RFP+Temporary+Staffing+Services.docx

STATE OF NORTH DAKOTA

OMB, North Dakota Procurement Office 4th Floor Capitol Tower 600 E. Boulevard Ave. Dept. 012 Bismarck, ND 58505-0310

REQUEST FOR PROPOSAL (RFP)

RFP Title: Temporary Staffing Services Vendor Pool RFP Number: 110.7-23-010 Issued: 1/24/2023

TABLE OF CONTENTS

ATTACHMENTS

Attachment# 1 - Technical Proposal Evaluation Worksheet Attachment# 2 - Contract Attachment# 3 - Cost Attachment# 4 - Work Order Request Form

SECTION ONE – INSTRUCTIONS

1.1 Purpose of RFP

The Office of Management and Budget, North Dakota State Procurement Office, hereafter known as “purchasing agency” or “State” is soliciting proposals for an ongoing need for temporary staffing services in a variety of job categories throughout the State. The State will consider proposals from a variety of different vendors (Vendor Pool) to accomplish this objective. The State plans to meet this need by awarding source-of-supply contracts to multiple vendors. Once these contracts are in place, State agencies will use a structured work order request process to obtain temporary staffing services in various types of job categories.

A primary benefit the State hopes to achieve through State term contracts resulting from this RFP is establishing an efficient work order process enabling agencies to obtain quality temporary professional services at a good value. By pre-qualifying Vendors based on the State’s requirements and establishing master term contracts, both State agencies and Vendors will benefit from lower procurement costs associated with project work orders executed over the course of the contract term. It should be noted that the term contracts resulting from this RFP do not preclude the State from issuing separate procurement solicitations such as RFPs for temporary professional services.

1.2 COOPERATIVE PURCHASING

The contract resulting from this solicitation is a cooperative purchasing contract established pursuant to North Dakota Century Code (NDCC) sections 54-44.4-13. The contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C. chapter 39-04.2, and the International Peace Garden. Participation by other governmental entities is not mandated or guaranteed; therefore, the estimated volume of this contract is not known.

1.3 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Chad Keech EMAIL: ckeech@nd.gov

PHONE: 701-328-2767

TTY Users call: 7-1-1

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

1.4 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

1.5 RFP SCHEDULE

Deadline for submission of Questions and Objections

2/10/2023 by 12:00 PM, C.T.

1.6 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made.

1.7 BIDDERS LIST AND SECRETARY OF STATE REGISTRATION REQUIREMENTS

Offerors must comply with requirements related for OMB Bidders List application and Secretary of State registration [N.D.C.C. § 54-44.4-09]. Bidders Lists are used to notify vendors when solicitations are issued on SPO Online.

Proposals will be accepted from Offerors that are not on the Bidders List. The successful Offeror must complete the Bidders List application process and comply with Secretary of State registration requirements within 60 calendar days from the date a notice of intent to award is issued. If the successful Offeror does not register within this time, its proposal may be rejected.

Offerors may complete the Bidders List application process if desired, but it is not required. Registration with the North Dakota Secretary of State is not required.

Bidders List and Secretary of State Information

1. Secretary of State Registration and Online Bidder Registration instructions are available online at How to Bid | Office of Management and Budget, North Dakota.

2. Offeror should check the Bidders List to determine if Offeror is already registered.

3. An Offeror that needs to complete the registration process shall:

a. Register with the Secretary of State (fees apply) and obtain a “System ID” number.

b. Complete the On-line Bidder Registration including selecting commodity codes. Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors. The commodity codes used for this solicitation are: 962-69, 961-30, 948-74 commodity codes

4. The successful Offeror may be required to register as a new supplier to receive payment from the STATE. New vendors (suppliers and individuals) looking to receive payment from the STATE should use the online Supplier Registration.

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in its proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number and title cited in the email subject line.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the RFP.

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

The STATE will not hold a preproposal conference or site inspection for this RFP.

1.12 OFFER HELD FIRM

Offerors must hold proposals firm for at least 120 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.14 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon requested by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701.328.1246 or visit its website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701.328.1248 or visit its website for more information.

1.15 F.O.B. POINT AND FREIGHT

All commodities purchased through this contract will be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery cost.

1.16 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring its proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether its proposal has been received. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.17 PROPOSAL OPENING

A public opening will not be held.

This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.18 AMENDMENT AND WITHDRAWAL OF PROPOSALS

Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw proposal and provide evidence that a substantial mistake has been made, and the STATE may permit withdrawal.

1.19 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval of the STATE.

1.20 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or officials knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. [N.D.C.C. § 12.1-13-03 ]

Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

1.21 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official anything that might influence or appear to influence procurement decisions. Suspected attempt to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.22 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.23 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protest based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

State Procurement Office establishes contracts for commodities and services for use by state agencies and institutions under the jurisdiction of the State Board of Higher Education. The STATE has an ongoing need for temporary staffing services. The STATE plans to meet this need by creating a vendor pool of highly qualified staffing companies.

2.2 BUDGET

The funds for payment of this contract are already appropriated and identified.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

The State has an ongoing need for temporary staffing services in a variety of job categories throughout the entire State. This RFP is soliciting proposals from Temporary Employment Companies to provide services relating to Administrative Support (Including Office and Clerical), Commercial/Industrial Workers, and Healthcare Staffing Services, Information Technology Professional Services, and Professional Services as defined within the scope of this RFP. The State will consider proposals from a variety of different vendors to accomplish this objective. The State plans to meet this need by awarding contracts to multiple vendors (Vendor Pool). Once these contracts are in place, State agencies will use a structured work order request process to obtain temporary staffing services in various types of job categories. The job categories are listed in below.

a) Administrative Support (Including Office and Clerical)

b) Commercial/Industrial Workers

c) Healthcare Staffing Services

d) Information Technology Professional Services

e) Professional Vendors that supply such services in these job categories, or any subset of these categories, may submit a proposal in response to this RFP. Rates within each category will be on an hourly basis.

These services are as needed and upon request from State agencies and political subdivisions. Contractor(s) will be responsible for hiring, firing, taxes, workers’ compensation, benefits, etc., for the candidates who are not employees of the individual participating entities. Candidates will not be provided employee benefits from the State agencies or political subdivisions.

3.2 Technical requirements

1. The Awarded Offeror is responsible to obtain the information as described in the Scope of Work and any other information necessary to determine what job category satisfies the service request.

2. The Awarded Offeror will inform the Procuring Agency point of contact of the proposed job classification and applicable rate to obtain authorization to proceed with the service request.

3. Placing candidates out of applicable job classification is considered an abuse of the contract. Periodic checks of requests and assignments may be performed by the Procuring Agency to ensure this does not occur.

4. The Awarded Offeror is responsible for conducting appropriate background and reference checks on potential candidates prior to any assignments and should be prepared to conduct more extensive background investigations when required by the Procuring Agency. Awarded Offeror must send notification to the Procuring Agencies of the compliance of the background and reference checks. Failure to provide notification of compliance will be considered a violation of the contract and may result in rejection of the candidate and possibly jeopardize future placements by offending Awarded Offeror.

5. These services are as needed and upon request from State agencies and political subdivisions. Awarded Offeror will be responsible for liability insurance, federal and state payroll requirements including but not limited to insurance coverage for any candidate sent to the Procuring Agency, payroll taxes, payroll reports, workers’ compensation, benefits, hiring and firing etc., for the candidates.

6. The Awarded Offeror is responsible for conducting periodic quality assurance checks with the Procuring Agency’s point of contact to verify that the Procuring Agency’s requirements are being fulfilled by the candidate. At a minimum, these checks should be completed at the end of the first week of any assignment. Procuring Agencies may request quality assurance checks at any interval during the term of the candidate’s placement.

7. Candidates may be hired as a permanent employee of the State or Procuring Agency if, the Procuring Agencies and hiring processes have been complied with and if the candidate elects to accept employment with the State or Procuring Agency. Such occurrence will create no further obligation (financial or otherwise) on the part of the Procuring Agency.

8. The Procuring Agency will not be responsible for the Awarded Offeror’s candidate who voluntarily leaves the Awarded Offeror’s employment or engages in employment with another company.

9. The Awarded Offeror agrees to ensure candidates agree to be bound by the Participating State’s security regulations, policies, and standards as required by the Procuring Agency (e.g., Department of Corrections). This will vary based on the individual Procuring Agency’s requirements.

10. Awarded Offeror shall ensure adequate backup documentation (such as Candidate timesheets) are attached to invoice or billing requests. The timesheet should include the following:

a. Name of the Procuring Agency;

b. Name of the temporarily assigned individual;

c. Dates worked;

d. Beginning and ending time;

e. Number of regular hours worked each day; and

f. If applicable, number of overtime hours worked each day

11. The Awarded Offeror is responsible and may be held financially liable for the negligent acts of its Candidates.

12. Staff temporary job openings, on request and in the requested timeframe, with individuals who possess the required qualification to perform the job to the fullest capacity. Successful Offerors are to supply only employees who have been fully and properly trained.

13. Provide temporary employees for the specific job titles listed in this RFP. In addition to these standard job titles, the State may request that the successful offerors make reasonable attempts to provide temporary staffing assistance for any of the positions listed under the North Dakota Classification system. A complete list of staff job titles and corresponding pay ranges is listed on the Human Resources website at https://www.omb.nd.gov/team-nd-careers/career-classifications.

14. Provide for up to three (3) candidates for any given position to interview prior to hiring.

15. If requested, representatives familiar with the State Contract shall be available for periodic meetings.

16. The State will not pay the offeror more than the all-inclusive hourly billable rate multiplied times the number of ours actually worked, nor will the State reimburse offeror for any other item or expense (e.g. parking, food).

17. If there is a change in Vendors; the current Vendor’s employees will be allowed to fulfill their current obligations to the State. New Vendors will not solicit the employees of the other Vendors who are fulfilling their obligations; such solicitation may result in cancellation of the contract. State agencies will be required to obtain pre-authorization in order to use a non-contracted Vendor for their temporary employment needs.

18. Employees of the Vendor must comply with all instructions, pertaining to training, conduct, and building regulations issued by representatives of the State. The State reserves the right to request the removal or replacement of any employee at any time for any reason that is not a violation of public law.

19. Employees of the Vendor shall be professionally dressed / groomed and comply with all State dress codes. This may include uniforms / I.D. badges, or other special requirements that must be provided at no additional cost to the State. Employees must also be legally eligible to work in the United States and be able to speak English sufficiently enough to understand work direction and perform their job responsibilities.

20. All temporary employees provided through the Vendors that are selected for award are considered employees of the Vendors, not the State, and the Vendor is responsible for maintaining, at all times, suitable workers compensation, relevant insurance, and all payroll taxes throughout the entire award period.

3.3 Travel

1. In the event a candidate’s duties require travel, the reimbursable travel costs shall follow the Procuring Agencies travel reimbursement policies. Travel authorizations must be given before travel occurs per Procuring Agency’s internal policies.

2. Travel expenses submitted for reimbursement must follow Procuring Agency’s internal policies.

3. Valid travel reimbursements will be reimbursed at the Procuring Agencies current travel rate.

4. The candidate and the Procuring Agency’s contact person must sign the travel expense form.

5. The form must be submitted with the Awarded Offeror’s invoice for services with the travel expense as a separate line item on the invoice in order to be reimbursed by the Procuring Agency.

6. The type of position requiring travel will vary based on the individual Procuring Agency’s requirements.

3.4 Work Hours

1. The exact work hours for temporarily assigned personnel will be determined by the Procuring Agency. Generally, work hours begin at 8:00 a.m. and end at 5:00 p.m. Monday through Friday excluding officially observed holidays by the Procuring Agency. Temporarily assigned personnel will work no more than eight (8) hours per day, excluding one (1) hour for lunch; or a total of forty (40) hours per week.

2. Temporarily assigned individuals will not be paid for their lunch hour.

3. Agencies have the right to request temporarily assigned individuals for holiday, evening/night, weekend or shift work.

4. Hours may vary per Procuring Agency.

5. The Procuring Agency reserves the right to request a replacement of any individual. If for any reason a replacement is required within the first eight (8) hours of service, there will be no charge to the Procuring Agency. Any time beyond the initial eight (8) hours of service, the temporarily assigned individual is determined to be unsatisfactory; the Awarded Offeror agrees to issue a credit invoice to the Procuring Agency for the total charges from the point the Procuring Agency notifies the Awarded Offeror to request a replacement.

6. The Awarded Offeror agrees to replace an unsatisfactory individual within one (1) business day; however, the Procuring Agency has the option to contact a different Awarded Offeror for the service.

7. The Procuring Agency shall be the sole judge as to whether a temporarily assigned individual is satisfactory and is fulfilling the Procuring Agency’s requirements.

3.5 Equipment, Property and Damages

1. The Awarded Offeror shall be responsible for the proper maintenance and custody of any personal tangible property owned and real property furnished by the Procuring Agency for the use in connection with the performance of the contract.

2. The Awarded Offeror will reimburse the Procuring Agency for such property’s loss or damage caused by the Awarded Offeror’ assigned individual, with the exception of normal wear and tear.

3. The equipment used may include computers, copy machines, phones, printers, etc. Equipment may vary depending on the Candidate assignments.

3.6 Background checks

1. The Procuring Agency is responsible for requesting additional background investigations beyond normal references prior to the temporary assignment.

2. Should an additional background check be required due to the nature of the assignment, the Offeror may be responsible for the cost of the additional checks.

3. It is reasonable to expect employment eligibility and references will be required for all candidates; background checks for referrals by the Procuring Agency will be at the discretion of the Procuring Agency.

4. Standard checks which would include employment eligibility and reference checks shall be at the cost of the Awarded Offeror (s).

5. Other background checks will be at the discretion of each requesting Procuring Agency.

6. Procuring Agencies reserve the right to request and conduct pre-employment background checks and drug testing prior to the potential candidates starting date.

7. Procuring Agencies will limit their background checks and drug testing requirements to the same as required of their own permanent full-time employees holding the same or similar positions to be filled by the candidate.

3.7 WORK ORDER REQUEST PROCESS AND COST THRESHOLDS

When an agency requires temporary staffing services, the agency will prepare a written work order request (see Attachment 4) that includes a Statement of Work (SOW) describing the required services.

The number of vendors an agency must solicit is determined by the estimated cost of the temporary staff’s time with the State.

1. Staffing estimated at less than $250,000:

2. Staffing estimated at $250,000 or more:

The work order request will describe the work to be done, the number(s) of staffing by skill set and job classification and begin/end dates of service.

Agencies may require interviews with proposed temporary staff prior to accepting the vendor’s staff.

Agencies will make a reasonable effort to issue work orders within the applicable job classification, so that vendors are not asked to respond to work orders that require staffing outside the scope of what that vendor has been awarded.

Submission of Project Offer Each Work Order Request will specify a proposal due date for the vendor to respond to the STATE’S request. This time frame will be no less than six (6) business days, but it may be more at the STATE’S discretion. Within the specified time frame, the vendor must respond to the agency that issued the Work Order Request, either affirming or denying its ability to provide the personnel in the required staffing time frame. During this response period, if necessary, the vendor may seek clarifications of the work involved.

If the vendor is unable to provide the staffing requested, it must state the reason in the appropriate section on the Work Order Request form, sign and return the form to the requesting agency by the proposal due date.

If the vendor is capable of fulfilling the work order, it will complete and attach a “Staffing Proposal” to the Work Order Request form, sign and return the form to the requesting agency by the proposal due date. The “Staffing Proposal” will include the following items:

3.8 Past Contract Volume and Target Pool Size

Due to the dynamic nature of projects within State government, the STATE cannot predict the number of personnel that will be required under the contract. The STATE is not obligated to use any of the vendors’ temporary staffing services. The STATE makes no guarantees, either stated or implied, about the demand for resources provided through this RFP. This RFP does not preclude the STATE from issuing other procurement solicitations for temporary staffing services. The previous biennium the state spent $706,000.00 on temporary staffing services.

3.9 Contract Performance Provisions

The success of this contract depends on vendor response to STATE issued work orders and quality of the temporary staffing services rendered. The following performance provisions and reporting requirements apply to vendors participating in this contract.

3.10 VENDOR REPORTING REQUIREMENTS

By submitting a proposal to this RFP, the vendor agrees, should it be awarded a contract, to the following reporting requirements:

a. Provide, as requested, written activity/status reports to the agency which will serve to address identified issues, problems, and service improvements as well as provide statistical data. Both parties shall mutually agree on the format of the report.

b. Provide a report as requested by the State Procurement Office at least once each annual contract period, within 30 days of the request, that includes a summary of work orders completed or in progress. The summary shall include work order number and short description of the project, agency name, number of vendor staff provided for each job classification category, and work order price.

3.11 VENDOR PERFORMANCE ON WORK ORDERS

The vendor shall be responsible for the completion of each work order it agrees to perform, complying with the contract terms and adhering to the delivery schedule and price agreed upon in the vendor’s Offer to the Work Order Request (taking into consideration approved change orders). All work is subject to inspection, evaluation, and acceptance by the State. The State may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

3.12 FAILURE TO ATTAIN WORK ORDERS

If a vendor fails to attain any work orders, applicable to Temporary Staffing Pool of Job Categories it was awarded, during a contract reporting period as described in Section 3.07 then that vendor is subject to having its contract terminated, at the State’s option. The State will take into consideration the applicable work order volume (or lack thereof) in making this determination.

3.13 RESTRICTION OF VENDOR CONTRACT

Upon the State’s exercising its right to restrict a vendor contract, the vendor may not be allowed to accept any future work orders. The remainder of the contract provisions shall remain in effect to the extent necessary to allow the vendor to complete any existing work orders that are in progress. When a restricted vendor completes its existing work orders, the State may reinstate the vendor if the performance problems have been resolved or it may exercise its option to terminate the vendor contract.

3.14 LOCATION

For purposes of this RFP “onsite” is any agency location in the State of North Dakota. “Offsite” is work that is done at the vendor’s business location. While it is likely that much of the onsite work under this contract will occur in Bismarck where many State agencies are headquartered, work could occur at any agency location in the State. Agencies will indicate the location of work in the Work Order Request.

3.15 WORKSPACE AND EQUIPMENT

Agencies will indicate in the Work Order Request whether the State will furnish office space, network access, equipment (such as PC workstation), and software licenses for vendor staff.

3.16 REQUIRED LICENSES

At the time specified by the deadline for submission of proposals, the offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive.

3.17 FEDERAL REQUIREMENTS

The offeror must identify all known federal requirements that apply to the proposal, the evaluation, or the contract and follow.

· Common Law;

· Leased Employees:

· ACA (Affordable Care Act)

· All other federal laws that apply.

3.18 CONTRACT TERM, SCHEDULE AND DELIVERABLES

1. Contract Term This contract will be for a two (2) year period, with options for four (4), one (1) year renewal option, and an option to extend for a twelve (12) month period. See the attached Contract.

3.19 EXPERIENCE AND QUALIFICATIONS

1. Minimum Qualifications No specific minimum qualifications have been set for this RFP.

The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive and rejected.

Experience The Offeror must meet the following experience requirements to be considered for contract award. A proposal from the Offeror that does not meet minimum experience requirements will be rejected. The Offeror must have a minimum of five (5) years of experience.

Background Check If STATE, including the state agency entering into this Contract on behalf of the STATE, has the necessary authority under N.D.C.C. §12-60-24, STATE may require personnel that CONTRACTOR assigns to perform work under this Contract, including employees, contracted staff, subcontractors, or other individuals, to submit to a criminal history record check. STATE shall have the right to reject any individual CONTRACTOR assigns to perform work under this Contract if, in STATE’s sole discretion, it determines that the results of the criminal history record check make the individual unacceptable. CONTRACTOR agrees to be responsible for all costs associated with criminal history record checks carried out pursuant to this paragraph.

Forms and information regarding North Dakota Criminal History Record Checks are available on the following website: https://attorneygeneral.nd.gov/public-safety/criminal-history-records/requesting-criminal-history-record-check

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

The STATE discourages overly lengthy and costly proposals. An Offeror must prepare its proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and a Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal and Cost Proposal in separate files.

5. The maximum file size allowed is 50mb per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters such as apostrophe, & symbol, quotation marks, etc..

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

4.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – RFP Amendments Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality

Cost Proposal – The Cost Proposal must be a separate document. Format the Cost Proposal following the RFP instructions.

4.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. Offerors are instructed to review the “Conflict of Interest” provisions in RFP Section 1 “Instructions.” If the firm, its employees or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees and subcontractors do not have a conflict of interest.

3. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms and conditions as set forth in this RFP.

b. The requirement that the Offeror’s proposal accurately describes the goods and services being offered to the STATE, and the proposal will be held firm for the period specified.

c. All local, state, and federal laws, rules, code laws, rules, code, regulation, and policies, including those relating to nondiscrimination, accessibility, civil rights, and equal employment.

d. The requirement that this proposal was prepared independently without collusion.

SECTION 2 – RFP AMENDMENTS

Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

SECTION 3 –SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 3, Scope of Work.

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in section three (3), the scope of work.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by the STATE but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Location of Work. The proposal must respond to the STATE’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel.

5. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for STATE resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project.

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3, Scope of Work, Experience and Qualifications.

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers.

Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform and approximate estimated hours;

2. Resume or description of the relevant education, training, experience, skills and qualifications;

3. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited;

4. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

5. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and its rights and responsibilities.

References Provide three (3) reference letters from clients for whom similar work was completed.