RFP 72DOW-S1266 Aerial Wildlife Capture and Transport Services.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Proposal: 72DOW-S1266

For

AERIAL WILDLIFE CAPTURE AND TRANSPORT SERVICES

Deadline for Submission and Opening Date and Time: September 11, 2020 @ 2:00 PM

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

For additional information, please contact:

Teri Becker, Purchasing Officer

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Phone: 775-684-0178

Email address: tbecker@admin.nv.gov

Refer to Section 8 for instructions on submitting proposals

VENDOR INFORMATION SHEET FOR RFP 72DOW-S1266

Vendor Shall:

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

B) Type or print responses; and

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

Street Address:

City, State, Zip Code:

Telephone:

Fax:

Toll Free:

including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number:

Fax:

Name:

Title:

TABLE OF CONTENTS

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

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

PROJECT OVERVIEW

The Nevada Department of Wildlife (NDOW) is seeking to contract with multiple vendors for aerial wildlife capture and transport services using a helicopter and crew to safely, efficiently, and humanely capture using a net-gun or dart-gun, handle, process, and if needed, transport to basecamp, big game animals in Nevada Primary objective is the safety and health of animals during and after capture, as well as the safety of State of Nevada personnel and volunteers involved with capture event. The services may be requested throughout the calendar year, although experience indicates that most work will occur from September – February beginning 2020.

Potential animals for capture and transport, include but are not limited to: bighorn sheep, mule deer, pronghorn antelope, elk, mountain goat, and moose. Selected vendor(s) must demonstrate experience, skill, knowledge, and exceptional performance in scheduling, coordinating, communicating, and conducting aerial capture work.

It is estimated for the first year of the contract, from Contract approval – March 2021 that NDOW will have the following capture needs: 20 bighorn sheep for transplant; 20 bighorn sheep, 8 mountain goats, 30 elk, 30 pronghorn, 60 mule deer, and 6 moose to sample, mark, and release. It is anticipated that during the second year of the contract, and any subsequent extensions, captures will be held from September -March.

The resulting contract(s) will be for a two (2)-year period, anticipated to begin November 11, 2020 subject to Board of Examiners’ approval, with an option to renew for an additional two (2) years upon exceptional vendor performance, as well as renegotiation of terms and conditions, such as cost schedule and upon mutual agreement of the parties.

GOALS AND OBJECTIVES

Conduct aerial capture of big game animals for the purpose of:

Disease surveillance

Deploy tracking devices for management needs including describing home range, seasonal habitat and critical use areas, dispersal patterns, movement corridors, survival, field observations

Translocating big game animals to unoccupied habitat areas as part of our overall big game restoration program

Support research projects to better understand ecological and biological concepts and constraints that will result in more effective big game management and sustainable big game herds

Capturing specific animals as necessary to accommodate critical management needs

Conduct aerial search and detection efforts; animal capture, handling, processing, slinging, transporting, delivery, and helicopter landing in a safe and humane manner to minimize stress and injury to animals and safety of NDOW personnel and volunteers.

SCOPE OF WORK

GENERAL

Scheduling Captures

In developing a capture schedule, NDOW capture lead and vendor lead will coordinate and agree to key issues/components of the scheduled work including but not limited to:

Appropriate helicopter to effectively conduct scheduled captures, air temperatures, and elevations;

Appropriate and experienced pilot for the scheduled captures;

Share the vendor’s schedule before and after Nevada’s captures for logistical and geographic planning and contingency plans for weather or mechanical issues that could postponed the schedule;

Whether or not capture involves restricted air space and meeting those requirements and scheduling limitations;

Capture methods;

How many vendor crew members will be on the captures and limitations/demands that may place on NDOW staff and capture efficiency.

Unless agreed upon by NDOW prior to the beginning of a series of captures, the capture crew will include 4 people including pilot, fuel truck driver, and 2 crew members for net-gunning or darting and mugging.

Vendor will provide a helicopter(s), fuel truck, fuel, personnel, equipment (net-gun, dart gun, nets, animal restraint/sling bags, sling cable, blindfolds, hobbles, radios, etc.) and equipment maintenance to perform wildlife captures and transport services.

The restraint/sling bag must be of a design that includes: mesh nonabsorbent material maximizing air flow and able to be chemically sanitized; allows sling weight to be distributed on the rear of the animal and not on the chest; hobbled legs hang free outside the bag, 2 buckle straps across the belly and 1 buckle strap across the chest; allows for cooling of animal on the ground without removing the bag.

Regardless of scheduled captures that only identify a particular big game species, there may be other species captured opportunistically, therefore the capture crew must always be equipped when in Nevada with appropriate equipment (e.g., blindfolds, hobbles, sling-bag) to capture and transport animals ranging in size from pronghorn to elk.

NDOW will identify captures that require blood collection by the capture crew. The capture crew will have at least one crew member that is proficient in jugular vein blood collection. A capture crew member will not collect blood from animals in the field without the consent of NDOW wildlife veterinarian or his designee.

Capture crew will have appropriate nut drivers and cutting shear for collar deployment.

Helicopter and crew have ability to weigh animals in the field and be equipped with flexible tape measures to take body measurements when requested by NDOW.

NDOW will provide to the capture crew, a VHF telemetry receiver, coaxial cable and hand-held antenna when asked to search for specific VHF collar frequencies. It is preferred for capture crew to have their own skid mounted antenna(s) to accommodate specific VHF frequency ranges 159 – 161, 216 - 226.

Helicopter and crew must have the ability to conduct radio communications with NDOW’s preferred FM radio frequencies for hand-held and vehicle radios (NDOW Administrative channel frequency is 151.445). This will not only allow helicopter to ground vehicle communication but will allow the capture crew to communicate through our local mountain-top repeaters beyond the range of the NDOW Admin channel.

The capture crew and NDOW staff will mutually agree on a day off if more than 6 consecutive days of captures have been conducted to ensure all are rested and capable of safely and effectively conducting captures, fuel truck driving, and base camp duties. Recent down days due to weather or mechanical failures may prevent the need to take a day off.

Vendor must comply with all Federal Aviation Administration regulations.

Vendor must possess and submit with bid, proof of valid insurance.

The Vendor selected must have the ability to furnish a helicopter that is suitable, properly equipped, and that can effectively perform animal captures and transports throughout the varied terrain and elevations. (up to 12,000 feet) that exists in the state of Nevada. Please describe the different types of aircraft you would use for the varied conditions and capture objectives you may encounter in Nevada.

Pilots must have a minimum of 1,000 documented hours of aerial capture experience. The level of experience must be submitted with the proposal within the pilots’ résumés or letters of recommendation.

Personnel involved directly in capture and animal handling must have prior experience in helicopter captures.

Vendors shall not subcontract these services without prior written approval of NDOW.

When capture crew is scheduled in Nevada 30 or more days in advance, the Vendor shall:

Notify NDOW of prior commitments, which could conflict with NDOW’s capture operations.

Adhere to the schedule, unless both parties concur with the alteration, with the understanding that unapproved delays may result in the vendor being charged by NDOW for liquidated damages (i.e. per diem, mileage, man-hours, etc.) at State of Nevada rates. Excused delays could include non-scheduled repairs or weather-related causes.

CAPTURE EVENTS AND PROCESSES

The following will be the various types of capture events and processes the successful vendor(s) will be asked to perform:

Helicopter net-gun or dart capture and helicopter transporting of animals back to a basecamp for processing by NDOW staff and volunteers;

Helicopter net-gun or dart capture and process animals at or near the capture site with no involvement from NDOW other than radio contact; and

Helicopter net-gun or dart capture and process animals at or near the capture site involving ferrying NDOW and/or other project collaborators (i.e., University researchers or adjacent state wildlife agency biologists/veterinarians) to or near the capture site to assist with data collection and processing once animals are captured.

GEAR SANITIZING

Prior to conducting big game captures (regardless of species) in Nevada, capture crew will ensure all nets, blindfolds, hobbles, and sampling tools/equipment are sanitized using preferred solutions and methods as directed by our wildlife veterinarian after conducting their last capture in another jurisdiction.

Upon request from NDOW wildlife veterinarian, all capture supplies and equipment identified above will be sanitized between consecutive bighorn/mountain goats captures in Nevada if potential exists for specific pathogens/parasites to be transmitted from one herd to another herd within Nevada.

DATA COLLECTION

The capture crew will be required to collect essential data including:

The crew will have an aeronautical GPS unit. NDOW will have capability of loading GPS files saved in common formats such as .gpx, gdb, or .mps to help with directed search for animals and avoidance of specific areas. All waypoints of every animal captured and flight path tracklog will recorded and stored on the GPS unit. The pilot will provide adequate notes for interpreting animal ID to waypoint number/name. The crew will not begin the capture day until the previous day’s waypoints and tracklog have been transferred to the appropriate NDOW staff.

The crew when requested to process animals at capture site, will properly collect biological samples and associated metrics and record all required information and data on data card/form in a manner as directed by NDOW staff.

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:

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 NRS 76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

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

Yes

No

If “No”, provide explanation.

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 72DOW-S1266.

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 8.5, Part III – Confidential Financial Information.

Dun and Bradstreet Number

Federal Tax Identification Number

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 two (2) years, specifically conduct big game captures involving more than 100 pounds.

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 wildlife captures and related services for evaluation purposes. Clearly specify the nature of all expenses anticipated.

Submit pricing in the following cost structure:

By Type of Aircraft and within each aircraft

Primary cost rate will be by the hour in conducting search and capture efforts; the goal is to minimize stress on the animals by avoiding chasing the same group more than 2 times and to move on to searching for new group to capture from.

For situations where animals are numerous in many smaller groups, list price per animal by all the following species: mule deer, elk, pronghorn, bighorn sheep, mountain goat, and moose.

Helicopter ferry costs

Added costs for

High elevation

Accommodating NDOW personnel with field processing

Long transport back to a basecamp; identify # of miles where that applies

Set-up fee for fuel truck & crew for each time capture crew visits Nevada for series of captures

Daily crew member travel expenses (per diem)

Daily Fuel Truck expense

Slinging animals in a transport sling crate

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)

Note: Under the Items Tab the NevadaEPro system defaults to ‘No Bid’. Proposing vendors must uncheck the ‘No Bid’ box and that will allow the system to default to ‘See Quote Attachments’.

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 persons who are disabled, visually impaired or hearing-impaired who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the 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 3.1.11 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 based upon the following criteria. The following criteria are listed in order of importance.

= Price Factor

Lowest Item Cost Submitted by a Vendor Proposers Item Cost

Price Factor of all lines are averaged together Total number of Price Factors

Average Price Factor X Weight = Cost Criteria 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.

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

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.

The State will post all official communication regarding this RFP on the NevadaEPro website at https://NevadaEPro.com. Any changes, amendments, or clarifications will be issued in the form of written responses to vendor questions, amendments, or addendum published on the NevadaEPro website entry for this RFP. Vendors should check this website frequently for notice of matters affecting the RFP prior to submitting a proposal. The vendors failure to periodically check for updates does not release the vendor from any additional requirements or information that may have been posted.

The failure to provide clearly marked, separate PDF file(s) for Part IB and Part III, which contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

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

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

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

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.

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.

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

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.

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

Any person who requests or receives a Federal contract, grant, loan or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

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

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

PROJECT TERMS AND CONDITIONS

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

Award of Related Contracts

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

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

State Owned Property

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

Inspection/Acceptance of Work

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

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

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

Travel

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

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

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

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

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

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

Right to Publish

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

No announcement concerning the award of a contract as a result of this RFP can be made without prior written approval of Game Division Administrator or designee.

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

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

Throughout the term of the contract, the contractor shall secure the written approval of the State per Section 10.3.5.2 prior to the release of any information pertaining to work or activities covered by the contract.

SUBMISSION CHECKLIST

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

Part IA submitted in one (1) separate PDF file

Part IB – Confidential Technical Proposal Submission Requirements

Part IB submitted in one (1) separate PDF file

Part II – Cost Proposal Submission Requirements

Part II submitted in one (1) separate PDF file

Par…