99SWC-S2613 RFQ Final.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

Solicitation: 99SWC-S2613 For Workplace Investigation Services

Release Date: 12/13/2023 Deadline for Submission and Opening Date and Time: 01/17/2024 @ 2:00 pm

Single point of contact for the solicitation:

Joel Smedes, Purchasing Officer Phone, 775-684-0172 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.

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

REQUEST FOR QUALIFICATIONS (RFQ). The State of Nevada Purchasing Division, on behalf of all executive branch using agencies and other governmental entities in the State of Nevada is seeking Statements of Qualifications (SOQ) from vendors capable of providing workplace investigation services on an as needed basis as described in the scope of work (SOW) and attachments.

AWARDS AND CONTRACTS. The State intends to award contracts to all vendors determined to be qualified by an evaluation committee in conjunction with this Request for Qualifications (RFQ), as determined in the best interests of the State. The Purchasing Division shall administer contract(s) resulting from this solicitation. The initial resulting contract(s) are expected to be for a contract term of four years, with a State option to extend for two additional years. The State may continue accept statements of qualifications on a rolling basis throughout the contract term.

INTRODUCTION. The State of Nevada is committed to providing a workplace that is safe and free from discrimination, harassment, threats, intimidation, and violence. The State of Nevada supports employees who report discrimination, harassment, threats, intimidation, or violence by promptly investigating allegations of discrimination based on race, color, national origin, sex, sexual orientation, gender identity, religion, age, disability, or genetic information. Further, the State of Nevada promptly investigates allegations of violating other employee safeguards, such as family and medical leave, veteran status, retaliation, ethics and/or fiscal improprieties, and personal workplace safety.

BACKGROUND

The State is seeking statements of qualifications (SOQ) from sole proprietors, solo practitioners, companies, law firms, or other businesses able to perform workplace investigations on behalf of all State of Nevada executive branch agencies and other Nevada governmental entities on an as-needed basis.

Qualified vendors should establish their expertise and experience in workplace investigations, including, but not limited to, harassment and discrimination; hostile work environment; retaliation; employee misconduct; supervisor misconduct; threats; intimidation; and ethical or fiscal improprieties.

The State requires a pool of qualified, contracted vendors available to perform workplace investigations to supplement its own staffing for that purpose, as well as to conduct investigations where personnel normally charged with investigating may have a conflict.

The State prefers vendors who provide services statewide, but will consider SOQ from local or regional providers as well. Vendors should explain their coverage area in their SOQ.

Executive branch agencies requiring investigation services are required to select a qualified vendor from the pool and pursue a service agreement following normal contract process for the using agency, to include Clerk of the Board of Examiners review or Board of Examiners review at a regularly scheduled meeting prior to execution. Non-executive branch agencies will follow their own contracting processes.

Scope of Work

RESPONSE. As part of a Statement of Qualifications, proposing vendors should provide enough detail to fully demonstrate experience and capability in providing the services described. To include an understanding of State of Nevada licensing requirements applicable to investigation services, including but not limited to NRS 648.018. Vendor SOQ will become part of the resultant contract and will be used by an agency in selecting a qualified vendor from the pool for a service agreement.

WORK PERFORMANCE PLAN

Provide a description of how vendor will provide investigation services that meet project requirements, including but not limited to how vendor will complete each of the following items.

Provide for ongoing compliance with any and all applicable Nevada licensing requirements or other laws before the start of any contracted investigatory work.

Determine the scope of any investigation.

Prepare an investigation plan and submit to the appointing authority requesting an investigation.

Identify and interview investigation participants.

Update the appointing authority on progress of an investigation and at what frequency.

Develop an investigation report.

Present an investigation report to the appointing authority.

Bill for investigative services.

PROJECT REQUIREMENTS

In providing services to a using agency under an executed service agreement, qualified vendor will, at a minimum, provide the following services as part of a project scope of work. Additional related services will be detailed in an individual service agreement.

Develop an investigation plan and timeline for approval by the appointing authority of the using agency, within five (5) business days of execution of a service agreement.

Perform an independent, neutral investigation of the allegation(s) or incident(s) at issue, including but not limited to, the following tasks.

Interview each person named as part of the allegation(s) or incident(s).

Inform each participant in the investigation of the investigator’s purpose in the investigation process, the participant’s obligation to be truthful and keep the matter confidential; and of the State’s prohibition on retaliation for initiating or participating in an investigation.

Compile transcripts of each participant interview and compile exhibits, including, but not limited to emails, memoranda, Teams chat discussions, other documents, voicemails, and text messages.

Draft an investigation report containing a summary of the investigation process, participants interviewed, and findings that either substantiate or do not substantiate the allegation(s), with the transcripts and supporting documentation attached.

Present the finished report to the appointing authority of the executive branch agency within the agreed-upon time frame specified in the investigation plan.

If necessary, testify in administrative or legal proceedings.

Vendor shall be prepared to hold applicable documents and files, both physical and electronic, which pertain to a specific matter pending any litigation. Litigation holds shall not be an additional cost to the State and may be released by the State upon written notification to the vendor.

In reviewing deliverables for a service agreement, there should be no question about what is expected of the performing party. A project may contain many deliverables, but each should be broken down into tasks and end products to specify what is expected.

CONTRACT USAGE

The State anticipates that contractors may have varying levels of time, experience, and/ or resources to provide services and the list will serve as a pool from which using agencies can draw qualified consultants based upon the type of expertise needed for a project.

Using agencies may use services of multiple contractors simultaneously for projects occurring at the same time.

Contractors will have the right to decline a project offered by a using agency.

When a using agency requires assistance of a qualified workplace investigation services contractor, they will make an appropriate choice from the pool of awarded contractors.

Choosing a contractor from the qualified vendor pool based on originally submitted SOQ meets requirements for competition outlined in Uniform Administrative Requirements, Cost Principles, and Audit Requirements and other federal, state, and local procurement requirements.

A using agency is not required to solicit all contractors for a project, but can decide what contractor or contractors are most qualified based on original SOQ. However, a using agency may, and are encouraged to, conduct an informal “mini-bid”, and request a project specific technical and cost quotation from multiple qualified contractors prior executing a service agreement for a project.

A mini-bid can be posted and responded through NevadaEPro, or directly between a using agency and contractors.

Contractors are expected to keep their vendor profile and address information up to date in NevadaEPro to receive and respond to mini-bids conducted through NevadaEPro.

When requesting project specific proposals, a using agency is not required to select the lowest priced proposal, but can select a proposal in the best interest of the using agency.

All services performed under these contracts require an executed Service Agreement between a using agency and contractor prior to performance of work.

The State makes no guarantee of contract usage or distribution across awarded contracts.

These contracts are not guaranteed to be exclusive. The State reserves the right to solicit separately for an individual project that otherwise would be covered under this scope of work using a Request for Proposals or any other legally authorized procurement method.

Contractor may enter a service agreement with a using agency under resultant contract, so long as the effective date of such agreement is prior to the expiration of the contract.

COST PROPOSAL

Vendor response shall include a Cost Proposal separate from the Statement of Qualifications. Cost Proposal shall include, at a minimum, the following information.

Hourly rates for investigation services, with graduating rates for varying levels of experience of personnel Schedule of office and administrative expenses Travel expense, at rates not to exceed reimbursement rates for State employees Any other proposed expenses

A service agreement should include firm-fixed-fee deliverables based on contracted rates included in vendor Cost Proposal. Rates proposed in the Cost Proposal shall be considered not-to-exceed rates. Vendors can include lower rates in a quote or service agreement. The State expects individual project quotes to include the lowest cost staff possible for a given task.

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).

Cooperative Contract Template Statewide Contract Terms Contract for Services Insurance Schedule

RESPONSE ATTACHMENTS. To be completed and returned.

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.

SOQ shall be kept confidential until a contract is awarded.

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

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

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

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

Cost Proposals will be evaluated based on the following formula. For purposes of evaluation, State will average all proposed hourly rates to create a blended hourly rate (BHR).

Cost Factor Weight x (Lowest BHR Submitted by any Vendor / Vendor BHR) = Cost Score

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. Responses 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).

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

CONTRACT FORMS. The State strongly prefers vendors agree to the terms of the attached contract forms as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract terms as is must include redlined Word versions of the attached contract forms with their 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.

Describe location, form of business organization, and list all personnel who would perform workplace investigations pursuant to Scope of Work, including all resumes and detailed description of experience and training.

Demonstrate that personnel who would conduct workplace investigations have at least three (3) years of direct experience conducting and/or supervising workplace investigations and supervisors of those personnel performing investigations have five (5) years relevant experience.

Describe at least three (3) prior investigations completed, including but not limited to client business entity or public entity, scope of the investigation, and timeframe for completion. Provide the name, title, email address and telephone number of the primary client individual for each prior investigation detailed.

Describe any prior investigations undertaken but not completed in the past three (3) years, with a detailed description of the client, scope of work, and reasons for failure to complete the investigation.

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.

Response 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.

Response 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.

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

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

SOQ 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.

STATEMENT OF QUALIFICATIONS

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 SOQ

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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