99SWC-S2474 RFQ Occupational Health Services~1.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

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

Request for Qualifications: 99SWC-S2474 For Occupational Health Services

Release Date: 08/25/2023 Deadline for Submission and Opening Date and Time: 10/02/2023 @ 2:00 pm

Single point of contact for the solicitation:

Joel Smedes, Purchasing Officer Phone,775684-0172 Email Address, j.smedes@admin.nv.gov

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

TABLE OF CONTENTS

APPLICABLE REGULATIONS GOVERNING PROCUREMENT

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

SINGLE POINT OF CONTACT. Vendors and/or 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 proposal per NAC 333.155(3).

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

PROJECT OVERVIEW

The State of Nevada Purchasing Division together with the Department of Administration, Risk Management Division, is seeking proposals for the following purpose: Provision of Statewide Occupational Health Services to State of Nevada employees. Primary services include Annual physical exams for police officers and firefighters (average 2600 per year) cardiac, pulmonary, audiology consultations/evaluations and hepatitis inoculations and screening. See Physical Exams attachment for a complete list of components required to complete a physical exam.

Secondary services include: pre-placement medical exams, physical assessment testing, pre-employment psychological screening, psychological and psychiatric consultation, CDL exams (in conjunction with annual physical and independent from annual exams), Haz Mat exams (in conjunction with annual physical exams or independent from annual physical exams), Respiratory Compliance exams, Drug and Alcohol Testing, Medical surveillance, Independent Medical Evaluations/Fitness for Duty Exams, blood borne pathogen post exposure services, Job Analyses, and miscellaneous occupational health services as identified during the course of the contract. Secondary services average approximately 50 each per year, except for pre-employment psychological screening which is projected at approximately 150 in the north and 500 in the south each fiscal year.

The following agencies, but not limited to, will utilize the primary services:

Department of Motor Vehicles Department of Agriculture Department of Corrections, Nevada Division of Forestry, DPS Investigations Division, DPS Division of Parole and Probation, DPS State Fire Marshal Division Department of Wildlife, Lakes Crossing Center, DPS Nevada Highway Patrol, Nevada Division of State Parks, Risk Management Division, Peace Officers Standards and Training The Office of the Military.

Southern Nevada Adult Mental Health Services – Stein Hospital.

The Nevada System of Higher Education, the Court System, the Legislative Counsel Bureau, and Political Subdivisions (i.e., cities, counties, school districts, etc.) may use the contract(s) resulting from this request however, they are not required to do so. Purchase of services offered through a resultant contract will be at the sole discretion of the individual entities and cannot be guaranteed by the State Purchasing Division.

Other State agencies, that are required to provide occupational health services pursuant to NRS 616 A, B, C and D, 617 or 618, will also be included in the scope of this contract for utilization of secondary services and Hepatitis screening and inoculations. Other agencies that currently utilize secondary services include the Division of Environmental Protection, the Division of Child and Family Services, and the Division of Industrial Relations. However, any State agency may utilize the contract for secondary services.

The Risk Management Division is responsible to oversee, coordinate and monitor provision of services and agency participation in utilization of services for the State. Each individual agency is responsible to schedule services, establish protocols and optional services, respond to fitness for duty issues, and ensure employee compliance with participation in the services. They are also responsible to pay vendors directly.

The State’s first preference is a single statewide contract to handle all services. Second preference is two regional contracts-Northern Nevada/rural areas and Southern Nevada/including Nye and Lincoln counties. Consideration may be given to individual contracts in individual cities or single service contracts, if deemed to be in the best interest of the State. The State of Nevada reserves the right to award several contracts to meet the full scope of services. Vendors are encouraged to coordinate subcontracts, as necessary, to meet the scope of services. If vendors have multiple sites in a specific city, it is desired that one site with dedicated personnel be identified for completion of services.

Origami Reporting System

Origami is a Risk Management Information System (RMIS), which is essentially a claims management system. The vendors do not need to set anything up to use the portal. The Report of Results are submitted through the front facing portal located on the Risk Management website, which is accessible to anyone. See the State of Nevada Risk Management website.

The State Purchasing Division, in conjunction with the Risk Management Division will administer the contract(s) resulting from this solicitation. The State intends to award one or more five-year contracts, to be monitored by Risk Management upon approval by the State Board of Examiners with an intended start date of January 1, 2024. The awarded contract(s) will expire on December 31, 2028. Requested services may vary from projections if budgetary allocations are not available for the full scope of services.

The State does not guarantee any minimum volume of service.

REQUEST FOR QUALIFICATIONS

RFQ PROCESS

The process by which RFQ Responses shall be considered for award under this RFQ consists of two (2) distinct stages.

The first stage is a determination of whether or not the vendor qualifies under the set of General Minimum Qualifications (refer to Section 3.2). If a vendor is determined to not meet any one of the General Minimum Qualifications, the RFQ response in its entirety shall not be considered for award.

The second stage is if the vendor meets all of the General Minimum Qualifications, the proposal shall be evaluated to determine if it meets the Technical Minimum Qualifications (refer to Section 3.3). RFQ responses that do not contain the required information shall not be considered for award. Each RFQ response shall be reviewed independently in the Technical Minimum Qualification section.

GENERAL MINIMUM QUALIFICATIONS

Service Locations

The Department of Corrections, Division of State Parks, Department of Wildlife, Division of Public Safety and the Division of Forestry have small rural facilities near Elko, Ely, Jean, Lovelock, Pioche, Tonopah, Winnemucca, and Wells. Large Prison institutions are located near Ely and in Lovelock, Indian Springs, and Carson City. Onsite physical exams (except for Carson City) and/or diagnostic testing is preferred at these locations in order to minimize employee overtime and travel costs.

Vendors must have a facility in Carson City, Reno, Elko and Las Vegas, unless waived by Risk Management;

Do you comply with this requirement?

Onsite physical exams are preferred in Lovelock, Elko, Ely and Indian Springs if a facility is not available, unless waived by Risk Management.

Do you have onsite capability for these rural areas?

Physical Exams

Physical Exams must be performed by a physician or signed off by a physician. A Nurse Practitioner (ARNP) or Physician’s Assistant (PA) may perform the physical examination, but it must be reviewed and signed off by a physician. A Nurse Practitioner (APRN) or Physician’s Assistant (PA) is not considered a physician under this contract. Administration of annual physical exams for police/firemen must be in accordance with NRS 617.455, 457 and NAC 617.010 – 617.100.

TECHNICAL MINIMUM QUALIFICATIONS

See attached Technical Requirements Questionnaire. The Questionnaire must be completed and submitted with the vendor proposal.

ATTACHMENTS

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

Terms and Conditions for Services Firemen and Police Medical History Form Heart and Lung Physical Examination Form Physical Exams Form Projected Physicals for Years 2024-2028 Risk Factor Levels for Various Conditions

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

Contract Form Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned.

Technical Requirements Questionnaire Cost Schedule 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.

Cost proposals will be evaluated based on the following formula.

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

NEVADA-BASED BUSINESS PREFERENCE

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

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

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

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

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

INVERSE PREFERENCE

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

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

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

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

MANDATORY MINIMUM REQUIREMENTS

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

Business references shall not be requested from the soliciting agency.

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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