RFP Medical Evaluation for Respirator Use - 3-18-24~1.pdf

State of Illinois RFP V.24.3

STATE OF ILLINOIS

ILLINOIS DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

MEDICAL EVALUATIONS FOR RESPIRATOR USE

B-36297 / 23-PM-R-164135

Section A. SCOPE OF WORK

A.1. OVERVIEW AND PURPOSE

The Illinois Department of Transportation (IDOT) and Illinois Department of Central Management Services (CMS) requests proposals from responsible Offerors to meet its needs.

IDOT and CMS are seeking the services with an agent who has qualified medical providers to administer on-site occupational medical services (at various statewide IDOT and CMS locations), including medical evaluations for respirator use, audiometric testing, and medical surveillance services to monitor employee workplace exposure to respirable crystalline silica, welding fumes and toxic/heavy metals. This procurement will ensure IDOT and CMS meet the occupational medical requirements set forth by OSHA standards (29 CFR 1910 and 29 CFR 1926) and the written safety programs contained within the IDOT's Employee Safety Code (Appendix 6D – Respiratory Protection Program; Appendix 6E – Hearing Conservation Program; Appendix 13A – IDOT’s Medical Surveillance Program), IDOT’s Employee Safety Code is attached separately in Bidbuy under Bid #: 36297 with the relevant Appendices stated above.

This Request for Proposal (RFP) is issued by the Illinois Department of Transportation in cooperation and agreement with the Chief Procurement Officer for General Services. The purpose of this RFP is to establish a contract to enable the Illinois Department of Transportation and Illinois Central Management Services to purchase supplies, or services on an as needed basis during the contract period. Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in the resulting contract for the items in the resulting contract to the Illinois Department of Transportation and Illinois Central Management Services.

The supplies or services subject to the resulting contract shall be distributed or rendered directly to the Illinois Department of Transportation and Illinois Department of Central Management Services. Vendor shall bill both IDOT and CMS separately for its actual share of the costs of the supplies or services purchased. The credit or liability of IDOT and CMS shall remain separate and distinct. Disputes between vendors, and IDOT and CMS shall be resolved between the affected parties.

A.2. DESIRED OUTCOMES OF THIS PROJECT/ENGAGEMENT

A.2.1 The goals of these services are to determine baseline or reference data to help evaluate the significance of future evaluation/testing findings, assess the worker’s capability to properly wear/use respirators required for their job, identify health factors that may preclude performance or require modification of certain work assignments and assist in the early detection of work-related adverse health effects in workers.

The awarded contract shall also be utilized by the Department of Central Management Services (CMS) so that their field staff who are exposed to health hazards, including but not limited to traveling automotive mechanics detailed to IDOT maintenance yards, can be provided occupational health monitoring services. CMS shall be solely responsible for paying their employee’s invoices per agreement between the Department and CMS.

This contract enables IDOT and CMS to purchase services on an as-needed basis during the contract period. The services subject to the awarded contract shall be distributed or rendered directly to IDOT and CMS. Vendor shall bill IDOT and CMS separately for its actual share of the costs of the services purchased. The credit or liability of IDOT and CMS shall remain separate and distinct. Disputes between vendors, and IDOT and CMS shall be resolved between the affected parties.

A.2.2 As part of ongoing occupational health safety programs, the Agencies (IDOT and CMS) requires a comprehensive set of occupational health monitoring/evaluation services for employees who are exposed to health hazards in the workplace. Those services include:

• Medical Evaluations for Respirator Use

• Audiometric Testing

• Medical Surveillance including blood testing.

A.2.2.1 Medical Evaluations for Respirator Use

All services shall be performed in accordance with OSHA’s Respiratory Protection Standards (29 CFR 1910.134 and 29 CFR 1926.103). IDOT and CMS employees will receive a medical evaluation to determine the employee’s ability to use a respirator before the employee is fit-tested or required to use a respirator in the workplace.

A.2.2.1.1 Medical Questionnaire or Initial Medical Examination

On an annual basis, the Agencies (IDOT and CMS) requires employees in their Respiratory Protection Program to complete a medical questionnaire (” Medical Evaluation Questionnaire” form – Attachment A) before being permitted to wear a respirator for work. The questionnaire will be reviewed by the vendor’s Occupational Physician, Occupational Physician Assistant, or Nurse Practitioner who specializes in Occupational Health (or Occupational Medicine) to determine if the employee is medically qualified to wear respiratory protection.

The Vendor will provide the Agencies and the employee the following information regarding respirator usage:

• Whether or not the employee is medically able to use the listed respirator.

• Any limitations of respirator use for the employee.

• What future or follow-up medical evaluations, if any, are needed.

A.2.2.1.2 Follow-up Medical Examination

The Vendor will provide a follow-up medical examination for any employee whose answers on the medical questionnaire to indicate the need and if the initial medical examination demonstrates a need.

The follow-up medical examination shall include any medical tests, consultations, or diagnostic procedures that the Vendor’s Occupational Physician, Occupational Physician Assistant, or Nurse Practitioner who specializes in Occupational Health (or Occupational Medicine) deems necessary to make a final determination as to respirator wear/usage with the approval of IDOT and CMS.

A.2.2.1.3 Additional Medical Evaluations

The Vendor may be required to perform additional medical evaluation at the Agencies (IDOT and CMS) discretion if an employee reports medical signs or symptoms that are related to the ability to wear a respirator, if the physician, supervisor or the respiratory protection program administrator believes the employee needs reevaluated, or if otherwise indicated during fit testing and program evaluation or due to a significant change in workplace conditions.

A.2.2.2 Respirator Medical Testing

A.2.2.2.1 Minimum Tests

For both baseline and annual evaluations to determine respirator qualifications, testing shall consist of the following:

• Health history evaluation

• Pulmonary function test (including blood pressure and pulse)

• Chest X-ray where applicable. Applicability to be determined by the Vendor‘s Occupational Physician, Occupational Physician Assistant, or Nurse Practitioner who specializes in Occupational Health (or Occupational Medicine).

A.2.2.2.2 Test Results

After the minimum tests and evaluation process are completed, a written opinion will be provided which shall include whether the employee is approved, deferred, or denied use of negative pressure respiratory protection or if the employee can only use a positive pressure respirator using the Agencies Respirator QUAL sheet form (see Attachment B). Any confidential medical information is to remain between the employee and the Vendor. Only information which is pertinent to respiratory protection is to be shared with the Agencies.

Lists shall be provided to the Vendor by the Agencies by District/Facility for employees to be tested, listing the respirator criteria category, for each testing date. Updates are to be provided to Vendor as they become available.

Upon request, annual reports shall be provided to the Agencies for all tested employees (alphabetically by last name) listing current Pulmonary Function Test (PFT) status for respirator use. It shall be the responsibility of the Vendor to maintain all necessary files to meet OSHA and Illinois OSHA compliance for respirator programs.

No additional tests are to be conducted other than those listed as Minimum Tests without prior approval from the Agencies Occupational Safety & Health Units. The Vendor must provide recommendations for any additional tests to the Agencies and the employee.

A.2.2.3 Audiometric Testing

A.2.2.3.1 The Agency Hearing Conservation Program is designed to monitor and protect workers with significant occupational noise exposures from occupational noise-induced hearing loss. Employees enrolled in the Agency’s Hearing Conservation Program are required to undergo baseline, annual and termination audiometric testing.

A.2.2.3.2 The Vendor shall provide a Hearing Test Questionnaire form to use as part of the testing process. This form should aid in identifying employee conditions that could affect the employee's ability to hear.

A.2.2.3.3 The Vendor will compare the annual audiogram to the baseline audiogram to determine a standard threshold shift (STS). A re-test will be given within 30 days with an average STS of 10 db in either ear (or within a mutually agreed-upon time/within required standards).

A.2.2.3.4 The Vendor may be required to provide audiograms for other Agencies employees assigned to short-term projects with exposures at or above the permissible limits.

A.2.2.3.5 The Vendor must perform audiometric testing service in accordance with 29 CFR part 1910.95 and 29 CFR 1926.52, OSHA Noise Standards.

A.2.2.4 Medical Surveillance

A.2.2.4.1 Medical surveillance is the systematic collection, analysis, and evaluation of health data in the workplace to identify cases, patterns, or trends suggesting an adverse effect on the health of employees. In order to evaluate potential employee adverse health effects associated with workplace exposure, the vendor shall provide medical surveillance services to the Agency in accordance with IDOT’s Employee Safety Code – Appendix 13A (IDOT Medical Surveillance Program - Attachment C).

A.2.2.4.2 Blood testing under the awarded contract shall be performed by a certified phlebotomist in accordance with current 29 CFR Part 1910.1030, Bloodborne Pathogens.

A.2.2.4.3 It shall be the responsibility of the Vendor to inform the employee of abnormal test results and, if applicable, the increased associated health risks.

A.2.2.4.4 Silica Dust

For employees with occupational exposure to silica dust, the Vendor shall collect a thorough medical and work history that involves the respiratory system, history of tuberculosis, and smoking status/history. The Vendor will provide a physical examination, a chest x-ray interpreted and classified by a certified B reader, a pulmonary function test for Forced Vital Capacity and Forced Expiratory Volume, test for latent tuberculosis infection and any other tests deemed appropriate by the physician.

A.2.2.4.5 Heavy Metals

For employees with occupational exposure to heavy metals, the Vendor shall provide blood testing and analysis services as indicated in IDOT’s Employee Safety Code – Appendix 13A (IDOT Medical Surveillance Program - Attachment C).

A.2.2.4.6 Lead

The Vendor shall provide blood testing and analysis services for lead and zinc protoporphyrin every six months for those employees exposed at or above the action level for more than 30 days in a twelve-month period.

A.2.2.4.7 Cadmium

The Vendor shall collect a medical and work history along with biological monitoring upon initial hire and for any employee who is exposed above the action level on 30 or more days per year. Biological monitoring includes Cadmium in urine, Beta-2 microglobulin in urine and Cadmium in blood.

A.2.2.4.8 Chromium

The Vendor shall collect a medical and work history of employees along with a physical exam of the respiratory system and skin, as well as any other tests deemed necessary from the histories. This testing shall be provided annually for those Agency employees exposed at or above the action level for 30 or more days per year.

A.2.2.4.9 Beryllium

The Vendor shall collect from employees a thorough medical and work history that involves the respiratory system and skin along with a pulmonary function test for Forced Vital Capacity and Forced Expiratory Volume, a standardized BeLPT or equivalent blood test, low dose computed tomography scan (optional, per occupational physician/assistant or nurse practitioner recommendation) and any other tests deemed necessary from the health history evaluation histories. This testing shall be provided every two years for those employees exposed at or above the action level for 30 or more days per year.

A.2.2.5 Medical Care During Services

As directly related to mobile/in-person medical services provided, the Vendor shall provide emergency care to Agency staff, as needed, during the medical testing processes.

A.2.2.6 The Vendor must provide at least one mobile unit with private rooms, air conditioning and heating and must be capable of functioning independent of any Agency electrical or water source. This unit must comply with all OSHA standards that are applicable to the services required under the awarded contract (Section A.2) The Agencies maintains the right to inspect the mobile unit and require corrective measure if the mobile unit is found to be unacceptable as a mobile medical facility.

A.2.2.7 Identify who will be conducting audiometric tests and provide documentation (for the identified individual) of credentials that meet the criteria listed in Section D.4.7.

Audiometric tests shall be performed on-site by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation (CAOHC), or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms, and properly using, maintaining, and checking calibration and proper functioning of the audiometers being used. A technician who operates microprocessor audiometers does not need to be certified. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist, or physician.

A.3. SCHEDULE

Procurement Schedule

Tentative RFP Posting Date to BidBuy March 18, 2024

Offeror Questions Submission Deadline April 8, 2024, at 1:00 PM CST

Tentative Date for Posting of Answers to Offeror Questions April 11, 2024

RFP Offer Submission Deadline April 18, 2024, at 1:30 PM CST

Evaluation Period May 6 — 20, 2024

Anticipated Notice of Award July 8, 2024

Anticipated Contract Start Date July 22, 2024

A.4. TERM

A.4.1. TERM OF THIS CONTRACT: The contract resulting from this procurement will have an initial term commencing Upon Execution and ending 60 months after execution date. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years.

Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

A.4.2. RENEWAL: Subject to the maximum total term identified above, the State has the option to renew for the following term(s): 60 months.

A.4.2.1. Pricing for the renewal term(s), or the formula for determining price, is in the Pricing section of this solicitation.

A.4.2.2. Any renewal of the resulting contract is subject to the same terms and conditions that apply to the initial term of the contract unless otherwise provided. The State may renew the contract for any or all of the option periods specified, may exercise any of the renewal options early, and may exercise more than one option at a time based on continuing need and favorable market conditions, when in the best interest of the State. The contract may neither renew automatically nor renew solely at the Vendor’s option.

Section B. CURRENT CONDITIONS

B.1. OVERVIEW & BACKGROUND

The Agency has to be in compliance with OSHA 29 CFR standards and not jeopardize the safety of and pose potential health risks to our Highway Maintainers and other IDOT employees exposed to occupational hazards such as noise, harmful dusts, cadmium, lead, zinc, etc. Employees who perform certain job tasks that require the use of respirators would be unable to perform those duties (abrasive blasting, welding/cutting/brazing operations, bridge work involving grinding, cutting, blasting or torching on lead-based paint, concrete hammering or saw cutting, confined space entry rescue, etc.).

These services are a continued-need for the Agency. IDOT is responsible for being in compliance with OSHA via implementation of our written safety programs contained in our Employee Safety Code. This requires the Agency to provide these medical services by qualified and properly credentialed medical professionals.

B.2. VOLUMES & QUANTITIES

A contract for these services has been in place since the Department developed its respiratory protection program in approximately 1993.

B.3. AREAS OF CONCERN/CHALLENGES

The challenge for the vendor is to provide on-site services statewide throughout all of the Agency’s five (5) regions via the use of an independently functioning mobile unit that complies with all OSHA standards. The efficient coordination of scheduling services between the vendor and Agency is a continual challenge due to weather, staffing and work schedules which all impact the Agency’s safety-sensitive field workforce.

B.4. STRENGTHS

These services play a vital role in ensuring the safety of Agency employees. Having dedicated liaisons with the vendor to ensure smooth coordination of services works very well. The vendors willingness and ability to strategize in accommodating both parties' scheduling needs makes the provision of timely services smooth and efficient as well as fosters good working relationships.

B.5. FIGURES, DIAGRAMS, & REFERENCE DOCUMENTS:

• Medical Evaluation Questionnaire” form – Attachment A

• Agencies Respirator QUAL sheet form - Attachment B

• Appendix 13A (IDOT Medical Surveillance Program - Attachment C)

Section C. PROPOSAL REQUIREMENTS Only Electronic Submissions through BidBuy of Offers will be Accepted

C.1. REQUIRED DOCUMENTS TO COMPLETE AND SUBMIT

The Offeror shall submit the listed documents in BidBuy under the Attachments tab in the appropriate “Required Attachments” spaces.

• Vendor Disclosure or IPG Active Registered Vendor Disclosure

• Offer to State (Including Subcontractor Disclosure and Where Services are to be

Performed, found in BidBuy Attachments.)

• Technical response

• Commitment to Diversity

• BEP Utilization Plan for 14% Participation Goal

Blank documents may be found on the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html and on the BidBuy posting under “File Attachments:”. Business Enterprise Program/Veterans Small Business Program Utilization Plan may be downloaded from the Commission on Equity and Inclusion’s website at https://cei.illinois.gov/business-enterprise-program/compliance.html.

Failure to submit Vendor Disclosure or IPG Active Registered Vendor Disclosure, as applicable, and the Utilization Plan(s), as applicable, with the Offer submitted in BidBuy shall render the Offer non-responsive.

Offerors are required to submit their response to the State’s solicitation through BidBuy. Any information sent to the State outside of BidBuy, for example by US Mail, FedEx, UPS, e-mail, or hand delivery, will neither be accepted nor considered. Offeror submissions will only be considered if they are received through BidBuy and on or before the time and date indicated as the “Bid Opening Date” on the BidBuy posting. Any required attachments must be submitted via BidBuy.

Price entries on the Items tab will be locked automatically upon submission of the quote.

E n t e r i n g c o s t , p r i c i n g o r d i s c o u n t i n f o r m a t i o n i n t h e A l t e r n a t e D e s c r i p t i o n m a y r e s u l t i n d i s q u a l i f i c a t i o n . If the agency requires pricing to be submitted in an attachment, Offeror shall upload pricing under the “Required Documents” section on the Attachments tab and check the box “Does the attachment contain any pricing, cost or discount information?”. Failure to check this box allows your pricing to be viewed when bids are opened and will result in disqualification of your offer. NOTE: Do not check “Does the attachment contain any pricing, cost or discount information” if the attachment does NOT include pricing, cost, or discount information.

Documents shall be submitted in an electronic format that is accessible and readable using Microsoft Office suite software or Adobe Reader. Corrupted files shall not be considered. It is the Offeror’s responsibility to check that files are accessible and legible after uploading.

The Offeror is solely responsible for ensuring timely submission of their electronic solicitation response. Failure to allow adequate time prior to the Bid Opening Date to complete and submit https://cpo-general.illinois.gov/solicitation-and-contract-templates.html https://cei.illinois.gov/business-enterprise-program/compliance.html a response to a solicitation, particularly in the event technical support assistance from the State is required, places the Offeror and their offer or response at risk of not being accepted. For assistance in entering information into BidBuy, submitting a Quote, please contact the Help Desk at il.bidbuy@illinois.gov or by phone 866-455-2897.

The State encourages the Offeror to ensure that their BidBuy account is up-to-date. It is recommended that you access your BidBuy account prior to the solicitation due date and time to make sure that your company’s information is up-to-date and your password is current. Files may be uploaded at any time prior to submission.

File size may impact the uploading and downloading speed and may lead to browser time-outs, resulting in failed upload/download attempts. Please consider this dependency when attaching very large documents.

OFFEROR INSTRUCTIONS TO SUBMIT IN BIDBUY

Create Quote:

OFFEROR INSTRUCTIONS TO SUBMIT IN BIDBUY

Create Quote General Tab : Save and Continue Items Tab Follow instructions in the Pricing section of the solicitation document as to whether pricing will be entered in the Unit Cost of the Items Tab or submitted as a separate Pricing Document in the Attachments Tab.

Note: any pricing entered in the Unit Cost of the Items Tab will be locked until after Technical Evaluations take place. Do not enter cost, pricing, or any discount information in the Alternate Description field. Entering cost, pricing or discount information in the Alternate Description may result in disqualification.

Terms and Conditions Tab

: Select “Yes”, “No”, or “Yes with Exceptions” Note: If taking any exceptions to Standard Terms and Conditions an offeror must submit a redline version of the Standard Terms and Conditions with their proposal.

Attachments Tab For each required quote attachment listed:

: “Upload” (next to each required attachment) : “Choose File” Note: If a pricing document is required, mark the box next to the question, “Does this attachment contain any pricing, cost, or discount information?”

Failure to mark this box when attaching a pricing document will result in disqualification.

Check this box ONLY if a separate pricing document is required.

Do NOT check this box for any other required quote attachment such as the Technical Proposal, Vendor mailto:il.bidbuy@illinois.gov

Disclosure / IPG Active Registered Vendor Disclosure, or Utilization Plan(s), or Offer.

Summary Tab : “Submit Quote”

Offerors may also view the “Request for Proposal (RFP) Vendor Submission Instructions Video found at https://cpo-general.illinois.gov/vendor-resources.html

C.2. DUE DATE AND TIME FOR SUBMISSION OF OFFERS

Each solicitation contains the Offer due date and time, appearing as the “Bid Opening Date:” on the BidBuy posting. Offeror shall submit Offers in BidBuy, and the State shall open Offers electronically in BidBuy on the “Bid Opening Date”. The Offer must remain firm for 180 days from opening.

C.3. CONFLICT BETWEEN INFORMATION IN ELECTRONIC DOCUMENTS AND ON BIDBUY

If the State provides information in electronic documents (i.e., the RFP and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in electronic documents is presumed to represent the State’s intent. If the Offeror provides information in electronic documents that is different or in conflict with the information the Offeror provides in BidBuy through their Seller Account, then the information in electronic documents shall represent the Offeror’s intended submission.

C.4. PUBLISHED PROCUREMENT INFORMATION

The State publishes procurement information, including solicitations, awards, and amendments, on the Chief Procurement Officer for General Services’ Illinois Procurement Bulletin, known as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Offeror is responsible for monitoring BidBuy. The State will not be held responsible if Offeror fails to receive the optional e-mail notice of future amendments to the solicitation.

C.5. INFORMATION CONTACT

The individual listed in the “Info Contact:” field on the BidBuy posting shall be the single point of contact for this solicitation. Unless otherwise directed, Offeror should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any Offer with any State officer or employee other than the Information Contact.

https://cpo-general.illinois.gov/vendor-resources.html https://www.bidbuy.illinois.gov/bso/

C.6. OFFEROR QUESTIONS AND AGENCY RESPONSE

All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact – Omolara.Erewele@illinois.gov no later than Ten (10) days prior to the Bid opening date. Questions received and Agency responses may be posted as a Bid Amendment to the original solicitation on BidBuy; only these posted answers to questions shall be binding on the State. Offeror is responsible for monitoring BidBuy and BidBuy email notifications.

C.7. PRE-SUBMISSION CONFERENCE

The Agency may conduct a Mandatory or Non-Mandatory Pre-Submission Conference, listed in the “Pre-Bid Conference:” field of the BidBuy posting. Please refer to BidBuy for this information.

If attendance is mandatory, Offeror (current contractor included) will be disqualified and considered non-responsive if Offeror does not attend, is not on time, leaves early, or fails to sign the attendance sheet. Offeror must allow adequate time to accommodate security screenings at the site.

C.8. SMALL BUSINESS SET-ASIDE

In the Bulletin posting, if “Yes” is shown to the question “Is this a Small Business Set- Aside Procurement?”, then Offeror must be registered by the Illinois Small Business Set- Aside Program at the time Offers are due for the Offer to be evaluated. For requirements on qualifying Offeror’s business in the Small Business Set-Aside Program, please go to the Chief Procurement Office for General Service’s website at https://cpo-general.illinois.gov/sell-2-illinois.html .

C.9. BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES

ACT PARTICIPATION AND UTILIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation contains a goal, then failure to complete and submit a Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, shall render the Offer non-responsive. 30 ILCS 575/4(e). All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy no later than 7 days prior to Bid Opening date. See the Utilization Plan for NIGP codes used to establish this goal.

BEP Goal: 14%

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by the Illinois Commission on Equity and Inclusion as BEP/VBP vendors mailto:Omolara.Erewele@illinois.gov https://cpo-general.illinois.gov/sell-2-illinois.html https://cpo-general.illinois.gov/sell-2-illinois.html prior to the Bid Opening Date. The following NIGP Codes were used to calculate the Business Enterprise Program goal:

948-44 – Health Physical Services

948-74 – Professional Medical Services

948-55 – Medical & Laboratory Services, Non-Physical

Go to https://cei.illinois.gov/business-enterprise-program.html for complete requirements for BEP certification. Go to State of Illinois Commission on Equity and Inclusion at https://ceibep.diversitysoftware.com/ to search for certified BEP vendors.

C.10. VETERAN SMALL BUSINESS PARTICIPATION AND UTLIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy. See the Utilization Plan for NIGP codes used to establish this goal.

VBP Goal: N/A

Go to https://cei.illinois.gov/veterans-business-program.html for complete requirements for Veteran Owned Small Business (VOSB) or Service-Disabled Veteran Owned Small Business (SDVOSB) certification. Go to State of Illinois Commission on Equity and Inclusion at https://ceibep.diversitysoftware.com/ to search for certified VOSB and SDVOSB vendors.

C.11. SECURITY

Bid/Performance Bond: $N/ A. If a bond is required, Offeror must submit the Bid Bond with your offer or Performance Bond to the Information Contact within ten (10) days after contract execution. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

C.12. TERMS AND CONDITIONS

Standard Terms and Conditions will become a part of any resulting contract. To view the Standard Terms and Conditions, please go to https://cpo-general.illinois.gov/solicitation-and-contract-templates.html.

https://cei.illinois.gov/business-enterprise-program.html https://ceibep.diversitysoftware.com/ https://cei.illinois.gov/veterans-business-program.html https://ceibep.diversitysoftware.com/ https://cpo-general.illinois.gov/solicitation-and-contract-templates.html

Section D. EVALUATION PROCEDURES

D.1. EVALUATION PROCESS

The State assesses each Offer for Responsibility (E.10) and Responsiveness. The State considers the information provided and the quality of that information when assessing Offers. If the State finds a failure or deficiency, the State may reject the Offer or reflect the failure or deficiency in the assessment.

There are three scored parts to each proposal – technical, commitment to diversity, and pricing. Each part of the proposal is evaluated and ranked independently of the other parts of the proposal. The results of the evaluation of all three parts shall be used in ranking the proposals.

The State may award to the most responsive and responsible offeror whose offer best meets the specified criteria.

D.2. RESPONSIVENESS

A responsive offeror is one who submits an offer that conforms in all material respects to the Request for Proposal and includes all required forms.

D.2.1. The State will determine whether the Offeror complied with the instructions for submitting offers. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that an Offeror correct deficiencies as a condition of further evaluation.

D.2.2. Subcontractor Disclosure: If the Offer includes any subcontractors, then Offeror shall complete the Subcontractor Disclosure section of the Offer to the State of Illinois.

D.2.3. If completing IPG Active Registered Vendor Disclosure, then responsiveness may include and may not be limited to:

• Active Illinois Procurement Gateway registration # with expiration date

• Certifications timely to this solicitation

• Disclosure of lobbyists for Offeror and parent entity(ies)

• Disclosure of pending and current contracts

D.2.4. If completing Vendor Disclosure, required parts may include and may not be limited to:

• Business and Directory Information: Offeror should complete and return the Business and Directory Information form in Vendor Disclosure, Part 1.

• Illinois Department of Human Rights (IDHR) Public Contracts Number: Offeror shall complete and return the IDHR Public Contracts Number form in Vendor Disclosure, Part 2.

• Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting an Offer and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Vendor Disclosure, Part 3.

• Standard Illinois Certifications: Offeror shall complete and return the Standard Illinois Certifications form in Vendor Disclosure, Part 4.

• State Board of Elections Registration: Offeror may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Vendor Disclosure, Part 5.

• Disclosure of Business Operations with Iran: Offeror should complete and return the Disclosure of Business Operations with Iran form in Vendor Disclosure, Part 6.

• Financial Disclosures and Conflicts of Interest: Offeror shall complete and return the Financial Disclosures and Conflicts of Interest form in Vendor Disclosure, Part 7.

• Taxpayer Identification Number: Offeror should complete and return the Taxpayer Identification form in Vendor Disclosure, Part 8.

D.2.5. The State will determine whether the Offer meets the stated Technical requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no offeror meets a particular Technical requirement, the State may waive that requirement.

D.2.6. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof that the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance, and desired characteristics.

D.3. EVALUATION METHODOLOGY

The Technical Requirements are described in Sections F.1., F.2., F.3., F.5, and F.6. The State evaluates the Technical Requirements without consideration of price.

D.3.1. Total Number of Points Available for Technical Requirements is: 750.

D.3.2. Offeror shall complete and return Sections F.1., F.2., F.3.

D.3.3. Relative Weight in Point Format

Technical Requirements Points Available

Mandatory Requirements without Evidence 0; all must be agreed to and are evaluated as pass or fail

Mandatory Requirements with Evidence 0; all must be met and are evaluated as pass or fail

Capability and Experience of the Vendor 300 Points Technical Ability and Methodology of the Vendor 275 Point Resources 175 Points

D.4. COMMITMENT TO DIVERSITY ELEMENTS

Sections 20-15 and 35-30 of the Illinois Procurement Code (30 ILCS 500/) require offerors to be evaluated on their commitment to diversity. The points available for Commitment to Diversity are described in Section F.4. and are equivalent to 20% of the Technical Requirements points. The State evaluates Commitment to Diversity without consideration of price.

D.4.1. The total number of points for Commitment to Diversity is 150

D.4.2. Offeror shall complete and return Section F.4 Commitment to Diversity

D.4.3. Commitment to Diversity Categories: The percentages at the end of each section reflect the weighted distribution of points available identified in D.4.1.

Commitment to Diversity Categories (150 Points) Points Category 1 – BEP Compliance - Whether or how well the Offeror meets this solicitation’s goal of contracting or subcontracting with businesses owned by women, minorities, or persons with disabilities. 5%

Category 2 – Subcontracting/Contracting with any WMD businesses (not limited to BEP vendors) - Whether the Offeror assisted businesses owned by women, minorities, or persons with disabilities. 10%

Category 3 – Diversity, Equity and Inclusion (DEI) Spend – Offeror’s percentage of business, education and/or community spend from prior calendar year gross revenue that involves businesses owned by women, minorities and/or persons with disabilities. The assisted businesses are not required to be certified in the Illinois Business Enterprise Program. 20%

Category 4 – DEI Time - Offeror’s hours spent in the prior calendar year on promoting DEI in the workplace, the community, education institutes, or supporting businesses owned by women, minorities, or persons with disabilities. The assisted business is not required to be certified in the Illinois Business Enterprise Program. The success or failure of each event does not impact the points achieved. The event may be voluntary or paid time. 20% Category 5 – DEI Policies - Entity has provided a written copy of, or link to, their current written workforce diversity, equity, and inclusion policy. Policies must be actionable plans, not overarching concepts around DEI. 10%

Category 6 – Diversity in Staffing - % of individuals on governing board and/ or Senior executives out of all staff who identify as women, minorities or person with disabilities. 10% % of individuals in management /supervisor positions out of all staff who identify as women, minorities or person with disabilities. 13% % of total staff who identify as women, minorities or person with disabilities.

12%

D.5. MINIMUM REQUIRED POINTS

Requests for Proposal may specify that offerors must receive a minimum number of points in their Technical and Commitment to Diversity proposals combined to be considered for price evaluation and award.

The State determines how well offers meet the Technical and Commitment to Diversity requirements and rank the offers from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. Offerors who receive fewer than the minimum required points will not be considered for price evaluation and award.

D.5.1. The total number of available points for Technical and Commitment to Diversity is 900.

D.5.2. A minimum of 750 of the available (Technical and Commitment to Diversity) points is required for price evaluation and award consideration.

D.6. PRICE

The State opens Price proposals after evaluating all Technical and Commitment to Diversity proposals.

If the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State determines whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all price proposals submitted, other known prices, the project budget, and other relevant factors.

D.6.1. The total number of points for Price is 100.

D.6.2. The State will determine Price points using the following formula:

Maximum Price Points X (Lowest Price/Offeror’s Price) = Total Price Points

D.7. MAXIMUM AVAILABLE POINTS

The maximum number of points is 750 (Technical) + 150 (Commitment to Diversity) + 100 (Price) = 1,000 maximum available points.

Section E. ADMINISTRATIVE REQUIREMENTS

E.1. GOVERNING LAW AND FORUM

Illinois law and rules govern this solicitation and any resulting contract. Offeror must bring any action relating to this solicitation or any resulting contract in the appropriate court in Illinois. This document contains statutory references designated with “ILCS”.

To view the full text, go to http://www.ilga.gov/legislation/ilcs/ilcs.asp . The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 ILL. ADM.

CODE PART 1) are applicable to this solicitation. To view them respectively, go to http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7) and https://www.ilga.gov/commission/jcar/admincode/044/044parts.html

E.2. PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT

Offers become the property of the State. All offers will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Offeror requests in its Offer that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Offers confidential. Offerors must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Offeror’s name, the substance of the Offer, and the price.

If Offeror requests confidential treatment, Offeror must submit additional copy/copies (see Instructions for Submission of Offers in Section C.) of the Offer with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed and shall retain as much of the Offer as possible. In a separate attachment, Offeror shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Offeror will hold harmless and indemnify the State for all costs or damages associated with the State defending Offeror’s request for confidential treatment. Offeror agrees that the State may copy the Offer to facilitate evaluation, or to respond to requests for public records. Offeror warrants that such copying will not violate the rights of any third party.

http://www.ilga.gov/legislation/ilcs/ilcs.asp http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7)%20%20 https://www.ilga.gov/commission/jcar/admincode/044/044parts.html

E.3. MINORITY CONTRACTOR INITIATIVE

The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any offeror awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

E.4. FEDERAL FUNDS

The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of supplies and/or services involved that are Federally funded and the dollar amount of such Federal funds will be disclosed.

E.5. EMPLOYMENT TAX CREDIT

Offerors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits [35 ILCS 5/216, 5/217].

E.6. RESERVATIONS

Offeror must read and understand the solicitation and tailor the Offer and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all offers, award by item/services, group of items/services, or grand total, and waive minor defects. The State may request a clarification, inspect Offeror’s premises, interview staff, request a presentation, or otherwise verify the contents of the Offer, including information about subcontractors and suppliers. The State may request Best & Final Offers when appropriate. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code, rules and other applicable State and Federal statutes and regulations. This competitive process may require that Offeror provide additional information and otherwise cooperate with the State. If an offeror does not comply with requests for information and cooperate, the State may reject the offer as non-responsive to the solicitation. Submitting an offer does not entitle Offeror to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any offer.

Awarded Offeror(s) shall not commence and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

E.7. AWARD

The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the responsive and responsible offeror whose offer best meets the specified criteria unless otherwise permitted by the Illinois Procurement Code and Illinois Administrative Code. However, if the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, then the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State will determine whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all prices submitted, other known prices, the project budget and other relevant factors. The State will post a notice to the Bulletin identifying the apparent most responsive and responsible offeror.

E.8. INVOICING ADDRESS

The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

E.9. PROTEST REVIEW OFFICE

Offeror may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 ILL. ADM. CODE 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest.

The Protest Review Office’s information is as follows:

Chief Procurement Office Attn: Protest Review Office 300 West Jefferson Suite 128 Springfield, IL 62702 Email: cpogs.pro@illinois.gov

E.10. RESPONSIBILITY

A responsible Offeror is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Offeror is a “responsible” offeror;

mailto:cpogs.pro@illinois.gov an offeror with whom the State can or should do business. For example, the State may consider the following:

E.10.1. A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request of information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, supplies or services after providing the State with a demonstration of the developing technology, supplies, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies.

E.10.2. Other factors…