RFQ 74BAI-S1606 Final.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Qualifications: 74BAI-S1606

For

ALTERNATIVE DISPUTE RESOLUTION MEDIATOR PANEL

Release Date: 06/03/2021

Deadline for Submission and Opening Date and Time: July 8, 2021 @ 2:00 PM

Refer to Section 7, RFQ Timeline for the complete RFQ schedule

For additional information, please contact:

Christine Phipps, Purchasing Officer II

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Phone: 775-684-0195

Email address: c.phipps@admin.nv.gov

Refer to Section 8 for instructions on submitting an RFQ Response

VENDOR INFORMATION SHEET FOR RFQ 74BAI-S1606

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V3 shall be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Section III of the Technical SOQ proposal.

Street Address:

City, State, Zip Code:

Telephone:

Fax:

Toll Free:

including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number:

Fax:

Name:

Title:

TABLE OF CONTENTS

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

PROJECT OVERVIEW

The State of Nevada Purchasing Division on behalf of the Department of Business and Industry, Real Estate Division is seeking Statements of Qualifications (SOQs) from qualified vendors to provide mediator services for the Alternative Dispute Resolution (ADR) program, and statewide, on an as needed basis.

The panel will mediate disputes between parties concerning common-interest communities, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association.

The State may award one (1) or more contracts in conjunction with this RFQ, as determined in the best interests of the State. It is the intention of the State to award contract(s) on a statewide basis; however, proposals may be considered regionally (Northern, Southern, Rural). Vendor’s proposal must identify the geographic region(s) in which services are being offered.

These contracts will be administered by the Department of Business and Industry, State of Nevada, Real Estate Division and are anticipated to commence October 1, 2021, upon Board of Examiners’ (or Clerk of the Board) approval for an initial two (2) year period, with the option to renew for two (2) additional years, if agreed upon by both parties and in the best interest of the State. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Board of Examiners. The State does not guarantee any minimum volume of services. It is the State's intent to enter into contracts with qualified mediators, acting as independent contractors, who have experience in meeting the various needs of agencies.

GOALS AND OBJECTIVES

NRS 38.325 gives authority to the Division to create this program and impanel referees, mediators, and arbitrators. The ADR process is required under Nevada Revised Statutes NRS 38.300 to 38.360, before parties may file a civil action in court, relating to residential property within a Common-Interest Community. Mediators must conduct Mediations, and draft legal agreements based upon the outcome of the Mediation, addressing issues regarding:

1.1.1 The interpretation, application or enforcement of any covenants, conditions, or restrictions applicable to residential property, and/or any bylaws, rules or regulations adopted by an Association.

1.1.2 The procedures used for increasing, decreasing, or imposing additional assessments upon residential property in a Common-Interest Community (CIC) or Home Owner Association (HOA).

REQUEST FOR QUALIFICATIONS

The Division will accept applications from attorneys that are employees of law firms. Funds received in exchange for mediation services rendered by the specific attorney listed on the contract will be paid directly to the law firm/employer of the attorney. A letter from the law firm is submitted with other required documents for the contract. The contract if approved will be between the State of Nevada and the law firm in care of the specific named attorney. The law firm must meet all State Insurance and Business Licenses requirements for the contract. The law firm will not be allowed to randomly assign their own employees to mediate the agencies claims. Only the individual attorney listed on the State approved contract can conduct mediations.

RFQ PROCESS

The process by which RFQ Responses shall be considered for award under this RFQ consists of two (2) distinct stages.

First Stage

The first stage is a determination of whether or not the vendor qualifies under the set of General Minimum Qualifications (refer to Section 2.2). If a vendor is determined to not meet any one of the General Minimum Qualifications, the RFQ response in its entirety shall not be considered for award.

Second Stage

If the vendor meets all of the General Minimum Qualifications, the SOQ shall be evaluated to determine if it meets the Technical Minimum Qualifications (refer to Section 2.3). RFQ responses that do not contain the required information shall not be considered for award. Each RFQ response shall be reviewed independently in the Technical Minimum Qualification section.

GENERAL MINIMUM QUALIFICATIONS

Must be a Certified Mediator, current in recertification requirements.

Must have a minimum of (2) years’ experience with mediating disputes between parties in a professional capacity.

Must have training and experience with resolution of disputes concerning Associations, including, and without limitation, the interpretation, application, and enforcement of covenants; conditions and restrictions pertaining to residential property and the articles of incorporation; bylaws; rules and regulations of an association.

Must not have any litigation pending against the State of Nevada within the last (5) years.

TECHNICAL MINIMUM QUALIFICATIONS

It is mandatory that each component listed below in the Technical Minimum Qualifications be addressed. Failure to address each component shall result in disqualification of the RFQ response.

Vendors proposing to receive an award through this RFQ shall provide a detailed description of their SOQ, which shall include, at a minimum, the following information.

Identify the geographic regions you will provide service, i.e., statewide, rural, northern Nevada, southern Nevada.

Must be available within the geographic location of the parties to the assigned claim.

Conduct mediations and draft legal agreements based on outcome of mediation addressing issues regarding:

1.1.2.1 The interpretation, application or enforcement of any covenants, conditions, or restrictions applicable to residential property, and/or any bylaws, rules or regulations adopted by an Association.

1.1.2.2 The procedures used for increasing, decreasing, or imposing additional assessments upon residential property in a Common-Interest Community (CIC) or Home Owner Association (HOA).

1.1.3 During the term of the contract, and within each fiscal year of July 1 through June 30, be available to attend up to (4) hours of instruction if requested by the Division without compensation from the State.

1.1.4 Notify the Division in writing of any scheduled or non-scheduled absences, vacations, or time periods the Mediator will not be available for assignment to a hearing.

1.1.5 Agree to update Mediator’s curriculum vitae or resume when necessary for posting on the Division’s website.

1.1.6 Agree to notify the Division within (3) days of selection or assignment if a conflict of interest exists with any party.

1.1.7 Secure locations for mediations that are accessible and amenable to all parties involved.

1.1.8 Not later than 5 days after selection or appointment, Mediator shall make contact with the parties for the purposes of setting a date for the mediation and to notify them that they must provide to the mediator a written statement which sets forth the issues in dispute no later than 5 days before the mediation.

1.1.9 The contractor shall contact both parties prior to the mediation to explain the mediation process; establish a mutually agreeable date, time, and location for the mediation; clarify the issues to be mediated; and answer any questions the parties to the mediation may have.

1.1.10 Review all supporting documents provided by the parties, schedule and conduct mediations in a manner that adheres to all statues and policies mandated by NRS Chapter 38 and NAC Chapter 38

1.1.11 Conduct mediations that must not exceed 3 hours, unless the parties agree to an extension of such time.

1.1.12 Use their best efforts to complete assigned mediations within 60 days from the date of filing of the claim, as per NRS 38.330(1).

1.1.13 Within 30 days of completion of a mediation (successful or unsuccessful), provide to the Division a summary of the mediation, including whether or not the parties resolved their dispute.

Charge a fee not to exceed $500.00 for 3 hours of mediation. If the parties agree to extend mediation beyond 3 hours, the fee for additional hours must not exceed $200.00 per hour. The cost of the mediation shall be shared equally by both sides unless a subsidy is provided for one or both sides.

1.1.14 If the Mediator receives notice from the Division that any portion of the mediation is subsidized, submit, upon completion of a mediation, a cost schedule detailing the hourly rate, costs and expenses of the proceedings. The amount of the subsidy shall not exceed $500.00 per mediation or $250.00 per party, whichever is less, or any amount authorized by law.

1.1.15 Obtain any and all other costs and expenses not covered by the amount subsidized directly from the parties.

FORMS AND DOCUMENTS TO BE COMPLETED AND SUBMITTED

1.1.16 A complete and notarized Mediator application - Form 522 (Attachment H)

1.1.17 A copy of your Mediator Certificate and Recertifications

1.1.18 Nevada bar license number and Good Standing status (if applicable, a NV bar license is not mandatory)

1.1.19 A current Curriculum Vitae or Resume outlining education and experience.

1.1.20 Signed Attestations A and B (Attachment I)

1.1.21 A copy of your Certificate of Insurance (must provide the certificate of insurance identifying the coverages as specified in contract)

1.1.22 A copy of an applicable state, city, or county business license

1.1.23 Contact person, and telephone number for service inquiries.

1.1.24 Provide a minimum of three references.

1.1.25 Company ownership and length of time in business

1.1.26 Signed Cost Proposal

1.1.27 Signed Mediation Policies and Procedures

1.1.28 Signed and notarized Affidavit of Rejection of Industrial Insurance Coverage (if applicable)

COMPANY BACKGROUND AND REFERENCES

VENDOR INFORMATION

Vendors shall provide a company profile in the table format below.

Company Name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

Date of incorporation:

# of years in business:

List of top officers:

Location of company headquarters:

Location(s) of the office that shall provide the services described in this RFQ:

Number of employees locally with the expertise to support the requirements identified in this RFQ:

Number of employees nationally with the expertise to support the requirements in this RFQ:

Location(s) from which employees shall be assigned for this project:

Pursuant to NRS 333.3354, the State of Nevada awards a five percent (5%) preference to a vendor certifying that its principal place of business is in Nevada. The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a company’s corporate headquarters. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its proposal showing that it qualifies for the preference.

Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes

No

If “No”, provide explanation.

Has the vendor ever been engaged under contract by any State of Nevada agency?

Yes

No

If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Name of State agency:

State agency contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

Yes

No

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFQ, and specify the services that each person shall be expected to perform.

Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFQ shall also be disclosed.

Does any of the above apply to your company?

Yes

No

If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

Status of the litigation:

Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFQ 74BAI-S1606.

Company background/history and why vendor is qualified to provide the services described in this RFQ. Limit response to no more than five (5) pages.

Provide a brief description of the length of time vendor has been providing services described in this RFQ to the public and/or private sector.

Financial information and documentation to be included in accordance with Section 8.5, Part III – Confidential Financial Information.

Federal Tax Identification Number

SUBCONTRACTOR INFORMATION

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFQ. This does not include third parties who provide support or incidental services to the contractor.

Does this proposal include the use of subcontractors?

Yes

No

If “Yes”, vendor shall:

Identify specific subcontractors and the specific requirements of this RFQ for which each proposed subcontractor shall perform services.

If any tasks are to be completed by subcontractor(s), vendors shall:

Describe how the work of any subcontractor(s) shall be supervised, channels of communication shall be maintained and compliance with contract terms assured; and

Describe your previous experience with subcontractor(s).

Provide the same information for any proposed subcontractors as requested in Section 3.1, Vendor Information.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFQ in Section 3.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

BUSINESS REFERENCES

Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last three (3) years.

Vendors shall submit Attachment E, Reference Questionnaire to their business references.

It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 7, RFQ Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

VENDOR STAFF RESUMES

A resume shall be completed for each proposed key personnel responsible for performance under any contract resulting from this RFQ per Attachment F, Proposed Staff Resume.

COST

Vendors must provide detailed fixed prices for all costs associated with the responsibilities and related services per NRS 38.330 and fees listed on Section 4 (Consideration) of the contract. Clearly specify the nature of all expenses anticipated (refer to Attachment G, Cost Schedule). Below are the maximums that will be allowed.

Maximum Subsidy: The maximum subsidy must not exceed $500.00 or $250.00 for each party who is eligible to have the mediation subsidized. (Whichever is less)

Total Contract or installments payable at: As invoiced, not to exceed $500.00 for the first three hours of mediation.

Total Contract Not to Exceed: $25,000.00

FINANCIAL

PAYMENT

Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this RFQ electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

BILLING

The State does not issue payment prior to receipt of goods or services.

The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card. Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept this method of payment.

TIMELINESS OF BILLING

The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the contractor to an administrative fee not to exceed $100.00. This is the estimate of the additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claims payment due the contractor.

WRITTEN QUESTIONS AND ANSWERS

QUESTIONS AND ANSWERS

All questions regarding this RFQ should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro.

Click the Bids Tab in the header.

Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section 7, RFQ Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

RFQ TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

RFQ RESPONSE SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Statement of Qualifications (SOQ) Technical Proposal Confidential Technical (if applicable) Cost Proposal Confidential Financial (if applicable)

Proposals shall have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical response qualifies as “confidential” per NRS 333.020 (5) (b).

If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 8.3, Part IB – Confidential Technical SOQ and Section 8.5, Part III Confidential Financial Information.

Specific references made to the section, page, and paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 8.6, Confidentiality of Proposals.

The remaining section to be submitted is the cost proposal.

Proposals that do not comply with the requirements may be deemed non-responsive and rejected at the State’s discretion.

Although it is a public opening, only the names of the vendors submitting proposals shall be announced per NRS 333.335(6). Technical and cost details about proposals submitted shall not be disclosed.

Assistance for persons who are disabled, visually impaired or hearing-impaired who wish to attend the RFQ opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

For ease of evaluation, the technical and cost proposals shall be presented in a format that corresponds to and references sections outlined within this RFQ and shall be presented in the same order. Written responses shall be in bold/italics and placed immediately following the applicable RFQ question, statement and/or section.

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFQ. Expensive color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on conformance to the RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content.

For purposes of addressing questions concerning this RFQ, the sole contact shall be the Purchasing Division as specified on Page 1 of this RFQ. Upon issuance of this RFQ, other employees and representatives of the agencies identified in the RFQ shall not answer questions or otherwise discuss the contents of this RFQ with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Any vendor who believes there are irregularities or lack of clarity in the RFQ or proposal requirements or specifications are unnecessarily restrictive or limit competition shall notify the Purchasing Division, in writing, as soon as possible, so that corrective addenda may be furnished by the Purchasing Division in a timely manner to all vendors.

If a vendor changes any material RFQ language, vendor’s response may be deemed non-responsive per NRS 333.311.

The vendor understands and acknowledges that the representations made in its proposal are material and important, and shall be relied on by the State in its evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

PART I A – TECHNICAL STATEMENT OF QUALIFICATIONS (SOQ)

The Technical SOQ shall not include cost and/or pricing information. Cost and/or pricing information contained in the Technical SOQ may cause the proposal to be rejected.

Using Create Quote in NevadaEPro, vendors shall provide one (1) PDF Technical SOQ on the Attachments Tab that includes the following:

Section I – Title Page – with the following information:

Part IA – Technical SOQ

Vendor Name:

Address:

Section II – Table of Contents

An accurate and updated table of contents shall be provided.

Section III – Vendor Information Sheet

The vendor information sheet shall be completed and signed by an individual authorized to bind the organization.

Section IV – State Documents

The State documents section shall include the following:

The signature page from all amendments signed by an individual authorized to bind the organization.

Attachment A – Confidentiality and Certification of Indemnification signed by an individual authorized to bind the organization.

Attachment B – Vendor Certifications signed by an individual authorized to bind the organization.

Forms requested in Section 2.4

Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

Copies of applicable certifications and/or licenses.

Section V – Section 2.2 – General Minimum Qualifications

Vendors shall place their written response(s) to Section 2.2, General Minimum Qualifications in bold/italics immediately following the applicable RFQ question, statement and/or section.

Section VI – Section 2.3 – Technical Minimum Qualifications

Vendors shall place their written response(s) to Section 2.3, Technical Minimum Qualifications in bold/italics immediately following the applicable RFQ question, statement and/or section.

Section VII– Section 3 – Company Background and References

Vendors shall place their written response(s) to Section 3, Company Background and References in bold/italics immediately following the applicable RFQ question, statement and/or section. This section shall also include the requested information in Section 3.2, Subcontractor Information, if applicable.

Section VIII – Attachment F – Proposed Staff Resume

Vendors shall include all proposed staff resumes per Section 3.4, Vendor Staff Resumes in this section.

This section shall also include any subcontractor proposed staff resumes, if applicable.

Section IX – Other Informational Material

Vendors shall include any other applicable reference material in this section clearly cross referenced with the proposal.

PART IB – CONFIDENTIAL TECHNICAL SOQ

Vendors only need to submit Part IB if the SOQ includes any confidential technical information (Refer to Attachment A, Confidentiality and Certification of Indemnification).

If needed, vendors shall provide one (1) PDF Confidential Technical SOQ file that includes the following:

Section I – Title Page with the following information:

Part I B – Confidential Technical SOQ

Vendor Name:

Address:

Section II – Confidential Technical

Vendors shall cross reference the confidential technical information back to the technical SOQ, as applicable.

PART II – COST PROPOSAL

Vendors shall submit pricing information on the Items Tab of their Quote in NevadaEPro.

The cost proposal shall not be marked “confidential”. Only information that is deemed proprietary per NRS 333.020(5)(a) may be marked as “confidential”.

Vendors shall provide one (1) PDF Cost Proposal file that includes the following:

Section I – Title Page with the following information:

Part II – Cost Proposal

Vendor Name:

Address:

Section II – Cost Proposal

Vendor’s cost proposal response shall be included in this section.

PART III – CONFIDENTIAL FINANCIAL INFORMATION

If needed, vendors shall provide one (1) PDF Confidential Financial Information File that includes the following:

Section I – Title Page with the following information:

Part III – Confidential Financial Information

Vendor Name:

Address:

Section II – Financial Information and Documentation

Vendors shall place the information required per Section 3.1.11 in this tab.

CONFIDENTIALITY OF SOQS

As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

Vendors are required to submit written documentation in accordance with Attachment A, Confidentiality and Certification of Indemnification demonstrating the material within the RFQ response marked “confidential” conforms to NRS §333.333, which states “Only specific parts of the RFQ response may be labeled a “trade secret” as defined in NRS §600A.030(5)”. Not conforming to these requirements shall cause your proposal to be deemed non-compliant and shall not be accepted by the State of Nevada.

Vendors acknowledge that material not marked as “confidential” shall become public record and shall be posted to the Purchasing website upon contract award.

It is the vendor’s responsibility to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation.

Failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by release of said information.

PROPOSAL PACKAGING

Vendors shall submit their proposals through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Proposals shall be received via https://NevadaEPro.com no later than the date and time specified on the General Tab of the Bid Solicitation in NevadaEPro. Proposals that are not submitted by bid opening time and date shall not be accepted. Vendors may submit their proposal any time prior to the deadline stated in NevadaEPro. In the event that dates, and times specified in this document and dates times specified in NevadaEPro conflict, the dates and time in NevadaEPro shall take precedence.

Proposals submitted as physical copies, email, or any submission method other than via NevadaEPro shall not be considered.

RFQ RESPONSE EVALUATION AND AWARD PROCESS

The information in this section does not need to be returned with the vendor’s response.

General Minimum Qualifications shall be evaluated on a pass/fail basis. Only vendors who meet the General Minimum Qualifications shall have their Technical SOQs considered.

Technical SOQs shall be consistently evaluated and scored in accordance with NRS §333.335 based upon the following criteria.

Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in Section 3.1, Vendor Information, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the total score.

Financial stability shall be scored on a pass/fail basis.

RFQ responses shall be kept confidential until a contract is awarded.

The evaluation committee is an independent committee comprised of a majority of State officers or employees established to evaluate and score proposals submitted in response to the RFQ pursuant to NRS 333.335.

The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any proposal. The State reserves the right to reject any proposal based upon the vendor’s prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Refer generally to NRS 333.335.

Clarification discussions may, at the State’s sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive per NAC 333.165. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing vendors. Any modifications made to the original proposal during the best and final negotiations shall be included as part of the contract.

A Letter of Intent (LOI) shall be issued in accordance with NAC 333.170 notifying vendors of the State’s intent to award a contract to a vendor, pending successful negotiations. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. All information remains confidential until the issuance of the formal Notice of Award (NOA). If contract negotiations cannot be concluded successfully, the State upon written notice to all vendors may negotiate a contract with the next highest scoring vendor or withdraw the RFQ.

A Notification of Award (NOA) shall be issued in accordance with NAC 333.170. Vendors shall be notified that a contract has been successfully negotiated, executed and is awaiting approval of the Board of Examiners (BOE). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the BOE, when required. Any non-confidential information becomes available upon written request.

Pursuant to NRS 333.700, any contract resulting from this RFQ shall not be effective unless and until approved by the Nevada State Board of Examiners.

TERMS AND CONDITIONS

PROCUREMENT AND SOQ TERMS AND CONDITIONS

The information in this section does not need to be returned with the vendor’s RFQ response.

This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

The State reserves the right to alter, amend, or modify any provisions of this RFQ, or to withdraw this RFQ, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

The State reserves the right to waive informalities and minor irregularities in RFQ responses received.

The State will post all official communication regarding this RFQ on the NevadaEPro website at https://NevadaEPro.com. Any changes, amendments, or clarifications will be issued in the form of written responses to vendor questions, amendments, or addendum published on the NevadaEPro website entry for this RFQ. Vendors should check this website frequently for notice of matters affecting the RFQ prior to submitting a proposal. The vendors failure to periodically check for updates does not release the vendor from any additional requirements or information that may have been posted.

The failure provide clearly marked, separate PDF file(s) for Part IB and Part III, which contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

Pursuant to NRS 333.350, the State reserves the right to reject any or all proposals received prior to contract award.

Pursuant to NRS 333.350, the State reserves the right to limit the scope of work prior to award, if deemed in the best interest of the State.

Pursuant to NRS 333.335, the State shall not be obligated to accept the lowest priced proposal, however, shall make an award in the best interest of the State of Nevada after all factors have been evaluated.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this project, may be rejected.

Proposals from employees of the State of Nevada shall be considered in as much as they do not conflict with the State Administrative Manual, NRS Chapter 281 and NRS Chapter 284.

Proposals may be modified or withdrawn by written notice received prior to the proposal opening time. Withdrawals received after the proposal opening time shall not be considered except as authorized by NRS 333.350(3).

Prices offered by vendors in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded vendor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFQ. No other costs, rates or fees shall be payable to the awarded vendor for implementation of their proposal.

The State is not liable for any costs incurred by vendors prior to entering into a formal contract. Costs of developing the proposal response or any other such expenses incurred by the vendor in responding to the RFQ, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

Proposals submitted per proposal submission requirements become the property of the State, selection or rejection does not affect this right.

Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and Chapter 333 of the Nevada Administrative Code.

NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

Pursuant to NRS 333.338, the State of Nevada cannot enter into a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a proposal or bid, vendor agrees that if it is awarded a contract it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a).

CONTRACT TERMS AND CONDITIONS

The information in this section does not need to be returned with the vendor’s RFQ response.

The contractual authority, as identified by the not to exceed amount of the contract, does not obligate the State of Nevada to expend funds or purchase goods or services up to that amount; the purchase amount shall be controlled by the individual using agency’s purchase orders or other authorized means of requisition for services and/or goods as submitted to and accepted by the vendor.

The awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this RFQ, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

The awarded vendor shall maintain, for the duration of its contract, insurance coverages as set forth in the fully executed contract. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverages. Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

The State shall not be liable for Federal, State, or Local excise taxes per NRS 372.325.

The State reserves the right to negotiate final contract terms with any vendor selected per NAC 333.170. The contract between the parties shall consist of the RFQ together with any modifications thereto, and the awarded vendor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, any modifications and clarifications to the awarded vendor’s proposal, the RFQ, and the awarded vendor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. The State shall not indemnify vendor from any liability or damages, including but not limited to attorney’s fees and costs, arising under any contract resulting from this RFQ.

State agencies and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any contract resulting from this RFQ and may join or use any contract resulting from this RFQ subject to Nevada law. The State is not liable for the obligations of any local government which joins or uses any contract resulting from this RFQ.

Any person who requests or receives a Federal contract, grant, loan or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

PROJECT TERMS AND CONDITIONS

The information in this section does not need to be returned with the vendor’s RFQ response.

Award of Related Contracts

The State may undertake or award supplemental contracts for work related to this project or any portion thereof. The contractor shall be bound to cooperate fully with such other contractors and the State in all cases.

All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime contractor.

State Owned Property

The awarded vendor shall be responsible for the proper custody and care of any State owned property furnished by the State for use in connection with the performance of the contract and shall reimburse the State for any loss or damage.

Inspection/Acceptance of Work

It is expressly understood and agreed all work done by the contractor shall be subject to inspection and acceptance by the State.

Any progress inspections and approval by the State of any item of work shall not forfeit the right of the State to require the correction of any faulty workmanship or material at any time during the course of the work and warranty period thereafter, although previously approved by oversight.

Nothing contained herein shall relieve the contractor of the responsibility for proper installation and maintenance of the work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State.

Travel

If travel is required, the following processes shall be followed:

All travel shall be approved in writing in advance by the Department.

Requests for reimbursement of travel expenses shall be submitted on the State Claim for Travel Expense Form with original receipts for all expenses.

The travel expense form, with original signatures, shall be submitted with the vendor’s invoice.

Vendor shall be reimbursed travel expenses and per diem at the rates allowed for State employees at the time travel occurs.

The State is not responsible for payment of any premium, deductible or assessments on insurance policies purchased by vendor for a rental vehicle.

Completion of Work

Prior to completion of all work, the contractor shall remove from the premises all equipment and materials belonging to the contractor. Upon completion of the work, the contractor shall leave the site in a clean and neat condition satisfactory to the State.

Right to Publish

All requests for the publication or release of any information pertaining to this RFQ and any subsequent contract shall be in writing and sent to the Director of Business and Industry or designee.

No announcement concerning the award of a contract as a result of this RFQ can be made without prior written approval of the Director of Business and Industry or designee.

As a result of the selection of the contractor to supply the requested services, the State is neither endorsing nor suggesting the contractor is the best or only solution.

The contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with the specific advance written authorization of the Director of Business and Industry or designee.

Throughout the term of the contract, the contractor shall secure the written approval of the State per Section 10.3.6.1 prior to the release of any information pertaining to work or activities covered by the contract.

Protection of Sensitive Information

Sensitive information in existing legacy applications shall encrypt data as is practical.

Confidential personal data shall be encrypted.

Any electronic transmission of personal information shall comply with NRS 603A.215 (2 & 3).

Sensitive data shall be encrypted in all newly developed applications.

SUBMISSION CHECKLIST

This checklist is provided for vendor’s convenience only and identifies documents…