RFP605CO24001565_Sep_23_24_solicitation_doc.pdf

Solicitation Number: RFP605CO24001565

MoDOT Statewide Aerial Inspection and Limited Repairs

Qualified Vendor List

MODOT Request for Proposal (RFPR)

MoDOT - Dept of Transportation

April 19, 2024 - May 20, 2024

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General Header Information

RFP605CO24001565

No. RFP605CO24001565 Title: MoDOT Statewide Aerial Inspection and Limited Repairs Qualified

Vendor List Start Date: April 19, 2024 at 9:00:00 AM CDT End Date: May 20, 2024 at 2:00:00 PM CDT Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: This Request for Proposal (RFP) seeks proposals from qualified organizations to establish a Qualified Vendors List for acquiring inspections and limited repair services for aerials, digger derricks, and cranes for MoDOT owned equipment to the Missouri Highways and Transportation Commission (MHTC) and Missouri Department of Transportation (MoDOT). The award period is from the date of the fully executed resulting agreement through June 30, 2027, with up to two (2) one-year renewals. MoDOT will receive bids electronically through MissouriBUYS, by mail through USPS, UPS, or FEDEX. If a Bidder intends to submit a hard copy bid, the buyer of record must be notified five (5) days before the solicitation closing date. MoDOT will not accept proposals responses by email.

Delivery Terms: Free On Board Destination Payment Terms: Net 30 Days Contact Information: MoDOT - Dept of Transportation

Ryan Reed MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 ryan.reed@modot.mo.gov

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

Ryan Reed MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 ryan.reed@modot.mo.gov

Selected Categories:

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RFP605CO24001565

NOTICE

Vendor Responsibility

The vendor is solely responsible for ensuring timely submission of their solicitation 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.

VENDOR'S INSTRUCTIONS

Submission of Bids Vendors should be aware there are exhibits attached to the RFP. Vendors should fill out and sign exhibit required by the Requirements Section 5.1 and any other items that apply. Vendors should attach the exhibits to their bid.

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:

RFP605CO24001565

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation advertises all bid solicitation documents on the

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.

IMPORTANT NOTICE TO ALL VENDORS:

The Missouri Department of Transportation prefers receipt of all bid responses as electronic submissions. Hard copy submissions may be permitted based on the circumstances and content of the relevant solicitation with the approval of the buyer five (5) business days prior to the solicitation close date.

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of the solicitation that it contains all information, terms and conditions contained in the solicitation as it appears digitally on the MissouriBUYS website. In the event of any dispute regarding the contents of the solicitation, the solicitation as it appears digitally on the MissouriBUYS website shall take precedence and priority over any other downloaded or printed version of the solicitation.

The vendor is solely responsible for ensuring timely submission of their solicitation 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.

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 and locate the desired solicitation on the Bid Board. The vendor must read and accept the current Solicitation

Documents and any subsequent addendums, as well as complete pricing and any other identified requirements. Vendors should upload their completed response to these accepted 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/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf https://www.missouribuys.mo.gov https://missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/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.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

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 Offeror's 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. Proposals to be Submitted by Officer or Employee

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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. MHTC Rights Reserved

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.

1.4 Personal Privacy Protection Act Notification

MHTC and MoDOT comply with all provisions in the Personal Privacy Protection Act found in section 105.1500, RSMo, and follow practices to keep confidential and sensitive information secure. Bidders acknowledge that submission of information is voluntary and that MHTC is not asking or requiring the submission of “personal information” as defined in the act. By submitting a bid, Bidders and Contractors agree to not to bring a suit against MHTC, or any employees, under section 105.1500, RSMo.

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

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. Offeror's Certifications

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 to 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

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This document constitutes an RFP from prospective qualified Offerors to provide aerial inspection services and/or repairs for MoDOT owned equipment, as set forth in this RFP. It is the intent of this

RFP to have the successful Offerors enter into an Agreement with MHTC (hereinafter Resulting

Agreement), to supply said product and services as outlined herein.

3.1.1 The purpose of this Qualified Vendor List (QVL) is to enable a more seamless procurement process, foster competition, and promote a reasonable delivery of repaired equipment regardless of market volatility, with consideration to a dealer’s inability to hold pricing for a substantial amount of time due to the current high demand of like products.

3.1.2 The QVL will support purchase of aerial inspection services and/or repairs for the duration of the contract period, as set forth herein. Districts may purchase any variation of the services.

3.1.3 The MoDOT/MHTC QVL is to establish contracts with multiple vendors for use on an as needed, if needed basis in accordance with the usage and quoting requirements specified herein.

Contract awards will be made based upon the vendor’s compliance with the requirements specified herein. The awarded contracts shall not be viewed as exclusive contracts. The State reserves the right to issue subsequent solicitations for the same or similar supplies.

3.2. Background

This is the first time a Qualified Vendor List has been done for these types of services, no background information is currently available. The intent of this RFP is for all Districts which need these services to utilize contracts that stem from this solicitation.

3.3. Contract Period

The Contract Period for the equipment inspection and/or limited repairs described in this RFP is from the date of the fully executed resulting agreement through June 30, 2027. The successful

Offeror(s) shall provide equipment inspection and/or limited repairs listed herein as on an as needed if needed basis per request by MHTC for the entire duration of the Contract Period.

3.4. Renewal Period

The contract shall not bind, not purport to bind, the MHTC for any contractual commitment in excess of the original contract period. The Commission shall have the right, at its sole option, to extend the contract for two (2) one-year renewal periods, or any portion thereof. In the event that the Commission exercises its options to extend the contract, such extension must be accomplished by a formal contract amendment approved and signed by representatives of the Offeror and

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

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3.5. Schedule of Events

Below is the schedule that will be followed. Unless otherwise specified, the time of day will be 7:00 a.m. to 3:30 p.m. Central Time. MHTC reserves the right at its sole discretion to expand this schedule, as deemed necessary, without any notification except for the deadline date for submitting a proposal.

3.5.1. {April 15, 2024} Issuance of RFP

3.5.2 {April 30, 2024} Deadline for Offerors to submit written questions and requests for clarification to the MHTC Representative, ryan.reed@modot.mo.gov.

3.5.3. {May 6,2024} Issuance of Amendment with resolution to any questions submitted.

3.5.4. {May 15, 2024} at 2:00 PM, CST- Deadline for submission of proposals and scheduled public reading of firm names of proposals received.

3.6 RFP Questions

3.6.1 Vendors and their agents (including subcontractors, employees, consultants, or any other entity acting on their behalf) must direct all questions or comments regarding the RFP, the evaluation, etc., to the buyer of record of this RFP. Vendors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process.

Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements.

Vendors and their agents who have questions regarding this matter should contact the buyer of record, Ryan Reed at ryan.reed@modot.mo.gov.

3.6.2 The Buyer of Record will work with MoDOT Central Office Fleet Division when considering if

Vendor questions or comments merit changing RFP language. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal addendum to the RFP.

Absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP addendum. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1 Scope of Work

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This section of the RFP includes the scope of work and provisions that shall govern the contract after RFP award. The content of this section includes mandatory provisions that must be adhered to by the State and the QVL Contractor unless changed by a contract amendment.

4.1.1 Qualified Vendor’s List Utilization and Requirements:

4.1.1.1 The successful Contractors on the Qualified Vendor's List (hereinafter referenced as

QVL) agree to provide onsite inspection and/or repair services (hereinafter referenced as

Services) on aerials, digger derricks, and cranes (hereinafter referenced as Equipment) owned by MoDOT Districts or Divisions (hereinafter referenced as the State) located all throughout the

State of Missouri.

1) The Services must not exceed $25,000.00 per unit of equipment.

2) Services will be completed by a certified mechanic and use manufacture recommended parts.

4.1.1.2 Contractor’s Obligation: Unless otherwise specified herein, the QVL Contractor shall furnish all material, labor, equipment, and supplies necessary to provide the inspection and/or repairs required herein.

1) The State will provide Contractors with specifications for the Equipment that will need to be inspected at the time of a request for Price Quote Request Form (hereinafter referenced as PQF) is sent to the QVL.

2) Inspections shall be done in accordance with American National Standards Institute (ANSI) and/or American Society of Testing Materials (ASTM) standards or the recommended

Manufacturers Inspection Standards, whichever is more stringent.

a. Examples of types of inspections expected include but not limited to visual and operational checks, magnetic particle and ultrasonic inspection, acoustic emissions per ASTM 914-85 or latest revision.

b. Anticipated scheduling for inspections will be defined by the individual MoDOT District or

Division.

c. MoDOT will require all PQFs to be completed within 10 working days after the inspections.

d. MoDOT will require all repairs to be completed within 10 working days after Purchase

Order's (hereinafter referenced as PO) are issued for the repairs. If parts are backordered the vendor must notify the MoDOT point of contact.

4.1.2 Single Point of Contact:

4.1.2.1 The QVL Contractor shall provide the State with a single point of contact regarding all contract use issues such as scheduling, invoicing, delivery, and payment.

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4.1.2.2 As the single point of contact, the QVL Contractor/Subcontractor must provide a minimum of one (1) customer service representative assigned to the State contract. It is highly desirable the

QVL Contractor provide a back-up representative as well. The QVL contractor’s customer service representative and the backup, if provided, must promptly answer questions, and resolve problems that arise. The customer service representative must be available to the State during the QVL contractor’s regular operating hours. Contract representatives shall be available by phone or email. The QVL Contractor/Subontractor shall provide all contact information to the MoDOT

Central Office (CO) General Services (GS) Buyer of Record and keep it maintained and up-to-date through the duration of the contract.

4.1.3 Cooperative Procurement:

4.1.3.1 The Offer will need to reference the Questionnaire Section of this solicitation for cooperative procurement details.

4.1.4 Warranty:

4.1.4.1 A service and parts warranty shall apply when available.

1) The service and parts warranty shall be for 1 year.

2) The warranty shall not become effective until the services are completed and accepted by the

State.

4.1.4.2 QVL Contractor warranty repair work, if done outside of the State of Missouri, must be approved by the MoDOT District General Service Manager.

4.1.5 Price Quote Request Form Requirements:

4.1.5.1 As the State has a need for Services during the contract period, the State will issue an Price Quote Request Form (PQF) substantially in the form of Attachment 1 requesting a quote for firm, fixed price.

1) The State will contact all QVL contractor(s) by sending them a PQF via email.

a. The quote request will identify the equipment, time parameters, services needed and evaluation criteria.

2) The QVL Contractor should complete and return, via email, the PQF and a quote detailing the cost of services by the deadline specified in the request in order for the QVL contractor’s quote to be considered.

a. If completed and returned, the Contractors PQF response shall be valid for thirty (30) days after the specified deadline date.

b. The QVL Contractor shall understand and agree that any preparation costs or a round trip per mile delivery charge shall be included in the quoted price received in the PQF response.

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4.1.5.2 The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quotes, purchase orders placed, and services rendered under the contract.

4.1.5.3 In the event a QVL Contractor cannot provide the services requested by the State, the QVL

Contractor should return the PQF indicating a “No Bid” response.

4.1.5.4 The QVL contractor(s) shall understand that each quote response submitted shall be considered an open record after the PQF has been awarded, unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes. The QVL contractor(s) shall NOT include confidential material with their quote response.

4.1.5.5 The QVL Contractor shall understand and agree that any preparation costs or a round trip per mile delivery charge shall be included in the quoted price received in the PQF response.

4.1.6 Price Quote Request Form Evaluation:

4.1.6.1 The State shall have thirty (30) days to award the PQF from the deadline date of the response.

4.1.6.2 The PQF shall be awarded to the lowest and best QVL Contractor defined by a combination of the following factors.

1) Experience, Expertise and Reliability

a. Historic Information - MHTC reserves the right to consider historic information and facts, whether gained from the Contractor's response, presentations or interviews as applicable, references, or other sources, including but not limited to the listed subcontractors, in the evaluation process.

2) Qualification and Expertise of Key Personnel.

3) Availability and Proximity.

4) Cost

4.1.6.3 Evaluation of Cost – The State shall determine the lowest priced QVL Contractor by performing a cost evaluation in the following manner:

1) The firm, fixed unit price submitted for the services identified in the PQF, hourly service repair price and the percent discount the QVL Contractor will offer on Manufactures Suggested Retail

Pricing (MSRP) parts.

4.1.6.4 The State will send out a PQF Award Record to the QVL Contractors contact list via email substantially in the form of Attachment 2 to notifiy QVL Contractors of a PQF award. Unless otherwise specified, a PQF award is not authorization to proceed with Services. A QVL Contractor shall not proceed with Services without a purchase order or other written authorization from an authorized representative of the State.

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1) If awarded, the QVL contractor’s firm, fixed price quoted for the specific services shall be contractually binding on the QVL Contractor for that specific order placement and fulfillment.

a. The State shall not pay nor be liable for any other additional costs including but not limited to surcharges, taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

4.1.6.5 In the event all quote responses fail to meet the State’s needs, the State may reject all responses and cancel the request for quote.

4.1.6.6 The State reserves the right to award one, some, or all of the Services in a PQF to one

QVL contractor. In the event the State decides to award to multiple QVL contractors, the above cost evaluation will be conducted to determine the lowest and best QVL contractor.

1) The State will document their evaluation justification regarding their award determination of the

“lowest and best” PQF response(s) at the time the quote is awarded.

4.1.6.7 Responsibility to Submit Information - Each Offeror is cautioned that it is the Contractor'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 Contractor's response. Failure of the QVL Contractor to submit such information may cause an adverse impact on the evaluation of their response.

4.1.7 Purchase Order Requirements:

4.1.7.1 The State shall purchase the services specified in the awarded PQF from the awarded

QVL Contractor along with any addition repairs and parts not to exceed $25,000 per unit of equipment. The awarded QVL Contractor must have written approval by the MoDOT District

General Service Manager for additional repairs prior to payment.

1) If the QVL Contractor cannot provide the awarded services in the PQF, the awarded QVL

Contractor may be considered in breach of contract and subject to the remedies specified herein.

2) The State shall document each instance of the QVL contractor’s inability to provide the awarded services as required. If the QVL Contractor continually or consistently is unable to provide the awarded items as required, the Central Office General Services Procurement Division may elect to cancel the applicable QVL Contractor’s contract.

3) If the QVL Contractor who was awarded a PQF cannot fulfill the award the State reserves the right to use the next highest scoring QVL Contractor (as determined in accordance with section

6.1).

4.1.8 Invoicing and Payment Requirements:

4.1.8.1 The QVL Contractor shall submit an itemized invoice to the applicable requesting address for the completion of deliverables, as specified herein.

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4.1.8.2 Each invoice shall be itemized in accordance with items listed on the purchase order and/or contract. The statewide financial management system has been designed to capture certain receipt and payment information. Therefore, each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

4.1.8.3 The QVL Contractor shall understand and agree the State reserves the right to make contract payments to the QVL Contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the QVL Contractor must return a completed state Vendor Input ACH/EFT Application, which is downloadable from the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx. Each QVL Contractor invoice must be on the QVL contractor’s original descriptive business invoice form unless the QVL

Contractor is submitting an integrated electronic invoice (eInvoice) in MissouriBUYS. Each invoice must contain a unique invoice number and the remittance address included in the QVL contractor’s

MissouriBUYS vendor registration. The invoice number will be listed on the State’s EFT addendum record to enable the QVL Contractor to properly apply state payments to invoices. The QVL

Contractor must comply with all other invoicing requirements stated in the RFP.

4.1.8.4 The QVL Contractor shall be paid in accordance with the firm, fixed prices stated on the PQF Award Report after completion of deliverables specified herein and acceptance by the

State.

4.1.8.5 Other than the payment specified above, no other payments or reimbursements shall be made to the QVL Contractor for any reason whatsoever.

4.1.8.6 Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and/or services required herein shall be made in arrears. The State shall not make any advance deposits.

4.1.8.7 The State assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any authorized quantity is subject to the State’s rejection and shall be returned at the Contractor's expense.

4.1.8.8 The State reserves the right to purchase goods and services using the state-purchasing card.

4.1.8.9 The State shall submit contract payments to the QVL Contractor at the remittance address listed in the QVL contractor’s MissouriBUYS vendor registration. Therefore, prior to any payments becoming due under the contract, the QVL Contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx https://missouribuys.mo.gov/

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4.1.8.10 The QVL Contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services

Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

4.1.8.11 Other than the payments specified above, no other payments or reimbursements shall be made to the QVL Contractor for any reason whatsoever including, but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

4.1.8.12 If the QVL Contractor is overpaid by the State, upon official notification by the State, the

QVL Contractor shall provide the State with either (1) with a check payable as instructed by the

State in the amount of such overpayment at the address specified by the State or (2) deduction in the amount of the overpayment from the next monthly invoice as requested by the State. The choice of reimbursement or deduction shall be solely at the discretion of the State.

NOTE: The only official position of the MoDOT shall be that which is contained in the RFP and any addendums thereto.

4.2 Specific Services

The Offerors agree to perform specific services within the above stated scope of work to include, but not be limited to the following:

There are no further specific services.

5. MODOT RFP REQUIRED SUBMISSION SOLICITATION

RESPONSE

5.1. Required Elements of Proposal

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx

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5.1.1 Submission of Solicitation Response: This section of the RFP includes information and instructions to the vendor that are integral to vendors submitting a solicitation response. The contents of this section are informational and instructional. Many of the instructional provisions require certain actions by the vendor in submitting a solicitation response.

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

Vendors must submit their solicitation response as an electronic response. The electronic method of submission is explained briefly below and in more detail in the step-by-step instructions provided at

a. https://missouribuys.mo.gov/sites/missouribuys/files/FINALHowToRespondToASolicitation_v2.7.

09.16_revised_12.01.18.pdf (This document is also on the Bid Board referenced above.) Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any attachments.

b. In order to become a registered vendor, the vendor can register by going to the MissouriBUYS

Home Page referenced above, clicking the “Register” button at the top of the page, and completing the Vendor Registration.

2) The vendor is solely responsible for ensuring timely submission of their solicitation 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.

a. The vendor understands and agrees that regardless of any other reference herein which implies acceptance of other than electronic proposals, until otherwise notified by a subsequent addenda, only electronic proposals through MissouriBUYS can be accepted at this time.

3) Electronic Response in MissouriBUYS: Vendors must submit their entire response electronically through the MissouriBUYS System website. The registered vendor should submit completed exhibits, forms, and other information concerning the solicitation as an attachment to the electronic response. The registered vendor is instructed to review the solicitation submission provisions carefully to ensure they are providing all required information.

5.1.2 The exhibits and forms provided herein can be saved, completed by a registered vendor, and then sent as an attachment to 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.

https://www.missouribuys.mo.gov/ https://missouribuys.mo.gov/sites/missouribuys/files/FINALHowToRespondToASolicitation_v2.7.09.16_revised_12.01.18.pdf https://missouribuys.mo.gov/sites/missouribuys/files/FINALHowToRespondToASolicitation_v2.7.09.16_revised_12.01.18.pdf

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1) To ensure software compatibility with the MissouriBUYS system, the vendor should complete attachments using Microsoft Word or Microsoft Excel, or if using a different application for completing attachments, the vendor should save the completed attachment as a searchable PDF document in order to preserve the formatting. A vendor’s failure to follow these instructions and instead use a different application or method for completion and submission of attachments could render some of the vendor's response in their attachments to be unreadable which could negatively impact the evaluation of the vendor's response.

5.1.3 Compliance with Requirements, Terms and Conditions: Vendors are cautioned that the

State of Missouri shall not award a non-compliant proposal. Consequently, any vendor indicating non-compliance or providing a response in conflict with mandatory requirements, terms, conditions or provisions of the RFP shall be eliminated from further consideration for award unless the state exercises its sole option to competitively negotiate the respective proposal(s) and the vendor resolves the noncompliant issue(s).

1) Vendor submitted terms and conditions or other material purporting to add additional or conflicting terms shall not be considered part of the Resulting Agreement unless expressly agreed to by MHTC in a written communication. Such Vendor submitted additional and/or conflicting terms and conditions may render a Vendor’s proposal non-responsive.

5.1.4 Solicitation Submittal Documentation - The vendor should include the following completed

Exhibits and any other documentation requested or required herein with the proposal. The vendor is cautioned that it is the vendor’s sole responsibility to submit requested information and that the

State of Missouri is under no obligation to solicit such information if it is not included with the proposal. The vendor’s failure to submit such information may adversely affect the evaluation of the proposal.

1) Inspection and/or repair services – By responding to this QVL solicitation the Offeror is acknowledging that they can provide the services identified in Section 4.1 Scope of Work and 4.2

Specific Services. Any misrepresentation could be grounds for immediate contract termination.

2) Debarment Certification – The vendor certifies by signing the contract agreement and any addendum signature page(s) that the vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs.

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3) Anti-Discrimination Against Israel Act Certification Exhibit Instructions - Regardless of company status or number of employees, vendor is requested to complete and submit the applicable portion of Exhibit 2 - Anti-Discrimination Against Israel Act Certification with their response. Pursuant to section 34.600, RSMo, if the vendor meets the section 34.600, RSMo, definition of a “company”

(https://revisor.mo.gov/main/OneSection.aspx?section=34.600) and the vendor has ten or more employees, the vendor must certify in writing that the vendor is not currently engaged in a boycott of goods or services from the State of Israel as defined in section 34.600, RSMo, and shall not engage in a boycott of goods or services from the State of Israel, if awarded a contract, for the duration of the contract. The applicable portion of the exhibit must be submitted prior to an award of a contract.

4) Business Compliance: The vendor must be in compliance with the laws regarding conducting business in the State of Missouri. The vendor certifies by signing the contract agreement and any addendum signature page(s) that the vendor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. The vendor shall provide documentation of compliance upon request by the State.

The compliance to conduct business in the state shall include, but not necessarily be limited to:

a. Registration of business name (if applicable) with the Secretary of State at http://sos.mo.gov/business/startBusiness.asp

b. Certificate of authority to transact business/certificate of good standing (if applicable).

c. Full payment of all taxes (State).

d. Insurance requirements as referenced in Section 7.26 Insurance.

e. Submission of Exhibit 3 (Annual Worker Eligibility Verification Affidavit) or Exhibit 4 (

Affidavit of Lawful Presence for Sole-Proprietorship or Partnership) depending on the vendors business registration.

i. These Exhibits will be resubmitted by the vendor in the event a Contract Renewal is request by

MoDOT.

ii. The vendor should refer to the Missouri Business Portal at http://business.mo.gov for additional information.

5) Filing and Payment of Taxes: State purchasing laws apply which indicate that the State shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or otherwise.

Therefore, the vendor’s failure to maintain compliance with chapter 144, RSMo, may eliminate their proposal from consideration for award.

https://revisor.mo.gov/main/OneSection.aspx?section=34.600 http://sos.mo.gov/business/startBusiness.asp http://business.mo.gov/

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5.1.5 In order to ensure compliance with the RFP, the vendor should indicate agreement that, in the event of conflict between any of the vendor's response and the terms and requirements of the

RFP, the RFP shall govern. Contradicting or objecting to the RFP’s terms and conditions may render a vendor's proposal non-responsive and remove it from consideration for award.

5.1.6 A contact person familiar with the RFP should be identified and their name, address, email address and telephone number shall be provided in the Offeror's proposal.

5.1.7 The proposals will be evaluated based on the adequacy of the Offeror's response in addressing each of the Required Elements of the Proposal 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 an Offeror (referred to here as registered vendor or vendor) is responding electronically through the MissouriBUYS System website the registered vendor should submit completed exhibits, forms, 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 and forms provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to 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. Be sure to 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. In addition, a registered vendor may submit the exhibits, forms, etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

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

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

MHTC.

5.2.2. Hard Copy Proposal Format - If the vendor is 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 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 one from the original RFP and all signed addendums should be placed at the beginning of the proposal.

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 password protected flash drives. The electronic copy should be in a searchable format to facilitate the evaluation process.

The vendor should be sure to 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 Submission of All Information Required - The Offerors must respond to this

RFP by submitting all the information required herein for its proposal to be evaluated and considered for award. Failure to submit all the required information shall be deemed sufficient cause for disqualification of a proposal from consideration.

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5.2.4 Public Inspection - The Offerors are hereby advised that all proposals and the information contained in or related thereto are subject to Missouri Open Records Act and after contract award and execution of the Resulting Agreement shall be open to public inspection and may be viewed and copied by any member of the public;

therefore, MHTC does not assume any responsibility whatsoever in the event that such information is used or copied by individual persons or organizations.

5.2.5 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.

5.2.5.1 Reference section 3.6 (RFP Questions)

5.2.9. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted.

5.2.10. Official Position of MHTC - Offerors are cautioned that the only official position of the MHTC and MoDOT is that which is issued by MHTC in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

5.3 QVL Award Determination

5.3.1 Determination of Awards: The State anticipates awarding contracts to all vendors determined to be responsive to the requirements of the RFP. As deemed in its best interests, the State of

Missouri reserves the right to clarify any and all portions of any vendor’s offer.

6.1 MODOT PQF EVALUATION FACTORS AND PROCESS

6.1 Explanation of PQF Evaluation Criteria

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Upon request from the State, the Contractor will provide the following items with their PQF request.

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

1) Name, address, telephone number of contracting agency/entity, and a contact person who can verify all data submitted.

2) Contract dates.

3) A brief, written description of the specific services provided, methods used, and the results associated with the specific services provided.

6.1.2 References - If requested on a PQF, provide all references for which the Contractor firm provided services which are similar in nature to the services requested in a PQF over the past three

(3) calendar years. MHTC reserves the right to determine which references to call and whether or not to call all references for all Contractor. The reference list should include:

1) The reference firm name, address, telephone number, and fax number.

2) List of reference firm owners names and addresses.

3) A brief description of services provided and location of work performed.

4) Dates of contract and/or performance of service.

5) A contact person familiar with the services provided including their name, address, email address and telephone number.

6.1.3 Availability and Proximity - The Contractor's availability and/or proximity for services and parts can be used as a factor for evaluation by the Districts. If the District intends to use the availability and/or proximity as an evaluation criteria then it must be clearly stated in the PQF.

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.

6.2 Evaluation Factors

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6.2.1. 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.

Total points equal to 100:

1) Evaluation of Cost will be determined by a Contractor's quote for firm fixed price inspection services, hourly repair service rate and % off MSRP for parts 50 Maxium Points.

2) Experience, Expertise and Reliability 25 Maximum Points

3) Qualification and Expertise of Key Personnel 25 Maximum Points

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

6.2.3. Responsibility to Submit Information - Each Contractor is cautioned that it is the contractors sole responsibility to submit information related to the evaluation criteria and the State is under no obligation to solicit such information if it is not included with the Contractor's response to this RFP or any PQF. Failure of the Contractor to submit such information may cause an adverse impact on the evaluation of the Contractor's response to a PQF.

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…