ESBD_366128_1720020456087_Bed & Mattress RFP.pdf

REQUEST FOR PROPOSAL

RFP No. 070324

Beds & Mattresses RFP Southwest Key Programs

07/03/2024

PROPOSAL SUBMISSION:

Procurement Department Southwest Key Programs

6002 Jain Lane Austin, Texas 78721

Bonfire SWK

REFER INQUIRIES TO:

Bonfire SWK

*To access proposal documents on Bonfire SWK, a free registration is required.

PROPOSALS ARE DUE: Friday, July 19, 2024, by 5:00 PM CST https://swkey.bonfirehub.com/projects

TABLE OF CONTENTS

Table of Contents

1 INTRODUCTION AND OVERVIEW

1.1 Purpose of the Request for Proposal (“RFP”)

1.2 Background Information

1.3 Requirements and Deliverables

1.3.1 Overview

1.3.2 Solicitation Goals

1.3.3 Scope of Work

1.4 Samples

1.5 Subcontract Term/Option to Extend

1.6 Awarded Subcontracts

1.7 SWK Terms and Conditions

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS

2.1 Notice of Intent to Submit

2.2 Submission Of Questions

2.3 Proposal Submission, Date, and Time

2.4 Key Dates

2.5 Standard Proposal Requirements

2.6 Non-disclosure Agreements

2.7 Proposal Preparation Costs

2.8 Disclosure of Proposal Content

2.9 Conflict of Interests

3 PROPOSAL FORMAT AND CONTENT

3.1 Proposal Format and Content

3.1.1 Proposal Cover Page

3.1.2 Table of Contents

3.1.3 Response Checklist

3.2 Requirements Plan

3.3 Timelines

3.4 Cost Proposal

3.5 Respondent’s Profile and Financial Responsibility

4 REVIEW OF PROPOSALS

4.1 Review of Proposals

4.2 Selection Criteria

4.3 Discrimination

4.4 Encouraged Participants

4.5 Best and Final Offer 15

CONTRACTUAL REQUIREMENTS ................................................................................................. 15 5.1

Respondent’s Proposal ........................................................................................................................... 15 5.2

Material & Product Requirements ............................................................................................. 16 5.3

Vendor Performance................................................................................................................. 16 5.4

Payment ................................................................................................................................... 16 5.5

Vendor Registration in Oracle ................................................................................................... 16 6

Appendix

Attachment A – SWK General Terms and Conditions………………………………………………………….

Attachment B – Notice of Intent to Submit a Proposal

Attachment C – Cover Page Suggested Format for Proposal

Attachment D – Respondent Company Profile Form

Attachment E – Respondent References Form

Attachment F – Proposal Specific Language (add anything special to this proposal like patient info, etc.)

1 INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF THE REQUEST FOR PROPOSAL (“RFP”)

It is the intent of Southwest Key Programs, Inc. (“SWK”) to solicit proposals for an entity to serve as vendor providing Beds & Mattresses.

1.2 BACKGROUND INFORMATION

SWK is a national nonprofit organization that exists to create opportunities and improve the quality of life for thousands of youths and families each day by providing safe shelter, alternatives to incarceration, career development and quality education. This is done through three areas of programming:

a. Immigrant Children’s Shelters

b. Youth and Family Services

c. Workforce Solutions

The proposed procurement of high-quality beds and mattresses directly supports Southwest Key Programs (SWK)'s mission of creating safe, nurturing environments for unaccompanied children. By ensuring that the children have comfortable and durable sleeping arrangements, SWK can enhance their well-being, promote restful sleep, and contribute to their overall health and safety. This initiative aligns with SWK's commitment to providing exceptional care and improving the quality of life for vulnerable youth in our shelter homes.

1.3 REQUIREMENTS AND DELIVERABLES

1.3.1 Overview

Southwest Key Programs (SWK) is soliciting proposals from qualified Respondents to provide beds and mattresses for unaccompanied children at our shelter homes. Our primary objective is to ensure the safety, comfort, and well-being of the children under our care through the procurement of high-quality bedding solutions. By partnering with experienced suppliers, we aim to enhance the living conditions in our shelter homes and create a nurturing environment for the children.

1.3.2 Solicitation Goals

The primary goal of this solicitation is to procure high-quality, safe, and durable beds and mattresses for unaccompanied children in SWK's shelter homes. We aim to establish a reliable partnership with a Respondent who can ensure timely delivery, professional installation, and adherence to strict safety standards, including flammability and lead content regulations, with non-toxic materials and good quality.

1.3.3 Scope of Work

A. Statement of Results SWK Aims to Achieve

SWK aims to provide unaccompanied minors with high-quality sleeping arrangements that meet safety and comfort standards. We seek to ensure all procured items are durable, compliant with industry and regulatory standards, and delivered and installed on time.

B. Goals and Objectives

The main goals are to enhance the living conditions in our shelter homes and ensure all beds and mattresses are safe, durable, and comfortable. Our objectives include procuring the specified items within the stipulated timeframe, ensuring products meet all specified quality and safety standards, and providing efficient and timely delivery and installation services.

C. Objectives and Requirements for the Project/Task

1. Quality Standards

All SWK needs beds and mattresses for children between 0-17 years, including toddler beds for younger children. All beds and mattresses must meet or exceed industry standards for safety, durability, and comfort. Mattresses should comply with relevant fire safety regulations and have appropriate certifications.

The Respondent must demonstrate that their products have passed rigorous testing for long-term use.

Quality control processes should be documented and provided as part of the proposal.

2. Delivery Schedule

Delivery must be completed within 30 days from the date of order. The Respondent must provide a detailed delivery schedule along with the shipping charges and adhere to it. Any potential delays must be communicated promptly with an updated timeline. The Respondent should also outline their process for managing and mitigating delivery risks. SWK reserves the right before payment or acceptance to inspect all goods and shall have the right to reject all goods that do not conform to our best value.

3. Installation Services

If required, the Respondent should provide professional installation services for bunk beds and other complex items, ensuring installation meets safety standards. Installation teams must be trained and certified to handle the products. The Respondent must ensure minimal disruption to the shelter operations during installation. Post-installation inspections and safety checks must be conducted to ensure compliance.

4. Warranty and Support

A minimum warranty period of 2 years for all items is required, along with post-delivery support and maintenance services. The Respondent must provide clear details of what the warranty covers and the process for filing claims. Support services should include a responsive helpline or contact for addressing issues. The Respondent should also offer regular maintenance services to ensure longevity of the products.

5. Documentation

Detailed product specifications and certifications must be submitted with the proposal. All beds and mattresses should have the date of manufacture on it. Delivery and installation manuals must be included with the delivered products. The Respondent should provide clear assembly instructions if applicable. All documentation must be in compliance with the latest safety and regulatory standards and be easily accessible for future reference.

6. Compliance

Products must comply with all local, state, and federal regulations. The Respondent should demonstrate adherence to ethical labor practices and sustainability standards. Evidence of compliance with environmental regulations should also be provided. The Respondent should ensure that their supply chain practices are transparent and uphold human rights. Ensuring the health and safety of the children at SWK care is paramount, which is why all beds and mattresses must feature non-allergenic surfaces. The

Respondent must provide detailed information and certifications confirming the non-allergenic properties of the materials used.

7. Punch Out Process

The Respondent must provide a clear punch out process for handling discrepancies, defects, or other issues with delivered products. This process should be designed to quickly and effectively resolve any problems that arise. The Respondent must outline the steps taken once a punch out is initiated and provide a timeline for resolution. Communication protocols for keeping the shelter management informed during the process must be established.

8. Returns

Handling returns is a critical aspect of our procurement process to ensure satisfaction and maintain high-quality standards. SWK requires that any returned items, due to defects, discrepancies, or other issues, be managed swiftly and efficiently. The Respondent must outline a clear, detailed return policy in their proposal, specifying the process for initiating a return, the expected timeline for resolution, and any associated costs. Returned items must be inspected and either replaced or repaired within a specified timeframe to avoid any disruption in shelter operations. Additionally, the Respondent should provide a designated point of contact for managing returns and ensuring effective communication throughout the process.

9. F.O.B. Destination

All shipments under this contract shall be delivered F.O.B. (Free on Board) Destination. This means that the Respondent is responsible for all transportation costs and assumes all risk of loss until the goods are delivered to the specified destination and accepted by SWK. The destination for all deliveries will be the shelter homes located across the United States, as coordinated with shelter home management.

Delivery Location: All goods must be delivered to the specified shelter homes located across the

United States. Detailed addresses and contact information will be provided upon awarding the contract.

Title and Risk of Loss: The title and risk of loss shall remain with the Respondent until the goods are received, inspected, and accepted by SWK at the final destination.

Inspection and Acceptance: SWK reserves the right to inspect all goods upon delivery. Any goods that do not conform to the contract specifications may be rejected and returned at the Respondent’s expense. The Respondent shall promptly replace any rejected goods.

10. Safety Standards

All beds and mattresses provided under this contract must meet or exceed the relevant safety standards to ensure the health and safety of the children in SWK's care. This includes compliance with flammability, lead content, and the prohibition of toxic fire-retardant chemicals.

Flammability Standards: All mattresses must comply with the federal flammability standards, specifically 16 CFR Part 1632 and 1633. These regulations set forth the requirements for flammability testing to ensure the safety of the mattresses in preventing and slowing the spread of fire.

Lead Content: All beds and mattresses must meet the standards set by the Consumer Product Safety

Improvement Act (CPSIA) concerning lead content. This ensures that the products do not contain lead in amounts that could be harmful to children.

Prohibition of Toxic Fire-Retardant Chemicals: The Respondent must certify that all mattresses and beds do not contain toxic fire-retardant chemicals, such as PBDEs (polybrominated diphenyl ethers), TCEP (Tris(2-chloroethyl) phosphate), and TDCPP (Tris(1,3-dichloro-2-propyl) phosphate). The use of safer alternatives that do not compromise fire safety is required.

D. Deliverables

Deliverable Description

University Twin Bunk Bed with guard rails and built-in ladders

Features: Twin size, guard rails for safety, built-in ladders for easy access

12" BED (Mattress) Dimensions: 12" height, Features: Comfortable and durable

University Bunk Bed 1.5" Dimensions: 1.5" frame, Features: Sturdy construction

University Bunk Bed 2" Dimensions: 2" frame, Features: Robust design for extra durability

12" BED (mattresses) Dimensions: 12" height, Features: High-quality material for enhanced comfort

39 x 75 mattress with Heavy Duty Vinyl cover

Dimensions: 39" x 75", Features: Heavy-duty vinyl cover for durability

University 2" Sq Stackable bed 39x75 Dimensions: 39" x 75", Features: Stackable design, 2" square tubing construction

Twin Bed Frames Features: Standard twin size, sturdy construction

Twin Bed Frames for dorms Features: Designed for dorm use, durable and easy to assemble

Innerspring mattress with Heavy Duty

Vinyl Cover Features: Innerspring construction, heavy-duty vinyl cover

Twin Size-Over-Twin Size Premium Metal

Bunk Bed, 42 in. x 79 in. x 68 in.

Dimensions: 42" x 79" x 68", Features: Metal construction for durability, twin-over-twin design

SPECIAL*** 12" high deck*** University 2"

Sq Stackable bed 39x75

Dimensions: 39" x 75", Features: 12" high deck, stackable design, 2" square tubing construction

University Bunk Bed Twin Bunk Bed Features: Twin size, bunk bed configuration, sturdy and safe design

39 x 75 mattress with Heavy Duty Vinyl cover

Dimensions: 39" x 75", Features: Heavy-duty vinyl cover for durability

Innerspring Mattress 39 x 75 with vinyl cover

Dimensions: 39" x 75", Features: Innerspring construction, vinyl cover

Innerspring Mattress 39 x 75 with Heavy

Duty Vinyl Cover

Dimensions: 39" x 75", Features: Innerspring construction, heavy-duty vinyl cover

Twin Innerspring Mattress with vinyl cover Features: Twin size, innerspring construction, vinyl cover

36 x 80 Innerspring Mattress with Heavy

Duty Vinyl Cover

Dimensions: 36" x 80", Features: Innerspring construction, heavy-duty vinyl cover

39 x 75 Innerspring Mattress with Vinyl

Cover

Dimensions: 39" x 75", Features: Innerspring construction, vinyl cover

Toddler Bed Safe, durable construction suitable for toddlers, with non-allergenic surfaces

E. SWK or Government-Furnished Property

No government-furnished property will be provided. The Respondent is responsible for supplying all necessary materials and equipment to complete the delivery and installation of the items.

F. Security Requirements

All Respondent personnel must adhere to shelter home security protocols while on-site. Background checks may be required for personnel involved in delivery and installation to ensure the safety and security of the residents and staff. The Respondent must provide identification for all personnel who will be on-site.

Security clearances should be obtained and documented before commencing work.

G. Place of Performance

All deliveries and installations will take place at shelter homes located across the United States. The

Respondent must coordinate with shelter home management for access and scheduling to ensure minimal disruption to operations and resident life. Detailed maps and access instructions should be provided by the Respondent. The Respondent should also plan for any special accommodations needed during the delivery and installation phases.

1.4 SAMPLES

Samples are not required for this Request for Proposal.

1.5 SUBCONTRACT TERM/OPTION TO EXTEND

The term of any subcontract resulting from this RFP shall be from subcontract award until one (1) year.

SWK, at its own discretion, may extend any subcontract awarded pursuant to this RFP for up to two (2) additional fiscal years under the same or similar terms subject to appropriation of funds by SWK funders or the Office of Refugee Resettlement (“ORR”) for this project.

1.6 AWARDED SUBCONTRACTS

It is anticipated that one or more subcontract(s) will be awarded as a result of this RFP. Proposals must include a detailed cost proposal in accordance with the requirements of Section XX of this RFP.

1.7 SWK TERMS AND CONDITIONS

By submitting a proposal, the Respondent is accepting SWK Terms and Conditions (https://southwestkey.org/procurement/). Any Respondent not accepting the SWK Terms and Conditions will be deemed non-responsive and not meeting the requirements of the RFP.

Appendix II to 45 CFR 75 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards shall also apply to this RFP. See Title 45 Part 75 Appendix II Code of Federal Regulations.

Respondent will also be required to adhere to all necessary Office of Refugee Resettlement (ORR) policies. Please see the ORR's Unaccompanied Children Program Policy Guide.

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL

REQUIREMENTS

2.1 NOTICE OF INTENT TO SUBMIT

Respondent is encouraged to submit a letter of intent to Bonfire SWK if they intend to submit a proposal in response to this RFP; however, Notice of Intent to Submit is optional. See Attachment B.

2.2 SUBMISSION OF QUESTIONS

Respondent questions shall be submitted to:

Bonfire SWK

2.3 PROPOSAL SUBMISSION, DATE, AND TIME

WITHOUT EXCEPTION – PROPOSALS MUST BE RECEIVED ON OR BEFORE:

Friday, July 19 2024, by 5:00 PM CST

Proposals must reference the RFP number and be submitted to Bonfire SWK by the Respondent’s point-of-contact. PROPOSALS RECEIVED AFTER THE DUE DATE WILL NOT BE CONSIDERED.

https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-75#Appendix-II-to-Part-75 https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide https://swkey.bonfirehub.com/projects

2.4 KEY DATES

DATE EVENT

07/03/2024 Publication of Request for Proposal

07/09/2024 Optional Notice of Intent to Submit a Proposal

07/12/2024 Submission of Written Questions

07/15/2024 SWK Written Response to Questions

07/19/2024 Respondent Proposal Submission

July - August 2024 Proposal Evaluation, Oral Presentations (if required), and Negotiations (if required)

August 2024 Anticipated Award Date

August 2024 Anticipated Period of Performance

2.5 STANDARD PROPOSAL REQUIREMENTS

A. Proposals that address only part of the requirements contained in this RFP will be considered non-responsive.

B. SWK Programs reserves the right to:

a. reject any and all proposals.

b. negotiate portions thereof including the submitted cost proposals/budget.

c. select the proposal based on the best value to the company. The Respondent shall furnish additional information that the evaluation team may require in order to complete the evaluation of the proposals submitted. Failure to provide the requested material or information will disqualify the proposal.

d. cancel or re-issue the RFP at any time.

e. request and record and/or videotape all Webinars, Web demos, conference calls, demos or other communications relative to this RFP.

C. The Respondent must work with SWK staff to clarify the design of the materials, project design, project activities, and/or other products, and modify these items if necessary.

D. Proposals must be valid until the RFP has closed or been awarded.

E. Proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing. Proposals cannot be changed or withdrawn after the time designated for receipt.

2.6 NON-DISCLOSURE AGREEMENTS

Respondent shall sign a non-disclosure agreement upon award and execution of a subcontract. All information and data furnished to the Respondent during the solicitation process shall be treated as confidential to SWK. Any oral or written disclosure to unauthorized individuals is prohibited and can be grounds for proposal dismissal and termination of any subcontract awarded.

2.7 PROPOSAL PREPARATION COSTS

All costs associated with the preparation, submission, and any other-related activities before award of a subcontract resulting from there are the sole responsibility of the Respondent.

2.8 DISCLOSURE OF PROPOSAL CONTENT

Respondent may protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

2.9 VENDORS CONFERENCE

Respondent must protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

SWK, at its sole discretion, may elect to host a vendor conference in relation to this RFP. A vendor conference is designed to complete the following objectives:

Review the formal solicitation and specific requirements with vendors

Allow vendors to ask clarifying questions on the formal solicitation

Respondents are encouraged to notify the Sole Point of Contact and Communications listed below, regarding participation in the conference. People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact listed below at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by SWK.

SWK will/will not host a vendor conference for this RFP.

Sole Point of Contact and Communications: financeprocurementsolicitations@swkey.org.

2.10 CONFLICT OF INTERESTS

A Respondent will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the subcontract. For this reason, Respondent’s response to this RFP must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal from Respondent and its proposed subcontractors, possible selection as successful Respondent, or its performance of the subcontract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this RFP. These connections must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to SWK Programs under the subcontract.

Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a proposal, possible selection as successful Respondent, or its performance of the subcontract, to create an issue for the company’s consideration relative to a potential appearance of impropriety or conflict of interest.

By submitting a response, Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the subcontract. If the circumstances certified by the Respondent change or additional information is obtained after submission of proposals, Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation. Report conflicts of interest to:

mailto:financeprocurementsolicitations@swkey.org

SWK VP of Compliance and Ethics dberndt@swkey.org

3 PROPOSAL FORMAT AND CONTENT

3.1 PROPOSAL FORMAT AND CONTENT

Proposals must be submitted in electronic format (i.e., Word, PDF) and include the sections referenced in this Section 3. A transmittal letter must accompany the proposal and include the following details:

a) Respondent’s commitment to performing the implementation of the work within the project schedule.

b) Brief executive summary of the proposal contents.

c) A statement that the signatory of the transmittal letter has the authority to bind the Respondent.

Include name, title, and contact information.

3.1.1 Proposal Cover Page

Proposals should include a cover page which clearly states the name of the firm or organization, business address, and the name, position, and telephone number of the Respondent’s Proposal Administrator who may be contacted regarding the proposal. See Attachment C.

3.1.2 Table of Contents

Present a clear and comprehensive identification of your proposal's contents by section and page number.

3.1.3 Response Checklist

This checklist is to assist Respondent in ensuring that all information is included in their response.

Respondent must refer to the appropriate section of the RFP for detailed information on the following:

Optional Notice of Intent to Submit a Proposal Attachment B Transmittal Letter Section 3.1 RFP Cover Page Section 3.1.1 / Attachment C Table of Contents Section 3.1.2 Requirements Plan Section 3.2 Timelines Section 3.3 Cost Proposal Section 3.4 Respondent’s Profile and Financial Responsibility Section 3.5 / Attachment D & E Current Certificate of Insurance and Completed W-9 Attachment D Evidence of Historical Underutilized Business, if applicable Section 4.2

3.2 REQUIREMENTS PLAN

The Respondent will outline a concise plan in their proposal to address the scope of work. The proposal, evaluated, will focus on methodology, experience, timeline, deliverables, and communication plan.

Emphasizing a clear understanding of the project timeline, format of deliverables, and robust communication plan, the proposal will identify key personnel authorized to represent the Respondent's company. This brief yet comprehensive proposal aims for a thorough evaluation of the Respondent's capability in meeting the outlined scope of work and selection criteria.

mailto:dberndt@swkey.org

3.3 TIMELINES

Respondent must plan for a project starting date of no earlier than August 2024, and an ending date of

August 2025 if selected as the contractor. The Respondent must submit a task/activity plan specifying, to the degree possible, the tasks and activities which are to be undertaken. Timelines showing beginning and ending dates for each major task are to be included, as well as the name(s) of person(s) responsible for each task. Activities must be sufficiently designed and outlined in the task/activity plan to provide evidence of satisfactory delivery of services and products. Time frames must be logical and appropriate to complete all activities within the beginning and ending dates of the subcontract. Failure to meet this condition shall result in disqualification of the proposal, and the proposal shall receive no further consideration.

3.4 COST PROPOSAL

The Respondent must provide a clear and detailed budget in their proposal, outlining all costs associated with the project. This should cover personnel expenses, data collection, analysis tools, and any applicable delivery costs. Transparently presenting anticipated indirect costs is essential for evaluation, allowing SWK to assess the financial feasibility of the proposal. A concise and accurate cost breakdown contributes to a transparent evaluation of the overall proposal.

3.5 RESPONDENT’S PROFILE AND FINANCIAL RESPONSIBILITY

Respondent must submit a company profile detailing the following:

a) Basic organizational information, such as the size of the organization, how long the organization has been in business, whether the organization is a public or private entity, etc.

b) Location of the organization’s offices.

c) The range of services provided.

d) List of similar customers.

Respondent must submit a summary of its qualifications (not to exceed 3 pages). The summary should include details about the Respondent’s expertise in the area of Beds & Mattresses.

Respondent must submit at least three (3) references where the Respondent provided similar services (Attachment E).

Respondent may be required to submit indicators of financial stability before award. Examples of requested documentation include:

Most recent audited financial statements or certified public accountant compiled financial report.

Articles of organization and/or documents of incorporation.

3.6 ADDITIONAL TERMS AND CONDITIONS

Respondents must provide any additional terms and conditions that it would like considered in addition to SWK's General Terms and Conditions. Additional terms and conditions not provided with Respondent's proposal submission will not be considered if Respondent should be awarded a contract under this RFP.

4 REVIEW OF PROPOSALS

4.1 REVIEW OF PROPOSALS

Review of proposals will begin as soon as practical after receipt. The evaluation team shall consist of SWK staff knowledgeable in the content area. The recommendations of the evaluation team will be assembled and presented to senior executive staff who will:

1. Approve the proposal in whole or in part;

2. Disapprove the proposal; or

3. Defer action on the proposal for such reasons as a requirement for further evaluation.

SWK may not disclose any information until a subcontract is executed by both parties. Additional copies of proposals not selected for funding will be destroyed in accordance with an approved Records Retention

Policy.

4.2 SELECTION CRITERIA

Proposals will be selected based on the ability of each Respondent to carry out all the requirements contained in this RFP. A Respondent who is in default or otherwise not in good standing under any other current or prior subcontract with SWK at the time of selection will not be eligible for award of this subcontract. SWK will base its selection on, among other considerations, demonstrated competence, qualifications of the Respondent, past performance, and proposed budget/cost. The following are the criteria and the total number of points for each portion of the RFP that will be applied in selecting a subcontractor.

SELECTION CRITERIA FOR SERVICES POSSIBLE

POINTS

A. Quality of Technical Component:

1. Adequacy and appropriateness of project design and how well qualifications are met (15 points).

2. Clear description of details for carrying out project (5 points).

B. Quality of Task/Activity Plan:

1. Activities are of sufficient scope and detail to provide evidence of satisfactory delivery of services and products (15 points).

2. Logical and appropriate time frames for completing project objectives (5 points).

C. Quality of Management Component:

1. Experience of organization in managing projects of similar scope to that described in this RFP (20 points).

2. Personnel qualifications, including appropriate combination of programmatic, research/evaluation, and technical skill sets and experience (10 points).

D. Cost Effectiveness and Appropriateness of Financial Resources Dedicated to Project:

1. Costs are appropriately aligned with major program objectives (20 points).

2. Costs associated with specific activities and tasks are reasonable for the work proposed (10 points).

E. Terms and Conditions

1. The vendor demonstrated and acknowledged a comprehensive understanding and alignment with SWK Terms and Conditions, including all required legal and ethical standards (5 points).

2. The Respondent was clear and transparent in their proposal in explaining how they will adhere to SWK Terms and Conditions and/or proposed additional terms and conditions (5 points).

F. Historical Underutilized Business:

1. Respondents who are classified as an underutilized business or use an underutilized business as a subcontractor and provide evidence of the certification (5 points).

Total 100

4.3 DISCRIMINATION

No person shall, on the grounds of race, color, national origin, sex, age, disability, religion, citizenship status, genetic information, sexual orientation, gender identity, or any other protected class, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any SWK program or activity.

4.4 ENCOURAGED PARTICIPANTS

It is the policy of SWK that the following business enterprises have the maximum opportunity to participate in the purchasing and contracting process: (1) Small Businesses, (2) Women-Owned Businesses, (3)

Minority-Owned Businesses, (4) Labor Surplus Area firms and (5) Veteran-Owned Businesses.

Accordingly, SWK encourages all the aforementioned business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, SWK encourages all companies to sub-contract portions of any SWK subcontract to the aforementioned business enterprises.

4.5 BEST AND FINAL OFFER

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, SWK may request a best and final offer (“BAFO”) from Respondent(s). SWK will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of their proposal. A Respondent may elect not to amend their original proposal. SWK is not bound to accept the best-priced proposal if that proposal is not the most advantageous to SWK as determined by the evaluation team.

5 CONTRACTUAL REQUIREMENTS

5.1 RESPONDENT’S PROPOSAL

Portions of the selected proposal(s) may be incorporated into the subcontract prepared by SWK for signature by the contracting parties.

5.2 MATERIAL & PRODUCT REQUIREMENTS

SWK reserves the right to review any materials, and/or products developed or adapted by the Subcontractor. Upon completion of the subcontract period, all documents will be returned to SWK or destroyed accordingly. All documents created at any time during the subcontract period belong to SWK. A designated SWK staff (i.e., project manager) will establish procedures for communicating phase out and transition of the deliverable(s).

5.3 VENDOR PERFORMANCE

SWK reserves the right to monitor vendor performance including, but not limited to, billing reviews, desk reviews, monitoring visits, vendor questionnaires, and requesting documents or information to validate performance.

5.4 PAYMENT

SWK’s payment terms are Net 30. Payment is only by reimbursement upon satisfactory performance of services or receipt of items. Payment is contingent upon submission of properly prepared and certified invoices. The information provided on each detailed status report must coincide with the tasks outlined in the approved budget, as negotiated by SWK.

5.5 VENDOR REGISTRATION IN ORACLE

Oracle serves as the primary procurement system for SWK, including vendor management. The

Successful Respondent will be required to register in Oracle. Additionally, if the Respondent is to deliver goods to SWK, the Respondent must provide SWK with a list of contracted items for integration into the item data master within Oracle upon award.

Registration instructions are available at Supplier Registration Instructions on our YouTube channel.

Vendors can register using the Supplier Portal link Supplier Registration. Once logged into Oracle, vendors can add the required vendor information, upload the requested documents, and complete the vendor questionnaire located in the Supplier Portal.

https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fyoutu.be%2FBHMegtI36Rc&data=05%7C01%7Cruthrodriguez%40swkey.org%7Ca38c2a7964074a5b056d08da22f00284%7Cd79ee3d4020e4e979d75e509245e0fbd%7C0%7C0%7C637860711486053403%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=KGT1%2FTvYyLQIprRGhX8i42wEPwas0JDw2%2FZv44ORVew%3D&reserved=0 https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffa-etsp-saasfaprod1.fa.ocs.oraclecloud.com%2FfscmUI%2Ffaces%2FPrcPosRegisterSupplier%3FprcBuId%3D300000004615823&data=05%7C01%7Cruthrodriguez%40swkey.org%7Ca38c2a7964074a5b056d08da22f00284%7Cd79ee3d4020e4e979d75e509245e0fbd%7C0%7C0%7C637860711486053403%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JMYloGG65khORvrKAZPFfIe3tcRBqksKfMIv591n5Ms%3D&reserved=0

6 APPENDIX

ATTACHMENT B – NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT C – COVER PAGE SUGGESTED FORMAT FOR PROPOSAL

ATTACHMENT D – RESPONDENT COMPANY PROFILE FORM

ATTACHMENT E – RESPONDENT REFERENCES FORM

1 5/17/2023

ATTACHMENT A

All Respondents must reference Southwest Key Program's vendor page for all applicable Terms and Conditions: https://southwestkey.org/procurement/

Respondents encouraged to provide redlines to SWK's Terms and Conditions as part of their proposal submission, if any.

5/17/2023

ATTACHMENT A

VENDOR NONDISCLOSURE AGREEMENT

This VENDOR NONDISCLOSURE AGREEMENT (this “Agreement”) is made and entered by and between Southwest Key Programs, Inc. (“SWK”), and the entity or person identified on the signature block below (“Contractor”), and governs the disclosure of Confidential Information (as defined below) between the parties.

Discloser shall mean the party disclosing the Confidential Information. Recipient shall mean the party receiving the Confidential Information.

Recipient understands that Discloser has disclosed or may disclose, either directly or indirectly in writing, orally, or by inspection of tangible objects, to Recipient information relating to Discloser’s business that is confidential or proprietary in nature, whether explicitly designated as such or which in good faith ought to be treated as such given its nature and/or the nature of the disclosure (which to the extent previously, presently or subsequently obtained by Recipient is hereinafter referred to as “Confidential Information”).

Confidential Information may include, but shall not be deemed to be not limited to, the following:

i. non-published patent applications and the information contained therein, trade secrets, inventions (whether patentable or not), discoveries and improvements;

ii. (ii) concepts, know-how, ideas, inventions, products, techniques, processes, methodologies, testing procedures, design and functional specifications, analysis and performance information, sketches, drawings, models, apparatus, equipment, user documentation, internal documentation, engineering information, hardware configuration information, technical or other representations, documentation, diagrams, schematics, flow charts, features, mode of operation and other details of products and services, and information concerning research, experimental work, development, design documents, details and specifications;

iii. (iii) software design and architecture, software programs, source code, object code and other computer code, modules, software source documents, specifications, algorithms, formulas, scripts, data, databases, and formulas related to the current, future and proposed products and services;

iv. (iv) names and expertise of directors, officers, employees and consultants;

v. (v) procurement requirements, purchasing, customer data, customer lists, customer names, suppliers and strategic partners, and lists thereof; and

vi. (vi) technical, business, financial, marketing, customer, supplier and product development plans, schedules, forecasts, strategies, analysis, budgets, materials sales, merchandising, promotional and marketing plans and information.

Without limiting the foregoing, Confidential Information also may include proprietary or confidential information of any third party who may disclose such information to Discloser in the course of Discloser’s business, and for purposes of this Agreement, as between the parties such third-party confidential information shall be deemed Discloser’s Confidential Information.

In consideration of any access Recipient may have to Confidential Information and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Recipient agrees:

i. to hold any Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information;

ii. not to divulge any Confidential Information or any information derived therefrom to any third party, including, but not limited to, any affiliated entity (even if owned or controlled by Recipient);

iii. not to make any use whatsoever at any time of any Confidential Information except solely as needed to evaluate whether to enter into a business relationship with Discloser or as otherwise specifically agreed in writing (the “Purpose,” which in no case shall be deemed to extend to allow any use by Recipient that might reasonably cause current or future commercial damage to Discloser);

iv. not to copy or create derivative works of any Confidential Information without prior written approval by Discloser;

v. not to alter or delete any proprietary legends or markings on any Confidential Information; and

vi. not to decompile, disassemble, reverse engineer or otherwise attempt to derive the composition or underlying information, structure or ideas of any Confidential Information.

2. Discloser agrees that the foregoing clauses (i), (ii), (iii), (iv), (v) and (vi) shall not apply or shall cease to apply (as applicable) with respect to any information Recipient can show as a matter of contemporaneous record and otherwise by clear and convincing evidence:

i. (a) was already in Recipient’s possession prior to disclosure by Discloser;

ii. (b) was developed by Recipient without reference to any Confidential Information;

iii. (c) was obtained from a third party who is not prohibited from transmitting the information to Recipient by a contractual, legal or fiduciary obligation to Discloser; or

iv. (d) is or becomes generally available to the public other than as a result of any action or inaction by Recipient;

Provided, however, that should any information come within any circumstance listed in the foregoing clauses (i), (ii), (iii), and (iv) it does not authorize Recipient to infringe any proprietary rights of Discloser.

Recipient may make disclosures of Confidential Information required by court order, provided Recipient promptly notifies Discloser of the disclosure requirement and cooperates with Discloser’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be afforded the Confidential Information.

3. Recipient agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Recipient shall take at least those measures that Recipient takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees.

4. Recipient shall reproduce Discloser’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

5. Recipient shall immediately notify Discloser in the event of any unauthorized use or disclosure of the

Confidential Information.

6. No terms in this section shall prohibit or restrict Recipient’s ability to report, in accordance with applicable law, any fraud, waste, or abuse of government funds to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

7. Recipient is prohibited from requiring its employees or contractors to agree to confidentiality agreements or statements that prohibit or restrict the reporting of fraud, waste, or abuse.

8. Recipient agrees not to remove or export from the United States or re-export any Confidential Information or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws and regulations, including without limitation, those of the United States Department of Commerce.

9. Immediately upon (i) the decision by either party not to enter into a business relationship or (ii) the request of Discloser, Recipient will turn over to Discloser all Confidential Information and all documents or media containing any Confidential Information and any and all copies or extracts thereof. Upon Discloser’s request, Recipient will provide Discloser with a certificate attesting that all Confidential Information has been returned to Discloser. Recipient shall not be required to return or destroy any Confidential Information housed in automated backup system or if required under law to maintain records. Such Confidential Information shall continue to be controlled under this Agreement.

10. Recipient understands and agrees that nothing herein requires Discloser (i) to disclose any Confidential Information, which shall be disclosed, if at all, solely at the option of Discloser, or (ii) to proceed with a business relationship or any relationship in connection with which Confidential Information may be disclosed.

11. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” DISCLOSER MAKES NO WARRANTY, EXPRESS OR

IMPLIED, REGARDING THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY CONFIDENTIAL

INFORMATION.

12. This Agreement does not grant any rights to Recipient under any patent, copyright or other intellectual property right of Discloser, nor shall this Agreement grant Recipient any rights in or to Confidential Information except as expressly set forth herein. As between Recipient and Discloser, all Confidential Information and any derivatives thereof, whether created by Discloser or Recipient, shall remain the sole property of Discloser.

13. Recipient’s obligations under this Agreement will continue until such time as and only to the extent that Confidential Information is publicly known and made generally available through no action or inaction of Recipient.

14. Recipient acknowledges and agrees that due to the unique nature of the Confidential Information, there may be no adequate remedy at law for any breach of Recipient’s obligations hereunder and that any such breach may allow Recipient and/or third parties to unfairly compete with Discloser resulting in irreparable harm to Discloser. Recipient agrees that upon any such breach or any threat thereof, Discloser shall be entitled to seek appropriate equitable and/or injunctive relief in addition to whatever remedies it might have at law (without being required to post a bond or other security) and to be indemnified by Recipient from any loss or harm, including, without limitation, reasonable attorneys’ fees, in connection with any breach or enforcement of Recipient’s obligations hereunder or the unauthorized use or release of any Confidential Information. Recipient shall notify Discloser in writing immediately upon the occurrence of any such unauthorized release or other breach of which it is aware and shall cooperate with Discloser in every reasonable way to help Discloser regain possession of such Confidential Information and prevent its further unauthorized use or disclosure.

15. In the event any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the illegal, invalid or unenforceable provision shall be modified so as to be fully enforceable and to achieve to the maximum extent possible the business and economic purposes of the provision as originally drafted.

16. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of law provisions thereof, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas and agree to waive all objections to personal jurisdiction, venue and forum non conveniens.

17. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the Confidential Information disclosed pursuant to this Agreement.

18. This Agreement shall bind the respective officers, agents, employees and representatives of the parties and shall inure to the benefit of the parties, their successors and permitted assigns.

19. No waiver, modification or amendment of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party, and no failure or delay in enforcing any right will be deemed a waiver thereof.

20. Notices hereunder will be effective only if in writing and upon receipt if delivered personally or by overnight mail carrier or facsimile transmission confirmed by mailing, or three (3) days after deposit in the United States mail, first class postage prepaid.

21. Any ambiguous language in this Agreement shall be interpreted as to its fair meaning, and not strictly for or against either party, regardless of whether either party drafted the Agreement.

22. The prevailing party in any action to enforce this Agreement shall be entitled to costs and fees (including reasonable attorneys’ fees and expert witness fees) incurred in connection with such action.

SOUTHWEST KEY PROGRAMS, INC.

By:

CONTRACTOR

By:

Name: Name:

Title: Title:

Date: Date:

ATTACHMENT B

OPTIONAL NOTICE OF INTENT TO

SUBMIT A PROPOSAL

RFP #

Project Title:

The undersigned organization hereby files a notice of intent to submit a proposal:

Name of Organization:

Mailing Address:

Contact Person:

E-Mail:

Phone Number:

FAX:

• Filing of this notice is not mandatory; however, it will assist Southwest Key Programs in anticipating the volume of proposals in order to better expedite the review process and finalize contract awards.

• Filing this notice in no way binds the organization to submit a proposal for this RFP.

• Respondents who do not file this notice are still eligible to submit a proposal.

PLEASE SUBMIT THIS NOTICE TO BONFIRE AS SOON AS POSSIBLE AFTER

RECEIPT OF THE RFP, BUT NOT LATER THAN, 07/11/2024.

ATTACHMENT C

(FORMAT FOR COVER PAGE)

PROPOSAL

Submitted to

Southwest Key Programs

Procurement Department

RFP #:

TITLE OF PROPOSAL: Provide name of proposal as indicated on the RFP.

RESPONDENTORGANIZATION:

Name and address of organization submitting proposal (include zip code)

RESPONDENT…