Locomotive Air Blower Repair.pdf

DMH RFP RFP 2023-4216-001 Page 1 of 40

State of Nevada

Steve Sisolak Department of Tourism and Cultural Affairs Governor

Division of Museums and History Myron Freedman Division Administrator 412 E. Musser St., Ste. 2 Carson City, NV 89701

State of Nevada

Division of Museums and History, Nevada State Railroad Museum, Boulder City Request for Proposal: 2023-4216-002

For

Locomotive Air Blower Repair

Release Date: 10/06/2022

Deadline for Submission and Opening Date and Time: November 1, 2022 @ 2PM

Refer to Section 8, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Daphne O, DeLeon, Administrative Services Officer

State of Nevada, Division of Museums and History

412 E. Musser St., Suite 2

Carson City, NV 89701

Phone: 775-687-7340 ext. 302

Email address: dadeleon@nevadaculture.org (TTY for Deaf and Hard of Hearing: 1-800-326-6868

Ask the relay agent to dial: 1-775-515-5173/V.)

Refer to Section 9 for instructions on submitting proposals

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VENDOR INFORMATION SHEET FOR RFP 2023-4216-001

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V3 shall be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Section III of the Proposal.

V1 Company Name

V2

Company Address

Street Address:

City, State, Zip Code:

V3

Telephone Numbers

Area Code Number Extension

Telephone:

Fax:

Toll Free:

V4

Contact Person for Questions / Contract Negotiations, including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number:

V5

Name of Individual Authorized to Bind the Organization

Name:

Title:

V6 Signature (Individual shall be legally authorized to bind the vendor per NRS 333.337)

Signature: Date:

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TABLE OF CONTENTS

1. Project Overview…………………………………………………………………………………….4

2. Goals and Objectives………………………………………………………………………………...4

3. Scope of Work……………………………………………………………………………………….4

4. Company Background and References……………………………………………………………4-8

5. Cost………………………………………………………………………………………………….8

6. Financial…………………………………………………………………………………………...8-9

7. Written Questions and Answers………………………………………………………………….9-10

8. RFP Timeline………………………………………………………………………………………..10

9. Proposal Submission Requirements, Format and Content……………………………………….10-17

10. Proposal Evaluation and Award Process………………………………………………………..17-19

11. Terms and Conditions…………………………………………………………………………....19-24

12. Submission Checklist……………………………………………………………………………24-25

Attachment A – Confidentiality and Certification of Indemnification……………………………………26

Attachment B – Vendor Certification…………………………………………………………………...27

Attachment C – Contract Form………………………………………………………………………28-35

Attachment D – Insurance Schedule………………………………………………………………...36-37

Attachment E – Reference Questionnaire………………………………………………………………38

Attachment F – Proposed Staff Resume………………………………………………………………...39

Attachment G – Cost Schedule…………………………………………………………………………40

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Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm

1. PROJECT OVERVIEW

This project will repair and install an air blower for Locomotive 1855, a museum artifact built in 1953 at the Nevada State Railroad Museum in Boulder City (601 Yucca St., Boulder City, NV 89005). This Fairbanks Morse locomotive was in service at the Sierra Army Depot.

GOALS AND OBJECTIVES

Project Tasks:

1) Rebuild Fairbanks Morse (FM) six-cylinder scavenging air blower.

2) Ship rebuilt air blower to the Nevada State Railroad Museum in Boulder City (601 Yucca St., Boulder City, NV 89005)

3) Install blower in locomotive on-site

4) Time the blower on-site

Contractors must include and disclose in their submission all work deemed necessary to complete the above project tasks.

3. SCOPE OF WORK

The completed project will:

• Rebuilt blower using genuine FM part for all significantly worn and failed parts.

• Shipment of blower back to the Museum in Boulder City.

• Installation of blower in locomotive by qualified technician.

• Time blower and adjust backlash to ensure proper operation

• Train operations staff on proper operation and maintenance

Locomotives will be handled with the utmost care. Individuals performing work must be of the highest character and ability.

Technicians will have access to property with supervision by Museum Staff. Repairs will take place between 7 a.m. and 5 p.m.

unless otherwise authorized by museum staff.

The museum has an overhead crane and with appropriate rigging which will be available to the vendor. All Tools and fixtures required to carry-out the work installation of rebuilt equipment on artifacts must be supervised by authorized museum staff. All activities will comply with National Parks Service conservation recommendations.

Work must be completed by February 28, 2023

4. COMPANY BACKGROUND AND REFERENCES

4.1 VENDOR INFORMATION

4.1.1 Vendors shall provide a company profile in the table format below.

Question Response

Company Name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

http://www.leg.state.nv.us/law1.cfm

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Date of incorporation:

# of years in business:

List of top officers:

Location of company headquarters, to include City and State:

Location(s) of the office that shall provide the services described in this RFP:

Number of employees locally with the expertise to support the requirements identified in this RFP:

Number of employees nationally with the expertise to support the requirements in this

RFP:

Location(s) from which employees shall be assigned for this project:

4.1.2 Pursuant to NRS 333.3354, the State of Nevada awards a five percent (5%) preference to a vendor certifying that its principal place of business is in Nevada.

The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a company’s corporate headquarters. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its proposal showing that it qualifies for the preference.

4.1.3 Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

4.1.4 The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes No

If “No,” provide explanation.

http://nvsos.gov/

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4.1.5 Vendors are cautioned that some services may contain licensing requirement(s).

Vendors shall be proactive in verification of these requirements prior to proposal submittal. Proposals that do not contain the requisite licensure may be deemed non-responsive.

4.1.6 Has the vendor ever been engaged under contract by any State of Nevada agency?

If “Yes,” complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Name of State agency:

State agency contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

4.1.7 Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFP, and specify the services that each person shall be expected to perform.

4.1.8 Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six

(6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Does any of the above apply to your company?

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If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

If the matter has resulted in a court case:

Court Case Number

Status of the litigation:

4.1.9 Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFP 2023-4216-001.

4.1.10 Company background/history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages.

4.1.11 Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

4.2 SUBCONTRACTOR INFORMATION

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

4.2.1 Does this proposal include the use of subcontractors?

If “Yes”, vendors shall:

4.2.1.1 Identify specific subcontractors and the specific requirements of this

RFP for which each proposed subcontractor shall perform services.

4.2.1.2 If any tasks are to be completed by subcontractor(s), vendors shall:

A. Describe how the work of any subcontractor(s) shall be supervised, channels of communication shall be maintained and compliance with contract terms assured; and

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B. Describe your previous experience with subcontractor(s).

4.2.1.3 Provide the same information for any proposed subcontractors as requested in Section 4.1, Vendor Information.

4.2.1.4 Business references as specified in Section 4.3, Business References shall be provided for any proposed subcontractors.

4.2.1.5 Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

4.2.1.6 Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 4.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

4.3 BUSINESS REFERENCES

4.3.1 Vendors shall provide a minimum of one (1) business references from similar projects performed for private, and/or public sector clients within the last three (3) years.

4.3.2 Vendors shall submit Attachment E, Reference Questionnaire to their business references.

4.3.3 It is the vendor’s responsibility to ensure that completed forms are received by Your Agency Information on or before the deadline as specified in Section 8, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

4.3.4 The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

4.4 VENDOR STAFF RESUMES

A resume shall be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment F, Proposed Staff Resume.

5. COST

Cost information shall not be included with the vendor's Technical Proposal, please refer to Section 9, Proposal Submission Requirements, Format and Content.

6. FINANCIAL

6.1 PAYMENT

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6.1.1 Upon review and acceptance by the State, payments for invoices are normally made within 30 days of receipt, providing all required information, documents and/or attachments have been received.

6.1.2 Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

6.2 BILLING

6.2.1 The State does not issue payment prior to receipt of goods or services.

6.2.2 The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

6.2.3 The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card.

Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept

6.3 TIMELINESS OF BILLING

The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the contractor to an administrative fee not to exceed $100.00. This is the estimate of the additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claims payment due the contractor.

7. WRITTEN QUESTIONS AND ANSWERS

7.1 QUESTIONS AND ANSWERS

7.1.1 In lieu of a pre-proposal conference, the Division of Museums and History shall accept questions and/or comments in writing, received either by email or facsimile regarding this RFP.

7.1.2 Questions shall reference the identifying RFP number and be addressed to the State of Nevada, Division of Museums and History, Attn: Daphne DeLeon, emailed to dadeleon@nevadaculture.org or faxed to 775-687-4333.

7.1.3 The deadline for submitting questions is as specified in Section 8, RFP Timeline.

7.1.4 Vendors shall provide their company name, address, phone number, email address, fax number, and contact person when submitting questions.

mailto:srvpurch@purchasing.state.nv.us

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7.1.5 All questions and/or comments shall be addressed in writing and responses emailed or faxed to prospective vendors on or about the date specified in Section 8, RFP Timeline.

8. RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time. The State also reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

Task Date/Time

Deadline for submitting questions 10/11/2022 @ 2:00 PM

Answers posted to website On or about 10/13/2022

Deadline for submittal of Reference Questionnaires No later than 4:30 PM on 10/31/2022

Deadline for submission and opening of proposals No later than 2:00 PM on 11/01/2022

Evaluation period (approximate time frame) 11/01/22 – 11/04/22

Selection of vendor On or about 11/04/22

Anticipated BOE Clerk approval 12/01/22 Contract start date (contingent upon BOE Clerk approval) 12/01/22

9. PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

9.1 GENERAL SUBMISSION REQUIREMENTS

9.1.1 Vendors shall submit their proposals via e-mail or on one flash drive appropriately labeled with the RFP # and vendor’s name in accordance with the instructions below or via email.

9.1.2 The one flash drive or email shall contain a maximum of four (4) PDF files which may include:

9.1.2.1 Technical Proposal

9.1.2.2 Confidential Technical (if applicable)

9.1.2.3 Cost Proposal

9.1.2.4 Confidential Financial (if applicable)

9.1.3 Proposals shall have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical proposal qualifies as “confidential” per NRS 333.020(5)(b).

9.1.4 If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 9.3, Part IB – Confidential Technical Proposal and Section 9.5, Part III

- Confidential Financial Information.

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9.1.5 Specific references made to the section, page, and/or paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 9.6, Confidentiality of Proposals.

9.1.6 Proposals that do not comply with the requirements may be deemed non-responsive and rejected at the State’s discretion.

9.1.7 Each section within the technical proposal and cost proposal shall be separated by clearly marked sections with the appropriate section number and title as specified.

9.1.8 Although it is a public opening, only the names of the vendors submitting proposals shall be announced per NRS 333.335(6). Technical and cost details about proposals submitted shall not be disclosed.

9.1.9 Assistance for persons who are disabled, visually impaired or hearing-impaired who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the Division of Museums and History designee as soon as possible and at least two (2) days in advance of the opening.

9.1.10 If discrepancies are found between two (2) or more copies of the proposal, the master copy shall provide the basis for resolving such discrepancies. If one (1) copy of the proposal is not clearly marked “MASTER,” the State may reject the proposal. However, the State may at its sole option, select one (1) copy to be used as the master.

9.1.11 For ease of evaluation, the technical and cost proposals shall be presented in a format that corresponds to and references sections outlined within this RFP and shall be presented in the same order. Written responses shall be in bold/italics and placed immediately following the applicable RFP question, statement and/or section.

9.1.12 Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired.

Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

9.1.13 For purposes of addressing questions concerning this RFP, the sole point of contact shall be the contact as specified on Page 1 of this RFP. Upon issuance of this RFP, other employees and representatives of the agencies identified in the RFP shall not answer questions or otherwise discuss the contents of this RFP with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

9.1.14 Any vendor who believes there are irregularities or lack of clarify in the RFP or proposal requirements or specifications are unnecessarily restrictive, or limit

DMH RFP RFP 2023-4216-001 Page 12 of 40 competition shall notify the sole point of contact as specified on Page 1 of the RFP, in writing, as soon as possible so that corrective addenda may be furnished by the agency in a timely manner to all vendors.

9.1.15 If a vendor changes any material RFP language, vendor’s response may be deemed non-responsive per NRS 333.311.

9.1.16 The vendor understands and acknowledges that the representations made in its proposal are material and important and shall be relied on by the State in its evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

9.2 PART IA – TECHNICAL PROPOSAL

9.2.1 The technical proposal shall include:

9.2.1.1 One (1) original marked

9.2.2 The Technical Proposal shall not include confidential or cost and/or pricing information. Cost and/or pricing information contained in the technical proposal may cause the proposal to be rejected.

9.2.3 Format and Content

9.2.3.1 Section I – Title Page with the following information:

Part IA – Technical Proposal

RFP Title: Locomotive Air Blower Repair

RFP #: 2023-4216-002

Vendor Name:

Address:

Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00 PM Pacific

9.2.3.2 Section II – Table of Contents

An accurate and updated table of contents shall be provided.

9.2.3.3 Section III – Vendor Information Sheet

The vendor information sheet shall be completed and signed by an individual authorized to bind the organization

9.2.3.4 Section IV – State Documents

The State documents section shall include the following:

A. The signature page from all amendments signed by an individual authorized to bind the organization.

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B. Attachment A – Confidentiality and Certification of Indemnification signed by an individual authorized to bind the organization.

C. Attachment B – Vendor Certifications signed by an individual authorized to bind the organization.

D. Attachment H – Certification Regarding Lobbying signed by an individual authorized to bind the organization.

E. Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

F. Copies of applicable certifications and/or licenses.

9.2.3.5 Section V – Scope of Work

Vendors shall place their written response(s) to Section 3, Scope of Work in bold/italics immediately following the applicable RFP question, statement and/or section.

9.2.3.6 Section VI – Company Background and References

A. Vendors shall place their written response(s) to Section 4, Company Background and References in bold/italics immediately following the applicable RFP question, statement and/or section.

B. This section shall also include the requested information in

Section 4.2, Subcontractor Information, if applicable.

9.2.3.7 Section VII – Attachment F – Proposed Staff Resumes(s)

A. Vendors shall include all proposed staff resumes per Section 4.4, Vendor Staff Resumes in this section.

B. This section shall also include any subcontractor proposed staff resumes, if applicable.

9.2.3.8 Tax VIII – Other Informational Material

Vendors shall include any other applicable reference material in this section clearly cross referenced with the proposal.

9.3 PART IB – CONFIDENTIAL TECHNICAL PROPOSAL

9.3.1 Vendors only need to submit Part IB if the proposal includes any confidential technical information (Refer to Attachment A, Confidentially and Certification of Indemnification).

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9.3.2 If needed, vendors shall provide one (1) PDF Confidential Technical Proposal file that includes the following:

9.3.2.1 Section I – Title Page with the following information:

Part IB – Confidential Technical Proposal

RFP Title: Locomotive Air Blower

RFP #: 2023-4216-002

Vendor Name:

Address:

9.3.2.2 Section II – Confidential Technical

Vendors shall cross reference the confidential technical information back to the technical proposal, as applicable.

9.4 PART II – COST PROPOSAL

9.4.1 The cost proposal shall include:

9.4.1.1 One (1) original marked

9.4.2 The Cost Proposal shall not be marked “confidential”. Only information that is deemed proprietary per NRS 333.020(5)(a) may be marked as “confidential”.

9.4.3 Format and Content

9.4.3.1 Section I – Title Page with the following information:

Part II – Cost Proposal

RFP #: 2022-4216-002

Vendor Name:

Address:

9.4.3.2 Section II – Cost Proposal

Vendor’s response for the cost proposal shall be included in this section.

9.5 PART III – CONFIDENTIAL FINANCIAL INFORMATION

9.5.1 Vendors only need to submit Part III if the proposal includes any confidential financial information (refer to Attachment A, Confidentiality and Certification of Indemnification).

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9.5.2 If needed, vendors shall provide one (1) PDF Confidential Financial Information file that includes the following:

9.5.2.1 Section I – Title Page with the following information:

Part III – Confidential Financial Information

RFP #: 2023-4216-002

Vendor Name:

Address:

9.5.2.2 Section II - Financial Information and Documentation

Vendors shall place the information requested in Section 4.1.12 in this section.

9.6 CONFIDENTIALITY OF PROPOSALS

9.6.1 As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

9.6.2 Vendors are required to submit written documentation in accordance with Attachment A, Confidentiality and Certification of Indemnification demonstrating the material within the proposal marked “confidential” conforms to NRS 333.333, which states “Only specific parts of the proposal may be labeled a “trade secret” as defined in NRS 600A.030(5)”. Not conforming to these requirements shall cause your proposal to be deemed non-compliant and shall not be accepted by the State of Nevada.

9.6.3 Vendors acknowledge that material not marked as “confidential” shall become public record upon contract award.

9.6.4 It is the vendor’s responsibility to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation.

9.6.5 Failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damage caused by release of said information.

9.7 PROPOSAL PACKAGING

9.7.1 If the separately sealed technical and cost proposals as well as confidential technical information and financial documentation, marked as required, are enclosed in another container for mailing purposes, the outermost container shall fully describe the contents of the package and be clearly marked as follows.

9.7.2 Vendors are encouraged to utilize the copy/paste feature of word processing software to replicate these labels for ease and accuracy of proposal packaging.

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Daphne DeLeon

Division of Museums and History 412 E. Musser St., Suite 2 Carson City, NV 89701

RFP #: 2023-4216-002

Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00PM Pacific For: Locomotive Air Blower Repair Vendor Name:

9.7.3 Proposals shall be received at the address referenced above no later than the date and time specified in Section 8, RFP Timeline. Proposals that do not arrive by proposal opening time and date shall not be accepted. Vendors may submit their proposal any time prior to the above stated deadline.

9.7.4 The State shall not be held responsible for proposal envelopes mishandled as a result of the envelope not being properly prepared.

9.7.5 Facsimile proposals shall not be considered. Proposal may be modified by email or written notice provided such notice is received prior to the opening of the proposals.

9.7.6 The technical proposal shall be submitted to the State via email or in a sealed package and be clearly marked as follows:

412 E. Musser St., Suite 2 Carson City, NV 89701

RFP #: 2023-4216-002

Proposal Component: Part I - Technical Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00 PM Pacific

9.7.7 The confidential technical proposal shall be submitted to the State in a sealed

412 E. Musser St., Suite 2 Carson City, NV 89701

RFP #: 2023-4216-002

Proposal Component: Part IB – Confidential Technical Proposal Opening Date: November 1, 2022

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Division of Museums and History

412 E. Musser St., Suite 2 Carson City, NV 89701

9.7.8 The cost proposal shall be submitted to the State in a sealed package and be clearly marked as follows:

412 E. Musser St., Suite 2 Carson City, NV 89701

RFP # 2023-4216-021

Proposal Component: Part II – Cost Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00 PM Pacific

9.7.9 The confidential financial information shall be submitted to the State in a sealed

412 E. Musser St., Suite 2 Carson City, NV 89701

RFP #: 2023-4216-002

Proposal Component: Part III – Confidential Financial Information Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00 PM Pacific

9.7.10 The flash drive shall be submitted to the State in a sealed package and be clearly marked as follows:

412 E. Musser St., Suite 2 Carson City, NV 89701

2023-4216-001 2023-4216-002 Proposal Component: Flash Drive Proposal Opening Date: November 1, 2022 Proposal Opening Time: 2:00 PM Pacific

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10. PROPOSAL EVALUATION AND AWARD PROCESS

The information in this section does not need to be returned with the vendor’s proposal.

10.1 Proposals shall be consistently evaluated and scored in accordance with NRS 333.335(3) based upon the following criteria. The following criteria are listed in order of importance.

Criteria Description Weight

1. Reasonableness of Proposal 45

2. Vendor’s successful experience with similar projects 20

Cost

Cost proposals shall be evaluated based on the following formula:

Lowest Cost Submitted by a Vendor Proposers Total Cost

Price Factor X Weight = Cost Criteria Score

10.2 Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in Section 4.1, Vendor Information, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the total score.

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

10.4 Proposals shall be kept confidential until a contract is awarded.

10.5 The evaluation committee is an independent committee comprised of a majority of State officers or employees established to evaluate and score proposals submitted in response to the RFP pursuant to NRS 333.335.

10.6 The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

10.7 Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any proposal. The State reserves the right to reject any proposal based upon the vendor’s prior history with the State or with any other party, which documents, without limitation, = Price Factor

DMH RFP RFP 2023-4216-001 Page 19 of 40 unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Refer generally to NRS 333.335.

10.8 Clarification discussions may, at the State’s sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive per NAC 333.165. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing vendors.

10.9 A Letter of Intent (LOI) shall be issued in accordance with NAC 333.170 notifying vendors of the State’s intent to award a contract to a vendor, pending successful negotiations.

Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. All information remains confidential until the issuance of the formal. Notice of Award (NOA). If contract negotiations cannot be concluded successfully, the State upon written notice to all vendors may negotiate a contract with the next highest scoring vendor or withdraw the RFP.

10.10 A Notification of Award (NOA) shall be issued in accordance with NAC 333.170. Vendors shall be notified that a contract has been successfully negotiated, executed and is awaiting approval of the Board of Examiners (BOE). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the BOE, when required. Any non-confidential information becomes available upon written request.

10.11 Pursuant to NRS 333.700, any contract resulting from this RFP shall not be effective unless and until approved by the Nevada State Board of Examiners.

11. TERMS AND CONDITIONS

11.1 PROCUREMENT AND PROPOSAL TERMS AND CONDITIONS

11.1.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

11.1.2 The State reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

11.1.3 The State reserves the right to waive informalities and minor irregularities in proposals received.

11.1.4 The failure to separately package and clearly mark Part IB and Part III – which contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

11.1.5 Pursuant to NRS 333.350, the State reserves the right to reject any or all proposals received prior to contract award.

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11.1.6 Pursuant to NRS 333.350, the State reserves the right to limit the scope of work prior to award, if deemed in the best interest of the State.

11.1.7 Pursuant to NRS 333.335, the State shall not be obligated to accept the lowest priced proposal, however, shall make an award in the best interest of the State of Nevada after all factors have been evaluated.

11.1.8 Any irregularities or lack of clarity in the RFP shall be brought to the attention of Daphne DeLeon as soon as possible so that corrective addenda may be furnished to prospective vendors.

11.1.9 Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of the project/contract, may be rejected.

11.1.10 Proposals from employees of the State of Nevada shall be considered in as much as they do not conflict with the State Administrative Manual (SAM), NRS Chapter 281 and NRS Chapter 284.

11.1.11 Proposals may be modified or withdrawn by written notice received prior to the proposal opening time. Withdrawals received after the proposal opening time shall not be considered except as authorized by NRS 333.350(3).

11.1.12 Prices offered by vendors in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded vendor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFP. No other costs, rates or fees shall be payable to the awarded vendor for implementation of their proposal.

11.1.13 The State is not liable for any costs incurred by vendors prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the vendor in responding to the RFP, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

11.1.14 Proposals submitted per proposal submission requirements become the property of the State, selection or rejection does not affect this right; proposals shall be returned only at the State’s option and at the vendor’s request and expense. The masters of the technical proposal, confidential technical proposal, cost proposal and confidential financial information of each response shall be retained for official files.

11.1.15 Any unsuccessful vendor may file an appeal in strict compliance with NRS

333.370 and NAP Chapter 333.

11.1.16 NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In

DMH RFP RFP 2023-4216-001 Page 21 of 40 addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

11.1.17 Pursuant to NRS 333.338, the State of Nevada cannot enter into a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a proposal or bid, vendor agrees that if it is awarded a contract it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a).

11.2 CONTRACT TERMS AND CONDITIONS

11.2.1 The awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

11.2.2 The awarded vendor shall maintain, for the duration of its contract, insurance coverages as set forth in the fully executed contract. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverages. Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

11.2.3 The State shall not be liable for Federal, State, or Local excise taxes per NRS

372.325.

11.2.4 The State reserves the right to negotiate final contract terms with any vendor selected per NAC 333.170. The contract between the parties shall consist of the RFP together with any modifications thereto, and the awarded vendor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, any modifications and clarifications to the awarded vendor’s proposal, the RFP, and the awarded vendor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. The State shall not indemnify vendor from any liability or damages, including but not limited to attorney’s fees and costs, arising under any contract resulting from this RFP.

11.2.5 State agencies and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any contract resulting from this RFP and may join or use any contract resulting from this RFP subject to Nevada law. The State is not liable for the obligations of any local government which joins or uses any contract resulting from this RFP.

11.2.6 Any person who requests or receives a Federal contract, grant, loan or cooperative agreement shall file with the using agency a certification that the

DMH RFP RFP 2023-4216-001 Page 22 of 40 person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

11.2.7 Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

11.3 PROJECT TERMS AND CONDITIONS

11.3.1 Award of Related Contracts

11.3.1.1 The State may undertake or award supplemental contracts for work related to this project or any portion thereof. The contractor shall be bound to cooperate fully with such other contractors and the State in all cases.

11.3.1.2 All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime contractor.

11.3.2 Products and/or Alternatives

11.3.2.1 The vendor shall not propose an alternative that would require the

State to acquire hardware or software or change processes in order to function properly on the vendor’s system unless vendor included a clear description of such proposed alternatives and clearly mark any descriptive material to show the proposed alternative.

11.3.2.2 An acceptable alternative is one the State considers satisfactory in meeting the requirements of this RFP.

11.3.2.3 The State, at its sole discretion, shall determine if the proposed alternative meets the intent of the original RFP requirement.

11.3.3 State Owned Property

The awarded vendor shall be responsible for the proper custody and care of any State owned property furnished by the State for use in connection with the performance of the contract and shall reimburse the State for any loss or damage.

11.3.4 Inspection/Acceptance of Work

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11.3.4.1 It is expressly understood and agreed all work done by the contractor shall be subject to inspection and acceptance by the State.

11.3.4.2 Installation of rebuilt equipment on artifacts must be supervised by authorized museum staff. All activities will comply with National Parks Service conservation recommendations

11.3.4.3 Any progress inspections and approval by the State of any item of work shall not forfeit the right of the State to require the correction of any faulty workmanship or material at any time during the course of the work and warranty period thereafter, although previously approved by oversight.

11.3.4.4 Nothing contained herein shall relieve the contractor of the responsibility for proper installation and maintenance of the work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State.

11.3.5 Travel

If travel is required, the following processes shall be followed:

11.3.5.1 All travel shall be approved in writing in advance by the Department.

11.3.5.2 Requests for reimbursement of travel expenses shall be submitted on the State Claim for Travel Expense Form with original receipts for all expenses.

11.3.5.3 The travel expense form, with original signatures, shall be submitted with the vendor’s invoice.

11.3.5.4 Vendor shall be reimbursed travel expenses and per diem at the rates allowed for State employees at the time travel occurs.

11.3.5.5 The State is not responsible for payment of any premium, deductible or assessments on insurance policies purchased by vendor for a rental vehicle.

11.3.6 Completion of Work

Prior to completion of all work, the contractor shall remove from the premises all equipment and materials belonging to the contractor. Upon completion of the work, the contractor shall leave the site in a clean and neat condition satisfactory to the State.

11.3.7 Right to Publish

11.3.7.1 All requests for the publication or release of any information pertaining to this RFP and any subsequent contract shall be in writing and sent to Myron Freedman, Division Administrator or designee.

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11.3.7.2 No announcement concerning the award of a contract as a result of this RFP can be made without prior written approval of the Division of Museums and History or designee.

11.3.7.3 As a result of the selection of the contractor to supply the requested services, the State is neither endorsing nor suggesting the contractor is the best or only solution.

11.3.7.4 The contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with the specific advance written authorization of Myron Freedman, Division Administrator or designee.

11.3.7.5 Throughout the term of the contract, the contractor shall secure the written approval of the State per Section 11.3.7.2 prior to the release of any information pertaining to work or activities covered by the contract.

12. SUBMISSION CHECKLIST

This checklist is provided for vendor’s convenience only and identifies documents that shall be submitted in order to be considered responsive. Any proposals received without these requisite documents may be deemed non-responsive and not considered for contract award.

Part IA – Technical Proposal Submission Requirements Completed

Part IA submitted in one (1) separate PDF file

Section I Title Page

Section II Table of Contents

Section III Vendor Information Sheet

Section IV State Documents

Section V Scope of Work

Section VI Company Background and References

Section VII Attachment F – Proposed Staff Resume(s)

Section VIII Other Informational Material

Part IB – Confidential Technical Proposal Submission Requirements

Part IB submitted in one (1) separate PDF file

Section I Title Page

Section II Appropriate sections and information that cross references back to the technical proposal

Part II – Cost Proposal Submission Requirements

Part II submitted in one (1) separate PDF file

Section I Title Page

Section II Cost Proposal

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Part III – Confidential Financial Information Submission Requirements

Part III submitted in one (1) separate PDF file

Section I Title Page

Section II Financial Information and Documentation

Email or Flash Drive Required

One (1) Email with PDF attachments for technical and cost proposal contents only

One (1) Public Records Email with PDF attachments for technical and cost proposal public record contents only

One (1) Flash Drive with the technical and cost proposal contents only

One (1) Public Records Flash Drive with the technical and cost proposal public record contents only

Reference Questionnaire Reminders

Send out Reference Forms for Vendor (with Part A completed)

Send out Reference Forms for proposed Subcontractors (with Part A and Part B completed, if applicable)

DMH RFP RFP 2023-4216-001 Page 26 of 40

ATTACHMENT A – CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION

Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “confidential” shall not be accepted by the State of Nevada. Pursuant to NRS 333.333, only specific parts of the proposal may be labeled a “trade secret” as defined in NRS 600A.030(5). All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendors’ technical and cost proposals become public information.

In accordance with the Submittal Instructions of this RFP, vendors are requested to submit confidential information in a separate binder/file marked “Part IB – Confidential Technical” and “Part III - Confidential Financial Information”.

The State shall not be responsible for any information contained within the proposal. If vendors do not comply with the labeling and packaging requirements, proposals shall be released as submitted. In the event a governing board acts as the final authority, there may be public discussion regarding the submitted proposals that shall be in an open meeting format, the proposals shall remain confidential.

By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation. I duly realize failure to so act shall constitute a complete waiver, and all submitted information shall become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

This proposal contains Confidential Information, Trade Secrets and/or Proprietary information.

Please initial the appropriate response in the boxes below and provide the justification for confidential status.

Part IB – Confidential Technical Information

YES NO

Justification for Confidential Status

Part III – Confidential Financial Information

Justification for Confidential Status

A Public Records CD or Flash Drive…