MST Attachment F - Form of Final Contract.pdf

Pennsylvania Department of Transportation (PennDOT)

Mainframe Services

MST Attachment F

Form of Final Contract

RFP 3525R03

OGC Standard Form – Revised 2/2/2024 Contract # ________________

CONTRACT FOR ________________ SERVICES

This contract for ______ services is between the Commonwealth of Pennsylvania (“Commonwealth”), acting through the ____________________ (“Agency”), with its principal offices located at ___________________________________, and __________________ (“Contractor”), with its principal offices located at __________________________.

The Agency issued a Request for Proposals for the provision of ________________, RFP No. _______________ (“RFP”), and the Contractor submitted a proposal in response to the RFP.

The Agency determined that the Contractor’s proposal was the most advantageous to the Commonwealth after taking into consideration all of the evaluation factors set forth in the RFP and selected Contractor for contract negotiations.

The parties, intending to be legally bound, agree as follows:

1. Order of Precedence. This contract is comprised of the following documents, which are listed in the order of precedence:

a. this contract;

b. the Contract Terms and Conditions, set forth in Exhibit A;

c. the Final Negotiated Technical Proposal Documents and Clarifications set forth in

Exhibit B;

d. the Contractor’s Cost Submittal1 set forth in Exhibit C;

e. the Contractor’s Small Diverse Business (SDB) Submittal2 set forth in Exhibit D;

f. the Contractor’s Veteran Business Enterprise (VBE) Submittal3, set forth in Exhibit

E;

g. the Contractor’s Diverse Business (DB) Submittal, set forth in Exhibit F;

h. the RFP, including all of the referenced Appendices and all Addenda to the RFP, set forth in Exhibit G; and

i. the Contractor’s Technical Submittal, set forth in Exhibit H.

1 Replace with BAFO Cost Submittal or Final Negotiated Cost Submittal, if applicable.

2 Replace with BAFO Small Diverse Business or Final Negotiated Small Diverse Business Submittal, if applicable.

3 Replace with BAFO Veteran Business Enterprise Submittal or Final Negotiated Veteran Business Enterprise Submittal, if applicable.

2. Services. The Contractor shall provide the services set forth in the RFP, the Final Negotiated Technical Proposal and Clarifications, if any, and the Contractor’s Technical Submittal (“Services”).

3. Cost. The Contractor shall provide the Services for the price set forth in the Cost Submittal.

4. Small Diverse Business (SDB) Requirements.

a. Contractor Commitments. The Contractor shall meet and maintain the commitments to the small diverse businesses set forth in its Small Diverse Business Submittal4.

b. Proposed Changes. The Contractor shall submit any proposed change to its small diverse business commitment to the Department of General Services’ Bureau of Diversity Inclusion and Small Business Opportunities (“BDISBO”). BDISBO shall review the proposal and make a recommendation to the Agency’s Contracting Officer.

c. Reporting Requirements. The Contractor shall complete and submit quarterly utilization reports through BDISBO’s PRiSM system within ten business days after the end of each calendar quarter.

5. Veteran Business Enterprise (VBE) Requirements.

commitments to the veteran business enterprises set forth in its Veteran Business Enterprise Submittal5.

b. Proposed Changes. The Contractor shall submit any proposed change to its veteran business enterprise commitment to BDISBO. BDISBO shall review the proposal and make a recommendation to the Agency’s Contracting Officer.

c. Reporting Requirements. The Contractor shall complete and submit quarterly utilization report through BDISBO’s PRiSM system within ten business days after the end of each calendar quarter.

6. Diverse Business (DB) Requirements:

commitments to Diverse Businesses made in its Diverse Business (DB) Participation Submittal.

4 Replace with BAFO Small Diverse Business Submittal or Final Negotiated Small Diverse Business and Submittal, if applicable.

5 Replace with BAFO Veteran Business Enterprise Submittal or Final Negotiated Veteran Business Enterprise Submittal, if applicable.

b. Proposed Changes. The Contractor shall submit any proposed change to a Diverse

Business commitment to the Department of Transportation, Bureau of Workforce and Business Opportunity (BWBO), which will make a recommendation as to a course of action to the Contracting Officer.

c. Reporting Requirements. The Contractor shall document all Diverse Business payments via the Monthly DB Status Report, EO-402. The form is to be submitted to pd-non-ecms-db@pa.gov within the first five (5) business days of each calendar month, for the proceeding month’s activity, the Contract is in effect.

[SIGNATURE PAGE FOLLOWS.]6

6 Remove if the blank space at the end of the statement of agreement is not significant. Remove if all signature lines can fit on this page. Remove if this sentence is the only thing on the page.

The parties, through their authorized representatives, have signed this contract on the dates indicated below.

[INSERT CONTRACTOR NAME]

Signature Date

Printed Name

Title

Federal I.D. Number

COMMONWEALTH OF PENNSYLVANIA

[INSERT AGENCY NAME]

<<To be signed electronically.>> [Agency Head/Designee] Date [Title]

APPROVED AS TO FORM AND LEGALITY:

<<To be obtained electronically.>> <<To be obtained electronically.>>

Office of Chief Counsel Date Office of General Counsel Date

<<To be obtained electronically.>> Office of Attorney General Date

APPROVED:

<<To be obtained electronically.>> Comptroller Operations Date

CONTRACT FOR ________________ SERVICES