70CNR-S2322 RFP.docx

STATE OF NEVADA

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

Solicitation: 70CNR-S2322 For South Fork Watercraft Rentals

Release Date: 03/08/2023 Deadline for Submission and Opening Date and Time: 03/29/2023 @ 10:00am

Single point of contact for the solicitation:

Emily Larsen, Management Analyst II Email Address, e.larsen@parks.nv.gov

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

TABLE OF CONTENTS

APPLICABLE REGULATIONS GOVERNING PROCUREMENT

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

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

PROJECT OVERVIEW

The State of Nevada, Department of Conservation & Natural Resources, Division of State Parks, is seeking proposals from qualified vendors to provide concession services including watercraft rentals of both motorized and non-motorized watercraft to park visitors. The Concessionaire may also sell food, water, ice, ice cream, gasoline, fishing bait, and non-alcoholic beverages to the public.

The South Fork State Recreation Area watercraft rental/food concession area is located at the southwest shores boat ramp at Coyote Cove. This area within the park will offer the above services and will not compete with our main boat launch on the east side of the park. South Fork State Recreation will oversee the project and make sure vendor remains in compliance with all rules and regulations.

The State intends to award one (1) contract in conjunction with this Request for Proposals (RFP), as determined in the best interests of the State. State Parks Division shall administer contract(s) resulting from this solicitation. The resulting contract(s) are expected to be for a contract term of four years, subject to Board of Examiners approval. With an option to renew for four (4) additional years, if agreed upon by both parties and in the best interests of the State.

GOALS AND OBJECTIVES

The Concessionaire should take the following factors into consideration: 1. Algae in the water starts to surface after July 4th and accumulates along the shoreline. 2. The algae can clog motorized vessels and promotes an odor not desirable to the public. Park visitation drops after July 4th weekend. August and September have the lowest summertime visitation. The Concessionaire must be able to obtain all food licensing and EPA permits for commercial operation. Concessionaire must remove all property from the park two weeks after the end of the business season. Concessionaire may have their concession building on site for the duration of the contract. The building must be removed from park property within thirty (30) days at the termination of the contract. Concessionaire incurs all cost for removal of building. Prospective Concessionaire should understand reservoir water levels are dependent on seasonal snowfall accumulations which could impact visitation and business operations. Concessionaire is responsible for all dock construction and maintenance. Proposers to the RFP must successfully function within the environment and under viable park conditions.

The goals and objectives for watercraft rentals is to provide additional water related activities for the use and enjoyment of the visitors of South Fork State Recreation Area. This rental operation exposes new people to the park who would otherwise would not visit. This rental operation provides an opportunity to educate inexperienced water enthusiasts on boating and water safety. The watercraft rental operation is an excellent community relation event demonstrating the state willingness to partner with the community in recreation activities. The watercraft rental operation provides additional state revenue through the RFP concession fees and daily visitation.

SCOPE OF WORK

The Nevada Division of State Park intends to award a new four (4) year concession contract through this Request for Proposal (RFP) for the exclusive operation and maintenance of a watercraft rental and food concession at South Fork State Recreation. The objective is to provide visitors additional water related recreational activities, promoting education and safety to the users while providing the highest level of customer service. Watercraft rental operation can operate their business within the hours of sunrise and sunset or within the hours specified by the business.

Concessionaire unlimited with for following:

jet skis, pontoon boat, single seat kayaks, fishing kayaks, two seat kayaks, stand up paddle boards, multi-person paddle boards, knee boards, youth kayaks, youth stand-up paddleboards, and water tubes.

The vendor is authorized to sell bait to fisherman, food beverages, ice cream, ice, non-alcoholic beverages, gas, water to pubic provided all necessary permits are in place with the following number of years in each area;

Operation of Motorized Watercraft in a Commercial Setting, 2 years, Operation of Food Business in a Commercial Setting, 2 years, Maintenance of Motorized Watercraft, 2 years, Maintenance in Dock Construction, 2 years, and Customer Service, 2 years.

PROJECT SPECIFIC TERMS AND CONDITIONS

Concessionaire will have exclusive access to southwest shores boat ramp in-between sites #26 and #27.

Concessionaire will be allowed to have ten (10) boat slips for summer rental to local boat owners provided insurance requirements are in place.

Concessionaire is allowed to have their boat dock in place for business season provided local boaters have access to (3) boat slips for boat launching/docking purposes when the boat ramp is open.

During low water levels when the ramp is closed, the Concessionaire may use all boating slips to meet the needs of their business operation. South Fork State Recreation Area is not financially responsible for the maintenance of Concessionaire dock.

All watercraft vessels capable of holding water must have the Aquatic Invasive Species sticker and necessary documentation.

Scuba certification with scuba gear on site and CPR certification is desired by Concessionaire in the event of an emergency.

South Fork State Recreation reserves the right to temporarily suspend watercraft rental operations in all public safety and emergency situations.

AGENCY SPECIFIC TERMS AND CONDITIONS

FINANCIAL: Payments will not be made to Concessionaire for this concession. The RFP will result in the selection of a vendor who will then operate under a revenue generating lease with the State of Nevada.

Concessionaire agrees to obtain and deliver to Parks, within thirty (30) days after final approval of this concession lease, a valid surety bond for the protection of the financial interests of the State of Nevada, Division of State Parks in the sum of five thousand dollars ($5,000) payable to Parks. The surety shall be in the form of a commercial performance bond, irrevocable letter of credit, or cash surety by means of a certified check, money order or certificate of deposit in the name of “Nevada Division of State Parks”. Said surety shall be kept by Concessionaire in full force and effect during the entire term of this concession lease to insure faithful performance by the Concessionaire of all covenants, terms, and conditions of this section. The surety will be renewed annually; all interests on a deposit shall accrue to the Concessionaire. Parks will not pay interest on surety funds in cash held by Parks.

The State does not issue billing claims or payments for this concession.

ATTACHMENTS

ATTACHMENTS INCORPORATED BY REFERENCE. To be read and not returned.

Terms and Conditions for Services

ATTACHMENTS FOR REVIEW. To be read and not returned (unless redlining).

Contract Form Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned in proposal.

Cost Schedule- See attached Operational cost.doc Proposed Staff Resume

Reference Questionnaire

Attachments for Signature

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

TIMELINE

QUESTIONS. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in NevadaEPro.

TIMELINE. The following represents the proposed timeline for this project.

All times stated are Pacific Time (PT).

These dates represent a tentative schedule of events.

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

EVALUATION

Evaluation and scoring are conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

Proposals shall be kept confidential until a contract is awarded.

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

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

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

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

NEVADA-BASED BUSINESS PREFERENCE

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

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

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

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

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

INVERSE PREFERENCE

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

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

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

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

MANDATORY MINIMUM REQUIREMENTS

Pursuant to NRS 333.311 a contact cannot be awarded to a proposal that does not comply with the requirements listed in this section. Proposal shall include confirmation of compliance with all mandatory minimum requirements.

NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339, any contract that is entered into may not: (1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) Require the State to indemnify another party against liability for damages.

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

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

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

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

DATA ENCRYPTION. State IT requires that data be encrypted in transit and in rest.

STATESIDE DATA. State IT requires that State data assets must be maintained in the United States and data will not be held offshore.

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

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

CRITICAL ITEMS

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

CONTRACT FORM. The State strongly prefers vendors agree to the terms of the attached Contract Form as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached Contract Form with their proposal response. To the extent a vendor has prior contractual dealings with the State, no assumption should be made that terms outside those provided herein have any influence on this project.

INSURANCE SCHEDULE

The State strongly prefers vendors agree to the terms of the attached Insurance Schedule as is. Vendors who cannot agree must explain which areas are causing non-compliance and attach a red line if necessary.

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

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

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

VENDOR BACKGROUND

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

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

VENDOR STAFF RESUMES

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

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

SUBCONTRACTORS

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

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

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

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

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

VENDOR FINANCIAL INFORMATION

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

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

Proposing vendor shall provide the following financial information and documentation:

Dun and Bradstreet Number Federal Tax Identification Number The last two (2) full years and current year interim:

1. Profit and Loss Statements

2. Balance Statements

BUSINESS REFERENCES

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

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

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

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

Business references will not be accepted directly from proposing vendor.

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

The State reserves the right to contact references during evaluation.

SUBMISSION CHECKLIST

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

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

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

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

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

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

TECHNICAL PROPOSAL

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

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

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

COST PROPOSAL

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

SIGNED ATTACHMENTS

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

OTHER ATTACHMENTS. If necessary, not recommended.

REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.

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Terms and Conditions for Services.pdf

TERMS AND CONDITIONS FOR SERVICES

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The information contained in this attachment is part of the solicitation and does not need to be returned with a vendor proposal.

1. PROCUREMENT

1.1. AUTHORITY

1.1.1. This procurement is conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

1.1.2. Any contract(s) awarded from this solicitation is a “state purchasing contract.”

1.1.3. As used herein, “the State” refers to the Executive Department of the State Government of Nevada as the soliciting and awarding entity. Where a solicitation is on behalf of additional users or agencies and/or part of a cooperative solicitation, the term collectively includes those entities as well.

1.2. SINGLE POINT OF CONTACT

1.2.1. The single point of contact for this solicitation is identified on page 1.

1.2.2. Upon issuance of the solicitation, other employees and representatives of the agencies identified in the solicitation shall not answer questions or otherwise discuss the contents of the solicitation and/or attachments with any prospective vendors or their representatives.

1.2.3. Vendors and/or their representatives shall only contact the single point of contract regarding this solicitation until after a notice of award (NOA) has been issued.

1.2.4. Failure to observe this restriction may result in disqualification of a proposal per NAC 333.155(3).

1.2.5. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

1.3. WRITTEN QUESTIONS AND ANSWERS

1.3.1. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in https://NevadaEPro.com by the deadline listed in the solicitation timeline.

1.3.2. If questions and answers require a material change to the solicitation, an amendment will be posted in NevadaEPro, and vendors should receive email notification.

1.3.3. To access the Bid Q&A.

A. Log into ‘Seller’ account on NevadaEPro.

B. Click the ‘Bids’ tab in the header.

C. Click ‘View’ under ‘Bid Q&A’ on the appropriate bid in the ‘Open Bids’ section.

1.4. SOLICITATION

1.4.1. Proposals shall be presented in a format that corresponds to and references sections outlined in a solicitation and shall be presented in the order requested for ease of evaluation.

1.4.2. Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy requirements of a solicitation.

1.4.3. If a vendor changes any material language, proposal may be deemed non-responsive per NRS 333.311.

1.4.4. The State reserves the right to reject any or all proposals received prior to contract award.

1.4.5. The State reserves the right to limit the scope of work prior to award, if deemed in the best interest of the State.

1.4.6. The State reserves the right to alter, amend, or modify any provisions of this solicitation, or to withdraw this solicitation, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

1.4.7. Proposals may be modified or withdrawn prior to opening. Withdrawals received after opening shall not be considered except as authorized by NRS 333.350(3).

1.4.8. Submitted proposals become property of the State, selection or rejection does not affect this right.

1.4.9. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend complexity and risk of the project, may be rejected.

1.4.10. The State is not liable for any costs incurred by vendors prior to entering a formal contract.

1.4.11. Costs of developing a proposal or any other such expenses incurred by a vendor in responding to a solicitation, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

1.4.12. Any person who believes a solicitation contains irregularities, a lack of clarity, unnecessarily restrictive specifications, or unnecessary limits to competition shall notify the single point of contact, in writing, as soon as possible, so that corrective addenda may be furnished in a timely manner to all vendors if appropriate.

https://nevadaepro.com/

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1.4.13. The State reserves the right to waive informalities and minor irregularities in proposals received.

1.4.14. The State shall not be obligated to accept the lowest priced proposal, however, shall make an award in the best interest of the State after all factors have been evaluated.

1.4.15. The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

1.4.16. The State reserves the right to reject any proposal based upon vendor prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

1.4.17. Clarification discussions may, at State sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive.

1.4.18. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals.

1.4.19. Revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

1.4.20. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing vendors.

1.4.21. Any modifications made to a proposal during negotiations shall be included as part of the contract.

1.4.22. Proposals from employees of the State of Nevada shall be considered in as much as they do not conflict with the State

Administrative Manual (SAM), NRS Chapter 281, and NRS Chapter 284.

1.4.23. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

A. NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates.

B. NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates.

C. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation.

1.4.24. Prices offered by a vendor in a proposal are an irrevocable offer for the term of the contract and any contract extensions.

1.4.25. Vendor agrees to provide purchased services at costs, rates and fees as set forth in a proposal submitted in response to a solicitation. No other costs, rates or fees shall be payable to awarded vendor for implementation of proposal.

1.4.26. Vendor shall not propose an alternative that would require the State to acquire hardware or software or change processes to function properly on vendor system unless vendor included a clear description of such proposed alternatives and clearly mark any descriptive material to show proposed alternative. An acceptable alternative is one the State considers satisfactory in meeting requirements of a solicitation. The State, at its sole discretion, shall determine if a proposed alternative meets the intent of an original solicitation requirement.

1.5. MATERIAL MISREPRESENTATION. Vendor understands and acknowledges that representations made in its proposal are material and important and shall be relied on by the State in evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

1.6. PROPRIETARY INFORMATION/TRADE SECRETS

1.6.1. As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

1.6.2. If complete responses cannot be provided without referencing proprietary information, such information shall be provided in a separate attachment, cross-referenced to public attachments. Only proprietary information as defined in NRS 333.020(5) can be confidential.

1.6.3. Specific references made to a section, page, and paragraph where proprietary information can be located shall be identified on Confidentiality and Certification of Indemnification.

1.6.4. Vendors are required to submit written documentation in accordance with Confidentiality and Certification of Indemnification justifying confidential status.

1.6.5. Not conforming to these requirements makes a proposal non-compliant and it may be rejected by the State.

1.7. ONLINE BIDDING

1.7.1. Pursuant to NRS 333.313, NevadaEPro, located at https://NevadaEPro.com, is the State online bidding system.

1.7.2. All official communication will be through NevadaEPro.

1.7.3. Vendors should check NevadaEPro frequently for matters affecting a solicitation prior to submitting a quote or proposal.

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1.7.4. Failure to periodically check for updates does not release a vendor from requirements or information posted.

1.7.5. Failure to flag quote attachments as confidential in NevadaEPro that contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

1.8. ELECTRONIC QUOTE

1.8.1. Vendors shall submit quotes or proposals by using ‘Create Quote’ via NevadaEPro, the State electronic procurement website, located at https://NevadaEPro.com.

1.8.2. Refer to Quote Instructions attachment in NevadaEPro for instructions on how to submit a Quote.

1.8.3. Vendors shall provide pricing directly in NevadaEPro, or select ‘See Quote Attachments’ as appropriate.

1.8.4. Quotes or proposals shall be submitted before the date and time specified on bid in NevadaEPro.

1.8.5. Vendors may submit their quote or proposal any time prior to the deadline stated in NevadaEPro.

1.8.6. If dates/times specified in a document and dates/times specified in NevadaEPro conflict, dates/times in NevadaEPro shall prevail.

1.8.7. Quotes or proposals submitted as physical copies, email, or any submission method except NevadaEPro shall not be considered.

1.8.8. Vendor quote or proposal documents shall be uploaded as attachments to NevadaEPro quote.

1.8.9. Only quotes or proposals submitted through NevadaEPro will be considered for award.

1.8.10. Quotes improperly submitted as ‘No Bid’ in NevadaEPro may not be received by the State or considered for award.

1.8.11. Quotes or proposals that are not submitted by the opening date and time shall not be accepted.

2. AWARD

2.1. NOTICE OF INTENT TO AWARD

2.1.1. A letter of intent (LOI) shall be issued in accordance with NAC 333.170 notifying proposing vendors of the intent to award a contract to an identified vendor, pending successful negotiations.

2.1.2. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached.

2.1.3. All information remains confidential until the issuance of the formal notice of award (NOA).

2.1.4. If contract negotiations cannot be concluded successfully, the State upon written notice to all proposing vendors may negotiate a contract with the next highest scoring vendor or withdraw the solicitation.

2.2. NOTICE OF AWARD

2.2.1. A notice of award (NOA) shall be issued in accordance with NAC 333.170.

2.2.2. Proposing vendors shall be notified via NevadaEPro a contract has been successfully negotiated.

2.2.3. Award is contingent upon the successful negotiation of final contract terms.

2.2.4. Any non-confidential information becomes available upon written request, and most is available in NevadaEPro.

2.2.5. Pursuant to NRS 333.370, the period in which a person who made an unsuccessful proposal may file a notice of appeal commences.

2.2.6. Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and NAC Chapter 333.

2.3. CONTRACT EXECUTION

2.3.1. If required pursuant to NRS 333.700, contracts shall not be effective unless and until approved by the Nevada State

Board of Examiners (BOE).

2.3.2. The State reserves the right to negotiate final contract terms with any vendor selected per NAC 333.170.

2.3.3. The contract between the parties shall consist of the solicitation together with any modifications thereto, and the awarded vendor proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence.

A. Final executed contract B. Modifications and clarifications C. Solicitation and amendments D. Awarded vendor proposal

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2.3.4. Specific exceptions to this general rule may be noted in a solicitation or final executed contract.

3. CONTRACT

3.1. THIRD PARTY BENEFICIARIES

3.1.1. Using agencies as defined in NRS 333.020(10) and other public entities as defined in NRS 333.469 and 333.470 are intended third party beneficiaries of any contract resulting from this solicitation and may join or use any contract resulting from this solicitation subject to Nevada law.

3.1.2. Public entities in other states or jurisdictions may join or use any resulting contract from this solicitation subject to cooperative contracting laws in their respective state or jurisdiction.

3.1.3. The State is not liable for obligations of any other entity which joins or uses any contract resulting from this solicitation.

3.2. ADMINISTRATIVE FEE

3.2.1. The State may implement an administrative fee of not more than 1% on contracts procured or negotiated by the State

Purchasing Division pursuant to NRS 333.450.

3.2.2. This fee may be assessed over the time of the contract period.

3.2.3. Vendors will be provided 30 days written notice before fees are assessed.

3.2.4. Fees shall be paid quarterly, 45 days after the close of the quarter, on all purchases under the contract.

3.3. AWARD OF RELATED CONTRACTS

3.3.1. The State may undertake or award supplemental contracts for work related to a project or any portion thereof.

3.3.2. Contractor shall be bound to cooperate fully with such other contractors and the State in all cases.

3.3.3. All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime contractor.

3.4. DISCRIMINATION

3.4.1. The State, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§

2000d to 2000d-4) and federal Regulations, hereby notifies all bidders it will affirmatively ensure that for any contract entered into pursuant to this solicitation, all contractors will be afforded full opportunity to submit proposals and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or LEP in consideration for award.

3.4.2. Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation apprenticeship.

3.4.3. The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

3.5. PROTECTION OF SENSITIVE INFORMATION

3.5.1. Confidential personal data shall be encrypted.

3.5.2. Any electronic transmission of personal information shall comply with NRS 603A.215 (2 & 3).

3.5.3. Sensitive data shall be encrypted in all newly developed applications.

3.6. STATE OWNED PROPERTY. Contractor shall be responsible for proper custody and care of any State-owned property furnished by the State for use in connection with performance of a contract and shall reimburse the State for any loss or damage.

3.7. INSPECTION/ACCEPTANCE/COMPLETION OF WORK

3.7.1. It is expressly understood and agreed all work done by Contractor shall be subject to inspection and acceptance by the

State.

Revised: June 2022 Page 5 of 6 Terms and Conditions for Services

3.7.2. Progress inspections and approval by the State shall not forfeit the right to require correction of faulty workmanship or material at any time during work and warranty periods.

3.7.3. Nothing contained herein shall relieve Contractor of responsibility for proper installation and maintenance of work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State.

3.7.4. Prior to completion of all work, Contractor shall remove from premises all equipment and materials belonging to Contractor.

3.7.5. Upon completion of the work, Contractor shall leave site in a clean and neat condition satisfactory to the State.

3.8. RIGHT TO PUBLISH

3.8.1. All requests for publication or release of any information pertaining to a solicitation and any subsequent contract shall be in writing and sent to the head of the using agency or designee.

3.8.2. No announcement concerning award of a contract due to a solicitation can be made without prior written approval of the head of the using agency or designee.

3.8.3. As a result of selection of a vendor to supply requested services, the State is neither endorsing nor suggesting the vendor is the best or only solution.

3.8.4. Contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with specific advance written authorization of the head of the using agency or designee.

3.8.5. Throughout the term of the contract, Contractor shall secure the written approval prior to the release of any information pertaining to work or activities covered by the contract.

3.9. TRAVEL

3.9.1. If part of the contact, will follow processes below.

3.9.2. All travel shall be approved in writing in advance by the State.

3.9.3. Requests for reimbursement of travel expenses shall be submitted on the State claim for travel expense form with original receipts for all expenses.

3.9.4. Travel expense form, with original signatures, shall be submitted with Contractor invoice.

3.9.5. Contractor shall be reimbursed travel expenses and per diem at rates allowed for State employees at time travel occurs.

3.9.6. State is not responsible for payment of any premium, deductible or assessments on insurance policies purchased by

Contractor for a rental vehicle.

4. FEDERAL LAWS AND AUTHORITIES

4.1. CERTIFICATION. Any person who requests or receives a Federal contract, grant, loan, or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

4.2. COMPLIANCE

4.2.1. Federal laws and authorities with which the awarded vendor shall be required to comply, as applicable, are listed here but are not meant to be exhaustive. Awarded vendors are responsible for an awareness of, and compliance with, State and federal laws and regulations.

4.2.2. Archeological and Historic Preservation Act of 1974, PL 93-291

4.2.3. Clean Air Act, 42 U.S.C. 7506(c)

4.2.4. Endangered Species Act 16 U.S.C. 1531, ET seq.

4.2.5. Executive Order 11593, Protection and Enhancement of the Cultural Environment

4.2.6. Executive Order 11988, Floodplain Management

4.2.7. Executive Order 11990, Protection of Wetlands

4.2.8. Farmland Protection Policy Act, 7 U.S.C. 4201 ET seq.

4.2.9. Fish and Wildlife Coordination Act, PL 85-624, as amended.

4.2.10. National Historic Preservation Act of 1966, PL 89-665, as amended.

4.2.11. Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended.

4.2.12. Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended.

4.2.13. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Revised: June 2022 Page 6 of 6 Terms and Conditions for Services

Grants or Loans

4.2.14. Age Discrimination Act, PL 94-135

4.2.15. Civil Rights Act of 1964, PL 88-352

4.2.16. Section 13 of PL 92-500, Prohibition against sex discrimination under the Federal Water Pollution Control Act

4.2.17. Executive Order 11246, Equal Employment Opportunity

4.2.18. Executive Orders 11625 and 12138, Women’s and Minority Business Enterprise

4.2.19. Rehabilitation Act of 1973, PL 93, 112

4.2.20. Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646

4.2.21. Executive Order 12549 – Debarment and Suspension

4.2.22. Davis-Bacon Act 40 U.S.C. 3141-3148

4.2.23. Contract Work Hours and Safety Standards Act 40 U.S.C. 3701-3708

4.2.24. Rights to Inventions Made Under a Contract or Agreement 37 CFR §401.2(a)

4.2.25. Byrd Anti-Lobbying Amendment 31 U.S.C. 1352

4.2.26. Americans With Disabilities Act of 1990, PL 101-336

4.2.27. Health Insurance Portability and Accountability Act of 1996, PL 104-191

4.2.28. Equal Pay Act of 1963, PL 88-38

4.2.29. Genetic Information Nondiscrimination Act, PL 110-233

5. FINANCIAL

5.1. TAX EXEMPT. The State shall not be liable for Federal, State, or Local excise taxes per NRS 372.325.

5.2. BILLING

5.2.1. The State does not issue payment prior to receipt of goods or services.

5.2.2. Contractor shall bill the State as outlined in the approved contract and/or payment schedule.

5.2.3. Timeliness of Billing. The State is on a fiscal year calendar, running July 1 through June 30. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August and processed as a stale claim pursuant to NRS 353.097, shall subject Contractor to an administrative fee not to exceed $100.00. This is the estimate of additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claim payment due Contractor.

5.3. PAYMENT

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

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

5.3.3. Procurement Card Program. Program is issued through a major financial institution and treated like any other major credit card. Using agencies may desire to use card as a method of payment. No additional charges or fees shall be imposed for using card. Please indicate in Vendor Information Response if willing to accept this method of payment.

1. PROCUREMENT

1.1. AUTHORITY

1.1.1. This procurement is conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

1.1.2. Any contract(s) awarded from this solicitation is a “state purchasing contract.”

1.1.3. As used herein, “the State” refers to the Executive Department of the State Government of Nevada as the soliciting and awarding entity. Where a solicitation is on behalf of additional users or agencies and/or part of a cooperative solicitation,...

1.2. SINGLE POINT OF CONTACT

1.2.1. The single point of contact for this solicitation is identified on page 1.

1.2.2. Upon issuance of the solicitation, other employees and representatives of the agencies identified in the solicitation shall not answer questions or otherwise discuss the contents of the solicitation and/or attachments with any prospective vendo...

1.2.3. Vendors and/or their representatives shall only contact the single point of contract regarding this solicitation until after a notice of award (NOA) has been issued.

1.2.4. Failure to observe this restriction may result in disqualification of a proposal per NAC 333.155(3).

1.2.5. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

1.3. WRITTEN QUESTIONS AND ANSWERS

1.3.1. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in https://NevadaEPro.com by the deadline listed in the solicitation timeline.

1.3.2. If questions and answers require a material change to the solicitation, an amendment will be posted in NevadaEPro, and vendors should receive email notification.

1.3.3. To access the Bid Q&A.

A. Log into ‘Seller’ account on NevadaEPro.

B. Click the ‘Bids’ tab in the header.

C. Click ‘View’ under ‘Bid Q&A’ on the appropriate bid in the ‘Open Bids’ section.

1.4. SOLICITATION

1.4.1. Proposals shall be presented in a format that corresponds to and references sections outlined in a solicitation and shall be presented in the order requested for ease of evaluation.

1.4.2. Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy requirements of a solicitation.

1.4.3. If a vendor changes any material language, proposal may be deemed non-responsive per NRS 333.311.

1.4.4. The State reserves the right to reject any or all proposals received prior to contract award.

1.4.5. The State reserves the right to limit the scope of work prior to award, if deemed in the best interest of the State.

1.4.6. The State reserves the right to alter, amend, or modify any provisions of this solicitation, or to withdraw this solicitation, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

1.4.7. Proposals may be modified or withdrawn prior to opening. Withdrawals received after opening shall not be considered except as authorized by NRS 333.350(3).

1.4.8. Submitted proposals become property of the State, selection or rejection does not affect this right.

1.4.9. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend complexity and risk of the project, may be rejected.

1.4.10. The State is not liable for any costs incurred by vendors prior to entering a formal contract.

1.4.11. Costs of developing a proposal or any other such expenses incurred by a vendor in responding to a solicitation, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

1.4.12. Any person who believes a solicitation contains irregularities, a lack of clarity, unnecessarily restrictive specifications, or unnecessary limits to competition shall notify the single point of contact, in writing, as soon as possible, so tha...

1.4.13. The State reserves the right to waive informalities and minor irregularities in proposals received.

1.4.14. The State shall not be obligated to accept the lowest priced proposal, however, shall make an award in the best interest of the State after all factors have been evaluated.

1.4.15. The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

1.4.16. The State reserves the right to reject any proposal based upon vendor prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failu...

1.4.17. Clarification discussions may, at State sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive.

1.4.18. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals.

1.4.19. Revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

1.4.20. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing vendors.

1.4.21. Any modifications made to a proposal during negotiations shall be included as part of the contract.

1.4.22. Proposals from employees of the State of Nevada shall be considered in as much as they do not conflict with the State Administrative Manual (SAM), NRS Chapter 281, and NRS Chapter 284.

1.4.23. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

A. NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates.

B. NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates.

C. The Administrator reserves the right to secure these goods, materials or supplies from any such…