74BAI-S3305 REFEREE-ARBITRATOR RFP~4.docx

Nevada State Purchasing Division Department of Administration 515 E Musser St Ste 300 Carson City, NV 89701 purchasing.nv.gov nevadaepro.com

Request for Proposal 74BAI-S3305

Release Date 10/06/2025

Solicitation number 74BAI-3305

Single point of contact name Joel Wixon, Purchasing Officer II

Single point of contact email j.wixon@admin.nv.gov

Single point of contact phone# 775-531-3313

Soliciting agency Nevada State Purchasing

Contracting agency Business and Industry, Nevada Real Estate Division

Solicitation title Alternative Dispute Resolution Referee/Arbitrator Panel

Deadline for submissions 10/30/2025

For deaf and hard of hearing, call 711 and ask the relay agency to dial the single point of contact phone number above.

This request for proposals is available at nevadaepro.com as a bid solicitation.

Table of Contents

Applicable regulations governing procurement

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

Single point of contact. Vendors and their representatives shall only contact the single point of contract or use the electronic procurement system regarding this solicitation until after a notice of award (NOA) has been issued. Failure to observe this restriction may result in disqualification of a response per NAC 333.155(3).

Ethics. 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 Nevada State Purchasing on behalf of the Business and Industry, Nevada Real Estate Division – Office of the Ombudsman for Common-Interest Communities and Condominium Hotels is seeking proposals from qualified vendors to provide arbitration/referee services and will be assigned claims facilitated by the Real Estate Division through the Alternative Dispute Resolution program, and is expected to fairly, objectively and expeditiously conduct arbitration/refereeing between Claimants and Respondents as mandated by NRS 38, utilizing knowledgeable interpretations of NRS 116 as well as the Covenants, Conditions and Restrictions (governing documents) of the homeowner association(s) involved as described below and in the scope of work and attachments.

The State intends to award multiple contracts on a rolling basis in conjunction with this request for qualifications (RFQ), as determined in the best interests of the State. Business and Industry, Nevada Real Estate Division – Office of the Ombudsman for Common-Interest Communities and Condominium Hotels shall administer contract resulting from this solicitation. The resulting contracts are expected to be for a contract term of four years, subject to Board of Examiners approval.

Vendors will qualify through the submission process in Nevadaepro.com by submitting a complete Application Packet following the quote submission process within nevadaepro.com.

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

Standard form contract Insurance schedule

Attachments for response. To be completed and returned.

Application Packet

Timeline

Questions. All questions regarding this solicitation shall be submitted using the bid Q&A feature at nevadaepro.com.

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.

The deadline for submissions is the nevadaepro.com bid opening date and time.

Evaluation

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

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

The evaluation committee is an independent committee established to evaluate and score qualitative evaluation factors for the solicitation.

Responses shall be consistently evaluated based upon the following factors.

Mandatory minimum requirements

Pursuant to NRS 333.311 a contract cannot be awarded to a response that does not comply with the requirements listed in this section. Response 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 response, 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).

nevadaepro.com vendor registration. Pursuant to NRS 333.313, vendor must be registered at nevadaepro.com to respond to the solicitation. Vendor information must match Nevada business license and sam.gov entity registration. Vendor information in nevadaepro.com will be used for contract formation. Email address(es) associated with general mailing address or default bid mailing address (if different from general mailing address) in nevadaepro.com will be used for formal notifications. If a vendor has a different contact name and email for negotiations, that should be indicated on the title page(s) of their response.

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). Business license must match nevadaepro.com vendor registration.

System for Award Management (sam.gov) Prior to contract award vendor must hold an active entity registration in sam.gov. Entity registration must match nevadaepro.com vendor registration.

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 and stateside data. State IT requires that data be encrypted in transit and in rest. State IT requires that State data assets must be maintained in the United States and data will not be held offshore.

Confidentiality and certification of indemnification

Submitted responses, which are marked confidential in their entirety, or those in which a significant portion of the submitted response is marked confidential shall not be accepted. Pursuant to NRS 333.333, only proprietary information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendor proposals become public information.

Vendors shall submit proprietary information and confidential business information in separate files, flagged as confidential in nevadaepro.com. The State shall not be responsible for any information contained within a response; responses shall be released as submitted.

By submitting a response vendor acknowledges its responsibility to act in protection of labeled information and agrees to defend and indemnify the State of Nevada for honoring such designation. Failure to so act shall constitute a complete waiver, and all submitted information shall become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

Vendor certifications

Vendor understands and acknowledges that the representations within their response are material and important and shall be relied on by the State in evaluation of the response. Any vendor misrepresentations shall be treated as fraudulent concealment from the State of the true facts relating to the response.

Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal, State, or municipal laws or regulations concerning discrimination or price fixing. Vendor agrees to indemnify, defend, and hold the State harmless from liability for any such violation.

All response terms, including prices, shall remain in effect for a minimum of 180 days after the response due date. In the case of the awarded vendor, all response terms, including prices, shall remain in effect throughout the contract term.

The information included in this response has been arrived at independently and without non-public information obtained from State officials, staff, or their agents.

All employees and contractors assigned to the project are authorized to work in this country.

Vendor has a written equal opportunity policy that does not discriminate in employment practices with regard to race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental disability or disability of another nature.

Vendor has a written policy regarding compliance for maintaining a drug-free workplace.

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 responses. Vendor response should address items in this section in enough detail to provide evaluators an accurate understanding of vendor capabilities. Responses that fail to sufficiently respond to these items may be considered non-responsive.

Standard form contract. The State strongly prefers vendors agree to the terms of the attached standard form contract 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 standard form contract with their response, with comments justifying the benefit to the State for each requested change. 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.

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."

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

Vendor background

Provide a background, history, and why vendor is qualified to provide the services described in this solicitation. Background should include, at a minimum, the location(s) of the office(s) that would perform the work and the number of employees locally and in total. History should include, at a minimum, the number of years in business and company headquarters location. Provide a brief description of the length of time vendor has been providing services described in this solicitation to the public or private sector. If your company has worked with the State previously, include information about those engagements.

Current or former employees. If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response, and specify the services that each person shall be expected to perform.

Exclusions. All conditions and provisions of this solicitation are deemed to be accepted by the vendor and incorporated by reference in the response, except such conditions and provisions that the vendor expressly excludes in the response. Any exclusion shall be in writing and included in the response at the time of submission.

Confidential business 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.

Conflict of interest. Vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this solicitation. Any such relationship that might be perceived or represented as a conflict shall be disclosed. By submitting a response in response to this solicitation, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall result in disqualification of a vendor response. An award shall not be made where a conflict of interest exists. The State shall determine whether a conflict of interest exists and whether it may reflect negatively on State vendor selection. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

Submission checklist

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

Responses must be submitted as a quote through nevadaepro.com.

Vendors are encouraged to submit a single file attachment per section where 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.com.

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

Technical proposal

Signed and complete application packet

Confidential business information. If provided by the respondents, attachment should be flagged confidential in nevadaepro.com.

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