OEV25004525_Oct_7_24_solicitation_doc.pdf

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Attached to
MPA 152 Lumber
Solicitation number
OEV25004525
Issued by
Providence County, Rhode Island

About this file

This document is a solicitation from the State of Rhode Island's Division of Purchases for an Open Enrollment (OE) to establish a Master Price Agreement (MPA) for MPA 152 Lumber. The MPA will create a list of qualified vendors to supply small scale lumber and concrete products to the State of Rhode Island, as well as participating political subdivisions such as municipalities, higher education institutions, and quasi-public agencies. The contract term will be from July 24, 2024 to March 31, 2025, with the possibility of two 12-month renewals. Vendors must submit proposals electronically through Ocean State Procures by the due date. The State reserves the right to make one or multiple awards and to reject any or all bids.

The solicitation outlines pricing terms, including a 1% contract administrative fee for all purchase orders issued under the MPA. Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) participation is required, with certified vendors being given preference. Vendors must comply with affirmative action requirements and provide insurance coverage as specified. The State may conduct mini-bids among the qualified vendors for specific projects.

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Text version

Solicitation Number: OEV25004525

MPA 152 Lumber

Open Enrollment Vendor Assessment (OEV)

State of Rhode Island

July 24, 2024 - March 31, 2025

Page:2

General Header Information

OEV25004525

No. OEV25004525 Title: MPA 152 Lumber Start Date: July 24, 2024 at 12:00:00 PM EDT End Date: March 31, 2025 at 3:00:00 PM EDT Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: MPA 152 Open Enrollment establishes a list of qualified vendors to supply small scale lumber and concrete products. For more information,

a. when viewing from public bid board, click on the “print/download solicitation” button in the upper right corner of this window, or b. vendor can login to their WebProcure account to view this solicitation in full. ***If you are currently on the MPA, please do not rebid.

Delivery Terms: Free On Board Destination Payment Terms: Vendor Specified Contact Information: State of Rhode Island

Marisa DelFarno 1 Capitol Hill 2nd Floor Providence RI, 02908 United States Tel: 401-574-9235 marisa.delfarno@purchasing.ri.gov

Contact Details: If you have any questions, please contact:

Marisa DelFarno 1 Capitol Hill 2nd Floor Providence RI, 02908 United States Tel: 401-574-9235 marisa.delfarno@purchasing.ri.gov

Selected Categories:

Page:3

Header Custom Fields:

OEV25004525

General Solicitation Overview

OSP Vendor Instructions •Vendors must register in Ocean State Procures™ at www.ridop.ri.gov/vendor-registration/ to be able to submit solictation responses and receive any potential solicitation award.

•Vendor "How to Register" in Ocean State Procures™ instruction and registration link can be found at Osp Vendor Registration | Rhode Island Division of Purchases (ri.gov).

•Vendor “How to Bid” in Ocean State Procures™ instruction can be found at OSP Vendor Online Training Center | Rhode Island Division of Purchases (ri.gov).

•Solicitation responses must be submitted in Ocean State Procures™. Any solicitation responses emailed, mailed, faxed, hand-delivered or mis-directed to other State locations shall not be accepted.

Contract Term The initial contract period end on March 31, 2025. Contracts may be renewed for up to two (2) additional 12-month periods based on vendor performance and the availability of funds.

http://www.ridop.ri.gov/vendor-registration/ https://ridop.ri.gov/ocean-state-procures-osp/osp-vendor-registration https://ridop.ecms.ri.gov/vendors/vendor-training-and-guides-osp-system https://ridop.ecms.ri.gov/vendors/vendor-training-and-guides-osp-system

Page:4

Solicitation Requirements:

OEV25004525

General Requirements

Confidential Documents Vendors may designate part or all of a document(s) as being ”confidential” on the appicable document(s) itself. A confidential designation for these purposes should only be applied to information which is deemed exempt from public disclosure pursuant to R.I. Gen. Laws § 38-2-2 or other applicable federal/State law, and may include but not be limited to the following: proprietary information; trade secrets; vendor financial records/statements; vendor bank account, ACH, and/or routing numbers; personally identifiable information of vendor staff/contractors; and FEIN and/or

Social Security Numbers.

Vendors are advised that upon submission of document(s) marked as “confidential”, the Vendor must also upload a redacted copy of the same document(s) which are suitable for public disclosure. Failure to upload a redacted copy, or submission of documents which are so excessively redacted as to thwart public disclosure requirements, may result in the Vendor’s proposal being deemed non-responsive to the solicitation in accordance with 220-RICR-30-00-

13(C)(6).

OSP Confidential Toggle Indicator Note: The toggle functionality in OSP to designate a document(s) as confidential is temporarily unavailable. If a vendor needs to indicate a document(s) as "confidential", do so within the document(s) itself and upload the file accordingly.

Questions Questions concerning this solicitation must be submitted to the Division of

Purchases’ eProcurement website, Ocean State Procures™, no later than the date and time indicated on the 'Overview' tab of this solicitation. All questions must be submitted in OSP to the 'Q&A Center', accessed via the 'Collaboration' tab of this solicitation. Questions submitted directly to the buyer of record and/or Division of

Purchases shall not be acknowledged. Submit each question individually with no attachments. Attachments shall not be acknowledged. No other contact with State parties is permitted.

Answers to questions received, if any, shall be posted on the solicitation record within Ocean State Procures™, as an addendum to this solicitation. It is the responsibility of all interested parties to monitor Ocean State Procures™ for any procurement related postings such as addenda.

Insurance Requirements

Page:5

In accordance with this solicitation, or as outlined in Section 13.19 of the General Conditions of

Purchase, found at https://rules.sos.ri.gov/regulations/part/220-30-00-13 and General Conditions -

Addendum A found at https://www.ridop.ri.gov/documents/general-conditions-addendum-a.pdf, the following insurance coverage shall be required of the awarded vendor(s) (marked with an "X"):

General Requirements:

a) [ x ] Liability - combined single limit of $1,000,000 per occurrence, $1,000,000 general aggregate and $1,000,000 products/completed operations aggregate.

b) [ x ] Workers compensation - $100,000 each accident, $100,000 disease or policy limit and

$100,000 each employee.

c) [ x ] Automobile liability - $1,000,000 each occurrence combined single limit.

d) [ ] Crime - $500,000 per occurrence or 50% of contract amount, whichever is greater.

Professional Services:

e) [ ] Professional liability (“errors and omissions”) - $2,000,000 per occurrence, $2,000,000 annual aggregate.

f) [ ] Environmental/Pollution Liability when past, present or future hazard is possible -

$1,000,000 per occurrence and $2,000,000 aggregate.

g) [ ] Working with Children, Elderly or Disabled Persons – Physical Abuse and Molestation

Liability Insurance - $1 Million per occurrence.

Information Technology and/or Cyber/Privacy:

h) [ ] Technology Errors and Omissions - Combined single limit per occurrence shall not be less than $5,000,000. Annual aggregate limit shall not be less than $5,000,000.

i) [ ] Information Technology Cyber/Privacy – minimum limits of $5,000,000 per occurrence and

$5,000,000 annual aggregate. If Contract Party provides:

1) [ ] key back office services Contract Party shall have a minimum limit of $10,000,000 per occurrence and $10,000,000 annual aggregate;

2) [ ] if Contract Party has access to Protected Health Information as defined in HIPAA and its implementing regulations, Personal Information as defined in in R.I. Gen. Laws § 11-49.3-1, et seq., or as otherwise defined in the Contract (together Confidential Information”), Contract Party shall have as a minimum the per occurrence, per annual aggregate, the total rounded product of projected number of persons data multiplied by $25 per person breach response expense per occurrence; but no less than $5,000,000 per occurrence, per annual aggregate; or,

3) [ ] if the Contract Party provides or has access to mission critical services, network architecture and/or the totality of confidential data $20,000,000 per occurrence and in the annual aggregate.

https://rules.sos.ri.gov/regulations/part/220-30-00-13 https://www.ridop.ri.gov/documents/general-conditions-addendum-a.pdf

Page:6

Other:

Specify insurance type and minimum coverage required, (e.g. builder’s risk insurance, vessel operation (marine or aircraft):

j) [ ] Other - Specify insurance type and minimum coverage required

Late Bids Vendors must submit proposals in response to this solicitation electronically in Ocean State

Procures™ before the date and time listed on the “Overview” tab. Ocean State Procures™ will accept no submissions after the date/time listed in the “Overview” tab. Proposals must be uploaded to Ocean State Procures™ at https://webprocure.perfect.com/login on this solicitation utilizing the submission system as indicated above.

NOTE: Proposals misdirected to other State locations or those not presented to the Division of

Purchases in Ocean State Procures™ by the scheduled due date and time shall be determined to be late and shall not be accepted. Proposals mailed, hand-delivered, faxed or emailed to the

Division of Purchases shall not be accepted. The official time clock is online in Ocean State

Procures™. Vendors are solely responsible for having proper internet connectivity, browser compatibility, and/or a functioning computer system for use of Ocean State Procures™.

Vendor Registration Status in OSP and Potential Award If your vendor registration in OSP is in a “pending” status and your organization receives notice of tentative selection for a potential contract or purchase order award; you must log into your OSP account and complete your registration to include your W-9 upload and other requirements as defined in the award’s Tentative Letter of Selection. Your registration will then be reviewed by the state’s Supplier Coordinator to transition your registration from “pending” to “approved” status if all qualifications are met. Further instruction for an “approved” account can be found atOSP Quick

Start Guide (ri.gov)

General Requirements

Confidential Documents https://webprocure.perfect.com/Login https://ridop.ri.gov/sites/g/files/xkgbur616/files/documents/vendor-self-registration-quick-start-guide.pdf https://ridop.ri.gov/sites/g/files/xkgbur616/files/documents/vendor-self-registration-quick-start-guide.pdf

Page:7

Vendors may designate part or all of a document(s) as being ”confidential” on the appicable document(s) itself. A confidential designation for these purposes should only be applied to information which is deemed exempt from public disclosure pursuant to R.I. Gen. Laws § 38-2-2 or other applicable federal/State law, and may include but not be limited to the following: proprietary information; trade secrets; vendor financial records/statements; vendor bank account, ACH, and/or routing numbers; personally identifiable information of vendor staff/contractors; and FEIN and/or

Social Security Numbers.

Vendors are advised that upon submission of document(s) marked as “confidential”, the Vendor must also upload a redacted copy of the same document(s) which are suitable for public disclosure. Failure to upload a redacted copy, or submission of documents which are so excessively redacted as to thwart public disclosure requirements, may result in the Vendor’s proposal being deemed non-responsive to the solicitation in accordance with 220-RICR-30-00-

13(C)(6).

OSP Confidential Toggle Indicator Note: The toggle functionality in OSP to designate a document(s) as confidential is temporarily unavailable. If a vendor needs to indicate a document(s) as "confidential", do so within the document(s) itself and upload the file accordingly.

Questions Questions concerning this solicitation must be submitted to the Division of

Purchases’ eProcurement website, Ocean State Procures™, no later than the date and time indicated on the 'Overview' tab of this solicitation. All questions must be submitted in OSP to the 'Q&A Center', accessed via the 'Collaboration' tab of this solicitation. Questions submitted directly to the buyer of record and/or Division of

Purchases shall not be acknowledged. Submit each question individually with no attachments. Attachments shall not be acknowledged. No other contact with State parties is permitted.

Answers to questions received, if any, shall be posted on the solicitation record within Ocean State Procures™, as an addendum to this solicitation. It is the responsibility of all interested parties to monitor Ocean State Procures™ for any procurement related postings such as addenda.

Insurance Requirements

Page:8

In accordance with this solicitation, or as outlined in Section 13.19 of the General Conditions of

Purchase, found at https://rules.sos.ri.gov/regulations/part/220-30-00-13 and General Conditions -

Addendum A found at https://www.ridop.ri.gov/documents/general-conditions-addendum-a.pdf, the following insurance coverage shall be required of the awarded vendor(s) (marked with an "X"):

General Requirements:

a) [ x ] Liability - combined single limit of $1,000,000 per occurrence, $1,000,000 general aggregate and $1,000,000 products/completed operations aggregate.

b) [ x ] Workers compensation - $100,000 each accident, $100,000 disease or policy limit and

$100,000 each employee.

c) [ x ] Automobile liability - $1,000,000 each occurrence combined single limit.

d) [ ] Crime - $500,000 per occurrence or 50% of contract amount, whichever is greater.

Professional Services:

e) [ ] Professional liability (“errors and omissions”) - $2,000,000 per occurrence, $2,000,000 annual aggregate.

f) [ ] Environmental/Pollution Liability when past, present or future hazard is possible -

$1,000,000 per occurrence and $2,000,000 aggregate.

g) [ ] Working with Children, Elderly or Disabled Persons – Physical Abuse and Molestation

Liability Insurance - $1 Million per occurrence.

Information Technology and/or Cyber/Privacy:

h) [ ] Technology Errors and Omissions - Combined single limit per occurrence shall not be less than $5,000,000. Annual aggregate limit shall not be less than $5,000,000.

i) [ ] Information Technology Cyber/Privacy – minimum limits of $5,000,000 per occurrence and

$5,000,000 annual aggregate. If Contract Party provides:

1) [ ] key back office services Contract Party shall have a minimum limit of $10,000,000 per occurrence and $10,000,000 annual aggregate;

2) [ ] if Contract Party has access to Protected Health Information as defined in HIPAA and its implementing regulations, Personal Information as defined in in R.I. Gen. Laws § 11-49.3-1, et seq., or as otherwise defined in the Contract (together Confidential Information”), Contract Party shall have as a minimum the per occurrence, per annual aggregate, the total rounded product of projected number of persons data multiplied by $25 per person breach response expense per occurrence; but no less than $5,000,000 per occurrence, per annual aggregate; or,

3) [ ] if the Contract Party provides or has access to mission critical services, network architecture and/or the totality of confidential data $20,000,000 per occurrence and in the annual aggregate.

https://www.ridop.ri.gov/documents/general-conditions-addendum-a.pdf

Page:9

Other:

Specify insurance type and minimum coverage required, (e.g. builder’s risk insurance, vessel operation (marine or aircraft):

j) [ ] Other - Specify insurance type and minimum coverage required

Late Bids Vendors must submit proposals in response to this solicitation electronically in Ocean State

Procures™ before the date and time listed on the “Overview” tab. Ocean State Procures™ will accept no submissions after the date/time listed in the “Overview” tab. Proposals must be uploaded to Ocean State Procures™ at https://webprocure.perfect.com/login on this solicitation utilizing the submission system as indicated above.

NOTE: Proposals misdirected to other State locations or those not presented to the Division of

Purchases in Ocean State Procures™ by the scheduled due date and time shall be determined to be late and shall not be accepted. Proposals mailed, hand-delivered, faxed or emailed to the

Division of Purchases shall not be accepted. The official time clock is online in Ocean State

Procures™. Vendors are solely responsible for having proper internet connectivity, browser compatibility, and/or a functioning computer system for use of Ocean State Procures™.

Vendor Registration Status in OSP and Potential Award If your vendor registration in OSP is in a “pending” status and your organization receives notice of tentative selection for a potential contract or purchase order award; you must log into your OSP account and complete your registration to include your W-9 upload and other requirements as defined in the award’s Tentative Letter of Selection. Your registration will then be reviewed by the state’s Supplier Coordinator to transition your registration from “pending” to “approved” status if all qualifications are met. Further instruction for an “approved” account can be found atOSP Quick

Start Guide (ri.gov)

Bid Clauses/Requirements

Affirmative Action https://webprocure.perfect.com/Login https://ridop.ri.gov/sites/g/files/xkgbur616/files/documents/vendor-self-registration-quick-start-guide.pdf https://ridop.ri.gov/sites/g/files/xkgbur616/files/documents/vendor-self-registration-quick-start-guide.pdf

Page:10

By submission of proposals in response to this solicitation vendors agree to comply with R. I.

General Laws § 28-5.1-10 which mandates that vendors/subcontractors doing business with the

State of Rhode Island exercise the same commitment to equal opportunity as prevails under

Federal contracts controlled by Federal Executive Orders 11246, 11625 and 11375.

Vendors are required to ensure that they, and any subcontractors awarded a subcontract under this solicitation, undertake or continue programs to ensure that minority group members, women, veterans, and persons with disabilities are afforded equal employment opportunities without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.

Vendors and subcontractors who do more than $10,000 in government business in one year are prohibited from engaging in employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, and are required to submit an “Affirmative Action Policy Statement.”

Vendors with 50 or more employees and $50,000 or more in government contracts must prepare a written “Affirmative Action Plan” prior to issuance of a purchase order/contract.

a. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

b. Vendors further agree, where applicable, to complete the “Contract Compliance Report” as well as the “Certificate of Compliance” and submit both documents, along with their Affirmative Action

Plan or an Affirmative Action Policy Statement, prior to issuance of a purchase order/contract.

Information on Affirmative action and both reports can be found at; Affirmative Action | Rhode

Island Office of Division of Equity Diversity and Inclusion (ri.gov)

For further information, contact the Rhode Island Equal Opportunity Office, at 222-3090 or via e-mail at ODEO.EOO@doa.ri.gov.

Award The State, at its sole discretion, reserves the right to make one or multiple awards for this solicitation and/or to reject any or all bids.

Bid Opening Notice to Bidders: Please be advised that the bid results relative to the within solicitation are preliminary. All bid submissions shall be evaluated by the Division of Purchases and the Agency to determine whether they are responsive to the solicitation and whether the vendor is responsible in accordance with the “State Purchases Act”, R. I. Gen. Laws § 37-2-1, et seq. and the Procurement

Regulations.

Master Price Agreement/Statewide Purchasing Agreement https://dedi.ri.gov/about-office/equal-opportunity-office/affirmative-action-plans https://dedi.ri.gov/about-office/equal-opportunity-office/affirmative-action-plans mailto:ODEO.EOO@doa.ri.gov

Page:11

This solicitation will be used to establish a Master Price Agreement or Master Qualified Service

Provider list and, as such, has Statewide Applicability. Political Subdivisions (municipalities, institutions for higher education, municipal/state schools, quasi-public agencies), as authorized by law, may participate in this Agreement. For any orders with a political subdivision, all ordering and billing shall be between the vendor and the political subdivision.

Master Price Agreements - Contract Administrative Fee

Legislation - In 2017 the General Assembly amended the “State Purchases Act”, R. I. Gen. Laws

§ 37-2-12 (b) to authorize the Chief Purchasing Officer to establish, charge and collect from vendors listed on master price agreements (“MPA”) a contract administrative fee not to exceed one percent (1%) of the total value of the annual spend against their MPA contracts. All contract administrative fees collected from MPA vendors shall be deposited into a restricted receipt account which shall be used for the purposes of implementing and maintaining an online eProcurement system and other costs related to State procurement. In accordance with this legislative initiative the Division of Purchases is upgrading the State procurement system through the purchase and installation of an eProcurement system. The contract administrative fee shall be applicable to all purchase orders issued relative to State MPA contracts. Therefore, effective January 1, 2020 all

MPA contracts shall be assessed the 1% contract administrative fee.

Invoicing – If a vendor is awarded a Purchase Agreement for an MPA Contract, the Vendor is responsible to collaborate with their organization’s accounting team to advise of the State’s process of withholding the MPA 1% Contract Administrative Fee as follows:

1.Vendors shall invoice the State in full at time of services rendered and/or goods delivered.

2.Upon approval, the State will pay the invoice, less the 1% administrative fee amount.

The legislative mandate requires the collected funds to be deposited into a restricted receipt account and the State complies with this by way of the State’s financial system withholding and transfer of those funds to the appropriate account at time of invoice payment.

Quarterly Self-Reporting - Vendors must submit a report to the Division of Purchases on a quarterly basis that delineates all invoiced amounts expended under the applicable MPA within 45 days of the close of each calendar quarter

Minority Business Enterprise Participation Acknowledgment Form for Master Price Agreements

Page:12

In accordance with RI Gen. Law § 37-14.1 et al., Vendors are required to complete and submit the

MBE Participation Acknowledgment Form as part of their proposal submission to join a qualified vendor list Master Price Agreement. Upload the fully executed form as a separate file with your technical proposal in Ocean State Procures™. Any Vendor proposals submitted without a fully executed MBE Participation Acknowledgment Form may constitute a technical omission in accordance with 220-RICR-30-00-13.3(C)(7), or deemed nonresponsive for failure to comply with

R.I. Gen. Laws § 37-14.1 et al. Vendors should note that this requirement is separate and distinct from the requirement to submit an MBE Utilization Plan each time an award is issued off this

Master Price Agreement.

Minority Business Enterprise Participation for Master Price Agreements

In accordance with RI Gen. Law § 37-14.1-1, it is the policy of the State of Rhode Island to support the fullest possible participation of firms owned and controlled by minorities (MBEs) and women

(WBEs). Pursuant to §§ 37-14.1-2 and 37-14.1-6, MBEs and WBEs shall be included in all State purchasing, including, but not limited to, the procurement of goods, services, construction projects, or contracts funded in whole or in part with State funds, or funds which, in accordance with a federal grant or otherwise, the State expends or administers. Vendors should be aware that each time an award is issued off this Master Price Agreement, an MBE Utilization Plan shall be submitted to the Division of Equity, Diversity & Inclusion for review and approval. Please note that

MBE participation credit shall only be granted for firms duly certified as MBEs and WBEs by the

State of Rhode Island, Department of Administration, Division of Equity, Diversity, and Inclusion, MBE Compliance Office (MBECO). The current directory of firms certified as MBEs or WBEs may be accessed at https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe or by contacting Kate Brody at the MBECO at 401-574-

8670 or via email at kate.brody@doa.ri.gov.

Bid Clauses/Requirements

Affirmative Action https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe mailto:kate.brody@doa.ri.gov

Page:13

By submission of proposals in response to this solicitation vendors agree to comply with R. I.

General Laws § 28-5.1-10 which mandates that vendors/subcontractors doing business with the

State of Rhode Island exercise the same commitment to equal opportunity as prevails under

Federal contracts controlled by Federal Executive Orders 11246, 11625 and 11375.

Vendors are required to ensure that they, and any subcontractors awarded a subcontract under this solicitation, undertake or continue programs to ensure that minority group members, women, veterans, and persons with disabilities are afforded equal employment opportunities without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.

Vendors and subcontractors who do more than $10,000 in government business in one year are prohibited from engaging in employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, and are required to submit an “Affirmative Action Policy Statement.”

Vendors with 50 or more employees and $50,000 or more in government contracts must prepare a written “Affirmative Action Plan” prior to issuance of a purchase order/contract.

a. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

b. Vendors further agree, where applicable, to complete the “Contract Compliance Report” as well as the “Certificate of Compliance” and submit both documents, along with their Affirmative Action

Plan or an Affirmative Action Policy Statement, prior to issuance of a purchase order/contract.

Information on Affirmative action and both reports can be found at; Affirmative Action | Rhode

Island Office of Division of Equity Diversity and Inclusion (ri.gov)

For further information, contact the Rhode Island Equal Opportunity Office, at 222-3090 or via e-mail at ODEO.EOO@doa.ri.gov.

Award The State, at its sole discretion, reserves the right to make one or multiple awards for this solicitation and/or to reject any or all bids.

Bid Opening Notice to Bidders: Please be advised that the bid results relative to the within solicitation are preliminary. All bid submissions shall be evaluated by the Division of Purchases and the Agency to determine whether they are responsive to the solicitation and whether the vendor is responsible in accordance with the “State Purchases Act”, R. I. Gen. Laws § 37-2-1, et seq. and the Procurement

Regulations.

Master Price Agreement/Statewide Purchasing Agreement https://dedi.ri.gov/about-office/equal-opportunity-office/affirmative-action-plans mailto:ODEO.EOO@doa.ri.gov

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This solicitation will be used to establish a Master Price Agreement or Master Qualified Service

Provider list and, as such, has Statewide Applicability. Political Subdivisions (municipalities, institutions for higher education, municipal/state schools, quasi-public agencies), as authorized by law, may participate in this Agreement. For any orders with a political subdivision, all ordering and billing shall be between the vendor and the political subdivision.

Master Price Agreements - Contract Administrative Fee

Legislation - In 2017 the General Assembly amended the “State Purchases Act”, R. I. Gen. Laws

§ 37-2-12 (b) to authorize the Chief Purchasing Officer to establish, charge and collect from vendors listed on master price agreements (“MPA”) a contract administrative fee not to exceed one percent (1%) of the total value of the annual spend against their MPA contracts. All contract administrative fees collected from MPA vendors shall be deposited into a restricted receipt account which shall be used for the purposes of implementing and maintaining an online eProcurement system and other costs related to State procurement. In accordance with this legislative initiative the Division of Purchases is upgrading the State procurement system through the purchase and installation of an eProcurement system. The contract administrative fee shall be applicable to all purchase orders issued relative to State MPA contracts. Therefore, effective January 1, 2020 all

MPA contracts shall be assessed the 1% contract administrative fee.

Invoicing – If a vendor is awarded a Purchase Agreement for an MPA Contract, the Vendor is responsible to collaborate with their organization’s accounting team to advise of the State’s process of withholding the MPA 1% Contract Administrative Fee as follows:

1.Vendors shall invoice the State in full at time of services rendered and/or goods delivered.

2.Upon approval, the State will pay the invoice, less the 1% administrative fee amount.

The legislative mandate requires the collected funds to be deposited into a restricted receipt account and the State complies with this by way of the State’s financial system withholding and transfer of those funds to the appropriate account at time of invoice payment.

Quarterly Self-Reporting - Vendors must submit a report to the Division of Purchases on a quarterly basis that delineates all invoiced amounts expended under the applicable MPA within 45 days of the close of each calendar quarter

Minority Business Enterprise Participation Acknowledgment Form for Master Price Agreements

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In accordance with RI Gen. Law § 37-14.1 et al., Vendors are required to complete and submit the

MBE Participation Acknowledgment Form as part of their proposal submission to join a qualified vendor list Master Price Agreement. Upload the fully executed form as a separate file with your technical proposal in Ocean State Procures™. Any Vendor proposals submitted without a fully executed MBE Participation Acknowledgment Form may constitute a technical omission in accordance with 220-RICR-30-00-13.3(C)(7), or deemed nonresponsive for failure to comply with

R.I. Gen. Laws § 37-14.1 et al. Vendors should note that this requirement is separate and distinct from the requirement to submit an MBE Utilization Plan each time an award is issued off this

Master Price Agreement.

Minority Business Enterprise Participation for Master Price Agreements

In accordance with RI Gen. Law § 37-14.1-1, it is the policy of the State of Rhode Island to support the fullest possible participation of firms owned and controlled by minorities (MBEs) and women

(WBEs). Pursuant to §§ 37-14.1-2 and 37-14.1-6, MBEs and WBEs shall be included in all State purchasing, including, but not limited to, the procurement of goods, services, construction projects, or contracts funded in whole or in part with State funds, or funds which, in accordance with a federal grant or otherwise, the State expends or administers. Vendors should be aware that each time an award is issued off this Master Price Agreement, an MBE Utilization Plan shall be submitted to the Division of Equity, Diversity & Inclusion for review and approval. Please note that

MBE participation credit shall only be granted for firms duly certified as MBEs and WBEs by the

State of Rhode Island, Department of Administration, Division of Equity, Diversity, and Inclusion, MBE Compliance Office (MBECO). The current directory of firms certified as MBEs or WBEs may be accessed at https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe or by contacting Kate Brody at the MBECO at 401-574-

8670 or via email at kate.brody@doa.ri.gov.

OE Standard Specifications - Vendor Assessment

SECTION 1. INTRODUCTION & INSTRUCTION AND

NOTIFICATIONS TO VENDORS

https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe https://dedi.ri.gov/divisions-units/minority-business-enterprise-compliance-office/minority-business-enterprise-mbe mailto:kate.brody@doa.ri.gov

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This Open Enrollment (“OE”) solicitation will be used to establish a list of qualified vendors for a

Master Price Agreement ("MPA"). This OE may be awarded to one (1) or more qualified vendors at the sole discretion of the Division of Purchases. There is no guarantee of any level of purchasing activity by the State to any vendors listed on this OE. In other words, inclusion on the qualified vendor(s) list resulting from this solicitation shall not to be construed as a guarantee of a vendor being selected by user agencies, nor a commitment by the Division of Purchases that a vendor will receive business from the State, or its subdivisions. Services are sought on an “as-needed” basis.

Once need has been determined, utilization will be based on a number of factors, including, but not limited to price, expertise, and vendor availability. Selection of a vendor from the approved OE list is at the sole discretion of the user agency.

Through this OE solicitation vendors are permitted to submit a proposal to be considered for inclusion on the list at any time. All vendor proposals shall be evaluated under terms and conditions set forth in this solicitation. Proposals submitted after the initial submission date will be reviewed at the convenience of the State. If a vendor’s proposal is accepted, the vendor shall be placed on the qualified vendors list. If a vendor is further selected for a specific project pursuant to this OE, a purchase agreement will be issued subject to the terms and conditions stated herein.

The Division of Purchases may renew the OE on an annual basis or may cancel it at any time at

Division of Purchase’s convenience.

The Division of Purchases has the authority in its sole discretion to remove a vendor from the OE list if it is non-responsive to agency requests. The Division of Purchases reserves the right to review vendor qualifications on an ongoing basis and remove any vendor from the OE in its sole discretion.

Vendors on the approved OE list can be utilized by any State agency, and as a requirement of this solicitation, may also be utilized by quasi-governmental organizations, Rhode Island municipalities, and the Legislative and Judicial branches of Rhode Island government.

Vendor responses to this OE solicitation shall be evaluated on the basis of the relative merits of the proposal; there will be no public opening and reading of responses received by the Division of

Purchases pursuant to this solicitation other than to announce the names of vendors who have submitted proposals.

Instructions and Notifications to Vendors

1. Potential vendors are advised to review all sections of this solicitation carefully and to follow instructions completely, as failure to make a complete submission as described elsewhere herein may result in rejection of the proposal.

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2. Alternative approaches and/or methodologies to accomplish the desired or intended results of this solicitation are solicited. However, proposals which depart from or materially alter the terms, requirements, or scope of work defined by this solicitation may be rejected as being non-responsive.

3. All costs associated with developing or submitting a proposal in response to this solicitation or for providing oral or written clarification of its content, shall be borne by the vendor. The State assumes no responsibility for these costs even if the solicitation is cancelled or continued.

4. Proposals are considered to be irrevocable for a period of not less than 180 days following the opening date, and may not be withdrawn, except with the express written permission of the State

Purchasing Agent.

5. All pricing submitted will be considered to be firm and fixed unless otherwise indicated in the proposal.

6. It is intended that an award pursuant to this solicitation will be made to a prime vendor, or prime vendors in the various categories, who will assume responsibility for all aspects of the work.

Subcontracts are permitted, provided that their use is clearly indicated in the vendor’s proposal and the subcontractor(s) to be used is identified in the proposal.

7. The purchase of goods and/or services under an award made pursuant to this solicitation will be contingent on the availability of appropriated funds.

8. Vendors are advised that all materials submitted to the Division of Purchases for consideration in response to this solicitation may be considered to be public records as defined in R. I. Gen. Laws

§ 38-2-1, et seq. and may be released for inspection upon request once an award has been made.

Any information submitted in response to this solicitation that a vendor believes are trade secrets or commercial or financial information which is of a privileged or confidential nature should be clearly marked as such. The vendor should provide a brief explanation as to why each portion of information that is marked should be withheld from public disclosure. Vendors are advised that the

Division of Purchases may release records marked confidential by a vendor upon a public records request if the State determines the marked information does not fall within the category of trade secrets or commercial or financial information which is of a privileged or confidential nature.

9. Interested parties are instructed to peruse the Division of Purchases website on a regular basis, as additional information relating to this solicitation may be released in the form of an addendum to this solicitation.

10. By submission of proposals in response to this solicitation vendors agree to comply with R. I.

General Laws § 28-5.1-10 which mandates that vendors/subcontractors doing business with the

State of Rhode Island exercise the same commitment to equal opportunity as prevails under

Federal contracts controlled by Federal Executive Orders 11246, 11625 and 11375.

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Vendors are required to ensure that they, and any subcontractors awarded a subcontract under this solicitation, undertake or continue programs to ensure that minority group members, women, and persons with disabilities are afforded equal employment opportunities without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.

Vendors and subcontractors who do more than $10,000 in government business in one year are prohibited from engaging in employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, and are required to submit an “Affirmative Action Policy Statement.”

Vendors with 50 or more employees and $50,000 or more in government contracts must prepare a written “Affirmative Action Plan” prior to issuance of a purchase order.

a. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

b. Vendors further agree, where applicable, to complete the “Contract Compliance Report” as well as the “Certificate of Compliance” and submit both documents, along with their Affirmative Action

Plan or an Affirmative Action Policy Statement, prior to issuance of a purchase order/contract. For

Affirmitaive Action information and documents, Affirmative Action | Rhode Island Office of Division of Equity Diversity and Inclusion (ri.gov)

For further information, contact the Rhode Island Equal Opportunity Office, at 222-3090 or via e-mail at dedi.ri.gov

11. In accordance with R. I. Gen. Laws § 7-1.2-1401 no foreign corporation has the right to transact business in Rhode Island until it has procured a certificate of authority so to do from the

Secretary of State. This is a requirement only of the successful vendor(s). For further information, contact the Secretary of State at (401-222-3040)

12. In the Vendor Certification Questionnaire, question “Certifications 11.”, bidders shall certify agreement to the State’s contract terms. However, in accordance with Section 220-RICR-30-00-

13.3(C)(3) of the General Conditions, the Vendor may submit in their bid or proposal, “[q]ualified or conditional offers which impose limitations of the Vendor’s liability or modify the requirements of the solicitation, offers for alternate specifications, or offers which are made subject to different terms and conditions, including form contracts, other than those specified by the State.” However, qualified or conditional offers may be, at the sole discretion of the State Purchasing Agent:

1.Rejected as being non-responsive; or, 2.Set aside in favor of the requirements set forth in the solicitation (with the consent of the Vendor);

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3.Accepted, if the State Purchasing Agent determines in writing that such acceptance is in the best interest of the State.

By submitting a conditional or qualified offer, the Vendor bears the risk of their bid or proposal being considered non-responsive; however, prior to finding a vendor non-responsive, the

Department shall give the vendor the opportunity to withdraw their requested, qualified terms. In the event the State receives a conditional or qualified offer, the State reserves the right to conduct a best and final offer process offering the same terms to all vendors and/or reject a qualified/conditional proposal as being non-responsive at any time during the review process. The

Vendor should not assume that any further negotiation will occur upon selection.

In addition to the above, interested parties may submit questions relative to any terms and conditions (including but not limited to insurance requirements, limitation on liability, warranties, ownership, etc.) during the Q-and-A process for evaluation and response by the State during the open solicitation period. Please refer to the stated Q-and-A deadline under the “General Header

Information” section and procedural instructions for question submissions in the “Questions” section at the beginning of this document for additional information.

SECTIONS 2 - 6. STANDARD OE SOLICITATION

SPECIFICATIONS

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SECTION 2. AGENCY SOLICITATION SPECIFICATIONS

See the “Overview” tab of this solicitation for the Agency Solicitations Specifications document which includes the following:

•Section A. Background

•Section B. Scope of Work and Requirements

•Section C. Proposal

•Section D. Evaluation and Selection – Solicitation Specific

•Additional sections may be provided, as necessary

SECTION 3: EVALUATION AND SELECTION - STANDARD

Proposals shall be reviewed by the Division of Purchases on a “Pass/Fail” basis. All criteria must receive a “Pass” determination for a vendor’s potential inclusion on the resulting OE MPA’s qualified vendor list. Any criteria with a “Fail” determination will not be reviewed further and the vendor will be dropped from consideration.

The Division of Purchases reserves the right to select the vendor(s) or firm(s) (“vendor”) that it deems to be most qualified to provide the goods and/or services as specified herein; and, conversely, reserves the right to cancel the solicitation in its entirety in its sole discretion.

Determinations shall be assigned based on the vendor’s clear demonstration of the ability to provide the requested goods and/or services. Vendors may be required to submit additional written information or be asked to make an oral presentation before the Division of Purchases to clarify statements made in the proposal.

A. Vendor Qualifications Assessment Evaluation:

See the “Agency Solicitation Specifications” document provided on the “Overview” tab on this solicitation in Ocean State Procures™ for details.

B. Price Quotes

If/when an agency has a specific project which requires the services of an OE vendor as described in this solicitation, the agency shall issue a scope of work (mini-bid) to the vendor(s) on the qualified OE vendor(s) list for price quotes. Quotes then shall be evaluated by the agency. If there are MBE/WBE/VBE certified vendors on the qualified OE vendors list, a minimum of one (1) of the three (3) quotes shall be from a MBE/WBE/VBE certified vendor(s). Vendors contacted for a quote are required to provide a quote timely.

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If the agency provides a quote template, then vendors shall use the template as provided and formatted. Any time and material rates for services shall be provided in a separate quote and shall be considered by the agency and incorporated into the agreement. Any rates provided represent a maximum rate and nothing herein prevents the agency from comparing rates between vendors and or conducting a subsequent Mini Bid between qualified OE list vendors to get the best price possible for a specific project. The agency may rank and/or give preference to vendors with the lowest rates provided.

NOTE: See “Agency Solicitation Specifications” document, "Section D. Evaluation and

Selection – Solicitation Specific" on the “Overview” tab of this solicitation for further evaluation information.

SECTION 4. PROPOSAL CONTENTS

Proposal responses must be include response to the questionnaires as indicated below on the

“Questionnaire” tab in Ocean State Procures™. Any additional, related supporting documentation may be uploaded to the “Attach Documents” tab. Any proposals submitted incorrectly may be deemed non-responsive.

A. Proposals shall include the following:

•Respond to the required “Questionnaire” tab by completing the Vendor Certification Questionnaire.

•One completed Vendor Qualifications Assessment questionnaire uploaded to the "Attach Document" tab

•One Completed MBE Participation Acknowledgment Form uploaded to the "Attach Document" tab

•Any addition documents as requested.

B. Formatting of proposal response contents should consist of the following:

1.Formatting of Files – File(s) are required for the response. All files submitted must be labeled with:

a. Vendor’s name

b. Solicitation # (Do Not Include the Solicitation name)

c. File Name type

Vendors are responsible for testing their files before submission as the Division of Purchase’s inability to open or read a file may be grounds for rejection of a vendor’s proposal. All files should be readable and submitted with no instructions to download files from any external resource(s). If a file is partial, corrupt or unreadable, the Division of Purchases may consider it “non-responsive”.

Please note that files submitted, shall not be returned.

2. Formatting of written documents:

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1.For clarity, proposal documents shall be type-written. All proposal documents shall be formatted to single-space, with 1” margins on 8.5”x 11” paper setting using a font of 12-point Times New Roman.

2.All pages of the proposal are to be sequentially numbered in the footer, starting with number 1 on the first page of the narrative (this does not include the cover page or table of contents) through to the end, including all forms and attachments. The vendor’s name should appear on every page, including attachments. Each attachment should be referenced appropriately within the proposal section and the attachment title should reference the proposal section it is applicable to.

3.If the solicitation includes a proposal template for vendor use, it shall be typed using the formatting provided in the template.

SECTION 5. PROPOSAL SUBMISSION

Vendors must submit proposals in response to this solicitation electronically in Ocean State

Procures™ before the date and time listed on the “Overview” tab. Ocean State Procures™ will accept no submissions after the date/time listed in the “Overview” tab. Proposals must be uploaded to Ocean State Procures™ at https://webprocure.perfect.com/login as indicated above.

NOTE: Proposals misdirected to other State locations or those not presented to the Division of

Purchases in Ocean State Procures™ by the scheduled due date and time shall be determined to be late and shall not be accepted. Proposals mailed, hand-delivered, faxed or emailed to the

Division of Purchases shall not be accepted. The official time clock is online in Ocean State

Procures™. Vendors are solely responsible for having proper internet connectivity, browser compatibility, and/or a functioning computer system for use of Ocean State Procures™.

SECTION 6: CONCLUDING STATEMENTS

Notwithstanding the above, the Division of Purchases reserves the right to award on the basis of cost alone, to accept or reject any or all proposals, and to award in the State’s best interest.

Proposals found to be technically or substantially non-responsive at any point in the evaluation process will be rejected and not considered further.

If a Vendor is selected for an award, no work is to commence until a purchase order is issued by the Division of Purchases.

The State’s General Conditions of Purchase shall be the contractual terms and conditions between the parties upon issuance of a Purchase Order by the Division of Purchases. The State’s General

Conditions of Purchase can be found at https://rules.sos.ri.gov/regulations/part/220-30-00-13 and addenda can be found at https://ridop.ri.gov/rules-regulations/.)

OE Standard Specifications - Vendor Assessment

SECTION 1. INTRODUCTION & INSTRUCTION AND

NOTIFICATIONS TO VENDORS

https://webprocure.perfect.com/Login https://ridop.ri.gov/rules-regulations/

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This Open Enrollment (“OE”) solicitation will be used to establish a list of qualified vendors for a

Master Price Agreement ("MPA"). This OE may be awarded to one (1) or more qualified vendors at the sole discretion of the Division of Purchases. There is no guarantee of any level of purchasing activity by the State to any vendors listed on this OE.

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