RFP605CO18001768_Jan_13_25_solicitation_doc.pdf

Solicitation Number: RFP605CO18001768

Human Resources/Organizational Development Assessment

MODOT Request for Proposal (RFPR)

MoDOT - Dept of Transportation

February 09, 2018 - March 01, 2018

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General Header Information

RFP605CO18001768

No. RFP605CO18001768 Title: Human Resources/Organizational Development Assessment Start Date: February 09, 2018 at 11:30:00 AM CST End Date: March 01, 2018 at 2:00:00 PM CST Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: The Request For Proposal (RFP) seeks responses from qualified firms to provide Human Resources/Organizational Development Assessment

ATTENTION VENDORS: You must be a registered MissouriBUYS vendor to review all terms and conditions of this solicitation. Visit https://missouribuys.mo.gov/registration.html to obtain full access.

Delivery Terms: Free On Board Destination Payment Terms: Net 30 Days Payment Notes: Please see requirements under Billing.

Contact Information: MoDOT - Dept of Transportation

Contact Details: If you have any questions, please contact:

Leann Kottwitz 830 MoDOT Drive Jefferson City MO, 65109 United States Tel: 573-751-3685 Leann.Kottwitz@modot.mo.gov

Contact Details: If you have any questions, please contact:

Contact Details: If you have any questions, please contact:

Leann Kottwitz 830 MoDOT Drive Jefferson City MO, 65109 United States Tel: 573-751-3685 Leann.Kottwitz@modot.mo.gov

Selected Categories:

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RFP605CO18001768

NOTICE

Vendor Responsibility

The vendor is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

The State of Missouri's Privacy Policy can be accessed here.

MODOT Section Numbering

Section Numbering All section numbering contained in this solicitation is for the convenience of reference only and is not intended to define or limit the scope of any provision of this solicitation and may not be sequential.

http://www.mo.gov/privacy-policy/

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Solicitation Requirements:

RFP605CO18001768

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation is now posting all of its bid solicitation documents on the new

MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect

Commerce.

For all bid solicitations, vendors now have the option of submitting their solicitation response either as an electronic response or as a hard copy response. As a means to save vendors the expense of submitting a hard copy response and to provide vendors both the ease and the timeliness of responding from a computer, vendors are encouraged to submit an electronic response. Both methods of submission are explained briefly below and in more detail in the step-by-step instructions provided at https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf.

Notice: The vendor is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

• ELECTRONIC RESPONSES: To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the

“Register” button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS, locate the desired solicitation on the Bid Board, and, at a minimum, the vendor must read and accept the Original Solicitation

Documents and complete pricing and any other identified requirements. In addition, the vendor should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Vendors should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:

https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf.

Vendors are encouraged to submit their entire proposal electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a vendor may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation’s specified end date and time. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service.

In the event a registered vendor electronically submits a solicitation response and also mails hard copy documents that are not identical, the vendor should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest.

https://www.missouribuys.mo.gov https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf https://missouribuys.mo.gov https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf

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Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under

Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.

2. Select the Solicitations tab.

3. Select View Current Solicitations.

4. Select My List.

5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.

6. Click on Review Response from the navigation bar.

7. Click on Retract if your response needs to be revised.

8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue to confirm.

9. Click on Respond and revise as applicable.

10. Click on Review Response from the navigation bar and then click on Submit to submit your response.

• HARD COPY RESPONSES: Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Standard Provisions

The solicitation for the procurement of services referenced therein, is being issued under, and governed by, the provisions of Title 7 Missouri Department of Transportation, Division 10 Missouri Highways and

Transportation Commission, Chapter 11 Procurement of Supplies, of the Code of State Regulations. The

Missouri Highways and Transportation Commission (MHTC/Commission), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Offerors attention to said 7

CSR 10-11 for all the provisions governing solicitation and receipt of proposals and the award of the contract pursuant to this solicitation.

1.2. Standard Provisions

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All proposals must be submitted by a responsible officer or employee of the firm. Obligations assumed by such submission must be fulfilled.

1.3. Standard Provisions

MHTC reserves the right to reject any and all proposals for any reason whatsoever. Time is of the essence for responding to the RFP within the submission deadlines.

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Proposal Certification

The Offeror shall provide a fee proposal to MHTC in accordance with the terms of this Request for Proposal

(RFP). All services shall be performed at the fees offered and in accordance with the terms of this RFP.

2.2. Proposal Certification

By submission of the proposal, each Offeror, and in the case of a joint proposal, each party thereto as to its own organization, under penalty of perjury, certifies to the best of its knowledge and belief:

2.2.1. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or any competitor.

2.2.2. Unless otherwise required by law, the proposed prices have not been knowingly disclosed by the

Offeror prior the opening, directly or indirectly, to any other Offeror or to any competitor.

2.2.3. No attempt has been made or will be made by the Offeror to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

2.2.4. The Offeror certifies this proposal is made without any connection with any other person, firm, organization or business entity making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other member, officer or employee or person whose salary is payable in whole or in part from the MHTC/MoDOT is directly or indirectly interested therein, or in any portion of the profits thereof.

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

This document constitutes a RFP from prospective qualified Offerors to provide to the MHTC, as set forth in this RFP. It is the intent of this RFP to have the successful Offeror enter into an Agreement with MHTC

(hereinafter Resulting Agreement), to supply said services as outlined herein.

3.2. Background

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MoDOT operates as a customer focused and results driven, state agency under a decentralized organization structure with headquarters in Jefferson City, Missouri and is governed by the MHTC, a six (6) member Commission appointed by the Governor. The Central Office provides oversight and support to seven (7) geographical districts primarily responsible for delivery of MoDOTs mission and tangible results.

Each district contains approximately fifteen percent (15%) of the total road mileage in the state highway system. MoDOT employs approximately 5,100 full-time employees. About eighty percent (80%) of those employees work in the seven (7) districts with the remainder working in the various divisions within the

Central Office facility.

In calendar years 2011 and 2012, to deal with predicted funding shortages, MoDOT underwent a reorganization and downsizing under the nomenclature of “A Bolder Five Year-Year Direction”. This effort resulted in an 18 percent reduction in staff, the closing of 3 regional district offices, the closing of a number of maintenance and construction operations facilities, and the merger of several Central Office divisions.

Employees competed for positions within the department, including their current positions at the time.

Employees who did not retain their positions competed for other, sometimes lower level positions.

Employees who did not gain a position through competition were laid off.

3.3. Contract Period

The Contract Period for the performance of the services described in this RFP is from the date of the fully executed Resulting Agreement through June 28, 2018. The successful Offeror shall perform any and all the services listed herein as often as requested by MHTC for the entire duration of the Contract Period as defined herein at the Guaranteed-Not-To-Exceed Prices submitted by the successful Offeror in response to this RFP. The budget for this project is $248,500.

3.4. Renewal Period

No renewal options.

3.5. Schedule of Events

Below is the schedule that will be followed. With the exception of the deadline for submission of proposals, MHTC, at its sole discretion without any notification, reserves the right to expand this schedule.

3.5.1. {02/09/2018} Issuance of RFP

3.5.2 {02/16/2018} at 10:00 AM, Central Time. The deadline for Offerors to submit written questions and requests for clarification to the RFP Contact. Leann.Kottwitz@modot.mo.gov.

3.5.3. {02/21/2018} Issuance of Amendment with resolution to any questions submitted.

3.5.4. {03/01/2018} at 2:00 PM Central Time. The deadline for submission of proposals and scheduled public reading of firm names of proposals received.

3.5.5. {04/05/2018} The Notice to Proceed will be issued on or after this date.

mailto:Leann.Kottwitz@modot.mo.gov

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4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1 Scope of Work

For the purpose of identifying opportunities for improvements in efficiencies and effectiveness, and insuring the Department’s long-term sustainability, MoDOT seeks a vendor to provide to MHTC the following services:

•an organizational analysis focusing on the organizational structure of the Department

•the development of a proposed Department organizational structure, and

•the development of a Department succession plan and related organizational change management tools

4.2 Specific Services

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The successful vendor will use commonly accepted, best practice, valid, and reliable organizational assessment methodologies to provide the following services:

Assessment of the existing organizational structure

The consultant will conduct an analysis, using a SWOT (strengths, weaknesses, opportunities, and threats)—or similar framework—assessing the Department’s existing organizational structure and the depth of “bench strength” supporting the existing reporting structure.

The consultant will perform a risk analysis of all management roles to determine frequency of likely voluntary exits in the coming five years in critical functions at MoDOT, and the number of staff ready to move into these positions two years. As part of this analysis, the consultant will conduct and document an analysis of the gap between the high-potential succession candidate profile and the products of the existing incentive structure, including salary and benefits.

The consultant will review the strengths and weaknesses of the existing organizational structure in light of current and future workforce demands and factors impacting the attraction and retention of employees eligible for Senior Management, District Engineer, Executive Management Team positions, and roles directly supporting those. These factors may be organized under any framework proposed by the consultant team to categorize the social, economic, environmental, and political impacts upon MoDOT’s ability to attract and retain staff at all levels of the organization. As part of a “contributing factors” sub-task, the consultant will weigh the impacts of Missouri’s real estate market, the availability of employment options for “trailing” spouses, and the competitiveness of the existing salary grid as factors affecting the retention of employees that could apply to become District Engineers, Senior Management, and Executive staff (or roles directly supporting them).

The consultant will identify potential solutions to these problems, such as remote work locations and telecommuting (among others), and also identify the limitations of these solutions within the policy construct of the existing organizational design.

The consultant will assess the comparative impacts of these, and other, constraints to estimate the number of “layers” remaining in the existing workforce, and estimate the number of years remaining until such a point that the Department is no longer able to retain qualified and experienced staff at current rates of compensation at the grades which are perceived as routes to Executive, Senior Management, and District

Engineer roles.

The consultant will identify existing limitations to cross-functional or horizontal mobility across MoDOT’s

Divisions and Districts, and use this information to assess the long term viability of existing organizational structures within all MoDOT Districts and the relationship between the Senior Management and Executive

Management Teams. Some of these factors will relate to employee retention pipelines—which by federal or state statute, policy, or workplace culture,—feature educational and experiential requirements for advancement.

The consultant will assess the functional limitations of the existing organizational chart in comparison to the operating budget, and identify locations of suboptimal representation on the Senior Management and

Executive Management Teams with regard to various MoDOT functions.

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The consultant will not assess the strengths and weaknesses of individual employees or make a determination on the promotion opportunities available to individuals.

The consultant will instead focus upon the functional relationships connecting MoDOT’s Divisions and

Districts while also realistically assessing the durability of the current organizational structure—in terms of intergenerational transition—in light of existing salary constraints and other negative factors.

Development of a proposed organizational structure

The consultant will propose an organizational structure to address the constraints and challenges identified in the previous task (“Assessment of the existing organizational structure”). This will entail a review of—and attainment of the Director of MoDOT’s concurrence with—the long and short term goals of the organization.

The consultant will review and through their analysis demonstrate an awareness of, the main categories of state DOT workforce organization across the nations, and the strengths and weaknesses of various organizational designs as they impact span of control and division of responsibilities among the Senior

Management, Executive Management Team, and District staff. The consultant will assess and make recommendations concerning the appropriate size of the Executive Management Team in light of the number of positions reporting to each role, and consider the positive and negative aspects of alteration of the current design.

The consultant will develop plural “advancement paths” toward (existing and proposed) District, Senior

Management, and Executive roles as part of the larger business case for the proposed organizational structure. These paths should consider the attraction and retention of employees in light of increased horizontal mobility.

The consultant will describe the reporting structures connecting District functions to those in Central Office, with particular reference to engineering and design, maintenance, construction, traffic operations, and occupational safety, among other functions specified by the project manager.

Development of a succession plan and related organizational change management tools

The consultant will develop a succession plan to guide the implementation of the proposed organizational changes, which will include change management advisory services, diagnostics, and analysis to move the

Department from its existing organizational structure to the proposed design.

The consultant will conduct an assessment of MoDOT’s capacity and readiness for change, including an assessment of the organizational redesign efforts to date and their lingering impacts. This will include an overall (not individualized) assessment of Executive,Senior Management, and District leadership’s readiness for change and the necessary improvements which must be delivered to implement the succession plan.

The consultant will complete a Department-wide succession plan in collaboration with the Director and the project management team. This deliverable should include, at a minimum: (A) a definition and articulation of the need for change and the “change message”; (B) a leadership development plan to improve MoDOT’s internal change management capabilities; and (C) a change management program composed of specific initiatives and actions that MoDOT may implement to prevent or mitigate any potential negative effects of the planned organizational changes. This succession plan will provide details regarding organizational structure changes in Central Office, the Districts, and the functional relationships between them.

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The consultant will evaluate existing and proposed succession planning frameworks, tools, and other technologies that model changes, forecast needs, provide early warning notices of shortcomings in the succession plan and track progress.

The consultant will recommend tools and frameworks for continuous monitoring of workforce data based on these evaluation results.

The consultant will develop a mechanism and procedure to continually monitor and evaluate the succession plan and to update, evaluate, and validate the plan against changes in the workforce, work environment, budgets, organizational changes and evolving customer needs.

The consultant will provide professional advisory services regarding the creation of promotional paths and training needs to sustain core competencies among existing and future MoDOT workforce during the transition period of the succession plan.

The consultant will provide professional advisory services regarding promotional paths which may sustain professional development pipelines to key roles.

A report of findings

The consultant will provide a report to the project management team detailing recommendations regarding the MoDOT organizational structure, succession plan, and change management tools by no later than close of business on June 28, 2018.

4.3 Billing

All billings must be in spreadsheet files itemized by date, the name of the individual performing the work, the hourly rate for that individual, the activity code, a description of the services provided, unit of time, and amount of money charged. All expenses, except for invoices for expert witness services, shall be submitted by the consultant and included in direct cost portion of the project budget. Copies of receipts and printed maps indicating personal vehicle mileage shall be attached to and submitted with the billing.

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND

SUBMISSION

5.1. Required Elements of Proposal

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Each Offeror shall provide a cover letter signed by a responsible officer or employee of the firm stating he/she has read and understands all of the terms and conditions of doing business with

MHTC in response to this request for proposal. The proposal must be divided into sections corresponding to the list of elements described below. The total proposal must address 5.1.1. of this RFP and shall be no more that 14 pages in length, single sided and double spaced. In addition, the proposal may also contain up to 16 pages of resumes.

5.1.1. Experience, Expertise and Reliability - With regard to documenting its experience, expertise, and reliability in performing the requested services, the Offeror must provide information relating to previous and current contractual relationships considered identical or similar in scope to the one anticipated to result between MHTC and Offeror pursuant to this RFP. At a minimum, the following information must be provided:

5.1.1.1. Name, address, telephone number of the entity with whom Offeror has/had a contractual relationship, and a contact person with said entity who can verify all data submitted by Offeror.

5.1.1.2. Contract dates.

5.1.1.3. A brief, written description of the specific services provided by Offeror to the entity, methods used, and the results associated with the specific services provided.

5.1.2. List of any pending legal action(s) involving your firm that could directly or indirectly impact the services provided to MHTC.

5.1.3. Qualifications and Expertise of Key Personnel - Each Offeror must provide detailed information documenting the experience and qualifications of the key personnel who would be assigned to perform work under the Resulting Agreement. Detailed information shall include, but not be limited to, resumes setting forth education, qualifications, previous work assignments, training, continuing education, certifications, etc.

A work assignment organizational chart for the key personnel shall be included in this section. Key

Personnel may be changed if personnel provided in the proposal leave the organization, are promoted or are assigned to another office. Key personnel may be removed at the discretion of the Offeror provided replacements have substantially same or better qualifications or experience. However, in all cases, MHTC retains the right to approve or reject replacements. Key Personnel resumes must be maximum of 2 pages per person and the Offeror may submit up to 8 Key Personnel resumes.

5.1.4. Proposed Method of Performance - Each Offeror must present a written narrative demonstrating the method and/or manner in which it proposes to satisfy the requirements of this RFP. The language of the narrative shall be straightforward and limited to facts, solutions to the problems, and plans of proposed action as well as the timeline for completion of proposed action. The narrative must also include timeline for completion of the plans of the proposed action.

5.1.4.1. By reading the proposal, MHTC must be able to gain a comfortable grasp of the services to be provided and the methods proposed by the Offeror to provide services. A detailed explanation should be included to understand how the services comply with the requirements of this RFP.

5.1.4.2. In order to show feasibility, a timetable setting forth appropriate milestones shall be included in

Offerors proposal, with sufficient detail explaining how Offeror will meet those milestones.

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5.1.5. Proposed Fee - Offerors must complete the pricing information to this RFP as specifically directed therein.

5.1.6. Overall Clarity and Quality fo Proposal: The proposals will be evaluated based on the adequacy of the Offerors response in addressing each of the Required Elements of the Proposal listed above as well as any other evaluation methods referenced in this RFP.

5.2. Submission of Proposals

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5.2.1. Electronic Proposal Format - If a registered vendor is respexhibits, formsonding electronically through the MissouriBUYS System website, in addition to completing the on-line pricing, the registered Vendor should submit completed , and other information concerning the proposal as an attachment to the electronic proposal. The registered vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at:

https://missouribuys.mo.gov/bidboard.html.

In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such vendor may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses.

The vendor should include a complete list of statutory references and citations for each provision of the

RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable. If MHTC determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the RFP.

5.2.1.1. The exhibits, forms, and pricing page(s) provided herein can be saved into a word processing document, completed by the registered vendor, and then sent as an attachment via the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Offeror must include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments.

Electronic copies of the proposal and electronic attachments should be searchable.

5.2.1.2. Offeror may also submit exhibits, forms, Pricing Page(s), etc., via mail or courier service. However, any such submission must be received prior to the specified end deadline for submission.

5.2.1.3. If a registered vendor submits an electronic and hard copy proposal response that are not identical, the vendor must explain which response is valid. Absent such explanation, MHTC will consider the response with the terms most favorable to MHTC.

5.2.2. Hard Copy Proposal Format - In additon to the electronic response, Offeror must submit hard copies of the proposals and they must be mailed or sent by courier to Ms. Leann Kottwitz, General Services

Procurement, Missouri Highways and Transportation Commission, P.O. Box 270, 830 MoDOT

Drive Jefferson City, MO 65109. Proposals should be priced, signed and returned (with necessary Exhibits) to the office of Ms. Leann Kottwitz no later than March 1, 2018, at 2:00 PM central time. Please return the five (5) copies of the proposal. There is no need to designate an “original” copy and all five copies of the document should be identical. The Offeror submitting a proposal via the mail or a courier service or is hand delivering the proposal, the vendor should include completed exhibits, forms, and other information concerning the proposal (including completed Pricing Page(s) with the proposal. The vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

5.2.2.1. The proposal should be page numbered and the signed page numbered "one" from the original

RFP and all signed addendums should be placed at the beginning of the proposal.

https://missouribuys.mo.gov/bidboard.html

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5.2.2.2. The vendor should include one (1) original proposal. The front cover of the original proposal should be labeled original.

5.2.2.3. In addition, the vendor should include one (1) complete electronic copy of their proposal in

Microsoft compatible format on a password protected flash drives. The electronic copy should be in a searchable format to facilitate the evaluation process. The vendor must provide the password so MoDOT can access the documents. The vendor should ensure all media is identical to the vendors hardcopy original proposal. In case of a discrepancy, the original hardcopy proposal document shall govern.

Electronic copies of the proposal and electronic attachments should be searchable.

5.2.3. Signatures - Any form containing a signature line in this RFP and any amendments, pricing pages, etc., must be manually signed and returned as part of the proposal.

5.2.4. Pricing The Offeror is required to specify the pricing associated with this RFP as a firm fixed price.

The Offeror will be required to perform all services listed in this RFP at the prices submitted. MHTC will not be liable for any charges beyond those detailed in the proposal.

5.2.4.1. MHTC shall not make payment to the Offeror in advance of services being rendered by Offeror.

5.2.4.2. Each Offeror is responsible for its own expense in preparing, delivering or presenting a proposal, and for subsequent interviews or negotiations with MHTC, if any, as provided for in this RFP.

5.2.5. Proposal Life Offerors must state within the proposal the length of time during which MHTC may rely on all proposal commitments. All proposals, including quoted pricing, made in response to this RFP and must remain in effect for a period of not less than 90 days after the deadline for proposal submission. Any proposal accepted by MHTC for the purpose of contract negotiations shall remain valid until superseded by a resulting agreement or until rejected by MHTC.

5.2.6. Submission of All Information Required Offeror must submit all the information required herein. Failure to submit all required information shall be sufficient cause for disqualification.

5.2.7. Public Inspection All proposals and the information contained in or related thereto are subject to the Missouri Open Records Act, As such, after contract award and execution of the Resulting Agreement, said information shall be open to public inspection. MHTC assumes no responsibility whatsoever in the event such information is used or copied by individual persons or organizations.

5.2.7.1. Offerors claiming a statutory exception to the Missouri Open Records Act must clearly identify any confidential documents and specify which statutory exception(s) applies. MHTC reserves the right to make determinations of confidentiality. If MHTC does not agree that the information designated a closed record under one of the exceptions to the Missouri Open Records Act, it may either reject the proposal or discuss its interpretation of the allowable exceptions with the Offeror. If an agreement can be reached, the proposal will be considered. If an agreement cannot be reached, MHTC will remove the proposal from consideration for award and return the proposal to the Offeror.

5.2.7.2. MHTC will not consider prices to be confidential information.

5.2.7.3. Offeror must submit its proposal based on the conditions contained in this paragraph without reservations.

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5.2.8. Clarification of Requirements It shall be the Offerors responsibility to ask questions, request changes or clarification, or otherwise advise MHTC/MoDOT if any language, specifications or requirements of the

RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

5.2.8.1. Any and all communications from Offerors regarding specifications, requirements, competitive proposal, etc., must be directed to the RFP Contact listed herein, unless the RFP specifically refers Offeror to another contact. Such communication shall be received by the date and time noted in the Schedule of

Events.

5.2.8.2. Every attempt will be made to ensure that the Offeror receives an adequate and prompt response.

However, in order to maintain a fair and equitable proposal process, all Offerors will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement.

Therefore, Offerors are advised that unless specified elsewhere in the RFP, any questions received after the listed date may not be answered.

5.2.9. After an initial screening of the written proposals, any, or all of the Offerors may be required to give an oral presentation of their proposal. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted. MHTC reserves the right, in its sole discretion, to decide to conduct oral interviews . MHTC reserves the right, in its sole discretion, to determine the oral presentation method, format and location. If an oral presentation is conducted, it is preferred that the key personnel to be assigned to the work, as well as key representatives, be present at and participate in the interview.

5.2.10. Official Position of MHTC, The only official position of MHTC and MoDOT is that which is issued by

MHTC in the RFP or any amendment thereto. No other communication, whether verbal or written, shall constitute an official response.

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

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The following factors shall be considered in the evaluation of the proposals:

6.1.1. Evaluation Criteria - Any agreement for services resulting from this RFP shall be awarded to the

Offeror providing the best proposal to MHTC. After determining responsiveness, proposals will be evaluated in accordance with the following criteria and maximum points per each criterion:

6.1.1.1. Experience, Expertise and Reliability: 20 Maximum Points

6.1.1.2. Qualifications and Expertise of Key Personnel: 25 Maximum Points

6.1.1.3. Proposed Method of Performance: 30 Maximum Points

6.1.1.4. Proposed Fee: 20 Maximum Points

6.1.1.5. Overall Clarity and Quality of Proposal: 5 Maximum Points

6.1.2. Historic Information - MHTC reserves the right to consider historic information and facts, whether gained from Offeror's proposal, presentations or interviews, references, or other sources, including but not limited to the listed subcontractors if any, in the evaluation process.

6.1.3. Responsibility to Submit Information - It is Offeror's sole responsibility to submit information related to the evaluation criteria and MHTC is under no obligation to solicit such information if it is not included with the

Offeror's proposal. Failure to submit such information may cause an adverse impact on the evaluation of Offeror's proposal.

6.2. Proposal Review/ Evaluation

MHTC will select a group of individuals to comprise the proposal review team. MHTC may, in its sole discretion, form a subgroup of the proposal review team, consisting of one or more team members, to comprise a separate proposal evaluation team that would be responsible for evaluating proposals with regard to compliance with RFP requirements. All evaluation team members will use the evaluation criteria stated above and present the evaluations to the review team for further action in the proposal evaluation and contract award process. If MHTC opts to not create a separate subgroup proposal evaluation team, the proposal review team shall also act as the proposal evaluation team.

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

The Resulting Agreement between MHTC and the successful Offeror shall incorporate by reference as its components the following: the RFP and any written amendments thereto and the proposal submitted by the successful Offeror in response to the RFP. In case of a conflict between or inconsistency in the terms contained in the RFP and the proposal submitted by the Offeror in response to the RFP, the terms of the

RFP shall govern. In the event of a conflict between or inconsistency in the terms of the RFP and the

Resulting Agreement, the terms of the Resulting Agreement shall govern. MHTC reserves the right, in its sole discretion, to clarify any relationship in writing and such written clarification shall govern in case of any conflict with or inconsistency in the applicable requirements stated in the RFP and the successful Offeror's proposal.

7.2. MHTC's Representative

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The Human Resources Director is designated as MHTC's representative with authority to act on behalf of

MHTC for the purpose of administering the Resulting Agreement. MHTCs representative may designate by written notice other persons having the authority to act on behalf of MHTC in furtherance of the performance of the Resulting Agreement. Each Offeror shall fully coordinate its activities with the designated representative and shall consult the MHTC representative regarding any problem arising out of the provision of the services to the MHTC pursuant to this RFP and the Resulting Agreement. As the work of the successful Offeror progresses, advice and information on matters covered by the Resulting Agreement shall be made available by the successful Offeror to the designated representative throughout the effective period of the Agreement. MHTC reserves the right to limit the authority of Buyer of Record and MHTCs representative provided herein as it deems necessary in its sole discretion at any time and from time to time throughout the duration of the RFP process and the Contract Period.

7.3. Assignment

The successful Offeror shall not assign, transfer, or delegate any interest in the services to be provided under this RFP and the Resulting Agreement without the prior written consent of the MHTC representative.

The successful Offeror may at its own expense employ clerical or technical assistance in the performance of the services under this RFP and the Resulting Agreement, such clerical and technical assistance provider being as fully bound as the Offeror to all confidentiality and work product provisions of this RFP and the

Resulting Agreement.

7.4. Amendments

Any change in the Resulting Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment approved and signed by representatives of the Successful Offeror and

Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the Successful Offeror and Commission, respectively.

7.5. Disputes

Disputes Under the RFP and Resulting Agreement: The MHTC representative and/or Buyer of Record, as applicable, will decide all questions which may arise as to the quality, quantity, and acceptability of any

Offerors proposals submitted in response to this RFP, and of the services under this RFP and the Resulting

Agreement performed by the successful Offeror and as to the rate of progress of the services; all questions which may arise as to the interpretation of the services to be performed under this RFP and the Resulting

Agreement; all questions as to the acceptable fulfillment of the Resulting Agreement on the part of the successful Offeror; the proper compensation for performance or breach of the Resulting Agreement; and all claims of any character whatsoever in connection with or growing out of the services to be performed or performed by the successful Offeror, whether claims under this RFP and the Resulting Agreement or otherwise. The decision of the MHTC representative and/or Buyer of Record, as applicable, shall be conclusive, binding, and incontestable.

7.6. Successors and Assigns

The Commission and the Offerors agree that this RFP and, as applicable, the Resulting Agreement as well as all agreements entered into under the provisions of this RFP, shall be binding upon the parties thereto and their successors and assigns.

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7.7. Sole Beneficiary

The Resulting Agreement will be made for the sole benefit of the parties thereto and nothing in this RFP or the Resulting Agreement shall be construed to give any rights or benefits to anyone other than the

Commission and the successful Offeror.

7.8. Cancellation of Resulting Agreement

MHTC may cancel the Resulting Agreement at any time by providing the successful Offeror with a written notice of cancellation. Should the Commission exercise its right to cancel the Resulting Agreement, cancellation will become effective upon the date specified in the notice of cancellation.

7.9. Bankruptcy

Upon filing for any bankruptcy or insolvency proceeding by or against any Offeror or assignee, whether voluntarily, or upon the appointment of a receiver for the benefit of creditors, Commission reserves the right and sole discretion to reject the Offerors proposal, or, as applicable, either cancel the Resulting Agreement or affirm the Resulting Agreement and hold the successful Offeror responsible for damages.

7.10. Status of Independent Contractor

The successful Offeror represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be an employee of MHTC or MoDOT.

Therefore, the successful Offeror shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, or other such benefits or obligations.

7.11. Subcontractor

Any Offerors proposal must identify all subcontractors, if any, and outline the contractual relationship between the Offeror and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal. MHTC must approve the successful Offerors subcontracting any portion of the services to be provided under the

Agreement. The successful Offeror is responsible for the performance of any obligations that may result from this RFP and the Agreement and shall not be relieved by the non-performance of any subcontractor.

7.12. MBE/WBE Participation Encouraged

Minority Participation Encouraged: Offerors are encouraged to obtain minority business enterprise

(MBE) and women business enterprise (WBE) participation in this work through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation for M/WBEs (i.e. 10% MBE and 5% WBE participation).

7.12.1. Affirmative Action Program: Offerors are encouraged to submit copies of their existing affirmative action programs, if any. Offerors are also encouraged to directly hire minorities and women as direct employees of the Offerors.

7.12.2. Offerors Responsibility Unconditional: Regardless of which persons or firms, if any, that the successful Offeror may use as subcontractors or suppliers of goods or services for the services to be provided, the successful Offeror ultimately remains responsible and liable to MHTC for the complete, accurate, and professional quality/performance of these services.

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7.13. Nondiscrimination

The Offerors shall comply with all state and federal statutes applicable to the Offerors relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the

Americans with Disabilities Act (42 U.S.C. Section 12101, et seq).

7.14. Executive Order

The Offerors shall comply with all the provisions of Executive Order 07-13, issued by the Honorable

Matt Blunt, Governor of Missouri, on the sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of Missouris position to not tolerate persons who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United States, is incorporated herein by reference and made a part of this Agreement.

7.14.1. Offerors Certification: By signing the proposal to this RFP, the Offeror hereby certifies that any employee of the Offeror assigned to perform services herein is eligible and authorized to work in the United

States in compliance with federal law.

7.14.2. Failure to Comply: In the event the Offeror fails to comply with the provisions of the Executive Order

07-13, or in the event the Commission has reasonable cause to believe that the Offeror has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the

Commission reserves the right to reject the Offerors proposal or, as applicable, impose such contract sanctions as it may determine to be appropriate, including but not limited to contract cancellation, termination or suspension in whole or in part or both.

7.14.3. Incorporation of Provisions: The successful Offeror shall include the provisions of this paragraph in every subcontract. The successful Offeror shall take such action with respect to any subcontract as the

Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance.

7.15. Non-employment of Unauthorized Aliens

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Pursuant to Section 285.530, RSMo., no business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars by the State or by any political subdivision of the State to any Offeror, or for any Offeror receiving a state-administered or subsidized tax credit, tax abatement, or loan from the state, the Offeror shall:

7.15.1. Enrollment in Federal Work Authorization Program: By sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. E-Verify is an example of a federal work authorization program. The Offeror must affirm its enrollment and participation in the E-Verify federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by providing acceptable enrollment and participation documentation consisting of completed copy of the E-Verify Memorandum of Understanding (MOU). For Offerors that are not already enrolled and participating in a federal work authorization program, E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm.

7.15.2. Annual Worker Eligibility Affidavit: By sworn affidavit, affirm that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.