RFP 99SWC-S1310 Final 2.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: 99SWC-S1310

For

STATEWIDE ELECTRONIC FUEL DISPENSING & CARD LOCK PROCESSING SYSTEM

Release Date: October 5, 2020

Deadline for Submission and Opening Date and Time: November 2, 2020 @ 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 99SWC-S1310

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 State of Nevada Purchasing Division is seeking proposals from qualified vendors to provide electronic fuel dispensing and card lock processing system services statewide on an as needed basis.

This contract will be mandatory for State agencies located in geographic regions serviced by the contract. The University and Community College System, the Court System, the Legislative Counsel Bureau, and Political Subdivisions (i.e., cities, counties, school districts, etc.) may use the contract(s) resulting from this RFP; however, they are not required to do so.

The State Purchasing Division will administer contract(s) resulting from this RFP. The resulting contract(s) will be for an initial contract term of four years, anticipated to begin April 1, 2021, subject to Board of Examiners approval, with an option to renew for two (2) additional years, if agreed upon by both parties and in the best interests of the State.

SCOPE OF WORK

Card Lock System

Provide a card lock system for the purchase of fuel and/or maintenance within a network of authorized providers and State’s dispensing sites. Proposals must describe in detail whether their card lock system will meet or exceed the following requirements:

Separate agency accounts established directly between the contractor and individual agencies. Individual billings, reports, card administration (including issuing and replacing) and transactions will be between the contractor and the agency.

Single or multiple cards may be issued for specific vehicles and/or individuals.

Must have the ability to limit access by “locking out” lost or stolen cards at the State’s direction and offer system control features.

Groups of generic/inactive cards may be requested with the ability to call for activation without delay.

System must allow lockout of any individual card from a master location.

Vendor shall provide a 24-hour, toll free line customer support service.

Vendor shall designate a primary customer services representative for this contract.

Include a proposed card design (actual cards, drawing or copies are acceptable). Cards must be durable with magnetic strip and capable of interfacing with existing card reader systems.

Describe in detail fraud controls for the card lock system.

Does the card lock system net the fuel costs with the exemptions to Federal and State fuel taxes? If not, describe how the State will be reimbursed for Federal and State fuel tax exemptions.

Describe method of billing, i.e. paper, e-statements, etc.

Describe your transaction dispute process.

Vendor shall provide the agencies 24/7 online account access with the ability to track quantity of fuel purchased, cost per gallon, total cost, location, etc.

The card lock system shall have the capacity for integration into fleet management software programs, i.e. Maximus, Fleet Focus.

Currently there are 7,707 active cards with an estimate of 6,130 state owned vehicles. The system is vehicle based however they may a small number of driver-based cards. The estimated number of drivers is not available due to the fact any one of the 20,000 employees can drive a vehicle at any given time.

Cardholder Maintenance

Describe the minimum information regarding the following;

If awarded the contract how will you implement replacement of cards to all current active card holders, and approximate amount of time needed. Refer to Section 2.1.15 for number of currently active cards.

Required information needed to add a driver and, provide a list of all driver information that may be entered.

Can you alert fleet managers electronically when a transaction has been attempted or occurred outside of the fleet fueling policy?

What is your card cancellation policy and process?

What is your card replacement procedure; how are they ordered, and the standard time frame for delivery of replacement card.

What is the Entity’s liability on lost or stolen cards? What is your policy for lost or stolen cards?

Online Card Management System

Explain if and how your system meets each of these requirements.

Issue a card to a new cardholder.

Re-issue a card to a cardholder.

Report lost or stolen cards.

Make changes online.

Increase transaction limits electronically

Increase monthly limits electronically

Number of transactions per day

Address change

Name change

Close accounts in real-time

Change billing and accounting cycles

Dispute transaction

Check authorizations against card – real-time

Check Currant Balance

Check current status of card

Restrict Cash Transactions

Electronic Card Readers and Tank Monitoring Systems

Vendor must have the ability to provide electronic card readers and tank monitoring systems for using agencies with fuel tanks. Vendor will be responsible for monitoring fuel levels and ensuring fuel levels do not go lower than the required fuel level established for the using agency.

Some using agencies currently have electronic card readers and tank monitoring systems in place, vendors must be able to use current systems, or provide a plan to convert to a new system without additional cost to the using agency. A combination of Petrovend and Gasboy are the card reader systems currently in place.

Carson City Fleet Services facility utilizes a Petrovend site monitor model SS11C and a Gas Boy card reader model 2000S CFN DPC;

Reno Fleet Services utilizes the same equipment as Carson City;

Las Vegas Fleet Services utilizes the same Gas boy card reader and A Veedor Root monitor model TLS -300;

Thomas petroleum only owns a Gas Boy CFN II at each of the three fleet services locations;

All other equipment is owned by fleet services in regard to tanks, pumps, dispensers; and

The phone lines are owned by the state.

Sites with Equipment Provided by Pilot Thomas Logistics.

The twelve (12) sites below;

AGENCY

ADDRESS

CITY

Nev. Dept. of Corrections

Nev. Fleet Services

Nev. Dept. of Corrections - Stewart

Nev. Dept. of Corrections

Nev. Dept. of Corrections - NNCC Warehouse

University of Nevada - Reno

AGENCY

ADDRESS

CITY

Washoe Co. Equipment Services - Incline

Washoe Co. School Dist. - Getto Yard

1850 Kleppe Lane

Sparks

Washoe Co. School Dist. - North Yard

Washoe Co. School Dist. - South Yard

Fuel Inventory

Currently, Thomas Petroleum LLC supplies and owns the fuel of the State Fleet Services tanks. The Reno Fleet Services has both E-85 and unleaded tanks; Carson City and Las Vegas have unleaded gasoline tanks. The successful vendor will be required to take over the responsibility of holding the inventory of fuel in the tanks and billing the State Fleet Services and agencies separately for the purchase of fuel. Please provide a detailed plan and ability to assume this responsibility.

Reno Fleet Services facility:

One 10,000 gallon unleaded (utilizes reformulated gasoline at this location) below ground tank – Annual Throughput 40,000 gallons.

One 1,000-gallon E85 above ground tank – annual throughput 6,000 gallons.

Carson City Fleet Services facility:

One 10,000 gallon unleaded below ground tank – annual throughput 20,000 gallons.

Las Vegas Fleet Services facility:

One 3,000-gallon split walled above ground tank holding 1,500 gallons unleaded and 1,500 gallons E85 annual throughput for unleaded is about 20,000 gallons and E85 is about 8,000 gallons.

Washoe County School District has the same process with Thomas Petroleum LLC; however, they will have the option of using a resultant contract or maintaining the current agreement with Thomas Petroleum LLC.

1.2 Fuel Products

The following is a list of fuel products used by the state:

1.2.1.1 Class A, Blended Gasoline, to include Octane (as defined by ASTM) blended gasoline and Octane gasoline.

1.2.1.2 Diesel fuel, in Grades 2-D and 1-D as described by ASTM.

1.2.1.3 Agencies located in Clark and Washoe counties are required to operate 90% of a fleet with alternative fuel vehicles pursuant to the State Alternative Fuel Vehicles in Fleets program (NAC 486A); fleets in Clark County are also subject to Federal Energy Policy Act. Although this requirement is only for the Washoe and Clark counties, the State would like to see alternate fuel available throughout Nevada. Alternative fuel products are listed below:

Ethanol 85 (E85) Compressed Natural Gas (CNG) Bio-diesel (B5 to B20) Reformulated Gasoline (RFG) Motor fuels grade propane (HD-5)

1.2.2 Approximate consumptions for State agencies and the Nevada Department of Transportation (NDOT) for 2013 are listed below. The NDOT is listed separately as they have their own card lock system but have the option to use a resultant contract.

NEVADA STATE FUEL PRODUCTS PURCHASED

PRODUCTS

NDOT FY 20 TOTALS

Unleaded

986,205

Diesel

253,524

CNG

Propane

Biodiesel

E-85

24,655

RFG

G-DIESEL, an alternative fuel being used in some of NDOT vehicles

Note: Estimated consumption figures are furnished for purposes of reference only; no express or implied pledge of consumption is made or intended.

1.3 Network of Fuel Vendors

Provide a Statewide network of fuel vendors that will vend the above listed fuel products from multiple dispensing sites located throughout the State of Nevada. Proposal must include a listing of fueling sites available throughout the State of Nevada and out of State.

1.3.1 Must provide the number of facilities and the name of each facility. Include information regarding accessibility, hours of operation, types and grades of fuel available.

1.3.2 Provide a plan for ongoing networking of fuel sites, including alternate fuel sites, for use by all entities.

1.3.3 Include number and location of fueling sites currently operating on a 24/7 basis.

1.3.4 Provide fueling capability on a regional travel basis. The proposal must list or graphically display the current regional fueling capability of your system including any proposed sites with anticipated availability dates.

1.3.5 Vendor must have the ability to provide additional fueling sites at the State’s request within 90 days, based on a reasonable number of vehicles needing fueling at a location.

1.3.6 Include whether your card is accepted for mobile refueling or for fueling at diesel, card-lock or truck stop locations.

1.3.7 Describe how the list of fuel sites is maintained and how the list will be provided to the individual agencies. Do you have a website that is current with a list of fuel sites?

1.3.8 Outline how the price per gallon is formulated for foreign transactions.

1.3.9 Provide the ability for card lock use at bulk tanks owned by either State agencies or political subdivisions.

1.4 Emergency Fuel Supply

Vendors must provide a plan for emergency fuel supply locations in Carson City, Reno, Las Vegas and Elko. Describe where, how and who will run these facilities. All emergency facilities must be secured sites.

Emergency plan must be updated annually and provided to the State in an electronic format to be disseminated to agencies. Vendor must also update and provide a quarterly listing of emergency key contact names and phone numbers in an electronic format.

This Plan shall include but not be limited to:

Commodities and services available to Eligible Users during emergencies.

An assessment of risks.

Operational assignments (Who does what, when and how).

Procedures for Emergency notification (How do we tell people there’s a problem?).

Procedures for activation in the event of an emergency situation in order to protect and/or recover critical assets and functions.

Procedures for Emergency Plan testing.

1.5 Transition and Implementation

Vendors must provide a plan for transition and implementation of a contract. Describe in detail implementation of card program: controls and restrictions, dispensers, fueling systems, etc.

1.5.1 Describe the timeline for implementing the statewide fuel card program.

1.5.2 Define the tasks to be performed and identify responsible parties.

1.5.3 Include an organizational chart for the implementation project along with contract information (telephone number, email, and fax number).

1.5.4 Describe all customer support that will be provided during implementation.

1.5.5 Describe the following: Card/account set-up, Card/account activation, and Electronic access set-up and testing.

5. An essential element of this RFP project will be the transition from one vendor to another should the resulting RFP be awarded to a new vendor. If a new vendor is awarded the contract, the new vendor will be expected to implement the new fuel cards to agencies as the current vendor is phasing out the canceling current cards as of March 30, 2021.

1.6 Reporting

Vendor must, at a minimum, provide the following:

A comprehensive fuel management report to each agency with the ability for customization.

24/7 online account access with the ability to track quantity of fuel purchased, cost per gallon, total cost, location, etc.

Ability to break down fuel type purchased by month and/or by vehicle.

A quarterly usage report of all accounts under the contract must be provided to the Nevada State Purchasing Division. Quarterly report must include a minimum of the following:

List of individual agencies;

Weekly average fuel pricing for each type of fuel purchased in Carson City, Reno and Las Vegas; and

Quantity of each type of fuel purchased.

Vendor must state whether they have an online, web-based account management program.

State the time transfer of report information or if the reporting is real time.

Describe the use and ability of the online web-based system.

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:

Pursuant to NRS 333.3354, the State of Nevada awards a five percent (5%) preference to a vendor certifying that its principal place of business is in Nevada. The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a company’s corporate headquarters. 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 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 99SWC-S1310.

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

The last two (2) years and current year interim:

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). A completed Cost Schedule shall be provided for contractor and all sub-contractors.

Cost information shall not be included with the vendor’s Technical Proposal please refer to Section 8, Proposal Submission Requirements, Format and Content.

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. The State also reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

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.

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.

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 Weight = 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.

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.

The State may implement an administrative fee of not more than 1% on contracts procured or negotiated by the Purchasing Division. This fee may be assessed over the time of the contract period. Vendors will be provided 30 days written notice before fees are assessed. Fees shall be paid quarterly, 45 days after the close of the quarter, on all purchases under the contract.

PROJECT TERMS AND CONDITIONS

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