STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING AND MATERIALS MANAGEMENT (DPMM) REQUEST FOR PROPOSAL (RFP)
AMENDMENT NO.: 001 RFP NO.: B2Z13065 TITLE: ASSET MANAGEMENT SYSTEM ISSUE DATE: 04/17/13
REQ NO.: NR 400 130036 BUYER: Cindy Stafford PHONE NO.: (573) 751-7076 751 E-MAIL:
[email protected] cindy.stafford
RETURN PROPOSAL NO LATER THAN: 05/03/13 AT 2:00 PM CENTRAL TIME MAILING INSTRUCTIONS:
Print or type RFP Number and Return Due Date on the lower left hand corner of the envelope velope or package. Delivered sealed proposals must be in DPMM office (301 W High Street, Room 630) by the return date and time.
RETURN PROPOSAL AND AMENDMENT(S) TO: (U.S. Mail) DPMM PO BOX 809 JEFFERSON CITY MO 65102 65102-0809 CONTRACT PERIOD:
(Courier Service) DPMM 301 WEST HIGH STREET, ROOM 630 JEFFERSON CITY MO 65101-1517 65101
or
DATE OF AWARD THROUGH FULL IMPLEMENTATION AND SYSTEM ACCEPTANCE
DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS: Missouri Department of Conservation 2901 West Truman Blvd. Jefferson City, Missouri 65109 The offeror hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all terms and conditions conditions,, requirements, and specifications of the original RFP as modified by this and any previously issued RFP amendments. The offeror should, as a matter of clarity and assurance, also sign and return all previously previou issued RFP amendment(s) and the original RFP document. The offeror agrees that the language of the original RFP as modified by this and any previously issued RFP amendments shall govern in the event of a conflict with his/her proposal. The offeror further agrees that t upon receipt of an authorized purchase order from the Division of Purchasing and Materials Management or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the offeror and the State Sta of Missouri.
SIGNATURE REQUIRED DOING BUSINESS AS (DBA) NAME
LEGAL NAME OF ENTITY/INDIVIDUAL FILED WITH IRS FOR THIS TAX ID NO.
MAILING ADDRESS
IRS FORM 1099 MAILING ADDRESS
CITY, STATE, ZIP CODE
CITY, STATE, ZIP CODE
CONTACT PERSON
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
TAXPAYER ID NUMBER (TIN)
TAXPAYER ID (TIN) TYPE (CHECK ONE)
___ FEIN
VENDOR NUMBER (IF KNOWN)
___ SSN
VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)
___ Corporation
___ Individual
___ State/Local Government
___ Partnership
AUTHORIZED SIGNATURE
DATE
PRINTED NAME
TITLE
___ Sole Proprietor
___IRS Tax-Exempt Tax
B2Z13065
Amendment #001
Page 2
AMENDMENT #001 to RFP B2Z13065 TITLE:
ASSET MANAGEMENT SYSTEM
CONTRACT PERIOD:
DATE OF AWARD THROUGH IMPLEMENTATION AND SYSTEM ACCEPTANCE
Prospective offerors are hereby notified of the following changes and/or clarifications: 1.
Paragraphs/Exhibit REVISED by Amendment #001:
2.2.11 e.
2.9.5 c.
2.
2.4.3
2.4.4
2.6.3
2.9.5 a.
2.9.5 b.
Exh. C.1 Matrix revised by removing the code drop down box (the coding column is now unlocked).
Paragraphs ADDED by Amendment #001: 1.4.7 a.
3.
2.3.8
2.2.18
2.2.18 a.
Paragraphs DELETED by Amendment #001: 2.6.3 a.
2.6.3 b.
All changes indicated in italics.
2.6.3 c.
2.2.18 b.
2.2.18 c.
2.2.18 d.
Exh. C 8)
STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING AND MATERIALS MANAGEMENT (DPMM) REQUEST FOR PROPOSAL (RFP)
RFP NO.: B2Z13065 TITLE: ASSET MANAGEMENT SYSTEM ISSUE DATE: 04/08/13
REQ NO.: NR 400 130036 BUYER: Cindy Stafford PHONE NO.: 573--751-7076 E-MAIL: MAIL:
[email protected] RETURN PROPOSAL NO LATER THAN THAN: 05/03/13 2:00 PM CENTRAL TIME MAILING INSTRUCTIONS:
Print or type RFP Number and Return Due Date on the lower left hand corner of the envelope or package. Delivered sealed proposals must be in DPMM office (301 W High Street, Room 630) by the return date and time.
(U.S. Mail) RETURN PROPOSAL TO: DPMM or PO BOX 809 JEFFERSON CITY MO 65102 65102-0809
(Courier Service) DPMM 301 WEST HIGH STREET, RM 630 JEFFERSON CITY MO 65101-1517 65101
CONTRACT PERIOD: DATE OF AWARD THROUGH FULL IMPLEMENTATION AND SYSTEM ACCEPTANCE DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS: Missouri Department of Conservation 2901 West Truman Blvd. Jefferson City, Missouri 65109 The offeror hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Request for Proposal (Revised 12/27/12). The offeror further agrees that the language of this RFP shall govern in the event of a conflict with his/her proposal. pro The offeror further agrees that upon receipt of an authorized pu purchase rchase order from the Division of Purchasing and Materials Management or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between betwe the offeror and the State of Missouri.
SIGNATURE REQUIRED DOING BUSINESS AS (DBA) NAME
LEGAL NAME OF ENTITY/INDIVIDUAL FILED WITH IRS FOR THIS TAX ID NO.
MAILING ADDRESS
IRS FORM 1099 MAILING ADDRESS
CITY, STATE, ZIP CODE
CITY, STATE, ZIP CODE
CONTACT PERSON
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
TAXPAYER ID NUMBER (TIN)
TAXPAYER ID (TIN) TYPE (CHECK ONE)
___ FEIN
VENDOR NUMBER (IF KNOWN)
___ SSN
VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)
___ Corporation
___ Individual
___ State/Local Government
___ Partnership
AUTHORIZED SIGNATURE
DATE
PRINTED NAME
TITLE
___ Sole Proprietor
___IRS Tax-Exempt Tax
B2Z13065 1.
Page 2
INTRODUCTION AND GENERAL INFORMATION
This section of the Request for Proposal (RFP) includes a brief introduction and background information about the intended acquisition for which the requirements herein are written. The contents of this section are intended for informational purposes and background and do not require a response in submitted proposals. 1.1
Purpose:
1.1.1
This document constitutes a request for competitive, sealed proposals from prospective offerors for the acquisition of a long-term, cost-effective infrastructure asset management and computerized maintenance management system (AM/CMMS) for the Missouri Department of Conservation (MDC), hereinafter which may be referred to as the “state agency,” in accordance with the provisions herein.
1.1.2
RFP Document Contents: This document, referred to as a RFP, is divided into the following parts: Section 1: Introduction and General Information Section 2: Functional and Technical Requirements Section 3: Proposal Submission Information and Requirements Section 4: Contractual Requirements Exhibit A: Pricing (Cost) Exhibit B: Experience of Organization and Expertise of Personnel Exhibit C: Functional/Technical Capabilities and Method of Performance Exhibit C.1: Requirements Compliance Matrix Exhibit D: Participation by Other Organizations Exhibit E: Business Entity Certification, Enrollment Documentation and Affidavit of Work Authorization Exhibit F: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions Exhibit G: Miscellaneous Information Terms and Conditions Attachment 1: Lands Project Overview The offeror is advised that Exhibit C.1 is an attachment which provides additional information and instruction, and is a separate link that must be downloaded from the Division of Purchasing and Materials Management’s Internet website at: https://www.moolb.mo.gov. It shall be the sole responsibility of the offeror to obtain all attachment(s). The offeror shall not be relieved of any responsibility for performance under the contract due to the failure of the offeror to obtain a copy of attachment(s).
1.2
Pre-Proposal Conference - A pre-proposal conference regarding this Request for Proposal will be held on April 15, 2013, at 10:00 a.m. Central Daylight Time (CDT) at the Missouri Department of Conservation, 2901 West Truman Boulevard, Jefferson City, Missouri, 65109. The length of the pre-proposal conference is anticipated to be at least two hours. Potential offerors may dial into the conference by using the following number: (866) 630-9345 or if in the Jefferson City area, toll free at (573) 526-5398.
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1.2.1
Pre-Proposal Conference Agenda - The offeror should bring a copy of the RFP since it will be used as the agenda for the pre-proposal conference.
1.2.2
Pre-Proposal Conference RFP Questions – All potential offerors are encouraged to attend the PreProposal Conference as it will be used as the forum for questions, communications, and discussions regarding the RFP. The offeror should become familiar with the RFP and develop all questions prior to the conference in order to ask questions and otherwise participate in the public communications regarding the RFP. a.
Prior Communication – Prior to the Pre-Proposal Conference, the offeror may submit written communications and/or questions regarding the RFP to the buyer identified on page one. Such prior communication will provide the State of Missouri with insight into areas of the RFP which may be brought up for discussion during the conference and which may require clarification.
b.
During the Pre-Proposal Conference, it shall be the sole responsibility of the offeror to orally address all issues previously presented to the buyer by the offeror, including any questions regarding the RFP or areas of the RFP requiring clarification.
c.
Amendment to the RFP - Any changes needed to the RFP as a result of discussions from the Pre-Proposal Conference will be accomplished as an amendment to the RFP. Neither formal minutes of the conference nor written records of the questions/communications will be maintained.
1.2.3
Pre-Proposal Conference Special Accommodations - Offerors are strongly encouraged to advise the Division of Purchasing and Materials Management within five (5) working days of the scheduled pre-proposal conference of any special accommodations needed for disabled personnel who will be attending the conference so that these accommodations can be made.
1.2.4
Due to time constraints, the State of Missouri does not anticipate extending the Return Proposal due date as identified on page one of the RFP. Therefore, potential offerors are encouraged to read the entire RFP document upon receipt and submit any questions or desired clarifications as early as possible to facilitate a response.
1.3
Offeror’s Contacts:
1.3.1
Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc., to the buyer of record indicated on page one of this RFP. The offeror may contact the Office of Equal Opportunity (OEO) regarding Minority Business Enterprise/Women Business Enterprise (MBE/WBE) certification or subcontracting. Offerors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.
1.4
Background Information:
1.4.1
The Missouri Department of Conservation intends to implement a world-class asset management program that incorporates recognized best practices and through this solicitation is seeking a
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software solution to assist in this effort. The following points outline the high-level vision and purpose of this effort: a.
The desired application approach for the AM/CMMS is a deployable solution for all users (field and office) with limited disconnected system access, which may be more suitable for a web-based solution. However, alternative approaches will be considered based upon the solution that best meets the state agency’s identified needs.
b.
The state agency needs to acquire an AM/CMMS that can accommodate varying maintenance, reporting, and other operational user needs for each asset type. This includes a wide variety of assets.
c.
The solution selected by the state agency shall enable MDC to capture and leverage the existing knowledge base and data elements already available, if desired, (e.g., prior maintenance activities and asset inventory) allowing tasks to be performed in an organized, systematic manner, so that predictable results and service levels can be achieved and the process better controlled.
1.4.2
The state agency currently utilizes an in-house developed infrastructure asset tracking system that provides basic asset information for infrastructure assets. The state agency is seeking a solution that enables it to implement a more advanced, robust and world-class infrastructure asset management program based upon the concept of life-cycle asset management. The state agency has undertaken an extensive effort to develop best management practices related to infrastructure asset management process and procedures to be implemented. The selected solution must support, complement, and automate the state agency’s efforts in this area.
1.4.3
The following information is provided as a high-level overview of the asset scope for the Missouri Department of Conservation.
1.4.4
a.
MDC has approximately 1,000 conservation areas under management.
b.
MDC manages approximately 1 million acres of land.
c.
MDC infrastructure assets are valued at an estimated $1.6 billion (replacement cost).
d.
Assets types range from individual pumps and valves, to large structures (office headquarters, fish hatcheries), road networks, land, etc.
e.
Assets are located throughout the entire state of Missouri.
f.
Some assets are managed through cooperative agreements.
g.
MDC must track lease holdings and assets associated to the lease holdings.
h.
MDC currently has approximately 1,350 employees, including part-time staff. Reference 2.8.3 for the estimated number of concurrent users for licensing purposes.
The following table provides additional detail regarding the type of assets maintained by the state agency. It is critical to note this table is representative of the inventory. It is presented as background information to provide a broad overview of the state agency’s infrastructure inventory.
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Major Asset Type Archery Range Boat Ramp Bridge (Low Water) Bridge (Vehicular and Pedestrian) Dock, Platform, Pier Parking Lot (Gravel) Parking Lot (Paved) Pump Station Shooting Range Septic Tank Sewage Lift Station Water Control Structure Water Impoundment Well
Major Asset Type Building Levee (Flood Control) Levee (Other) Road (Gravel) Road (Paved) Road (Service)
Count 44 541 116 56 156 2755 353 34 71 42 11 724 3936 102
Count 1,647,052 sq. ft. 99 miles 345 miles 1,553 miles 302 miles 318 miles
1.4.5
The state agency intends to phase-in the utilization of the AM/CMMS over a several-year period due to the complexity of implementing a comprehensive inventory of existing assets.
1.4.6
The following diagram provides an overview of the GIS system architecture currently adopted by the state agency that this project will need to integrate with:
B2Z13065
Page 6 EGIS ARCHITECTURE OVERVIEW
1.4.7
The Missouri Department of Conservation currently uses a web service-based model for delivery of applications through web servers. Load-balanced web servers make a request to the loadbalanced web services’ servers that interact with the database server. All servers are housed within a VMware 4.1 ESX infrastructure. Each server is a virtual server on an ESX host. No calls are permitted from the web servers to the database except through the web services’ servers. Web servers and web services’ servers can be built as needed to specifications. The state agency’s current standard is Microsoft Windows 2008 R2 64-bit servers with SP1 running IIS 7.0. Memory can be tuned to the servers needs. The state agency’s current database standard is Microsoft SQL 2008 R2 with SP2.
PARA. 1.4.7 a. ADDED BY AMD. #001: a. The state agency’s current reporting platform is SQL Server Reporting Services, SQL Server Analysis Services, and SQL Server Integration. 1.4.8
1.4.9
Below are the state agency’s current technical specifications for MDC’s IT infrastructure: a.
Windows2008 ServerR2 (64bit) SP1
b.
Windows Vista (32 bit) Windows 7 (Standard install is 32 bit; however, we have some 64 bit installations)
c.
SQL Server 2008R2 SP2
d.
ArcGIS Desktop / Server 10.1
e.
VMware Hypervisor ESX 4.1 Update 1 (MDC is scheduled to upgrade to ESXi 5.x this fiscal year)
Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects
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all relationships or existing conditions related to this RFP. Vendors should seek clarification on any items that are critical to the provision of a well-developed proposal response to this RFP.
1.5
Glossary of Terms and Acronyms: The following abbreviations and terms are used in this RFP and the business and technical requirements (Requirements Compliance Matrix, Exhibit C.1) to mean the following: Abbreviation / Word AM Benefits Business Data CAD CMMS CRM Department DB Deployment Division EAI
EGIS
ETL
External Facing Application GIS Geospatial Data Implementation Lands
MDC PM
Description Asset Management. Personnel wages with employer benefits included. Information that pertains to the organization in text or tabular format. Computer Aided Design. Computerized Maintenance Management System. Customer Relationship Management. Missouri Department of Conservation. Database. All activities that make a software system available for use. A work unit within the MDC (e.g., Administrative Services, Human Resources, Design and Development, Forestry). Enterprise Application Integration can be defined as “the unrestricted sharing of data and business processes among any connected applications and data sources in the enterprise.” Enterprise Geographic Information System (EGIS): A system designed to capture, store, manipulate, analyze, manage, govern, and present all types of geographically referenced data that impacts the entire agency. Extract, Transform and Load. This refers to a process that (1) extracts data from outside source, (2) transforms it to fit operational needs and (3) loads it into a database or operational data store. An application or sub-module that is available and accessed by the public or outside constituents of the Missouri Department of Conservation. Geographic Information Systems. Information that pertains directly or indirectly to the organization that is geographically referenced. Includes the full deployment and installation of all modules, components, and required software configurations and customizations. A specific program of the MDC involving managing and reporting of land assets subject to federal funds. Unique reporting requirements and data points are associated with these assets. Missouri Department of Conservation. Preventive Maintenance or Preventive Maintenance Work Order
B2Z13065 Abbreviation / Word SaaS
SOP State Agency Hosted Tract UNC WO Web-based Solution Workflow
Page 8
Description Software as a Service refers to a software delivery model in which software and associated data are centrally hosted on the cloud. The user accesses the SaaS solution using a thin client via a web browser. Standard Operating Procedures. A software delivery model in which software and associated data are centrally hosted by the state agency. A contiguous boundary of land that cannot cross a county line that is MDC owned or leased. Universal Naming Convention. Work Order. A software delivery model in which the user accesses the software and associated data using a thin client via a web browser. An automated functionality of the software to route work items through a pre-defined process.
1.5.1
State Agency User shall mean a state agency staff member responsible for administration or use of the system.
1.5.2
Subscription Option shall mean the list of subscriptions available to a subscriber, either by individual agency or by all state agencies.
1.5.3
Upgrade shall be any improvement or change in the system that improves or alters its basic function but does not require a separate license. Upgrades shall be inclusive of all new releases. Such upgrades shall be provided to the licensee at no additional cost if the licensee is currently subscribed to the contractor’s maintenance support services.
1.5.4
Version shall mean a separate licensed program, based on an existing licensed program that has significant new code or new function(s). Such system versions shall be provided to the licensee at no additional cost if the licensee is currently subscribed to the contractor’s maintenance support services.
1.5.5
Warranty Period (Initial) shall commence upon implementation and acceptance of the proper functioning of the system for the state agency and shall terminate upon expiration of one hundred and eighty (180) calendar days or upon expiration of the contractor’s offered Warranty Period, whichever period is later.
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2. FUNCTIONAL AND TECHNICAL REQUIREMENTS This section of the RFP includes requirements and provisions relating specifically to the functional and technical requirements of the state agency. The contents of this section include mandatory requirements that will be required of the successful offeror and subsequent contractor. Response to this section by the offeror is requested in the Exhibit section of this RFP (Exhibit C and C-1). The offeror’s response, whether responding to a mandatory requirement or a desired attribute, shall be binding upon the offeror in event the proposal is accepted by the state. 2.1
General System Requirements:
2.1.1
The contractor’s solution must meet or exceed the following key infrastructure asset management program elements: a.
Fully identify, value, and locate all infrastructure assets owned, operated or maintained by the state agency.
b.
Enable documentation of the extent of assets being maintained by the state agency with linkages to GIS.
c.
Provide implementation in phases to accommodate the implementation approach desired by state agency.
d.
Provide disconnected editing and viewing of subsets of planned maintenance requests (e.g., maintenance histories for all open work order assets, map locations for open work orders, etc.). The state agency will utilize the AM/CMMS for handling all infrastructure asset management activities.
e.
Provide required reporting to support the following broad functional needs: The data collected in the AM/CMMS system will be utilized for a variety of internal purposes including, but not limited to life-cycle asset management, capital project planning, asset refreshment and replacement schedules, asset disposal cycles, on-going asset maintenance frequencies, and measuring compliance with adopted service levels.
f.
Provide for full automation of Governmental Accounting Standards Board Statement No. 34 (GASB 34) compliance for infrastructure assets.
g.
Provide the ability to automate GASB 34 reporting for the state agency’s infrastructure assets.
h.
Provide linkages to departmental documentation and data including on-line operation and maintenance (O&M) manuals, Standard Operating Procedures (SOP), historical Construction Documents and inspection/condition assessment reports.
i.
Track asset life cycle from conception/implementation (installation, construction, or connection) to expiration or decommission.
j.
Provide for future planning and projects regarding investments in new assets, or rehabilitation and replacement of existing assets to meet expected service demands including the use of performance curves in evaluating maintenance needs and replacement priorities.
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k.
Provide a work order assignment system that is automated, easy to utilize and time efficient for field operations staff’s use in handling assigned work activities.
l.
Provide for the development and analysis of annual work plans to project manpower, equipment and material needs across all infrastructure assets of the state agency.
m. Monitor maintenance service levels by asset class and location to facilitate a consistent level of maintenance service throughout the state agency for all infrastructure assets, and report locations where maintenance service levels have fallen below minimum standards and provide reports that document, list and project costs for deferred maintenance and provides a predictive maintenance approach to asset management. n.
Budget manpower, equipment and materials based on estimated work effort.
o.
Provide for comprehensive work scheduling and reporting.
p.
Provide for the scheduling of preventive maintenance and corrective repairs.
q.
Set objectives for each individual or for groups of assets to complete a work activity on a periodic basis (e.g., exercise these valves once per year).
r.
Set performance standards for the amount of work done per crew hour for a work activity or an asset group basis (e.g., for this group of valves a crew can exercise 2 valves per hour).
s.
Provide project dates for the completion of a work activity on a group of assets based on performance standards for the number of crew hours a crew will spend each day working on the group of assets.
t.
Measure preventative maintenance, work that has been completed, and the progress of the work.
u.
Provide for the tracking of contract maintenance.
v.
Track and compare contracted and in-house unit cost for maintenance.
w. Provide standard data reports to assist with managerial decisions and include an ad-hoc reporting tool to satisfy administrative queries related to the amounts, location, and condition of infrastructure assets and the development and maintenance cost for the state agency’s infrastructure. x.
Track specific reporting requirements, unique to land assets that must be met by MDC relative to land acquired and maintained with federal funds. Solution functionality should enable the automation of these reporting requirements within the system, either as a standard reporting format or through the development of a customized report template.
y.
Provide for a single data entry point for information and attributes regarding infrastructure assets.
z.
Support, complement, and automate the MDC’s efforts to implement best management practices and procedures related to infrastructure asset management.
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aa. Support mobile devices. 2.1.2
The AM/CMMS solution shall allow state agency managers to: a.
Plan for the future, including defining objectives and priorities, defining work activities, developing annual work programs and budgets, establishing levels of service or frequencies, and defining necessary resources or performance standards.
b.
Organize work activities, including leveling labor resources and allocating resources.
c.
Direct work activities, including authorizing the work, scheduling planned work, and supervising the work.
d.
Control the overall asset management program, including reporting outputs and unit costs, evaluating performance, taking corrective action, and making system refinements.
2.1.3
The contractor must provide all requirements identified herein, including the Lands Solution. All customization to the lands module required to meet all lands requirements will be completed though the PAQ process outlined in section 2.16 herein. Reference Attachment 1: Lands Project Overview.
2.1.4
Any additional required software may be purchased by the state through the contractor in accordance with Exhibit A, Pricing Pages, Line Item #005 herein, other existing state contracts, or other contracting means as determined in the best interests of the state. Any software not included on Exhibit A, Pricing Pages, needed to support and/or operate the system shall be the responsibility of the contractor.
2.2
General Performance Requirements:
2.2.1
The contractor or subcontractor(s) must have successfully implemented AM/CMMS software for at least three comparable public sector clients within the United States in the last four years. It is highly desirable that the contractor, rather than its subcontractor(s), have the required experience since the contractor is the primary entity responsible for the execution, fulfillment, and delivery of the contract requirements. These comparable public sector clients should be large complex organizations comparable to MDC in terms of geographic dispersion, type, and quantity of assets under control. a.
It is highly desirable that the contractor has successfully deployed the proposed system for at least one state agency in the last three years that has similar infrastructure asset management responsibilities as required herein.
2.2.2
The contractor must provide an application that meets or exceeds the business and technical requirements specified herein, including all mandatory requirements in the Requirements Compliance Matrix, Exhibit C.1.
2.2.3
The software must be installed by the contractor and fully functional on servers owned and operated by the State of Missouri and located in the State of Missouri facility; unless the solution provided clearly denotes cloud or off-site storage, whereas prior approval is required by the state agency. If data is stored offsite, the contractor must provide a documented plan outlining how MDC’s data will be stored and protected with off-site storage. The plan must include detail regarding the contractor’s privacy, confidentiality, and security protocols. All data remains the
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property of the MDC at all times – whether stored locally at MDC or virtually on the contractor’s servers. 2.2.4
The contractor shall provide services on an as needed, if needed basis. The State of Missouri does not guarantee any usage of the contract whatsoever.
2.2.5
The contractor must provide for the state agency’s prior approval, the final phasedimplementation plan and schedule of all modules and components and required software configurations and customizations of the AM/CMMS system with clearly identified milestones and deliverables within 30 days after date of award. The contractor must adhere to the final phased-implemenation plan and project schedule (Work Breakdown Structure and Gantt Chart) agreed upon by the contractor and the state agency following contract award unless an alternate schedule is agreed to by the state agency.
2.2.6
The state agency will make a best effort to provide adequate and reasonable state agency staff resources throughout the project.
2.2.7
The AM/CMMS system shall not require any public user to purchase or install software or hardware to access publicly available features of the software. Free downloads, such as mobile apps, are excluded from this prohibition.
2.2.8
The AM/CMMS system must include automation where possible and appropriate to streamline its management and use. The system must include the ability to schedule tasks to occur automatically.
2.2.9
The AM/CMMS system shall only include state agency-approved branding or advertising for any external facing module by the contractor.
2.2.10 All software solutions must be compatible with the state agency’s IT environment identified herein. 2.2.11 If the solution is to be hosted by the state agency, the solution must be compliant with the following requirements: a.
The server component of the solution must either be Native to the server without need for an additional HTTP server environment (e.g., WebSphere, Tomcat), or deployed within the IIS HTTP server environment.
b.
The client component of the solution must not require the use of Flash.
c.
The client component of the solution must not require the use of Java Client.
d.
The client component of the solution must either not require the use of Silverlight or the contractor must show that work is in progress to remove a Silverlight requirement with production deployment by January 1, 2015.
PARA. 2.2.11 e. REVISED BY AMD. #001: e. The reporting capabilities must not require the Crystal Reports client or browser add-on. A Crystal Reports client, as defined herein, is any Crystal Reports install that has to take place on the client machine.
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2.2.12 Any user interfaces to the AM/CMMS system must work with, at a minimum: a.
Internet Explorer 9 and newer versions.
2.2.13 While the following are not supported MDC browsers, it is highly desirable that they be supported to provide users the ability to access the system remotely from non-MDC computers: a.
Mozilla Firefox 3.5 and any newer versions.
b.
Opera 9 and any newer versions.
c.
Safari 5 and any newer versions.
d.
Google Chrome 21.0.1180 or any newer versions.
2.2.14 The contractor’s pricing for the solution, including delivery, development, implementation, and training, shall be inclusive of all travel expenses. 2.2.15 The AM/CMMS system must provide data validation to ensure minimum data quality. 2.2.16 The AM/CMMS system should allow for saving of partially completed forms to be completed during a later session. 2.2.17 The AM/CMMS system must accept documents or attachments to be attached to specific infrastructure assets. PARA. 2.2.18 AND ALL SUBPARAGRAPHS ADDED BY AMD. #001: 2.2.18 If the solution is Software as a Service (SaaS), then the solution must be compliant with the following requirements: a. The client component of the solution must not require the use of Flash. b. The client component of the solution must not require the use of Java Client. c. The client component of the solution must either not require the use of Silverlight or the contractor must show that work is in progress to remove a Silverlight requirement with production deployment by January 1, 2015. d. The reporting capabilities must not require the Crystal Reports client or browser add-on. A Crystal Reports client, as defined herein, is any Crystal Reports install that has to take place on the client machine. 2.3
System Setup, Delivery, and Implementation Requirements:
2.3.1
The contractor must follow formal project management as defined by the Project Management Institute (PMI) and the Project Management Body of Knowledge (PMBOK) guide and standards. The contractor must provide a formal implementation plan and project schedule. The contactor is responsible for maintaining and communicating these documents throughout the project duration.
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2.3.2
The contractor shall begin work with the state agency to implement the system within 14 days after the contractor receives a properly authorized purchase order or notice to proceed or other date as mutually agreed upon between the contractor and the state agency. Implementation assistance shall be based on the agreed upon implementation schedule developed between the state agency and the contractor.
2.3.3
The contractor must provide all services required to successfully implement and manage the AM/CMMS system including but not necessarily limited to, setup services such as training and integration support, and ongoing services such as upgrades, training, and technical support.
2.3.4
The contractor’s project team will configure the applications for baseline operational deployment. It is anticipated that at a minimum 50% of the implementation will occur on-site in Jefferson City, Missouri. For off-site activities, the state agency recognizes that the contractor’s Project Team may require secure outside access to the state agency’s system. The state agency may provide a virtual private network connection for the contractor, allowing access to those IT resources necessary for implementation of the AM/CMMS system. a.
The state agency shall furnish reasonable workspace for the contractor’s on-site staff. Workspace accommodations shall include telephone and multifunction (printer/copier) access.
2.3.5
The contractor’s project team shall work with the state agency’s staff to configure and install the contractor’s databases on a virtualized server supplied by the state agency and create the necessary ODBC connections. If an offsite solution is selected, this task will not be required.
2.3.6
The Work Order and Service Requests forms (these forms shall be part of the solution) shall be configured as agreed to by the contractor’s project team and the state agency, as provided by the contractor’s standard software configuration options.
2.3.7
To fully validate implementation of the overall system, the contractor must provide test plans and test data that is appropriate and agreeable to the state agency. The test plans, user test coordination, and test data will be used during user acceptance.
PARA. 2.3.8 REVISED BY AMD. #001: 2.3.8 The contractor must phase implementation in a manner that enables full-utilization of phased system capabilities unless the functionality is only available upon future data acquisition/availability. 2.3.9
The contractor must provide any system configurations or additions necessary to enable the system to operate according to all mandatory functional, technical and performance specifications presented herein and all functionality described by or warranted by the contractor pursuant to the pricing stated in Exhibit A, Pricing Pages.
2.4
Interface with Existing Systems:
2.4.1
The AM/CMMS system shall have the capability to integrate, communicate, and share data between a variety of software solutions currently employed by the state agency, and the ability to integrate, communicate, and share data between future software implemented by the state agency in standard approaches and file protocols. A listing of the state agency’s existing system is provided herein.
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The state agency requires Enterprise Application Integration (EAI). EAI (or simply ‘integration’) allows for one system to be considered the author of specific data or business services that are then consumed by other systems. Integration can occur on three levels: a. Data level integration allows data to be extracted, transformed and then loaded (ETL) into another database. Systems can allow for data level integration by allowing data it authors to be read by an external ETL process and allowing for data it consumes but does not author to be written into the system’s data via an ETL process. b. Application interface level integration provides an application programming interface (API) that gives access to services within a specific application. This access may be simply to data, to business services or a combination of the two (i.e., access to data with integrity constraints enforced by business services). c. Method level integration provides a shared set of methods stored on a central server or which reside on a distributed network. These methods allow systems to share coded functionality and usually revolve around business services. 1)User interface EAI (or ‘screen scraping’) is not considered ‘integration’. 2) The state agency requires an enterprise application integration environment where individual applications integrate with each other as needed (point-to-point). A message broker or process broker environment is currently not available, although deployment of systems that can leverage message or process broker environments is desirable in planning for the future.
PARA. 2.4.3 REVISED BY AMD. #001: 2.4.3 Description of Other Systems Utilized by MDC: The contractor must provide available methods by which the agency’s in-house software packages as defined herein for managing operations can be integrated with the contractor solution. The following brief descriptions are provided as background regarding the systems currently in use: In-house Software Package
Brief Description An Autodesk product used for design and documentation.
AutoCAD Autodesk Revit Contact Services
Expenditure System
E-Labor ESRI Filebound
Raptor
An Autodesk product used for architectural, structural, mechanical, electrical, and plumbing design and documentation. Series of web services which maintain an enterprise database on external individuals and organizations, (e.g., phone numbers, email addresses, physical addresses, names). An Oracle database that imports/exports data from SAMII (accounting software for the State of Missouri), which is then accessed via Raptor. The system is built upon ASP.net 1.0 framework. Third-party timesheet application utilizing Oracle. Third-party geospatial software. http://www.esri.com/ MDC’s document management solution. Company Name: Filebound Document Management Solutions, http://www.filebound.com/. The backend system utilizes SQL and can interface by using PSI Capture. Custom application that tracks MDC budget and expense information. The system is written in classic ASP (Active Server Pages) using an Oracle backend.
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PowerSteering
Ultipro
Brief Description PowerSteering is the Agency's Project Portfolio Management (PPM) system. The PPM system facilitates a multi-faceted project management approach for any/all divisions of the Agency. The PPM system natively supports integration with other systems. Third party software with a SQL server backend which is used to store personnel information, including management levels, employee salary, hire dates, employee status, etc. Company name: Ultimate Software, http://www.ultimatesoftware.com/.
PARA. 2.4.4 REVISED BY AMD. #001: 2.4.4 The contractor’s project team shall be responsible for defining the integration requirements between the geospatial objects and the contractor solution’s database tables and providing the means to implement the integration accepted by the state agency and necessary to fulfill mandatory requirements herein. Refer to 1.4.6. 2.5
Reporting:
2.5.1
The contractor’s solution must meet the minimum mandatory reporting requirements outlined in Exhibit C-1.
2.5.2
The AM/CMMS system must configure email notifications to staff members related to report generation requirements, scheduled maintenance, past-due activities, and completion of similar activities.
2.5.3
The AM/CMMS system must allow for onscreen viewing and printing of reporting forms.
2.6
Reporting Security:
2.6.1
The contractor’s solution must meet the minimum mandatory reporting security requirements outlined in Exhibit C-1.
2.6.2
The AM/CMMS system must provide a single logon for the user to submit all of the required compliance reports.
PARA. 2.6.3 REVISED BY AMD. #001: 2.6.3 The AM/CMMS system must maintain an audit trail for report, revision, and data history management transactions. PARA. 2.6.3 a., b., and c. DELETED AMD. #001: a. DELETED. b. DELETED. c. DELETED. 2.6.4
The AM/CMMS system must provide role-based user security feature with user roles for: a.
Preparer.
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b.
Viewer.
c.
Certifier.
2.7
Security and Data Privacy Requirements:
2.7.1
The contractor’s solution must meet the minimum mandatory security and data privacy outlined in Exhibit C-1.
2.7.2
The AM/CMMS application should work over standard internet protocols for web servers including the ability to offload SSL traffic to security appliance. All traffic to the web server shall be on clear text ports and the encryption for secure sockets layer (SSL) shall be handled by the security device. Traffic through the firewall shall use only the SSL port and not the clear text port from the web server. This traffic is preferred on TCP port 443. It should not otherwise require openings in a state firewall for any reason.
2.7.3
The contractor shall ensure that the state agency maintain ownership of all data stored in the application.
2.7.4
For security purposes, administrator sessions must automatically time out after a period of inactivity.
2.7.5
The system must provide browser client security and at a minimum utilize secure sockets layer (SSL) with 128 bit encryption or higher.
2.7.6
The State of Missouri shall retain all right, title, and interest (including copyright and other proprietary or intellectual property rights) in the state’s content and in user information. All reports, documentation, data and material developed or acquired by the contractor, as a direct requirement specified in the contract shall become the property of the State of Missouri. The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor's performance under the contract shall be confidential and that no reports, documentation, data, or material prepared as required by the contract shall be released to the public without the prior written consent of the state agency using the AM/CMMS system. Upon expiration, termination, or cancellation of the contract, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall become the property of the state agency using the AM/CMMS system.
2.7.7
The State of Missouri shall retain sole ownership of all information collected as a result of the contract.
2.8
Training:
2.8.1
The contractor must provide all training required for successful implementation and operation the system. The contractor’s training must include, at a minimum, comprehensive system administrator training and on-site “Train the Trainer” training customized to the needs of the state agency and the system features being implemented. The MDC anticipates approximately 50 staff to attend the “Train the Trainer” training.
2.8.2
The contractor must make available classes suitable for the following types of users (actual numbers of individuals required to attend each session will be determined by the state agency at a
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future date; the state agency’s training facility can accommodate up to 20 individuals per session). Classes for Heavy User, Ad Hoc Reporting and System Administrator must be on-site. 2.8.3
The AM/CMMS system must be capable of handling 20 concurrent state agency users. These users may access the system via multiple devices (e.g., workstations, laptops, mobile). The state agency estimates the following types of users to the system: a.
Estimated 100 Casual Users – Staff who will have the ability to check the status of work requests.
b.
Estimated 100 Routine Users – Staff who will have the ability to complete a work order after the crew has completed their work.
c.
Estimated 20 Heavy Users – Staff who will create work orders, schedule work orders, create PM’s, maintain the parts, create reports, and generally will have the ability to use the whole system based on their security level.
d.
Estimated 5 Ad Hoc Reporting Users – Staff with the ability to create Ad Hoc reports for other users of the system or themselves.
e.
Estimated 5 System Administrator Users – Staff with full system access and responsibility for the daily operations of the CMMS.
2.8.4
The solution should provide a mechanism for the MDC to manage the user licenses.
2.8.5
The contractor’s project team must conduct a Maintenance Process Workshop for the state agency to train the implementation team in the documentation of specific activities necessary for developing work order information defaults including but not limited to: a.
Work order or request types (e.g., valve exercising, pump maintenance, pipe replacement).
b.
Distinguish whether the work order or request is preventive or reactive.
c.
Work tasks for each work order type (e.g., remove all loose, broken material, form hole, square up edges, tack coat the area, place hot mix in layers not to exceed 1-1/2”, compact each layer).
d.
Employees and labor classifications in each division.
e.
Inventory (material) types.
f.
Major equipment types (e.g., vehicles, backhoe).
g.
Existing datasets (including GIS) used or slated to be used in the work order or request process.
h.
Samples of service request and work order printout forms.
i.
The hierarchy of work orders/requests and associated tasks.
j.
The default material, equipment and labor to be used.
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k.
The default time period for such tasks.
l.
The GIS activities that are used for this process.
At the time of training, state agency staff shall be provided with training manuals and technical manuals and user manuals customized for the system in both hard and soft format with unlimited rights to duplicate and distribute to the state agency staff. In addition, the contractor shall provide any training aids that are used by the instructors such as reference cards (quick tips guides) showing tips, commonly used key strokes, and shortcuts. The contractor shall provide all training material to the state agency in electronic format that is acceptable to the state agency. a.
All training material costs shall be the responsibility of the contractor pursuant to the pricing in Exhibit A, Pricing Pages herein.
b.
The state agency shall provide a room with equipment necessary for all on-site training (e.g., computers, projector). The contractor must provide the state agency with a list of items necessary for the room setup.
c.
The contractor shall not be charged for use of the training room for training sessions.
d.
The contractor shall provide a minimum of eight hours of direct mentoring assistance related to software functionality, set-up, training, and configuration to the state agency, upon request, during the training and implementation phase. The purpose of this mentoring is to ensure one (or more) state agency staff has the necessary skill-levels to oversee the AM/CMMS solution on a day-to-day basis. 1) The lands software functionality may require additional direct mentoring assistance. Lands mentoring services will be obtained via the PAQ process.
2.8.7
The contractor must provide on-site training for state agency administrators within 30 calendar days of receipt of a purchase order from the state agency for delivery and implementation of the software or such other time as is mutually agreed upon between the contractor and the state agency. This initial training shall be provided on-site at a state office building in Jefferson City, Missouri selected by the state agency. a.
2.8.8
All costs for initial training shall be included in the costs stated in Exhibit A, Pricing Pages. Pricing shall include all travel expenses.
Web-Based Training: The contractor must provide web-based training as described below: a.
The contractor must provide the option for various AM/CMMS users to be trained via instructor led web-based training session(s) or through self-guided online web-based training sessions. There is a preference for access to instructor-led courses for any initial training provided solely through web-based training and access to online self-directed training courses or training library for remedial or refresher training. 1) All costs for web-based training sessions shall be included in Exhibit A, Pricing Pages. Pricing shall include all travel expenses.
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2.9
Maintenance and Support Requirements:
2.9.1
Account Manager: The contractor shall provide an account manager assigned to the state agency, to assist with setup, state agency administrator and principle administrator training, and ongoing support.
2.9.2
Technical Support: The contractor must provide to the agency a contact phone number that the state agency can use to report technical system problems. The phone number, if not a direct contact line to the contractor support structure, must provide a maximum of a 60-minute call back response by contractor personnel during support hours identified in 2.9.4. A toll free telephone number for support is preferred. a.
The contractor shall provide unlimited phone and email support during the duration of the contract.
b.
The contractor, directly or through a contracted third-party, must provide technical/help desk support Monday through Friday, at least eight hours per day, that overlap with the normal state agency operating hours of 8:00 a.m. to 5:00 p.m. CST.
c.
The contractor shall keep a log of all maintenance/technical support calls made to the help desk/technical support personnel, and document the complaints and problems reported to the help desk system by state agency staff utilizing the websites. The log shall be made available to the state agency upon request. The log must contain, at a minimum, the following information: 1) Time of call. 2) Name of caller. 3) Caller’s telephone number and/or email address. 4) Description of reported problem/complaint. 5) Indication of whether the problem/complaint was resolved at time of call. 6) Description of any follow-up investigation/resolution plans. 7) Assigned case number if resolution not provided during call. 8) Date of and description of final resolution.
2.9.3
Electronic Support: The contractor should provide electronic support. Electronic support includes the ability to report problems to the contractor on-line, the ability to browse a database containing problems, technical questions, and the ability to fix problems electronically.
2.9.4
System Maintenance Support Services: The contractor must provide system maintenance (e.g., upgrades, enhancements, new releases.) and technical support for all products/services provided including ongoing unlimited telephone technical support problem determination and resolution. So long as the state agency pays the maintenance/purchase/subscription fees as specified within Exhibit A, the contractor shall provide to the state agency all generally publicly available
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improvements and additions to the functionality, as well as new functions, of the licensed system and provide the maintenance services as specified herein.
2.9.5
a.
The contractor shall maintain the licensed system so that it operates in conformity with all descriptions and specifications stated herein and as applicable in the RFP Exhibits/Attachments including specifications for the performance of all improved or modified versions that the state agency has been licensed to use. Any system components upgrades must accommodate and maintain the state agency baseline configurations required to fulfill the mandatory specifications in the RFP.
b.
Maintenance services shall include, at a minimum, the detection and correction of system errors according to the specifications described herein, in the applicable Exhibits/Attachment and in the contractor's documentation of the system and the implementation of all program changes, system configuration, new releases/updates, upgrades, enhancements, new versions and implementation of additional programs provided under this contract. The contractor agrees to respond to the state agency’s inquiries regarding the use and functionality of the solution as issues are encountered by system users.
c.
For any customization of the system to meet mandatory requirements of the RFP, the contractor shall be required to provide system technical support of those customizations throughout the life of the contract. Such customization maintenance services must be included in the costs specified in Exhibit A for system maintenance. Any new versions or new releases of the system application acquired by or provided to the state pursuant to the contract must include the customizations of the system required herein.
The state agency reserves the right to determine and assign levels of severity for the issue/support problems. The severity of the issue/support problem shall determine the problem resolution response time in any calendar month of the contract as follows:
PARA. 2.9.5 a. REVISED BY AMD. #001: a. Severity Level 1 shall be defined as urgent situations, when the state agency’s system is down and the state agency is unable to use the system, the contractor’s technical support staff shall accept the call for assistance at the time the state agency places the initial call; however if such staff is not immediately available, the contractor shall return the call within 60 minutes during the hours of technical support as defined in paragraph 2.9.2 herein. The contractor shall resolve Severity Level 1 problems as quickly as possible, which shall not exceed one business day unless otherwise authorized in writing by the agency. PARA. 2.9.5 b. REVISED BY AMD. #001: b. Severity Level 2 shall be defined as critical system component(s) that has significant outages, is producing incorrect results, or a system failure precluding its successful operation, or possibly endangering the agency’s environment. The system may operate but is severely restricted. The contractor’s technical support staff shall accept the state agency’s call for assistance at the time the state agency places the initial call; however if such staff is not immediately available, the contractor shall return the state agency’s call within 60 minutes during the hours of technical support as defined in paragraph 2.9.2 herein. The contractor shall resolve Severity Level 2 problems as quickly as possible, which shall not exceed five business days, unless otherwise authorized in writing by the state agency. PARA. 2.9.5 c. REVISED BY AMD. #001:
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Page 22 Severity Level 3 shall be defined as a minor problem that exists with the system but the majority of the functions are still usable and some circumvention may be required to provide service. The contractor’s technical support staff shall accept the state agency’s call for assistance at the time the state agency places the initial call; however if such staff is not immediately available, the contractor shall return the state agency’s call on average within 120 minutes during the hours of technical support as defined in paragraph 2.9.2 herein. The contractor shall resolve Severity Level 3 problems as quickly as possible, which shall not exceed eight business days, unless otherwise authorized in writing by the state agency.
2.9.6
During any contract period, the contractor’s repeated failure to meet the above stated call back, on-site, and/or problem resolution response times shall provide grounds for withholding of payments for invoices due to the contractor until resolution of issues/problems have been achieved or may result in the cancellation of the contract. The agency shall notify the contractor in writing of any intention to withhold payment of fees pursuant to this section for contractor’s failure to perform in accordance with the terms and conditions of this contract agreement. Should the state fail to provide such written notification to the contractor prior to the expiration of the current contract period, it will void the state’s ability to withhold payments for products/services invoiced for that particular period. However, this in no way affects the state’s ability to seek such remedy in any subsequent renewal option years should such issues persist. The contractor acknowledges and agrees that such delayed payment of invoices shall in no event impair the obligation or liability of the contractor to perform according to the terms of the contract. Late payment fees shall not be assessed or payable for such delayed payment of invoices due to contractor’s repeated failure to meet the response times. Should the contract be cancelled by the state, the contractor shall be entitled to receive just and equitable compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.
2.9.7
The contractor shall provide professional documentation of all system capabilities and setup processes.
2.10
Payment Holdback:
2.10.1 Ten percent (10%) of each deliverable, as identified on Exhibit A, Pricing Pages, shall be held back by the state agency and shall be paid to the contractor upon final acceptance by the state agency of the entire contract project completion and receipt by the state agency of an accurate invoice for the final deliverable. The contractor shall understand and agree that the payment holdback provisions described herein shall not be construed as a penalty. 2.10.2 Forfeiture of Payment Holdback shall result when: a.
The contractor fails to fulfill the mandatory requirements of the contract resulting in a deliverable being considered non-compliant with the contract requirements and the contractor fails to correct and resolve the issue within ten business days or other timeframe as agreed to in writing by the state agency’s Project Manager; or
b.
The contractor fails to provide the state agency with an accurate invoice for all successfully completed and accepted deliverables for a contract project within 45 days after agency acceptance of the deliverables.
2.10.3 Return of Payment Hold shall result:
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a.
If the contract project is canceled by the state agency due to reasons not attributable to the fault of the contractor prior to completion of the project, all payment holdback amounts retained by the state agency for that particular contract project shall be returned to the contractor; or
b.
If the contract project is completed and accepted by the state agency and the contractor has invoiced for the project in accordance with the provisions and requirements of the contract.
System Warranty:
2.11.1 The contract must provide at a minimum a 180-day warranty. The warranty period shall commence upon the date of complete implementation of the system and acceptance by the state agency. The contractor shall warrant that the system shall conform to the mandatory technical and performance requirements described herein. 2.12
Upgrades/Replacements/Annual Maintenance:
2.12.1 The contractor shall agree and understand that the state agency reserves the right to bid out any future upgrades and/or replacements and to determine whether to implement any future upgrades, patches or modifications to the base system purchased, at its sole discretion. 2.12.2 Nothing within the contract shall require the state agency to accept or pay for any annual maintenance fee unless expressly agreed to by the state agency. The state agency may, at its sole discretion, stop annual maintenance costs at any point by withholding payment for said annual maintenance without penalty. 2.13
Other Requirements:
2.13.1 Single Point of Contact: The contractor must function as the single point of contact for the state agency, regardless of any subcontract arrangements for all products and services. This shall include assuming responsibility and liabilities for all problems relating to all hardware, software and services provided. 2.14
Software Requirements:
2.14.1 State Agency-Hosted Solution: Upon payment of a one-time license fee, the state agency shall have a perpetual license that is non-exclusive, irrevocable and unrestricted to use as identified herein. The license shall not include any limitations regarding the volume of use of the application, number of subscribers, number of email or text messages sent beyond those outlined in the proposal submitted. There shall be no additional “usage-based” fees imposed upon the state agency for use of the system. a.
All maintenance and technical support fees required in order to receive system updates (which include upgrades, enhancements, corrections, modifications, system configuration, database maintenance, additions and later versions of the licensed product) and fixes to technical support problems/website errors shall be included in the annual maintenance/subscription fees specified in Exhibit A, Pricing Pages. The state agency reserves the right to not purchase maintenance. In the event the state agency makes a determination not to purchase maintenance, the contractor must provide the ability and option for the state agency to purchase maintenance in the future without penalty and upon
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b.
Any language or provisions contained in any “shrinkwrap” or “clickwrap” agreement shall be of no force or effect with regards to the state’s utilization of the product(s). The State of Missouri shall not be bound by, any “shrinkwrap license”, which is bundled with the products, the documentation, or the deliverables or any “disclaimers” or “click to approve” terms or conditions now or hereafter contained in the products, the documentation, the deliverables or any web site which the state uses in connection with the contractor’s products or services.
2.14.2 Software as a Service Solution: The contractor shall grant a non-exclusive, non-transferable right and license to use the software and service for its internal business use including the current version of the software and updates during the term of the subscription. The contractor shall be responsible for the maintenance for the service platform including hardware maintenance, patches, software upgrades, and bug fixes. This maintenance shall be supplied for the term of the subscription at no additional cost. The state agency shall have the right to receive the automated solution without limitations as long as the subscription fees are current.
2.15
a.
All rights, title and interest in the software and any updates, upgrades or modifications shall remain the property of the contractor. The contractor shall supply the host platform and connections to the state agency with the concurrent users identified herein and the software rights of the preceding paragraph. MDC will use the Internet as the connection vehicle.
b.
The state agency shall have the option to approve upgrades and maintenance to the service platform to minimize downtime and interruptions to the service. Major upgrades such as a version release will require coordination with the state agency.
c.
All data stored on the service platform shall remain the property of the state agency. At the termination of this agreement for any reason, all data shall be transferred back to the state agency.
d.
All maintenance and technical support fees required in order to receive system updates (which include enhancements, corrections, modifications, system configuration, database maintenance, additions and later versions of the licensed product) and fixes to technical support problems/website errors shall be included in the subscription fees specified in Exhibit A, Pricing Pages.
e.
Any language or provisions contained in any “shrinkwrap” or “clickwrap” agreement shall be of no force or effect with regards to the state’s utilization of the product(s). The State of Missouri shall not be bound by, any “shrinkwrap license”, which is bundled with the products, the documentation, or the deliverables or any “disclaimers” or “click to approve” terms or conditions now or hereafter contained in the products, the documentation, the deliverables or any web site which the state uses in connection with the contractor’s products or services.
Information Technology Accessibility Compliance:
2.15.1 Section 191.863 of the Revised Statutes of Missouri (RSMo) requires state agencies to make information technologies accessible to individuals with disabilities. The State of Missouri’s Information Technology (IT) Accessibility Standards
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(http://www.oa.mo.gov/itsd/cio/standards/ittechnology.htm) provide direction for complying with RSMo 191.863. All products provided by the contractor shall comply with the applicable accessibility requirements of the Missouri IT Accessibility Standards, unless the contractor’s awarded bid response contains specific disclosure of product non-conformance in a Voluntary Product Accessibility Template (VPAT; http://www.itic.org/dotAsset/5644ecd2-5024-417f-bc23a52650f47ef8.doc.) or other comparable document.
2.16
a.
The contractor shall promptly respond to any complaint brought to its attention regarding accessibility of the products provided hereunder that were specified in the contractor’s awarded bid response as compliant products. The contractor shall resolve such complaints by bringing the product into compliance with the applicable Missouri IT Accessibility Standards at no additional cost to the State. The contractor shall indemnify and hold harmless the State of Missouri and any Missouri government entity purchasing the contractor’s products from any claim arising out of the contractor’s failure to comply with the aforementioned requirements.
b.
The contractor must abide by the Missouri Digital Media Developers (DMD) Web Guidelines, which include the mandatory accessibility information for Section 508 and Chapter 191 compliance for any web based systems. Refer to the following web site: http://www.oa.mo.gov/itsd/cio/standards/ittechnology.htm.
Project Assessment Quotations (PAQs):
2.16.1 The contractor’s solution must allow for customizations of its functionality in order to provide the agency with enhancements and/or new functionality requested by the agency during or after implementation of the solution required herein and accepted by the state. The State of Missouri reserves the right to conduct a separate procurement process(es) to establish a contract(s) for the same or similar services for any of the agency's specific requirements and/or to utilize alternative services contracts, if determined to be in the state’s best interests. 2.16.2 For customization of the Lands module to meet all mandatory requirements, and for customization to add enhancements or modifications that are not included or required in the requirements herein, the contractor shall agree that the state agency may utilize the Project Assessment Quotation (PAQ) as a means (1) to identify the specific tasks to be performed and (2) to mutually agree upon the total price to be paid to the contractor upon completion of the specified tasks. The PAQ process shall occur in a controlled sequence of proposals and approvals by the agency’s designated Project Director as outlined below. The contractor shall understand and agree that the general protocol for PAQ workflow shall be as described below: a.
STEP 1: PAQ REQUEST The agency’s designated Project Director will present a written request for each PAQ to the contractor, in a standard format. The agency’s request must explain the scope of the project and the tasks the agency desires the contractor to perform, including applicable business and technical specifications.
b.
STEP 2: DRAFT PAQ The contractor must respond (within a prescribed number of days mutually agreed upon by the state agency and the contractor) to each such PAQ request from the agency’s designated Project Director with a draft PAQ which provides a statement of cost (based upon the hourly rates specified on the pricing pages) and time, technical and strategic alternatives, and solution recommendations.
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c.
STEP 3: APPROVAL OF DRAFT PAQ If the draft PAQ is approved by the agency’s designated Project Director, the contractor must then prepare a final PAQ for resubmission to the agency’s designated Project Director for final approval.
d.
STEP 4: FINAL PAQ The contractor’s final PAQ must include: 1)contract number; 2)state agency name/address; 3)state agency designated project director name and phone number; 4)contractor contact name and phone number; 5)brief title of specific PAQ; 6)final PAQ issue date; 7)a detailed itemization and description of all of the project tasks which shall be completed by the contractor (i.e., project work), including requirements for and specified frequency of any required status reports; the specified project tasks and deliverables must be clearly stated and must be quantifiable; 8)the firm, fixed total number of project hours for contractor personnel and the firm, fixed cost (based upon the hourly rates specified on the pricing pages); 9)detailed completion schedule for each task/component of the project work; 10)mutually agreed upon turnaround times for the agency’s designated Project Director to review, approve and formally accept or reject the components of the contractor’s project work in accordance with the approved final PAQ; 11)mutually agreed upon milestones for compensation of project costs for the contractor’s project work, including any mutually agreed upon holdbacks for specified deliverables and holdback release time frames for specified deliverable completion; 12)identification of the specific tasks within each component of the PAQ which must be completed by state agency personnel; 13)signature and date lines for both the contractor and the agency’s designated Project Director to signify approval.
e.
STEP 5: APPROVAL OF FINAL PAQ The contractor and the agency’s designated Project Director must indicate mutual acceptance of the final PAQ by signing and dating the final PAQ. The agency’s designated Project Director (1) must retain one signed copy; (2) must forward a copy to the Division of Purchasing and Materials Management for inclusion in the contract file and (3) must send one copy to the contractor.
f.
STEP 6: AUTHORIZATION TO PROCEED/ PAQ PROJECT WORK An approved final PAQ alone does not constitute an authorization to proceed with project work. Before proceeding with project work, the contractor must receive a properly authorized Contract Release Order except the state agency may authorize an obligation of less than $25,000 pursuant to the terms of the contract without the official encumbrance of funds. Project work shall include the contractor’s completion of the tasks identified in the final PAQ.
g.
STEP 7: FORMAL ACCEPTANCE Upon the completion of all project work of a given PAQ, the contractor must notify the agency’s designated Project Director in writing and shall submit an invoice in accordance with the PAQ approved by the agency’s designated Project Director. The agency’s
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Page 27 designated Project Director shall review, approve, and formally accept or reject the components of the PAQ project work in accordance with the turnaround time outlined in the PAQ. Formal acceptance shall not be unreasonable delayed or withheld by the state. Once the PAQ project work has been formally accepted by the state agency, the contract shall deliver the source code materials pertaining to the PAQ project work to the state agency within five (5) business days.
h.
STEP 8: COST RECOVERY FOR CONTRACTOR Project costs for the PAQ project work shall be reimbursable upon formal acceptance by the agency’s designated Project Director in accordance with the milestones for compensation outlined in the PAQ.
2.16.3 General Requirements: a.
The contractor shall submit draft and final PAQs in a timely manner. The state agency and the contractor shall mutually agree upon the prescribed number of days for the contractor to submit the draft and final PAQs.
b.
The agency’s designated Project Director reserves the right to reject any contractorsubmitted PAQ, and/or request the contractor to submit a revised PAQ with adjustments (e.g., revised cost, length of time, solution recommendation, etc.).
c.
The contractor shall not be paid for the preparation of the PAQ.
d.
A PAQ request, the draft and final PAQs, and the contractor’s project work must be within the scope of the performance requirements identified in the contract, which the contractor was awarded and must not change any provision of the contract.
e.
Any changes to the PAQ must be formalized in writing as an official revision to the final PAQ. The format of PAQ revisions shall be consistent with the format of the final PAQ as outlined above, including the distribution of the original to the Division of Purchasing and Materials Management, a copy to the contractor and retaining a copy for the agency’s designated Project Director. The contractor shall agree and understand the firm, fixed cost stated in the final PAQ shall not be increased unless the state agency requests a corresponding increase in the scope of work under the PAQ. If the scope of work does not increase, the contractor shall complete all work agreed upon in the PAQ at the firm, fixed cost stated in the PAQ.
f.
The agency’s designated Project Director shall have the right to terminate the PAQ at any time, for the convenience of the agency, without penalty or recourse, by giving written notice to the contractor at least five (5) business days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all developed source code, documents, data, reports, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the agency’s designated Project Director become the property of the State of Missouri. The contractor shall be entitled to receive compensation for that work completed and accepted by the State pursuant to the PAQ prior to the effective date of termination.
g.
The duration of any PAQ must not exceed the effective contract period.
B2Z13065 2.16.4 Project Assessment Quotation Invoicing: The contractor shall submit an itemized invoice to the agency within 30 calendar days after completion of and in accordance with the mutually agreed upon milestones for compensation of project costs for the contractor’s project work (as specified in applicable Project Assessment Quotation).
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B2Z13065 3. PROPOSAL SUBMISSION INFORMATION AND REQUIREMENTS: This section of the RFP includes information and instructions to the offeror that are integral to vendors offering a proposal. The contents of this section are informational and instructional. Many of the instructional provisions require certain actions by the vendor in offering a proposal. 3.1
Preparation and Submission of Proposals:
3.1.1
ELECTRONIC SUBMISSION OF PROPOSALS THROUGH THE ON-LINE BIDDING/VENDOR REGISTRATION SYSTEM WEBSITE IS NOT AVAILABLE FOR THIS RFP.
3.1.2
Proposal Organization: In order to provide optimal readability of their proposal by evaluators, offerors are strongly encouraged to organize their proposal as follows: Signed RFP and RFP Amendment Cover Pages Table of Contents Transmittal Letter/Executive Summary Exhibit A: Pricing (Cost) Exhibit B: Experience of Organization and Expertise of Personnel Exhibit C: Functional/Technical Capabilities and Method of Performance Exhibit C.1: Requirements Compliance Matrix Exhibit D: Participation by Other Organizations Exhibit E: Business Entity Certification, Enrollment Documentation and Affidavit of Work Authorization Exhibit F: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions Exhibit G: Miscellaneous Information Terms and Conditions Attachment 1: Lands Project Overview
3.1.3
Conciseness/Completeness of Proposal: It is highly desirable that the offeror respond in a complete, but concise manner. It is the offeror's sole responsibility to submit information in their proposals as it relates to the evaluation categories to allow the state to conduct a complete and efficient evaluation. The State of Missouri is under no obligation to solicit such information if it is not included in the offeror's response. The offeror's failure to submit such information may cause an adverse impact on the evaluation of their proposal. Information not relevant to the requirements herein or the offeror’s proposed solution should be excluded from the offeror’s proposal.
3.1.4
Proposal Copies: The offeror's proposal should include an original document, plus eight copies for a total of nine documents. In addition, the offeror should include complete electronic copies of their proposal in Microsoft compatible format or in .pdf on CD(s) or flash drive(s) for each of the copies and original proposal.
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a.
The offeror should ensure all copies and all media are identical to the offeror’s hardcopy original proposal. In case of a discrepancy, the original hardcopy proposal document shall govern.
b.
The front cover of the original hard copy proposal should be labeled “original” and the front cover of all copies should be labeled “copy.”
c. Both the original and the copies should be printed on recycled paper and double sided. 3.1.5
Confidentiality and Proprietary Materials: a.
Pursuant to Section 610.021, RSMo, proposals and related documents shall not be available for public review until a contract has been awarded or all proposals are rejected.
b.
The DPMM is a governmental body under Missouri Sunshine Law (Chapter 610 RSMo). Section 610.011, RSMo, requires that all provisions be “liberally construed and their exceptions strictly construed” to promote the public policy that records are open unless otherwise provided by law. Regardless of any claim by an offeror as to material being proprietary and not subject to copying or distribution, or how an offeror characterizes any information provided in its proposal, all material submitted by the offeror in conjunction with the RFP is subject to release after the award of a contract in relation to a request for public records under the Missouri Sunshine Law (see Chapter 610 RSMo). Only information expressly permitted to be closed pursuant to the strictly construed provisions of Missouri’s Sunshine Law will be treated as a closed record by the DPMM and withheld from any public request submitted to the DPMM after award. Offerors should presume information provided to the DPMM in a proposal will be public following the award of the contract or after rejection of all proposals and made available upon request in accordance with the provisions of state law.
c.
In no event will the following be considered confidential or exempt from the Missouri Sunshine Law: 1) Offeror’s entire proposal; 2) Offeror’s pricing; 3) Offeror’s proposed method of performance including schedule of events and/or deliverables; 4) Offeror’s experience information including customer lists or references; 5) Offeror’s product specifications unless specifications disclose scientific and technological innovations in which the owner has a proprietary interest (see Section 610.021, RSMo, Paragraph 15).
d.
In the event that the offeror does submit information with their proposal that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such parts of their proposal must be separated and clearly marked as confidential within the offeror’s proposal along with an explanation of what qualifies the material to be held as confidential pursuant to the provisions of Section 610.021, RSMo. The offeror’s failure to follow this instruction shall relieve the state of any obligation to preserve the confidentiality of the documents.
e.
The offeror’s sole remedy for the state’s denial of any confidentiality request shall be limited to withdrawal and return of their proposal at the offeror’s expense.
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3.1.6
Imaging Ready: Except for any portion of a proposal qualifying as proprietary or confidential as determined by the DPMM as specified above, after a contract is executed or all proposals are rejected, all proposals are scanned into the DPMM imaging system. The scanned information will be available for viewing through the Internet from the DPMM Awarded Bid and Contract Document Search system. Therefore, the offeror is advised not to include any information in the proposal that the offeror does not want to be viewed by the public, including personal identifying information such as social security numbers. Also, in preparing a proposal, the offeror should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the proposal and should limit proposal content to items that provide substance, quality of content, and clarity of information.
3.1.7
Compliance with Requirements, Terms, and Conditions: Offerors are cautioned that the State of Missouri shall not award a non-compliant proposal. Consequently, any offeror indicating noncompliance or providing a response in conflict with mandatory requirements, terms, conditions, or provisions of the RFP shall be eliminated from further consideration for award unless the state exercises its sole option to competitively negotiate the respective proposal(s), and the offeror resolves the noncompliant issue(s).
3.1.8
a.
The offeror is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain terms and conditions which conflict with those of the RFP and its contractual requirements.
b.
In order to ensure compliance with the RFP, the offeror should indicate agreement that, in the event of conflict between any of the offeror's response and the RFP requirements, terms, and conditions, the RFP shall govern. Taking exception to the state's terms and conditions may render an offeror's proposal unacceptable and remove it from consideration for award.
To facilitate the evaluation process, the offeror is encouraged to organize their proposal into sections that correspond with the individual evaluation categories described herein. The offeror is discouraged from referring evaluators to other sections of their proposal to find a response to a particular RFP provision. The offeror is cautioned that it is the offeror’s sole responsibility to submit information related to the evaluation categories to allow the state to conduct a complete and efficient evaluation. The State of Missouri is under no obligation to solicit such information if it is not included with the proposal. The offeror’s failure to submit such information may cause an adverse impact on the evaluation of the proposal. Poorly organized and poorly prepared proposals may result in reduced subjective evaluation consideration being given. Information not relevant to the requirements herein or the offeror’s proposed solution should be excluded from the offeror’s proposal. a.
The signed signature page from the original RFP and all signed amendments (if any) should be placed at the beginning of the proposal, with the latest amendment placed on top.
b.
Each section of the proposal should be titled with the applicable individual category described below, and all material related to that category should be included therein. 1) Signed RFP signature page and any Amendment cover pages 2) Table of Contents 3) Transmittal Letter/Executive Summary 4) Exhibit A – Pricing Pages 5) Exhibit B – Experience of Organization and Expertise of Personnel 6) Exhibit C – Functional/Technical Capabilities and Method of Performance 7) Exhibit C.1 – Requirements Compliance Matrix
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Page 32 8) Exhibit D – Participation by Other Organizations (e.g. MBE, WBE, SDVE, Organization for the Blind, Sheltered Workshop) 9) Exhibit E – Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization 10) Exhibit F – Certification Regarding Debarment 11) Exhibit G – Miscellaneous Information
3.1.9
Foreign Vendors: If you are a foreign company and do not have an Employer Identification Number assigned by the United States Internal Revenue Service (IRS), you will need to 1) complete the appropriate IRS W-8 form (found on the www.irs.gov website), 2) complete a State of Missouri Vendor Input Form located at www.oa.mo.gov/acct/ and 3) fax these documents along with a cover letter that states that you wish to register on the State of Missouri On-Line Bidding/Vendor Registration System website to the fax number listed in the Vendor Input Form instructions. The cover letter must include the e-mail address of the individual submitting the documentation. The documentation must be processed by the State of Missouri prior to conducting business with the state. Once the information has been processed, your company will be provided, via e-mail, a number that may be used to register as a State of Missouri vendor through this On-Line Bidding/Vendor Registration System website (https://www.moolb.mo.gov). a.
If your company is a foreign company and you have an Employer Identification Number assigned by the IRS, completing an IRS W-8 form will not be necessary and you may register as a vendor with the State of Missouri through the On-Line Bidding/Vendor Registration System website by using the Employer Identification Number assigned to your company by the IRS.
b.
When submitting your bid/proposal, attach a note to the front page advising DPMM whether you have (1) submitted a W-8 prior to submission of the bid/proposal, (2) included the completed W-8 form with your bid/proposal, or (3) registered with the State of Missouri through the On-Line Bidding/Vendor Registration System website using your Employer Identification Number.
3.2
Actions, Suits, or Proceedings:
3.2.1
To the best of its knowledge and belief, the offeror must represent to the State of Missouri, during the period of its initial proposal response through the date of award of the contract, that no actions, suits, or proceedings, pending or threatened, exist that will have a material adverse effect on the contractor’s ability to fulfill its obligations under the contract.
3.3
Proposal Evaluation and Award:
3.3.1
Evaluation: After determining that a proposal satisfies the mandatory requirements, the evaluator(s) shall use both objective analysis and subjective judgment in conducting a comparative assessment of the proposal in accordance with the evaluation criteria stated below:
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Evaluation Criteria Scoring Category
Maximum Points
Required Costs: Solution Pricing…………………………………..60 points PAQ Pricing …………………………….…..…...30 points
90
Experience of Organization and Expertise of Personnel
15
Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance
85
MBE/WBE Participation
10
TOTAL
200
3.3.2
The offeror is advised that an evaluation committee and other subject-matter experts shall be used to review and assess the proposals for responsiveness to mandatory requirements of the RFP and in accordance with the subjective evaluation criteria stated in the RFP. The ethical standards of 1 Code of State Regulation (CSR) 40-1.050(7)(O) will apply to evaluators. Offerors can be sanctioned for unauthorized contact with any evaluator under 1 CSR 40-1.060(8)(G) and (H).
3.3.3
Competitive Negotiation of Proposals:
3.3.4
a.
The offeror is advised that under the provisions of this Request for Proposal, the Division of Purchasing and Materials Management reserves the right to conduct negotiations of the proposals received or to award a contract without negotiations. If such negotiations are conducted, the following conditions shall apply:
b.
Negotiations may be conducted in person, in writing, or by telephone.
c.
Negotiations will only be conducted with potentially acceptable proposals. The Division of Purchasing and Materials Management reserves the right to limit negotiations to those proposals which received the highest rankings during the initial evaluation phase. All offerors involved in the negotiation process will be invited to submit a best and final offer.
d.
Terms, conditions, prices, methodology, or other features of the offeror’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, the offeror may be required to submit supporting financial, pricing and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal.
e.
The mandatory requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless the Division of Purchasing and Materials Management determines that a change in such requirements is in the best interest of the State of Missouri.
Proposal Presentation and/or Solution Demonstration: After an initial screening process, the state agency reserves the right to request a proposal presentation and/or a solution demonstration with the offeror. If requested, the offeror may be requested to provide a video in MP4, AVI, WMV, or MOV (Quicktime) format no longer than 30 minutes in duration for the state agency’s executive management. The offeror must demonstrate its proposed solution’s ability to meet required functionality in a test environment situation at the state agency facility. Attendance cost
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shall be at the offeror's own expense. All arrangements and scheduling shall be coordinated by the Division of Purchasing and Materials Management. a. The offeror shall have the right to decline to participate in the demonstration; however, information received in the demonstration may be used in the subjective evaluation score of the exhibits. b. An offeror unable to reach compliance to the mandatory requirements of the RFP may not be considered for system demonstration. c. The State of Missouri reserves the right to use information attained from the offeror’s demonstration in the evaluation of Experience and Expertise of Personnel and the Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance, depending upon the applicability of the information attained. 3.3.5
Award Determination: Each solution option (Option A: AM/CMMS State Agency-Hosted Solution and Option B: AM/CMMS Software as a Service Solution) and associated other required costs and PAQ pricing proposed by offerors will be evaluated separately to determine the lowest and best solution per option. The State of Missouri reserves the right to choose between the lowest and best solution options for award. The contract award shall result in one offeror providing the services to fulfill the requirements of the RFP for the solution option chosen by the State of Missouri.
3.4
Evaluation of Cost:
3.4.1
The offeror must respond to Exhibit A with firm, fixed pricing for all applicable costs necessary to satisfy the mandatory requirements of the RFP and the offeror’s proposed solution. All prices quoted shall be firm, fixed for the contract period stated on the signature page of the RFP. Unless stated in Exhibit A, the state shall assume absolutely no other costs exist to satisfy the RFP’s requirements and the offeror’s proposed solution. Therefore, the successful offeror shall be responsible for any additional costs.
3.4.2
The cost evaluations for Option A and Option B shall be based on the pricing provided by the offeror in response to Exhibit A, Pricing Pages, for all mandatory requirements including all renewal options. The cost evaluations shall include all applicable costs necessary to satisfy the requirements of the RFP. a.
Cost Points shall be calculated separately for each of the two solution options using the following formulas: 1) Required Solution Costs: Lowest Total Cost Offeror Total Cost
x
# of Cost Points (60)
=
Offeror’s Cost Points for Required Solution Costs
=
Offeror’s Cost Points for PAQ Hourly Pricing
2) Required PAQ Hourly Pricing: Lowest Total Cost Offeror Total Cost
x
# of Cost Points (30)
B2Z13065 b.
Page 35 The cost evaluations shall include total costs for all required costs (90 points maximum) for each of the solution options as explained below: 1)
A total cost for all Required Solution Costs (60 points maximum) for each of the solution options shall be determined for the original contract period and renewal periods. •
2)
For evaluation purposes, the cost evaluation of each training session’s firm, fixed pricing shall assume six sessions for the initial contract period and three sessions for each renewal option year.
The cost evaluation for PAQ costs (30 points maximum) shall assume, for evaluation purposes only, 2,000 hours of PAQ work to be performed during the contract. If the offeror is providing multiple PAQ job classifications/per-hour rates as indicated on the PAQ costs sheet in Exhibit A – Pricing Pages, then the rates shall be averaged to obtain a single rate to be used in the cost analysis. At the sole determination of the DPMM, any non-relevant/non-essential consultant classification(s) listed in Exhibit A shall not be included in the average calculations.
3.4.3
Offerors are advised that the assumptions used for the cost calculation are estimated averages. Any estimated quantities indicated herein are estimates only. The State of Missouri shall not guarantee any quantities.
3.4.4
All statistical and fiscal information contained in this RFP and its exhibits, including amendments and modifications thereto are provided “As Is,” without warranty, and reflect the state’s best understanding based on information available to the state at the time of RFP preparation. No inaccuracies in such data shall constitute a basis for an increase in payments to the offeror, neither a basis for delay in performance nor a basis for legal recovery of damages, actual, consequential or punitive, except to the extent that such inaccuracies can be shown beyond a reasonable doubt to be the result of intentional misrepresentation by the state.
3.5
Evaluation of Experience and Expertise of Personnel:
3.5.1
The evaluation of Experience and Expertise of Personnel will be subjective based on fact. Information provided by the offeror in response to Exhibit B of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation. a. As part of the evaluation process, the State of Missouri may contact the offeror’s references, including references not listed or identified within the offeror’s proposal but who have current or previous experiences with the offeror. b. The offeror shall agree and understand that the State of Missouri is not obligated to contact the offeror’s references.
3.6
3.6.1
Evaluation of Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance: The evaluation of the Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance will be subjective based on fact. Information provided by the offeror in
B2Z13065 response to Exhibit C and Exhibit C.1 of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation. 3.6.2
Implementation Plan - The offeror should provide a proposed implementation plan, as identified in Exhibit C, or any other format, to describe the proposed schedule for the implementation of the required services beginning from the effective date of the contract to the day services are fully operational. In the event of overlapping or concurrent tasks, a graphic chart (PERT, bar, line, etc.) may be used.
3.7
Evaluation of Offeror's MBE/WBE Participation:
3.7.1
In order for the DPMM to meet the provisions of Executive Order 05-30, the offeror should secure participation of certified MBEs and WBEs in providing the products/services required in this RFP. The targets of participation recommended by the State of Missouri are 10% MBE and 5% WBE of the total dollar value of the contract. a. These targets can be met by a qualified MBE/WBE offeror themselves and/or through the use of qualified subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for MBE/WBE participation. b. The services performed or the products provided by MBE/WBEs must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by MBE/WBEs is utilized, to any extent, in the offeror’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. c. In order to be considered as meeting these targets, the MBE/WBEs must be “qualified” by the proposal opening date (date the proposal is due). (See below for a definition of a qualified MBE/WBE.)
3.7.2
The offeror’s proposed participation of MBE/WBE firms in meeting the targets of the RFP will be considered in the evaluation process as specified below: a. If Participation Meets Target: Offerors proposing MBE and WBE participation percentages that meet the State of Missouri’s target participation percentage of 10% for MBE and 5% for WBE shall be assigned the maximum stated MBE/WBE participation evaluation points. b. If Participation Exceeds Target: Offerors proposing MBE and WBE participation percentages that exceed the State of Missouri’s target participation shall be assigned the same MBE/WBE participation evaluation points as those meeting the State of Missouri’s target participation percentages stated above. c. If Participation Below Target: Offerors proposing MBE and WBE participation percentages that are lower than the State of Missouri’s target participation percentages of 10% for MBE and 5% for WBE shall be assigned a proportionately lower number of the MBE/WBE participation evaluation points than the maximum MBE/WBE participation evaluation points.
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d. If No Participation: Offerors failing to propose any commercially useful MBE/WBE participation shall be assigned a score of 0 in this evaluation category. 3.7.3
MBE/WBE participation evaluation points shall be assigned using the following formula:
Offeror’s Proposed MBE % < 10% + WBE % < 5% State’s Target MBE % (10) + WBE % (5)
3.7.4
Maximum MBE/WBE X Participation Evaluation points (10)
=
Assigned MBE/WBE Participation points
If the offeror is proposing MBE/WBE participation, in order to receive evaluation consideration for MBE/WBE participation, the offeror must provide the following information with the proposal. a. Participation Commitment - If the offeror is proposing MBE/WBE participation, the offeror must complete Exhibit D, Participation Commitment, by listing each proposed MBE and WBE, the committed percentage of participation for each MBE and WBE, and the commercially useful products/services to be provided by the listed MBE and WBE. If the offeror submitting the proposal is a qualified MBE and/or WBE, the offeror must include the offeror in the appropriate table on the Participation Commitment form. b. Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate form, signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed or must provide a letter of intent signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed which: (1) must describe the products/services the MBE/WBE will provide and (2) should include evidence that the MBE/WBE is qualified, as defined herein (i.e., the MBE/WBE Certification Number or a copy of MBE/WBE certificate issued by the Missouri OEO). If the offeror submitting the proposal is a qualified MBE and/or WBE, the offeror is not required to complete Exhibit D, Documentation of Intent to Participate form, or provide a recently dated letter of intent.
3.7.5
Commitment – If the offeror’s proposal is awarded, the percentage level of MBE/WBE participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement.
3.7.6
Definition -- Qualified MBE/WBE: a. In order to be considered a qualified MBE or WBE for purposes of this RFP, the MBE/WBE must be certified by the State of Missouri, OA, OEO by the proposal opening date. b. MBE or WBE means a business that is a sole proprietorship, partnership, joint venture, or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. c. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts, and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration, Washington, D.C.
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3.7.7
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Resources - A listing of several resources that are available to assist offerors in their efforts to identify and secure the participation of qualified MBEs and WBEs is available at the website shown below or by contacting the OEO at: Office of Administration, Office of Equal Opportunity (OEO) Harry S Truman Bldg., Room 630, P.O. Box 809, Jefferson City, MO 65102-0809 Phone: (877) 259-2963 or (573) 751-8130 Fax: (573) 522-8078 Website: http://www.oeo.mo.gov/
3.8
Offeror’s Response to Evaluative Criteria:
3.8.1
Cost: The offeror must respond to Exhibit A with firm, fixed pricing for all applicable costs necessary to satisfy the requirements of the RFP. All prices quoted shall be firm, fixed for the contract period stated on the signature page. THE STATE SHALL ASSUME ABSOLUTELY NO OTHER COSTS EXIST TO SATISFY THE RFP’s REQUIREMENTS. Therefore, the successful offeror shall be responsible for any additional costs. a. The offeror may submit a proposal for one or both solution options. b. The offeror must identify all additional software licenses needed for deployment and clearly indicate which items are included within their proposed cost, and which items must be acquired by the state agency and provide an itemized listing of software firm, fixed costs including any required maintenance costs on the Pricing Pages, Exhibit A, herein. c. The offeror shall agree and understand the firm, fixed pricing stated in Exhibit A shall not be increased unless the state requests a corresponding increase in the scope of work under the contract, which shall only be allowable through a formal contract amendment mutually agreed to between the DPMM and the contractor. In other words, if the offeror underestimates the level of effort in terms of personnel resources, the contractor may not charge the state more than the firm, fixed pricing stated in Exhibit A unless the state later amends the contract to increase the scope of work. If the scope of work does not increase, the contractor shall complete all work agreed upon in the contract at the firm, fixed pricing stated in Exhibit A. d. Customizations to the offeror’s solution to meet the RFP’s required functionality must be included in the firm, fixed pricing in Exhibit A, and only the lands module customizations and additional customizations the state requests that are above and beyond the RFP’s required functionality may be handled through PAQ pricing. e. The AM/CMMS system must be capable of handling 20 concurrent state agency users. This number should be used for licensing estimates. These users may access the system via multiple devices (e.g., workstations, laptops, mobile). Reference 2.8.3 for additional user information.
3.8.2
Experience and Expertise of Personnel: The offeror should provide information relative to the offeror’s experience and expertise of personnel as it relates to the requirements of this RFP. The offeror should respond to the information requested in Exhibit B for purposes of evaluating the offeror’s experience and expertise of personnel.
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a. If submitting proposals for both solution options, the offeror should clearly identify if the experience and expertise of personnel is specific to both solution options proposed, or if specific experience and expertise of personnel is only pertinent to a specifically-identified proposed solution option. 3.8.3
Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance: The offeror should provide information relative to the functional/technical capabilities, Requirements Matrix Compliance, and method of performance as it relates to the requirements of this RFP. The offeror should provide the information requested in Exhibit C and C.1 for purposes of evaluation. In addition, the offeror should provide a proposed implementation plan as identified in Exhibit C. a. If submitting proposals for both solution options, the offeror should clearly identify if the functional/technical capabilities, Requirements Matrix Compliance, and method of performance is specific to both proposed solution options, or if specific functional/technical capabilities, Requirements Matrix Compliance, and method of performance are only pertinent to a specifically-identified proposed solution option.
3.8.4
Offeror's MBE/WBE Participation: The offeror should provide information relative to its organization’s commitment to MBE/WBE participation as it relates to the requirements of this RFP in Exhibit D.
3.9
Miscellaneous Submittal Information:
3.9.1
Organizations for the Blind and Sheltered Workshop Preference - Pursuant to Section 34.165, RSMo, and 1 CSR 40-1.050, a 10 bonus point preference shall be granted to offerors including products and/or services manufactured, produced, or assembled by a qualified nonprofit organization for the blind established pursuant to 41 United States Code (U.S.C.) Sections 46 to 48c or a sheltered workshop holding a certificate of approval from the Department of Elementary and Secondary Education pursuant to Section 178.920, RSMo. a. In order to qualify for the 10 bonus points, the following conditions must be met, and the following evidence must be provided: 1)The offeror must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million. 2)The services performed or the products provided by an organization for the blind or sheltered workshop must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the organization for the blind or sheltered workshop is utilized, to any extent, in the offeror’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.
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Page 40 3)If the offeror is proposing participation by an organization for the blind or sheltered workshop, in order to receive evaluation consideration for participation by the organization for the blind or sheltered workshop, the offeror must provide the following information with the proposal:
Participation Commitment - The offeror must complete Exhibit D, Participation Commitment, by identifying the organization for the blind or sheltered workshop, the amount of participation committed, and the commercially useful products/services to be provided by the listed organization for the blind or sheltered workshop. If the offeror submitting the proposal is an organization for the blind or sheltered workshop, the offeror must be listed in the appropriate table on the Participation Commitment form.
Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate form, signed and dated no earlier than the RFP issuance date by the organization for the blind or sheltered workshop proposed or must provide a letter of intent signed and dated no earlier than the RFP issuance date by the organization for the blind or sheltered workshop which: (1) must describe the products/services the organization for the blind/sheltered workshop will provide and (2) should include evidence of the organization for the blind/sheltered workshop qualifications (e.g., copy of certificate or Certificate Number for Missouri sheltered workshop). If the offeror submitting the proposal is an organization for the blind or sheltered workshop, the offeror is not required to complete Exhibit D, Documentation of Intent to Participate form, or provide a recently dated letter of intent.
b. A list of Missouri sheltered workshops can be found at the following Internet address: http://www.dese.mo.gov/divspeced/shelteredworkshops/index.html. c. The websites for the Missouri Lighthouse for the Blind and the Alphapointe Association for the Blind can be found at the following Internet addresses: http://www.lhbindustries.com and http://www.alphapointe.org d. Commitment – If the offeror’s proposal is awarded, the organization for the blind or sheltered workshop participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement. 3.9.2
Missouri Service-Disabled Veteran Business Enterprise (SDVE) Preference - Pursuant to Section 34.074, RSMo, and 1 CSR 40-1.050, a three (3) point bonus preference shall be granted to offerors including products and/or services manufactured, produced, or assembled by a qualified SDVE. (See below for a definition of a qualified SDVE.) a. In order to qualify for the three (3) bonus points, the following conditions must be met, and the following evidence must be provided: 1) The offeror must either be a SDVE or must be proposing to utilize a SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value.
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Page 41 2) The services performed or the products provided by the SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the SDVE is utilized, to any extent, in the offeror’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. 3) If the offeror is proposing participation by a SDVE, in order to receive evaluation consideration for participation by the SDVE, the offeror must provide the following information with the proposal:
Participation Commitment - The offeror must complete Exhibit D, Participation Commitment, by identifying each proposed SDVE, the committed percentage of participation for each SDVE, and the commercially useful products/services to be provided by the listed SDVE. If the offeror submitting the proposal is a qualified SDVE, the offeror must be listed in the appropriate table on the Participation Commitment form.
Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate form, signed and dated no earlier than the RFP issuance date by the SDVE or a letter of intent signed and dated no earlier than the RFP issuance date by the SDVE which: (1) must describe the products/services the SDVE will provide and (2) should include evidence that the SDVE is qualified, as defined herein. If the offeror submitting the proposal is a qualified SDVE, the offeror is not required to complete Exhibit D, Documentation of Intent to Participate form, or provide a recently dated letter of intent. NOTE: If the SDVE is listed on the following Internet address, the SDVE is not required to provide a copy of the service-disabled veteran’s (SDV’s) award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), and a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs: www.oa.mo.gov/purch/vendorinfo/sdve.html
b. Commitment – If the offeror’s proposal is awarded, the SDVE participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement. c. Definition - Qualified SDVE: 1)SDVE is doing business as a Missouri firm, corporation, or individual or maintaining a Missouri office or place of business, not including an office of a registered agent; 2)SDVE has not less than fifty-one percent (51%) of the business owned by one (1) or more SDVs or, in the case of any publicly-owned business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more SDVs;
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3)SDVE has the management and daily business operations controlled by one (1) or more SDVs; 4)SDVE has a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), and a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs; and 5)SDVE possesses the power to make day-to-day as well as major decisions on matters of management, policy, and operation. 3.9.3
Affidavit of Work Authorization and Documentation - Pursuant to Section 285.530, RSMo, if the offeror meets the Section 285.525, RSMo, definition of a “business entity” (http://www.moga.mo.gov/statutes/C200-299/2850000525.HTM), the offeror must affirm the offeror’s enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The offeror should complete applicable portions of Exhibit E, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of Exhibit E must be submitted prior to an award of a contract.
3.9.4
Certification Regarding Debarment – The offeror certifies by signing the signature page of this original document and any amendment signature page(s) that the offeror is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs. The offeror should complete and return the attached certification regarding debarment, etc., Exhibit F, with their proposal. This document must be satisfactorily completed prior to award of the contract.
3.9.5
Miscellaneous Information - The offeror should indicate if any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States. The offeror should provide all necessary contact information if different from the information provided on the signature page of the RFP. Additionally, if offerors and/or any of the owners of the offeror’s organization are currently an employee of the State of Missouri, a member of the Missouri General Assembly, or a statewide elected official, the offeror must comply with Sections 105.450 to 105.458, RSMo, regarding conflict of interest and provide information in Exhibit G.
3.9.6
Proposal Submittal Checklist – The following checklist is provided to assist the offeror in completing his/her proposal. The offeror is encouraged to utilize this checklist before submitting the proposal. It is the offeror’s sole responsibility to ensure that all mandatory requirements are met and that his/her proposal including all exhibits are properly completed and submitted with the proposal.
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Description – while not all documents/items listed below are mandatory in submitting a responsive proposal, failure to provide adequate information No. to completely address the specified evaluation criteria will at least result in minimal subjective consideration and may result in rejection of the offeror’s proposal. 1. Completed and signed all amendments (if applicable) and original RFP
Completed (√)
(Mandatory that proposal includes signature)
2. 3. 4. 5. 6. 7.
8.
9.
10.
11.
12. 13. 14.
Provided firm, fixed pricing on Exhibit A – Pricing Pages Completed Exhibit B – Experience of Organization and Expertise of Personnel Completed Exhibit C – Functional/Technical Capabilities and Method of Performance Completed Exhibit C.1 – Requirements Compliance Matrix Completed Implementation Plan (see Exhibit C) If applicable, completed Exhibit D – Participation Commitment for any MBE/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed If applicable, completed Exhibit D – Documentation of Intent to Participate, identifying each MBE/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed If applicable, clearly state MBE/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE participation % of Total Value of Contract (or for Blind/Sheltered Workshops, Total Dollar Amount or Participation %) on Exhibit D If applicable, received authorized signature on Exhibit D from every MBE/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE committed to providing products/services under the RFP Completed and signed Exhibit E – Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization (be sure to complete and return all required documents and affidavit (if required)) Completed and signed Exhibit F – Debarment Indicated if any products/services are manufactured/performed outside of the U.S. – Exhibit G, Miscellaneous Information If applicable, clearly marked, separated, and sealed proprietary or confidential information Include 8 copies of proposal with the original proposal clearly marked as “Original.” In addition, electronic copies of the proposals should also be provided.
NOTE: FAILURE TO PROVIDE ADEQUATE INFORMATION TO COMPLETELY ADDRESS THE SPECIFIED EVALUATION CRITERIA WILL AT LEAST RESULT IN MINIMAL SUBJECTIVE CONSIDERATION AND MAY RESULT IN REJECTION OF THE OFFEROR’S PROPOSAL.
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CONTRACTUAL REQUIREMENTS
This section of the RFP includes the general contract requirements and provisions that shall govern the contract after RFP award. The contents of this section include mandatory provisions that must be adhered to by the state and the contractor unless changed by a contract amendment. Response to this section by the offeror is not necessary as all provisions are mandatory. 4.1 4.1.1
Contract: A binding contract shall consist of: (1) the RFP, amendments thereto, and any revisions included in a Best and Final Offer (BAFO) request(s) with RFP changes/additions; (2) the contractor’s proposal including any contractor BAFO response(s); (3) clarification of the proposal, if any; and (4) the DPMM’s acceptance of the proposal by “Notice of Award”. All exhibits and attachments included in the RFP shall be incorporated into the contract by reference. a.
A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency.
b.
The contract expresses the complete agreement of the parties, and performance shall be governed solely by the specifications and requirements contained therein. The State of Missouri shall not sign or execute any additional contract, license, support services, professional services, or other agreements provided by the contractor containing contractual terms and conditions as a result of this procurement, except as otherwise agreed to by the state. 1) The State of Missouri does not negotiate contracts after award.
c.
4.2
Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the DPMM prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.
Contract Period:
4.2.1
The original contract period shall be date of award through full implementation and system acceptance or as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period.
4.2.2
The Division of Purchasing and Materials Management shall have the right, at its sole option, to renew the contract for three (3) additional one-year periods, or any portion thereof, for software maintenance and possible enhancement through the PAQ process. In the event the Division of Purchasing and Materials Management exercises such right, all terms and conditions, requirements and specifications of the contract, included pricing, shall remain the same and apply during the renewal period.
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Page 45 a.If the option for renewal is exercised by the Division of Purchasing and Materials Management, the contractor shall agree that the prices for the renewal period shall not exceed the maximum price for the applicable renewal period stated on the Pricing Page of the contract. b.If renewal prices are not provided, then prices during renewal periods shall be the same as during the original contract period. c.In addition, the contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.
4.3 4.3.1
4.4
Contract Extension: In the event that further time is required to complete development, acceptance, and implementation of the system after expiration of contract, or to complete existing Project Assessment Quotation (PAQ) agreements, the DPMM reserves the right to extend the contract. If exercised, the extension shall be for a reasonable period of time as mutually agreed to by the state and the contractor at the same terms, conditions, provisions, and pricing of the original contract period. Price:
4.4.1
All prices shall be firm, fixed, and as indicated in Exhibit A, Pricing Pages. Except as set forth below, the state shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.
4.4.2
If any of the following events occur while contractor is engaged to provide services under the contract, the contractor and state may mutually agree upon an equitable adjustment as accomplished by a formal contract amendment:
4.5
a.
The scope, approach, or timing of the services change, including without limitation, additional state-imposed restrictions or conditions,
b.
Delays are encountered that are beyond the reasonable control of the contractor,
c.
An assumption set forth by the state in the contract proves to be invalid, or
d.
The state fails to meet its obligations as set forth in the contract.
Payments:
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4.5.1
The contractor shall understand and agree the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must return a completed state Vendor Input/ACH-EFT Application, which is downloadable from the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.
4.5.2
The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.
4.5.3
Payment for all software and/or services required herein shall be made in arrears with the exception that the State of Missouri may make advance deposits/payment for software maintenance (upgrades/new releases/technical support-type agreements, subscriptions) payments only (if applicable).
4.5.4
Other than the payments and reimbursements specified herein, no other payments or reimbursements shall be made to the contractor for any reason whatsoever, including but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.
4.6 4.6.1
Federal Funds Requirement: The contractor shall understand and agree that this procurement shall involve the expenditure of federal funds. Therefore, in accordance with the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, Public Law 101-166, Section 511, "Steven's Amendment", the contractor shall not issue any statements, press releases, and other documents describing projects or programs funded in whole or in part with federal money unless the prior approval of the state is obtained and unless the contractor clearly states the following as provided by the state: a.
The percentage of the total costs of the project or program that will be financed with federal money;
b.
The dollar amount of federal funds for the project or program; and
c.
The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.
4.7
Contractor Liability:
4.7.1
The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the State of Missouri, including its agencies,
B2Z13065 employees, and assignees, from every expense, liability, or payment arising out of such negligent act. The contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract. 4.7.2
The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees.
4.7.3
Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the state for losses or damages (other than those listed above); (2) loss of, or damage to, the state’s records or data; or (3) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.
4.8
Force Majeure:
4.8.1
The contractor shall not be liable for any excess costs for delayed delivery of goods or services to the State of Missouri, if the failure to perform the contract arises out of causes beyond the control of, and without the fault or negligence of the contractor. Such causes may include, however are not restricted to: acts of God, fires, floods, epidemics, quarantine restrictions, strikes, and freight embargoes. In all cases, the failure to perform must be beyond the control of, and without the fault or negligence of, either the contractor or any subcontractor(s). The contractor shall take all possible steps to recover from any such occurrences.
4.9
Actions, Suits, or Proceedings:
4.9.1
The contractor must notify the State of Missouri immediately if the contractor becomes aware of any action, suit, or proceeding, pending or threatened, that will have a material adverse effect on contractor’s ability to fulfill the obligations under the contract.
4.10
Inventions, Patents, and Copyrights:
4.10.1 The contractor shall report to the state promptly and in reasonable written detail each notice or claim of patent or copyright infringement involving any work product concerning the contract of which the contractor has knowledge. The state shall also report to the contractor promptly and in reasonable written detail each notice or claim of patent or copyright infringement. 4.10.2 The contractor shall defend, protect, and hold harmless the State of Missouri, its officers, agents, and employees against all suits of law or in equity resulting from patent and copyright infringement concerning the contractor’s work product, contractor intellectual property, or any contractor provided third-party intellectual property produced under the terms of the contract. The state agrees that the contractor has the right to defend or at its option to settle, and the contractor agrees to defend and indemnify the state at its own expense or at its option to settle, any claim, suit, or proceeding brought against the state on the issue of infringement of any United States patent or copyright by any work product, contractor intellectual property, or any contractor provided third-party intellectual property, or any part thereof, supplied by the contractor to the state under this agreement. The contractor agrees to pay, subject to the limitations hereinafter set forth in this paragraph, any final judgment entered against the state on such issue in any suit or proceeding defended by the contractor. The state agrees that the contractor at its sole option shall be relieved of the foregoing obligations unless the state notifies the contractor promptly in writing
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B2Z13065 of any such claim, suit, or proceeding, and at the contractor's expense, gives the contractor proper and full information needed to settle and/or to defend any such claim, suit, or proceeding. If the work product, contractor intellectual property, or any contractor provided third-party intellectual property, or any part thereof, furnished by the contractor to the state becomes, or in the opinion of the contractor may become, the subject of any claim, suit, or proceeding for infringement of any United States patent or copyright, or in the event of any adjudication that such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof infringes any United States patent or copyright, or if the use, lease, or sale of such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof is enjoined, the contractor may, at its option and its expense: (1) procure for the state the right under such patent or copyright to use, lease, or sell as appropriate such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof, or (2) replace such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof with another product or part suitable to the state, or (3) suitably modify such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof, or (4) discontinue the use of such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof and refund the aggregated payments and transportation costs paid therefore by the state, less a reasonable sum for use and damage. The contractor shall have no liability for any infringement based upon: (1) the combination of such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof with any other product or part not furnished to the state by the contractor, or (2) the modification of such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof unless such modification was made by the contractor, or (3) the use of such work product, contractor intellectual property, or any contractor provided third-party intellectual property or part thereof in a manner for which it was not designed. 4.10.3 The contractor shall not be liable for any cost, expense, or compromise, incurred or made by the state in conjunction with any issue of infringement, without the contractor's prior written authorization. The foregoing defines the entire warranty by the contractor and the exclusive remedy of the state with respect to any alleged patent infringement by such work product or part thereof. 4.11
Insurance:
4.11.1 The contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the contractor or contractor’s employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage, and/or expense related to his or her performance under the contract. The insurance shall include an endorsement that adds the State of Missouri as an additional insured, and it is understood that such insurance is not a waiver of sovereign immunity under Section 537.610, RSMo. 4.12
Termination:
4.12.1 The DPMM reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least
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30 calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination. 4.13
Appropriation of Funds:
4.13.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been sufficiently appropriated, and the state shall not be liable for any costs associated with termination caused by lack of appropriations. 4.14
Contractor Status:
4.14.1 The contractor represents himself or herself to be an independent contractor offering such services to the general public and shall not represent himself/herself or his/her employees to be an employee of the State of Missouri. Therefore, the contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees harmless from and against any and all loss, cost (including attorney fees), and damage of any kind related to such matters. 4.15
Subcontractors:
4.15.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Missouri and to ensure that the State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor. The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract. The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein. The contractor must obtain the approval of the State of Missouri prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld. 4.15.2 Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that a.
the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and
b.
shall not henceforth be in such violation and
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Page 50 the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor’s employees are lawfully present in the United States.
4.16
Contractor’s Personnel:
4.16.1
The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.
4.16.2
If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the contractor.
4.16.3
The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.
4.16.4
If the contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract: (1)
(2)
(3)
Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND Provide to the Division of Purchasing and Materials Management the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND Submit to the Division of Purchasing and Materials Management a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.
4.16.5
In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.
4.17
Participation by Other Organizations:
4.17.1
Participation by Other Organizations - The contractor must comply with any Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation levels committed to in the contractor’s awarded proposal.
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a.
The contractor shall prepare and submit to the DPMM a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops, SDVEs, and/or MBE/WBEs participating in the contract for the reporting period. The contractor must submit the report on a monthly basis, unless otherwise determined by the DPMM.
b.
The DPMM will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the contractor’s awarded proposal. The DPMM in conjunction with the OEO will monitor the contractor’s compliance in meeting the MBE/WBE participation levels committed to in the contractor’s awarded proposal. If the contractor’s payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. If the DPMM determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released.
c.
If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other certified MBE/WBEs or other Organizations for the Blind/Sheltered Workshops or other SDVEs to fulfill the participation requirements committed to in the contractor’s awarded proposal. 1) The contractor must obtain the written approval of the DPMM for any new entities. This approval shall not be arbitrarily withheld. 2) If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the DPMM detailing all efforts made to secure a replacement. The DPMM shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor’s participation commitment.
4.17.2 Within 30 days of the end of the original contract period, the contractor must submit an affidavit to the DPMM. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contractor may use the affidavit available on the DPMM’s website at http://oa.mo.gov/purch/vendor.html or another affidavit providing the same information. 4.18
Substitution of Personnel:
4.18.1 The contractor must provide resumes for all contractor staff being assigned to the project for the review of and acceptance by the state. Contractor staff assigned to the project are subject to the approval or rejection by the state. The state may interview the contractor’s proposed Project Manager prior to acceptance. If there would be a need to replace the Project Manager by the contractor, any subsequent proposed Project Manager may be interviewed by the state prior to acceptance. 4.18.2 The contractor agrees and understands that the State of Missouri's agreement to the contract is predicated in part on the utilization of the specific key individual(s) and/or personnel qualifications identified in the proposal. Therefore, the contractor agrees that no substitution of such specific key individual(s) and/or personnel qualifications shall be made without the prior written approval of the state agency, except in circumstances such as death, disability, illness,
B2Z13065 grave personal circumstances, military service, resignation, termination, or other severance of association (“Special Circumstances”). The contractor should provide at least a two-week advance notification to the state in the event the contractor must make a substitution of personnel, except under Special Circumstances. The contractor further agrees that any substitution made pursuant to this paragraph must possess substantially similar qualifications to those originally proposed. The state shall have the right to accept the proposed substitute candidate or request additional resumes of other available personnel. The state shall reserve the right to then accept or reject any substitute personnel offered by the contractor in its reasonable discretion. The state agrees that an approval of a substitution will not be unreasonably withheld. 4.18.3 At the state’s written request for removal of any contractor staff with reasonable justification for performance-related reasons, the contractor shall either cure any misconduct by such staff, or provide prompt replacement of any of the contractor’s staff providing services under the contract. 4.18.4 Once contractor’s staff is approved by the state and is meeting contract requirements, commercially reasonable efforts shall be made to hold staff changes to a minimum. If the contractor makes a staff substitution, the contractor must assume responsibility to fully train the staff substitute on all aspects of the project, including business and technical requirements, such that the staff substitute has a reasonable understanding of the project prior to beginning work. 4.19
Prohibitive Hiring:
4.19.1 The contractor and the contractor's subcontractor(s) shall not hire any current employee of the agency for work on the project identified in this RFP for a period of not less than six (6) months prior to their date of employment with the contractor or contractor's subcontractor(s) (unless the individual has retired in accordance with the State of Missouri's retirement program or has experienced a cessation of employment due to layoff from their State of Missouri department, or otherwise dismissed) without the prior written approval of the applicable state agency’s director or other designated official. It is agreed between the parties that the contractor shall obtain the required approval before contacting any described employee for the purposes of possible employment. 4.20
Coordination:
4.20.1
The contractor shall fully coordinate all contract activities with those activities of the state. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the state agency or the DPMM throughout the effective period of the contract.
4.21
Property of State:
4.21.1 The contractor shall agree and understand that all data, reports, materials, documentation, etc., which are developed or acquired by the contractor as a requirement of the contract shall become the property of the State of Missouri, which shall include all rights and interests for present and future use or sale as deemed appropriate by the state agency. Intellectual property developed by the contractor outside of the constraints of the subsequent contract shall remain the ownership of the contractor or relevant third parties. 4.21.2 The State of Missouri understands and agrees that any ancillary software tools or pre-printed materials (e.g., project management software tools or training software tools, etc.) developed or acquired by the contractor that may be necessary to perform a particular service required
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B2Z13065 hereunder but not required as a specific deliverable of the contract, shall remain the property of the contractor; however, the contractor shall be responsible for ensuring such tools and materials are being used in accordance with applicable intellectual property rights and copyrights. 4.21.3 The contractor shall further agree that no reports, documentation, or material prepared, including the program(s) developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the state agency. 4.21.4 The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential. 4.22
Confidentiality and Security Documents:
4.22.1 The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential, and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the state. 4.22.2 The contractor and any required contractor personnel must sign documentation regarding confidentiality and security for this contract upon request by the state. Failure of the contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document. 4.22.3 The system must have adequate security to protect all data that resides on the state’s hardware. All data must reside and be stored on-site on the state’s hardware. Under no circumstances shall the data, information, documents, etc., be transferred, processed, exported, accessed, or reside outside the continental United States of America. All data conversion services must be performed within the continental United States of America. 4.22.4 The contractor’s and/or system’s failure to maintain the level of security required by the State of Missouri to protect the data shall be considered a material breach of the contractual obligations by the contractor. 4.22.5 The contractor acknowledges and agrees that all information and data pertaining to the requirements of this contract shall be held confidential and shall not be sold or made available to a third party outside of this agreement without the prior written authorization of the agency. 4.22.6 All information pertaining to and gathered by “cookie” techniques shall be considered as confidential and have a mechanism/method to substantially secure such information from being unnecessarily disclosed to third parties. 4.23
Substitutions of Products/Services:
4.23.1 The contractor shall not substitute any item that has been awarded to the contractor without the prior written approval of the DPMM. 4.23.2 The state reserves the right to allow the contractor to substitute any new product or service offered by the contractor on all undelivered and future orders if the quality is equal to or greater than the product/service under the contract and if the prices are equal to or less than the contract prices. The DPMM shall be the final authority as to acceptability.
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4.24
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Contract Monitoring:
4.24.1 The state reserves the right to monitor the contract throughout the effective period of the contract to ensure financial and contractual compliance. If the state determines the contractor to be at high-risk for non-compliance, the state shall have the right to impose special conditions or restrictions. Written notification will be provided to the contractor of the determination of highrisk and of any special conditions or restrictions to be imposed. The special conditions or restrictions may include, but not be limited to, those conditions specified below:
4.25
a.
Withholding authority to proceed to the next phase of the project until the state receives evidence of acceptable performance within a given contract period;
b.
Requiring additional, more detailed financial reports or other documentation;
c.
Additional contract monitoring/project oversight;
d.
Requiring the contractor to obtain technical or management assistance; and/or
e.
Establishing additional prior approvals from the state.
Software Piracy Prohibition:
4.25.1 No state or other public funds payable under the contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The contractor hereby warrants and certifies that the contractor has in place appropriate systems and controls to prevent such improper use of public funds. Under no circumstances in the course of providing products, services, or any other performance of their duties/obligations to the state shall the contractor directly or indirectly utilize tools, equipment, and/or software programs that are in violation of third parties’ legal copyrights. If the state determines that the contractor is in violation of this paragraph, the state may exercise any remedy available at law including without limitation immediate termination of the contract and any remedy consistent with United States copyright laws. 4.26
Prohibition of Electronic Interference:
4.26.1 The contractor agrees that in the event of any dispute with the state regarding an alleged breach of contract, the contractor shall not use any type of electronic means to prevent or interfere with the operation of, or agency access to, the licensed system without first obtaining a valid court order authorizing same in accordance with the provisions herein. The state shall be given proper written notice and an opportunity to be heard in connection with any request for such a court order. The contractor understands that it is foreseeable that a breach of this provision could cause substantial harm to the state. No limitation of liability, whether contractual or statutory, shall apply to a breach of this paragraph. 4.27
No Marketing/Advertising Requirement:
4.27.1 The contractor shall not issue, broadcast, or distribute in any format (electronic or hard copy) any statement, press release, advertisement, or other document describing or promoting the work conducted with MDC related to the acquisition or implementation of an AM/CMMS system
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without the prior approval of MDC. The AM/CMMS system shall not contain any third-party advertisement, notice, or any other third-party marketing content. 4.28
Business Compliance:
4.28.1 The contractor and any subcontractors must be in compliance with the laws regarding conducting business in the State of Missouri. The contractor shall provide documentation of compliance upon request by the DPMM. The compliance to conduct business in the state shall include but may not be limited to: a.
Registration of business name (if applicable);
b.
Certificate of authority to transact business/certificate of good standing (if applicable);
c.
Taxes (e.g., city/county/state/federal);
d.
State and local certifications (e.g., professions/occupations/activities);
e.
Licenses and permits (e.g., city/county license, sales permits); and
f.
Insurance (e.g., unemployment insurance/workers’ compensation).
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Page 56 EXHIBIT A PRICING PAGES
The offeror shall provide firm, fixed pricing for a long-term, cost-effective infrastructure asset management and computerized maintenance management system (AM/CMMS) that meets the specifications and requirements of the RFP. The offeror may provide pricing for Option A –AM/CMMS with State Agency-Hosted Solution and/or Option B – AM/CMMS Software as a Service Solution. The offeror must provide Project Assessment Quotation (PAQ) firm, fixed hourly pricing. The offeror must indicate any other relevant information related to the pricing of their proposed software and services. A.1 REQUIRED PRICING The offeror shall provide firm, fixed pricing in the tables in Exhibit A for the asset management and computerized maintenance management system (AM/CMMS) which must include all required software license(s) and any other products/licensing necessary to meets all the mandatory requirements and specifications of the RFP. The offeror must clearly describe all license/products and associated pricing in Exhibit A, Pricing Pages. Unless stated in Exhibit A, the state shall assume absolutely no other costs exist to satisfy the RFP’s requirements and the offeror’s proposed solution. Therefore, the successful offeror shall be responsible for any additional costs.
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Option A: AM/CMMS with State Agency-Hosted Solution Line Item
001
002
003
004
Description Software Perpetual License: Perpetual license of all required modules and software to perform the required business and technical requirements outlined herein including Exhibit C and C.1. The users may access the system via multiple devices (e.g., workstations, laptops, mobile devices). Implementation and Configuration of AM/CMMS System: Completion of all necessary activities to implement the AM/CMMS software solution including configurations necessary to meet MDC business and technical requirements. Pricing shall include all desirable configurations (as identified on Exhibit C.1) within this total price. On-Site Training: Cost per session includes all training and training materials. Web Training: Cost per session includes all training and training materials.
Unit Of Measure
Unit Price
1st Renewal Period Maximum Firm, Fixed Pricing
2nd Renewal Period Maximum Firm, Fixed Pricing
3rd Renewal Period Maximum Firm, Fixed Pricing
$_______
$_______
License Unit of Measure Must specify either per seat or concurrent users:
$______
_______
Total
$_______
Per Session
$_______
$_______
$_______
$_______
Per Session
$_______
$_______
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Option A: AM/CMMS with State Agency-Hosted Solution, Continued Line Item
005
006
Description Additional Required Software: Detail all additional costs (not included in other pricing components) for specific software including maintenance that must be procured by MDC to implement the proposed solution. List a breakdown of all additional software. Maintenance and Support for Solution.
Unit Of Measure
Unit Price
1st Renewal Period Maximum Firm, Fixed Pricing
2nd Renewal Period Maximum Firm, Fixed Pricing
3rd Renewal Period Maximum Firm, Fixed Pricing
Annual
$______
$_______
$_______
$_______
Annual
$_______
$__________
$_______
$__________
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Option B: AM/CMMS Software as a Service Solution Line Item
001
002
003
004
Description Subscription Fee: Subscription fee of all required modules and software to perform the required business and technical requirements outlined herein including Exhibit C and C.1 including access to current version and updates. The users may access the system via multiple devices (e.g., workstations, laptops, mobile devices). Implementation and Configuration of AM/CMMS System: Completion of all necessary activities to implement the AM/CMMS software solution including configurations necessary to meet MDC business and technical requirements. Pricing shall include all desirable configurations (as identified on Exhibit C.1) within this total price. On-Site Training: Cost per session for all training and training materials. Web Training: Cost per session for all training and training materials.
Unit Of Measure
Unit Price
1st Renewal Period Maximum Firm, Fixed Pricing
2nd Renewal Period Maximum Firm, Fixed Pricing
3rd Renewal Period Maximum Firm, Fixed Pricing
$______
$_______
$_______
$_______
License Unit of Measure Must specify either per seat or concurrent users: _______
Total
$_______
Per Session
$_______
$_______
$_______
$_______
Per Session
$_______
$_______
$_______
$_______
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Option B: AM/CMMS Software as a Service Solution, Continued Line Item
005
Description Additional Required Software: Detail all additional costs (not included in other pricing components) for specific software including maintenance that must be procured by MDC to implement the proposed solution.
Unit Of Measure
Unit Price
1st Renewal Period Maximum Firm, Fixed Pricing
Annual
$______
$_______
2nd Renewal Period Maximum Firm, Fixed Pricing
3rd Renewal Period Maximum Firm, Fixed Pricing
$_______
$_______
Provide an itemized listing of all additional software. A.2
REQUIRED PROJECT ASSESSMENT QUOTATION HOURLY RATES:
The offeror must state below the hourly rate(s) necessary for customization of the solution to add enhancements or modifications that are not part of the contractual requirements herein and to perform any necessary Lands Solution customization. The hourly rate(s) specified shall be applied using the Project Assessment Quotation process described herein. The contractor shall provide all services on an as needed, if needed basis. The State of Missouri shall not guarantee any minimum or maximum amount of the contractor’s services that may be required under the contract. PAQ pricing shall include all travel expenses. 1st Renewal 2nd Renewal 3rd Renewal Period Period Period Firm, Fixed Hourly Maximum Maximum Maximum Personnel Classification Rate Firm, Fixed Firm, Fixed Firm, Fixed Hourly Hourly Hourly Pricing Pricing Pricing If providing multiple consulting job classifications, please list consultant job classification titles and their corresponding per hour consulting rate on separate rows below:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
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Page 61 EXHIBIT B EXPERIENCE OF ORGANIZATION AND EXPERTISE OF PERSONNEL (Evaluation value is 15 points)
The evaluation of the offeror’s experience and expertise of personnel shall be subjective based on the ability of the offeror to perform the requirements stated herein. Therefore, the offeror should present detailed information regarding the organization’s experience and expertise of personnel. The following information should be provided by the offeror in order to assist the State of Missouri in evaluation of the offeror’s experience and expertise of personnel. The state reserves the right to use this information, including information gained from any other source, in the evaluation process. If submitting proposals for both solution options, the offeror should clearly identify if the experience and expertise of personnel is specific to both solution options proposed, or if specific experience and expertise of personnel is only pertinent to a specifically-identified proposed solution option. B.1
Experience of Organization: a. The offeror should describe any previous contract experiences of a similar nature and complexity in scope, responsibility, and technologies involved as what is described in this RFP. Specifically, the offeror should describe their experience with AM/CMMS system implementation and their experience with large, complex public sector organizations having a large geographical base – at a minimum all applicable experience within the last three years should be listed. b. Any experience with state agencies related to implementing your AM/CMMS software should be documented if it occurred within the last five years. c. The offeror should describe the nature of the offeror’s business, type of services performed, etc. d. The offeror should describe the history of the company. The offeror should indicate the number of years its firm has been providing similar type services. The offeror’s description should include: •
Financial stability of the organization and any other financial resources available to the offeror to help support any subsequent contract;
•
Geographical locations of the organization(s)
e. The offeror should provide reference contact information (name, role in project, phone, and e-mail). Please verify correct e-mail address prior to submitting) for the projects described pursuant to the above in order to allow the evaluators to verify the information. Utilizing the table below (or in a similar format), the offeror should provide at least three (3) references that may be contacted and that represent public-sector entities of comparable size and complexity that have acquired and implemented the offeror’s solution in the last three years. If applicable, the offeror should provide reference contact information for any comparable state agencies that have acquired and implemented the offeror’s solution within the last three years. In addition, the offeror should provide up to three (3) references that may be contacted for any/each subcontractor that the offeror proposes to utilize to meet the requirements of the RFP. Please clearly indicate which references are for subcontractor(s). Please make sure the contact information, including the email addresses, are current, correct and available for reference contact. f. The evaluator’s inability to contact a reference due to incorrect or inaccurate reference information or failure of the reference contact person to respond shall be considered an invalid reference. g. Information gained from references may also be used in the evaluation of Functional/Technical Capabilities, Requirements Compliance Matrix, and Method of Performance.
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Page 62 REFERENCE (State if Contractor or Subcontractor Reference:______________________________________)
Contracting Agency/Entity Client Name: Contact Name: Contact Title: Description of Role / Responsibility the above contact person had in referenced contract work: Contact Phone Number: Contact Email Address: *please verify accuracy of email address* Applicable Dates of Contract Work Brief description of Services Provided: Description for Proposed Key Personnel of their Role / Responsibility in this referenced contract work: 1)
The offeror should indicate whether there is currently and within the past twelve months any legal actions, suits, or proceedings, pending or threatened against the offeror’s organization. Please explain. For any subcontractors proposed the same information should be provided for the subcontractor’s organization.
2) The offeror should indicate whether or not they have had system contracts with other governmental and/or private entities that have been canceled prior to expiration or contracts not renewed after the initial contract period within the past six (6) years. Please explain circumstances/reasons for the cancellation and/or non-renewal. B.2
Expertise of Personnel: a. The offeror should describe the expertise of personnel assigned to the project, including qualification and relevant experience of staff proposed. Previous contract experiences of a similar nature and complexity in scope, responsibility, and technologies involved as what is described in this RFP. Specifically, the offeror should describe their experience working with large complex organizations similar to MDC and any experience with implementing their solution for state agencies. For all personnel assigned to this engagement, the offeror should list the role each played on each project provided as a reference. The offeror should provide detailed information about the experience and qualifications of the key staff assigned to this project in the format shown below (identified staff titles are state agencyenvisioned roles). Identify whether the staff is that of the contractor or subcontractor. This staff information should include the information requested in the table below:
Key Staff Title: Contract Manager Project Manager
Roles & Responsibilities
Planned Level of Effort
Anticipated duration of involvement with the project
B2Z13065 Key Staff Title:
Roles & Responsibilities
Planned Level of Effort
Page 63 Anticipated duration of involvement with the project
Implementation Lead – AM/CMMS GIS Integration Lead Training Lead Testing Lead Other (please specify): Other (please specify): Other (please specify): The offeror should provide a resume for each key personnel described in the table above to include the following information: • Name, • Education, • Training/Certifications, • Technical/Functional/Business experience within the past few years (not to exceed 7 years) showing the key staff’s experience with providing/supporting an AM/CMMS system solution and/or record sales project of a similar nature as proposed herein. • Reference(s) - a minimum of one reference per key staff person should be provided that includes information regarding client name, title, company name, address, telephone number and email address.
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Page 64 EXHIBIT C REVISED BY AMD. #001 FUNCTIONAL/TECHNICAL CAPABILITIES, REQUIREMENTS COMPLIANCE MATRIX (C.1), AND METHOD OF PERFORMANCE (Evaluation is 85 points)
The evaluation of the offeror’s proposed functional/technical capabilities, Requirements Compliance Matrix, and method of performance shall be subjective based on the requirements stated herein. Therefore, the offeror should present detailed information regarding the proposed functional and technical capabilities and their proposed method of performance. In addition, the offeror should complete the Requirements Compliance Matrix, Exhibit C.1. The State of Missouri reserves the right to use this information, including information gained from any other source, in the overall evaluation process. It is the offeror's responsibility to make sure all software and services proposed are adequately described. It should not be assumed that the evaluator has specific knowledge of the products and services proposed; however, the evaluator does have sufficient technical background to conduct an evaluation when presented complete information. If submitting proposals for both solution options, the offeror should clearly identify if the functional/technical capabilities, Requirements Matrix Compliance, and method of performance are specific to both proposed solution options, or if specific functional/technical capabilities, Requirements Matrix Compliance, and method of performance are only pertinent to a specifically-identified proposed solution option. Functional and Technical Capabilities and Method of Performance: The offeror should describe their proposed system, particularly how it accommodates the functional and technical requirements in Section 2 of this RFP. It is recommended that the offeror insert their response immediately following each RFP paragraph. Please Note: A simple “yes, no, or compliant” response does not fulfill this description request. The offeror should describe how the requirements will be fulfilled by the proposed system and services. It is particularly important to indicate whether the respective requirement is fulfilled by the software without further customization or, if not, the level of customization that is required to facilitate the requirement as written. Requirements Compliance Matrix: The offeror should complete the attached Exhibit C.1, Requirements Compliance Matrix, outlining the business and technical requirements for the solution by providing details about the specific functionality available from their software solution. When completing the attached matrix, the offeror should follow the response key codes provided on Exhibit C.1’s Instructions for Completion. Space is provided for narrative comments but should only be included within the identified comment area. Implementation Plan and Training: The offeror should provide a proposed implementation plan to complete the requirements herein. In addition, if not described elsewhere, the offeror should respond to the following implementation and training questions: 1)
Description of proposed implementation including phasing and timeline through completion that includes a work break down structure, project schedule, and resourcing requirements, as defined by Project Management Institute’s Project Management Body of Knowledge.
2)
Description of approaches to phasing in the implementation of the software solution to accommodate the state agency’s identified need to phase in implementation of the total asset inventory (i.e., what are overall benefits and detriments of implementing all assets of a specific type state-wide, versus implementation of all assets within an identified geographical area). Provide a narrative describing the pros and cons of these two approaches based upon your work with other clients.
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3)
Description of how offeror will staff the project including the number of staff utilized for each respective phase or deliverable and how it will provide continuous personnel and other resources necessary throughout the term of the project.
4)
Training, including when training occurs within the implementation and the estimated number of hours/sessions of training proposed for both administrative and maintenance staff.
5)
Location where all implementation services will be performed, including breakdown of on-site/off-site services (ref. para. 2.3.4). Implementation Plan: The offeror should briefly and sequentially describe the tasks or events that are proposed to accomplish the requirements. "Completion Day" should be specified as a certain number of days from the effective date of the contract until completion of the specific task. "Assigned Personnel" should be identified by project title and name, unless such personnel are yet to be hired. "Workhours" should indicate that time each assigned person will spend on the specific task. In the event of overlapping or concurrent tasks, a graphic chart (e.g., PERT) should be attached. The offeror may use this format or any other format to provide their implementation plan. Task or Event Effective Date of Contract
Assigned Personnel
Completion Day 1
N/A
Workhours N/A
Other Requested Information: If not described elsewhere, the offeror should respond to the following additional information: 1)
Software Maintenance/Technical Support: Exhibit C.1 contains additional details regarding software maintenance/technical support. The response to this section should supplement the responses provided in that section and should fully describe the offeror’s maintenance/technical support offering including, but not limited to the following: a. Description of offeror’s support policy and the support services included with the software/website maintenance and technical support services for both the state agency and customers using the system. b. Description of the offeror’s methodology used for monitoring software performance and transactions.
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c. Description of the procedures used to contact service personnel and the hours of support coverage. d. Description of offeror’s maintenance/technical support escalation procedures. e. If the offeror does not provide technical/help desk support directly, the offeror should provide a description of how these services are provided. 2)
If data is stored offsite, the offeror should provide a documented plan outlining how the state agency’s data will be stored and protected with off-site storage. The plan should include detail regarding the offeror’s privacy, confidentiality, and security protocols.
3)
To fully validate implementation of the overall system, the offeror should provide proposed test plans.
4)
The offeror should indicate the level of compatibility with each of the browsers identified herein.
5)
Any limitation on the number of documents or attachments or the type of documents and attachments that can be linked to a specific asset should be clearly delineated in the offeror’s response. The response should also indicate if the system allows linking to documents through URL links to access documents maintained in external document management system.
6)
Functionality/Software Operation Questions: a. How would MDC use the software to answer “Show me all the ____ assets on a GIS map?” (e.g., privies) b. How would MDC use the software to answer “Show me all the work orders assigned to specific crews that are past due on a GIS map?” c. How would MDC use the software to answer “Show me all the wetland pumps that need to be replaced this year in the State of Missouri?” d. How would MDC use the software to answer “Show me all the incidents where we have not cleaned catch basins within the past six (6) months in areas that have had problems with flooding or service requests for cleaning?” e. How would MDC use the software to answer “What is the average cost to install a new wetland pump?” f. How would MDC be able to see that three people have reported the same service request, even though they did not describe the location in exactly the same manner? g. How would MDC use the software to answer “What was the cost of this work order?” h. How would MDC use the software to answer “What is the current value of all MDC infrastructure assets by type?” i. How would MDC use the software to answer “What is the value of all MDC pumps removed in 2011?” j. How would MDC use the software to answer “How many road segments are within 5 years of the end of their expected useful life?” k. How would the software manage the cradle-to-grave lifecycle of an asset? As part of the answer, indicate how new assets would: •
Be created by the work order process
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Be maintained by the work order process
•
Be linked to and update any related condition assessment rating following completion of maintenance or replacement
•
Be removed/abandoned by the work order process
•
Be accounted for after removal
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l. How would MDC use the software to answer “What types of service requests have MDC had in the past 6 months and where are they located in GIS?” m. How would MDC use the software to answer “What hatchery routine maintenance work orders are scheduled for the next month?” n. How would MDC use the software to answer “What privy cleanings were not completed during routine maintenance and why?” o. How would MDC use the software to answer “Are we meeting our objectives for preventive maintenance and were they completed according to schedule (e.g., exercise each valve once annually)?” p. How would MDC use the software to look up equipment / asset history from birth (installation, construction, or connection) with all major repairs and summaries of small repairs? q. How would MDC use the software to provide an easy way for a single person or designated group to link work requests entered by customers in a customer service module or third party software to a work order that has been generated from the service request? r. How would MDC use the software to create a work order in the field through utilization of a mapping user interface? Describe how it will interface with our GIS database? s. How would the software enable the implementation of user-customizable workflows and implementation of a life-cycle maintenance approach unique to specific classes of assets? t. Can the system accommodate the need to create workflows (such as property acquisition and property disposal) involving multiple security groups and notifications based upon specific triggers or actions? For example, the request for a land offer or land disposal will need to be reviewed by various committees and have their acceptance or decline. u. How does the system handle notifications? v. How does the system handle financial reports? Also, what types of reports are available to handle specific fees (e.g., Title Insurance fee, Appraisal fee, recorder fee, misc. fee) that we would like to track? w. How will the system calculate and track property tax information? For example, MDC needs a starting base amount of the tract, MDC needs to know the percentage of land coverage type of forest or agriculture and we need to know which tract is classified as payment in lieu of taxes property. x. How does the system display documents that are attached to individual assets? Also, how does the system attach documents located in a file structured database to specific assets?
B2Z13065 Page 68 y. How does the system handle GASB 34 Reporting? Is this a fully integrate function within the base system? Does it require separate report development / programming? Please provide an example of a GASB 34 Report generated by your system? z. How does the system incorporate performance data (e.g., performance measures, performance curves) into the asset management program? Does the system generate and display performance curves upon request for specific asset types? Does the system have the capacity to recommend maintenance requirements, refreshment, or replacement of assets based upon performance data? If so, please provide a sample screenshot and/or report showing relevant details regarding how the system addresses this functionality. aa. How does the system incorporate predictive analysis to determine long-term maintenance or replacement needs of individual assets? Please provide a copy of a sample report, graphic, or other visual developed by the system demonstrating the approach employed on predictive analysis. bb. How does the system integrate with CAD and GIS data? What level of integration can the system achieve and describe the sharing of data between the AM/CMMS software and CAD and GIS systems? cc. A building has been marked for disposal and is removed from the Asset Management System; describe the process by which the building geo-object would be updated in the agency-hosted SQL/SDE geodatabase. dd. Please describe in detail the different methods by which new features can be added to the Asset Management System. If not already covered, how would a geospatial object for a new asset feature get created and linked with the feature and data in the Asset Management System? ee. Does the proposed Asset Management System have Read or Read/Write capability to the Esri geospatial objects in the agency-hosted SQL/SDE database? Please describe what level of functionality exists. ff. How does the proposed Asset Management System manage geospatial geometries? gg. Can geospatial objects stored in the agency-hosted SQL/SDE database be created, updated or modified directly through the proposed solution? Please describe how each applicable process would be accomplished. hh. Can geospatial objects created in the SQL/SDE database through the Esri tools be linked to the representative features in the proposed solution and linked to data within? Please describe how this process would be accomplished. 7)
The offeror should identify all hardware required for state agency users to access the offeror’s proposed solution(s), including the proposed solution’s ability to allow users access via mobile devices. The offeror should specifically state all hardware make, model, etc., including identifying specific mobile devices supported by the solution(s).
EXH. C, 8) ADDED BY AMD. #001: 8) The offeror should describe available methods by which the agency’s in-house software packages as defined herein for managing operations can be integrated with contractor solution (Ref. paragraph 2.4.3 herein.) Economic Impact to Missouri: 1)
The offeror should describe the economic advantages that will be realized as a result of the offeror performing the required services. The offeror should respond to the following: •
Description of the proposed services that will be performed and/or the proposed products that will be provided by Missourians and/or Missouri products;
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•
Description of the economic impact returned to the State of Missouri through tax revenue obligations;
•
Description of the company’s economic presence within the State of Missouri (e.g., type of facilities: sales offices; sales outlets; divisions; manufacturing; warehouse; other), including Missouri employee statistics.
NOTE: FAILURE TO PROVIDE ADEQUATE INFORMATION TO COMPLETELY ADDRESS THE SPECIFIED EVALUATION CRITERIA WILL AT LEAST RESULT IN MINIMAL SUBJECTIVE CONSIDERATION AND MAY RESULT IN REJECTION OF THE OFFEROR’S PROPOSAL.
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EXHIBIT C.1 REVISED BY AMD. #001 REQUIREMENTS COMPLIANCE MATRIX Exhibit C.1, Requirements Compliance Matrix, is a separate link that must be downloaded from the Division of Purchasing and Materials Management Internet website: https://www.moolb.mo.gov.
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Page 71 EXHIBIT D PARTICIPATION FROM OTHER ORGANIZATIONS
Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and/or Organization for the Blind/Sheltered Workshop and/or Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment – If the offeror is committing to participation by or if the offeror is a qualified MBE/WBE and/or organization for the blind/sheltered workshop and/or a qualified SDVE, the offeror must provide the required information in the appropriate table(s) below for the organization proposed and must submit the completed exhibit with the offeror’s proposal. The services performed or the products provided by the listed participating organizations must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. For Minority Business Enterprise (MBE) and/or Woman Business Enterprise (WBE) Participation, if proposing an entity certified as both MBE and WBE, the offeror must either (1) enter the participation percentage under MBE or WBE, or must (2) divide the participation between both MBE and WBE. If dividing the participation, do not state the total participation on both the MBE and WBE Participation Commitment tables below. Instead, divide the total participation as proportionately appropriate between the tables below.
Name of Each Qualified Minority Business Enterprise (MBE) Proposed
MBE Participation Commitment Table Description of Products/Services Committed Percentage of to be Provided by Listed MBE Participation for Each MBE % of the Actual Total Contract Value
The offeror should also include the paragraph number(s) from the RFP which requires the service the MBE is proposed to perform
Product/Service(s) proposed:
1.
% RFP Paragraph References: Product/Service(s) proposed:
2.
% RFP Paragraph References: Product/Service(s) proposed:
3.
% RFP Paragraph References: Total MBE Percentage:
Name of Each Qualified Women Business Enterprise (WBE) proposed
% WBE Participation Commitment Table Committed Percentage of Description of Products/Services Participation for Each to be Provided by Listed WBE The offeror should also include the paragraph WBE % of the Actual Total Contract Value
number(s) from the RFP which requires the service the WBE is proposed to perform. Product/Service(s) proposed:
1.
% RFP Paragraph References: Product/Service(s) proposed:
2.
% RFP Paragraph References: Product/Service(s) proposed:
3.
% RFP Paragraph References: Total WBE Percentage:
%
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Page 72
Organization for the Blind/Sheltered Workshop Commitment Table By completing this table, the offeror commits to the use of the organization at the greater of $5,000 or 2% of the actual total dollar value of contract. Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered Workshop Name of Organization for the Blind or Sheltered The offeror should also include the paragraph number(s) Workshop Proposed from the RFP which requires the service the organization for the blind/sheltered workshop is proposed to perform. Product/Service(s) proposed: 1. RFP Paragraph References: Product/Service(s) proposed:
2.
RFP Paragraph References:
SDVE Participation Commitment Table Committed Description of Products/Services to be Provided by Percentage of Name of Each Qualified ServiceListed SDVE Participation The offeror should also include the paragraph Disabled Veteran Business for Each SDVE number(s) from the RFP which requires the service Enterprise (SDVE) Proposed (% of the Actual Total Contract the SDVE is proposed to perform. Value) Product/Service(s) proposed:
1. %
Product/Service(s) proposed:
2. % Total SDVE Percentage:
RFP Paragraph References:
%
RFP Paragraph References:
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Page 73 EXHIBIT D (Continued)
DOCUMENTATION OF INTENT TO PARTICIPATE If the offeror is proposing to include the participation of a Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and/or Organization for the Blind/Sheltered Workshop and/or qualified Service-Disabled Veteran Business Enterprise (SDVE) in the provision of the products/services required in the RFP, the offeror must either provide a recently dated letter of intent, signed and dated no earlier than the RFP issuance date, from each organization documenting the following information, or complete and provide this Exhibit with the offeror’s proposal. ~ Copy This Form For Each Organization Proposed ~
Offeror Name: This Section To Be Completed by Participating Organization: By completing and signing this form, the undersigned hereby confirms the intent of the named participating organization to provide the products/services identified herein for the offeror identified above.
MBE
WBE
Indicate appropriate business classification(s): Organization for the Blind Sheltered Workshop
SDVE
Name of Organization: (Name of MBE, WBE, Organization for the Blind, Sheltered Workshop, or SDVE)
Contact Name:
Email:
Address (If SDVE, provide MO Address):
Phone #:
City:
Fax #:
State/Zip:
Certification #
SDVE’s Website Address:
Certification Expiration Date:
Service-Disabled Veteran’s (SDV) Name:
SDV’s Signature:
(or attach copy of certification)
(Please Print)
PRODUCTS/SERVICES PARTICIPATING ORGANIZATION AGREED TO PROVIDE Describe the products/services you (as the participating organization) have agreed to provide:
Authorized Signature:
Authorized Signature of Participating Organization (MBE, WBE, Organization for the Blind, Sheltered Workshop, or SDVE)
Date (Dated no earlier than the RFP issuance date)
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Page 74 EXHIBIT D (Continued)
DOCUMENTATION OF INTENT TO PARTICIPATE - SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE (SDVE) If the participating organization is an SDVE, then the SDVE must provide the following Service-Disabled Veteran (SDV) documents unless previously submitted within the past five (5) years to a Missouri state agency or public university: • •
a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), AND a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs.
(NOTE: For ease of evaluation, please attach a copy of the SDV’s award letter or a copy of the SDV’s discharge paper, and a copy of the SDV’s documentation certifying disability to this Exhibit. The SDV’s award letter, the SDV’s discharge paper, and the SDV’s documentation certifying disability shall be considered confidential pursuant to subsection 14 of section 610.021, RSMo.)
If the SDVE previously submitted copies of the SDV’s documents (the SDV’s award letter or the SDV’s discharge paper, and the SDV’s documentation certifying disability) to a Missouri state agency or public university within the past five (5) years, the SDVE should provide the information requested below. Name of Missouri State Agency or Public University* to Which the SDV’s Documents were Submitted: ______________________________________________________________________________________ (*Public University includes the following five schools under chapter 34, RSMo: Harris-Stowe State University – St. Louis; Missouri Southern State University – Joplin; Missouri Western State University – St. Joseph; Northwest Missouri State University – Maryville; Southeast Missouri State University – Cape Girardeau.)
Date SDV’s Documents were Submitted: ______________________ Previous Bid/Contract Number for Which the SDV’s Documents were Submitted: ___________________ (if known)
(NOTE: A qualified SDVE will be added to the SDVE listing maintained on the DPMM website [www.oa.mo.gov/purch/vendorinfo/sdve.html] for up to five (5) years from the date listed above. However, if it has been determined that the SDVE at any time no longer meets the requirements stated above, the DPMM will remove the SDVE from the listing.)
FOR STATE USE ONLY SDV Documents - Verification Completed By:
Buyer
Date
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Page 75 EXHIBIT E BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION
BUSINESS ENTITY CERTIFICATION: The offeror must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: BOX B:
BOX C:
To be completed by a non-business entity as defined below. To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http://www.dhs.gov/files/programs/gc_1185221678150.shtm. To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management.
Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term “business entity” shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term “business entity” shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term “business entity” shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities.
BOX A – CURRENTLY NOT A BUSINESS ENTITY I certify that ___________________ (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) I am a self-employed individual with no employees; OR The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if _____________ (Company/Individual Name) is awarded a contract for the services requested herein under RFP B2Z13041 and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then, prior to the performance of any services as a business entity, ___________________(Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the state agency with all documentation required in Box B of this exhibit.
Authorized Representative’s Name (Please Print)
Authorized Representative’s Signature
Company Name (if applicable)
Date
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Page 76 EXHIBIT E, continued
(Complete the following if you DO NOT have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) BOX B – CURRENT BUSINESS ENTITY STATUS I certify that ____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530.
Authorized Business Entity Representative’s Name (Please Print)
Authorized Business Entity Representative’s Signature
Business Entity Name
Date
E-Mail Address
As a business entity, the offeror must perform/provide each of the following. The offeror should check each to verify completion/submission of all of the following: Enroll and participate in the E-Verify federal work authorization program (Website: http://www.dhs.gov/files/programs/gc_1185221678150.shtm; Phone: 888-464-4218; Email:
[email protected]) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND Provide documentation affirming said company’s/individual’s enrollment and participation in the EVerify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the offeror’s name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the offeror’s name and the MOU signature page completed and signed, at minimum, by the offeror and the Department of Homeland Security – Verification Division. If the signature page of the MOU lists the offeror’s name and company ID, then no additional pages of the MOU must be submitted; AND Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit.
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Page 77 EXHIBIT E, continued
AFFIDAVIT OF WORK AUTHORIZATION: The offeror who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now ________________________ (Name of Business Entity Authorized Representative) as ______________ (Position/Title) first being duly sworn on my oath, affirm _________________ (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that _____________________ (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded.
In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.)
Authorized Representative’s Signature
Printed Name
Title
Date
E-Mail Address
E-Verify Company ID Number
Subscribed and sworn to before me this _____________ of ___________________. I am (DAY)
(MONTH, YEAR)
commissioned as a notary public within the County of ________________, State of (NAME OF COUNTY)
_______________________, and my commission expires on _________________. (NAME OF STATE)
Signature of Notary
(DATE)
Date
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Page 78 EXHIBIT E, continued
(Complete the following if you have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.) BOX C – AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS
I certify that ______________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E-Verify federal work authorization program. The documentation that was previously provided included the following. The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding (MOU) listing the offeror’s name and the MOU signature page completed and signed by the offeror and the Department of Homeland Security – Verification Division A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University* to Which Previous E-Verify Documentation Submitted: _____________________________________________________________________ (*Public University includes the following five schools under chapter 34, RSMo: Harris-Stowe State University – St. Louis; Missouri Southern State University – Joplin; Missouri Western State University – St. Joseph; Northwest Missouri State University – Maryville; Southeast Missouri State University – Cape Girardeau.)
Date of Previous E-Verify Documentation Submission: ______________________ Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: ___________________ (if known)
Authorized Business Entity Representative’s Name (Please Print)
Authorized Business Entity Representative’s Signature
E-Verify MOU Company ID Number
E-Mail Address
Business Entity Name
Date
FOR STATE USE ONLY Documentation Verification Completed By:
Buyer
Date
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Page 79 EXHIBIT F Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98 Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1)
The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2)
Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature
Date
B2Z13065
Page 80 Instructions for Certification
1.
By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2.
The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3.
The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5.
The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6.
The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to check the List of Parties Excluded from Procurement or Nonprocurement Programs.
8.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9.
Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
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Page 81 EXHIBIT G OTHER REQUIRED INFORMATION
Outside United States If any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States, the offeror MUST disclose such fact and provide details in the space below or on an attached page. In providing a response, the offeror should review Executive Order 04-09 (provided at the following web site link: http://oa.mo.gov/purch/vendorinfo/eo04_09.pdf) and provide adequate explanation of any offshore (outside the United States) product/service provided or performed that meets or can be justified pursuant to exception conditions described in Section 4 of the Executive Order. Are products and/or services being manufactured or performed at sites outside the United States?
Yes
____
No
____
Describe and provide details:
Employee/Conflict of Interest: Offerors who are elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.450 to 105.458, RSMo, regarding conflict of interest. If the offeror or any owner of the offeror’s organization is currently an elected or appointed official or an employee of the State of Missouri or any political subdivision thereof, please provide the following information: Name and title of elected or appointed official or employee of the State of Missouri or any political subdivision thereof: If employee of the State of Missouri or political subdivision thereof, provide name of state agency or political subdivision where employed: Percentage of ownership interest in offeror’s organization held by elected or appointed official or employee of the __________% State of Missouri or political subdivision thereof:
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Page 82 EXHIBIT G, Continued MISCELLANEOUS INFORMATION
Contact Information If different from the information provided on the front page of the RFP, the offeror should provide all necessary contact information including the RFP Coordinator and Contract Coordinator if awarded a contract, etc. RFP COORDINATOR CONTACT INFORMATION i.e. person to be contacted for questions and other coordination activities regarding the offeror’s proposal NAME: JOB TITLE: PHONE: FAX #: EMAIL: CONTRACT COORDINATOR CONTACT INFORMATION i.e. person to be contacted for questions and other coordination activities regarding an awarded contract NAME: JOB TITLE: PHONE: FAX #: EMAIL:
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Page 83 STATE OF MISSOURI DIVISION OF PURCHASING AND MATERIALS MANAGEMENT TERMS AND CONDITIONS -- REQUEST FOR PROPOSAL
1. TERMINOLOGY/DEFINITIONS Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any amendment thereto, the definition or meaning described below shall apply. a. Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing and Materials Management (DPMM). The agency is also responsible for payment. b. Amendment means a written, official modification to an RFP or to a contract. c. Attachment applies to all forms which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications. d. Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals. e. Offeror means the person or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document. f. Buyer means the procurement staff member of the DPMM. The Contact Person as referenced herein is usually the Buyer. g. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services. h. Contractor means a person or organization who is a successful offeror as a result of an RFP and who enters into a contract. i. Exhibit applies to forms which are included with an RFP for the offeror to complete and submit with the sealed proposal prior to the specified opening date and time. j. Request for Proposal (RFP) means the solicitation document issued by the DPMM to potential offerors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Amendments thereto. k. May means that a certain feature, component, or action is permissible, but not required. l. Must means that a certain feature, component, or action is a mandatory condition. m. Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the offeror with the sealed proposal prior to the specified proposal opening date and time. n. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of DPMM. o. Shall has the same meaning as the word must. p. Should means that a certain feature, component and/or action is desirable but not mandatory.
2. APPLICABLE LAWS AND REGULATIONS a. The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the contract to the extent that the same may be applicable. b. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and the DPMM. c. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. e. The exclusive venue for any legal proceeding relating to or arising out of the RFP or resulting contract shall be in the Circuit Court of Cole County, Missouri. f. The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws and Executive Order 07-13 for work performed in the United States.
3. OPEN COMPETITION/REQUEST FOR PROPOSAL DOCUMENT a. It shall be the offeror's responsibility to ask questions, request changes or clarification, or otherwise advise the DPMM if any language, specifications or requirements of an RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source. Any and all communication from offerors regarding specifications, requirements, competitive proposal process, etc., must be directed to the buyer from the DPMM, unless the RFP specifically refers the offeror to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official proposal opening date. b. Every attempt shall be made to ensure that the offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all offerors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. Therefore, offerors are advised that unless specified elsewhere in the RFP, any questions received less than ten calendar days prior to the RFP opening date may not be answered. c. Offerors are cautioned that the only official position of the State of Missouri is that which is issued by the DPMM in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement. d. The DPMM monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among offerors, price-fixing by offerors, or any other anticompetitive conduct by offerors which appears to violate state and federal antitrust laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for appropriate action. e. The RFP is available for viewing and downloading on the state's On-Line Bidding/Vendor Registration System website. Registered offerors are electronically notified of the proposal opportunity based on the information maintained in the State of Missouri's vendor database. If a registered offeror’s e-mail address is incorrect, the offeror must update the e-mail address themselves on the state's On-Line Bidding/Vendor Registration System website. f. The DPMM reserves the right to officially amend or cancel an RFP after issuance. It shall be the sole responsibility of the offeror to monitor the State of Missouri On-Line Bidding/Vendor Registration System website at: https://www.moolb.mo.gov to obtain a copy of the amendment(s). Registered offerors who received e-mail notification of the proposal opportunity when the RFP was established and registered offerors who have responded to the RFP on-line prior to an amendment being issued will receive e-mail notification of the amendment(s). Registered offerors who received e-mail notification of the proposal opportunity when the RFP was established and registered offerors who have responded to the proposal on-line prior to a cancellation being issued will receive e-mail notification of a cancellation issued prior to the exact closing time and date specified in the RFP.
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4. PREPARATION OF PROPOSALS a. Offerors must examine the entire RFP carefully. Failure to do so shall be at offeror's risk. b. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum requirements. All proposals must meet or exceed the stated specifications and requirements. c. Unless otherwise specifically stated in the RFP, any manufacturer names, trade names, brand names, information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. The offeror may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the proposal. In addition, the offeror shall explain, in detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Proposals which do not comply with the requirements and specifications are subject to rejection without clarification. d. Proposals lacking any indication of intent to offer an alternate brand or to take an exception shall be received and considered in complete compliance with the specifications and requirements as listed in the RFP. e. In the event that the offeror is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such an offeror may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses. The offeror should include a complete list of statutory references and citations for each provision of the RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing by DPMM or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable by DPMM. If DPMM determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the RFP. f. All equipment and supplies offered in a proposal must be new, of current production, and available for marketing by the manufacturer unless the RFP clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered. g. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the RFP. h. Proposals, including all prices therein, shall remain valid for 90 days from proposal opening or Best and Final Offer (BAFO) submission unless otherwise indicated. If the proposal is accepted, the entire proposal, including all prices, shall be firm for the specified contract period. i. Any foreign offeror not having an Employer Identification Number assigned by the United States Internal Revenue Service (IRS) must submit a completed IRS Form W-8 prior to or with the submission of their proposal in order to be considered for award.
5. SUBMISSION OF PROPOSALS a. Proposals may be submitted by delivery of a hard copy to the DPMM office. Electronic submission of proposals by registered offerors through the State of Missouri’s On-Line Bidding/Vendor Registration System website is not available unless stipulated in the RFP. Delivered proposals must be sealed in an envelope or container, and received in the DPMM office located at 301 West High St, Rm 630 in Jefferson City, MO no later than the exact opening time and date specified in the RFP. All proposals must (1) be submitted by a duly authorized representative of the offeror's organization, (2) contain all information required by the RFP, and (3) be priced as required. Hard copy proposals may be mailed to the DPMM post office box address. However, it shall be the responsibility of the offeror to ensure their proposal is in the DPMM office (address listed above) no later than the exact opening time and date specified in the RFP. b. The sealed envelope or container containing a proposal should be clearly marked on the outside with (1) the official RFP number and (2) the official opening date and time. Different proposals should not be placed in the same envelope, although copies of the same proposal may be placed in the same envelope. c. A proposal submitted electronically by a registered offeror may be modified on-line prior to the official opening date and time. A proposal which has been delivered to the DPMM office may be modified by signed, written notice which has been received by the DPMM prior to the official opening date and time specified. A proposal may also be modified in person by the offeror or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to modify a proposal shall not be honored. d. A proposal submitted electronically by a registered offeror may be canceled on-line prior to the official opening date and time. A proposal which has been delivered to the DPMM office may only be withdrawn by a signed, written document on company letterhead transmitted via mail, e-mail, or facsimile which has been received by the DPMM prior to the official opening date and time specified. A proposal may also be withdrawn in person by the offeror or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to withdraw a proposal shall not be honored. e. A proposal may also be withdrawn after the proposal opening through submission of a written request by an authorized representative of the offeror. Justification of withdrawal decision may include a significant error or exposure of proposal information that may cause irreparable harm to the offeror. f. When submitting a proposal electronically, the registered offeror indicates acceptance of all RFP terms and conditions by clicking on the "Submit" button on the Electronic Bid Response Entry form. Offerors delivering a hard copy proposal to DPMM must sign and return the RFP cover page or, if applicable, the cover page of the last amendment thereto in order to constitute acceptance by the offeror of all RFP terms and conditions. Failure to do so may result in rejection of the proposal unless the offeror's full compliance with those documents is indicated elsewhere within the offeror's response. g. Faxed proposals shall not be accepted. However, faxed and e-mail no-bid notifications shall be accepted.
6. PROPOSAL OPENING a. Proposal openings are public on the opening date and at the opening time specified on the RFP document. Only the names of the respondents shall be read at the proposal opening. All vendors may view the same proposal response information on the state's On-Line Bidding/Vendor Registration System website. The contents of the responses shall not be disclosed at this time. b. Proposals which are not received in the DPMM office prior to the official opening date and time shall be considered late, regardless of the degree of lateness, and normally will not be opened. Late proposals may only be opened under extraordinary circumstances in accordance with 1 CSR 40-1.050.
7. PREFERENCES a. In the evaluation of proposals, preferences shall be applied in accordance with chapter 34, RSMo, other applicable Missouri statutes, and applicable Executive Orders. Contractors should apply the same preferences in selecting subcontractors. b. By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, mined, processed or grown within the State of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals. Such preference shall be given when quality is equal or better and delivered price is the same or less. c. In accordance with Executive Order 05-30, contractors are encouraged to utilize certified minority and women-owned businesses in selecting subcontractors.
8. EVALUATION/AWARD
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a. Any clerical error, apparent on its face, may be corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer shall contact the offeror and request clarification of the intended proposal. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit. b. Any pricing information submitted by an offeror shall be subject to evaluation if deemed by the DPMM to be in the best interest of the State of Missouri. c. The offeror is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the State of Missouri. However, unless otherwise specified in the RFP, pricing shall be evaluated at the maximum potential financial liability to the State of Missouri. d. Awards shall be made to the offeror whose proposal (1) complies with all mandatory specifications and requirements of the RFP and (2) is the lowest and best proposal, considering price, responsibility of the offeror, and all other evaluation criteria specified in the RFP and any subsequent negotiations and (3) complies with chapter 34, RSMo, other applicable Missouri statutes, and all applicable Executive Orders. e. In the event all offerors fail to meet the same mandatory requirement in an RFP, DPMM reserves the right, at its sole discretion, to waive that requirement for all offerors and to proceed with the evaluation. In addition, the DPMM reserves the right to waive any minor irregularity or technicality found in any individual proposal. f. The DPMM reserves the right to reject any and all proposals. g. When evaluating a proposal, the State of Missouri reserves the right to consider relevant information and fact, whether gained from a proposal, from an offeror, from offeror's references, or from any other source. h. Any information submitted with the proposal, regardless of the format or placement of such information, may be considered in making decisions related to the responsiveness and merit of a proposal and the award of a contract. i. Negotiations may be conducted with those offerors who submit potentially acceptable proposals. Proposal revisions may be permitted for the purpose of obtaining best and final offers. In conducting negotiations, there shall be no disclosure of any information submitted by competing offerors. j. Any award of a contract shall be made by notification from the DPMM to the successful offeror. The DPMM reserves the right to make awards by item, group of items, or an all or none basis. The grouping of items awarded shall be determined by DPMM based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the State of Missouri. k. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected. l. The DPMM posts all proposal results on the On-line Bidding/Vendor Registration System website for all vendors to view for a reasonable period after proposal award and maintains images of all proposal file material for review. Offerors who include an e-mail address with their proposal will be notified of the award results via e-mail. m. The DPMM reserves the right to request clarification of any portion of the offeror's response in order to verify the intent of the offeror. The offeror is cautioned, however, that its response may be subject to acceptance or rejection without further clarification. n. Any proposal award protest must be received within ten (10) business days after the date of award in accordance with the requirements of 1 CSR 401.050 (9). o. The final determination of contract(s) award shall be made by DPMM.
9. CONTRACT/PURCHASE ORDER a. By submitting a proposal, the offeror agrees to furnish any and all equipment, supplies and/or services specified in the RFP, at the prices quoted, pursuant to all requirements and specifications contained therein. b. A binding contract shall consist of: (1) the RFP, amendments thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor's proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) DPMM's acceptance of the proposal by "notice of award" or by "purchase order." All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference. c. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency. d. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the DPMM or by a modified purchase order prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.
10. INVOICING AND PAYMENT a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation. b. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. c. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the DPMM. d. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the RFP. e. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense. f. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo. g. The State of Missouri reserves the right to purchase goods and services using the state purchasing card.
11. DELIVERY Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than the time stated in the contract or within a reasonable period of time, if a specific time is not stated.
12. INSPECTION AND ACCEPTANCE a. No equipment, supplies, and/or services received by an agency of the state pursuant to a contract shall be deemed accepted until the agency has had reasonable opportunity to inspect said equipment, supplies, and/or services. b. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any
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warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. c. The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. d. The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.
13. WARRANTY a. The contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by the DPMM, (2) be fit and sufficient for the purpose expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. b. Such warranty shall survive delivery and shall not be deemed waived either by reason of the state's acceptance of or payment for said equipment, supplies, and/or services.
14. CONFLICT OF INTEREST a. Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest. b. The contractor hereby covenants that at the time of the submission of the proposal the contractor has no other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.
15. REMEDIES AND RIGHTS a. No provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract. b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor to the State of Missouri of all rights, title and interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the State of Missouri for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract with the State of Missouri.
16. CANCELLATION OF CONTRACT a. In the event of material breach of the contractual obligations by the contractor, the DPMM may cancel the contract. At its sole discretion, the DPMM may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide DPMM within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. b. If the contractor fails to cure the breach or if circumstances demand immediate action, the DPMM will issue a notice of cancellation terminating the contract immediately. If it is determined the DPMM improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. c. If the DPMM cancels the contract for breach, the DPMM reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the DPMM deems appropriate and charge the contractor for any additional costs incurred thereby. d. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, and the state shall not be liable for any costs associated with termination caused by lack of appropriations.
17. COMMUNICATIONS AND NOTICES Any notice to the offeror/contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, transmitted by e-mail or hand-carried and presented to an authorized employee of the offeror/contractor.
18. BANKRUPTCY OR INSOLVENCY a. Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor must notify the DPMM immediately. b. Upon learning of any such actions, the DPMM reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages.
19. INVENTIONS, PATENTS AND COPYRIGHTS The contractor shall defend, protect, and hold harmless the State of Missouri, its officers, agents, and employees against all suits of law or in equity resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms of the contract.
20. NON-DISCRIMINATION AND AFFIRMATIVE ACTION In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against recipients of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age, disability, or veteran status unless otherwise provided by law. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include: a. A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination; b. The identification of a person designated to handle affirmative action;
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c. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a wage and salary structure, and standards applicable to layoff, recall, discharge, demotion, and discipline; d. The exclusion of discrimination from all collective bargaining agreements; and e. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning. If discrimination by a contractor is found to exist, the DPMM shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, suspension, or debarment by the DPMM until corrective action by the contractor is made and ensured, and referral to the Attorney General's Office, whichever enforcement action may be deemed most appropriate.
21. AMERICANS WITH DISABILITIES ACT In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).
22. FILING AND PAYMENT OF TAXES The commissioner of administration and other agencies to which the state purchasing law applies shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or otherwise. Therefore offeror’s failure to maintain compliance with chapter 144, RSMo, may eliminate their proposal from consideration for award.
23. TITLES Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language. Revised 12-27-12
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Attachment 1 is being provided for informational purposes to give vendors a sense of the business processes, workflows, roles, and needs associated with the Lands project. Exhibit C.1. includes known Lands requirements. 1 - Brief History: The Missouri Department of Conservation’s (MDC) Mission: To protect and manage the forest, fish and wildlife resources of the state; to facilitate and provide opportunity for all citizens to use, enjoy and learn about these resources. To meet the Department of Conservation’s mission, this endeavor focuses on the administrative and financial aspects of the Department. A solid foundation of our inventory of assets is critical as well as providing a means for the Department’s staff to adhere to our legal obligations for auditing, reporting, financial aid, and similar processes. 2 Key Workflows: The following sections outline key business processes and workflows within the Department. The offeror should develop their implementation approach and pricing taking into account these factors. These are not comprehensive listings of processes or business needs, but demonstrate those processes that are unique to MDC or of high importance and are provided for background information purposes only. 2.1 - Land offering: The Department reviews land offers that can be of A) Purchase, B) Donation C) Willed D) Life Estate (E) Trade or F) Combination of the above. No matter which method the land offer is being proposed to MDC, a review process occurs. Below is a scenario to describe the process of a land offer. In the year 2000, Farmer Brown contacts MDC by sending in a Land Offer Request Form (LOIF). The immediate information logged from the LOIF is the date the LOIF was received from Farmer Brown and the contact name. Next, Realty Services is routes the land offer documents to be evaluated by the appropriate region. Once the proposed land offer from Farmer Brown is entered into the system, and is in the evaluation stage, all data remains confidential to only the review teams. The review teams consist of the Regional Coordination Team (RCT) Committee, the lead Division, the Realty Services, the Realty Committee, MDC’s Federal Aid office, and the Director’s office. Realty Services notifies the RCT via a system notification. The RCT group reviews and comments on the property being offered and provides the decision as to whether they approve or decline the land offer. The notification is then sent to the lead Division. The lead Division’s obligation is the same as that of the RCT. The lead Division reviews the comments from the RCT’s input, records their comments and their decision as to whether they approve or decline the land offer. The lead Division will also verify funding sources are available for the property (it is possible to have multiple funding sources). Once the lead Division completes their evaluation of the land offer, notification is sent to Realty Services. If the lead Division approves the land offer, the evaluation continues throughout the workflow. The lead Division asks for the respective offer to be considered as an agenda item at an upcoming Realty Committee meeting. Awareness of the proposed land offer acceptance is also communicated to MDC’s Federal Aid office. Next, the Realty Committee reviews all the comments, the polygon, via bidirectional integration with Esri 10.1, and other factors to determine if the offer meets MDCs mission. The Realty Committee’s decision to approve or decline the land offer is communicated throughout the evaluation process (RCT Committee, lead Division, Realty Services).
B2Z13065 Page 89 If the lead Division or the Realty Committee declines the land offer, a letter is written by Realty Services that requires Legal Counsel’s review. The Legal Counsel will review and make edits to the letter, if needed, or approve as is, and notify the lead Division to proceed. If the Realty Committee approves the land offer, a Commission Recommendation (document) is written that goes to Legal Counsel for review. If required, the Legal Counsel edits the letter or approve as is and notifies the lead Division and Realty Services who proceeds with the process. Once all documentation is in order, the Director of MDC reviews and either approves or declines the proposed land offer. If the Director approves, MDC’s Commission reviews and either approves or declines the proposed land offer. The decision is recorded in the system. If the proposed land offer is approved, Realty Services performs the closing of the property with the land owner. Once the closing of the proposed land offer is complete, the property is now considered to be owned by MDC. With this, data is collected within the system, including: Official Conservation Area Name, Conservation Area Name, the Area ID, the Tract Name, the Tract ID, the active status of the Tract, the funding sources used to purchase the property (can be more than one), the dollar amount for each funding source and the percentage of each funding source, the grant code, the number of acres, title insurance fee, appraisal fee, recorder fee, miscellaneous fee, Book (allow multiple), Page (allow multiple), Courthouse Document Number, Deed Date (date deed was received), Survey Number, Deed Number and the Acquired Date, Land Ownership (MDC owned; NonMDC owned). Even though the land is now MDC owned, the deed may not have been received from the county Courthouse. For a diagram of this process, see Diagram B. 2.2 - Key Process #2: (Building Inventory on tract of MDC owned land): Once the area is within our inventory, we enter any buildings that are on that tract of land. For building information, the Department stores the following: Building Type, Building Tag Number, Acquired Cost, and Acquired Date (additional fields are listed in the table below). 2.3 - Key Process #3: (building improvement): Scenario: In 1983, Farmer Rick sold the Department 6,000 acres. We have this and all information in the system. On Tract Number 198301, there is a building of type Machine Shed. The building id number is 45890. It is now 2004 and we want to add additional square footage to this machine shed. This building transaction would be improvement. The improvement contains a useful life, date the improvement was completed and the associated costs for that improvement. Based on Governmental Accounting Standards Board (GASB) Statement No. 34, the improvement is calculated using the straight line depreciation method. 2.4 - Key Process #4: (Lease MDC owned land): Scenario: In 2010, the Department received a request from a landowner that they would like to lease 100 acres from one of our MDC areas. After the approval from administration, the system changes the status of the tract to leased and records the following attributes: start date, end date, termination date, perpetual, contact information, comments, termination reason, number of acres, property address (street, city, state, zip), and cost of the lease and in what unit (month, year). 2.5 - Key Process #5: (lease on non-MDC owned land): Scenario: In 2009, Farmer Brown has 30 additional acres adjoining the acreage he sold the Department in 2000. The Department would like to lease those 30 acres – not purchase the land. To accommodate this request, an MDC area is created and a tract added to that area. For reporting purposes, we track not only the lease information but the information for the tract of land, such as date acquired, acres, county, administering division, etc. 2.6 - Key Process #6: (Easement on MDC owned land): Scenario: In 2011, the Department received a request from a landowner that they would like to have an ingress/egress easement onto one of our MDC areas. After the approval from administration, the system records
B2Z13065 Page 90 that our owned MDC tract of land has an easement with the type of ingress/egress with the following attributes: easement type (from a lookup table), start date, end date, termination date, perpetual, contact information, comments, termination reason, and cost of the easement and in what unit (month, year). Ref #
Land Offer Process
1
For the workflow described above for acquiring land, the following are the data elements: approve/deny, date, comments, date of realty committee meeting, conditional approval, land offer status, date of commission approval.
2
General data elements: administering division, area number, official conservation area name, area name, tract name, Tract number, base currency amount, deed number, funding sources (may be more than one), the amount of that funding source (may be more than one), percentage of that funding source (may be more than one), number of acres, date acquired, grant code if the funding source is referencing federal aid, title insurance fee, appraisal fee, recorder fee, miscellaneous fee, book (may be more than one), page (may be more than one), courthouse document number, survey number, tract ownership.
3
Land acquisition data elements: purchase, donation, will/trust, life estate and trade.
4
The ability to access documents that were scanned from MDC’s document management application (Filebound).
5
The ability to integrate with MDC’s external web services build in .net using REST and / or SOAP.
6
Search against external geospatial databases.
7
System notifications.
8
Customizable dashboards displaying tasks, notifications or actions per the logged in person for that group.
9
Generation of system documents (e.g., commission recommendation, decline letter).
10
If we do not acquire the land, information is archived for 5 years and not to be confused with active data.
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Acquired of land
11
Multiple tracts in a single area are tracked, requiring a one-to-many relationship (for additional information, see MDC Area and Tracts diagram below).
12
Ability to classify and move data to an inactive or “retired” state and maintain a historical record of data.
13
Tract contains a MDC area.
14
Each tract has a deed number. This deed number could apply to one or more tracts.
15
A tract of land can be in more than one county and more than one region.
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Contact Information (applies to Land Offer, Lease, Agreements, Easements) Last Name, First Name, Street Address, City, State, Zip, Contact Phone Number.
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Page 91 Buildings for Lands
17
The ability for the system to capture the following data elements: Building Type, insurance flag, active status, how the building was acquired (e.g., purchase, new construction, improvement, donation or construction-in-progress (CIP)), useful life, building id number, historical cost (Acquired cost plus any improvements), improvement cost, percentage of construction cost, new construction cost, appraisal fee, miscellaneous fee, acquired date (with land purchase or new construction), completed date (improvement), date paid, fiscal year reported, date disposed (if applicable), fiscal year disposed (if applicable), funding source (must allow for more than one funding source), dollar amount for each funding source, percentage for each funding source, for each funding source that is federal aid, need field for grant code, building size, description, comments, reporting fiscal year.
18
Each building is to be located on a tract of land.
19
Buildings are not to be deleted but marked as removed.
20
A tract of land can have more than one building on it.
21
Data will not be deleted from the system. It is marked as removed, inactive, expired or something to mean the same and data relationships maintained.
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Lease/Agreement/Easement
22
The ability for the system to capture the following data elements: start date, end date, termination date, perpetual, contact information, comments, termination reason, comments, cost, unit of cost, property address (street, city, state, zip), funding source.
23
Prior to entering a Lease/Agreement/Easement, a tract must be created or exist.
24
Lease/Agreement/Easement can be on the entire MDC owned area or a portion of it.
25
Lease/Agreement/Easement can be on MDC owned property or non-MDC owned property. Lease
26
Lease can be on a building or land.
27
Inactivate if it is a lease that has expired.
28
Need number of acres recorded on the lease/agreement. Easement
29
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The ability for the system to capture the following data elements: easement type, record date, duration, cost. Payment in lieu of Taxes (PILT)
30
There cannot be a tract with more than one category (e.g., PILT, FCL, Exempt, Life Estate).
31
The ability for the system to capture the following data elements: grade (either forest or agriculture), percentage of grade, dollar amount of that grade, base amount of the tract, tract category (e.g., PILT, FCL, exempt or life estate).
32
The ability for the system to capture the following historical data: amount paid, base amount, grade, percent of grade, date paid, calendar year the PILT pertains to, Year we entered the tract into the system, acreage).
33
Any tract classified as Life Estate will not be counted toward any PILT/FCL calculations.
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Page 92 Payment in lieu of Taxes (PILT)
34
PILT will only be reported on MDC-owned land.
35
When the calculations are run for PILT and if the amount decreases due to a change in grade, the base amount will stay the same and must not be lower than the current amount. Forest Crop Land (FCL)
36
The ability for the system to capture the following data elements: date FCL enrolled, expiration date, contact information, yield tax amount, yield tax amount received, yield tax amount received date, active status, dollar amount based on the FCL tract category.
37
FCL tract status can be on MDC owned land or on non-MDC owned land.
2.7 – Disposal Process: The Department reviews disposal requests for both land and/or buildings. This requires an approval process. A request for disposal is initiated and sent to the lead Division, typically by the respective RCT. The lead Division reviews the request, and any information regarding the assets to aid in the consideration for disposal. At the time when MDC acquires land or building, the funding source is noted, including if any Federal Aid funding was used. If there is federal aid for funding source, then the federal aid office at MDC is contacted regarding the decision. The Realty Committee, Director of MDC and the Commission are also involved in any decision related to land disposal. For a building only disposal, Federal Aid funding source is reviewed. There are several methods in which MDC disposes of land and building assets, including: A) Sold-Auction B) Sold-Sealed Bids C) Trade Disposal D) Split E) Destroyed If an entire tract of land is being disposed of, then all assets on that tract will be disposed with it. If a partial tract of land is being disposed (split), any assets on that partial ground will be disposed with it. When a Split occurs, the Transaction type and a Status for the records need to be marked in such a way that we keep the original data and values and are able to apply data to the records for reporting PILT, Number of Acres, etc. For a diagram of this process, see Diagram C.
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Disposal Process
38
For the workflow described above for land disposal, the following elements are documented: approve/deny decisions, the date, comments, date of realty committee meeting, conditional approval, date of commission approval
39
The ability to have the method of land and building disposal values for data element: method of disposal (sold-auction, sold-sealed bid, trade disposal, split, destroyed), reason for disposal, disposal date, sale price, auction number or sealed bid number, comments
40
For a partial land disposal, acreage must be entered
41
The asset(s) is marked as disposed and not deleted
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Security Roles
42
During the review of the land offer process, the data is kept confidential to the roles identified
43
Audit trail when creating and editing must be kept on all records as to MDC’s network userid and sysdate
B2Z13065 Ref #
Page 93 Security Roles
44
System is to enable the administrative user to grant privileges to other users in the system
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Search Capabilities
45
Ability to search for MDC areas by name, area ID, tract name, tract ID, building ID, county, region, managing division, etc.
46
Query MDC’s enterprise GIS environment.
47
All transactions for land and buildings.
48
Deed number.
49
Township, range, section, courthouse document number.
Ref #
Reports
50
A number of deeded acreage report grouped by ownership status, by county, by administering division.
51
A report that calculates the PILT.
52
A report that calculates the comprehensive annual financial report (Depreciation).
53
A report showing upcoming expiring leases/agreements.
54
Lease types, agreements types their number of acres.
55
Areas with federal interest (comes from funding source field) with detailed data.
GLOSSARY, FORMULAS AND ALGORITHMS Term
Definition/Formula/Algorithm
Area
MDC area (can be made of one or more tracts).
Area ID
Comprised of 4digit year + 2 digit incremental sequence (sequence starts over at 01 each calendar year).
FCL (Forest Crop Land)
Forest Crop Land is a category on a tract. If the tract is defined as FCL, then calculations are run on the number of acres for that tract multiplied by a rate. The rate is predetermined for MDC owned or non-MDC owned land.
Fiscal Year
July 1, Year through June 30, following year.
MDC Owned
MDC has a legal Deed.
Non-MDC Owned
MDC does not have the deed. Most likely a lease/agreement/easement/forest crop land management purposes.
PILT (Payment in lieu of Taxes)
Each tract has a category of whether it is PILT, FCL, exempt or life estate. If the category is PILT, every five years, calculations are run for the acreage on each tract. Calculations take into account the % of the grade of Forest or Agriculture acres and the number of acres that are forest and agriculture. Base dollar amount, grade amount, is used in the calculation. The calculated dollar amount will never be lower than the previous year’s dollar amount.
Tract
Contiguous parcel of land.
B2Z13065 Term Tract ID
Page 94 Definition/Formula/Algorithm Comprised of Area ID + 2 digit incremental sequence.
B2Z13065 DIAGRAM A – EXAMPLE OF LAND
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The following example is provided to share the type of information that must be maintained regarding land assets, including type, ownership, county, and number of tracts included within an Area.
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Page 96 DIAGRAM B – EXAMPLE OF A TIMELINE FOR LAND OFFER PROCESS
Diagram C – Example of a timeline for land disposal process
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Page 97 DIAGRAM C – SAMPLE WIREFRAMES
The following diagrams provide sample wireframes for the Lands project. These are provided only for general informational purposes regarding workflow approaches and data requirement but not the specific look or approach that must be utilized. Land Acquisition:
Realty Dashboard:
PILT Admin:
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PILT Screen:
Federal Aid Dashboard:
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Easement Screen:
L
Lease Information:
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ENTITY RELATION DIAGRAM
1385 Records
423 Records
3567 Records
84 Records
8487 Records
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1384 records
7358 Records
3653 Records
