RFP Heavy Const Eq OK-SW-192-23~1.pdf

RFP SUMMARY

REQUEST FOR PROPOSALS

for

HEAVY CONSTRUCTION & INDUSTRIAL

EQUIPMENT

Issued by

THE STATE OF OKLAHOMA

In collaboration with

SOLICITATION NUMBER OK-MA-192-23

RFP WEBSITE: ok.gov/dcs/solicit/app/solicitationDetail.php?solID=4415

Request for Proposals for Heavy Construction & Industrial Equipment

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23

RFP OVERVIEW

I. OVERVIEW

This Request for Proposals (RFP) is being issued by the of State of Oklahoma (“Lead State”), Office of Management and Enterprise Services, in collaboration with the NASPO ValuePoint cooperative purchasing program. The purpose of this RFP is to establish one or more Master Agreements with manufacturers of new heavy construction and industrial equipment. Collectively, these Master Agreements will constitute the NASPO ValuePoint Construction Equipment Portfolio.

The purpose of this competitive solicitation is to develop a “catalog category discount” contract to provide for equipment to be made available for purchase. Only Manufacturer Suppliers with dealer networks in many states are asked to bid directly on the contract. The contract will be a multiple award contract for both equipment and warranty work with replacement parts.

About NASPO ValuePoint NASPO ValuePoint is a division of the National Association of State Procurement Officials (NASPO), a non-profit association dedicated to advancing public procurement through leadership, excellence, and integrity. In accordance with NASPO ValuePoint’s Lead State Model™, the Lead State is issuing this RFP, evaluating responses, and establishing Master Agreements with the support and assistance of a Multistate Sourcing Team™ composed of individuals from other member states, representing a broad range of perspectives that ensure the RFP incorporates best practices recognized by public entities across the country.

Participation in NASPO ValuePoint Master Agreements is convenient and cost-effective for eligible entities—including state departments, institutions, agencies, and political subdivisions, federally recognized tribes, and other eligible public and nonprofit entities in the 50 states, the District of Columbia, and U.S. territories—and suppliers, with no membership or registration required. In 2021, contractors reported a combined $16.94 billion in sales through NASPO ValuePoint Master Agreements awarded through cooperative solicitations like this RFP, including a combined $31.03 million in sales through the current Construction Equipment portfolio.

More information about NASPO, NASPO ValuePoint, and the NASPO ValuePoint Lead State Model can be found at www.naspo.org and www.naspovaluepoint.org and in Attachment E, Participation Information.

II. GENERAL INFORMATION AND INSTRUCTIONS

A. Important Dates.

1. RFP Open Date: December 19, 2022 (Monday)

2. RFP Q&A Deadline: January 16, 2023 (Monday) by 3:00pm Central Time

3. RFP Close Date: January 30, 2023 (Monday) by 3:00pm Central Time

Dates and deadlines are subject to change. Offerors should continue checking the RFP Website for the most up-to-date information.

B. RFP Contact. The following individual is the sole contact for this RFP:

http://www.naspo.org/ http://www.naspovaluepoint.org/

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23

Asha Parks Contracting Officer/Procurement Specialist Email - asha.parks@omes.ok.gov

State of Oklahoma, OMES Central Purchasing 2401 N. Lincoln Blvd., Oklahoma City, OK 73105

C. Contract Term. The initial term of the master agreement shall be from the date of award for two

(2) years with the option to renew for three (3) additional one-year periods.

D. Renewals Prior to any renewal, the Lead State shall subjectively consider the value of the Contract, the Supplier’s performance and review of current pricing and discounts offered by Supplier. If it is determined changes to the Master Agreement are required as a condition precedent to renewal, the Lead State and Supplier will cooperate to evidence such required changes in an Addendum.

E. Extensions. The Lead State may extend the Master Agreement for ninety (90) days beyond a final renewal term. If exercised, the Lead State shall notify Supplier in writing prior to expiration date. The Lead State, and to the extent allowable by law, may choose to exercise subsequent ninety (90) day extensions at the Agreement pricing rate, to facilitate the finalization of relater terms and conditions of a new award or as needed for transition to a new Supplier.

F. RFP Website. The following website is the sole official source for RFP information and updates:

Link / URL --- ok.gov/dcs/solicit/app/solicitationDetail.php?solID=4415

G RFP Documents. This RFP consists of this RFP Summary, the following attachments, and any information or materials posted by the Lead State to the RFP Website, as amended:

1. Attachment A, RFP Terms and Conditions

2. Attachment B, Scope of Work

3. Attachment C, RFP Evaluation Plan

4. Attachment D, Sample Master Terms and Conditions

5. Attachment E, Potential Participation

6. Attachment F, Protest Information

7. Attachment G, Offeror Information, Acknowledgements, and Certifications

8. Attachment H, Offeror Response Worksheet

9. Attachment I, Cost Proposal

10. Attachment J, Proposed Modifications to Sample Master Agreement

11. Attachment K, Claim of Business Confidentiality

12. Attachment L, Value Add Plan mailto:asha.parks@omes.ok.gov

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23

13. Attachment M, Authorized Dealers Listing

14. Attachment N, Past Performance Reference Survey

H How to Ask Questions.

1. Read and review this RFP, including all attachments, exhibits, and amendments.

2. For questions about the content of this RFP, please submit them in writing via email to

Asha Parks at asha.parks@omes.ok.gov by the deadline (date and time shown) in Section II.A. Questions submtitted after this deadline will not be answered. Answers will be publicly given via the State of Oklahoma Solicitation site as an amendment to the RFP as soon as practicable. Questions must reference the specific section of the RFP to which the question relates.

3. The identity of prospective Offerors will not be published with the answers, but the text of questions will be restated, so Offerors are cautioned about including context in questions that may reveal the source of questions.

D. How to Respond.

1. Read and review this RFP, including all attachments, exhibits, and amendments.

2. Prepare a proposal that:

a. Follows the requested format.

b. Includes the Solicitation Number on all materials making up the proposal.

c. Addresses each question and request for a response in this RFP, including all questions in Attachment H, Offeror Response Worksheet.

d. Clearly demonstrates your ability to meet the Scope of Work described in Section

III and Attachment B; and

e. Includes all required submissions identified in Section IV.

3. Submit your proposal by the RFP Close Date. All responses must be sent electronically to: OMESCPeBid@omes.ok.gov

Proposers are solely responsible for ensuring that their Proposals are received by the Lead State in accordance with these solicitation requirements, before the closing date and time, and sent to email reference above. No paper copies will be accepted.

at the place specified on the cover sheet of this RFP.

III. SCOPE OF WORK

A detailed description of the Deliverables being sought through this RFP is attached as Attachment B, Scope of Work.

The scope of this RFP and its resulting Master Agreement(s) is intended to benefit all state departments, institutions, agencies, and political subdivisions and other eligible public and nonprofit entities in the 50 states, the District of Columbia, and U.S. territories. Therefore, Offerors should not interpret the Scope of Work to be associated with or limited to any specific purchase, implementation, project, need, mailto:asha.parks@omes.ok.gov mailto:OMESCPeBid@omes.ok.gov

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23 or program within the Lead State or any other state or eligible entity. Proposals should be generally applicable to all potential Participating and Purchasing Entities, except where specificity is requested.

IV. OFFEROR RESPONSE

A. Required Submissions. All responses are required to be submitted directly through to OMESCPeBID@omes.ok.gov The following must be submitted with your proposal:

1. Completed and signed Attachment G, Offeror Information, Acknowledgements, and Certifications

2. Completed Attachment H, Offeror Response Worksheet

3. Completed Attachment I, Cost Proposal, submitted as a separate document and separate file.

4. Completed Attachment J, Proposed Modifications to Sample Master Agreement

5. Completed and signed Attachment K, Claim of Business Confidentiality

6. Completed and signed Attachment L, Value Added Plan

7. Attachment M, Authorized Dealers & Distributors Listing

8. Attachment N, Past Performance Surveys (3)

9. OMES Form CP076, Responding Bidder Information

10. OMES Form CP004, Certification for Competitive Bid and/or Contract (Non-Collusion

Certification).

11. Redacted copy of proposal clearly marked as such, if claiming confidential, proprietary, or protected information.

12. Redlined copy of Attachment D, Sample Master Agreement, if proposing modifications

B. Other Documents. The following are informational only and do not need to be submitted with your proposal:

1. Attachment A, RFP Terms and Conditions

2. Attachment B, Scope of Work

3. Attachment C, RFP Evaluation Plan

4. Attachment D, Sample Master Agreement

5. Attachment E, Potential Participation

6. Attachment F, Protest Information

V. EVALUATION AND AWARD PROCESS

A. Proposals will be sealed until the RFP Close Date. After opening, proposals will be evaluated in stages as set forth in this section and further detailed in Attachment C, RFP Evaluation Plan.

1. Stage 1: Initial Responsiveness. Proposals will be reviewed for completeness and initial responsiveness. Proposals omitting required documents or responses may be rejected in accordance with Attachment A, RFP Terms and Conditions.

2. Stage 2: Mandatory Minimum Requirements. Proposals meeting initial responsiveness requirements will be evaluated against the Mandatory Minimum Requirements set forth in mailto:OMESCPeBID@omes.ok.gov

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23

Attachment C, RFP Evaluation Plan. Proposals meeting all Mandatory Minimum Requirements will proceed onto the Stage 3: Techncial Criteria Evaluation.

3. Stage 3: Technical Criteria. Proposals meeting all Mandatory Minimum Requirements will be evaluated against the Technical Criteria set forth in Attachment C, RFP Evaluation Plan. All responses which scored at least 75% of available points will move on to the Stage 4 Cost evaluation.

4. Stage 4: Cost Evaluation. Cost Proposals not rejected following evaluation of Technical

Criteria will be evaluated. Costs will be scored into three Categories as detailed further within Attachment C – RFP Evaluation Plan. Cost Proposals may also be subject to an independent review for reasonableness and best value by the Lead State.

5. All weighted scores will be totaled to arrive at the supplier’s total scored evaluation.

6. In accordance with Oklahoma Statutes, 74 O.S. § 85.5, the State of Oklahoma reserves the right to negotiate with one, selected, all or none of the Offerors responding to this solicitation to obtain the best value for the Lead State. Negotiations could entail discussions on products, services, pricing, contract terminology or any other issues that mitigate the Lead State’s risks. The Lead State will consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more Offerors, for any and all items in the Offeror’s Proposal.

Firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item may face a significant disadvantage and may not be considered. If such negotiations are conducted, the following conditions shall apply:

Negotiations may be conducted in person, in writing, or by telephone.

Negotiations will only be conducted with Offerors’ that submitted potentially acceptable Proposals. The State reserves the right to limit negotiations to those Proposals that received the highest rankings during the initial evaluation phase.

Terms, conditions, prices, methodology, or other features of the Offeror’s Proposal may be subject to negotiations and subsequent revision. As part of the negotiations, the Offeror may be required to submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the Proposal.

7. It is anticipated that this RFP may result in Master Agreement awards to multiple contractors, at the Lead State’s discretion. The evaluation process is designed to award the contract resulting from this RFP to the Supplier deemed to be the most responsive and responsible concerning requirements outlined in the Technical Requirements.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23

B. After evaluations are completed, the Lead State and Multistate Sourcing Team will determine which proposals are most advantageous to the Lead State and potential Participating and Purchasing Entities. Awards will be made at the natural break of high and low scores.

C. Prior to announcement of awards and execution of Master Agreements, the Lead State will present an award recommendation to the NASPO ValuePoint Executive Council for approval of the proposed awards.

D. Following approval of the NASPO ValuePoint Executive Council, the Lead State will issue an intent-to-award announcement on its electronic procurement system. Proposal files are public records and available for review at the offices of the Lead State by appointment.

Heavy Construction and Industrial Equipment

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

Attachment A

RFP TERMS AND CONDITIONS

This RFP and Offeror’s participation therein is subject to the following terms and conditions:

I. DEFINITIONS

A. Confidential Information means any and all information in any form that is marked as confidential or would by its nature be deemed confidential and is obtained by Offeror in connection with this RFP, including but not limited to the data or records of the Lead State, the Multistate Sourcing Team, NASPO, or NASPO ValuePoint.

B. Contractor means an Offeror with whom the Lead State executes a Master Agreement resulting from this RFP.

C. Deliverable means a good, product, service, solution, result, labor, or other effort being sought through this RFP.

D. Interested State means a state that has requested to be identified as a potential Participating Entity in this RFP.

E. Lead State means the State issuing this RFP.

F. Master Agreement means a contract, resulting from this RFP, that is executed by and between a successful Offeror and the Lead State, acting in collaboration with NASPO ValuePoint.

G. Multistate Sourcing Team means the group of individuals assisting the Lead State with solicitation and contracting activities, which may include but are not limited to development of this RFP, evaluation of proposals, negotiation of Master Agreements, and evaluation of Contractor performance.

H. NASPO means the National Association of State Procurement Officials.

I. NASPO ValuePoint means the cooperative contracting division of NASPO.

J. Offeror means an entity submitting a proposal in response to this RFP.

K. Order means a purchase order, sales order, agreement, or other document used by a

Purchasing Entity to commit funds in exchange for a Contractor’s delivery of one or more Deliverables.

L. Participating Addendum means a contract, referencing a Master Agreement, that is executed by and between a Contractor and a Participating Entity and may include Participating Entity-specific requirements and terms.

M. Participating Entity means a state, or another entity authorized to enter into a Participating Addendum, that executes a Participating Addendum with a Contractor.

N. Proposal or proposal means an Offeror’s submission in response to this RFP, including information submitted directly through the RFP Website and information submitted after the RFP Close Date at the request of the Lead State.

O. Purchasing Entity means a state, or another entity authorized to use a Participating Addendum, that issues an Order under a Master Agreement resulting from this RFP through a Participating Entity’s Participating Addendum.

P. RFP means this request for proposals, including all attachments and exhibits and any information posted by the Lead State to the RFP Website, as amended.

Q. RFP Close Date means the date identified in Section II.A.3 of the RFP Summary.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

R. RFP Contact means the individual identified in Section II.B. of the RFP Summary.

S. RFP Open Date means the date identified in Section II.A.1. of the RFP Summary.

T. RFP Q&A Deadline means the date identified in Section II.A.2. of the RFP Summary.

U. RFP Website means the website identified in Section II F. of the RFP Summary.

II. GOVERNING LAW AND VENUE

A. This RFP and Offeror’s participation in it is governed by and construed in accordance with the laws of the Lead State.

B. Unless otherwise specified in this RFP, the venue for any protest, claim, dispute, or action relating to this RFP, including evaluation and award, is in the state serving as the Lead State.

C. Any claim relating to this RFP brought in a federal forum must be brought and adjudicated solely and exclusively within the United States District Court for the Lead State.

D. Offeror and Offeror’s participation in this this RFP must comply with all applicable federal, state, and local laws, rules, and policies.

E. All Deliverables proposed by Offeror must comply with all applicable federal, state, and local laws, rules, and policies.

III. RFP DOCUMENTS

A. RFP Website.

1. The RFP Website is the sole source for official RFP documents and updates. The Lead

State may, but is under no obligation to, notify Offeror of updates to the RFP Website, including the posting of RFP amendments.

2. Documents from this RFP may be posted on multiple websites, including non-Lead State procurement solicitation boards and the NASPO ValuePoint website, or distributed through other channels, such as email. Such distribution is for advertising and informational purposes only, and documents and information from sources other than the RFP Website should not be relied upon to develop or submit a proposal. Proposals or questions submitted through any means other than those specified in this RFP will not be addressed or considered by the Lead State.

B. RFP Amendments.

1. The Lead State may, at any time and in its sole discretion, issue one or more amendments to this RFP. Information shared orally or in informal communications will not be considered an amendment unless explicitly stated in the communication or documented in writing on the RFP Website.

2. Offerors may, through the process described in this RFP for asking questions, propose amendments to the RFP, including adjustment of deadlines. The Lead State is not obligated to consider any proposed amendment.

3. The Lead State may extend any deadline given to Offerors during the RFP process, including the RFP Close Date and RFP Q&A Deadline.

4. The Lead State may make immaterial corrections or clarifications to the RFP.

5. Offeror is wholly responsible for reviewing amendments and updates to the RFP Website, acknowledging amendments as required, and submitting a proposal that is responsive to and compliant with the RFP as amended.

C. Waiver.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

1. The Lead State may waive any requirement in this RFP if the Lead State determines that waiver is in the best interest of the Lead State and potential Participating Entities and Purchasing Entities.

2. Waiver of a requirement will not be construed as waiver of any other requirement in this

RFP.

3. The Lead State may waive minor irregularities or defects in an Offeror’s proposal.

D. Conflicts and Issues.

1. The following should be brought to the attention of the Lead State using the process described in this RFP for asking questions or, if applicable, by filing a protest using the process described in Attachment F, Protest Information:

a. Any alleged conflict among the materials composing this RFP; and

b. Any alleged issue relating to the content of this RFP, including instructions, requirements, or specifications alleged to be ambiguous, unduly restrictive, erroneous, anticompetitive, or unlawful.

2. Any protest, claim, dispute, or action based upon a conflict or issue described in 1.a or 1.b will be filed no later than the RFP Close Date. Offeror waives the right to file any protest, claim, dispute, or action based upon a conflict or issue described in 1.a or 1.b if not filed by the RFP Close Date.

IV. PROPOSALS

A. Late Delivery or Non-delivery of Proposal. Offeror is wholly responsible for ensuring Offeror’s proposal is complete and submitted timely to the Lead State in the format required by this RFP.

The Lead State will not accept a proposal after the RFP Close Date.

B. Modified and Alternate Proposals. Offeror is expected to submit Offeror’s most favorable terms and pricing in its original proposal submitted by the RFP Close Date. The Lead State is under no obligation to provide Offeror an opportunity to modify or submit an addendum to Offeror’s original proposal or to submit another proposal, including a best and final offer, prior to final evaluation and award. Alternate proposals will not be accepted unless otherwise specified in this RFP.

C. Discussions, Clarifications, and Demonstrations. The Lead State may, but is not obligated to, enter into discussions with or request clarifications or demonstrations from one or more Offerors prior to awarding a Master Agreement. Offerors are expected to be ready to participate in discussions, clarifications, or demonstrations with limited notice. Discussions, clarifications, and demonstrations must be consistent with Offeror's original proposal and will become an addendum to Offeror's proposal.

D. Cost Proposal.

1. Offeror must complete all required elements of Attachment I, Cost Proposal. The format and structure of the Cost Proposal is intended to allow for a fair evaluation of like costs among Offerors. Deviation from the format or structure of the Cost Proposal may result in Offeror’s proposal being deemed non-responsive.

2. Offeror is wholly responsible for ensuring figures and calculations submitted in Offeror’s completed Cost Proposal are accurate, even if formulas have been provided by the Lead State as a courtesy.

3. Inclusion of cost or pricing information in any document other than the Cost Proposal may result in Offeror’s proposal being deemed non-responsive.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

4. Offeror’s proposed costs must be inclusive of all fees and charges, including but not limited to fees or charges for shipping, delivery, credit card payments, or personnel. All costs proposed by Offeror must also be inclusive of the NASPO ValuePoint administrative fee.

5. A Participating Addendum may also require payment of an additional administrative fee by Contractors to a Participating Entity based on sales to Purchasing Entities within the jurisdiction of the Participating Entity. Unless otherwise negotiated by the Participating Entity, Contractor may adjust the Master Agreement pricing incorporated into the Participating Entity’s Participating Addendum by an amount not to exceed the Participating Entity’s fee. Such adjustments will have no effect on the NASPO ValuePoint administrative fee, pricing in the Master Agreement, or pricing offered to Purchasing Entities outside the jurisdiction of the Participating Entity.

6. In addition to the Cost Proposal evaluation described in this RFP, Cost Proposals may also be subject to an independent review for reasonableness by the Lead State. Costs determined not to be reasonable or best-value by the Lead State, including any cost to which Offeror’s proposed markup or discount is to be applied, may result in all or part of Offeror’s proposal being rejected, notwithstanding the results of the Cost Proposal evaluation.

7. At the Lead State’s discretion, points earned in the Cost Proposal evaluation may be normalized and scaled to award the Offeror earning the highest total cost score the maximum number of cost points possible.

E. Proposed Modifications to the Sample Master Agreement.

1. The Lead State may, but is not obligated to, consider proposed modifications to

Attachment D, Sample Master Agreement. Provisions of the Sample Master Agreement that are generally inapplicable to, incompatible with, or unsuitable for the subject of this RFP should be brought to the attention of the Lead State using the process described in this RFP for asking questions and will be addressed only at the sole discretion of the Lead State.

2. Offeror-specific modifications to Attachment D, Sample Master Agreement, may be proposed as part of Offeror’s proposal in Attachment J, Proposed Modifications to Sample Master Agreement, but are strongly discouraged. The quantity, breadth, and nature of modifications proposed by Offeror may be considered in the Lead State’s evaluation of Offeror’s proposal and of its risks, costs, and benefits to the Lead State and potential Participating Entities and Purchasing Entities. Proposing excessive or overly restrictive modifications, or proposing modifications upon which Offeror’s proposal is conditioned, may result in Offeror’s proposal being deemed non-responsive.

3. The following will not be considered by the Lead State:

a. Any proposed modification not submitted with Offeror’s proposal in Attachment J, Proposed Modifications to Sample Master Agreement;

b. Any proposed modification not accompanied by an explanation as required in

Attachment J, Proposed Modifications to Sample Master Agreement;

c. Any proposed modification not reflected in redlined edits to the Sample Master

Agreement and submitted with Offeror’s proposal; and

d. Any proposed modification merely referencing another document or a URL.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

4. Offerors may propose additional terms but must include them in Attachment J, Proposed Modifications to Sample Master Agreement and must clearly identify where any terms conflict with the Sample Master Agreement.

5. If Offeror is awarded a Master Agreement resulting from this RFP, a comparison of Attachment D, Sample Master Agreement and Offeror’s accepted modifications thereto may be posted on the NASPO ValuePoint website for examination by potential Participating Entities and Purchasing Entities.

F. Proposal Contact.

1. The Proposal Contact identified by Offeror in Attachment G, Offeror Information, Acknowledgements, and Certifications must be able to respond timely to communications from the Lead State. Offeror must, within 24 hours, notify the Lead State of any change to Offeror’s Proposal Contact. Offeror is wholly responsible for ensuring communications received by Offeror’s Proposal Contact are reviewed and addressed timely by the appropriate personnel.

2. The Lead State may, but is under no obligation to, notify Offeror’s Proposal Contact of updates to the RFP Website, including the posting of RFP amendments. Offeror is wholly responsible for reviewing updates and submitting a proposal that is responsive to and compliant with the RFP as amended.

G. Proposal Development Costs. All costs incurred by Offeror in the preparation and submission of a proposal, including any costs incurred during discussions, clarifications, or demonstrations, are the responsibility of Offeror and will not be reimbursed.

H. Firm Offer. Offeror’s proposal will act as a firm offer for 180 days following the RFP Close Date.

After 180 days, the offer will remain open unless revoked by Offeror via written withdrawal of Offeror’s proposal in accordance with Oklahoma OAC 260:115 B.

I. Ownership and Disclosure of Proposals.

1. Hard copy proposals and tangible items submitted by Offeror in connection with this RFP, including physical media and product samples, will become the property of the Lead State and may not be returned to Offeror.

2. Offeror grants Lead State and NASPO a perpetual, irrevocable, non-exclusive, royalty-free, and transferable right to display, modify, copy, and otherwise use the contents of Offeror’s proposal, which may be:

a. Shared with NASPO members;

b. Shared with entities represented on the Multistate Sourcing Team;

c. Posted to the NASPO ValuePoint website following execution of Master

Agreements for examination by potential Participating Entities and Purchasing Entities;

d. Subject to disclosure in accordance with applicable public information laws, rules, and policies; and

e. Subject to retention, archiving, and destruction in accordance with applicable retention laws, rules, and policies.

3. If Offeror is claiming any portion of its proposal as confidential, proprietary, or protected, Offeror must complete the required sections of Attachment K, Claim of Business Confidentiality, and submit with Offeror’s proposal a redacted copy of Offeror’s proposal, which must be clearly marked as such. Offeror may not mark pricing or Offeror’s entire proposal as confidential, proprietary, or protected. Submission of a Claim of Business Confidentiality does not guarantee that information claimed by Offeror as confidential, Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS proprietary, or protected will not be subject to disclosure in accordance with applicable public information laws, rules, and policies. If Offeror fails to submit a redacted copy of Offeror’s proposal, or fails to claim information as confidential, proprietary, or protected in compliance with this RFP, Offeror releases the Lead State, NASPO, NASPO members, and entities represented on the Multistate Sourcing Team from any obligation to keep the information confidential and waives all claims of liability arising from disclosure of the information.

J. Confidential Information. If Offeror is provided or given access to Confidential Information in connection with this RFP, Offeror will keep the Confidential Information in confidence and will not use the Confidential Information for any purpose other than as directed by the Lead State and as necessary to respond to this RFP. Unless otherwise directed by the Lead State, Offeror will destroy Confidential Information within 30 days of the cancellation of this RFP, rejection or withdrawal of the Offeror’s proposal, or execution of a Master Agreement between the Lead State and Offeror.

V. RIGHTS RESERVED TO THE LEAD STATE

A. RFP Contact and Multistate Sourcing Team.

1. The Lead State may change the RFP Contact at any time. The Lead State will notify potential Offerors of the change via an amendment to this RFP, an email to the Offeror’s Proposal Contact, or an update to the RFP Website.

2. The Lead State is not required to disclose the composition of the Multistate Sourcing Team and may, at any time and without notice, change the composition of the Multistate Sourcing Team, provided the composition complies with the Lead State’s laws, rules, and policies.

B. Consideration of External Information. The Lead State and Multistate Sourcing Team may consult external sources and consider external information to confirm the responsibility of Offeror, the responsiveness of Offeror’s proposal, and the veracity of any representation made by Offeror.

Offeror will be given a reasonable opportunity to respond to any external information obtained by the Lead State and Multistate Sourcing Team that materially and negatively affects evaluation of Offeror’s proposal. External information does not include information obtained from references provided by Offeror.

C. Right to Waive Minor Irregularities. “Minor irregularity”, "minor deficiency" or "minor informality" means an immaterial defect in a Proposal or variation in a Proposal from the exact requirements of a solicitation that may be corrected or waived without prejudice to other Offerors. A minor irregularity, minor deficiency or informality does not affect the price, quantity, quality, delivery or conformance to specifications and is negligible in comparison to the total cost or scope of the acquisition.

The State Purchasing Director may waive minor irregularities, deficiencies or informalities in a Proposal if the State Purchasing Director determines the irregularities, deficiencies or informalities do not prejudice the rights of other Offerors, or are not a cause for Proposal rejection.

D. Rejection of Proposals. The Lead State may reject Offeror’s proposal at any time if the Lead State determines that:

1. The proposal is non-responsive;

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

2. The proposal has failed to meet any mandatory requirement of the RFP, including any minimum scoring threshold;

3. Offeror is not responsible; or

4. Offeror has committed a violation of procurement law, rule, or policy.

E. Cancellation.

1. The Lead State may cancel this RFP at any time if the Lead State determines that cancellation is in the best interest of the Lead State and potential Participating Entities and Purchasing Entities.

2. Following cancellation, the Lead State may, at its discretion, re-issue this RFP or issue another RFP for the same or similar Deliverables.

F. No Exclusivity.

1. Master Agreements resulting from this RFP will be established solely for the convenience of Participating Entities. The Lead State, Participating Entities, and Purchasing Entities reserve the right to obtain the same or similar Deliverables from other sources when in their best interest and permitted by applicable law, rule, or policy.

2. The Lead State may, at its discretion, issue a supplemental solicitation during the term of a Master Agreement resulting from this RFP if the Lead State determines that:

a. There is insufficient competition among Contractors awarded a Master Agreement resulting from this RFP;

b. The quantity or diversity of Deliverables available through Master Agreements resulting from this RFP is insufficient to meet demand; or

c. Changes in the industry, market, or technology justify the solicitation of new or supplemental Contractors or Deliverables.

G. Mandatory State Preferences. The Lead State may apply mandatory evaluation preferences to proposals of eligible Offerors as set forth in applicable laws, rules, policies, or provisions of this RFP. Offeror is wholly responsible for demonstrating eligibility for any applicable preference in Offeror’s proposal, including identification of applicable Business Certifications in Attachment G, Offeror Information, Acknowledgements, and Certifications. Offerors that meet the requirements for award with an applied preference but would not receive an award without an applied preference may be awarded a contract for use by the Lead State but will not be awarded a NASPO ValuePoint Master Agreement for use by other states and eligible entities.

H. Conditional Awards.

1. Award and execution of a NASPO ValuePoint Master Agreement by the Lead State is conditioned upon the following:

a. Approval by NASPO ValuePoint;

b. Approval by any individual or group of individuals required to approve Lead State awards or contracts, including but not limited to legal counsel, an overseeing board, or agency head;

c. Continued eligibility for award following resolution of any protests received by the Lead State; and

d. Negotiation of Master Agreement terms, conditions, and pricing satisfactory to the Lead State, awarded Offeror, and NASPO ValuePoint.

2. Approval of awards and Master Agreements may be in whole or in part.

3. Awards and Master Agreements not approved by NASPO ValuePoint may, at the Lead

State’s option, result in a contract for use by the Lead State only.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment A, RFP TERMS AND CONDITIONS

4. Offeror agrees to hold the Lead State and NASPO harmless and release the Lead State and NASPO from any liability for damages arising from non-award or non-execution of a contract.

5. Nothing in this section affects Offeror’s right to file a protest in accordance with Attachment F, Protest Information.

I. Term. The Lead State may, prior to execution, adjust the effective date or duration of the initial term or renewal period of any Master Agreement resulting from this RFP for the purpose of making the Master Agreement coterminous with others. If this RFP is a re-solicitation of an existing NASPO ValuePoint portfolio, the Lead State may, at its option, defer the effective date of Master Agreements resulting from this RFP to reduce or eliminate overlap in portfolio terms.

VI. POTENTIAL PARTICIPATING ENTITIES

A. Interested States.

1. States that have requested to be named in this RFP as potential participants in the resulting Master Agreement(s) are listed as Interested States in Attachment E, Potential Participation. This list neither guarantees execution of a Participating Addendum by an Interested State nor precludes execution of a Participating Addendum by any state or entity not identified as an Interested State.

2. The Estimated Annual Volume in Attachment E, Potential Participation aggregates usage estimates, self-reported by the Interested States, which may be based on any factor considered relevant by each Interested State, including historical usage and anticipated future usage. No minimum or maximum level of sales volume is guaranteed or implied.

3. Some Interested States have also provided state-specific terms and conditions that may apply to a Participating Addendum executed with an Offeror awarded a Master Agreement through this RFP. Any terms and conditions included in Attachment E, Potential Participation are being provided for informational purposes only and will not be incorporated into the Master Agreement or addressed or negotiated by the Lead State.

Participation and the terms and conditions applicable to each Participating Entity will be determined by the Participating Entity following negotiation of a Participating Addendum with a Contractor.

B. Potential Participation by Canadian Entities. In addition to potential Participating Entities within the United States, any Canadian provincial government or provincially funded entity in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, and Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use a Master Agreement resulting from this RFP, with the approval of the Contractor.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment B, SCOPE OF WORK

Attachment B

SCOPE OF WORK

This Scope of Work describes the Deliverables being sought through this RFP and the scope of what Contractor will be expected to offer through a Master Agreement resulting from this RFP. The Scope of Work is intended to provide interested Offerors with sufficient basic information to submit a proposal. It is not intended to limit a proposal's content or exclude any relevant or essential data.

I. Master Agreement Objectives

The State of Oklahoma, (Office of Management & Enterprise Services (OMES), Central Purchasing (Lead State) is requesting proposals for Heavy Construction and Industrial Equipment in furtherance of the NASPO ValuePoint Cooperative Purchasing Program.

The objective of this RFP is to obtain best value, competitive proposal requirements, and to receive collective volume purchasing by all government entities through the NASPO ValuePoint Cooperative Purchasing Program, which creates more favorable pricing than is obtainable by an individual state or local government entities.

II. Master Agreement Deliverables

1. Product Categories

A. Heavy Construction Equipment

The award of this RFP will cover categories which contain heavy construction equipment, such as Articulated Dump Haulers, Articulated Haulers, Backhoes, Cold Planers, Compactors- Road and Asphalt, Dozers, Motor Graders, Pavers, Reclaimers, Site Dumpers, Skid Steers, Telehandlers, Track Excavators, Tracked Loaders, Wheel Loaders, Wheeled Excavator and Sweeper Equipment - Mechanical, Airport/Runway, Walk Behind, Riding, Parking Lot and Sidewalk Sweeping Equipment.

B: Industrial Equipment

To compliment this offering, industrial equipment will contain equipment such as Air Compressors, Back Up Battery Packs, Generators, Forklifts, Light Towers, Portable Generators, and pull-behind portable solar charging stations.

C. Value Added Option for Additional Equipment

Attachment L allows Offerors to offer their most frequently purchased items or special contract listings for this award as a value add. These items will hold cost for the first initial period of the contract. This attachment will be included in the evaluation. In addition, Offerors may offer as a value add to this award, other equipment and / or categories which fall under the general guidelines of these equipment types.

Subject to Participating Entity approval, these value-add options may or may not be ultimately exercised at the participating addendum level. This may be an emerging technology in equipment or general enhancements such as, Remote Control, Automation, Safety Features, and Alternative Fuel Options.

Special financing and or leasing options should also be listed here.

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment B, SCOPE OF WORK

III. Contractor Responsibilities and Tasks

1. Authorized Dealers / Distributors

Only manufacturer Offerors with strong dealer networks in multiple states are asked to respond directly to this RFP and will be named on the award of the Master Agreement. The awardees of the resulting Master Agreements will be responsible for all reporting, management fees required, and the individual Participating Addendums executed.

The manufacturer will offer users of this contract set discount levels, which may be sold and serviced at the dealer level. Any interested equipment dealer is highly encouraged to connect with their manufacturer and ensure they have been named as an authorized dealer / distributor. Attachment M, Distributors by State, does list authorized dealer / distributors and will be part of the evaluation process to ensure adequate local supply is addressed as well as shipping and delivery options.

2. Insurance Offerors shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M.

Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum.

A. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below:

(1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $5 million per occurrence.

(2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.

B. Offeror / Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.

C. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.

D. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.

3. Licensing

A. Sales of motor vehicles are subject to state Motor Vehicle Statutes. Offeror certifies by submission

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment B, SCOPE OF WORK of a response that all required Motor Vehicle Commission licenses are in place and current, and that copies of all such licenses, if requested, will be submitted with the states’ participating addendums.

B. License requirements for states participating in the contract will be addressed in each state’s participating addendum.

C. It is the Contractor’s responsibility to keep all required Motor Vehicle licensing current during the term of the contract and to furnish copies at any time upon request by the contract administrator. If the Contractor does not maintain current licensing, Central Purchasing may immediately terminate the contract upon discovery of the expiration of the license. Contracts for motor vehicles to be sold may be made only with properly licensed Motor Vehicle Dealers.

4. Ordering

A. No minimum orders will be considered under this Contract. Please see the pricing attachment for value-added incentive volume discount request.

B. Options/Accessories/Attachments on ordered equipment shall include all standard items normally furnished by the Contractor’s manufacturer/dealer for the basic equipment being purchased.

Contractor shall identify any websites that can be of assistance in determining needs and calculating total cost of items purchased.

C. Any trade-in allowances determined by the Contractor shall be deducted from the established current price before the discount is applied. The formula will be to deduct the discount from the established current price and then take off the trade-in allowance. (Only for those Purchasing Entities allowed to trade-in equipment for new equipment).

5. Changes in Contractor Contact The Contractor shall notify the Contracting Officer of any changes in the company status, such as mergers, sell offs, discontinuation of equipment, addition of equipment lines and changes in the contact information of the Contract. The Contracting Officer shall be able to contact the Contractor at all times during business hours.

6. Contract Provisions for Orders Utilizing Federal Funds.

Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.

7. Warranty-Equipment/Options/Accessories/Attachments

A. The Contractor agrees the products furnished under this Contract shall be covered by all

Issued by the State of Oklahoma Solicitation Number OK-MA-192-23, Attachment B, SCOPE OF WORK commercial warranties the Contractor provides for such products, and rights and remedies provided herein are in addition to and do not limit any rights afforded by any other clause of this Contract.

B. The Contractor warrants that at the time of delivery, all equipment purchased under this Contract will be free from defects in material or workmanship and will conform to the specifications and all other requirements of this Contract.

C. All warranty work performed, and parts/materials supplied shall meet original equipment manufacturer (OEM) warranty requirements. Equivalent substitutions must be approved by the Purchasing Entity contact person prior to installation.

D. Warranty work performed not meeting specifications or found to be defective, shall not be accepted. The Contractor shall be required to make repairs or corrections at no additional cost to the Purchasing Entity.

E. Offeror shall furnish a copy of their warranty applicable for the equipment.

All equipment warranties shall start on the date of delivery and shall be for the full term of said warranty.

F. Before actual warranty work begins, ownership of the equipment shall be established to ensure the equipment in need of repair belongs to the Purchasing Entity requesting the service. The following information shall be provided in order to determine ownership of the equipment:

(1) Name of Purchasing Entity and division, if applicable. Make, Model, and VIN of equipment Control number of Purchasing Entity (Inventory number)

G. Repairs made that are covered by a warranty shall not be paid for by the Purchasing Entity.

H. The Contractor shall furnish all necessary supervision, labor, equipment, tools, parts, materials, and supplies needed for the warranty repair work.

I. All persons utilized in the performance of this contract shall be authorized by the Contractor and be fully qualified to perform the warranty work required.