RFP 3518 - NevadaEPro Submission Final.docx

State of Nevada

Brian Sandoval

Department of Administration

Governor

Purchasing Division

Patrick Cates

Director

515 E. Musser Street, Suite 300 Carson City, NV 89701

Jeffrey Haag

Administrator

State of Nevada

Purchasing Division

Request for Proposal: 3518

For

ANACONDA COPPER MINE SITE

ENVIRONMENTAL CLEANUP

Release Date: February 7, 2018

Deadline for Submission and Opening Date and Time: March 7, 2018 @ 2:00 PM

Refer to Section 7, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Nancy Feser, Purchasing Officer

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Phone: 775-684-0175

Email address: nfeser@admin.nv.gov

Refer to Section 8 for instructions on submitting proposals

VENDOR INFORMATION SHEET FOR RFP 3518

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V6 shall be used for development of the contract;

B) Type or print responses; and

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

including address if different than above

Name:

Title:

Address:

Email Address:

TABLE OF CONTENTS

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, which can be found on the Purchasing Division’s website at: http://purchasing.nv.gov.

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

PROJECT OVERVIEW

The State of Nevada Purchasing Division is seeking proposals from qualified vendors on behalf of Department of Conservation and Natural Resources, Division of Environmental Protection,(NDEP), Bureau of Corrective Actions, (BCA), Abandoned Mine Lands Branch (AML) is requesting Contractor proposals to provide professional services to the NDEP for regulatory oversight support of remedial investigations, risk assessments, feasibility studies, remedial designs, and remedial actions at the Anaconda Copper Mine Site (ACM or The Site) in Lyon County, Nevada. NDEP is using State authority under Nevada Water Pollution Control Law, mining laws, and hazardous waste laws, NRS 445A, NRS 519 and NRS 459, to perform regulatory oversight in a manner that is consistent with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (40 CFR 300). Because of the detailed and broad nature of services required under this contract, a project-specific Scope of Work may not be provided.

Required services are on an “as needed” basis as funding allows. Particulars of required services shall be at the discretion of the NDEP and are dependent upon stakeholder commitments, agreements entered into, as well as the amount of site assessment and corrective action activities required at The Site. The resultant contract will be for an initial two-year period beginning in early 2018 with an option to renew the contract for an additional two-year period if deemed to be in the best interest of the State. Contracted tasks and expenditures will be negotiated on an individual scope of work basis, with a total not to exceed contract amount of $250,000 per year for the initial two-year contract period.

NDEP regulatory oversight requires the engineering, scientific, technical support and advisory assistance services of several specialists including mining engineers, environmental and civil engineers, geotechnical engineers, hydrogeologists, chemists and geochemists, statisticians, toxicologists and risk assessors.

1.1 BACKGROUND

The Anaconda Mining Company (AMC), predecessor of the Atlantic Richfield Company (ARC), began mining activities at The Site in the early 1950s. From 1953 to 1965 operations at the facility consisted of mining the Yerington Pit for copper oxide ore. The resulting copper precipitate was sent off site and tailings were placed in a number of on-site tailing ponds. Other process solutions were evaporated in on-site evaporation ponds. Miscellaneous mining and processing occurred on site from 1978 to 1989, at which time Arimetco began its copper recovery operations. Arimetco built five lined leach pads where acids and other solutions were used to extract copper from the copper oxide ore, followed by electro plating. Contamination is present within tailings, heap leach pads and ponds, evaporation ponds, the pit lake, groundwater, and soil on public and private lands within the generally defined site boundary.

Entities involved in the remedial investigations, risk assessments, feasibility studies, remedial designs, and remedial actions will continue to include the NDEP, the Environmental Protection Agency (EPA), Bureau of Land Management (BLM), and ARC. Under a deferral scenario NDEP will be the lead regulatory agency overseeing assessment, remediation, and reclamation work on private and public land. The EPA will be monitoring site activities for CERCLA protectiveness and compliance. The BLM will be involved in activities on public land and potential property valuation and land transfer for certain federally owned parcels within and around The Site. ARC is the private entity taking responsibility for cleanup work with respect to The Site. Upon successful remediation and reduction of hazards, The Site will be monitored with additional remedial actions implemented as required by NDEP.

GOALS AND OBJECTIVES

The objective of this project is to perform regulatory oversight of remedial investigations, risk assessments, feasibility studies, remedial designs, and remedial actions at The Site in accordance with State Water Pollution Control Law, State Mining Law, Hazardous Waste Law, and an existing reimbursement agreement. NDEP is requesting technical assistance that will support efforts assuring assessments and investigations are conducted in a manner consistent with CERCLA, and 40 CFR 300, while remediation of contaminated soils, sediments, and groundwater at The Site are CERCLA-protective.

SCOPE OF WORK

GENERAL

The Scope of Work includes general technical professional services and support to assist NDEP in performing regulatory oversight of remedial investigations, risk assessments, feasibility studies, remedial designs, and remedial actions at The Site, as described in detail below.

Services will be on an “as needed” basis, at the discretion of the NDEP. In general, however, the following capabilities are anticipated to be required under the contract:

Toxicology;

Risk Assessment;

Chemistry and geochemistry;

Statistical analysis;

Hydrogeology and groundwater modeling;

Geotechnical engineering;

Environmental engineering;

Civil engineering;

Familiarity with Nevada mining and water pollution laws, and closure regulations and guidance, Nevada water rights, NCP, CERCLA regulations and processes;

Setup and maintenance of Site data uploading, storage and sharing site; and

Subcontractors may be retained to conduct portions of the work outputs. Subcontractors must act in accordance with State regulations and the Contract.

1.2 TASKS

1.2.1 Field Oversight

1.2.1.1 Conduct field oversight and evaluation of site remedial investigations, risk assessments, feasibility studies, remedial designs, and remedial actions conducted by the private sector entity with the objective of determining conformity and consistency with NDEP project objectives and technical requirements, NDEP approved project documents, applicable NDEP and CERCLA guidance, and relevant peer reviewed scientific and technical literature in accordance with NDEP direction. A secondary objective is to provide NDEP with suggestions and supporting rationale for proposed changes or corrections to work conducted by the private sector entity.

1.2.2 Document Review and Comment

1.2.2.1 Perform review of technical documents with the objective of determining conformity and consistency with NDEP project objectives and technical requirements, NDEP approved project documents, applicable NDEP and CERCLA guidance, and relevant peer reviewed scientific and technical literature in accordance with NDEP direction. A secondary objective is to provide NDEP with suggestions and supporting rationale for proposed changes or corrections to documents and technical reports produced by the private sector entity. A third objective is to provide NDEP with independent analyses of proposed costs and invoices submitted by the private sector entity for certain portions of the mine closure.

1.2.3 Technical Support and Negotiation Assistance

1.2.3.1 Provide NDEP technical assistance in developing technical guidance and negotiating technical requirements.

2. Public outreach support

1.2.4.1 Provide NDEP with professional services to assist in performing outreach to the general public and other involved governmental agencies.

ACTIVITIES

Document review to become knowledgeable of site history, including:

OU-8 FS, Proposed Plan and ROD;

All ACM RI reports, HHRA reports, FS reports;

Preliminary Geotechnical Engineering Studies;

Framework Agreement, and Statements of Work;

Site Related Chemicals (SRC) and Chemicals of Potential Concern (COPC) List; and

Sampling and Analysis Plans.

Consultation protocol with YPT and WRPT.

Technical oversight of field and laboratory work, and groundwater modeling conducted by the private sector entity/responsible party, including:

Site reconnaissance.

Soil borings and test pits, including:

Lithologic and hydrostratigraphic characterization;

Geotechnical evaluation; and

Soil analysis for physical parameters affecting chemical fate and transport.

Surface and downhole geophysics.

Soil, air quality, surface water and groundwater sampling, and laboratory analysis of the broad suite of chemicals associated with The Site. This includes split sampling and analysis.

Waste characterization and management, including split sampling and analysis.

Pilot studies, including tailings waste handling and stabilization.

Review of construction drawings, requests for information, and design change notices.

Review and independent analysis of groundwater modeling simulations and output, and as needed comparison of groundwater modeling data to independently run groundwater models.

Remediation and field construction oversight, including:

Tailings, overburden, and contaminated soil handling.

Waste repository design, waste placement, and cover construction and maintenance.

Construction of erosion control and run/on run/off controls.

Heap Leach Pad design, re-grading, cover installation and maintenance, and HLP pond closure and fluid management.

Field construction Quality Assurance/Quality Control.

Document Review and Comment. This includes review of the following technical documents and preparation of written comments with supporting justification:

Sampling and analysis plans.

Waste characterization and disposal plans.

Conceptual site models.

Human health risk assessment work plans and reports, including:

Data usability including data evaluation, data review, data quality indicators, and data analysis.

Evaluation of co-mingled contaminant effects.

Constituents of potential concern selection.

Environmental statistical analysis.

Background chemical evaluation:

Statistical background evaluation.

Geochemical evaluation.

Uncertainty analysis.

Analytical data validation report evaluation and review.

Geotechnical engineering design investigations and reports.

Remedial Investigation reports, human health and ecological risk reports, remedial action objectives and feasibility studies.

Soil and groundwater remedial alternative studies.

Bench and pilot scale testing work plans and reports.

Work plans and reports for analytical and numerical modeling of contaminant fate and transport in soil and groundwater.

Proposed Plans, RODs and other related documents.

Technical Memos, Data Summary Reports, Data Evaluation Reports, Quarterly water quality monitoring reports.

Remedial design reports, Interim action reports, remedial action work plans and reports.

Waste repository design basis and engineering designs and evaluation, including check of engineering calculations to assess conformance of design activities with applicable regulations, codes, and standard engineering practices and to establish remedy design criteria and develop remedy performance monitoring plans and maintenance plans and manuals.

Project schedule (e.g. Gantt chart) review and critical path evaluation.

TECHNICAL SUPPORT

Provide technical support and assistance to NDEP in performing regulatory oversight and outreach, as follows:

Project management, planning, scheduling and support, including:

Participation in semi-annual and annual Contractor performance review meetings as requested by NDEP.

Document review and schedule tracking.

Independent review and analysis of costs billed or assigned to NDEP as part of a state cost share.

Subcontractor scheduling and oversight.

Attendance at technical negotiations.

Selection and reservation of meeting space.

Development of site technical guidance documents.

Arrange and conduct site tours and meetings.

Preparation and revision of meeting minutes.

Administrative record development and support, including:

Development and maintenance of site-wide data and reports collection, uploading, organizing, and sharing of all relevant and pertinent data and information associated with The Site, via a SharePoint site or similar mechanism.

Provide assistance in compiling documents comprising the Administrative Record file.

Prepare and assemble Administrative Record and index.

Public Outreach Support to include:

Public meeting/hearing support;

Website development;

Fact sheet preparation;

Arrange and conduct site tours and meetings;

Prepare for and conduct interviews in The Site community;

Proposed remedy plan support and preparation;

Response to comments support;

Prepare presentation materials and graphics;

Public notices; and

Site mailing list.

DELIVERABLES

All written deliverables must be in native Microsoft Office (.doc or .docx format) or Adobe Acrobat format as specified by the Division, or other software-specific related to data generation or analyses. Contractor must provide the following based on the agreed upon project plan/schedule and conform to the project requirements.

Daily field reports in electronic Adobe acrobat format.

Technical comment memos in native Microsoft Office format.

Draft and update NDEP Site technical guidance documents in native Microsoft Office format and Adobe Acrobat format.

Monthly Progress Reports and Invoices are required to follow established cost accounting and invoicing practices developed by the NDEP Office of Personnel and Fiscal Management. Billings for work reimbursable under an approved project-specific Scope of Work, shall be submitted in a timely manner with complete supporting documentation attached. The NDEP will provide brief invoice training at the beginning of the project to demonstrate appropriate billing formats, retentions, and timeframes. Where changes in billing procedures arise, such as changes to the statewide per diem and travel rates, the consultants and their accounting personnel will be notified. Monthly Progress Reports and Invoices must include:

Excel Spreadsheet of active Task Orders and remaining budget.

List of submittals completed under each Task Order; and

Required supporting documentation to validate the invoice.

Documented meeting minutes.

When submitting documents that contain recommendations, the Contractor shall complete the following at NDEP’s direction:

Explain or rank alternatives;

Describe procedures used to arrive at recommendations;

Summarize the substance of deliberations;

Report any dissenting views;

List sources relied upon; and

Detail methods and considerations upon which the recommendations are based.

CONFLICT OF INTEREST

Firms submitting proposals shall not have an actual or potential organizational conflict of interest with the private sector entity/responsible party. Proposals that have an organizational conflict, as determined by the NDEP, will not be considered.

HEALTH AND SAFETY PLANS

While NDEP will not review Health and Safety Plans, the Contractor will be responsible and should demonstrate its capabilities for assuring the health and safety of its personnel and subcontractors in accordance with applicable laws and regulations while performing work under this contract.

OTHER CONTRACTOR RESPONSIBILITIES

The NDEP will make all final regulatory, policy, and interpretative decisions resulting from contractor-provided advice and determinations provided under the Contract, as well as all final decisions regarding compliance determinations or the existence or violations of an order, law, regulation, etc. When conducting presentations the Contractor shall not interpret any NDEP policy or regulations and any questions about NDEP policy and regulations shall be referred to the NDEP.

The Contractor shall be responsible for timeliness and quality of all subcontractor reports, documents, submittals and records.

A schedule for outputs and budget ceiling for each individual task shall be negotiated by the NDEP and Contractor prior to commencement of project work. All work products shall be public information, unless otherwise determined to be confidential by the NDEP and Attorney General office in accordance with State law. All work products will become the property of the NDEP. The Contractor shall not publish or otherwise release, use, or disclose any work product generated under the Contract without obtaining the NDEP’s express written approval.

The proposal should include an organizational structure for management of the contract and a description of key personnel availability and relevant experience.

COMPANY BACKGROUND AND REFERENCES

VENDOR INFORMATION

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

Company name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

Date of incorporation:

# of years in business:

List of top officers:

Location of company headquarters, to include City and State:

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

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

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

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

A Nevada-based business may apply for a five percent (5%) preference on its proposal. This preference may apply if a business has its principal place of business within Nevada. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its proposal showing that it qualifies for the preference.

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

The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

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

Yes

No

If “No”, provide explanation.

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

Yes

No

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

Name of State agency:

State agency contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

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

Yes

No

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

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

Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Does any of the above apply to your company?

Yes

No

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

Date of alleged contract failure or breach:

Parties involved:

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

Amount in controversy:

Resolution or current status of the dispute:

Status of the litigation:

Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFP 3518.

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

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

Financial information and documentation to be included in accordance with Section 8.3, Part III – Confidential Financial Information.

Dun and Bradstreet Number

Federal Tax Identification Number

Profit and Loss Statement Balance Statement

SUBCONTRACTOR INFORMATION

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

Does this proposal include the use of subcontractors?

Yes

No

If “Yes”, vendor shall:

Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor shall perform services.

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

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

Describe your previous experience with subcontractor(s).

Provide the same information for any proposed subcontractors as requested in Section 3.1, Vendor Information.

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

Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 3.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

BUSINESS REFERENCES

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

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

It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 7, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

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

VENDOR STAFF RESUMES

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

COST

Vendors must provide detailed fixed prices for all costs associated with the responsibilities and related services. Clearly specify the nature of all expenses anticipated (refer to Attachment G, Cost Schedule).

FINANCIAL

PAYMENT

Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.

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

BILLING

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

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

The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card. Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept this method of payment.

TIMELINESS OF BILLING

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

WRITTEN QUESTIONS AND ANSWERS

The Purchasing Division shall accept questions and/or comments in writing regarding this RFP as noted below:

QUESTIONS AND ANSWERS

All questions regarding this RFP should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro:

Click the Bids tab in the header, Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section 7, RFP Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Technical Proposal Confidential Technical (if applicable) Cost Proposal (if applicable) Confidential Financial (if applicable)

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

If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 8.3, Part IB – Confidential Technical Proposal and Section 8.5, Part III Confidential Financial Information.

Specific references made to the section, page, and paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 8.6, Confidentiality of Proposals.

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

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

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

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

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

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

Any vendor who believes there are irregularities or lack of clarity in the RFP or proposal requirements or specifications are unnecessarily restrictive or limit competition shall notify the Purchasing Division, in writing, as soon as possible, so that corrective addenda may be furnished by the Purchasing Division in a timely manner to all vendors.

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

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

PART IA – TECHNICAL PROPOSAL

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

Using Create Quote in NevadaEPro, vendors shall provide one (1) PDF Technical Proposal on the Attachments tab that includes the following:

Section I – Title Page with the following information:

Part IA – Technical Proposal

Vendor Name:

Address:

Section II – Table of Contents

An accurate and updated table of contents shall be provided.

Section III – Vendor Information Sheet

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

Section IV – State Documents

The State documents section shall include the following:

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

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

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

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

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

Copies of applicable certifications and/or licenses.

Section V – Scope of Work

Vendors shall place their written response(s) to Section 2, Scope of Work in bold/italics immediately following the applicable RFP question, statement and/or section.

Section VI– Company Background and References

Vendors shall place their written response(s) to Section 3, Company Background and References in bold/italics immediately following the applicable RFP question, statement and/or section. This section shall also include the requested information in Section 3.2, Subcontractor Information, if applicable.

Section VII – Proposed Staff Resume(s)

Vendors shall include all proposed staff resumes per Section 3.4, Vendor Staff Resumes in this section.

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

Section VIII – Other Informational Material

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

PART IB – CONFIDENTIAL TECHNICAL PROPOSAL

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

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

Section I – Title Page with the following information:

Part IB – Confidential Technical Proposal

Vendor Name:

Address:

Section II – Confidential Technical

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

PART II – COST PROPOSAL

Vendors shall submit pricing information on the Items tab of their Quote in NevadaEPro.

Vendors shall provide additional pricing information as detailed in Section 8.4.4 if appropriate or required in accordance with Section 4, Cost.

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

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

Section I – Title Page with the following information:

Part II – Cost Proposal

Vendor Name:

Address:

Section II – Cost Proposal

Vendor’s shall place the information required per Section 4, Cost in this section.

PART III – CONFIDENTIAL FINANCIAL INFORMATION

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

Section I – Title Page with the following information:

Part III – Confidential Financial Information

Vendor Name:

Address:

Section II – Financial Information and Documentation

Vendors shall place the information required per Section 3.1.10 in this section.

CONFIDENTIALITY OF PROPOSALS

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

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

Vendors acknowledge that material not marked as “confidential” shall become public record and shall be posted to the Purchasing website upon contract award.

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

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

PROPOSAL PACKAGING

Vendors shall submit their proposals through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Proposals shall be received via https://NevadaEPro.com no later than the date and time specified on the General tab of the Bid Solicitation in NevadaEPro. Proposals that are not submitted by bid opening time and date shall not be accepted. Vendors may submit their proposal any time prior to the deadline stated in NevadaEPro. In the event that dates and times specified in this document and dates times specified in NevadaEPro conflict, the dates and time in NevadaEPro shall take precedence.

Proposals submitted as physical copies, email, or any submission method other than via NevadaEPro shall not be considered.

PROPOSAL EVALUATION AND AWARD PROCESS

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

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

Demonstrated Experience

Expertise and availability of key personnel

Experience in performance of comparable engagements

Conformance with the terms of this RFP

Cost

Cost proposals will be evaluated based on the following formula:

Lowest Cost Submitted by a Vendor = Price Factor Proposers Total Cost Price Factor X points = Cost Criteria Score

Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in Section 3.1, Vendor Information, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the total score.

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

Proposals shall be kept confidential until a contract is awarded.

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

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

Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any proposal. The State reserves the right to reject any proposal based upon the vendor’s prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Refer generally to NRS 333.335.

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

A Letter of Intent (LOI) shall be issued in accordance with NAC 333.170 notifying vendors of the State’s intent to award a contract to a vendor, pending successful negotiations. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. All information remains confidential until the issuance of the formal Notice of Award (NOA). If contract negotiations cannot be concluded successfully, the State upon written notice to all vendors may negotiate a contract with the next highest scoring vendor or withdraw the RFP.

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

Any contract resulting from this RFP shall not be effective unless and until approved by the Nevada State Board of Examiners (NRS 333.700).

TERMS AND CONDITIONS

PROCUREMENT AND PROPOSAL TERMS AND CONDITIONS

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

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

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

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

For ease of responding to the RFP, vendors are encouraged to download the RFP from the Purchasing Division’s website at http://purchasing.nv.gov.

The State reserves the right to reject any or all proposals received prior to contract award (NRS 333.350).

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

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

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

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

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

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

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

Proposals submitted per proposal submission requirements become the property of the State, selection or rejection does not affect this right; proposals shall be returned only at the State’s option and at the vendor’s request and expense. The flash drive or CD from each vendor shall be retained for official files.

Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and NAC Chapter 333.

NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

CONTRACT TERMS AND CONDITIONS

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

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

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

The State shall not be liable for Federal, State, or Local excise taxes per NRS 372.325.

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

Local governments (as defined in NRS 332.015) are intended third party beneficiaries of any contract resulting from this RFP and any local government may join or use any contract resulting from this RFP subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any contract resulting from this RFP.

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