ITB Event 546 Administrative Document.docx

STATE OF IDAHO

DIVISION OF PURCHASING

Invitation to Bid (ITB) Event 546

Statewide Temporary Staffing Services

Date of Issuance: 6/13/2024

TABLE OF CONTENTS

ITB Administrative Information

ITB Lead:

Thayne Pearson, Purchasing Officer Idaho Division of Purchasing 650 W. State St. Room 100 Thayne.pearson@adm.idaho.gov 208-332-1605

Submit electronically via IPRO:

Electronic Submission (IPRO Powered by LUMA)

Pre-Bid Conference:

Pre-Bid Conference Location:

June 20, 2024 at 9:00am Mountain Time

Virtual via Microsoft Teams

PURPOSE

The Idaho Division of Purchasing (“DOP”) is requesting Bids from qualified Vendors for the procurement of Temporary Staffing Services to include providing qualified temporary staff to fulfill a variety of Administrative Support, Commercial/Industrial Workers, Healthcare Staffing Services, and Professional Services, as defined within the scope of this ITB for Statewide use. Temporary Staffing Services will be on an as needed basis.

1.1 Public Agencies

The Contractor(s) must accept orders from and extend contract terms, conditions and prices to all “Public Agencies” (referred to in this ITB as “Agency,” “Agencies,” or “Ordering Agency(ies)”) as defined in Section 67- 2327 of Idaho Code (https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch23/sect67-2327/), which provides as follows: “Public Agency” means any city or political subdivision of this State, including, but not limited to counties; school districts; highway districts; port authorities; instruments of counties; cities or any political subdivision created under the laws of the State of Idaho.”( ATTACHMENT 4)

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via IPRO: (IPRO Powered by LUMA). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at IPRO to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO as an amendment to this ITB.

ITB Lead: Thayne Pearson Phone: 208-332-1605 E-mail: thayne.pearson@adm.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

PRE-BID CONFERENCE

All parties interested may attend the optional pre-bid conference, at their expense. Parties interested in attending this conference must email the ITB Lead no later than one (1) business day prior to the date of the pre-bid conference. The written request should specify the name and title of each person who will be attending. A maximum of three (3) persons for each party interested will be allowed to attend in-person.

Parties interested may also attend the pre-bid conference via Microsoft Teams by obtaining conference call-in details from the ITB Lead.

Failure to attend the optional pre-bid conference shall not relieve the Bidder of meeting the requirements of this ITB.

BACKGROUND

This Contract will be used to provide Statewide Temporary Staffing Services to State of Idaho Agencies for the specific job classifications related to these functions, as identified in this ITB.

It is anticipated for the potential five (5) year life of the resulting contracts, the spend for all categories and all Contractors combined may exceed three million ($3M) dollars; however, the total value and quantity of purchases on the contract is not known; no minimum or maximum is guaranteed.

Specifications Awarded Contractor(s) must be independent contractors and not employees of the State or Participating Public Agencies (See Section 1.1 above). The Contractor’s staff, including temporary assigned temporary staff, must not be considered employees of the State or Participating Entities. These services are as needed and upon request from State agencies and political subdivisions. Contractor(s) must be responsible for hiring, firing, taxes, workers’ compensation, benefits, etc., for the temporary staffs who are not employees of the individual participating entities. Temporary staff must not be provided employee benefits from the State Agencies or political subdivisions. The State will not guarantee any minimum level of usage for any resulting contract(s) under this ITB.

These specifications outlined in Attachment 3 – Specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award.

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 2).

BILLING PROCEDURE

8.1 Must be submitted on Contractor letterhead.

8.2 Show total number of hours, with regular and overtime listed separately, for each individual temporary staff for that week, include the job description (See Section 6.1) for work performed.

8.3 Hourly rate billed (including mark-up) and total amount billed for each individual temporary staff, based upon the corresponding hours for that week.

8.4 List the total amount of allowable miles reimbursed for each applicable temporary staff for that week.

8.5 List the total amount billed in mileage reimbursements for each individual temporary staff for that week. Ordering Agencies require copies of the mileage logs submitted with the weekly invoices to validate amounts invoiced.

8.6 Invoices that contain errors will be returned to the Contractor for correction.

8.7 The Contractor will have two (2) weeks to correct the invoices and resubmit to Ordering Agencies.

In addition to the requirements outlined above, the Contractor must provide the following information with each invoice:

8.8 IPRO PO/Contract number.

8.9 Identification of the Ordering Agency’s location that each contracted personnel is working.

8.10 Identification of the week being billed (i.e., beginning and ending date range of week being billed).

8.11 Grand total amount billed for all temporary staff for that week.

8.12 Name of authorized individual and contact information for Contractor.

8.13 Ordering Agencies may have additional requirements, the Contractor(s) must follow individual Ordering Agency’s internal policies.

SUBMISSION REQUIREMENTS

9.1 Required Bid Submission Items

Your Bid Submission must consist of the following:

Bid Schedule Provide your cost information on Attachment 2, Bid Schedule, below. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive.

State of Idaho Signature Page The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO.

9.2 Bid Submission Methods

Bids must be submitted electronically via IPRO. Do not fax or e-mail your Bid. Your Bid must be received at the Division of Purchasing by the date and time specified on the IPRO header document. The official time, for bid closing purposes, is the Division of Purchasing’s time clock.

9.2.1 Electronic Submission via IPRO

If submitting electronically via IPRO, upload all of the Required Bid Submission Items (See Section 8.1) and enter your cost in IPRO for each line item; as the “Total Cost” on the Bid Schedule OR $1.00 as your cost in IPRO.

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB.

Submitting via IPRO, be advised that that the Bidder for Bid evaluation and award purposes is the entity profile under which submit in IPRO, which must be the same legal entity presented in your uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Bid in IPRO, the information provided on the Signature Page prevails.

It is mandatory to submit your Bid electronically via IPRO, all Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

9.3 Trade Secrets

If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy.

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

AWARD

Award of Contract(s) will be made to the responsive, responsible Bidder with the lowest mark-up rate by Region as provided on the Bid Schedule, ATTACHMENT 2.

The State reserves the right to make “Multiple Awards” within the same Region if in the best interest of the State, as determined by the Administrator of the Division of Purchasing in accordance with Idaho Code 67-9211. Per Idaho Code 67-9211 (3), when a contract for property has been awarded to two (2) or more bidders in accordance with this section, a state agency shall make purchases from the Contractor whose terms and conditions regarding price, availability, support services and delivery are most advantageous to the Ordering Agencies. These Contract(s) will start as soon as the award(s) are made.

REsponsiblities Pursuant to IDAPA 38.05.01.081 (https://adminrules.idaho.gov/rules/current/38/380501.pdf ), the ITB Lead may, in the State’s sole discretion, conduct a review to determine if the apparent low-cost Bidder are responsible. As part of the responsibility review, the ITB Lead may require the apparent low-cost Bidder to provide financial reports to the satisfaction of the State and may also seek to obtain completed reference questionnaires from Bidder’s references to the satisfaction of the State. Nothing herein shall prevent the State from using other means to determine Bidder’s responsibility.

Contract Monitoring Contractor(s) performance under this Contract(s) will be monitored and measured to ensure adequate performance and provision of services. This monitoring will occur by using the performance metrics outlined below. These Metrics will be measured on a weekly, monthly, or quarterly basis by Ordering Agencies staff. Individual Ordering Agencies reserve the right to modify this schedule based upon the needs of the State and the performance of the Contract.

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12.1. The State will monitor the Contract utilizing anyone (1) or more of the following methods:

12.1.1. In-person or telephonic meeting to discuss performance of the Contract;

12.1.2. Survey of the Contractor and Agencies;

12.1.3. Additional reports submitted from the Contractor; or

12.1.4. Any other means the State chooses to employ to accurately monitor the Contract.

12.2. Performance Metrics

12.2.1. Metric Description: Nature and Scope of work to be performed (Attachment 3) – worker orientation Required Level of Expectation: 100% Method of Monitoring: Question temporary staff sent to perform work to ensure they are informed about the job description, hours and days of the week expected to work, health & hygiene policies, hourly wage, workplace safety, personal protective equipment (PPE) requirements.

Strategy for Correcting Non-Compliance: Ordering Agencies will document deficiencies and notify the Contractor in writing if they do not meet the Required Level of Expectation. Ordering Agencies may meet with the Contractor to discuss the issues and potential resolutions. The Contractor will have ten (10) business days after receipt of the written notification to submit a written response to the Agency identifying how they will correct the findings. The Agency may also require the Contractor to submit a Corrective Action Plan which meets the Ordering Agency’s approval. The Corrective Action Plan must be submitted within ten (10) business days after the Contractor has been notified in writing of the findings. Continued non-compliance may result in additional remedies outlined in Section 13 Remedies, up to and including termination of the Contract.

12.2.2. Metric Description: Billing Procedure (Section 8) – Invoice accuracy Required Level of Expectation: 100% Method of Monitoring: Frequent review of invoices submitted by Contractor for individual Ordering Agencies. Mark up rate, temporary staff name, location worked, days and hours worked.

Strategy for Correcting Non-Compliance: Ordering Agencies will document deficiencies and notify the Contractor in writing if they do not meet the Required Level of Expectation. The Agency may meet with the Contractor to discuss the issues and potential resolutions. The Contractor will have ten (10) business days after receipt of the written notification to submit a written response to the Agency identifying how they will correct the findings. Ordering Agencies may also require the Contractor to submit a Corrective Action Plan which meets the Ordering Agency’s approval. The Corrective Action Plan must be submitted within ten (10) business days after the Contractor has been notified in writing of the findings. Continued non-compliance may result in additional remedies outlined in Section 13 Remedies, up to and including termination of the Contract.

remedies If at any time the service fails to meet Contractual standards, the State may, at its sole discretion, require any of the following remedial actions, taking into account the nature of the deficiency:

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13.1. Require the Contractor to develop corrective actions plans and take corrective action to bring the service into compliance with Contractual standards, subject to DOP approval and oversight;

13.2. Accelerate monitoring of Contractor performance by the State or its designee;

13.3. Require additional or ad hoc reporting by the Contractor at no cost to the State, that addresses performance issues;

13.4. Withhold payment to the Contractor, in whole or in part, to the extent the Contractor fails to perform its obligations set forth in the Contract;

13.5. Terminate the Contract with a thirty (30) day notice.

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subcontractors Bidders must list any subcontractors and describe the extent to which subcontractors will be used to comply with contract requirements. Contractors must ensure that all subcontractors and their employees meet all requirements of the Contract. If the Bidder utilizes any entity other than the entity submitting the bid to provide any of the services required by this bid, the relationship between the two (2) entities is considered that of a contractor subcontractor for the purpose of this section, regardless of whether a relationship is based on an actual written contract between the two (2).

Insurance Requirements Prior to starting work under the contract (or as otherwise designated by the Purchasing Activity), the Contractor must provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the requisite time period may be cause for cancellation of the contract.

Contractor shall carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, Contractor will keep in force all required insurance until the Contract is terminated.

Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this Contract.

CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

Bidder or offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its bid or proposal if the bidder or offeror will not use any owned, hired or non-owned vehicles to conduct business under the contract, if it is awarded the contract, and the State of Idaho will consider the request. If the bidder or offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of bids or proposals, the State of Idaho may not consider the request.

Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and $1,000,000 disease, each employee.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the (agency) and its divisions, officers and employees as additional insured, but only with respect to the Contractor's activities to be performed under this Contract.

The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), Contractor must provide written notice within thirty (30) days be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

Contractor shall request that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage(s) provided to the State of Idaho, and its divisions, officers and employees.

Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention's and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles but such deductibles will not be deducted from any damages due to the State.

Records Maintenance Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

Audit Rights The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

ITB Event 546 Statewide Temporary Staffing Services

ATTACHMENT 1-BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regards to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

3. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

ITB Event 546 Statewide Temporary Staffing Services Page 12

Attachment 2-BID SCHEDULE

Attachment 2, Bid Schedule must be completed and submitted with your bid. The bidder must provide a fully burdened markup rate which must include, but not be limited to, all operating and personnel expenses, such as: overhead, salaries, administrative expenses, travel, profit, and supplies. Bidder must complete the following by submitting a Fully Burdened Mark-Up Rate Bid for the Mandatory Use Position Classifications (Section 11, Attachment 3) for any of the individual regions or for all six (6) Districts:

MANDATORY USE POSITION CLASSIFICATION: ADMINISTRATIVE SUPPORT

Region # 1

Mark-Up Rate = %

Region # 2

Mark-Up Rate = %

Region # 3

Mark-Up Rate = %

Region # 4

Mark-Up Rate = %

Region # 5

Mark-Up Rate = %

Region # 6

Mark-Up Rate = %

OPTIONAL USE POSITION CLASSIFICATION:

Please provide your Mark-up Rate Percentage for the following Optional Use Position Classifications (Section 12, Attachment 3):

Commercial/Industrial Worker Positions

Region # 1

Mark-Up Rate = %

Region # 2

Mark-Up Rate = %

Region # 3

Mark-Up Rate = %

Region # 4

Mark-Up Rate = %

Region # 5

Mark-Up Rate = %

Region # 6

Mark-Up Rate = %

Healthcare Staffing Service Positions

Region # 1

Mark-Up Rate = %

Region # 2

Mark-Up Rate = %

Region # 3

Mark-Up Rate = %

Region # 4

Mark-Up Rate = %

Region # 5

Mark-Up Rate = %

Region # 6

Mark-Up Rate = %

Professional Services Positions:

Region # 1

Mark-Up Rate = %

Region # 2

Mark-Up Rate = %

Region # 3

Mark-Up Rate = %

Region # 4

Mark-Up Rate = %

Region # 5

Mark-Up Rate = %

Region # 6

Mark-Up Rate = %

Company Name of Bidder:

Contact Name/Phone:

Contact E-mail:

Attachment 3 – Specifications

Awarded Contractor(s) must be independent contractors and not employees of the State or Participating Public Agencies (See Section 1.1 above). The Contractor’s staff, including temporary assigned temporary staff, are not considered employees of the State or Participating Entities. These services are as needed and upon request from State agencies and political subdivisions. Contractor(s) must be responsible for hiring, firing, taxes, workers’ compensation, benefits, etc., for the temporary staffs who are not employees of the individual participating entities. Temporary staff will not be provided employee benefits from the State Agencies or political subdivisions. The State will not guarantee any minimum level of usage for any resulting contract(s) under this ITB.

These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award.

1. Temporary Staffing Services General Requirements The Contractor must make every effort to provide State of Idaho agencies and political subdivisions (Ordering Agencies) with temporary staff who are seeking placement for the length of time specified in each request. Ordering Agencies will not always know the length of time needed for certain positions, and therefore, reserves the right to request temporary staff for a minimum amount of time and to request additional temporary staff to relieve currently working temporary staff to prevent the occurrence of overtime. Ordering Agencies must approve of all overtime hours for each individual temporary staff on a case-by-case basis prior to the occurrence of overtime. Ordering Agencies also reserve the right to give the Contractor blanket approval for overtime allowed on specific projects, specific work locations or specific temporary staff for a specified period of time.

1.1. The State and Ordering Agencies require temporary staff on an “as needed” basis for the duration of this Contract.

1.2. All temporarily assigned temporary staff will be appropriately dressed for the assignment and must maintain a professional demeanor. Dress code policy is established by the Ordering Agency. Temporary staff must dress according to the requirements of the Ordering Agency requesting the assignment. Any required specific attire will not be provided by or reimbursed unless specified by the Ordering Agency.

1.3. Temporarily assigned staff should be available for the entire length of the assignment; however, if a replacement is required, a qualified replacement must be provided within twenty-four (24) hours of notification, including weekends and holidays.

1.4. The Ordering Agency reserves the right to reduce the length of the temporary assignment and will provide the Contractor with as much notification as possible.

1.5. Qualifications, knowledge, skills, and abilities required of temporary staff must meet the minimum requirements for each position as outlined in Attachment 3 - Specifications. The temporary staff must have the ability to work on an “as needed” basis, including overtime and on holidays when required, from one (1) up to seven (7) days per week, as defined in each individual Agency request.

1.6. The State will require temporary staff on an “as needed” basis for the duration of this Contract.

1.7. Temporary staff may be hired as an employee of the Ordering Agency if, the Ordering Agencies and Contractor’s hiring processes have been complied with and if the temporary staff elects to accept employment with the Ordering Agency. Such occurrence will create no further obligation (financial or otherwise) on the part of the Ordering Agency. The Contractor must have a procedure for transitioning temporary staff to an Ordering Agency’s permanent employee in the event the Ordering Agency desires to hire the temporary staff placement.

1.8. The Ordering Agency will not be responsible for the Contractor’s temporary staff who voluntarily leave the Contractor’s employment or engages in employment with another company.

1.9. Ordering Agencies have the right to refer qualified potential applicants to the Contractor(s) for screening and assignment to fulfill the Ordering Agency’s needs.

1.10. Ordering Agencies maintain the right to interview all temporary staff referred by the Contractor(s) and to reject any applicant not deemed suitable for the current position.

1.11. Contractor must have the ability to provide temporary staff to Agencies throughout the Region they are awarded. Bidders can choose to bid on all six (6) Regions or on individual Region(s) as identified below and further detailed in APPENDIX 2 – Statewide Region Map, as follows:

1.11.1. Region # 1

This Region consists of Benewah, Bonner, Boundary, Kootenai, and Shoshone Counties.

1.11.2. Region # 2

This Region consists of Clearwater, Latah, Lewis, Nez Pierce, and Idaho Counties.

1.11.3. Region # 3

This Region consists of Ada, Adams, Canyon, Elmore, Gem, Owyhee, Payette, Valley, and Washington Counties.

1.11.4. Region # 4

This Region consists of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls Counties.

1.11.5. Region # 5

This Region consists of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida, and Power Counties.

1.11.6. Region # 6

This Region consists of Bonneville, Butte, Clark, Custer, Freemont, Jefferson, Lemhi, Madison, and Teton Counties.

1.12. Request’s for temporary staffing fulfillment may be in the form of e-mail, facsimile, or telephone call from the Ordering Agency. The Contractor must follow the Ordering Agencies order placement processes.

Provide a statement affirming your understanding of and ability and willingness to meet the General Requirement in Sections 1.1 – 1.12

2. Contractor’s Responsibilities The Contractor(s) must:

2.1. Obtain the information as described in Attachment 3 and any other information necessary to determine what job category satisfies each service request.

2.2. Follow individual Ordering Agencies required fulfillment timeframes, which will be provided by the Ordering Agency.

2.3. Confirm with the Ordering Agency the arrival of its temporary staff by telephone within thirty (30) minutes after scheduled arrival time.

2.4. Communicate with its temporary staff the Ordering Agency’s requirements regarding hours of work, duration, location, expectations, dress code and other information concerning the assignment.

2.5. Validate that persons holding positions requiring the use of personal vehicles have a valid driver’s license and automobile insurance as required by law. Ordering Agencies reserve the right to require documentation from the Contractor that this has been verified.

2.6. Maintain a pool of tested, qualified, and available temporary staff in order to ensure adequate and timely staffing, available to Ordering Agencies upon notification, including at times an “as soon as possible” timeframe.

2.7. Not place temporary staff outside of applicable job classification. Periodic checks of requests and assignments will be performed by the Ordering Agency to ensure this does not occur.

2.8. Conduct periodic quality assurance checks with the Ordering Agency’s point of contact to verify the Ordering Agency’s requirements are being fulfilled by the temporary staff. At a minimum, these checks must be completed at the end of the first week of any assignment. Ordering Agencies may request quality assurance checks at any interval during the term of the temporary staff’s placement.

2.9. Ensure temporary staff agree to be bound by the State security regulations, policies, and standards as required by the Ordering Agency (e.g., Department of Corrections). This will vary based on the individual Ordering Agency’s requirements.

2.10. Ensure the hours worked by temporary staff are tracked and recorded on a project log. Ordering Agencies may choose to provide an agency specific project log. This project log will be signed off on by a supervisor. Ordering Agencies are not responsible for collecting or submitting these forms back to the Contractor(s). Ordering Agencies will use the supervisor approved project log for verification of hours billed on each invoice.

2.11. Collect personal vehicle mileage logs from positions that require the use of personal vehicles and reimburse the persons at the State Mileage Reimbursement Rate (See Section 6.5 Below) established by the State of Idaho Board of Examiners. The Contractor(s) will be allowed to pass along these mileage costs to Ordering Agencies; however, the Contractor(s) must not be allowed to charge a mark-up rate on mileage reimbursements. The Contractor(s) must track, record and invoice temporary staff mileage reimbursements separately. Contractor(s) must submit copies of the mileage logs in accordance with Ordering Agencies invoicing requirements to validate amounts invoiced.

2.12. Provide temporary staff with an accident protocol including emergency Contractor contact information. The Contractor may provide Ordering Agencies with the temporary staff accident protocol for posting at work sites or to have on file.

2.13. The Ordering Agency may require assurance that all temporary staff provided to their Agency under this Contract are drug free and may require the Contractor(s) to complete a Contractor’s Affidavit Concerning Alcohol and Drug-Free Workplace, before use of the Contract.

2.14. Be available to Ordering Agencies between the hours of 8:00 AM and 5:00 PM MST, Monday thru Friday. The Contractor(s) must also provide a 24/7 emergency number that is available to Ordering Agencies outside of the regular hours for emergency staffing requests.

2.15. Prohibit temporary staff who have conflicts of interest from performing certain services under this Contract. For purposes of this Contract, a conflict of interest is (a) the performance of direct supervisory or lead duties at an establishment where a close relative is employed; the temporary staff person or a close relative has a financial interest (this does not include holdings in a widely held mutual fund or regulated investment company that does not specialize in a particular commodity, and has no managerial control or directorship that is exercised by the employee); or the temporary staff person's interest or relationships with temporary staff or organizations might appear to be in conflict with his or her duties under the Contract; and/or (b) as defined by Idaho Code Section 74-403(4). Temporary staff must disclose real or potential conflicts to the Contractor during the hiring process or immediately upon recognizing a real or potential conflict. The Contractor must then provide to the Ordering Agency’s Human Resources contact all disclosed real or potential conflicts. The Agency will make all final determinations as to the presence or absence of prohibited conflicts of interest for the purpose of fulfilling the services anticipated under this Contract. https://legislature.idaho.gov/statutesrules/idstat/title74/t74ch4/sect74-403/

2.16. Ensure all communication and approval regarding the Contractual terms of this Contract will go solely through the point of contact designated by the Ordering Agency. The Ordering Agency will provide a main point of contact to the Contractor(s) at time of order placement.

2.17. The Contractor must provide at least one (1) Point of Contact for Temporary Staffing order placement for the Contract. If the Contractor provides more than one (1) Point of contact, each must be assigned to specific Agencies or Areas of the State. The Contractor must provide a written list of their Point of Contacts to DOP within fifteen (15) business days of the Service Start Date of the Contract, including name(s), contact information, and assigned Agencies or Areas, and must provide timely updates to DOP throughout the Contract term in the event the Point of Contact (or contact information) change.

Provide a statement affirming your understanding of and ability and willingness to meet the requirements of each Contractor Responsibility in Sections 2.1 – 2.16

3. Ordering Agency’s Responsibilities

3.1. Prior to contacting the Awarded Contractor(s), the Ordering Agency is responsible to define details of the request to include, but not be limited to:

3.2. Number of temporary staff needed;

3.3. Job duties;

3.4. Equipment to be used;

3.5. Knowledge, skills and education and/or experience;

3.6. Computer software to be used;

3.7. Hours of work;

3.8. Expected length of assignment;

3.9. Job related attire;

3.10. Position location;

3.11. Procuring Agency contact person; and

3.12. Other pertinent job-related information.

3.13. Depending on the amount of detail required, it is recommended the Ordering Agency submit this information in writing via e-mail or facsimile to reduce the possibility of an inappropriate temporary assignment.

3.14. Each Ordering Agency will provide a listing of position classifications to the Awarded Contractor(s); however, the listing is not meant to be all-inclusive. Individual Ordering Agencies may request other temporary positions by way of providing the Awarded Contractor(s) with the employee pay rate, position classification/title and description of duties.

4. Work Hours

4.1. The exact work hours for temporary staff will be determined by the Ordering Agency. Generally, work hours begin at 8:00 a.m. and end at 5:00 p.m. Monday through Friday excluding State of Idaho observed holidays. https://www.idaho.gov/government/state-holidays/

4.2. Temporarily assigned temporary staff will not be paid for their lunch hour.

4.3. Agencies have the right to request temporarily assigned temporary staff for holiday, evening/night, weekend or shift work.

4.4. Work hours may vary by Ordering Agency and by job duty.

4.5. The Ordering 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 Ordering Agency. Any time beyond the initial eight (8) hours of service, the temporarily assigned individual is determined to be unsatisfactory; the Contractor agrees to issue a credit invoice to the Ordering Agency for the total charges from the point the Ordering Agency notifies the Contractor to request a replacement.

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

4.7. The Ordering Agency must be the sole judge as to whether a temporarily assigned individual is satisfactory and is fulfilling the Ordering Agency’s requirements.

5. Travel

5.1. In the event a temporary staff’s duties require travel, the reimbursable travel costs will be reimbursed in accordance with the applicable Idaho Board of Examiners Travel Policies and rates upon submission of a detailed account of travel expenses and supporting documentation. Mark-up rates must not be added to travel costs. https://www.sco.idaho.gov/web/sbe/sbeweb.nsf/pages/trvlpolicy.htm

5.2. Travel authorizations must be given before travel occurs per Ordering Agency’s internal policies.

5.3. Travel expenses submitted for reimbursement must follow Ordering Agency’s internal policies.

5.4. The temporary staff and the Ordering Agency’s contact person must sign the travel expense form.

5.5. The form must be submitted with the Contractor’s invoice for services with the travel expense as a separate line item on the invoice in order to be reimbursed by the Ordering Agency.

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

6. Placement

6.1. Agencies may refer temporary staff to be hired to the Contractor to sign up to perform specific services needed or may request the Contractor to recruit and provide the temporary staff. The Ordering Agency will not pay a placement or conversion fee for temporary staff who are a direct referral from the Ordering Agency.

6.2. The Ordering Agency reserves the right to interview the temporary staff to determine their qualifications for the required position (but this does not negate the Contractor’s responsibility of qualifying temporary staff(s)).

6.3. The Ordering Agency may reject and/or remove any temporary staff who does not meet the requested experience or is deficient in the performance of the assignment.

6.4. Ordering Agencies may select Contractor(s) within their geographic region based on the preference of the Ordering Agency.

6.5. Multiple Contractors may be contacted to fill the same position.

Provide a statement affirming your understanding of and ability and willingness to meet the requirements of Sections 6.1-6.5

7. Background Checks The Contractor(s) must conduct background and reference checks on potential temporary staff prior to any assignments and must be prepared to conduct more extensive background investigations when required by the Ordering Agency. Contractor(s) must send notification to the Ordering 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 temporary staff and may jeopardize future placements by offending Contractors’.

7.1. Some Ordering Agencies, such as Disability Determination Services (DDS), may have stricter requirements and some temporary staff will be required to pass a federal background check and to become Homeland Security Presidential Directive 12 (HSPD-12) certified. The Contractor(s) must be able to provide such requirements when required by the Ordering Agency.

7.2. The costs of the background checks must be included in the fully burdened Mark-Up Rate by Region. At a minimum, criminal and driving record background checks must be analyzed by the Contractor(s) in accordance with applicable laws and guidance. At a minimum, the background check information must contain the same information from iCourt and the Idaho Supreme Court Data Repository for criminal records and the Idaho Transportation Department’s Driver License Record Search for driving records, or the equivalent for each state. All convictions and pending charges found to have occurred in the previous seven (7) years must be communicated to the Ordering Agency’s Human Resource staff in writing for analysis and approval prior to placing temporary staff. Ordering Agencies will provide the contact information for their Human Resources point of Contact.

7.3. The State agrees to keep all background check results strictly confidential and will only use such results in accordance with applicable laws and solely for employment purposes.

Provide a statement affirming your understanding of and ability and willingness to meet Ordering Agencies requirements for background checks in Sections 7-7.3

8. Termination If the Contractor fails to deliver, or fails to deliver on time, or if there is a discrepancy in the quality and/or quantity of contract personnel received, or a default on any other provisions in the Contract, Ordering Agencies shall notify the Contractor. In the event of an unsatisfactory response from the Contractor, Ordering Agencies may contact DOP to provide contract management.

8.1. DOP will verify the discrepancy, note the same in the Contract file, and take the appropriate action. If the condition is not timely cured, DOP shall have the discretion to do any and all of the following:

8.1.1. Further monitor performance

8.1.2. Modify or terminate the Contract

8.1.3. Pursue legal remedies a

9. Contract Kick-Off Meeting The awarded Contractor(s) must attend the Contract Kick-Off meeting. The meeting will be held after the Contract Award.

10. Mandatory Use Position Classifications The Contractor must provide temporary staffing services as required and authorized by Ordering Agencies. The Contractor must provide temporary staff possessing the appropriate qualifications, knowledge, skills and abilities to provide professional temporary staffing services in each of the Administrative Support categories listed below. Training for job specific duties may be provided by Ordering Agencies at the discretion of the individual Ordering Agency. The following is a list of anticipated staffing requirements, but other similar classifications may be added during the Contract term and some positions may be cross-trained to better utilize time.

11. ADMINISTRATIVE SUPPORT

Classifications in this occupational group perform clerical and administrative work primarily…