6100066752 Terms and Conditions.pdf

Table of Contents

SAP

Part I - General Information I.1 RFP-001.1 Purpose (Oct 2006) I.2 RFP-002.1 Issuing Office (Oct 2006) I.3 RFP-003.1 Scope (Oct 2006) I.4 RFP-004.1 Problem Statement (Oct 2006) I.5 RFP-005.1 Type of Contract (Oct 2006) I.6 RFP-006.1 Rejection of Proposals (Oct 2006) I.7 RFP-007.1 Incurring Costs (Oct 2006) I.8 RFP-008.1c No Preproposal Conference (Oct 2006) I.9 RFP-009.1 Questions and Answers (October 2010) I.10 RFP-010.1 Addenda to the RFP (March 2008) I.11 RFP-011.1b Proposal Response Date (Oct 2012) I.12 RFP-012.1B Proposals (February 2015) I.13 RFP-013.1a Small Diverse Business Information (October 2015) I.14 RFP-014.1 Economy of Preparation (Oct 2006) I.15 RFP-015.1 Alternate Proposals (Oct 2006) I.16 RFP-016.1 Discussions for Clarification (Sept 2011) I.17 RFP-017.1 Prime Contractor Responsibilities (Oct 2006) I.18 RFP-018.1 Proposal Contents (February 2015) I.19 RFP-019.1 Best and Final Offers (July 2012) I.20 RFP-020.1 News Releases (Oct 2006) I.21 RFP-021.1 Restriction of Contact (Oct 2006) I.22 RFP-021.2 Notification of Selection (Sept 2011) I.23 RFP-022.1 Debriefing Conferences (Sept 2011) I.24 RFP-023.1 Issuing Office Participation (Oct 2006) I.25 RFP-024.1b RFP Protest Procedure (April 2016) I.26 RFP-025.1 Electronic Version of this RFP (Oct 2006) I.27 Submission-001.1 Representations and Authorizations (February 2017) Part II - PROPOSAL REQUIREMENTS II.1 RFP-001.1c General Requirements (July 2012) II.2 RFP-002.1 Technical Submittal Requirements - Standard (July 2012) II.3 RFP-003.1a Small Diverse Business Participation Submittal (October 2015) II.4 RFP-004.1B Cost Submittal Requirements - Electronic Submission (Jan 2008) II.5 RFP-005.1 Domestic Workforce Utilization Certification (Oct 2006) II.6 RFP-012.1b Iran Free Procurement Certification and Disclosure – Electronic Submittal (November 2016) Part III - Criteria for Selections III.1 RFP-001.1a Mandatory Responsiveness Requirements (Oct 2006) III.2 RFP-002.1 Technical Nonconforming Proposals (January 2011) III.3 RFP-003.1a Evaluation (October 2015) III.4 RFP-004.1a Evaluation Criteria (October 2015) III.5 RFP-005.1 Domestic Workforce Utilization Criterion (February 2015) III.6 RFP-005.2b Offeror Responsibility (Oct 2013) III.7 RFP-005.3 Final Ranking and Award (October 2015) III.8 RFP-006.1a Method of Selection (Sept 2011) Part IV - Statement of Work

IV.1 WORK STATEMENT

PART_V

V.1 CONTRACT-001.1a Contract Terms and Conditions (Nov 30 2006) V.2 CONTRACT-002.1b Term of Contract – PO (July 2015) V.3 CONTRACT-002.3 Extension of Contract Term (Nov 30 2006) V.4 CONTRACT-003.1d Signatures - PO (July 2015) V.5 CONTRACT-004.1a Definitions (Oct 2013) V.6 CONTRACT-004.2 Defintions (February 2024) V.7 CONTRACT-006.1 Independent Prime Contractor (Oct 2006) V.8 CONTRACT-007.01b Delivery of Services (Nov 30 2006) V.9 CONTRACT-008.1a Warranty (Oct 2006)

V.10 CONTRACT-009.1c Patent, Copyright, and Trademark Indemnity (Oct 2013) V.11 CONTRACT-009.1d Ownership Rights (Oct 2006) V.12 CONTRACT-010.1a Acceptance (Oct 2006) V.13 CONTRACT-011.1a Compliance With Law (Oct 2006) V.14 CONTRACT-013.1 Environmental Provisions (Oct 2006) V.15 CONTRACT-014.1 Post-Consumer Recycled Content (June 2016) V.16 CONTRACT-014.3 Recycled Content Enforcement (Feb 2009) V.17 CONTRACT-015.1A Compensation/Expenses (May 2008) V.18 CONTRACT-015.2 Billing Requirements (July 2021) V.19 CONTRACT-016.1 Payment (Oct 2006) V.20 CONTRACT-016.2 Automated Clearing House (ACH) Payments (February 2024) V.21 CONTRACT-017.1 Taxes (Dec 5 2006) V.22 CONTRACT-018.1 Assignment of Antitrust Claims (Oct 2006) V.23 CONTRACT-019.1 Indemnification (February 2024) V.24 CONTRACT-020.1 Audit Provisions (Oct 2006) V.25 CONTRACT-021.1 Default (Oct 2013) V.26 CONTRACT-022.1 Force Majeure (Oct 2006) V.27 CONTRACT-023.1a Termination Provisions (Oct 2013) V.28 CONTRACT-024.1 Contract Controversies (Oct 2011) V.29 CONTRACT-025.1 Assignability and Subcontracting (Oct 2013) V.30 CONTRACT-026.1 Other Contractors (Oct 2006) V.31 CONTRACT-027.1 Nondiscrimination/Sexual Harassment (February 2024) V.32 CONTRACT-028.1 Contractor Integrity (February 2024) V.33 CONTRACT-029.1 Contractor Responsibility (February 2024) V.34 CONTRACT-029.2 Offset (February 2024) V.35 CONTRACT-030.1 Americans with Disabilities Act (February 2024) V.36 CONTRACT-032.1 Covenant Against Contingent Fees (Oct 2006) V.37 CONTRACT-033.1 Applicable Law and Forum (February 2024) V.38 CONTRACT-034.1a Integration – RFP (Dec 12 2006) V.39 CONTRACT-034.2a Order of Precedence - RFP (Dec 12 2006) V.40 CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011) V.41 CONTRACT-035.1a Changes (Oct 2006) V.42 CONTRACT-036.1 Background Checks (January 2023) V.43 CONTRACT-037.1a Confidentiality (Oct 2013) V.44 CONTRACT-037.2a Sensitive Information (Sept 2009) V.45 CONTRACT-037.2b Health Insurance Portability and Accountability Act (HIPAA) Compliance (Sept 2009) V.46 CONTRACT-041.1 Contract Requirements-Small Diverse Business and Small Business Participation (July 2016) V.47 CONTRACT-045.1 Insurance - General (Dec 12 2006) V.48 CONTRACT-051.1 Notice (Dec 2006) V.49 CONTRACT-052.1 Right to Know Law (February 2024) V.50 CONTRACT-053.1 Enhanced Minimum Wage Provisions (February 2024) V.51 CONTRACT-054.1 Worker Protection and Investment (February 2024) V.52 CONTRACT-055.1 Data Breach or Loss (February 2024)

Part I - General Information

PART I - GENERAL INFORMATION

I.1 RFP-001.1 Purpose (Oct 2006)

This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement ("Offerors") sufficient information to enable them to prepare and submit proposals for the PA DEPARTMENT OF AGRICULTURE consideration on behalf of the Commonwealth of Pennsylvania ("Commonwealth") to satisfy a need for Avian Flu Milk Testing Pilot Program ("Project").

I.2 RFP-002.1 Issuing Office (Oct 2006)

The PA DEPARTMENT OF AGRICULTURE (Issuing Office) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be Sheila Strubhar PA Department of Agriculture 2301 North Cameron Street Harrisburg, PA 17110, the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer.

I.3 RFP-003.1 Scope (Oct 2006)

This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

I.4 RFP-004.1 Problem Statement (Oct 2006)

Insert text of general statement of the purpose and scope of the work to be done, and time constraints under which the work must be done. The problem statement should be brief since the offeror is provided a detailed work statement in Part IV.

Additional detail is provided in Part IV of this RFP.

I.5 RFP-005.1 Type of Contract (Oct 2006)

It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a contract containing the Contract Terms and Conditions as shown in Part V of this RFP. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

I.6 RFP-006.1 Rejection of Proposals (Oct 2006)

The Issuing Office reserves the right, in its sole and complete discretion, to reject any and all proposals received as a result of this RFP.

I.7 RFP-007.1 Incurring Costs (Oct 2006)

The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I.8 RFP-008.1c No Preproposal Conference (Oct 2006)

There will be no preproposal conference for this RFP. If there are any questions, please forward them to the Issuing Office in accordance with the instructions in this RFP.

I.9 RFP-009.1 Questions and Answers (October 2010)

If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line '6100066752 Question') to the Issuing Officer. If the Offeror has questions, they must be submitted via email no later than 10/22/2026. The Issuing Officer shall post the answers to the questions on the following website at www.emarketplace.state.pa.us.

An Offeror who submits a question after the deadline date for receipt of questions assumes the risk that its proposal will not be responsive or competitive because the Commonwealth is not able to respond before the proposal receipt date or in sufficient time for the Offeror to prepare a responsive or competitive proposal. When submitted after the deadline date for receipt of questions, the Issuing Officer may respond to the questions of an administrative nature by directing the questioning Offeror to specific provisions in the RFP. To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date for receipt of questions, the answer must be provided to all Offerors through an addendum.

All questions and responses as posted on the Issuing Office website are considered as an addendum to, and part of, this RFP. Each Offeror shall be responsible to monitor the Issuing Office website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as as addendum by the Issuing Office.

The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation.

I.10 RFP-010.1 Addenda to the RFP (March 2008)

If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the following website at www.emarketplace.state.pa.us . It is the Offeror's responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the

RFP.

I.11 RFP-011.1b Proposal Response Date (Oct 2012)

To be considered for selection, all three submittals of the proposal must arrive at the Issuing Office on or before 10/30/2026 by 02:00 PM. The Technical Submittal and the Small Diverse Business Participation Submittal must be submitted in hard copy form, while the Cost Submittal must be submitted electronically through SRM. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send their Technical and Small Diverse Business Participation Submittals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Issuing Office location to which the Technical and Small Diverse Business Participation Submittals are to be submitted is closed on the Proposal Response Date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject, unopened, any late Technical and Small Diverse Business Participation Submittals. The SRM system will not permit Offerors to submit Cost Submittals after the Proposal Response Date and Time.

I.12 RFP-012.1B Proposals (February 2015)

To be considered, Offerors should submit a complete response to this RFP using the format provided in Part II.

Offerors shall provide 01 paper copies [one marked “ORIGINAL”] of the Technical Submittal and two (2) paper copies of the Small Diverse Business (SDB) participation Submittal to the Issuing Office. Offerors shall provide the Cost Submittal by entering price(s) through the Supplier Portal and submitting to the Issuing Office through the SRM system. In addition, Offerors shall submit one complete and exact copy of the entire proposal (Technical, Cost and SDB Submittals, along with all requested documents) on CD-ROM or Flash drive in Microsoft Office or Microsoft Office-compatible format. The electronic copy must be a mirror image of the paper copy and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no cost information in the technical Submittal. Offerors should not reiterate technical information in the cost Submittal. The CD or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other offeror or Commonwealth official or Commonwealth consultant. Each page of the Technical Submittal and the SDB Submittal should be numbered for ease of reference. An official authorized to bind the Offeror to its provision must sign the proposal. For this RFP, the proposal must remain valid for 090 days or until a contract is fully executed. If the Issuing Office selects the Offeror's proposal for award, the contents of the selected Offeror's proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office's address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its submitted Technical Submittal and the SDB Submittal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements. An Offeror may modify its Cost Submittal prior to the exact hour and date set for proposal receipt only by entering new price(s) through the Supplier Portal and submitting them to the Issuing Office through the SRM system.

I.13 RFP-013.1a Small Diverse Business Information (October 2015)

The Issuing Office encourages participation by small diverse businesses as prime contractors, and encourages all prime contractors to make a significant commitment to use small diverse businesses as subcontractors and suppliers.

A Small Diverse Business is a DGS-verified minority-owned business, woman-owned business, veteran-owned business or service-disabled veteran-owned business.

A small business is a business in the United States which is independently owned, not dominant in its field of operation, employs no more than 100 full-time or full-time equivalent employees, and earns less than $7 million in gross annual revenues for building design, $20 million in gross annual revenues for sales and services and $25 million in gross annual revenues for those businesses in the information technology sales or service business.

Questions regarding this Program can be directed to:

Department of General Services Bureau of Diversity, Inclusion and Small Business Opportunities Room 611, North Office Building Harrisburg, PA 17125 Phone: (717) 783-3119 Fax: (717) 787-7052 Email: gs-bsbo@pa.gov Website: www.dgs.state.pa.us

The Department’s directory of BDISBO-verified minority, women, veteran and service disabled veteran-owned businesses can be accessed from: Searching for Small Diverse Businesses.

I.14 RFP-014.1 Economy of Preparation (Oct 2006) Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror's ability to meet the requirements of the RFP.

I.15 RFP-015.1 Alternate Proposals (Oct 2006) The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals.

I.16 RFP-016.1 Discussions for Clarification (Sept 2011)

Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution.

I.17 RFP-017.1 Prime Contractor Responsibilities (Oct 2006) The contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The Issuing Office will consider the selected Offeror to be the sole point of contact with regard to contractual matters.

I.18 RFP-018.1 Proposal Contents (February 2015)

a. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection c. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.

b. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

c. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests. Refer to the Trade Secret Confidential Proprietary Information Notice Form (an Appendix to this RFP) that may be utilized as the signed written statement, if applicable. If financial capability information is submitted in response to Part II of this RFP such financial capability information is exempt from public records disclosure under 65 P.S. § 67.708(b)(26).

I.19 RFP-019.1 Best and Final Offers (July 2012)

A. While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining “best and final offers.” To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following, in any combination and order:

1. Schedule oral presentations;

2. Request revised proposals;

3. Conduct a reverse online auction; and

4. Enter into pre-selection negotiations.

B. The following Offerors will not be invited by the Issuing Office to submit a Best and Final Offer:

1. Those Offerors, which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive.

2. Those Offerors, which the Issuing Office has determined in accordance with Part III, Section III-RFP-005.2b, from the submitted and gathered financial and other information, do not possess the financial capability, experience or qualifications to assure good faith performance of the contract.

3. Those Offerors whose score for their technical submittal of the proposal is less than 70% of the total amount of technical points allotted to the technical criterion.

The issuing office may further limit participation in the best and final offers process to those remaining responsible offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals.

C. The Evaluation Criteria found in Part III, Section III-RFP-004.1a shall also be used to evaluate the Best and Final offers.

D. Price reductions offered through any reverse online auction shall have no effect upon the Offeror’s Technical Submittal. Dollar commitments to Small Diverse Businesses can be reduced only in the same percentage as the percent reduction in the total price offered through any reverse online auction or negotiations.

I.20 RFP-020.1 News Releases (Oct 2006) Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I.21 RFP-021.1 Restriction of Contact (Oct 2006) From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror's proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror's proposal or rescind its contract award.

Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

I.22 RFP-021.2 Notification of Selection (Sept 2011)

A. Contract Negotiations. The Issuing Office will notify all Offerors in writing of the Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

B. Award. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror.

I.23 RFP-022.1 Debriefing Conferences (Sept 2011)

Upon notification of award, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals. An Offeror’s exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest (See Section I-RFP-024.1a or I-RFP-024.1b of this RFP).

I.24 RFP-023.1 Issuing Office Participation (Oct 2006) Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise provided in Part IV.

I.25 RFP-024.1b RFP Protest Procedure (April 2016)

A protest by a party not submitting a proposal must be filed within seven days after the protesting party knew or should have known of the facts giving rise to the protest, but no later than the Proposal Response Date. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office. To be timely, the protest must be received by 4:00 p.m. on the seventh day.

I.26 RFP-025.1 Electronic Version of this RFP (Oct 2006)

This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror's possession and the Issuing Office's version of the RFP, the Issuing Office's version shall govern.

I.27 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 - PROPOSAL REQUIREMENTS

PART II - PROPOSAL REQUIREMENTS

II.1 RFP-001.1c General Requirements (July 2012)

Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Technical Submittal. The Technical Submittal and the Small Diverse Business Participation Submittal should not contain any cost data related to the Offeror’s Proposal. Each Proposal shall consist of the following:

Two separately sealed submittals, which are to be submitted in hard copy:

a. Technical Submittal

b. Small Diverse Business Participation Submittal

AND

The Cost Submittal that consists of the Offeror’s completion and submission of the pricing through the Supplier Portal in the SRM system.

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

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

II.2 RFP-002.1 Technical Submittal Requirements - Standard (July 2012)

Offerors must include in their Technical Submittal, their responses to the following:

a. Statement of the Problem: State in succinct terms your understanding of the problem presented or the service required by this RFP.

b. Managment Summary: Include a narrative description of the proposed effort and a list of the items to be delivered or services to be provided.

c. Work Plan: Describe in narrative form your technical plan for accomplishing the work. Use the task descriptions in Part IV of this RFP as your reference point. Modifications of the task descriptions are permitted;

however, reasons for changes should be fully explained. Indicate the number of person hours allocated to each task.

Include a Program Evaluation and Review Technique (PERT) or similar type display, time related, showing each event. If more than one approach is apparent, comment on why you chose this approach.

d. Prior Experience: Experience shown should be work done by individuals who will be assigned to this project as well as that of your company. Studies or projects referred to must be identified and the name of the customer shown, including the name, address, and telephone number of the responsible official of the customer, company, or agency who may be contacted.

e. Personnel: Include the number of executive and professional personnel, analysts, auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Show where these personnel will be physically located during the time they are engaged in the Project. For key personnel, include the employee's name and, through a resume or similar document, the Project personnel's education and experience. Indicate the responsibilities each individual will have in this Project and how long each has been with your company. Identify by name any subcontractors you intend to use and the services they will perform.

f. Training: If appropriate, indicate recommended training of agency personnel. Include the agency personnel to be trained, the number to be trained, duration of the program, place of training, curricula, training materials to be used, number and frequency of sessions, and number and level of instructors.

g. Financial Capability: Describe your company’s financial stability and economic capability to perform the contract requirements. Provide your company’s financial statements (audited, if available) for the past three fiscal years. Financial statements must include the company’s Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report, if available. If your company is a publicly traded company, please provide a link to your financial records on your company website in lieu of providing hardcopies. The Commonwealth reserves the right to request additional information it deems necessary to evaluate an Offeror’s financial capability.

h. Objections and Additions to Standard Contract Terms and Conditions: The Offeror will identify which, if any, of the terms and conditions (contained in Part V) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror's failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office's sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Part V All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offeror's, or any other, online guides or online terms and conditions contained in any proposal.

Regardless of any objections set out in its proposal, the Offeror msut submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Part V. The Issuing Office will reject any proposal that is conditioned on the negotiation of terms and conditions other than those set out in Part V.

II.3 RFP-003.1a Small Diverse Business Participation Submittal (October 2015)

A. To receive credit for being a Small Diverse Business or for subcontracting with a Small Diverse Business (including purchasing supplies and/or services through a purchase agreement), an Offeror must include proof of Small Diverse Business qualification in the Small Diverse Business participation submittal of the proposal, as indicated below:

A Small Diverse Business verified by BDISBO as a Small Diverse Business must provide a photocopy of their verification letter.

B. In addition to the above verification letter, the Offeror must include in the Small Diverse Business participation submittal of the proposal the following information:

1. All Offerors must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Offeror and not by subcontractors and suppliers.

2. All Offerors must include a numerical percentage which represents the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Diverse Businesses (SDBs) as subcontractors. To support its total percentage SDB subcontractor commitment, Offeror must also include:

a) The percentage and dollar amount of each subcontract commitment to a Small Diverse Business;

b) The name of each Small Diverse Business. The Offeror will not receive credit for stating that after the contract is awarded it will find a Small Diverse Business.

c) The services or supplies each Small Diverse Business will provide, including the timeframe for providing the services or supplies.

d) The location where each Small Diverse Business will perform services.

e) The timeframe for each Small Diverse Business to provide or deliver the goods or services.

f) A subcontract or letter of intent signed by the Offeror and the Small Diverse Business (SDB) for each SDB identified in the SDB Submittal. The subcontract or letter of intent must identify the specific work, goods or services the SDB will perform, how the work, goods or services relates to the project, and the specific timeframe during the term of the contract and any option/renewal periods when the work, goods or services will be performed or provided. In addition, the subcontract or letter of intent must identify the fixed percentage commitment and associated estimated dollar value that each SDB will receive based on the total value of the initial term of the contract as provided in the Offeror's Cost Submittal. Attached is a letter of intent template which may be used to satisfy these requirements.

g) The name, address and telephone number of the primary contact person for each Small Diverse Business.

3. The total percentages and each SDB subcontractor commitment will become contractual obligations once the contract is fully executed.

4. The name and telephone number of the Offeror’s project (contact) person for the Small Diverse Business information.

C. The Offeror is required to submit two copies of its Small Diverse Business participation submittal. The submittal shall be clearly identified as Small Diverse Business information and sealed in its own envelope, separate from the remainder of the proposal.

D. A Small Diverse Business can be included as a subcontractor with as many prime contractors as it chooses in separate proposals.

E. An Offeror that qualifies as a Small Diverse Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors.

II.4 RFP-004.1B Cost Submittal Requirements - Electronic Submission (Jan 2008) The Cost Submittal consists of the Offeror's completion and submission of its pricing through the Supplier Portal in the SRM system. Offerors should not include any assumptions in their cost submittals. If the Offeror include assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office's written answer so that all proposals are submitted on the same basis.

The Issuing Office will reimburse the selected Offeror for work satisfactorily performed after execution of a written contract and the start of the contract term, in accordance with contract requirements, and only after the Issuing Office has issued a notice to proceed.

II.5 RFP-005.1 Domestic Workforce Utilization Certification (Oct 2006)

Offerors who seek consideration for the Domestic Workforce Utilization Certification criterion must complete, sign and submit the Domestic Workforce Utilization Certification Form, which is attached to and made a part of this RFP. The completed and signed Domestic Workforce Utilization Certification Form must be submitted in the same sealed envelope with the Technical Submittal.

II.6 RFP-012.1b Iran Free Procurement Certification and Disclosure – Electronic Submittal (November 2016)

Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, an offeror must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the Pennsylvania Department of General Services (“DGS”) pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e).

All offerors must complete and return the Iran Free Procurement Certification form, which is attached hereto and made part of this RFP. The completed and signed Iran Free Procurement Certification form must be submitted in the same sealed envelope with the Technical Submittal.

See the following web page for current Iran Free Procurement list:

https://www.dgs.pa.gov/Documents/Procurement%20Forms/ProposedIranFreeProcurementList.pdf

Part III - Criteria for Selections

PART III - CRITERIA FOR SELECTION

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

To be eligible for selection, a proposal must be:

a. Timely received from an Offeror;

b. Properly signed by the Offeror.

III.2 RFP-002.1 Technical Nonconforming Proposals (January 2011)

The Mandatory Responsiveness Requirements set forth in Section III- RFP-001.1a or Section III-RFP-001.1b above are the only RFP requirements that the Commonwealth will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in an Offeror’s proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offeror’s proposal.

III.3 RFP-003.1a Evaluation (October 2015)

The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. Independent of the committee, BDISBO will evaluate the Small Diverse Business Participation Submittal and provide the Issuing Office with a rating for this component of each proposal. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors.

III.4 RFP-004.1a Evaluation Criteria (October 2015)

A. Technical: The Issuing Office has established the weight for the Technical criterion for this RFP as [Insert the percentage] % of the total points. Evaluation will be based upon the following in order of importance: [List here in order of importance each Technical Sub-criterion for example: Understanding the Problem, Offeror Qualification, Personnel Qualifications, Soundness of Approach, Available Facilities, etc.] The final Technical scores are determined by giving the maximum number of technical points available to the proposal with the highest raw technical score.

The remaining proposals are rated by applying the Technical Scoring Formula set forth at the following webpage:

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx

B. Cost: The Issuing Office has established the weight for the Cost criterion for this RFP as [Insert the percentage] % of the total points. The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the Cost Formula set forth at the following webpage:

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx

C. Small Diverse Business Participation:

BDISBO has established the weight for the Small Diverse Business (SDB) participation criterion for this RFP as 20 % of the total points. Each SDB participation submittal will be rated for its approach to enhancing the utilization of SDBs in accordance with the below-listed priority ranking and subject to the following requirements:

• A business submitting a proposal as a prime contractor must perform 60% of the total contract value to receive points for this criterion under any priority ranking.

• To receive credit for an SDB subcontracting commitment, the SDB subcontractor must perform at least fifty percent (50%) of the work subcontracted to it.

• A significant subcontracting commitment is a minimum of five percent (5%) of the total contract value. [Five percent (5%) may be adjusted with DGS approval for particular procurements based on the type of project and available SDBs; “total contract value” may be changed with DGS approval to another pre-defined contract cost component as appropriate to better reflect the amount of contractor compensation realized in particular contract payment structures.]

• A subcontracting commitment less than five percent (5%) of the total contract value [Edit highlighted terms to match if prior subsection is edited per above note.] is considered nominal and will receive reduced or no additional SDB points depending on the priority ranking.

Priority Rank 1: Proposals submitted by SDBs as prime offerors will receive 150 points. In addition, SDB prime offerors that have significant subcontracting commitments to additional SDBs may receive up to an additional 50 points (200 points total available).

Subcontracting commitments to additional SDBs are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. All other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below.

Priority Rank 2: Proposals submitted by SDBs as prime contractors, with no or nominal subcontracting commitments to additional SDBs, will receive 150 points.

Priority Rank 3: Proposals submitted by non-small diverse businesses as prime contractors, with significant subcontracting commitments to SDBs, will receive up to 100 points. Proposals submitted with nominal subcontracting commitments to SDBs will receive points equal to the percentage level of their total SDB subcontracting commitment.

SDB subcontracting commitments are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. All other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below.

Priority Rank 4: Proposals by non-small diverse businesses as prime contractors with no SDB subcontracting commitments shall receive no points under this criterion.

To the extent that there are multiple SDB Participation submittals in Priority Rank 1 and/or Priority Rank 3 that offer significant subcontracting commitments to SDBs, the proposal offering the highest total percentage SDB subcontracting commitment shall receive the highest score (or additional points) available in that Priority Rank category and the other proposal(s) in that category shall be scored in proportion to the highest total percentage SDB subcontracting commitment. Proportional scoring is determined by applying the following formula:

SDB % Being Scored x Points/Additional = Awarded/Additional

Highest % SDB Commitment Points Available* SDB Points

Priority Rank 1 = 50 Additional Points Available

Priority Rank 3 = 100 Total Points Available

Please refer to the following webpage for an illustrative chart which shows SDB scoring based on a hypothetical situation in which the Commonwealth receives proposals for each Priority Rank:

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx.

III.5 RFP-005.1 Domestic Workforce Utilization Criterion (February 2015)

Any points received for the Domestic Workforce Utilization criterion are bonus points in addition to the total points for this RFP. The maximum bonus points for this criterion is 3% of the total points for this RFP. To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offeror’s who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. See the following webpage for the Domestic Workforce Utilization Formula:

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx

Offeror’s who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form in the same sealed envelope with the Technical Submittal. The certification will be included as a contractual obligation when the contract is executed.

III.6 RFP-005.2b Offeror Responsibility (Oct 2013)

To be responsible, an Offeror must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract.

In order for an Offeror to be considered responsible for this RFP and therefore eligible for selection for best and final offers or selection for contract negotiations:

A. The total score for the technical submittal of the Offeror’s proposal must be greater than or equal to 70% of the available technical points; and

B. The Offeror’s financial information must demonstrate that the Offeror possesses the financial capability to assure good faith performance of the contract.