Agency RFP Template UPS Battery Maintenance~2.docx

STATE OF NEVADA

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

Solicitation: 90DETR-S3070 For UPS Battery Maintenance, Repair and Equipment

Release Date: 11/19/2024 Deadline for Submission and Opening Date and Time: 12/03/2024 @ 5:00 pm

Single point of contact for the solicitation:

Lauren Ford, Management Analyst I Phone, 775-687-6869 Email Address, laford@detr.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 Employment, Training and Rehabilitation, Rehabilitation Division, Bureau of Disability Adjudication (BDA) is seeking proposals from qualified vendors to provide maintenance and repair of Liebert Universal Power Supply System services as described in the scope of work and attachments.

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. Department of Employment, Training and Rehabilitation, Rehabilitation Division, Bureau of Disability Adjudication (BDA) shall administer contract(s) resulting from this solicitation. The resulting contract is expected to be for a contract term of four years, subject to Board of Examiners approval.

AGENCY BACKGROUND

The Department of Employment, Training and Rehabilitation, Rehabilitation Division, Bureau of Disability Adjudication evaluates applications from individuals with permanent disabilities to determine if they are eligible for federal Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

SCOPE OF WORK

Services will include, but are not limited to repair and maintenance of Power Distribution System (Annual) Liebert Model# FFC12C6NNG6; Stationary (Sealed) Battery Systems VRLA (Quarterly) Liebert Model# 38BP120XRX1BNS; Uninterruptible Power Systems-3 Phase (Semi-Annual) Liebert# 38SA100A0A00. See below desired Scopes of Work for each system.

The Vendor shall provide all labor, supervision, parts, tools, equipment, transportation and all effort necessary to perform all services outlined below. All work shall be performed in accordance with the most current requirements of City, County, State and Federal guidelines, ensuring compliance with relevant codes, standards, and regulations governing Power Distribution Systems.

Maintenance

Uninterruptible Power Systems Scope of Work (Annual Preventative Maintenance) Perform temperature check on all breakers, connections, and associated controls. Repair and/or report all high temperature areas.

Check air filters for cleanliness. (if applicable) Check rectifier and inverter snubber boards for discoloration.

Record all voltage and current meter readings on the module control cabinet or the system control cabinet. Check the inverter and rectifier snubbers for burned or broken wires.

Check all nuts, bolts, screws, and connectors for tightness and heat discoloration.

Check fuses on the DC capacitor deck for continuity (if applicable).

With customer approval, perform operational test of the system including unit transfer and battery discharge.

Calibrate and record all electronics to system specifications.

Measure and record all low-voltage power supply levels.

Record phase-to-phase input voltage and currents.

Review system performance with customer to address any questions and to schedule any repairs.

Check power capacitors for swelling or leaking oil. (if applicable) Check for DC capacitor vent caps that have extruded more than 1/8". (if applicable) Measure and record harmonic trap filter currents. (if applicable) Check the integrity of battery cabinet (if applicable).

Visual inspection of the battery cabinet and/or room.

Check for NO-OX grease or oil on all connections (if applicable).

Check battery jars for proper liquid level (if flooded cells).

Check for corrosion on all the terminals and cables.

Examine the physical cleanliness of the battery room and jars.

Measure and record DC bus ripple voltage (if applicable).

Stationary Sealed Battery Systems VRLA (Quarterly Preventative Maintenance, 4 times per year) Inspect the appearance and cleanliness of the battery and the battery room. Clean normal jar top dirt accumulation (to be done only with battery off line).

Measure and record the overall AC ripple voltage.

Measure and record the overall AC ripple current.

Visually inspect the jars and covers for cracks and leakage.

Visually inspect for evidence of corrosion.

Measure and record the ambient temperature.

Verify the integrity of the battery rack/cabinet.

Check or perform Engineering Field Change Notices (FCN) as necessary Measure and record 100% of the jar temperatures.

Measure and record the float voltage of all cells.

Measure and record all internal ohmic readings.

Provide a detailed written report noting any deficiencies and corrective action needed, taken and/or planned.

Re-tighten all battery connections to the battery manufacturer's specifications, if required. Refer to the manufacturer's literature to determine if re-tightening is required.

Measure and record all battery connection resistances in micro-ohms, when applicable.

Power Distribution Systems (Semi-Annual Preventative Maintenance, 2 times per year) Perform a complete visual inspection of the interior and exterior of equipment for any damaged or broken components.

Verify equipment is properly grounded and that the phase, neutral and ground wiring is in accordance with the Installation manual.

Check for proper clearance around the unit.

Clean interior of equipment for dirt and debris.

Inspect all circuit breaker(s), terminal blocks, and ground/neutral bus bar connections for tightness.

Inspect junction box terminals for tightness (if applicable).

Conduct a thermal scan of interior components, assemblies, and connectors for evidence of overheating and/or burnt components.

Inspect all option assemblies, associated cabling/wiring, and connectors for tightness (if applicable).

Verify all installed options are operating properly (if applicable).

Verify continuity of all fuses (if applicable).

Measure voltage and current at each panel board main input breaker (phases, neutral and ground).

Verify all monitoring options (if applicable) are displaying values within preset parameters.

Configuration of the LDM/LDMF (For Newly installed branch circuit breakers).

Verify firmware and update as required.

Verify the location, alarm set points, number of poles, and address of every newly installed breaker.

Verify the CT ratio for every newly installed breaker.

Demonstrate use of software tools. (if applicable) (Excludes interoperability with SiteScan and Building Management Systems) Save the configuration file to a laptop as a backup for customer. (If applicable)

Equipment Replacements

The Vendor shall agree to provide a written estimate based on each job requirement, detailing unit/equipment cost, labor, and parts/material costs for approval, prior to beginning work. The Vendor shall provide only replacement equipment that are new and of the same quality and brand name of that which is being replaced. Substitutions will be permitted only with prior authorization from BDA point of contact.

All unit/equipment removals, installations, and disposals shall be conducted in full compliance with all specified standards in a manner equal to or better than the normal safety and security procedures and standards, to include ensuring compliance with environmental regulations regarding refrigerant handling and disposal. At no time shall State facilities or its occupants be placed in jeopardy.

Vendor will be paid for the unit/equipment after it has been properly installed, tested and verified that it is in proper working condition, operation and performance.

3.9 Repair Services

The Vendor shall agree to provide a written estimate based on each job requirement, detailing labor and parts/material costs for approval, prior to beginning work.

The Vendor shall provide only replacement parts that are new and of the same quality and brand name of that which is being replaced. Substitutions will be permitted only with prior authorization from the BDA point of contact. All repair services shall be conducted in full compliance with all specified standards in a manner equal to or better than the normal safety and security procedures and standards, and at no time shall State facilities or its occupants be placed in jeopardy.

Major projects may be requested on a proposal basis, but standard work is time and materials. Material charges are limited to cost +25%.

3.9.1. Special Requirements

The Vendor shall provide employee picture identification badges identifying the company name and the name of the employee for each employee servicing the State account. All Vendor employees are required to wear these identification badges while servicing the State.

All work must be performed in such a manner as not to inconvenience building occupants. The Vendor shall determine the State’s normal working conditions and activities in progress and shall conduct the work in the least disruptive manner.

The Vendor shall be responsible for ensuring the work area is kept clean and free of debris, as necessary, to maintain a safe working environment for staff, visitors and customers. Upon completion of work, all surfaces involved in this project shall be clean of any foreign material.

All tools, equipment and other work materials belonging to the Vendor shall be removed from the work location. The Vendor shall remove all waste materials from the work site and dispose of same daily and in an approved manner specific to the type of waste being disposed and in accordance with City, County, State and Federal guidelines.

Any damages by the Vendor to portions of buildings, premises, equipment, furniture, material or other property for which the State and/or the Bureau are responsible shall be repaired or replaced at the Vendor’s expense. This includes, but is not limited to, all types of counter tops/working surfaces, acoustical tile, floor covering, wall areas, parking lot or walkway surfaces, safety posts, etc.

The State reserves the right to require the Vendor to train, counsel or reassign any employee whose actions or appearance are not consistent with the standards of the State.

3.9.2. Invoice and Reporting Requirements

The Vendor shall present and provide a written report of services completed, and recommendations as applicable, to the BDA program after completion of each scheduled or emergency call and before leaving the job site.

The Vendor shall submit a written invoice with all supporting documentation upon completion of each service, repair, maintenance inspections, etc. Payment will not be made to the Vendor without all required documentation.

· All invoices are to be emailed to the BDA staff listed on the service request/Purchase Order.

· All invoices need to include a descriptive breakdown of hours and rates.

· All invoices need to include a descriptive breakdown of material costs.

· The contract Reference# and the Purchase Order# must be included on all invoices that are submitted for payment. Failure to include the Reference# and the Purchase Order# may result in the invoice(s) being rejected and returned. This could result in a delay in payment.

3.9.3. Business Hours and Service Response time

The Vendor shall have a staffed office during normal business hours (Monday through Friday, 8:00 a.m. – 5:00 p.m.) with emergency service available 24 hours per day, 7 days per week. The Vendor shall employ a sufficient number of trained technicians so that all service calls are answered promptly. The Vendor shall respond to the State by telephone to all service calls within 15 minutes of report of occurrence. The Vendor shall physically respond to the site within 4 hours after report of occurrence.

3.9.4. Licenses, Permits, Certifications, Training and Insurance

In accordance with Nevada law, any work meeting the following criteria is subject to Nevada Contractor License requirements:

Additionally, Vendor must hold and keep active, for the term of the contract, appropriate Nevada State Contractor’s licenses to perform the services outlined in the Scope of Work including HVAC equipment installation, replacement, and repair services.

Vendors must be fully trained and certified in their areas of expertise, including electrical safety and the associated hazards, refrigerant handling safety and general safety-related work practices, protocols and procedural requirements.

Upon final contract approval, and prior to the commencement of work, vendors must provide:

Vendor may provide insurance certificates and business license(s) with their response, but they will not be included as part of the contract attachments.

ATTACHMENTS

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

Terms and Conditions for Services

Terms and Conditions for Goods

Contract Provisions for Non-Federal Entity Contracts under Federal Awards + Funding Disclosure Statement.

Equipment Listing

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

Standard Contract Form

Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned in proposal.

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.

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

Revised: June 2022 Page 1 of 6 Terms and Conditions for Services

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

Revised: June 2022 Page 4 of 6 Terms and Conditions for Services

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.

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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…