RFP20230404 Waste Disposal Services With Appendices_6-30-23.pdf

i

REQUEST FOR PROPOSALS FOR

WASTE DISPOSAL SERVICES

ISSUING OFFICE

PENNSYLVANIA LIQUOR CONTROL BOARD

BUREAU OF PURCHASING AND CONTRACT ADMINISTRATION

ROOM 312, NORTHWEST OFFICE BUILDING

HARRISBURG, PENNSYLVANIA 17124

RFP NUMBER: 20230404

DATE OF ISSUANCE

JUNE 30, 2023

ii

REQUEST FOR PROPOSALS FOR

WASTE DISPOSAL SERVICES

TABLE OF CONTENTS

CALENDAR OF EVENTS iv

Part I – GENERAL INFORMATION 1

Part II – CRITERIA FOR SELECTION 11

Part III – TECHNICAL SUBMITTAL 14

Part IV – COST SUBMITTAL 19

Part V – CONTRACT TERMS AND CONDITIONS 21 iii

APPENDICES

APPENDIX A, PROPOSAL COVER SHEET

APPENDIX B, CORPORATE SIGNATORY DELEGATION AUTHORIZATION

APPENDIX C, WORKER PROTECTION AND INVESTMENT CERTIFICATION

APPENDIX D, TRADE SECRET CONFIDENTIAL PROPRIETARY INFORMATION

APPENDIX E, COST SUBMITTAL

APPENDIX F, 2022 DISPOSAL VOLUME BY DISTRIBUTION CENTER

iv

CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

Activity Responsibility Date

Questions pertaining to this RFP can be submitted as they arise via email to Issuing Officer Joshua Greene at josgreene@pa.gov from the date of issuance up to, and including, this date and time.

Potential Offerors

All questions must be submitted by

12:00PM ET

on 07/19/23

Answers to questions from Potential Offerors will be posted on an ongoing basis to the Department of General Services eMarketplace website at http://www.emarketplace.state.pa.us/Search.aspx with final posting no later than this date.

Issuing Office

All answers will be provided by 5:00PM ET on

07/26/23

Please monitor website for all communications regarding the RFP.

Potential

Regularly until proposal due date.

Proposal must be electronically submitted via upload into a designated OneDrive folder for which access will be granted by contacting the Issuing Officer.

Proposals must be received at

PLCB by 1:00PM ET on

08/09/23 mailto:josgreene@pa.gov http://www.emarketplace.state.pa.us/Search.aspx

PART I

GENERAL INFORMATION

I-1. Purpose. This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit proposals for the Pennsylvania Liquor Control Board’s (“PLCB”) consideration on behalf of the Commonwealth of Pennsylvania (“Commonwealth”) to satisfy a need for Waste Disposal Services (“Project”). This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

I-2. Issuing Office. The PLCB (“Issuing Office”) has issued this RFP on behalf of the

Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be Joshua Greene, Purchasing and Contracting Administration Division, Room 312 Northwest Office Building, Harrisburg, PA 17124, josgreene@pa.gov, who is the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer.

I-3. Overview of Project. The PLCB is the Commonwealth’s wholesaler and primary retailer of wine and spirits and the agency responsible for regulatory control of beverage alcohol in Pennsylvania. As such, the PLCB seeks waste disposal services primarily for its distribution centers (“DC”) in Philadelphia and Pittsburgh and its e-commerce fulfillment center in East Greenville.

The PLCB seeks appropriate disposal of both alcohol and non-alcohol merchandise through this engagement as product is identified as damaged, expired, mislabeled or otherwise unsellable or unusable. Merchandise may include cases of alcohol product, containers such as gaylords, corrugate, and/or shrink wrapping. The PLCB seeks an Offeror to pick up, transport, and dispose of such merchandise on both regularly scheduled and as-needed bases, in compliance with all applicable Commonwealth and federal laws, regulations and other requirements regarding waste disposal. A majority of merchandise for disposal will be beverage alcohol.

• The Philadelphia DC is operated by KLS Logistics, Inc. and is located at 11601

Roosevelt Boulevard, Philadelphia, PA 19154.

• The Pittsburgh DC is owned and operated by FedEx Supply Chain Inc. and is located at 100 Papercraft Boulevard, Pittsburgh, PA 15238.

• The e-commerce fulfillment center is leased and operated by the PLCB and is located at the East Greenville Business Center at 668 Gravel Pike, Suite 500, East Greenville, PA 18041.

mailto:josgreene@pa.gov

I-4. Objectives.

A. General.

The Offeror shall provide all labor, materials, services, skills, supervision, and necessary equipment to manage and conduct operations in support of the Project.

B. Specific.

• Selected Offeror must have or obtain and maintain the proper Transporter-for-Hire

License issued by the PLCB for the lawful transportation of alcohol, as well as any other licenses or permits required by any applicable authorities, for the selected Offeror and any subcontractors.

• Selected Offeror must pick up waste within ten business days of PLCB request.

• It will be the sole responsibility of the selected Offeror to dispose of waste in a lawful and reasonable manner at a location appropriate for the disposal of such material. The selected Offeror must be able to provide a Certificate of Destruction for each load it handles.

• The selected Offeror will be solely responsible for securing merchandise for disposal while it is in the Offeror’s control and must implement any necessary security measures to guard against theft or other misuse/misappropriation.

• While services will primarily be requested at the aforementioned locations, the PLCB may also request, on a rare occasion, services to dispose of beverage alcohol at any of its Fine Wine & Good Spirits (“FW&GS”) retail stores or licensee service centers (“LSC”) located throughout Pennsylvania, given operational needs. For example, in very rare cases where physical damage to location warrants destruction of all or a significant portion of merchandise.

I-5. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a firm, fixed-price contract containing the Contract Terms and Conditions as shown in Part V. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

I-6. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

I-7. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I-8. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP 20230404 Question”) to the Issuing Officer named in Part I-2 of the RFP. Questions may be submitted as they arise, but no later than the date indicated on the Calendar of Events. The Issuing Officer shall post the answers to the questions to eMarketplace at http://www.emarketplace.state.pa.us/Search.aspx by the deadline stated on the Calendar of Events.

All questions and responses as posted to eMarketplace are considered as an addendum to, and part of, this RFP in accordance with RFP Part I-9. Each Offeror shall be responsible to monitor eMarketplace for new or revised RFP information. The Issuing Office shall not be bound by any verbal information, nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described in Part I-25.

I-9. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this

RFP before the proposal response date, the Issuing Office will post an addendum to eMarketplace at http://www.emarketplace.state.pa.us/Search.aspx. It is the Offeror’s responsibility to periodically check eMarketplace for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to eMarketplace as addenda to the RFP.

I-10. Response Date. To be considered for selection, electronic proposal submissions as described in Part I-11 must be received by the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept hard copy paper or digital media such as flash drives, nor any emailed submissions. The Issuing Office will reject any late proposals.

I-11. Proposal Requirements.

A. Proposal Submission: To be considered, Offerors must contact the Issuing Officer identified in Part I-2 to be granted access to a OneDrive folder that will be created for the submission of proposals to this RFP. Access can only be granted to a single designated email address. After being granted access to the OneDrive folder, the Offeror must upload a single electronic copy of the Technical Submittal and the Cost Submittal using the format provided in Part I-11B. The electronic files must be in Microsoft Office or Microsoft-Office-compatible format and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs.

The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the Proposal Cover Sheet (Appendix A) and Corporate

Signatory Delegation Authorization Form (Appendix B), if needed. See also Part

II-1B.

For this RFP, the proposal must remain valid until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s email address prior to the exact hour and date specified for proposal receipt.

B. Proposal Format: Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all proposal requirements. DO NOT IMBED LINKS TO DOCUMENTS OR WEBSITES WITHIN A TECHNICAL SUBMITTAL; rather, all information to be considered by the Evaluation Committee must be set forth in narrative fashion, including as appendices to the Technical Submittal as per Part I-11B1 below.

Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal should be kept separate from and not included in the Technical Submittal.

Offerors should not reiterate technical information in the cost submittal. Each electronic proposal shall consist of the following separate electronic files:

1. Technical Submittal, in response to Part III, including the following complete, signed Appendices:

a. Appendix A, Proposal Cover Sheet

b. Appendix B, Corporate Signatory Delegation Authorization Form (if applicable).

c. Appendix C, Worker Protection and Investment Certification

d. Appendix D, Trade Secret, Confidential, Proprietary Information

Notice Form (if applicable)

2. Cost Submittal, in response to RFP Part IV;

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified.

I-12. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP.

I-13. Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals.

I-14. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution.

I-15. Prime Contractor Responsibilities. The selected Offeror will be solely responsible for all services offered in its proposal whether it produces them itself or by subcontract. Further, the Issuing Office will consider the selected Offeror to be the sole point of contact with regard to all contractual matters.

I-16. Proposal Contents.

A. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in Part I-16C below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.

If a written statement and redacted version of the proposal is not submitted at the time of the proposal submission, the proposal will be subject to release as submitted with only the financial capability redacted.

B. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained in proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

C. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered for exemption under 65 P.S. § 67.708(b)(11) from public records requests. Refer to Appendix D of the RFP for a Trade Secret Confidential Proprietary Information Notice Form that may be utilized as the signed written statement, if applicable. If financial capability information is submitted in response to Part III of this RFP, such financial capability information is exempt from public records disclosure under 65 P.S. § 67.708(b)(26).

I-17. Best and Final Offers (BAFO).

A. While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining “best and final offers.” To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following, in any combination and order:

1. Schedule oral presentations and/or interviews of potential candidates;

2. Request revised proposals;

3. Conduct site visit(s); and

4. Enter into pre-selection negotiations.

B. The following Offerors will not be invited by the Issuing Office to submit a Best and

Final Offer:

1. Those Offerors which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive.

2. Those Offerors which the Issuing Office has determined in accordance with Part

II-5 from the submitted and gathered financial and other information, do not possess the financial capability, experience, or qualifications to assure good faith performance of the contract.

3. Those Offerors whose score for their technical submittal of the proposal is less than

75% of the total amount of technical points allotted to the technical criterion.

The Issuing Office may further limit participation in the best and final offers process to those remaining responsible offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals.

C. The Evaluation Criteria found in Part II-4, shall also be used to evaluate the Best and

Final offers.

D. Price reductions offered through any best and final cost offers shall have no effect upon the Offeror’s Technical Submittal.

I-18. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I-19. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP.

Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror’s proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror’s proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

I-20. Performance Assumptions. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise provided in this Part I-20. The selected Offeror will have direct access to key decision makers and other personnel throughout the PLCB during the course of this engagement.

I-21. Term of Contract. The term of the contract will commence on the Effective Date and will end after three years. The PLCB, at its sole option, may renew the contract for up to an additional twenty-four months, which may be exercised in a single or multiple monthly increments, in whole or in part. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.

I-22. Offeror’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

A. Offeror and any proposed subcontractor is currently in compliance with and will maintain compliance with the State Adverse Interest Act (71 P.S. 776.1-776.8), and specifically affirms that neither has made, under separate contract with the Issuing

Office, any recommendations to the PLCB concerning the need for the services described in its proposal or the specifications for the services described in this RFP.

B. Offeror has not disclosed and will not disclose any details about its proposal or about its participation as an Offeror or potential Offeror in this RFP to any other firm or individual who is also an Offeror or potential Offeror, nor to any employee or agent of the Commonwealth. This obligation ceases only upon release by the Issuing Office of a Notice of Award of a fully approved and executed contract.

C. If selected for contract negotiations as provided in Part I-22 of this RFP, Offeror will execute a certification that it is not on the then-current list of persons engaged in investment activities in Iran, which list is created by the Pennsylvania Department of General Services pursuant to Section 3503 of the Procurement Code, and that it is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code. Alternatively, such Offeror may demonstrate that it has received an exception from the certification requirement for this solicitation pursuant to Section 3503(e) of the Procurement Code.

D. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.

E. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror.

F. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, nor to any employees or agents of the Commonwealth, and the Offeror shall not disclose any of these items except to the Issuing Office prior to the release by the Issuing Office of a Notice of Award of a fully approved and executed contract.

G. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

H. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

I. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

J. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

K. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.

L. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

M. By submitting its proposal, the Offeror certifies that it is currently compliant with applicable Commonwealth of Pennsylvania labor and workforce safety laws.

N. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.

O. The Offeror is not currently engaged and will not during the duration of the contract engage, in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.

I-23. Notification of Selection.

A. Selection for Contract Negotiations. The Issuing Office will notify all Offerors in writing of the Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

B. Notice of Award of Contract. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror.

I-24. Debriefing Conferences. Upon notification of Selection for Contract Negotiations as described in Part I-23A above, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals.

The Issuing Office will not conduct debriefings more than 30 days after Notice of Award has been sent out. An Offeror’s exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest (See Part I-25 of this RFP).

I-25. RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20C h%2058%20Bid%20Protests.pdf. A protest by a party that has not or has not yet submitted a proposal must be filed no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the issuance date of the Notice of Award. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office, submitted via email to the address identified in Part I-2 above. To be timely, the protest must be received by 4:00 p.m. on the seventh day.

I-26. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to ensure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Issuing Office’s version of the RFP, the Issuing Office’s version shall govern.

I-27. State and Federal Regulatory Requirements. Selected Offeror shall state their understanding of and comply with all Commonwealth and federal regulatory requirements throughout the length of the agreement.

https://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf https://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf

PART II

CRITERIA FOR SELECTION

II-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must:

A. Be timely received from an Offeror (see Part I-10); and

B. Be properly signed by the Offeror, in accordance with Commonwealth law. Include a properly signed Appendix A, Proposal Cover Sheet and Appendix B, Corporate Signatory Delegation Authorization or similar supporting documentation as needed.

The following information is offered to assist Offerors in ensuring proposals are properly signed and substantiated, but is not, and may not be construed as, legal advice:

A. If the Offeror is a corporation, Appendix A, Proposal Cover Sheet must be signed by corporation’s president or a vice president and a secretary, assistant secretary, treasurer, or assistant treasurer. If the two above-listed signatures are not provided, then the proposal should include a copy of a document which provides evidence from which the Issuing Office may reasonably infer signature authority (including but not limited to corporate bylaws, or a corporate resolution).

B. When the Offeror is a limited liability company, the Appendix A, Proposal Cover Sheet must be signed by a duly identified member or manager of the LLC. If the LLC is member- managed, a member must sign. If the LLC is manager-managed, a member cannot bind the LLC; a manager must sign.

C. When the Offeror is a general partnership, the Appendix A, Proposal Cover Sheet may be signed by any partner. When the Offeror is a limited partnership, the Appendix A, Proposal Cover Sheet must be signed by a duly identified general partner. Any other signatories must be substantiated with a valid power of attorney signed by a partner or general partner.

D. An entity operating under a fictitious name can be bound only according to the instructions applicable to the type of organization. Indicate the name of the person or entity owning and registering the fictitious name (e.g.; Doe Corporation, d/b/a The Corner Store) so that the authority of the signatories is clear.

II-2. Technical Nonconforming Proposals. The Mandatory Responsiveness Requirements set forth in Part II-1 above are the only RFP requirements that the PLCB will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in an Offeror’s proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offeror’s proposal.

II-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors.

II-4. Evaluation Criteria. The following criteria will be used in evaluating each proposal:

A. Technical: The Issuing Office has established the weight for the Technical criterion for this RFP as 70% of the total points. Evaluation will be based upon the following:

Soundness of Approach and Offeror Qualifications. The final Technical scores are determined by giving the maximum number of technical points available to the proposal(s) with the highest raw technical score. Points are then awarded to other proposals on a proportional pro-rated basis.

1. Soundness of Approach. Emphasis here is on the soundness of Offerors responses to the tasks and requirements identified in Part III-3, Work Plan. An evaluation of the soundness of approach will consider information such as how the proposed solution meets the requirements of this RFP and how it will integrate into the PLCB’s operations.

2. Offeror Qualifications. This category refers to the capability of the Offeror to meet all requirements of the RFP, including quality, relevancy, and recency of other projects completed by the Offeror and Offeror’s ability to timely and effectively provide all services requested. The Offeror’s financial ability to undertake a project of this size will also be evaluated in this category.

B. Cost: The Issuing Office has established the weight for the Cost criterion for this RFP as

30% of the total points. The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. Points are then awarded to other proposals on a proportional pro-rated basis.

II-5. Offeror Responsibility. To be responsible, an Offeror must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract.

In order for an Offeror to be considered responsible for this RFP and therefore eligible for selection for best and final offers or selection for contract negotiations:

A. The total score for the technical submittal of the Offeror’s proposal must be greater than or equal to 75% of the available technical points; and

B. The Offeror’s financial information must demonstrate that the Offeror possesses the financial capability to assure good faith performance of the contract. The Issuing Office will review the Offeror’s previous three financial statements, any additional information received from the Offeror, and any other publicly available financial information concerning the Offeror and assess each Offeror’s financial capacity based on calculating and analyzing various financial ratios, and comparison with industry standards and trends.

An Offeror’s failure or refusal to provide financial information despite the protections of the Pennsylvania Right to Know Law may thus adversely impact the evaluation committee’s technical score and/or the Issuing Office’s determination of that Offeror’s financial responsibility.

An Offeror who fails to demonstrate sufficient financial capability to assure good faith performance of the contract as specified herein may be considered by the Issuing Office, in its sole discretion, for Best and Final Offers or contract negotiation contingent upon such Offeror providing contract performance security for the first contract year cost proposed by the Offeror in a form acceptable to the Issuing Office.

Based on the financial condition of the Offeror, the Issuing Office may require a certified or bank (cashier’s) check, letter of credit, or a performance bond conditioned upon the faithful performance of the contract by the Offeror. The required performance security must be issued or executed by a bank or surety company authorized to do business in the Commonwealth. The cost of the required performance security will be the sole responsibility of the Offeror and cannot increase the Offeror’s cost proposal or the contract cost to the Commonwealth.

Further, the Issuing Office will award a contract only to an Offeror determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program.

II-6. Final Ranking and Award.

A. After any best and final offer process conducted, the Issuing Office will combine the evaluation committee’s final technical scores and the final cost scores in accordance with the relative weights assigned to these areas as set forth in this Part.

B. The Issuing Office will rank responsible offerors according to the total overall score assigned to each, in descending order.

C. The Issuing Office must select for contract negotiations the offeror with the highest overall score.

D. The Issuing Office has the discretion to reject all proposals or cancel the request for proposals at any time prior to the time a contract is fully executed when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation shall be made part of the contract file.

PART III

TECHNICAL SUBMITTAL

III-1. Statement of the Project.

The PLCB seeks waste disposal services primarily for its DCs and e-commerce fulfillment center identified in Part I-3 of this RFP. the PLCB may also request, on a rare occasion, services to dispose of beverage alcohol at any of its FW&GS retail stores or LSCs located throughout Pennsylvania, given operational needs.

The PLCB seeks appropriate disposal of both alcohol and non-alcohol merchandise through this engagement as product is identified as damaged, expired, mislabeled or otherwise unsellable or unusable. Merchandise may include cases of alcohol product, containers such as gaylords, corrugate, and/or shrink wrapping. The PLCB seeks an Offeror to pick up, transport, and dispose of such merchandise on both regularly scheduled and as-needed bases, in compliance with all applicable Commonwealth and federal laws, regulations and other requirements regarding waste disposal. A majority of the merchandise for disposal will be beverage alcohol.

III-2. Qualifications.

A. Company Overview. The Offeror should provide an overview of the company including years of experience, volume of waste managed, number of clients, experience with hazardous material, knowledge of disposal requirements and service area.

B. Prior Experience. The Offeror must provide three detailed examples of services performed within the last one to three years that are similar in nature and scope to the services stated in this RFP. Experience shown should be work done by your company. Contractor should provide a detailed narrative for each project that includes the following:

1. Project Name

2. Scope and Size of Project

3. Project Start and End Dates

4. Client Name

5. Client Address

6. Client Contact Name, Phone Number and Email address (for reference purposes)

C. Subcontractors: Provide a subcontracting plan for all subcontractors who will contribute to the performance of the Project described in this RFP. The selected Offeror is prohibited from subcontracting or outsourcing any part of the Project without the express written approval from the PLCB. Unless otherwise notified by the PLCB during contract negotiations, upon award of the contract resulting from this RFP, subcontractors included in the proposal submission are deemed approved. For each entity/role included in your subcontracting plan provide:

1. Name of subcontractor with a company overview. This should include ownership structure and number of employees.

2. The specific work supplies or services the subcontractor will perform;

location for work performed; how the work, supplies or services relate to the Project; and the specific timeframe during the term when the work, supplies or services will be provided or performed.

3. Prior experience working with the subcontractor and/or subcontractor’s qualifications for performing the intended function, including resumes (if appropriate and available).

4. The fixed percentage commitment that subcontractor will receive based on the final negotiated cost for the initial term of the prime contract.

5. Number of employees by job category to work on the project.

III-3. Financial Capability. Describe your company’s financial stability and economic capability to perform the contract requirements. Provide your company’s financial statements (audited, if available) for the past three fiscal years, including the company’s Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report, if available. If your company is a publicly traded company, please provide a link to your financial records on your company website in lieu of providing hardcopies. The Commonwealth reserves the right to request additional information it deems necessary to evaluate an Offeror’s financial capability.

Your failure or refusal to provide adequately informative financial information despite the protections of the Pennsylvania Right to Know Law may adversely impact the evaluation committee’s technical score and/or Issuing Officer’s determination of your financial responsibility. Specific documents as identified herein are recommended; alternative materials may be offered to substantiate financial capability. Where the specifically identified documents exist, however, their submission is expected as part your proposal.

III-4. Work Plan. Describe in narrative form your technical plan for accomplishing the work using the task descriptions as your reference point. Modifications of the task descriptions are permitted; however, reasons for changes should be fully explained.

Tasks:

A. Project Implementation

1. Proposals should detail the Offeror’s process for dedication of resources and preparing for the Project, including estimated timeframes, following contract execution.

2. Identify any supplies and/or equipment that may need to be distributed to the DCs and e-commerce fulfillment center, if any.

3. Detail a training plan for DC and e-commerce fulfillment center staff, if any training is necessary in support of the Project.

4. Propose how the Offeror would determine, in collaboration with PLCB, a regular schedule for pickup of waste for disposal from each facility.

Proposals should clearly explain any minimum and/or maximum number weights and/or pallets required for each pickup.

B. Disposal Site(s). The Offeror must demonstrate its ability to utilize waste facilities that will accept the material being disposed of and are appropriately qualified and/or certified to accept and dispose of materials including high proof alcohol.

Proposals should identify all facilities that may be utilized in support of the Project and detail each facility’s qualifications to perform such services in compliance with all applicable Commonwealth and federal laws, regulations and other requirements regarding waste disposal.

C. Ongoing Services. The PLCB and/or its designees will prepare merchandise for pickup and load it onto Selected Offeror vehicles. Merchandise, both alcohol and non-alcohol, will be prepared in pallets, staged, and weighed.

The estimated volume of waste to be disposed of for each DC is provided in Appendix F – 2022 Disposal Volume by Distribution Center in order to provide Offerors with an idea of scope. Appendix F does not convey a guarantee of future volumes.

1. The Selected Offeror must confirm pickup dates and times with PLCB locations prior to each scheduled pickup.

2. All drivers supporting the Project must sign a Bill of Lading stating (at a minimum) the number and weight of pallets in each load. Please also clarify in proposals how the Offeror qualifies, trains, hires and maintains its workforce of drivers, given the nature of the product being transported.

3. Selected Offeror must be able to respond and react to rare, incident-specific requests from PLCB for waste disposal services at other FW&GS and LSC locations in Pennsylvania. Such requests may come, for example, if another location becomes significantly damaged and a significant volume of product needs to be disposed of. Proposals should detail the Offeror’s ability to support such requests.

D. Reporting: See Part III-7. Reports and Project Control.

III-5. Requirements.

A. Obtain and maintain proper licensure. The Offeror must obtain or already possess an appropriate transporter-for-hire license issued by the PLCB for the transportation of alcohol within Pennsylvania. Information on transporter-for-hire licenses can be found on the PLCB website at https://www.lcb.pa.gov/Licensing/ResourcesForLicensees/Pages/Transporters-for- Hire.aspx. PLCB licensure is not required at the time of proposal submission but must be obtained by the selected Offeror prior to performance of services.

If an intended disposal site is located outside of the Commonwealth of Pennsylvania, it is the sole responsibility of the Offeror to ensure compliance with all laws, regulations and restrictions for the transportation and disposal of beverage alcohol and non-alcohol merchandise in other jurisdictions.

Proposal should detail all relevant licenses and permits held by the Offeror, along with an acknowledgment that the selected Offeror is solely responsible for identifying, obtaining and maintaining all such licenses and permits required by any applicable authorities for the lawful support of the Project throughout the term of the contract. This requirement also applies to any subcontractor(s) proposed by an Offeror.

B. Security. Due to the nature of the product being disposed of, it is of utmost importance that all loads are properly secured while in the possession and control of the selected Offeror. Each proposal should clearly identify what security measures will be utilized to safeguard the merchandise from theft from the point of departure from the PLCB facility to delivery at the disposal facility. Proper security also includes timely disposal of each load. A Certificate of Destruction must be provided for every load disposed of. Theft or mishandling of product in the possession and control of the Offeror in performance of these services may result in termination of the Contract and may result in both criminal and civil fines and penalties.

C. Emergency Preparedness. The selected Offeror(s) must be able to provide the services under the resulting Contract in a way that permits the PLCB’s operations to continue in the context of an emergency or disaster, including a pandemic.

III-6. Worker Protection and Investment Certification

Pursuant to Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth is responsible for ensuring that every Pennsylvania worker has a safe and healthy work environment, and the protections afforded them through labor laws.

To that end, contractors and grantees of the Commonwealth must certify that they are in compliance with all applicable Pennsylvania state labor and workforce safety laws. Such certification shall be made through the Worker Protection and Investment Certification Form (Appendix C) and submitted with the Offeror’s proposal.

III-7. Reports and Project Control.

The selected Offeror shall submit reports, receipts, forms and/or controls as the PLCB shall require.

https://www.lcb.pa.gov/Licensing/ResourcesForLicensees/Pages/Transporters-for-Hire.aspx https://www.lcb.pa.gov/Licensing/ResourcesForLicensees/Pages/Transporters-for-Hire.aspx

A. Certificate of Destruction. A Certificate of Destruction must be provided as backup to the Bill of Lading (BOL) with every invoice submitted by the Offeror to the PLCB.

B. Final Report. At the conclusion of the contract, the Selected Offeror must provide to the PLCB a final report detailing, by month and by pickup location, the total number of loads, pallets and pounds disposed of throughout the Project from inception through contract termination.

III-8. Objections and Additions to Standard Contract Terms and Conditions.

The Offeror will identify which, if any, of the terms and conditions (contained in Part V) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office’s sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Part V. All terms and conditions must appear in one integrated contract.

The Issuing Office will not accept references to the Offeror’s, or any other, online guides or online terms and conditions contained in any proposal.

Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Part V. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Part V or to other provisions of the RFP as specifically identified above.

PART IV

COST SUBMITTAL

IV-1. Cost Submittal. The information requested in this Part IV shall constitute the Cost Submittal. The Cost Submittal shall be submitted electronically in accordance with Part I-10A, and costs for this project will be paid at a flat per pound rate. Offerors are to provide a rate card at Appendix E - Cost Submittal Worksheet, with the express understanding that all compensation for this project will be limited to the agreed rate(s). Offerors should not include any assumptions in their cost submittals. If the Offeror includes assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I-7 of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office’s written answer so that all proposals are submitted on the same basis.

IV-2. Reimbursement. The Issuing Office will reimburse the Selected Offeror for work satisfactorily performed after execution of a written contract and the start of the Contract term, in accordance with Contract requirements, and only after the Issuing Office has issued a Notice to Proceed.

IV-3. Invoicing. All invoicing shall occur electronically in the PLCB Supplier Portal. Upon delivery of service, an invoice itemized by Purchase Order line item should be…