On Call Carpet Cleaning Services IFB (B25002).doc

INVITATION FOR BIDS (IFB) No. B25002, On Call Carpet Cleaning Services

HomeFront (A Public Housing Authority, formerly Housing Authority of Billings)

INVITATION FOR BIDS (IFB)

No. B25002 On-Call Carpet Cleaning Services

Table of Contents [Table No. 1]

INTRODUCTION

HomeFront (hereinafter also “the Agency”) is a public entity that was formed in 1973 to provide federally subsidized housing and housing assistance to low-income families, within the City of Billings, MT. HomeFront is headed by a CEO/Executive Director and is governed by a 7-person board of commissioners and is subject to the requirements of Title 24 of the Code of Federal Regulations (hereinafter, “CFR”) and HomeFront’s procurement policy. Though brought into existence by a referendum of the City of Billings, it is a separate entity from the City.

Currently, HomeFront owns and/or manages: (a) 11 developments totaling 274 units of HUD Public Housing; (b) 719 housing choice vouchers. HomeFront currently has approximately 35 employees.

In keeping with its mandate to provide efficient and effective services, HomeFront is now soliciting bids from qualified, licensed, and insured entities to provide the above noted services to HomeFront. All bids submitted in response to this solicitation must conform to all the requirements and specifications outlined within this document and any designated attachments in its entirety.

IFB INFORMATION AT A GLANCE

[Table No. 2]

AGENCY CONTACT PERSON

(NOTE: Unless otherwise specified, any reference herein to “Contracting Officer” or “(CO)” shall be a reference to Mr. Starr.)

Jessica Moorhead, Director of Operations/Procurement Telephone: (406)237-1940 E-mail: jessicam@homefrontmt.org

TDD/TTY: 711

2. Click on the “Login” button in the upper right side.

3. Follow the listed directions to register.

4. 4. If you have any problems in accessing or registering on the www.bidnetdirect.com//homefront, please call customer support at (800) 835-4603.

2. As instructed within Section 3.0 of the IFB document, submit 1 copy of your “hard copy” bid to the Agency Administrative Office.

2415 1st Avenue North, Billings, MT 59101. The sealed “hard copy” bid documentation must be received in-hand and time-stamped by HomeFront by no later than 12:00 PM MT on this date).

1.0 THE AGENCY’S RESERVATION OF RIGHTS. The Agency reserves the right to:

1.1 Right to Reject, Waive, or Terminate the IFB. Reject any or all bids, to waive any informality in the IFB process, or to terminate the IFB process at any time, if deemed by the Agency to be in its best interests.

1.2 Right to Not Award. Not to award a contract pursuant to this IFB.

1.3 Right to Terminate. Terminate a contract awarded pursuant to this IFB, at any time for its convenience upon 10 days written notice to the successful bidder(s).

1.4 Right to Determine Time and Location. Determine the days, hours, and locations that the successful bidder(s) shall provide the services called for in this IFB.

1.5 Right to Retain Bids. Retain all bids submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving bids without the written consent of the Agency Executive Director (ED).

1.6 Right to Negotiate. Negotiate the fees proposed by the bidder entity.

1.7 Right to Reject any Bid. Reject and not consider any bid that does not meet the requirements of this IFB, including but not necessarily limited to incomplete bids and/or bids offering alternate or non-requested services.

1.8 No Obligation to Compensate. Have no obligation to compensate any bidder for any costs incurred in responding to this IFB.

1.9 Right to Prohibit. At any time during the IFB or contract process to prohibit any further participation by a bidder or reject any bid submitted that does not conform to any of the requirements detailed herein. By accessing the eProcurement Marketplace (hereinafter, a.k.a., “the Marketplace”) and by downloading this document, each prospective bidder is thereby agreeing to abide by all terms and conditions listed within this document and within the eProcurement Marketplace, and further agrees that he/she will inform the CO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the Agency that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve the Agency, but not the prospective bidder, of any responsibility pertaining to such issue.

1.10 Right to Reject – Obtaining Competitive Solicitation Documents. The eProcurement Marketplace is the only official and appropriate venue to obtain the competitive solicitation documents (and any other information pertaining to the competitive solicitation such as addenda). Accordingly, by submitting a response to this competitive solicitation the respondent thereby affirms that he/she obtained all information on the eProcurement Marketplace. Any other group such as a bid depository that informs potential respondents of the availability of such competitive solicitations are hereby instructed to not distribute these documents to any such potential respondents, but to instruct the potential respondents to visit the eProcurement Marketplace to obtain the documents. The Agency will reject without consideration any response submitted from a firm that has not obtained the documents from the eProcurement Marketplace.

2.0 SCOPE OF WORK/TECHNICAL SPECIFICATIONS. HomeFront is seeking bids from qualified, licensed, and insured entities to provide the following detailed services:

2.1 General Description of Services. The purpose of this IFB is to form pools of contractors that the Agency may draw from to contract for all phases of:

2.1.1 Lot #1, Carpet Cleaning Services. Turnover unit carpet cleaning, Annual Downtown office carpet cleaning, Quarterly Pleasantview, St. Johns, Spring Gardens, Phyllis Circle carpet cleanings.

2.1.1.1.1 Contractor will provide the Agency with a date/time when the cleaning is scheduled as well as a quote ahead of scheduling.

2.1.2 Additional Services. Any other carpet cleaning work the Agency may order.

2.1.3 Work Standards. It is the responsibility of each Contractor to ensure that each worker provided by the Contractor shall be fully trained and qualified to provide any assigned work. Accordingly, all work provided shall be guaranteed by the Contractor to be performed in a workmanlike manner and in accordance with all applicable laws, codes, and/or regulations, including, but not limited to: Uniform Building Code (UBC)

2.2 Contractor Responsibilities (in alpha order). The Agency anticipates that it will utilize the awarded contract(s) that ensue from this IFB to potentially supplement the work of the Agency’s in-house staff

2.2.1 Access for Emergency Vehicles. The Contractor shall ensure that any equipment and/or vehicles that he/she places on the work site shall not be placed in such a position to interfere with access by any emergency vehicles or traffic by the public at-large. The Agency reserves the right to approve or reject (and demand the movement) of the placement of any such equipment or vehicles at any time during the performance of the contracted work if, in the opinion of the Agency, the placement of such equipment or vehicles does interfere with such traffic.

2.2.2 Communication. The Agency shall be the primary on-site point of contact for the Contractor pertaining to this work. The Contractor shall be free to converse and communicate with the Agency during or between visits; however, all requests for changes or decisions shall be submitted to the Agency and approved by the Agency after receipt and consideration of written request from the Agency. The Agency anticipates that it will typically make a decision in such matters within 3 workdays of receipt, though such response time-frame may be shorter or longer depending on the situation; accordingly, the Contractor shall be required to submit such written requests in as timely a manner as reasonably possible. When construction commences, all communication must be directed to the designated Agency contact person only.

2.2.3 Debris. The Contractor shall clean work areas daily, at the end of the workday, of all work-generated debris which may endanger the safety of the others (the public; Agency residents; etc.).

2.2.3.1 All work areas must be kept sanitary and clean of any trash. Debris from work must be removed from living areas.

2.2.3.2 The Contractor must examine the work area and determine any unsuitable work condition.

2.2.3.3 Any required removal or replacement of this work caused by unsuitable conditions will be just cause for the Contractor to bear the expense. Notice of unsuitable conditions shall be brought to the Agency’s representative in written form.

2.2.3.4 Unless otherwise approved by the Agency in writing, the use of the Agency dumpsters to dispose of debris is prohibited.

2.2.4 Delivery of Materials. As may be applicable, the Contractor and each Subcontractor shall inspect the site and determine the availability of storage space and trucking facilities to bring material or equipment into the building, or any other factors affecting the work under this Contract.

2.2.4.1 Long lead items should be ordered as soon as possible, after contracts are signed, to expedite shop drawings and delivery of materials to site. Advance planning will be important to assure timely delivery of materials.

2.2.5 Labor Rates All-inclusive. Unless otherwise provided for herein, the unit fees bid shall be all-inclusive all other items, services and costs that the Contractor needs to complete the work, including but not limited to: tools; equipment; insurance; licensing; employee costs, including benefits; etc. Unless otherwise stated, all unit fees bid shall include product and labor.

2.2.6 Mobilization for Firm-fixed Fee Work. The proposed firm-fixed fee costs submitted by a bidder for all Pricing Items shall be automatically burdened with mobilization costs; meaning, the costs proposed by the bidder include the bidder’s costs to transport his staff and equipment to the Agency site to complete the work.

2.2.7 No Interaction with Agency Residents by the Contractor staff. There will be absolutely no interaction between the awarded contractor workers and the Agency residents. Violators will be permanently removed from the site.

2.2.8 No Interference with Traffic. The Contractor shall ensure that he/she, to the greatest extent feasible, minimizes interference with on-site drives, parking areas and walks, adjoining streets, walks, and other adjacent occupied or used facilities during operations or “after hours.” Please note that the Contractor shall not close or obstruct streets, walks, or other adjacent occupied or used facilities without the written permission of the Agency. Further, if such permission is given, the Contractor shall ensure that an alternate route around closed or obstructed traffic ways is provided.

2.2.9 Normal Agency Work Hours. The Agency’s typical work week is Monday-Friday, 8:00 AM to 4:00 PM MT, with a 12:00 PM to 1:00 PM MT lunch break.

2.2.10 “Or Equal” Specifications. Herein, or within the attached specifications, whenever the Agency has listed a specific brand name the words “or equal” shall automatically apply thereto. This term “or equal” means that the apparent successful bidder may propose to provide an alternate product as long as such proposed alternate product, in the opinion of the Agency, meets the minimum specifications. As detailed within Section 9.3.B.3 of HUD Procurement Handbook 7460.8 REV 2, brand names are listed herein for “establishing design and quality standards” for the product identified. If a bidder wishes to provide a different product than the product the Agency has identified, the Agency will be pleased to respond to any specific written request from a bidder with a listing of the “essential characteristics” for any such product (the bidder may also, if he/she wishes, wait to see if the firm is the apparent successful bidder then submit such written request after the bid submittal deadline when the Agency will evaluate such alternate products, if submitted).

2.2.11 Permits. If required, the Contractor shall obtain all required permits pertaining to any assigned work (NOTE: The Agency will reimburse the Contractor for the government-mandated fees pertaining to such permits, but not for additional labor).

2.2.12 Product. Please note that it is the Contractor’s responsibility to provide all product (please see Attachments H and H-1 through H-3, each attached hereto) and labor to complete the work detailed herein. For any product that the Agency has issued or will issue a product sheet for that includes a brand name, pursuant to pertinent HUD procurement regulations, the term “or equal” shall automatically be added thereto. This means that the Contractor may provide an “equal” product of a different brand name as long as the Agency determines that the provided “equal” product is actually “equal to” the specified product. For any product needed to provide these services that the Agency has not provided a specification sheet for, such products must be high quality in nature. “High quality” shall be determined at the sole desecration of the Agency, so the Contractor shall obtain prior written approval for such products.

2.2.10 Required Licensing. The Contractor(s) shall be in possession of any current appropriate licensing that may be required by the County of Yellowstone (and/or, if applicable, any city jurisdiction therein in which work will be performed) and/or the State of Montana.

2.2.11 Retainage. Any retainage that may apply (i.e., construction-related work) for this work shall be in the amount of 10 percent, which shall be applied to each payment until final payment, at which time all retainage held will be paid by the Agency to the Contractor.

2.2.12 Safety. It shall be the responsibility of the Contractor to ensure, at all times during the performance of the work, to the maximum extent feasible, to protect the safety of Agency residents and staff, the Contractor's staff, and subcontractors, and the public. This shall include, but not be limited to, compliance with all OSHA-related Federal and local laws, codes, and regulations.

2.2.13 Security of the Site. It is the responsibility of the awarded contractor to secure the work site, both during the specific work and after work-hours (if the assigned work has not yet been completed), to protect the work site and the public (included Agency residents). This means that, if/as necessary, the contractor may/shall utilize such preventative measures as barricades, warning signs, lights, human security, etc.

2.2.14 Service Locations. Services will typically be provided at the Agency sites detailed within Attachment J, attached hereto, and as further detailed within the following Table No. 4 herein.

2.2.15 Site Assessment. The Contractor and contracted subcontractors are strongly encouraged to examine the project site before submitting a bid.

2.2.15.1 A Pre-bid Conference is scheduled as noted within the preceding Table No. 2 herein. Due to the complexity of the project attendance is strongly encouraged, although not mandatory.

2.2.15.2 Additional site visits after the Pre-bid Conference may be scheduled. The Contractor must contact the Agency Contact Person listed within the preceding Table No. 2 herein to schedule a site visit. Allow a minimum three (3) business days to schedule an appointment. Unscheduled visits are prohibited.

2.2.16 Smoking on the Site. There will be no smoking allowed inside the existing buildings or on the grounds. The Agency properties and grounds are non-smoking areas. This prohibition includes e-cigarettes.

2.2.17 Supervision by the Contractor. At all times during any assigned work, the Contractor shall have on-site an experienced full-time supervisor while the assigned work is in progress.

2.2.18 Tools/Equipment/Materials. The Contractor shall ensure that at all times during the work tools, equipment, and material are handled, placed, and stored in a secure and safe manner so as to protect all parties, including, but not limited to, the Contractor's workers, Agency tenants and staff, and the public at large. The Contractor shall ensure that during non-working hours such items are not left unattended on the job site when such safety may be compromised. If applicable, as the building the Contractor will be working in is occupied by housing tenants, including a number of elderly/disabled or special needs persons, it will be especially important that traffic areas are clear for access and egress.

2.2.19 Unit Keys. When applicable, whereas the Agency may approve the Contractor to complete the work on days or at times other than those identified within the preceding Section 2.2.9 herein, once the Contractor has been assigned a unit to work in the Contractor may be given a door key for the assigned unit. Failure on the part of the Contractor to return the key on the same day as the work is completed will result in a charge of $75.00 by the Agency to the Contactor for the lost or unreturned key. This charge will allow the Agency to re-key the unit. If such occurs, the Agency reserves the right to deduct this charge from the ensuing invoice submitted by the Contractor pertaining to that assigned unit.

2.2.20 Work Standards. It is the responsibility of the Contractor to ensure that each worker provided by the Contractor shall be fully trained and qualified to provide any assigned work. Accordingly, all work provided shall be guaranteed by the Contractor to be performed in a workmanlike manner and in accordance with all applicable laws, codes, and/or regulations, including those issued by, but not limited to, the City of Billings, the County of Yellowstone, and/or the State of Montana, or any applicable Federal Agency.

2.3 Possible Construction-related Work. Though the Agency shall reserve the right to contract with the successful bidder(s) to provide what may eventually be determined to be construction-related work, most specifically for flooring services (hence, the inclusion of a number of HUD forms are attached hereto that relate to construction-related services and additional clauses pertaining to Davis-Bacon), such task order awards for construction-related work will be atypical in that the Agency will typically use the successful bidder(s) for on-call work. Any such work determined to be construction-related will not be major in nature, but typically will be for such things as the rehabilitation of a fire-damaged unit.

2.3.1 Bonds. The purpose of this IFB is to typically award work with a value less than $20,000 per task order (typically, perhaps much less). Therefore, we do not anticipate that payment and performance bonds will be typically necessary. However, in the rare case that such bonds are necessary for a task order, the Agency will negotiate with the Contractor a fair and reasonable cost to reimburse the Contractor for such, which cost will NOT include any profit and overhead for providing such bond(s), if required by the Agency.

2.4 Method of and Procedure to Award (Task Order). The Agency will retain the right to contract with any of the bidders as a result of this IFB, which contracting shall occur in the following manner (this is sometimes called “forming a pool” of contractors that the Agency may draw from):

2.4.1 As detailed within the following Section 3.3 herein (most specifically, Section 3.3.1), if a pool of contractors is formed, each bidder will be ranked by the total calculated bid sum submitted in response to this IFB. Please also see IFB Attachment I, attached hereto.

2.4.2 When the Agency has need of work in each service area, the Agency staff assigned will contact the 1st-ranked Contractor to ascertain as to whether or not that Contractor is available to do the work within the reasonable time-frame the Agency has established for that work (typically, “reasonable” shall be meet at the site within 1 workday and begin work within 1 work day thereafter). If the 1st-ranked Contractor is not available, the Agency will proceed to the next-ranked Contractor, and so forth, until the Agency has located an available Contractor. The Agency will use the form attached as IFB Attachment I, attached hereto, to record this information.

2.4.2.1 “Typical” Definition Pertaining to Emergencies. There may be instances when it is not reasonable to wait for the needed services to be completed, when service is required from a Contractor immediately, meaning a Contractor is needed to drive to the site quickly. In such cases the Agency reserves the right to (and probably will) suspend the one-day required response time defined within the immediate-preceding Section 2.5.2 and will seek a Contractor who within the previously described pool rotation who is immediately available.

2.4.3 Procedure to Award (Task Order). Once an available Contractor has been chosen (as detailed within the preceding Section 2.4.2 herein), the Contractor and the Agency representative will meet at the applicable unit or site, conduct the inspection, and mutually determine the extent of the required work and arrive at an agreed-upon cost, which shall be calculated based upon the unit costs listed within the appropriate appendix of the contract).

2.5 Montana Depart of Revenue 1% Gross Receipts Requirements. As a reminder, as described within the applicable attached forms i.e., Attachments J and J-1, each attached hereto), the ensuing contract awarded is subject to a 1% Montana contractor’s tax provision; accordingly, our Agency will be withholding the required 1% and sending such to the State of Montana, as prescribed within pertinent State Law. Therefore, each bidder must ensure that his/her bid amount proposed reflects and includes this 1% amount. NOTE: The awarded contractor does not complete these forms and send them to the State of Montana, our Agency completes this task; accordingly, these forms have been attached hereto as an information item only so that all contractors are fully aware.

2.6 Previous/Current Contractor(s). The Agency has most recently utilized the services of (listed in alpha order):

2.6.1 CBM Carpet Cleaning of Billings, MT

3.0

BID FORMAT.

3.1 Two-step Bidding Process. All bidders will initially submit the documentation/ information detailed within the following listed Step #1 of Table No. 3. Then, the Agency anticipates that it will notify the apparent low bidder to submit, within 5 days after being notified to do so, the information detailed within the following detailed Step #2 within the same Table.

3.1.1 Tabbed Bid Submittal. As may be further described herein, the Agency intends to retain a Contractor pursuant to a “Low Bid” basis, also taking into consideration responsiveness and responsibility. Therefore, so that the Agency can properly evaluate the offers received, all bids submitted in response to this IFB must be formatted in accordance with the sequence noted within the table below. Each category must be separated by numbered index dividers, which number extends so that each tab can be located without opening the bid and labeled with the corresponding tab reference also noted below. None of the proposed services may conflict with any requirement the Agency has published herein or has issued by addendum.

[Table No. 3]

(1)

IFB Section (2)

Tab No.

(3)

Description

3.1.1.2.2.1

The firm’s resources (i.e., personnel; equipment) to provide the services.

3.1.1.2.2.2

If appropriate, how staff are retained, screened, trained, and monitored.

3.1.1.2.2.3

The proposed quality assurance program.

3.1.1.2.2.4

An explanation and copies of forms that will be used and reports that will be submitted and the method of such reports (i.e., written; fax; Internet; etc.).

3.1.1.2.2.5

A complete description of the products and services the firm provides.

3.1.1.2.5.1

The client’s name;

3.1.1.2.5.2

The client’s contact name;

3.1.1.2.5.3

The client’s telephone number and e-mail address;

3.1.1.2.5.4

A brief narrative description and scope of the service(s) and the dates the services were/are provided.

3.2 Entry of Proposed Fees.

3.2.1 The proposed fees shall be submitted by the bidder and received by the Agency, where provided for on BidNet Direct only. Do not submit, enter or refer to any fees or costs within the initial 3-tab “hard copy” bid submittal detailed within Section 3.0—any bidder that does so may, at the Agency’s discretion, be rejected without further consideration.

3.2.2 Pricing Items. The proposed fees (Pricing Items) shall be submitted by the bidder and received by the Agency where provided within the BidNet Direct only. Do not submit, enter or refer to any fees or costs within the initial 3-tab “hard copy” bid submittal detailed within Section 3.0—any bidder that does so may be rejected without further consideration. Unless otherwise stated, the proposed fees are all-inclusive of all related costs that the successful bidder will incur to provide the noted services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; long distance telephone calls; travel expenses; document copying not specifically otherwise agreed to by the Agency; etc.

[Table No. 4] (1)

IFB Section (2)

Pricing

Item No.

(3)

Unit Size/

Bath (4)

Rate/ Hours (5)

Service Description

3.3 Additional Information Pertaining to the above Pricing Items.

3.3.1 Quantities. All quantities entered by the Agency herein and within the corresponding Pricing Items on the Marketplace are for calculating purposes only. (NOTE: The listed estimated quantities may be for one year or may be for multiple years—we just are not sure.) As may be further detailed herein, the Agency does not guarantee any minimum or maximum amount of work as a result of any award ensuing from this IFB, as the Agency anticipates that the ensuing contract may be a Requirements Contract, in which case the Agency shall retain one contractor only and shall retain the right to order from that contractor (successful bidder), on a task order basis, any amount of services the Agency requires. Please note the immediate following exception to the aforementioned “Requirements Contract” language.

3.3.1.1 Exception to 3.3.1. Though the Agency anticipates that it might make award to one firm only, the Agency retains the right to, at any time during the ensuing contract period(s), complete award to more than one contractor if the Agency determines that such is in its best interests. If such occurs, the ensuing contract(s) awards shall become an Indefinite Quantities Contract (IQC), and the following clause shall apply:

3.3.1.1.1 Guaranteed Contract Minimum Amount and Not-to-exceed Maximum Amount. As may be further detailed herein, most specifically within the immediate-preceding Section 3.3.1.1 herein, if the ensuing contract becomes an Indefinite Quantities Contract (IQC), which, pursuant to HUD regulation, requires the Agency to award to each responsive and responsible contractor a Guaranteed Contract Minimum Amount (GCMA) and a Not-to-exceed Maximum Contract Amount (NMCA) of work, those required minimum and maximum contract levels are: (a) GCMA: $2,000; (b) NMCA: $200,000 (each shall be annual amounts).

3.3.1.1.2 Exceptions Pertaining to the GCMA.

3.3.1.1.2.1 The noted GCMA (but not the entire Contract, only the restrictions pertaining to the set GCMA) will be null and void for any firm that chooses to reject a total of 3 requests from the Agency to be available for work during the contract period.

3.3.1.1.2.2 (PLEASE NOTE: This clause does not pertain to any firm that, as detailed within the immediate-preceding Section 3.3.1.1.2.1 herein, has had the GCMA declared null and void during the current contract period). If, during the final 3 months of the contract period, the Agency has not made a task order award to any Contractor(s) in the pool that would ensure that award(s) to the Contractor reaches the $2,000 GCMA, the Agency shall retain the right to suspend the process detailed within Section 2.5 herein and complete an award directly to any such Contractor, thereby reaching the GCMA (once the GCMA has been met, this exception is no longer available during that contract period and the procedure set within the preceding Section 2.5 herein is again in affect).

3.3.2 Entry of Proposed Fees in BidNet Direct. Bidders must submit, where provided for within BidNet Direct, a cost for each and every Pricing Item detailed within the preceding Table No. 4 herein. BidNet Direct will automatically perform all required calculations.

3.3.2.1 Realistic Cost Proposed for each Pricing Item. Each bidder is strongly encouraged to enter where provided within BidNet direct a realistic cost for each and every Pricing Item, especially the hourly fees required. For example, if the successful bidder enters $1.00 for an hourly Pricing Item (bidders typically do so in an effort to improve their position in regard to the ranking of bidders), then the $1.00 is what the successful bidder will charge the Agency for any work that the Agency may retain the successful bidder to provide related to that Pricing Item if the Agency deems such retention is in the Agency's best interests to do so. Accordingly, it is the Agency's opinion that it is very much in the best interests of the bidder to propose a realistic cost for each and every Pricing Item. If, despite this warning, the successful bidder proposes a fee that the Agency deems is not realistic, then the Agency reserves the right to require the successful bidder to, at contract execution, present a cash bond in a suitable amount (i.e., $5,000.00, which the Agency will hold during the term of the ensuing contract period) to ensure that the successful bidder will fulfill his/her obligation in this matter.

3.3.2.2 Review the Entry of Proposed Fees. After a bidder has entered where provided for within the eProcurement Marketplace his/her proposed unit costs for the Pricing Items, the Marketplace will automatically multiply the proposed unit costs by the listed quantities. The Agency strongly recommends that each bidder, after entry of these proposed fees within the Marketplace, print the receipt provided and review the entry to ensure that the bidder has entered the proposed fees correctly (the Marketplace will allow the bidder to immediately re-enter BidNet Direct at any time prior to the posted deadline to correct any such entry). The bidder will NOT be able to correct this entry after the posted deadline has expired, which means that the Agency will utilize such entry, correct or incorrect, to determine the apparent low bidder.

3.3.2.3 Determination of the Lowest Calculated Costs. After a bidder has entered where provided within the Marketplace his/her proposed unit costs for the Pricing Items, the Marketplace will automatically multiply the proposed unit costs by the listed quantities. The total sum of all Pricing Items will determine the lowest bidder and/or the ranking order for placement within the ensuing pool of contractors that may be formed (as long as such firm(s) are deemed responsive and responsible).

3.3.2.3.1 Agency Option. The Agency has the right to, at its sole discretion, combine Lots for award based upon the total calculated amounts for those combined Lots being a lower cost that such combinations for other bidders.

3.3.2.4 No Negotiation of Proposed Fees after the Submittal Deadline. The Agency WILL NOT, after the submittal deadline, negotiate an increase to any unit costs or fees proposed prior to the submittal deadline; accordingly, bidders are strongly cautioned to submit a realistic price for each Pricing Item identified within the preceding Table No. 4 herein that the bidder chooses to submit a proposed cost for.

3.3.2.5 Placement in the Pool. The Agency reserves the right to not place any bidder within the aforementioned pool that, in the opinion of the Agency, proposes a cost that is deemed by the Agency to be unreasonable. For example (the following named costs are examples only and not to be utilized as a “target” cost to be proposed), if it is the Agency’s opinion that a reasonable fee for the work is $80.00 per hour (sample only, NOT a recommended target!) and a bidder proposes a fee of $150.00 an hour (or $1.00 per hour), then the Agency reserves the right to make a determination that the costs proposed are not reasonable.

3.3.2.6 Supplies/Materials (Pricing Items No. 4 and 11). Each bidder shall enter pricing for these Pricing Item where provided for within the eProcurement Marketplace as a percentage over cost. For instance, if the bidder wishes to provide such items at cost, he/she shall enter "1.00" within the cost area for this item; if the bidder wishes to provide such materials at 30% over cost, he/she shall enter "1.30" within the cost area for this item; and so forth. The eProcurement Marketplace will perform the extended calculations. Please note that this fee bid shall include the cost of picking up the supplies/materials at the source of supply and delivering such to the work site, meaning, all costs shall be F.O.B. the Agency site. Also, the Agency reserves the right to:

3.3.2.6.1 Require the Contractor to garner such needed supplies directly from the Agency; and/or

3.3.2.6.2 Procure directly from a supplier of the Agency's choosing any supplies/materials that the Contractor may require to provide the services.

3.3.2.6.3 In any case, the Agency anticipates (and shall require) that the Contractor will procure such supplies/materials from supplies at a fair and reasonable "market rate" cost. The Agency reserves the right to not reimburse the Contractor for any portion of any such costs that are deemed by the Agency to be unfair and unreasonable ("deemed," meaning in the opinion of the Agency based on a comparison of such costs with costs for similar items that may have been or could have been procured as detailed within the immediate-preceding Section 3.3.2.6.2).

3.3.2.6.4 Please note that the information within the following Section 3.3.3 herein does not apply to the supply rates identified within this Section 3.3.2.6; meaning, the “percentage of cost rate” proposed will remain set throughout the ensuing contract periods.

3.3.2.7 Trip Charge (Optional Pricing Items 5 and 12). The Contractor will not be typically paid for “windshield time” (i.e., travel time to get to the Agency work site and then return to the Contractor’s home site); however, a quoter may choose to charge a trip charge to cover such “windshield time.”

3.3.2.7.1 No Charge. Pertaining to this Pricing Item, if a quoter chooses to enter a "No Charge" for such a trip charge, such means that, if awarded the contract, the quoter WILL NOT ever, during the term of the contract, receive payment for this service, though the quoter will provide such service at the request of the Agency at any time and at any quantity during the contract period as may be ordered by the Agency.

3.3.2.7.2 Trip Charge for an Estimate. In any case, a Trip Charge to give an estimate will only be paid by the Agency if the Agency does not retain the Contractor to do the work (which means that if the Agency retains the Contractor to do the work listed within the estimate, the potential of the Trip Charge becomes moot).

3.3.2.7.3 Round Trip. The trip charge, if implemented, shall be round-trip allowing the Contractor to get his/her crew to and from the Agency site that the work is to be performed at.

3.3.2.8 Entry of Fees into Lots. A bidder may propose services as follows:

3.3.2.8.1 A bidder may propose costs (and services) for just Lot #1; or just Lot #2; or may propose costs for both Lot #1 and Lot #2; however,

3.3.2.8.2 If a bidder wishes to propose a cost for any Pricing Item within each Lot, he/she must propose a cost—and services—for all Pricing Items within such Lot; meaning, a bidder shall not be allowed to “pick and choose” which services listed within each Lot that the bidder may wish to respond to with a proposed cost. Except as may otherwise be detailed herein (i.e., the forming of a Pool”), the Agency reserves the right to make awards to separate firms for each Lot.

3.3.2.8.3 After a bidder has entered where provided within BidNet Direct his/her proposed unit costs for the Pricing Items in each Lot, the Marketplace will automatically multiply the proposed unit costs by the listed quantities.

3.3.2.9 Assumption. Pertaining to the Pricing Items, it shall be the Agency’s assumption that, pertaining to the services listed, each bidder has, within the preceding Table No. 4 herein:

3.3.2.9.1 Based his/her proposed pricing for Pricing Item No. 5 upon the proposed rates submitted by the bidder for Pricing Items No. 1-4; and,

3.3.2.9.2 Based his/her proposed pricing for Pricing Items No. 8-10 and 12, upon the proposed rates submitted by the bidder for Pricing Items No. 6-7 and 11; and,

3.3.2.9.3 By submitting a bid in response to this IFB, the bidder (including the successful bidder) automatically agrees that such is accurate. Accordingly, the Agency may use such assumption, if necessary, to do any lump-sum bid breakdown calculation that may be needed during the ensuing contract period(s).

3.3.3 Potential Escalation of Rates. Pertaining to the ensuing contract, the successful bidder may receive an escalation in costs as detailed following:

3.3.3.1 Labor Costs. At the discretion of the Agency, at the end of the first one-year contract period (and at the end of any ensuing extended contract period), there may be an escalation of costs allowed in the same amount of any escalation that occurs pertaining to the corresponding or most similar State of Montana Prevailing Wage Rates for the Billings area ("most similar," as determined by and at the sole discretion of the Agency). For example, if, at the end of the first contract period the listed prevailing wage rates increase 5% as compared with the listed rates on the date of contract execution, then the Contractor will, at the CO’s discretion, be entitled to a 5% increase in the labor rates that he/she submitted in response to this IFB. Similarly, for ensuing years, the end-date of the previous contract period shall be the base-line date to determine the previous listed wage rate.

3.3.3.1.1 Notification must be received from the Contractor. The Contractor must notify the ED, in writing, of such desired escalation at least 60 days prior to the end of the noted contract period(s). Such escalations may occur no more than once in any 12-month period without the express written consent of the ED.

3.3.3.1.2 Right to Reject. As stated within this Section 3.3.3, the Agency reserves the right to reject any such request for an increase in fees if the Agency feels doing so is in its best interests. Similarly, the Contractor has the right to terminate services if the Agency rejects the request for an increase. This will occur in the following manner (procedure):

3.3.3.1.2.1 Step No. 1. The Contractor submits his/her written request for an increase, accompanied by the required documentation, to the Agency ED within the required 60-day period (please see the preceding Section 3.3.3.1 herein);

3.3.3.1.2.2 Step No. 2. The Agency considers the requested increase and, within 10 days of receipt of such, issues a written response to the Contractor as to whether the request is approved or rejected;

3.3.3.1.2.3 Step No. 3. If rejected and the Contractor wishes to, as a result, cease providing the services to the Agency, the Contractor has 10 days from the receipt of the written notice of rejection to deliver to the Agency ED a written notice that he/she is hereby invoking his/her right to discontinue the services within 120 days of the date this notice was delivered to the Agency (the specific date 120-days hence shall be written within the notice);

3.3.3.1.2.4 Step No. 4. The Agency will then endeavor to ensure that it makes other arrangements to replace the Contractor (i.e., contract with another firm; do the services in-house; etc.); further, if such other arrangements are completed by the Agency prior to the aforementioned 120-day date, the Agency shall retain the right to deliver to the original Contractor a 10-day written notice to cease services (meaning, the 120-day period is a maximum additional contract period that the Agency may, at its discretion, shorten with such written notice).

3.3.4 Pertinent Wage Rates.

3.3.4.1 HUD Maintenance Wage Rates Determination (MWRD). Please see Attachment G-10, attached hereto. HUD has determined that, for non-construction maintenance work (work not covered by Davis-Bacon requirements, which is construction-related only), the Agency must ensure that Contractors do not pay its employees that perform such work for the Agency at a rate less than the rates listed on the HUD MWRD.

3.3.4.1.1 Therefore, by submitting a bid, each bidder is thereby agreeing to and verifying that he/she will not pay his/her employees at rates less than detailed within Attachment G-10, attached hereto. Please note that, as detailed within Section 10.10 of HUD Procurement Handbook 7460.8 REV 2 (most specifically within Section 10.10.E therein), the Contractor may not be required to submit certified payrolls; however, the Contractor must make its payroll records available to either the Agency or HUD on request, and failure on the part of the Contractor to comply with this requirement will be the sole responsibility of the Contractor, including any ensuing penalties, court costs, or wages due to employees as a result of the Contractor’s failure to comply.

3.3.4.1.2 To be clear, unless the Agency declares a job to be construction-related (see the immediate-following Section 3.3.4.2 herein), which will be atypical, the Contractor shall assume that all remaining work assigned by the Agency will be maintenance-related; accordingly, the MWRD will typically apply to the work ensuing from this IFB.

3.3.4.2 Davis-Bacon Prevailing Wage Rates. As may apply by statute, regulation or law, if, at any time during the ensuing contract period(s), the Agency needs the successful bidder to provide services that require the successful bidder to pay Davis-Bacon for a specific task order pertaining to the ensuing contract, then to compensate the successful bidder for any amount that the applicable Davis-Bacon rates are greater than the portion of the applicable hourly fees listed within the Pricing Items identified within the preceding Table No. 4 herein that the Contractor actually pays to each such person performing the work, as verified by payroll records (or any similar hourly fee that is increased as a result of Section 3.3.3 herein), the Agency shall:

3.3.4.2.1 Ascertain the applicable portion of the hourly wage rate(s) that is actually paid to the Contractor’s employee; then

3.3.4.2.2 Ascertain the current applicable Davis-Bacon or State Prevailing Wage Rate(s) that applies; then

3.3.4.2.3 Ascertain the difference between the two rates, which amount the Agency will pay to the successful bidder for that task order only to compensate the Contractor for the difference in pay between the rate the Contractor normally pays the employee and the rate the Contractor is required to pay the employee as the result of the Davis-Bacon law.

3.3.5 Overtime. Pursuant to the Contract Work Hours and Safety Standards Act, overtime shall be not less than time and one half for hours worked in excess of 40 hours per week. The Agency shall consider regular time to be Monday-Friday (excluding holidays), 8:00 am – 5:00 pm.