

In the event the RFP is withdrawn prior to award, proposals remain confidential.

The evaluation committee is an independent committee established to evaluate and score proposals submitted in response to the RFP.

Financial stability shall be scored on a pass/fail basis.

Proposals shall be consistently evaluated and scored based upon the following factors and relative weights.

Cost proposals will be evaluated based on the following formula.

Cost Factor Weight x (Lowest Cost Submitted by a Vendor / Proposer Total Cost) = Cost Score

NEVADA-BASED BUSINESS PREFERENCE

The State awards a five percent (5%) preference to Nevada-based businesses pursuant to NRS 333.3351 to 333.3356, inclusive.

Nevada-based business is defined in NRS 333.3352(1).

The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a business’s corporate headquarters.

To claim this preference a vendor must indicate it on their vendor account and submitted Quote in NevadaEPro.

This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis.

INVERSE PREFERENCE

The State applies an inverse preference to vendors that have a principal place of business in a state other than Nevada and that state applies an in-state preference not afforded to Nevada based vendors, pursuant to AB28 passed in the 81st session of the Nevada Legislature.

The amount of the inverse preference is correlated to the amount of preference applied in the other state.

Vendors who meet this criterion must indicated it on their submitted Quote in NevadaEPro.

This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis.

MANDATORY MINIMUM REQUIREMENTS

Pursuant to NRS 333.311 a contact cannot be awarded to a proposal that does not comply with the requirements listed in this section.

NEVADA LAW AND STATE INDEMNITY. Pursuant to SB 445 of the 81st Session of the Nevada Legislature, any contract that is entered into may not: (1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) Require the State to indemnify another party against liability for damages.

NO BOYCOTT OF ISRAEL. Pursuant to NRS 333.338, the State of Nevada cannot enter a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a proposal or bid, vendor agrees that if it is awarded a contract it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a).

INDEMNIFICATION. Confirm vendor agrees to comply with required contract terms on Indemnification: "To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State’s right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of Contractor under this contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract."

LIMITED LIABILITY. Confirm vendor agrees to comply with required contract terms on Limited Liability: "The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the Fiscal Year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited."

CONTRACT RESPONSIBILITY. Awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

DATA ENCRYPTION. Confirm vendor will comply with State IT requirement that data be encrypted in transit and in rest.

STATESIDE DATA. Confirm vendor will comply with State IT requirement that State data assets must be maintained stateside and data will not be held offshore.

NEVADA BUSINESS LICENSE. Pursuant to NRS 353.007, prior to contract execution awarded vendor must hold a State business license pursuant to NRS chapter 76 unless exempted by NRS 76.100(7)(b).

DISCLOSURE. Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable.

CRITICAL ITEMS

In addition to the Scope of Work and Attachments, the items listed in this section are critical to the success of the project. These items will be used in evaluating and scoring the proposal. Vendor proposal should address items in this section in enough detail to provide evaluators an accurate understanding of vendor capabilities. Proposals that fail to sufficiently respond to these items may be considered non-responsive.

CONTRACT FORM. The State strongly prefers vendors agree to the terms of the attached Contract Form as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached Contract Form with their proposal response.

INSURANCE SCHEDULE

Confirm vendor will comply with attached Insurance Schedule. If not, please explain which areas are causing non-compliance and attach a red line if necessary.

Awarded vendor shall maintain, for the duration of the contract, insurance coverages as set forth in the fully executed contract.

Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverages.

Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

VENDOR BACKGROUND

Company background/history and why vendor is qualified to provide the services described in this RFP.

Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

VENDOR STAFF RESUMES

A resume shall be included for each proposed key personnel, see Proposed Staff Resume.

A resume shall also be included for any proposed key subcontractor personnel.

SUBCONTRACTORS

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

Proposal should include a completed Vendor Information Response form for each subcontractor.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor proposal shall identify specific requirements of the project for which each subcontractor shall perform services.

How the work of any subcontractor(s) shall be supervised How channels of communication shall be maintained How compliance with contracts terms and conditions will be assured Previous experience with subcontractor(s)

VENDOR FINANCIAL INFORMATION

The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

This information should be submitted as a separate attachment, flagged as confidential in NevadaEPro.

Proposing vendor shall provide the following financial information and documentation:

Dun and Bradstreet Number Federal Tax Identification Number

BUSINESS REFERENCES

The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last five (5) years, see Reference Questionnaire.

The purpose of these references is to document relevant experience and aid in the evaluation process.

Business references should return Reference Questionnaire directly to Single Point of Contact via email.

Business references will not be accepted directly from proposing vendor.

The State will not disclose submitted references, but will confirm if a reference has been received.

The State reserves the right to contact references during evaluation.

SUBMISSION CHECKLIST

This section identifies documents that shall be submitted to be considered responsive. Vendors are encouraged to review all RFP requirements to ensure all requested information is included in their response.

Proposals must be submitted as a Quote through NevadaEPro, https://NevadaEPro.com.

Vendors are encouraged to submit a single file attachment per proposal section if possible.

Technical proposal information and Cost proposal information shall not be included in the same attachment.

Cost proposal attachment shall not be flagged as confidential in NevadaEPro.

Additional attachments may be included if necessary, but are discouraged and should be kept to a minimum.

TECHNICAL PROPOSAL

Title Page Table of Contents Response to Mandatory Minimum Requirements Response to Critical Items Response to Scope of Work Proposed Staff Resumes Other Informational Material

PROPRIETARY INFORMATION. If necessary. Attachment should be flagged confidential in NevadaEPro.

Title Page Table of Contents Trade Secret information, cross referenced to the technical proposal

COST PROPOSAL. Provide a single firm-fixed-fee directly in NevadaEPro, no Cost Proposal attachment needed.

VENDOR FINANCIAL INFORMATION. Attachment should be flagged confidential in NevadaEPro.

SIGNED ATTACHMENTS

Vendor Information Response Vendor Certifications Confidentiality and Certification of Indemnification Certification Regarding Lobbying

OTHER ATTACHMENTS. If necessary, not recommended.

REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.

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