CITY OF PHOENIX FINANCE DEPARTMENT
REQUEST FOR PROPOSALS FOR IMPLEMENTATION SERVICES FOR SAP e-PROCUREMENT (Professional Services)
DEADLINE FOR SUBMITTING PROPOSALS July 12, 2013 2:00 p.m. Phoenix Local Time At the following location: City of Phoenix 251 West Washington Phoenix, AZ 85003 Attn: Denise Olson CONTRACT REPRESENTATIVE Denise Olson
[email protected] 602-262-7166
TABLE OF CONTENTS
SECTION
PAGE
I.
INTRODUCTION 1. Background .................................................................................................................1 2. Contract Representative ..............................................................................................2 3. Transparency Policy....................................................................................................2
II.
SCHEDULE OF EVENTS ...............................................................................................3
III.
MINIMUM QUALIFICATIONS .....................................................................................3
IV.
PROPOSALS 1. Introduction ................................................................................................................3 2. Instructions Regarding Proposal .................................................................................4 3. Format of Proposal ......................................................................................................5
V.
SCOPE OF WORK 1. Background Information .............................................................................................8 2. Project Goals .............................................................................................................10 3. Detailed Scope of Work ............................................................................................11
VI.
EVALUATION AND SELECTION 1. Evaluation Committee ..............................................................................................16 2. Evaluation Criteria ....................................................................................................16 3. Other Criteria ............................................................................................................17
VII.
TERMS AND CONDITIONS APPLICABLE TO ALL PROPOSERS 1. Proposer’s Rights ..................................................................................................17 2. Public Records; Proprietary Information ...............................................................17 3. City Reservation of Rights .....................................................................................17 4. Late Proposals Not Considered..............................................................................18 5. Inconsistency or Error in the RFP ..........................................................................18 6. Proposer Errors or Omissions ................................................................................18 7. Addenda .................................................................................................................19 8. Proposer Incurred Costs .........................................................................................19 9. Modification or Withdrawal of Proposal ...............................................................19 10. Proposer Certification ............................................................................................19 11. City’s Right to Disqualify ......................................................................................19 12. Covenant Against Contingent Fees ........................................................................20 13. Gratuities ................................................................................................................20 14. Warranties ..............................................................................................................20 15. Protest ...................................................................................................................21
i
VIII.
REQUIRED CONTRACT TERMS 1. Non-Waiver of Liability .......................................................................................21 2. Contract Term ........................................................................................................22 3. Offset Provisions ....................................................................................................22 4. Applicable Laws ....................................................................................................22 5. Continuation During Disputes ...............................................................................22 6. Covenant and Warranty Against Infringements; Indemnity ..................................22 7. Tax Responsibility Qualifications..........................................................................23 8. Organization Employment Disclaimer ..................................................................23 9. Assignability, Successors and Assigns ..................................................................24 10. Invalidity of any Provisions ...................................................................................24 11. Method Payment ....................................................................................................24 12. Remedies ................................................................................................................24 13. Transactional Conflicts of Interest .........................................................................24 14. Delay in Exercising Contract Remedy ...................................................................24 15. Annual Appropriation ............................................................................................24 16. Legal Worker Requirements ..................................................................................25 17. Lawful Presence Requirement ...............................................................................25 18. Scrutinized Business Operation Certification ........................................................25 19. Confidentiality and Data Security ..........................................................................26 20. Contractor and Subcontractor Worker Background Screening .............................27 21. Contract Worker Access Controls, Badge and Key Access Requirements ...........30 22. Indemnification ......................................................................................................33 23. Insurance Requirements .........................................................................................33
ATTACHMENTS Attachment A –Affidavit ............................................................................................. A-1 Attachment B – Business Contact Information ............................................................B-1 Attachment C – City of Phoenix Procurement Functionality .......................................C-1 Attachment D – Administrative Regulation 3.1 General Procurement Procedures ......................................................................................... D-1 Attachment E – Administrative Regulation 3.25 Procurement of Design And Construction Services .................................................................. E-1
ii
I.
INTRODUCTION 1.
Background. The City of Phoenix, through its Finance Department, (the “City”) is requesting proposals (the “RFP”) for implementation services for the System Applications and Products (SAP) e-Procurement project that includes Supplier Relationship Management (SRM) with Procurement for the Public Sector (PPS) and SAP Business Warehouse with Business Objects Business Intelligence (BW/BI) Suite-Procurement Project (the “Project”). The City’s current procurement process utilizes standard functionality within the SAP System, but the functionality is selectively implemented. The City recently purchased SRM with PPS and a SAP Business Warehouse with BW/BI Suite to create a more streamlined procurement process. The City implemented SAP as its financial system in 1998 and is currently using ECC 6.0 (the “System” or the “SAP System”). The System is used by over 2,000 City employees, processes 13,000 monthly payments, has 14,000 existing vendors and over 70,000 potential vendors. The City’s Finance Department manages the System and currently has ten employees dedicated solely to managing and overseeing the System. The City’s overall objective in completing this Project is to save money through technology, specifically e-Procurement. The City intends to select a proposer or proposers using this RFP process who are the most qualified and experienced in integrating the new software into the City’s System and expanding the functionality of the integrated system to do more with less (or save money through use of e-Procurement). Detailed information on procurement can be found in the City's Administrative Regulation (AR) "General Procurement Procedures" 3.10 that defines procurement activities across the organization. This AR can be found in Attachment D of this RFP. The City will be revising this AR along with the project implementation. Attachment E of this RFP is the City's AR on Procurement of Design and Construction Services that reflects the Arizona Revised Statues Title 34. Interested parties may download this RFP and any subsequent addenda thereto at http://phoenix.gov//index.html. Interested parties without internet access may obtain this RFP and related addenda by calling (602) 262-7166 or picking up a copy during regular business hours at 251 West Washington, 5th Floor Enterprise Resource Division (ERP). Internet access is available at all public libraries. This RFP also is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 or TTY (602) 534-5500 for assistance.
1
2.
Contract Representative. The Contract Representative for this RFP is: Denise Olson, Finance Department’s Enterprise Resource Planning Division (“ERP”),
[email protected], (602) 534-0899 (the “Contract Representative”).
3.
Transparency Policy. A.
Contact Limited. Beginning on the date RFP is issued and until the date a contract is awarded or the RFP withdrawn, all persons or entities that respond to the RFP for accounting services, including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venture(s), member(s), or any of their lobbyists or attorneys, (collectively, the “proposer”) will refrain, from any direct or indirect contact with any person (other than the designated Contract Representative) who may play a part in the selection process, including members of the Evaluation Committee (as defined below), the City Manager, Assistant City Manager, Deputy City Managers, Department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, proposers may continue to conduct business with the City and discuss business that is unrelated to this RFP with the City staff who are not involved in the selection process.
B.
Exception Posted Meeting. Proposers may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through Contract Representative Denise Olson, conducted in person at 251 West Washington, Phoenix, Arizona 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
C.
No Undue Influence. With respect to the selection of the successful proposer, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective proposers.
2
D.
Purpose. This policy is intended to create a level playing field for all proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. Proposers that violate this policy shall be disqualified.
II.
SCHEDULE OF EVENTS Proposal Issue Date Pre-Proposal Meeting Proposer’s Written Inquiries Due Proposal Due Date and Location
June 21, 2013 None June 28, 2013 By 2:00 p.m. on July 12, 2013 at 251 West Washington, 5th Floor, Phoenix, AZ 85003 Finalist Interviews (If required) July 29 thru 31, 2013 Evaluation Panel Makes Selection August 5, 2013 (Estimated) City Council Approval September 4, 2013 (Estimated) *The City reserves the right to amend this schedule as necessary. III.
MINIMUM QUALIFICATIONS Each proposer must provide the City with evidence the proposer meets the City’s minimum acceptable requirements for the services. A proposer’s failure to meet these requirements will render its proposal non-responsive and it will be returned to the proposer without evaluation. Each proposer must submit evidence satisfactory to the City that as of the proposal due date: (a) proposer has completed at least two successful implementations of SRM with PPS, as lead implementer (the “Minimum Qualifications”).
IV.
PROPOSALS 1.
Introduction. Proposals should be prepared in accordance with the instructions outlined in this RFP. Each proposer shall demonstrate that it at least satisfies the Minimum Qualifications, by submitting the information required in this Section and Section III in the format below. The City may consider proposals that fail to meet the format guidelines non-responsive and disallowed from further consideration.
3
2.
Instructions Regarding Proposals. A.
Due Date and Address for Proposal Submissions. Proposals must be received no later than 2:00 p.m. Phoenix time, July 12, 2013 at the following location: City of Phoenix Finance Department ERP 251 West Washington, 5th Floor Phoenix, AZ 85003 Attn: Denise Olson, Finance Department All proposals must be logged and time stamped by Finance Department staff in order to be accepted. Proposals will not be accepted after the date and time reflected above.
B.
Number of Submittals. Proposers must submit nine (9) copies of its proposal, one marked “original” and eight (8) marked “copy” (total of 9).
C.
Proposer Inquires. All questions that arise relating to this RFP shall be directed electronically to the Contract Representative at the above email address. To be considered, written inquiries shall be received at the above address by the date indicated in Schedule of Events above. Inquiries received will then be answered by an addendum and published at the website below. No informal contact initiated by proposers on the requested service will be allowed with members of City's staff from date of distribution of the RFP until after the closing date and time for the submission of proposals. All questions concerning or issues related to this RFP shall be presented in writing.
D.
Amendments; Addenda. Proposer may download the complete RFP and any amendments or addenda from: http://www.phoenix.gov/business/contract/opportunities/rfp/index.html Any and all amendments or other addenda to this RFP shall be posted from time to time on the above website. The City takes no responsibility for informing recipients of changes to the original solicitation document. The proposer shall acknowledge receipt of each amendment or addendum to this RFP by signing and returning such documents with its proposal by the specified due date and time. It is the proposer’s responsibility to obtain a copy of every amendment or addendum relevant to this RFP.
4
Failure to submit amendments or addenda with the response to this RFP may be grounds for deeming a submittal non-responsive. 3.
Format of Proposal. Each proposal must include the following information, organized in the following sections: A.
Cover Letter. Each proposal shall commence with a cover or transmittal letter (two-page limit) signed in ink by the proposer's official representative.
B.
Affidavit. Each proposal shall then contain a completed, signed and notarized Affidavit (Attachment A).
C.
Minimum Qualification (as outlined in Section III). Each proposer shall provide any other documentation necessary to evidence that the proposer has satisfied the minimum eligibility requirements in Section III above.
D.
Form Organizations. A statement identifying proposer’s form of organization (i.e. corporation, partnership, other) and its affiliation, if any, with any other corporation or firm and places of business.
E.
Contact Information. A completed Attachment B reflecting the proposer’s business contact information.
F.
Experience and Qualifications. Proposers must provide the City with the following information to evidence that the proposer and its staff are sufficiently experienced and qualified to provide the services required under this RFP: i.
Description of Proposer. A description of the proposer’s firm, including its size, years in operation, and the qualified staff to complete the services required on a timely basis.
5
G.
ii.
Work Plan. A work plan, which describes proposer’s approach to completing the scope of work described in Part V herein (the “Scope of Work”) including a schedule of performance reflecting when the various phases of the Scope of Work will be completed to assure that the Scope of Work completed no later than December 31, 2014.
iii.
Experience with SRM-PPS and BI/BW. A description of the proposer’s background and experience in implementing SRM with PPS for other entities and developing BI/BW and associated reporting especially for e-Procurement. (Description should include an affirmation that the proposer is properly licensed for the implementation of SAP modules and does not have a record of substandard work with previous implementations.)
iv.
Government Procurements. A description of the proposer's experience with, and understanding of government procurement and best practices.
v.
Similar Projects. A description of SRM with PPS projects (not to exceed five) which best illustrate the proposer’s qualifications and ability to complete the Scope of Work , especially any projects completed by current staff available to complete the Scope of Work .(Not to exceed a total of ten page)
vi.
References. A minimum of three (but no more than five references) from government entities (particularly larger entities), which are currently contracting with proposer or in the past five years have contracted with Proposer for software implementation services. (Each reference include: Name of entity, and entity’s address, contact person, telephone number and e-mail address.
vii.
Information as to the Proposer’s background and experience in the development of Business Intelligence/Business Warehouse (BI/BW) and associated reporting especially for e-Procurement.
viii.
Other Information. Any other information which documents other skills or experience of proposer relating to the requirements of this RFP which you believe may be relevant, including your experience if any with electronic invoicing, which may be included in the contract resulting from this RFP.
Staffing Plan. Each proposer must provide a staffing plan detailing how its implementation team will complete the Scope of Work. The Proposer
6
must include a resume for each team member, staff roles and estimated participation in delivering services described in the Scope of Work. The staffing plan should include each team member’s title or position, years of firm experience and other experience. Specifically identify projects and roles of staff on past SRM projects. The City will require that any change or additional team member throughout the project will require City staff approval. H.
Electronic Invoices. Proposers are encouraged to submit information concerning its experience with electronic invoicing, the period required to implement it, and the cost of such implementation. Electronic invoicing is an optional task; the City may or may not include electronic invoicing as part of the Scope of Work.
I.
Threatened or Pending Claims and Litigation. A statement reflecting whether or not the proposer is currently involved in any litigation, threatened litigation, investigation, reorganization, receivership, filing strike, audit, corporate acquisition, unpaid judgments or other action that could have an adverse impact on your ability to provide the required RFP needs. If so, please describe the nature of the item and its potential impact.
J.
Performance History. A statement reflecting whether or not the proposer has been unable to complete a contract, been removed from a contract, or been replaced before expiration of the contract in the past five years. If so, explain what happened and why.
K.
Price Proposals. Each proposer must submit a price proposal that reflects the maximum aggregate fee proposed to complete the Scope of Work. The price proposal also shall, as a separate component, reflect the cost of providing electronic invoicing if the City chooses to include such invoicing in the Project. The price proposal shall be itemized to individually reflect the prices of implementing e-Procurement including SRM with PPS and BW/BI for the City. Each price proposal shall include the hourly rate for all individuals referenced in the proposal and an estimated number of hours for each tasks described in the Scope of Work, Part V herein.
7
L.
Contracting Authority. Each proposal must be signed by an individual authorized to bind the proposer. The proposal shall provide the name, title, address and telephone number of individuals with authority to contractually bind the proposer and who may be contacted during the term of any contract resulting from this RFP.
V.
SCOPE OF WORK 1.
Background Information. The City's procurements are completed through Initiation for Bids (IFB), Request for Proposals (RFP) and Request for Qualifications (RFQs). IFBs are driven by price and are used when items being purchases are clearly specified. RFPs are awarded based on price and other considerations and are evaluated by a team of unbiased evaluators with technical knowledge in the area. RFQs are mostly used to develop qualified vendor lists and are evaluated based on specific qualifications. Procurements include buying commodities and general services, professional service contracts and construction and design contracts. The Finance Department is responsible for commodities and Citywide general services. Professional service contracts are the responsibility of the Department requiring the service. The construction and engineering contracts are the responsibility of the City Engineer. The City’s current purchasing process utilizes the majority of the standard functionality in SAP, but is selectively implemented. Vendors are created in the SAP system and used for the purpose of creating contracts, purchase orders and subsequent good receipts and payments. Purchases under $1,000 is a decentralized function performed using a custom SAP program. Contracts are selectively created in SAP. Most payments associated with contracts are handled through financial accounting invoices rather than the normal process of referencing the contract. Additionally, there is custom development within SAP to help manage Construction and Professional Services. A limited portion of the Buyspeed Online application is currently being used to manage vendor registration, commodity information, and communication with vendors. This system is used to generate bid list for formal and informal procurements of goods and general services. Contract development and management are handled outside of the SAP system. The City also maintains several decentralized work order systems that contain purchasing functionality. Information flows between the SAP system and these decentralized systems.
8
The City’s current System is composed of SAP ERP 6.0 enhancement package 5 with support package stack 20. The System is installed on four IBM 8205-E6C p740 frames. Two are located at the IO Data Center and two are located at the IT Operations Center. Each frame is setup with eight cpu’s with 96GB of RAM. The frames are virtualized and operating on AIX 6.1. The SAP database is DB2 version 9.5 and the storage is Hitachi-VSPs. The document imaging system is iXOS version 9.6. The City maintains a landscape that supports development, testing and production systems. The purpose of the Project is to expand the current technical environment to include the following: NETWEAVER 7.31 SP5 Business Intelligence/Business Warehouse (BI/BW) SRM 7.0 SP5 Portal Process Integration (PI) SAP ABAP 7.31 SAP BASIS 7.31 Currently in SAP, we have an accounting structure for a public entity that includes separate business units, application of funds, funds, fund centers, various cost objects and general ledger accounts. The City has separate accounting ledgers in Funds Management, Special Ledger, General Ledger and Costing. The City’s Buyspeed Vendor Registration system uses the 5-digit NIGP code listing. The City currently has 200 material groups in SAP that are based upon higher level NIGP codes. Additionally the City has other systems such as our Equal Opportunity System that uses NAICS codes. The City plans on expanding the material groups through this project. Workflow in our ECC 6 system has been established for purchase requisitions and accounts payable financial accounting invoices with one to three levels of approvals. About $2.3 billion of payments are processed through central accounts payable each year mostly through checks with occasional wire transfers.
9
The City’s responsibilities will include providing information related to Scope of Work, examining all studies, reports, proposals, and other documents presented by contractor, and designating a person in an oversight capacity with respect to the work to be performed per the agreement for this project. Resources available for the project include an Assistant Finance Director, Deputy Finance Director over Purchasing, and an ERP Project Manager, The ERP staff consists of one in Financials and Controlling (FICO), one in Financial Management, one in Business Objects, two Basis and one resource for programming. Procurement expertise will also be available from staff from the central Procurement Division and from other Departments across the City. 2.
Project Goals. The City’s overall objective in completing the Project is to find efficiencies through technology by implementing transparent procurement process specifically e-Procurement. By implementing the Project the City intends to:
Complete its GAP analysis of the current procurement system, to identify any deficiencies in the procurement environment. The City has done some preliminary GAP analysis work, but needs outside expertise for completion.
A blueprinting process that is driven by decreasing citywide spend amounts earning a high rate of return.
Establishment of Business Warehouse, Portal, PI and SRM-PPS environments.
Establish expertise in Webdynpro for ABAP to support needed portal and SRM development.
Integrate SRM-PPS and BW/BI into the current System.
Develop in-house expertise about the System as upgraded by the Project (the “e-Procurement System”).
Develop security controls within the e-Procurement System for SRM-PPS and BW/BI.
Convert data from Buyspeed Online application including the following areas vendor master, organizational structures, contract data, purchase order data, and commodity codes.
10
Create a blueprint detailing the new procurement process in the eProcurement System.
Develop a new and expanded case management and records management system to take advantage of the new and existing functions in the eProcurement System.
Revise procurement processes to take advantage of the expanded functionality in the e-Procurement System and develop training materials that reflect all new business processes.
Establish workflows to encompass existing ECC and new SRM and Portal functions to include integration with the City’s standard e-mail.
The development of organizational structure security and controls in the system for SRM-PPS and Portal.
Reliable, and easy to use and maintain software.
. 3.
Detailed Scope of Work. The successful proposer shall provide implementation services for SRM-PPS and BW/BI and assist the City with the integration of these products into the City’s System. The Scope of Work includes to the following tasks: A.
Task One – Develop a Blueprint. The successful proposer shall develop a detailed phased deployment implementation plan driven by achieving savings in spend amounts over a short period of time. Procurement processes should model best practices in the industry. The stake holders in the blueprinting process would include ERP staff, centralized procurement, accounts payable and other departments with significant spend amounts. Other Departments may include Aviation, Water, Public Works, Streets, Police and Conventions Center. The blueprinting task will include purchasing processes that are outside the standard SAP ECC Materials Management (MM) application.
B.
Task Two – Provide Additional Expertise. The successful proposer shall provide additional personnel and services for Web Dynpro (“ABAP”) programming, portal development and support, PI support and implementation, and BW/BI support for creating the environment and report development. These are areas the City has minimal resources.
11
C.
Task Three – Implement Procurement Requirements. The successful proposer shall implement the following procurement requirements; the order of implementation will be determined during Task One based upon the cost savings resulting from completion of each requirement, as determined by the City, with the assistance of the successful proposer. i.
Registration. The e-Procurement System shall include allow vendors or suppliers to register their business with the City through an online portal and manage their profile.
ii.
Purchase Requisitions. The e-Procurement System shall be implemented to allow authorized City personnel to input purchase requirements, funding information and various authorization(s) into the e-Procurement System to initiate one or more transactions, including required documentation, which may be easily accessed for budget purposes including budget lookups, approvals and preencumbrances as applicable.
iii.
Solicitation Types. The e-Procurement System shall allow City personnel to easily prepare documentation for solicitations by selecting the procurement type, such as: Invitations for Bids, TwoStep IFB (Low Price Technically Acceptable), Request for Proposals, Request for Qualifications, and informal processes including the Request for Quotations. In general, these documents shall facilitate public visibility, offeror responses (offers in response to the solicitation), offer evaluation and contract award.
iv.
Contracts. The e-Procurement System shall include a menu of various forms of agreement containing the terms, covenants and conditions, consistent with the City’s procurement process as revised by the Project. These agreement documents shall include one-time transactions and term agreements; single user, specified users and all-user access levels; public and private visibility settings.
v.
Processing Orders. The e-Procurement System shall include a variety of ordering documents with which to execute the transaction or multiple transactions against a contract or agreement, in accordance with the contract or agreements respective terms, conditions and pricing. Ordering documents shall on the e-Procurement System to facilitate the City’s budget process and contract management.
12
D.
vi.
Receiving. The e-Procurement System shall include a variety of receiving documents with which to goods or services may be received against the respective order that precipitated their delivery. Receiving documents shall allow for partial, unit, percentage and dollar-based receiving.
vii.
Invoicing. The e-Procurement System shall include a menu of invoice forms that are approved by the City for use by vendors and suppliers registered under the System to bill the City goods and services and shall provide sufficient data to allow City staff in Accounts Payable to reconcile the charges on the invoice with the order and the receiving documents (three-way match).
viii.
Payments. The e-Procurement System shall interoperate with the applicable SAP modules to initiate funds release or payments to vendors and suppliers registered on the System after the subject goods are delivered or the designated services are performed and accepted by the City and payment is authorized.
ix.
Public Access. The City’s e-Procurement System shall include a public portal from which a variety of system documents and related data will be visible to the public. Public data at a minimum shall designated contracts and agreements, solicitations, and access to the supplier registration portal. Refer to Attachment C, Procurement Functionality for a more detailed list of the functions to be implemented under the Project.
Task Four: Standard Reporting and Dashboards. The successful proposer shall provide report development services to support implementation of SRM. Reporting and dashboards shall at a minimum include: i.
Analytical Reports. Analytical and report structure capabilities.
ii.
Spending Analysis. Detailed reports and summary dashboards for management providing strong visibility and spend analysis.
iii.
Alerts. Alerts based on reporting criteria such as spend thresholds, expirations etc.
iv.
Compliance Reporting. Ability to produce compliance reporting.
v.
Briefing Materials. Briefing books and presentation materials for City Management and City Council.
13
E.
vi.
Summary Reports. Standard reports summarizing bidding processes. Standards reports from SRM for the public sector.
vii.
Transparency. Ability to enhance transparency through the web site by including contracts related to expenditures as a drill down option in the City’s online checkbook.
Task Five: Implementation and Validation. The successful proposer shall test the e-Procurement System integrated as required under the Scope of Work to determine if it fully functional consistent with the City’s objectives:
F.
i.
Testing. Functional, integration and stress acceptance testing satisfactorily completed for e-Procurement.
ii.
Documentation of Procurement Procedures. Documentation of business processes for end-user procedures and for end-user training plan.
iii.
Interfaces. System interfaces completed and tested.
iv.
Data Conversion. Any data conversion process completed, tested, auditable and reconcilable.
v.
Procedures for System Management. Technical system management procedures documented and in place.
vi.
Documentation of Plan to Go-Live. Documentation of the system roll-out/go-live plan completed.
vii.
e-Procurement Operational. The e- Procurement System go-live achieved and the system in production.
Task Six: Training and Change Management. Contractor shall develop an End User Training program as well as a Change Management Plan. The training program will also include training in business processed due to the new software. The Change Management plan shall at a minimum include: i.
Internal “Roll-out” of e-Procurement System. An internal communication targeted to City employees who use the procurement process about the e-Procurement System that includes timely, factual and easy to understand information and a plan to distribute it.
14
G.
ii.
External Description of e-Procurement System. An external communication targeted at new and existing vendors and the public generally that describes the new e-Procurement System and how it benefits vendors and the City.
iii.
Internal Changes. Information directed at City employees who use the procurement process that describes how to use the e-Procurement System.
iv.
External Benefits. Information directed at external stakeholders, including vendors and the public that describes how such parties can access the e-Procurement System, the benefits of e-Procurement System and where to find assistance.
v.
Employee Training. New skills and training needs for City employees.
vi.
Vendor Training. Training needs for vendors.
vii.
Implementation Strategy. Strategies to overcome implementation barriers.
viii.
Documentation of Roles and Responsibilities. Documentation of the roles and responsibilities apparent in the within the new system and the city’s new e-Procurement processes in order to ensure a successful implementation.
ix.
Evaluation Tool. Alignment of business processes with measurable metrics to communicate success.
Task Seven: Knowledge Transfer. The successful proposer shall provide the City team responsible for the eProcurement System with sufficiently detailed and thorough training and documentation about the e-Procurement System, and SRM-PPS and BW/BI in particular, to allow the City team to independently manage the enhanced e-Procurement System.
H.
*Task Eight: Implementation of Electronic Invoicing. If directed by the City in its sole discretion, the successful proposer shall implement electronic invoicing as part of the Project. Electronic invoicing shall at a minimum include converting paper into electronic invoice formats, ability to send and receive legally compliant and digitally signed invoices, run logical and business checks for every transaction to ensure
15
compliance with legal requirements for format, authenticity and to ensure integrity. * This task may or may not be included in the Scope of Work, at the City’s option. VI.
EVALUATION AND SELECTION 1.
Evaluation Committee. All responses to this RFP that meet the minimum requirements set forth in Part III will be evaluated by an evaluation committee on the basis of the criteria listed above in the Section entitled “Evaluation Criteria” below. The committee may include outside professionals or professionals from other City departments who can provide additional expertise (the “Evaluation Committee”). All proposers that provide a response to this RFP will be notified when the Evaluation Committee makes a recommendation. The City reserves that right to evaluate and rank the proposals without further input from the proposers. Therefore, proposals should be complete as initially submitted. The City reserves the right to accept the proposal which, in its judgment, will best serve the interests of the City, based upon the criteria set forth below.
2.
Evaluation Criteria. Each Proposal will be evaluated based on offeror experience and qualifications, its technical proposal in response to the Scope of Work, and its price proposal. The Evaluation Committee will review and evaluate all proposal and firms on the basis of 1,000 points using the following criteria:
Completeness and conformity of the proposal to the specific requirements of the RFP. (10% of points)
Experienced and qualifications of personnel to provide the services in the Scope of Work. (25% of points)
Experienced and qualifications of firm to provide the services in the Scope of Work. (20% of points)
References and qualifications. (15% of points)
Reasonableness of fees and expenses. (20% of points)
Description of the Proposer’s approach and methodology for providing the services described in the Scope of Work. (10% of points)
16
3.
Other Criteria. Following the Evaluation Committee’s review of the proposals, one or more proposers may be asked to make a brief presentation and respond to questions related to the proposal from the Evaluation Committee. Points awarded to a proposer may be adjusted based upon the interview. The proposer with the highest total points, adjusted by any subsequent presentations or information permitted to be considered herein shall be the successful proposer for purposes of awarding the Scope of Work. If two or more finalists are tied, the finalist with the evaluation committee shall recommend the proposer with the lower price proposal. Based on the Evaluation Committee’s recommendation, the Finance Department shall recommend to City Council that contract award be made to the proposer with the highest score. The City Council will approve or disapprove the final selection, if any, under the RFP.
VII.
TERMS AND CONDITIONS APPLICABLE TO ALL PROPOSERS 1.
Proposer’s Rights. All materials submitted in response to this RFP are the property of the City upon their delivery to the City and may be incorporated into or appended to the resulting contract between the City and the proposer if the proposer is ultimately the successful. No submission or supporting documentation will be returned to the proposer.
2.
Public Records; Proprietary Information. All documents submitted by proposers shall become a matter of public record available for review pursuant to Arizona law. Proposers shall mark any information submitted as part of its proposal that it deems confidential or proprietary (collectively “Proprietary Information”). If the City receives a request to review or disclose such Proprietary Information, the City will provide the proposer with written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review such Proprietary Information. The proposer must obtain a court order within seven calendar days from the date of the notice by the City. If no court order is issued and received by the City within the seven day period, the City may disclose or allow the review of such Proprietary Information. When Proprietary Information is notated in the bid file, the protest period will be extended seven calendar days to allow for this process.
3.
City Reservation of Rights. This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal to this request. The City reserves the right to:
17
4.
Waive any informalities or irregularities in any submission procedure if the City issues an addendum to the RFP and allows proposers to respond to the addendum.
Accept or reject any or all proposals, or any part thereof.
Reissue or cancel this RFP with or without modification.
Investigate thoroughly the financial status, experience and record of each proposer.
Determine the sufficiency of the experience and qualifications of all proposers and to select the proposer(s) with which it desires to negotiate a final agreement.
Negotiate with another proposer in the event the selected proposer refuses or fails to timely execute a formal agreement with the City or timely provide the required bonds and/or insurance certificates(s).
Negotiate with the proposer selected to acquire the product(s) or service(s) that best meets its need within any limitations of available funding.
Award contracts for services described in the Scope of Work to more than one proposer if most advantageous to the City.
Any other option deemed by the City to be in the City’s best interest.
Late Proposals Not Considered. Proposals received after the stipulated date and time for submittals will not be considered.
5.
Inconsistency or Error in the RFP. Any proposer believing that there is any ambiguity, inconsistency or error in this RFP shall promptly notify the City in writing of such apparent discrepancy. Failure to so notify the City by the proposal submission due date will constitute a waiver of claim of such ambiguity, inconsistency or error.
6.
Proposer Errors or Omissions. The City is not responsible for any proposer's errors or omissions.
18
7.
Addenda. The City shall not be responsible for any oral instructions given by any employees of the City in regard to the proposal instructions, specifications or proposal documents as described in this RFP. Any changes to this RFP will be in the form of a written addendum, and will be furnished to all proposers who are listed with the City as having received this RFP, or to any other proposer who requests an addendum.
8.
Proposer Incurred Costs. Each proposer shall be responsible for all costs incurred in preparing a proposal in response to this RFP.
9.
Modification or Withdrawal of Proposal. A proposal may not be modified by a proposer following the proposal submission deadline and each proposer so agrees in submitting the proposal. Proposals may be withdrawn, altered and/or resubmitted at any time prior to the submission deadline. Notice of withdrawal of proposal prior to submittal date must be in writing and must be signed by the proposer.
10.
Proposer Certification. By submission of a proposal, the proposer certifies that the proposer has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a contract to any employee, official or current contractor of the City.
11.
City's Right to Disqualify. Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following, among others, may be considered sufficient for the disqualification of a proposer and the rejection of the proposal, at the sole discretion of the City:
Evidence of collusion among proposers.
Evidence of any real or apparent conflict of interest that is disclosed by the proposal submitted or any other data available to the City. Any proposer submitting a proposal herein waives, for all time, any right it may have to object before any body or agency, including but not limited to, the Phoenix City Council, or any court, to the exercise of this right or disqualification by reason of real or apparent conflict of interest as determined by the City.
Lack of business skills or financial resources necessary to fulfill the obligations of any resulting agreement, as revealed by experience statement.
19
12.
Lack of responsibility as shown by past work, references, or other factors, or failure to faithfully perform any previous agreement with the City, in the City’s sole determination.
Proposer is in arrears or in default to the City on any debt or agreement or is a defaulter, as surety or otherwise, upon any obligation to the City.
Submission of a proposal that is incomplete, conditional, ambiguous, obscure, or which contains alterations not called for, or irregularities of any kind.
Failure to furnish all information requested in the form and format specified.
Covenant Against Contingent Fees. The proposer warrants that no person or selling agent has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the proposer for the purpose of securing business. For breach or violation of this warranty, the City shall have the right to annul any resulting contract without liability or in its discretion to deduct from any fees or payments due the proposer the commission, percentage brokerage or contingent fee.
13.
Gratuities. The City may, by written notice to the successful proposer, terminate the right of the proposer to proceed under the resulting contract upon one calendar day’s notice, if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by the proposer, or any agency or representative of the proposer, to any officer or employee of the City with a view toward securing or amending, or the making of any determinations with respect to the performance of such contract. In the event of such termination, the City shall be entitled to pursue the same remedies against the proposer as the City could pursue in the event of default by the proposer.
14.
Warranties. Each proposer represents and warrants to the City that the proposer is fully aware of this RFP’s requirements and intended uses of services to be provided by the successful proposer to the extent that they are described in the proposal. For each service described in the Scope of Work, the proposer warrants that the proposer shall perform it in a workmanlike manner and according to it’s the requirements contained in this RFP. Each proposer represents and warrants to the City that it has the right to enter into a contract and that proposer has not entered into any outstanding assignments, grants, licenses, encumbrances, obligations, and/or
20
agreements which relate to its performance of the Scope of Work (whether written, oral, or implied) and are inconsistent with the requirements of this RFP.
15.
Protest. Staff recommendations to award the contract(s) to a particular offeror or offerors shall be posted on the Procurement Division’s website http://phoenix.gov/business/contract/opportunities/goods/fintabsnumb/index.html. Any unsuccessful proposers may file a protest no later than seven calendar days after the staff recommendation is posted on the website. All protests shall be in writing, filed with the Procurement Authority identified in the solicitation and include the following:
Identification of the IFB or other solicitation number;
The name, address and telephone number of the protester;
A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;
The form of relief requested; and
The signature of the protester or its authorized representative. The Procurement Authority will render a written decision within 14 calendar days after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed.
VIII. REQUIRED CONTRACT TERMS Any proposer entering into a contract with the City must agree to a number of general contract terms and conditions. The submission of a proposal herein constitutes the agreement of the proposer that any contract resulting from this RFP will be prepared by the City. The submission of a proposal shall further constitute the agreement of each proposer that it will not insist on the use of standard contract agreements, documents or forms, and that it waives any demand for the use of its standard agreements. Pursuant to City Charter, the language of any contract resulting from this RFP will be drafted under the supervision of the City’s City Attorney. 1.
Non-Waiver of Liability. The City, as a public entity supported by tax money, in execution of its public trust, cannot agree to waive any lawful or legitimate right to protect the public treasury and the right of the taxpaying public to recover amounts lawfully due it. Therefore, any proposer submitting a proposal herein agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or to
21
waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law. 2.
Contract Term. The term of any contract resulting from this RFP will be from September 2013, through and including July 2015. The City shall have two unilateral options to extend any contract resulting from this Request for Proposals (“RFP” ) for one year each (each an “Option”), provided the City notifies the successful proposer in writing at least (60) calendar days prior to the expiration of the term in effect that the City is exercising an option to extend the contract.
3.
Offset Provisions. The successful proposer shall recognize and be required to abide by the provisions of the City Charter, which require and demand that no payment be made to any proposer as long as there is any outstanding liquidated undisputed obligation due to the City and direct that any such obligations be offset against any payment due the proposer as a contractor under such contract.
4.
Applicable Laws. Any and all legal disputes arising under any e contract resulting from this RFP shall be tried according to the law of the State of Arizona and the proposer shall agree that the venue for any such action shall be in the State of Arizona, County of Maricopa.
5.
Continuation During Disputes. In the event of any dispute between the parties, provided no notice of termination has been given by the City, and if it is feasible under the terms of any agreement that may result from this RFP, each party shall continue to perform its obligations not related to the dispute during the resolution of such dispute, unless enjoined or prohibited by a court of competent jurisdiction. Failure or delay by either party to exercise any right, power or privilege specified in or appurtenant to any agreement that may result from this RFP shall not be deemed a waiver thereof.
6.
Covenant and Warranty Against Infringement; Indemnity. Each proposer specifically warrants and covenants that none of the material, concepts, ideas, or other products provided under this RFP and any resulting contract resulting from the RFP shall in any way violate any copyright, license, trade secret, or other property right of any other person. At its own expense, proposer shall indemnify, defend, save and hold harmless City and its officers, agents, and employees from and against any and all claims, demands, suits, liabilities, damages, settlements, losses, and costs, including attorney’s fees,
22
suffered or incurred by City as a result of any claim that the material, concepts, ideas, or other products provided within the scope of this RFP and any resulting contract infringe any U.S. copyright, license, trade secret or other property right, provided that proposer is notified promptly in writing of such claim. If as a result of any claim of infringement against any copyright, license, trade secret, or other property right, the proposer or City is enjoined from using the products provided under this RFP and any resulting contract, or if proposer believes that the products are likely to become the subject of a claim of infringement, the proposer may, at the proposer’s option and sole expense, (a) procure the right for City to continue to use the products; or (b) to the satisfaction of City, replace or modify the products so as to make them non-infringing and capable of performing the function for which the product was provided. 7.
Tax Responsibility Qualification. The successful proposer may be required to establish, to the satisfaction of the City, that any and all fees and taxes due the City of Phoenix or the State of Arizona for any License or Transaction Privilege Taxes, Use Taxes or similar excise taxes are currently paid (except for matters under legal protest). Any proposer submitting a proposal agrees that the submission of the proposal constitutes a waiver of the confidentiality provisions contained in the City of Phoenix Finance Code and any similar confidentiality provisions contained in the statutes of the State of Arizona relative to State Transaction Privilege Taxes or State Use Taxes. Any proposer submitting a proposal further agrees that the submission of a proposal hereunder is, and shall constitute, a written authorization to the Finance Department of the City of Phoenix and to the State Department of Revenue of the State of Arizona to release tax information relative to Arizona Transaction Privilege Taxes, Arizona Use Taxes, City of Phoenix Privilege License Taxes and City of Phoenix Use Taxes to the procuring agency in order to assist the Housing Department and the City in evaluating such proposer's qualifications as a responsible contracting party under the proposal submitted.
8.
Organization Employment Disclaimer. Any contract entered into as a result of this RFP will not constitute, create, give rise to or otherwise recognize a joint venture, agreement or relationship, partnership or formal business organization of any kind between the parties, and the rights and obligations of the parties shall be only those expressly set forth therein. The successful proposer will agree that no persons supplied by it in the performance of any contract resulting from this RFP are employees of the City and further agrees that no rights to the City's civil service, retirement or personnel rules and benefits accrue to such persons. The successful proposer shall be responsible for all salaries, wages, bonuses, retirement, withholdings, workers' compensation, unemployment compensation, other benefits, taxes and premiums appurtenant thereto concerning such persons provided by such proposer in the
23
performance of the contract, and proposer shall save and hold the City harmless with respect thereto. 9.
Assignability, Successors and Assigns. Any contract resulting from this RFP and any rights or obligations hereunder, shall not be transferred, assigned or subcontracted. Any attempted assignment of those rights and obligations shall be void.
10.
Invalidity of any Provisions. Any contract resulting from this RFP shall remain in full force and effect even if one or more of its terms or provisions have been held to be invalid or unenforceable. Such a holding shall result in the offending term or provision being ineffective to the extent of its invalidity or unenforceability without invalidating the remaining terms and provisions hereof; the contract shall thereafter be construed as though the invalid or unenforceable term or provision were not contained herein.
11.
Method of Payment. Payment for services performed under a contract resulting from this RFP will be made only after submission of proper documentation to City and in accordance with standard City practices. Payment of any invoice shall not preclude City from making claims for adjustment of any item or service found not to have been in accordance with such contract, its specifications, or the Scope of Work.
12.
Remedies. The City shall have all remedies available to it in law and in equity.
13.
Transactional Conflicts of Interest. All parties acknowledge that any contract resulting from this RFP is subject to cancellation by the City pursuant to the provision of A.R.S. § 38-511, as amended.
14.
Delay in Exercising Contract Remedy. Failure or delay by the City to exercise any right, power or privilege in any contract resulting from this RFP shall not be deemed a waiver thereof.
15.
Annual Appropriation. The successful proposer recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its terms. The successful proposer recognizes that
24
the continuation of any agreement after the close of any given fiscal year of the City, which fiscal years end on June 30 of each year, shall be subject to the approval of the budget of the City providing for or covering such agreement item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget. 16.
Legal Worker Requirements. The City is prohibited by A.R.S. § 41-4401 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A), which requires that employers verify the employment eligibility of their employees through the federal e-Verify system. Therefore, if the successful proposer is not an individual, the successful proposer must agree that:
17.
(i)
The successful proposer and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A.
(ii)
A breach of a warranty under paragraph (a) shall be deemed a material breach of the resulting agreement that is subject to penalties up to and including termination of the resulting agreement.
(iii)
The City retains the legal right to inspect the papers of the successful Proposer or any subcontractor employee who performs services under any contract resulting from this RFP to ensure that the successful proposer or subcontractor is complying with the warranty under paragraph (i).
Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. If the successful proposer is an individual, the proposer agrees to establish lawful presence by producing qualifying identification and signing a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at that time of contract award. This requirement does not apply to business organization such as corporations, partnerships or limited liability companies.
18.
Scrutinized Business Operation Certification. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, the successful proposer must certify that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran.
25
19.
Confidentiality and Data Security. A.
Proprietary Information. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to the successful proposer in connection with any contract resulting from this RFP is confidential, proprietary information owned by the City. Except as specifically provided in the resulting contract, the successful proposer shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager or his designee.
B.
Protection of Information. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, the successful proposer must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices.
C.
Redaction or Destruction of Unnecessary Information. When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed.
D.
Notice of Breach. In the event that data collected or obtained by the successful proposer in connection with this resulting contract is believed to have been compromised, the successful proposer shall notify the City Privacy Officer immediately. The successful proposer agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.
E.
Incorporation of Requirements. The successful proposer agrees that the requirements of this Section shall be incorporated into all subconsultant agreements entered into by the successful proposer. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in
26
court. A violation of this Section may result in immediate termination of the resulting contract without notice. F.
Survival. The obligations of successful proposer under this Section shall survive the termination of this RFP and the resulting contract.
20.
Contractor and Subcontractor Worker Background Screening. A.
Contract Worker(s). The successful proposer agrees that all contract workers and subcontractors (collectively “Contract Worker(s)”) that the successful proposer furnishes to the City pursuant to this any contract resulting from this RFP shall be subject to background and security checks and screening (collectively “Background Screening”) at the successful proposer’s sole cost and expense as set forth in this Section. The Background Screening provided by successful proposer shall comply with all applicable laws, rules and regulations. The successful proposer further agrees that the Background Screening required in this Section is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in this Section are the minimum requirements any contract resulting from this RFP. The City in no way warrants that these minimum requirements are sufficient to protect the successful proposer from any liabilities that may arise out of the successful proposer’s services under any contract resulting from this RFP or the successful proposer’s failure to comply with this Section. Therefore, in addition to the specific measures set forth below, the successful proposer and its Contract Workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under any contract resulting from this RFP.
B.
Risk Level. Because of the varied types of services performed, the City has established three levels of risk and associated Background Screening. The risk level and Background Screening required for any contract resulting from this RFP is “Standard Risk”. (i)
A minimum risk Background Screening shall be performed when the Contract Worker: (a) will not have direct access to City facilities or information systems; or (b) will not work with vulnerable adults or children; or (c) when access to City facilities is escorted by City workers. The Background Screening for
27
minimum risk shall consist of the screening required by A.R.S. § 41-4401 and following to verify legal Arizona worker status.
C.
(ii)
A standard risk Background Screening shall be performed when the Contract Worker’s work assignment will: (a) require a badge or key for access to City facilities; or (b) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (c) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire.
(iii)
A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (a) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (b) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or (c) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (d) have access to private residences; or (e) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the Contract Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-45.6.
Warranty. By executing any contract resulting from this RFP, the successful proposer certifies and warrants that the successful proposer has read the Background Screening requirements and criteria in this Section, understands them and that all Background Screening information furnished to the City is accurate and current. Also, in any contract resulting from this RFP, the successful proposer further certifies and warrants that the successful proposer has satisfied all such Background Screening requirements for the Minimum Risk and Standard Risk Background Screenings as required. In addition, for Maximum Risk Background Screening, Contractor shall furnish to Ron
28
Campbell, of the Finance Department for the City’s review and approval such Background Screenings for any Contract Worker considered for performing services under any contract resulting from this RFP where human safety or facility security is classified as a Maximum Risk level. The subject Contract Worker shall not apply for the appropriate City identification and access badge or keys until Contractor has received the City’s written acceptance of the subject Contract Worker’s Maximum Risk Background Screening. The City may, in its sole discretion, accept or reject any or all of the Contract Workers proposed by the successful proposer for performing work under the contract resulting from this RFP. A Contract Worker rejected for work at a Maximum Risk level under this Agreement shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval. D.
Incorporation Requirement. The successful proposer shall include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under any contract resulting from this RFP including, but not limited to, supervision and oversight services.
E.
Material Requirement. The Background Screening requirements of this Section are material to City’s entry into any contract resulting from this RFP and any breach of this Section by Contractor shall be deemed a material breach of this Agreement. In addition to the indemnity provisions otherwise set forth in any contract resulting from this RFP, the successful proposer shall defend, indemnify and hold harmless the City for any and all Claims (as defined in Section 22, arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by the successful proposer or the City for failure to satisfy this Section.
F.
Other Obligations. The successful proposer’s obligations and requirements that Contract Workers satisfy this Background Screening Section shall continue throughout the entire term of any contract resulting from this RFP. The successful proposer shall notify the City immediately of any change to a Maximum Risk Background Screening of a Contract Worker previously approved by the City. The successful proposer shall maintain all records and documents related to all Background Screenings and the City reserves the right to audit such proposer’s compliance with this Section.
29
21.
Contract Worker Access Controls, Badge and Key Access Requirements. The successful proposer acknowledges that any contract resulting from this RFP will have the following access controls, badge and key access requirements: A.
Conditions Precedent. CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY WITHOUT: (1) THE PRIOR COMPLETION AND CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER.
B.
Badges. An authorized City of Phoenix badge application form is available at the City of Phoenix Badging Office, 251 W. Washington St., 2nd Floor, Phoenix, AZ 85003-1611. Each Contract Worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under this Agreement shall submit to the City of Phoenix, Banking & Cashiering Division, 251 W. Washington, 3rd Floor, Phoenix, AZ 85003-1611: (i) a fully completed and authorized City of Phoenix badge application form; (ii) a check in the initial badge fee amount listed below made payable to the “City of Phoenix”; and (iii) two forms of identification. One form of identification must be a government issued credential with an accompanying photograph. The second form of identification must be a valid passport; military issued identification card; immigration and naturalized services identification card; social security card; or an original birth certificate. After receipt of the badge application and payment, the Contract Worker will proceed to the badging office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information within five (5) business days from initial submission of the badge application or the subject Contract Worker’s badge application shall be rejected.
30
C.
Keyed Access. If the Contract Worker’s services require keyed access to enter a City facility(s), a separate key issue/return form must be completed and submitted by the Contractor for each key issued. The key issue/return form is available at and the completed form shall be submitted to the badging office at the address above.
D.
Duty to Report. The successful proposer shall report lost or stolen badges or keys to their local police department and must obtain a police department report (PDR) prior to re-issuance of any lost or stolen badge or key. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees listed below prior to issuance of a new badge or key.
E.
Property of City. All badges and keys are the property of the City and must be returned to the City at the badging office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Agreement. Contractor shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Agreement.
F.
Default. The successful proposer’s default under this Section shall include, but is not limited to the following: (i) Contract Worker gains access to a City facility(s) without the proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Agreement without the proper badge, key or Background Screening; (iv) Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable Background Screening; or (v) Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, the successful proposer agrees to properly cure any default under this Section within three business days from the date notice
31
of default is sent by the City. The parties agree that successful proposer’s failure to properly cure any default under this Section shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, the successful proposer shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) for each breach by the successful proposer of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Agreement in the event that the successful proposer breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that the successful proposer breaches this Section. The parties further agree that three breaches by the successful proposer of this Section arising out of any default within a consecutive period of three months or three breaches by the successful proposer of this Section arising out of the same default within a period of twelve consecutive months shall constitute a material breach of the contract resulting from this RFP by the successful proposer and the City expressly reserves all of its rights, remedies and interests under such contract, at law and in equity including, but not limited to, termination of the contract. G.
Fees. The following constitute the badge and key fees under any contract resulting from this RFP. The City reserves the right to amend these fees upon thirty (30) days prior written notice to the successful proposer. Initial Badge Fee: Replacement Badge Fee: Lost / Stolen Badge Fee: Replacement Key Fee: Lost / Stolen Key Fee: Replacement Locks
23.
$ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00
per applicant per badge per badge per key per key per lock
Indemnification. Any successful proposer under this RFP (hereinafter also referred to as “Contractor”) shall indemnify, save and hold harmless the City of Phoenix its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) for, from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) arising in connection with the negligent or willful acts or omissions of the Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to
32
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Contractor for, from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City. This indemnification shall survive termination or expiration of any contract resulting from this RFP. 24.
Insurance Requirements. Any proposer selected to enter into a contract with the City in connection with this RFP shall procure and maintain until all of its obligations under such contract have been discharged insurance against claims for injury to persons or damage to property which may arise from or in connection with the respondent’s performance of the Scope of Work hereunder, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for any contract resulting from this RFP and in no way limits the indemnity covenants required herein. The City in no way warrants that the minimum requirements contained herein are sufficient to protect the respondent from liabilities that might arise out of the performance of the work under a contract resulting from this RFP and respondent is free to purchase additional insurance as it may determine necessary. A.
Minimum Scope And Limits Of Insurance. The successful proposer shall provide coverage with limits of liability not less than those stated below.
1.
Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage and broad form contractual liability coverage.
General Aggregate Products – Completed Operations Aggregate Personal and Advertising Injury Each Occurrence a.
$2,000,000 $1,000,000 $1,000,000 $1,000,000
The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the successful respondent".
33
2.
Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of any contract resulting from this RFQ. Combined Single Limit (CSL)
$1,000,000
The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the successful respondent, including automobiles owned, leased, hired or borrowed by the successful respondent". 3.
Worker's Compensation and Employers' Liability. Workers' Compensation Employers' Liability Each Accident Disease – Each Employee Disease – Policy Limit
Statutory $100,000 $100,000 $500,000
Policy shall contain a waiver of subrogation against the City of Phoenix. 4.
Professional Liability (Errors and Omissions Liability). Each Claim Annual Aggregate
$1,000,000 $2,000,000
In the event that the professional liability insurance required by this RFP is written on a claims-made basis, the respondent warrants that any retroactive date under the policy shall precede the effective date of the contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under the contract is completed. B.
Additional Insurance Requirements. The policies shall include, or be endorsed to include, the following provisions: 1.
On insurance policies where the City is named as an additional insured, the City shall be an additional insured to the full limits of liability purchased by the respondent even if those limits of liability are in excess of those required by the contract.
34
C.
2
The respondent’s insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.
3.
Coverage provided by the respondent shall not be limited to the liability assumed under the indemnification provisions of any contract resulting from this RFP.
Notice Of Cancellation. For each insurance policy required by the insurance provisions of this RFP, the successful proposer must provide to the City, within two business days of receipt; a notice if a policy is suspended, voided or canceled for any reason. Such notice shall be sent directly to Julia Bird, 17 South 2nd Avenue, Phoenix, Arizona 85003 and shall be sent by certified mail, return receipt requested.
D.
Acceptability Of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the aboverequired minimum insurer rating is sufficient to protect the respondent from potential insurer insolvency.
E.
Verification Of Coverage. The successful proposer shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by the contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences under any contract resulting from this RFP. Each insurance policy required by this RFQ must be in effect at or prior to commencement of work under this RFP and remain in effect for the duration of the contract. Failure to maintain the insurance policies as required by this RFP or to provide evidence of renewal is a material breach of contract. All certificates required by this RFP shall be sent directly to Julia Bird, 17 South 2nd Avenue, Phoenix, Arizona 85003. The City contract number and description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this RFQ at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
35
F.
Subcontractors. The successful proposers’ certificate(s) shall include all subcontractors as additional insured under its policies or proposer shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
G.
Approval. Any modification or variation from the insurance requirements in this RFP shall be made by the Law Department, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action.
Doc No. : 1061730_1
36
Attachment A AFFIDAVIT The undersigned proposer hereby submits to the City of Phoenix (City) the proposal enclosed here for the right to provide the services for the City based upon all terms and conditions set forth in the City’s Request for Proposal (RFP) documents, including attachments. Proposer further specifically agrees, if selected, the Proposer will provide the services in the manner set forth in the RFP in the proposal submitted by the Proposer. The undersigned Proposer represents and understands as follows: 1.
Proposer acknowledges that the City is relying on Proposer’s submitted information and the representation that Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted and the contract to be entered into.
2.
Proposer acknowledges that the City has the right to make any further inquiry it deems appropriate to substantiate or supplement information supplied by Proposer.
3.
Proposer hereby acknowledges that Proposer has read and fully understands all the provisions and conditions set forth in the proposal documents upon which the submitted proposal is based.
4.
Proposer acknowledges that the following forms and information are completed and made part of Proposer’s proposal package: A. B. C. D. E. F. G.
Cover/Transmittal Letter Business Contact Information Affidavit Attachment B Business References Experience and Qualifications Statement Staffing Plan Program Plan/Scope of Work Cost Proposal
5.
This proposal may be withdrawn by requesting such withdrawal in writing at any time prior to 2:00 p.m. Phoenix local time, July 12, 2013 but may not be withdrawn after such date and time.
6.
The City reserves the right to reject any and all proposals and to accept that proposal which in its judgment will provide the best quality of service to the City at reasonable rates.
7.
This proposal is valid for a minimum period of one hundred twenty (120) days subsequent to the RFP closing date.
Attachment A - 1
8.
All costs incurred by Proposer in connection with this proposal shall be borne solely by Proposer. Under no circumstances shall the City be responsible for any costs associated with Proposer’s submittal.
Proposer hereby warrants that: (1) Proposer has not in any manner, directly or indirectly, conspired with any person or party to unfairly compete or compromise the competitive nature of this RFP process; and (2) the contents of this proposal as to compensation, terms or conditions, have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. Proposer further says that, to the best of its/his/her knowledge, the information provided in the subsequent business information questionnaire is true and correct and that neither the undersigned applicant nor any partner, joint venturer, corporate officer or managing employee has ever been convicted of a felony or a crime involving moral turpitude.
Name of Proposer (Legal Name):
__________________________________________
Signature of Authorized Person:
__________________________________________
Title:
__________________________________________
Business Address of Proposer:
__________________________________________ __________________________________________ __________________________________________
Date:
__________________________________________
NOTARIZED Signed and sworn before me this ______ day of ________________________, 2013. Notary Signature: _______________________________________________________ My Commission Expires: _________________________________________________ Affix Seal
Attachment A - 2
Attachment B Proposer Contact Information
Proposers must provide a contact person and alternate contact person that represents the Proposer and can answer questions related to Proposer’s submittal under this RFP. Contact Person Name:
_____________________________________
Title:
_____________________________________
Phone:
_____________________________________
Address:
_____________________________________ _____________________________________ _____________________________________
Email:
_____________________________________
Alternate Contact Person
Name:
_____________________________________
Title:
_____________________________________
Phone:
_____________________________________
Address:
_____________________________________ _____________________________________ _____________________________________
Email:
_____________________________________
Attachment B - 1
Attachment C Procurement Functionality The following is a detailed list of functionality to be implemented through the Scope of Work in the RFP. The list does not represent implementation order and is merely functions the City considers e-Procurement. The order of implementation will be determined during the blueprinting phase of the project and will be based on rate of return considerations. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P.
Q. R. S. T. U. V.
Configure and enable workflow, work structure and security in SRM and Portal functions to include integration with the City’s standard e-mail system. Automate the requisition process Utilize funds availability check prior to either pre-encumbering or encumbering funds Configure shopping cart functionality Configure rules based approval workflow as needed by the City including by commodity and dollar amount. Implement catalogs using SAP including the ability to punch out to selected online vendors from shopping cart. Enable approved requisitions to convert to Purchase Order (PO) automatically if vendor and catalog pricing defaulted. Activate funds availability check during PO entry and initial PO encumbrance. Use Master Data Management (MDM is part of SAP New Weaver) to create internal catalogs from existing materials. Consolidate demand using Sourcing Cockpit Enable online reverse auctioning Configure bid templates to comply with City’s bid template Create RFx content using Document Builder as the document authoring tool establishing bid templates and clause library. Configure Smart Numbering to enables intelligent numbering of documents line RFX and contracts Enable vendor email notification of open bid opportunities Publish open bids on City ’s website Enable Supplier Registration. Registration should include; - Vendor’s commodity and or NAICS codes and diversity code to allow multiple selections from single screen upon registration. -. Allow attachment of documents including W9, Insurance Certifications etc. -. Identify Local Businesses. -. Integrate with Equal Opportunity Department Small Business Enterprise Certification that is currently captured in SAP vendor classification -. Tax ID Numbers -. Allow Vendor to provide comments -. Be very easy for Vendor’s to use and understand Convert Periscope and ECC 6 SAP vendors to the new SRM-PPS system Create a library of questions and template questionnaires to utilize in the supplier registration and certification process Enable workflow to route registered suppliers for approval, validation, qualification and certification or allow for automated approvals Configure Purchase Order (PO) and Catalog creation from bid award Enable Contract Management and Document Builder functionality Enable PO Extended History to view releases and call offs from contract Attachment C - 1
W.
Configure option to enable incremental funding to support multi-year contracts without having to close contracts or POs annually and subsequently re-open in next fiscal year X. Configure option of controls (warnings to buyers) based on fund availability and contract term dates. Y. Enable Folders Management to collect all related procurement transactions into e-Procurement file Z. Provide support for any reconfiguration needed to the current system necessary to accommodate and support SRM-PPS. AA. Facilitate needed data conversion in the areas such as vendor master, organizational structures, contract data, purchase order data, and commodity codes. AB. Enable Portal single sign on for SRM-PPS and ECC 6.
Attachment C - 2
Attachment D City of Phoenix Administrative Regulation 3.10 for General Procurement Procedures
Attachment D - 1
Attachment E City of Phoenix Administrative Regulations for Procurement of Design and Construction Services
Attachment E - 1
