6100043850 - Friends and Family Package Program (10-2-17).pdf

INVITATION TO BID

FRIENDS AND FAMILY PACKAGE PROGRAM

ISSUING OFFICE

PENNSYLVANIA DEPARTMENT OF CORRECTIONS

6100043850

DATE OF ISSUANCE

10-2-17

INVITATION TO BID

FOR

FRIENDS AND FAMILY PACKAGE PROGRAM

TABLE OF CONTENTS

CALENDAR OF EVENTS 3

STATEMENT OF WORK 4 - 9

APPENDIX A - STANDARD TERMS AND CONDITIONS

APPENDIX B - COST MATRIX

APPENDIX C - RETAILER SALES TAX INFORMATION

APPENDIX D – TRADE SECRET CONFIDENTIAL PROPRIETARY INFORMATION

NOTICE FORM

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 rilgenfrit@pa.gov

Potential

Offerors 10-6-17

Optional - Pre-bid Conference—Location. Correctional

Industries, Camp Hill, 2520 Lisburn Road, Camp Hill, PA 17011

CI Lisburn Road Conference Room 1

Issuing

Office/Potential

Offerors

10-11-17

10:00AM

Answers to Potential Offeror questions posted to the DGS website at http://www.emarketplace.state.pa.us/Search.aspx no later than this date.

Issuing Office 10-12-17

Please monitor website for all communications regarding the

ITB.

Potential

Offerors

Sealed bid must be received by the Issuing Office at PA

Department of Corrections, Attn: Russ Ilgenfritz, 1920 Technology, Mechanicsburg, PA 17050

Offerors 10-26-17

2:00PM

http://www.emarketplace.state.pa.us/Search.aspx

STATEMENT OF WORK

IV.1 Objectives:

A. General. The Pennsylvania Department of Corrections (DOC) is seeking to obtain a Vendor to provide a Friends and Family Package (FFP) Program, limited to: food and personal hygiene products to inmates located at all State Correctional Institutions

(SCI) in Pennsylvania.

B. Specific. The DOC is seeking a Vendor to operate a customized offender direct package program where, on a quarterly or other defined schedule, eligible offenders and offenders’ friends and family members may order packages of pre-approved products for delivery to offenders housed in Pennsylvania State Correctional

Facilities. The awarded Vendor shall supply and deliver FFPs for distribution by

DOC Commissary staff. The resulting contract shall be a “No Cost” contract to the

Commonwealth of Pennsylvania. Fees for services will be charged by the awarded

Vendor to end users, who are comprised of incarcerated offenders, family members and friends.

IV.2 Scope of Product:

1. The Friends and Family Package Program is available to inmates in the 25 State

Correctional Institutions throughout the Commonwealth. A map and listing of the

State Correctional Institutions and population reports can be found at http://www.cor.pa.gov/Facilities/StatePrisons/Pages/default.aspx

2. Inmate population may vary during the term of the contract and the DOC reserves the right to add or remove institutions from the contract.

3. The awarded Vendor shall deliver all Friends and Family packages to the DOC

State Correctional Institutions where the inmate recipients are housed.

4. If a Vendor has any questions regarding this solicitation, the Vendor must submit questions by email to the Issuing Officer, with the subject line containing only the solicitation for bid identification number set forth herein. All questions of this nature must be asked prior to the pre-bid conference to ensure a timely response.

All responses will be posted to the PA Department of General Services website at http://www.emarketplace.state.pa.us . All questions and responses posted will be considered an addendum to, and part of this ITB. Each Vendor shall be responsible to monitor the PA Department of General Services website for new and revised ITB information.

http://www.cor.pa.gov/Facilities/StatePrisons/Pages/default.aspx http://www.emarketplace.state.pa.us/

5. The term of the contract will commence on the Effective Date and will end one

(1) year from execution of contract with four (4) optional one year extensions. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Vendor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained.

The selected Vendor shall not start the performance of any work prior to the

Effective Date of the contract. The DOC has the right to request supplemental information during the contract.

6. The bid that is determined to give the highest discount to the PA DOC from a responsible and responsive bidder will be offered a contract for execution.

IV.3 Tasks:

A. Marketing.

The awarded vendor, in response to this IFB, shall work with the PA-DOC to develop a marketing plan including a catalog, order form and program advertising materials.

Bidder shall provide (1) one sample to be included in Vendor’s response of previous catalogs used in other packaging programs. Vendor is responsible for producing marketing materials for all DOC institutions. Catalogs previously used in other

Correctional Industry Package Programs are highly preferred. All posters, pamphlets, website and product updates are due (4) weeks prior to the start of the new quarter and must be distributed to all Pennsylvania State Correctional Facilities in adequate quantities.

Catalog item descriptions must include (if applicable): K-Kosher, C-Clear, R-Re-

Sealable, H-Halal, G-Gluten Free, S-Soy Free, Sugar Free, or any other applicable designation if necessary.

B. Products.

1. All FFP products must be approved by the DOC Centralized Commissary

Committee. All items/products must meet any DOC Security packaging requirements. Items/Products may also change throughout the term of the contract.

Listed below are general security requirements that must be adhered to for all products. This is not a complete list of requirements/restrictions and additional security requirements with regards to packaging or products may be added as deemed necessary by the DOC Centralized Commissary Committee and the DOC

Central Office Security Division.

a. Containers/bags are to be clear, resealable and plastic when available.

b. No foiled packaging, hard canisters or cans, no squirt-type bottles for liquid products, and no metal or glass containers will be permitted.

2. Items/products cannot be the same product currently being sold by the DOC

Bureau of Correctional Industries Commissary program. The awarded Vendor shall supply the proposed listing of items to be provided by the vendor to the DOC two (2) months in advance of new quarter for review and approval. Current

Commissary products can be found here:

http://www.cor.pa.gov/Inmates/Pages/Commissary-Catalogs.aspx

3. The awarded vendor will track inventory levels and supply products on a weekly basis.

4. The awarded vendor will be responsible for all inventory management, spoilage, date sensitive product and return shipping costs.

5. The awarded bidder is fully responsible for any manufacturer recalls. Product shipments must include shipping manifests and packing slips.

C. Hardware – Software.

1. Vendor is responsible to provide all hardware and software needed to process FFP orders to include, at a minimum, inventory management and order processing.

This includes but not limited to the following. Computers, Scanners, Monitors, Printers, Application Software, Pick Racking, Pick Bins, Pallet Racking, Conveyor Lines, Label Printers, Processing Stations, Box Tape Machine, Bag

Taping Machine, etc. at no cost to the Commonwealth.

D. Ordering Process.

1. The awarded Vendor shall provide an internet website and call center available 24/7 in both English and Spanish for ordering and call assistance. In response to this IFB, the Vendor shall provide detailed information regarding their customer service operations including how the Friends and Family Package Program will be managed including time frames, ordering methods and cutoff dates. Vendor shall provide a sample order form in the bid response that has been used in other Package Programs.

An order form previously used in another Correctional Package Program is highly preferred. All order forms and ordering instructions are due four (4) weeks prior to the start of the new quarter and must be distributed to all Pennsylvania State

Correctional Facilities.

2. The awarded Vendor shall allow only one order acceptance per quarter, per offender, with a maximum price of $80.00 per order.

3. The awarded Vendor’s website shall list custody level guidelines for offenders eligible to receive packages from the Friends and Family Package Program. The vendor is responsible for restricting orders based on DOC offender custody as listed below.

http://www.cor.pa.gov/Inmates/Pages/Commissary-Catalogs.aspx

Example of eligible custody levels:

1. Eligible

2. Eligible

3. Eligible

4. Eligible

5. Not Eligible

5(d). (Capital Cases) - Eligible

Not Classified - Not Eligible

PVP (Parole Violator Pending) – Eligible

4. The awarded Vendor shall develop the process to be used to receive orders via an

Internet website to include a process to receive an updated secure FTP file containing information from the PA DOC Bed Management Program. This file will be provided to the awarded vendor on a nightly basis Monday – Friday excluding weekends.

5. The Friends and Family Program Order Form shall include the following information:

o Ship to information: Inmate Name, ID Number, Institution, Housing location Address, City, State, Zip Code.

o Sender’s (person whom placed the order) information to include the following: Name, Street Address, City, State, Zip Code, Phone

Number, Email (if applicable) o Category listings will include the following: Quantity, Item

Number, Item Description, Price, Total Price, Taxable items marked with an asterisk (*) o Bidder is responsible to list any processing and handling fees applicable. All fees must be clearly listed on order forms.

6. Vendor shall provide the Privacy Policy and Terms and Conditions on their website.

7. Vendor shall provide a sample ordering period/delivery schedule used in prior similar Corrections package program(s).

8. The Vendor must provide a plan for fulfilling and delivering orders in the event of an emergency at any State Correctional Institution resulting in temporary shutdown of SCI Commissary Distribution.

9. Awarded Vendor must accept returns of undeliverable packages and credit ordering parties’ accounts at no cost to the DOC.

E. Delivery Schedule.

1. The delivery schedule information is required to be posted on the awarded

Vendor’s FFP website.

F. Payment Methods.

1. The awarded Vendor shall be required to accept various payment methods from both Friends and Family and Offender. Offender orders must be paid by institutional check with order (an institutional check is a check issued by the institution on behalf of the inmate).

2. The awarded Vendor shall be responsible for processing, collecting, and remitting all applicable PA Department of Revenue state and local sales tax. The taxation tables must be made available on website and order forms. All items must be indicated if tax is applicable. (See Appendix C – Retailer Sales Tax

Information)

Example Sales Tax Rates

Institution Tax Rate

SCI- Albion 6%

G. Commission.

1. Vendor Financial Responsibility: The awarded vendor shall provide a quarterly commission of 20% Gross quarterly sales to the DOC/PCI.

H. Transfers and Returns.

1. Credit Process: The awarded Vendor shall be responsible to develop the process that will be used to handle of out of stock items, incomplete shipments or discrepancies, refunds, returns, credits and complaints. The awarded

Vendor shall provide credits for any out of stocks incurred during the order packing process. The awarded Vendor shall be responsible for any such monetary credits that are due back to the person(s) whom placed the order.

2. The awarded Vendor shall be responsible to develop a return call tag process to handle package transfers (in the event the inmate has transferred to another

SCI or, if the inmate has been released) and return orders to include the process to credit any such orders at no cost to the DOC. The process must be available at all SCI facilities. The SCI facilities can be found at www.cor.state.pa.us.

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

IV.4 DOC Responsibilities:

1. SCI Commissary staff will deliver orders to offenders and provide confirmation of delivery.

2. Delivery of orders will take place utilizing PCI’s normal commissary delivery cycles.

3. SCI Commissary staff will affix return documents to any undeliverable inmate orders due to transfer or release for pick-up by the awarded vendor or a third party carrier as the awarded vendor directs.

Table of Contents

SAP

PART I - GENERAL INFORMATION

I.1 IFB-001.1 Purpose (Oct 2006) I.2 IFB-005.2B No Fee Contract Clause (Oct. 2006) I.3 IFB-008.1A Pre-bid Conference (Oct. 2006) I.4 IFB-009.1 Questions (February 2012) I.5 IFB-010.1 Addenda to the IFB (Oct. 2006) I.6 IFB-011.1A Submission of Bids – Paper Submittal (Dec 12 2006) I.7 IFB-024.1 Bid Protest Procedure (April 2016) I.8 IFB-029.1 Prices (Dec 6 2006) I.9 IFB-031.1 Alternates (Oct 2013) I.10 IFB-032.1 New Equipment (Nov 2006) I.11 I-IFB-033.1 Modification or Withdrawal of Bid (Nov 2006) I.12 I-IFB-034.1 Rejection of Bids (Nov 2006) I.13 Submission-001.1 Representations and Authorizations (February 2017)

PART II - REQUIREMENTS

II.1 II-IFB-008.1a Lobbying Certification and Disclosure – Paper Submission. (Oct 2006) II.2 II-IFB-016.1 Post-Submission Descriptive Literature (Dec 2006)

PART III - SELECTION CRITERIA

III.1 III-IFB-001.1a Mandatory Responsiveness Requirements (Oct 2006) III.2 III-IFB-006.1a Method of Award (February 2012) III.3 III-IFB-007.1 Awards (May 2011) III.4 III-IFB-008.1 Tie Bids (Nov 2006) III.5 III-IFB-009.1 Prompt Payment Discounts (Nov 2006) III.6 III-IFB-010.1 Option for Separate Competitive Bidding Procedure (Nov 2006)

PART IV - WORK STATEMENT

IV.1 IFB-001.1b Statement of Work (Nov 2006) PART V - CONTRACT TERMS and CONDITIONS V.1 CONTRACT-001.1b Contract Terms and Conditions (Nov 30, 2006) V.2 CONTRACT-002.1a Term of Contract – Contract (May 2012) V.3 CONTRACT-002.2b Renewal of Contract Term – Mutual (Oct 2013) V.4 CONTRACT-002.3 Extension of Contract Term (Nov 30 2006) V.5 CONTRACT-003.1a Signatures – Contract (July 2015) V.6 CONTRACT-004.1a Definitions (Oct 2013) V.7 CONTRACT-005.1b Agency Purchase Orders (July 2015) V.8 CONTRACT-006.1 Independent Prime Contractor (Oct 2006) V.9 CONTRACT-007.01b Delivery of Services (Nov 30 2006) V.10 CONTRACT-007.02 Estimated Quantities (Nov 30 2006) V.11 CONTRACT-008.1a Warranty. (Oct 2006) V.12 CONTRACT-009.1c Patent, Copyright, and Trademark Indemnity (Oct 2013) V.13 CONTRACT-009.1d Ownership Rights (Oct 2006) V.14 CONTRACT-010.1a Acceptance (Oct 2006) V.15 CONTRACT-011.1a Compliance With Law (Oct 2006) V.16 CONTRACT-013.1 Environmental Provisions (Oct 2006) V.17 CONTRACT-014.1 Post-Consumer Recycled Content (June 2016) V.18 CONTRACT-014.3 Recycled Content Enforcement (February 2012) V.19 CONTRACT-015.1 Compensation (Oct 2006) V.20 CONTRACT-015.1A Compensation/Expenses (Oct 2013) V.21 CONTRACT-015.2 Billing Requirements (February 2012) V.22 CONTRACT-016.1 Payment (Oct 2006) V.23 CONTRACT-016.2 ACH Payments (Aug 2007) V.24 CONTRACT-017.1 Taxes (Dec 5 2006) V.25 CONTRACT-018.1 Assignment of Antitrust Claims (Oct 2006) V.26 CONTRACT-019.1 Hold Harmless Provision (Nov 30 2006) V.27 CONTRACT-020.1 Audit Provisions (Oct 2006) V.28 CONTRACT-021.1 Default (Oct 2013) V.29 CONTRACT-022.1 Force Majeure (Oct 2006)

V.30 CONTRACT-023.1a Termination Provisions (Oct 2013) V.31 CONTRACT-024.1 Contract Controversies (Oct 2011) V.32 CONTRACT-025.1 Assignability and Subcontracting (Oct 2013) V.33 CONTRACT-026.1 Other Contractors (Oct 2006) V.34 CONTRACT-027.1 Nondiscrimination/Sexual Harassment Clause (March 2015) V.35 CONTRACT-028.1 Contractor Integrity Provisions (January 2015) V.36 CONTRACT-029.1 Contractor Responsibility Provisions (Nov 2010) V.37 CONTRACT-030.1 Americans with Disabilities Act (Oct 2006) V.38 CONTRACT-032.1 Covenant Against Contingent Fees (Oct 2006) V.39 CONTRACT-033.1 Applicable Law (Oct 2006) V.40 CONTRACT- 034.1b Integration (Nov 30 2006) V.41 CONTRACT-034.2b Order of Precedence - IFB (Dec 6 2006) V.42 CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011) V.43 CONTRACT-035.1a Changes (Oct 2006) V.44 CONTRACT-036.1 Background Checks (February 2016) V.45 CONTRACT-037.1a Confidentiality (Oct 2013) V.46 CONTRACT-051.1 Notice (Dec 2006) V.47 CONTRACT-052.1 Right to Know Law (Feb 2010) V.48 CONTRACT-053.1 Enhanced Minimum Wage Provisions (July 2016)

PART I - GENERAL INFORMATION

PART I - GENERAL INFORMATION

I.1 IFB-001.1 Purpose (Oct 2006)

The Commonwealth of Pennsylvania (Commonwealth) is issuing this Invitation for Bids (IFB) to meet the needs of DEPARTMENT OF CORRECTIONS to satisfy a need for Friends and Family Package Program.

I.2 IFB-005.2B No Fee Contract Clause (Oct. 2006)

Since the Contract is a no fee contract, services/supplies will be provided at no cost to the Commonwealth.

I.3 IFB-008.1A Pre-bid Conference (Oct. 2006)

The Issuing Office will hold a pre-bid conference. The purpose of this conference is to provide opportunity for clarification of the IFB. Bidders should forward all questions before the pre-bid conference. Bidders may also ask questions at the conference. In view of the limited facilities available for the conference, Bidders should limit their representation to two individuals per Bidder. The pre-bid conference is for information only. Any answers furnished during the conference will not be official until they have been verified, in writing, by the Issuing Office.

Attendance at the pre-bid conference is optional. The pre-bid conference will be held on 10/11/2017 at

10:00AM/PA CORRECTIONAL INDUSTRIES, 2520 LISBURN ROAD, CAMP HILL, PA 17011 .

I.4 IFB-009.1 Questions (February 2012)

All questions regarding the IFB must be submitted in writing to the email address of the Issuing Officer provided in the solicitation. While there is no set timeline for the submittal of questions, questions received within 48 hours prior to the bid due date and time will be answered at the discretion of the Commonwealth. All questions received will be answered, in writing, and such responses shall be posted to eMarketplace as an addendum to the IFB. The Issuing Officer shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the IFB or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation.

I.5 IFB-010.1 Addenda to the IFB (Oct. 2006)

If the Issuing Office deems it necessary to revise any part of this IFB before the bid response date, the Issuing Office will post an addendum to its website at WWW.EMARKETPLACE.STATE.PA.US it is the Bidder's responsibility to periodically check the website for any new information or addenda to the IFB.

I.6 IFB-011.1A Submission of Bids – Paper Submittal (Dec 12 2006)

a. Bids are requested for the item(s) described in the Invitation For Bids and all the documents referenced in the form (collectively called the IFB). Bidders must complete and properly sign, in ink, the Invitation For Bids form. Bid prices must be typewritten or in ink. Bids that are priced or signed in pencil will be rejected.

b. The completed and signed Invitation For Bids form, as well as the other documents required by the IFB (collectively referred to as the "Bid"), shall be enclosed and sealed in an envelope which is clearly marked "Bid" and includes the assigned Bid Invitation Number (Shown on the Invitation For Bids form) and the Bidder's vendor number as well as the bid opening date and time. It is the responsibility of each bidder to ensure that its Bid is received at the return address shown on the Invitation For Bids form ("Bid Opening Room") prior to the date and time set for the opening of bids ("Bid Opening Time"), regardless of method of delivery used. No Bid shall be considered if it arrives at the Bid Opening Room after the Bid Opening Time, regardless of reason for the late arrival. In the event that, due to inclement weather, natural disaster, or other cause, the Commonwealth offices are officially closed on the date scheduled for Bid opening, the Bid Opening date shall be automatically postponed until the next Commonwealth business day, unless the Bidders are otherwise notified by the Issuing Office. The Bid Opening time shall remain the same.

All envelopes containing Bids should be clearly marked "Bid" and should include the address of the Bid Opening Room (not the agency central processing location), the assigned Collective Number and the Bid Opening Time. Bids that are timely received in the Bid Opening Room prior to the Bid Opening Time shall be opened publicly in the presence of one or more witnesses at the time and place designated in this IFB for the Bid opening.

c. Bids must be firm. If a Bid is submitted with conditions or exceptions or not in conformance with the terms and conditions referenced in the IFB Form, it shall be rejected. The Bid shall also be rejected if the items offered by the Bidder are not in conformance with the specifications as determined by the Commonwealth.

d. The Bidder, intending to be legally bound hereby, offers and agrees, if this Bid is accepted, to provide the awarded items at the price(s) set forth in this Bid at the time(s) and place(s) specified.

I.7 IFB-024.1 Bid Protest Procedure (April 2016)

The Bid Protest Procedure is on the DGS website at http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf

I.8 IFB-029.1 Prices (Dec 6 2006)

The bid submitted by the successful Bidder will be incorporated into any resulting Contract and the Bidder will be required to provide the awarded item(s) at the prices quoted in its Bid.

I.9 IFB-031.1 Alternates (Oct 2013)

A Bidder who wants to offer an alternate must notify the Issuing Office in writing, at least five (5) days prior to the scheduled Bid opening, that the Bidder intends to offer an alternate in its Bid. An "alternate" is a product that deviates from the requirements of the specifications in its composition, qualities, performance, size dimension, etc.

The written notification from the Bidder must include a complete description of the alternate and must identify the product's deviations from the specifications. Upon receipt of the notification, the Issuing Office will determine whether the alternate is acceptable. If the Issuing Office, in its discretion, determines that the alternate is acceptable, the Issuing Office will issue a change notice to the invitation for bids that revises the specifications. If no change notice is issued revising the specification, a Bid offering the alternate will not be considered for award.

If an item or items in the IFB are designated “no substitute,” this provision does not apply and no alternate may be proposed by a bidder nor will any alternate be considered by the Issuing Office.

I.10 IFB-032.1 New Equipment (Nov 2006)

Unless otherwise specified in this invitation for bids, all products offered by Bidders 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: 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 Bidders from offering products with recycled content, provided the product is new or remanufactured.

I.11 I-IFB-033.1 Modification or Withdrawal of Bid (Nov 2006)

a. Bid Modification Prior to Bid Opening. Bids may be modified only by written notice or in person prior to the exact hour and date specified for Bid opening.

1) If a Bidder intends to modify its Bid by written notice, the notice must specifically identify the Bid to be modified and must be signed by the Bidder. The Bidder must include evidence of authorization for the individual who signed the modification to modify the Bid on behalf of the Bidder. The Bid modification must be received in a sealed envelope. The sealed envelope must identify the assigned Collective Number and the Bid Opening Time, and should state that enclosed in the envelope is a Bid modification

2) If a Bidder intends to modify its Bid in person, the individual who will modify the Bid must arrive in the Bid Opening Room prior to the Bid Opening Time, show a picture identification and provide evidence of his/her authorization to modify the Bid on behalf of the Bidder. If a Bidder intends to modify its Bid in person, the Bidder may do so only in the presence of an agency employee. (The agency employee will observe the actions taken by the individual to modify the Bid, but will not read the Bid or the modification).

b. Bid Withdrawal Prior to Bid Opening. Bids may be withdrawn only by written notice or in person prior to the exact hour and date specified for Bid opening.

1) If a Bidder intends to withdraw its Bid by written notice, the notice shall specifically identify the Bid to be withdrawn and shall be signed by the Bidder. The Bidder must include evidence of authorization for the individual who signed the bid withdrawal to withdraw the bid on behalf of the Bidder. Except as provided in Subparagraph c, below, bid withdrawals received after the exact hour and date specified for the receipt of Bids shall not be accepted.

2) If a Bidder intends to withdraw its Bid in person, the individual who will withdraw the Bid must arrive in the Bid Opening Room prior to the Bid Opening Time, show a picture identification and provide evidence of his/her authorization to withdraw the Bid on behalf of the Bidder.

c. Bid Withdrawal After Bid Opening. Bidders are permitted to withdraw erroneous Bids after Bid opening only if the following conditions are met:

1) The Bidder submits a written request for withdrawal.

2) The Bidder presents credible evidence with the request that the reason for the lower Bid price was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the Bid.

3) The request for relief and supporting evidence must be received by the Issuing Office within three (3) business days after Bid opening, but before award of the contract.

4) The Issuing Office shall not permit a Bid withdrawal if the Bid withdrawal would result in the award of the contract on another Bid of the same Bidder, its partner, or a corporation or business venture owned by or in which the bidder has a substantial interest.

5) If a Bidder is permitted to withdraw its Bid, the Bidder cannot supply any material or labor or perform any subcontract or other work agreement for the awarded contractor, without the written approval of the Issuing Office.

d. Firm Bid. Except as provided above, a Bid may not be modified, withdrawn, or cancelled by any Bidder for a period of sixty (60) days following the time and date designated for Bid opening, unless otherwise specified by the Bidder in its Bid. If the lowest responsible Bidder, as determined by the Issuing Office, withdraws its Bid prior to the expiration of the award period or fails to comply with the requirements set forth in the IFB including but not limited to any requirement to submit performance or payment bonds or insurance certificates within the required time period, the Bidder shall be liable to the Commonwealth for all costs and damages associated with the re-award or re-bid including the difference between the Bidder's price and the actual cost that the Commonwealth pays for the awarded items.

e. Clarification and Additional Information. After the receipt of Bids, the Issuing Office shall have the right to contact Bidders for the purpose of seeking:

1) Clarification of the Bid which confirms the Issuing Office's understanding of statements or information in the Bid or;

2) Additional information on the items offered; provided the IFB does not require the rejection of the Bid for failure to include such information.

I.12 I-IFB-034.1 Rejection of Bids (Nov 2006)

The Issuing Office reserves the right to reject any and all Bids, to waive technical defects or any informality in Bids, and to accept or reject any part of any Bid if the best interests of the Commonwealth are thereby served.

I.13 Submission-001.1 Representations and Authorizations (February 2017)

By submitting its proposal, each Offeror understands, represents, and acknowledges that:

A. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to 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 independently and without consultation, communication, or agreement with any other Offeror or potential offeror.

C. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP.

D. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

E. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

F. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last fouryears been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

G. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

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

I. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

J. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

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

L. The Offeror is not currently engaged, and will not during the duration of the contract engage, in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.

PART II - REQUIREMENTS

PART II - REQUIREMENTS

II.1 II-IFB-008.1a Lobbying Certification and Disclosure – Paper Submission. (Oct 2006).

With respect to an award of a federal contract, grant, or cooperative agreement exceeding $100,000 or an award of a federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000 all recipients must certify that they will not use federal funds for lobbying and must disclose the use of non-federal funds for lobbying by filing required documentation. Offerors must complete and return the Lobbying Certification Form and the Disclosure of Lobbying Activities Form, which are attached to and made a part of this IFB. The completed and signed Lobbying Certification Form and the Disclosure of Lobbying Activities Form should be submitted in the same sealed envelope with the Bid Response. Commonwealth agencies will not contract with outside firms or individuals to perform lobbying services, regardless of the source of funds.

II.2 II-IFB-016.1 Post-Submission Descriptive Literature (Dec 2006)

T he Commonwealth may, during its evaluation of the bids, require any bidder 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.

PART III - SELECTION CRITERIA

PART III - SELECTION CRITERIA

III.1 III-IFB-001.1a Mandatory Responsiveness Requirements (Oct 2006)

To be eligible for selection, a bid must be:

a. Timely received from a Bidder;

b. Properly signed by the Bidder.

III.2 III-IFB-006.1a Method of Award (February 2012)

It is the intent of the Commonwealth to make a single award of item(s) listed in the IFB to the lowest responsive and responsible bidder. The Commonwealth reserves the right to award by line item if it determines that it is in the best interest of the Commonwealth to do so.

III.3 III-IFB-007.1 Awards (May 2011)

Unless all Bids are rejected, and except as otherwise provided by law, award will be made through the issuance of a contract/purchase order in accordance with the method of award. Unless otherwise specified by the Issuing Office in the IFB form the Commonwealth reserves the right to award by item or on a total Bid basis, whichever is deemed more advantageous to the Commonwealth. In cases of discrepancies in prices, the unit price will be binding unless the unit price is obviously in error and the extended price is obviously correct, in which case the erroneous unit price will be corrected. As a condition for receipt of award of a contract/purchase order, the Bidder must be registered in the Commonwealth of Pennsylvania's Vendor Master file. In order to register, bidders must visit the Pa Supplier Portal at https://www.pasupplierportal.state.pa.us/ or call the Customer Support Center at 877-435-7363 or 717-346-2676.

III.4 III-IFB-008.1 Tie Bids (Nov 2006)

All tie bids will be broken by the Issuing Office.

III.5 III-IFB-009.1 Prompt Payment Discounts (Nov 2006)

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

III.6 III-IFB-010.1 Option for Separate Competitive Bidding Procedure (Nov 2006)

The Commonwealth reserves the right to purchase products or services covered under this Contract through a separate competitive bidding procedure, whenever Commonwealth deems it in the best interest of the Commonwealth. The right will generally be exercised only when a specific need for a large quantity of the product or service exists or when the price offered is significantly lower than the Contract price.

PART IV - WORK STATEMENT

PART IV - WORK STATEMENT

IV.1 IFB-001.1b Statement of Work (Nov 2006)

The Commonwealth is seeking bids to procure the services set forth in the attached document entitled "Statement of Work."

PART V - CONTRACT TERMS and CONDITIONS PART V - CONTRACT TERMS and CONDITIONS V.1 CONTRACT-001.1b Contract Terms and Conditions (Nov 30, 2006)

The Contract with the awarded bidder (who shall become the "Contractor") shall include the following terms and conditions:

V.2 CONTRACT-002.1a Term of Contract – Contract (May 2012)

The initial term of the Contract shall be 01 year(s) and 00 month(s).

The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration Date identified in the Contract, subject to the other provisions of the Contract.

The Effective Date shall be: a) the Effective Date printed on the Contract after the Contract has been fully executed by the Commonwealth (signed and approved as required by the Commonwealth contracting procedures) or b) the "Valid from" date printed on the Contract, whichever is later.

V.3 CONTRACT-002.2b Renewal of Contract Term – Mutual (Oct 2013)

The Contract may be mutually renewed for a maximum of 4 additional 1 year term(s), so long as the Commonwealth provides written notice to Contractor of its intention to extend the Contract by letter dated not less than 090 days prior to the expiration of the term of the agreement, or any extension thereof, and the Contractor consents to the renewal not less than 060 days prior to the expiration of the term of the agreement or any extension thereof. The renewal may be exercised as individual or multiple year terms(s). Any renewal will be under the same terms, covenants and conditions. No further document is required to be executed to renew the term of the contract.

V.4 CONTRACT-002.3 Extension of Contract Term (Nov 30 2006)

The Commonwealth reserves the right, upon notice to the Contractor, to extend any single term of the Contract for up to three (3) months upon the same terms and conditions.

V.5 CONTRACT-003.1a Signatures – Contract (July 2015)

The Contract shall not be a legally binding contract until the fully-executed Contract has been sent to the Contractor. No Commonwealth employee has the authority to verbally direct the commencement of any work or delivery of any supply under this Contract prior to the Effective Date. The Contractor hereby waives any claim or cause of action for any service or work performed prior to the Effective Date.

The Contract may be electronically signed by the Commonwealth. The electronically-printed name of the Purchasing Agent represents the signature of that individual who has the authority, on behalf of the Commonwealth, to bind the Commonwealth to the terms of the Contract. If the Contract output form does not have "Fully Executed" at the top of the first page and does not have the name of the Purchasing Agent printed in the appropriate box, the Contract has not been fully executed.

The fully-executed Contract may be sent to the Contractor electronically or through facsimile equipment. The electronic transmission of the Contract shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the Contract shall constitute receipt of the fully-executed Contract.

The Commonwealth and the Contractor specifically agree as follows:

a. No handwritten signature shall be required in order for the Contract to be legally enforceable.

b. The parties agree that no writing shall be required in order to make the Contract legally binding, notwithstanding contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine Contract or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any genuine Contract or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of a genuine Contract or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Contract or acknowledgement were not in writing or signed by the parties. A Contract or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents.

c. Each party will immediately take steps to verify any document that appears to be obviously garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.

V.6 CONTRACT-004.1a Definitions (Oct 2013) As used in this Contract, these words shall have the following meanings:

a. Agency: The department, board, commission or other agency of the Commonwealth of Pennsylvania listed as the Purchasing Agency. If a COSTARS entity or external procurement activity has issued an order against this contract, that entity shall also be identified as "Agency".

b. Contracting Officer: The person authorized to administer this Contract for the Commonwealth and to make written determinations with respect to the Contract.

c. Days: Unless specifically indicated otherwise, days mean calendar days.

d. Developed Works or Developed Materials: All documents, sketches, drawings, designs, works, papers, files, reports, computer programs, computer documentation, data, records, software, samples or any other tangible material without limitation authored or prepared by Contractor as the work product covered in the scope of work for the Project.

e. Documentation: All materials required to support and convey information about the services required by this Contract. It includes, but is not necessarily restricted to, written reports and analyses, diagrams, maps, logical and physical designs, system designs, computer programs, flow charts, disks, and/or other machine-readable storage media.

f. Services: All Contractor activity necessary to satisfy the Contract.

V.7 CONTRACT-005.1b Agency Purchase Orders (July 2015)

The Agency may issue Purchase Orders against the Contract. These orders constitute the Contractor's authority to make delivery. All Purchase Orders received by the Contractor up to and including the expiration date of the Contract are acceptable and must be performed in accordance with the Contract. Each Purchase Order will be deemed to incorporate the terms and conditions set forth in the Contract.

Purchase Orders may be electronically signed by the Agency. The electronically-printed name of the purchaser represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the Contractor to proceed.

Purchase Orders may be issued electronically or through facsimile equipment. The electronic transmission of a purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the Purchase Order shall constitute receipt of an order. Orders received by the Contractor after 4:00 p.m. will be considered received the following business day.

The Commonwealth and the Contractor specifically agree as follows:

a. No handwritten signature shall be required in order for the Contract or Purchase Order to be legally enforceable.

b. The parties agree that no writing shall be required in order to make the Purchase Order legally binding. The parties hereby agree not to contest the validity or enforceability of a Purchase Order or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any Purchase Order or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of Purchase Orders or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Purchase Order or acknowledgement were not in writing or signed by the parties. A Purchase Order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents.

c. Each party will immediately take steps to verify any document that appears to be obviously garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.

Purchase Orders under ten thousand dollars ($10,000) in total amount may also be made in person or by telephone using a Commonwealth Purchasing Card. When an order is placed by telephone, the Commonwealth agency shall provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to accept payment through the use of the Commonwealth Purchasing Card.

V.8 CONTRACT-006.1 Independent Prime Contractor (Oct 2006)

In performing its obligations under the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth. The Contractor will be responsible for all services in this Contract whether or not Contractor provides them directly. Further, the Contractor is the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from the Contract.

V.9 CONTRACT-007.01b Delivery of Services (Nov 30 2006) The Contractor shall proceed with all due diligence in the performance of the services with qualified personnel, in accordance with the completion criteria set forth in the Contract.

V.10 CONTRACT-007.02 Estimated Quantities (Nov 30 2006)

It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to purchase only the materials and services in such quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to purchase materials and services covered under the Contract through a separate competitive procurement procedure, whenever Commonwealth deems it to be in its best interest.

V.11 CONTRACT-008.1a Warranty. (Oct 2006)

The Contractor warrants that all items furnished and all services performed by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the Contract, all items are warranted for a period of one year following delivery by the Contractor and acceptance by the Commonwealth. The Contractor shall repair, replace or otherwise correct any problem with the delivered item.

When an item is replaced, it shall be replaced with an item of equivalent or superior quality without any additional cost to the Commonwealth.

V.12 CONTRACT-009.1c Patent, Copyright, and Trademark Indemnity (Oct 2013)

The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of any product or process provided or used in the performance of the Contract which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or

b) any copyrighted matter in any report, document or other material provided to the Commonwealth under the contract.

The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged patent, copyright or trademark infringement in the United States of any of the products provided or used in the performance of the Contract.

This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same.

As principles of governmental or public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion, the defense of any such action.

If information and assistance are furnished by the Commonwealth at the Contractor's written request, it shall be at the Contractor's expense, but the responsibility for such expense shall be only that within the Contractor's written authorization.

The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses, including attorney's fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any products provided or used in the performance of the Contract.

If any of the products provided by the Contractor in such suit or proceeding are held to constitute infringement and the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use of such infringement products, replace them with non-infringement equal performance products or modify them so that they are…