ࡱ> Y bjbj fpefpe(8bb&&&&&4&&&hC'(&~*zU-k-k-k-S67|m8@$ĶͯQ&816"S688ͯ&&k-k-6===8&k-&k-=8==Fek-.rG9TT<ID-<DeeD&7\ 88=88888ͯͯ<8888888D888888888b m%: RFP FORMAT The following pages contain the format for an RFP. The preparation instructions, bracketed in this document, are not to be included in the RFP. Each page of the RFP must be numbered. Except as noted, issuing agencies should use the titles and text outside the brackets from this form document without change. The use of this RFP form document is required unless approval to modify it is obtained from the Chief Procurement Officer of the Department of General Services. REQUEST FOR PROPOSALS FOR [Identify study/service] ISSUING OFFICE [Include, as a minimum, the full designation of the appropriate agency, department, office, etc.] RFP NUMBER [Insert identifying number assigned by Issuing Office. Example: RFP 20181. This example identifies the first RFP issued by the agency during 2018] DATE OF ISSUANCE [Include date] REQUEST FOR PROPOSALS FOR [Insert study/service identifying number as shown on Title Page] TABLE OF CONTENTS CALENDAR OF EVENTS [page] Part IGENERAL INFORMATION [page] Part IICRITERIA FOR SELECTION [page] Part IIITECHNICAL SUBMITTAL [page] Part IV COST SUBMITTAL [page] Part V SMALL DIVERSE BUSINESS AND SMALL BUSINESS PARTICIPATION SUBMITTAL [page] Part VI CONTRACT TERMS AND CONDITIONS [page] APPENDICES APPENDIX [ ], PROPOSAL COVER SHEET APPENDIX [ ], [To Be Used for Request for Proposals for Services Only] DOMESTIC WORKFORCE UTILIZATION CERTIFICATION APPENDIX [ ], IRAN FREE PROCUREMENT CERTIFICATION APPENDIX [ ], TRADE SECRET CONFIDENTIAL PROPRIETARY INFORMATION NOTICE FORM APPENDIX [ ] COST SUBMITTAL APPENDIX [ ], SMALL DIVERSE BUSINESS AND SMALL BUSINESS PARTICIPATION SUBMITTAL FORM AND LETTERS OF INTENT APPENDIX [ ], MODEL FORM OF SMALL DIVERSE BUSINESS AND SMALL BUSINESS SUBCONTRACT AGREEMENT OPTIONAL APPENDICES [Delete if not applicable] APPENDIX [ ], COSTARS PROGRAM APPENDIX [ ], COSTARS PROGRAM ELECTION TO PARTICIPATE APPENDIX [ ], PARTICIPATING ADDENDUM WITH AN EXTERNAL PROCUREMENT CALENDAR OF EVENTS The Commonwealth will make every effort to adhere to the following schedule: ActivityResponsibilityDateDeadline to submit Questions via email to ________________________ [email address].Potential Offerors[Optional] Pre-proposal ConferenceLocation.Issuing Office/Potential OfferorsAnswers to Potential Offeror questions posted to eMarketplace at  HYPERLINK "http://www.emarketplace.state.pa.us/Search.aspx" http://www.emarketplace.state.pa.us/Search.aspx no later than this date.Issuing OfficePlease monitor website for all communications regarding the RFP.Potential OfferorsThe CD, DVD or Flash drive containing the electronic proposal must be received by the Issuing Office at [indicate address].Offerors PART I GENERAL INFORMATION Purpose. This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement (Offerors) sufficient information to enable them to prepare and submit proposals for the [insert name of agency]s consideration on behalf of the Commonwealth of Pennsylvania (Commonwealth) to satisfy a need for [insert title of study or services] (Project). This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP. Issuing Office. The [insert name of agency] (Issuing Office) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be [insert name, address, and e-mail address of the Issuing Officer], the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer. Overview of Project. Describe and provide the background and affiliated historical information, the work to be accomplished, potential time constraints for work to be completed, what geographical area is to be covered and other pertinent information.] Objectives. General. [State in general terms the Issuing Offices objectives in initiating the project. The objectives should reflect what the Issuing Office expects to gain from the study or service.] Specific. [List specific objectives of the proposed study or service.] Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a [Indicate the type of contract. Refer to Part I, Chapter 8, Department of General Services Procurement Handbook for examples] contract containing the Contract Terms and Conditions as shown in Part VI. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line RFP [insert RFP number] Question) to the Issuing Officer named in Part I, Section I-2 of the RFP. If the Offeror has questions, they may be submitted as they arise via email, but no later than the date indicated on the Calendar of Events. The Issuing Officer shall post the answers to the questions to eMarketplace at  HYPERLINK "http://www.emarketplace.state.pa.us/Search.aspx" http://www.emarketplace.state.pa.us/Search.aspx on an ongoing basis until the deadline stated on the Calendar of Events. When an Offeror submits a question after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Officer may respond to questions of an administrative nature by directing the questioning Offeror to specific provisions in the RFP. To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date, the question and answer will be provided to all Offerors through an addendum. All questions and responses as posted to eMarketplace are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be responsible to monitor eMarketplace for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described in Part I, Section I-26. [or for those RFPs issued by agencies other than DGS, replace on the DGS website with the appropriate location where the agency protest procedures may be found]. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to eMarketplace at  HYPERLINK "http://www.emarketplace.state.pa.us/Search.aspx" http://www.emarketplace.state.pa.us/Search.aspx. It is the Offerors responsibility to periodically check eMarketplace for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to eMarketplace as addenda to the RFP. Response Date. To be considered for selection, electronic proposal submissions as described in Part I, Section I-11 must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject (unopened) any late proposals. Proposal Requirements. Proposal Submission: To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Section I-11B, providing a single electronic proposal with separate files for the Technical Submittal; the Cost Submittal; and the Small Diverse Business and Small Business (SDB/SB) Participation Submittal including related Letter(s) of Intent. The electronic submission must be on CD, DVD or Flash drive in Microsoft Office or Microsoft Office compatible format and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. The CD, DVD or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD, DVD or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix [insert] to this RFP) and the Proposal Cover Sheet is scanned and provided in a PDF version in the Offerors electronically submitted proposal, the requirement will be met. For this RFP, the proposal must remain valid for [insert number of days, normally 120 taking into consideration time required for evaluation of proposals and processing of the contract] days or until a contract is fully executed. If the Issuing Office selects the Offerors proposal for award, the contents of the selected Offerors proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations. Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Offices address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a clearly identified revised electronic submission on CD, DVD or Flash drive marked as Revised Proposal which complies with the RFP requirements. Proposal Format: Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all proposal requirements. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all Small Diverse Business and Small Business cost data should be kept separate from and not included in the Technical Submittal. Offerors should not reiterate technical information in the cost submittal. Each electronic proposal shall consist of the following three separate electronic files: Technical Submittal, in response to Part III: Complete, sign and include Appendix [ ] Domestic Workforce Utilization Certification; and Complete, sign and include Appendix [ ], Iran Free Procurement Certification Form. Cost Submittal, in response to RFP Part IV; and Small Diverse Business and Small Business (SDB/SB) Participation Submittal, in response to RFP Part V: Complete and include Appendix [ ] - SDB/SB Participation Submittal Form and SDB/SB Letter of Intent. Offeror must provide a Letter of Intent for each SDB and SB listed on the SDB/SB Participation Submittal Form. The Issuing Office reserves the right to request additional information which, in the Issuing Offices opinion, is necessary to assure that the Offerors competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP. The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offerors ability to meet the requirements of the RFP. [Issuing Office may include limit on the number of pages of the proposal.] Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution. [Optional] Oral Presentations. [NOTE: This is optional. If this section is not used, re-number paragraphs.] [Insert clause]. Prime Contractor Responsibilities. The selected Offeror must perform [CHOOSE ONE OF THE FOLLOWING PROVISIONS: (at least 50% of the total contract value) OR IF MORE APPROPRIATE DUE TO THE NATURE OF THE SUPPLIES/SERVICES PROVIDED: (the largest percentage of work as compared to its subcontractors and suppliers)]. Nevertheless, the contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. Further, the Issuing Office will consider the selected Offeror to be the sole point of contact with regard to all contractual matters. Proposal Contents. Confidential Information.The Commonwealth is not requesting, and does not require,confidential proprietary information or trade secrets to be included as part of Offerors submissionsin order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsectionc. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets,for required public disclosure purposes. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained in proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction. Public Disclosure. After the award ofa contractpursuant to this RFP,all proposal submissionsare subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. 67.707(b) for the information to be consideredexempt under 65 P.S. 67.708(b)(11) from public records requests.Refer to Appendix [insert] of the RFP for a Trade Secret Confidential Proprietary Information Notice Form that may be utilized as the signed written statement, if applicable. If financial capability information is submitted in response to Part III of this RFP, such financial capability informationis exempt from public records disclosure under 65 P.S. 67.708(b)(26). Best and Final Offers (BAFO). While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining best and final offers. To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following, in any combination and order: Schedule oral presentations; Request revised proposals; Conduct an online auction; and Enter into pre-selection negotiations. The following Offerors will not be invited by the Issuing Office to submit a Best and Final Offer: Those Offerors which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive. Those Offerors which the Issuing Office has determined in accordance with Part II, Section II-5 from the submitted and gathered financial and other information, do not possess the financial capability, experience or qualifications to assure good faith performance of the contract. Those Offerors whose score for their technical submittal of the proposal is less than 75% of the total amount of technical points allotted to the technical criterion. The Issuing Office may further limit participation in the best and final offers process to those remaining responsible offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals. The Evaluation Criteria found in Part II, Section II-4, shall also be used to evaluate the Best and Final offers. Price reductions offered through any online auction shall have no effect upon the Offerors Technical Submittal. Any reduction to commitments to Small Diverse Businesses and Small Businesses must be proportional to the reduction in the total price offered through any BAFO process or contract negotiations unless approved by BDISBO. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offerors proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offerors proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified. Issuing Office Participation. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise provided in this Part I, Section I-21 [Indicate the number and type of Issuing Office personnel to be assigned to this effort, and specify the function to be performed (e.g., project officer, programmers, clerical support or training). Also, indicate whether or not the Issuing Office will provide office space, reproduction facilities or other logistical support.] Term of Contract. The term of the contract will commence on the Effective Date and will end [insert timeframe, either number of days or a fixed termination date]. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract. Offerors Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that: All of the Offerors information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. 4904. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers compensation liabilities. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform. The Offeror is not currently engaged, and will not during the duration of the contract engage, in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce. Notification of Selection. Contract Negotiations. The Issuing Office will notify all Offerors in writing of the Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office. Award. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror. Debriefing Conferences. Upon notification of award, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offerors proposal in relation to all other Offeror proposals. An Offerors exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest (See Section I-26 of this RFP). RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at  HYPERLINK "http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf" http://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf. [For those RFPs issued by agencies other than DGS, replace on the DGS website with the appropriate location where the agency protest procedures may be found]., A protest by a party that has not or has not yet submitted a proposal must be filed no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office. To be timely, the protest must be received by 4:00 p.m. on the seventh day. [OPTIONAL: To be used if the RFP is made available by electronic means] Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offerors possession and the Issuing Offices version of the RFP, the Issuing Offices version shall govern. [OPTIONAL: To be inserted into the RFP if Information Technology (IT) is included in the project.] Information Technology Policies. This RFP is subject to the Information Technology Policies (ITPs) issued by the Office of Administration, Office for Information Technology (OA-OIT). ITPs may be found at  HYPERLINK "http://www.oa.pa.gov/Policies/Pages/itp.aspx" http://www.oa.pa.gov/Policies/Pages/itp.aspx. All proposals must be submitted on the basis that all ITPs are applicable to this procurement. It is the responsibility of the Offeror to read and be familiar with the ITPs. Notwithstanding the foregoing, if the Offeror believes that any ITP is not applicable to this procurement, it must list all such ITPs in its technical response, and explain why it believes the ITP is not applicable. The Issuing Office may, in its sole discretion, accept or reject any request that an ITP not be considered to be applicable to the procurement. The Offerors failure to list an ITP will result in its waiving its right to do so later, unless the Issuing Office, in its sole discretion, determines that it would be in the best interest of the Commonwealth to waive the pertinent ITP. [OPTIONAL: Insert, if applicable, additional Federal Regulatory Requirements for this RFP.] PART II CRITERIA FOR SELECTION Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must: Be timely received from an Offeror (see Part I, Section I-10); and Be properly signed by the Offeror (see Part I, Section I-11A). Technical Nonconforming Proposals. The two (2) Mandatory Responsiveness Requirements set forth in Section II-1 above (A-B) are the only RFP requirements that the Commonwealth will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in an Offerors proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offerors proposal. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. Independent of the committee, BDISBO will evaluate the Small Diverse Business and Small Business Participation Submittal and provide the Issuing Office with a rating for this component of each proposal. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors. Evaluation Criteria. The following criteria will be used in evaluating each proposal: Technical: The Issuing Office has established the weight for the Technical criterion for this RFP as [Insert the percentage] % of the total points. Evaluation will be based upon the following: [List here each Technical Sub-criterion for example: Qualifications, Soundness of Approach, Available Facilities, Value Assessment, etc.] The final Technical scores are determined by giving the maximum number of technical points available to the proposal(s) with the highest raw technical score. The remaining proposals are rated by applying the Technical Scoring Formula set forth at the following webpage:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx" http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx. Cost: The Issuing Office has established the weight for the Cost criterion for this RFP as [Insert the percentage] % of the total points. The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the Cost Formula set forth at the following webpage:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx" http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/default.aspx. Small Diverse Business and Small Business Participation: [If the contract involves the use of Federal highway, transit or aviation funds originating from the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) or the National Highway Transportation Safety Administration (NHTSA) and the requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must be adhered to, then do not include Small Diverse Business Participation as a criterion. Otherwise, include Small Diverse Business Participation as a criterion.] BDISBO has established the minimum evaluation weight for the Small Diverse Business and Small Business Participation criterion for this RFP as 20% of the total points. The Small Diverse and Small Business point allocation is based entirely on the percentage of the contract cost committed to Small Diverse Businesses and Small Businesses. If the Offeror is a Small Diverse Business, 100% of the contract cost is allocated to Small Diverse Business participation. If the Offeror is a Small Business, 100% of the contract cost is allocated to Small Business participation. A total combined SDB/SB commitment less than one percent (1%) of the total contract cost is considered de minimis and will receive no Small Diverse Business or Small Business points. Based on a maximum total of 200 available points for the Small Diverse Business and Small Business Participation Submittal, the scoring mechanism is as follows:  Small Diverse Business and Small Business Raw Score = 200 (SDB% + (1/3 * SB %)) The Small Diverse Business and Small Business Raw Score is capped at 200. The Offeror with the highest raw score will receive 200 points. Each Offerors raw score will be pro-rated against the Highest Offerors raw score by applying the formula set forth on the following webpage:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/RFP_SCORING_FORMULA.aspx" http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/RFP_SCORING_FORMULA.aspx. The Offerors prior performance in meeting its contractual obligations to Small Diverse Businesses and Small Businesses will be considered by BDISBO during the scoring process. To the extent the Offeror has failed to meet prior contractual commitments, BDISBO may recommend to the Issuing Office that the Offeror be determined non-responsible for the limited purpose of eligibility to receive Small Diverse Business and Small Business points. Domestic Workforce Utilization: [To be used Only for RFPs for Services] Any points received for the Domestic Workforce Utilization criterion are bonus points in addition to the total points for this RFP. The maximum amount of bonus points available for this criterion is 3% of the total points for this RFP. To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. See the following webpage for the Domestic Workforce Utilization Formula:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/RFP_SCORING_FORMULA.aspx" http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procurement-Resources/Pages/RFP_SCORING_FORMULA.aspx Iran Free Procurement Certification and Disclosure. Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, an offeror must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the Pennsylvania Department of General Services (DGS) pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e). All offerors must complete and return the Iran Free Procurement Certification form, (Appendix X, Iran Free Procurement Certification Form), which is attached hereto and made part of this RFP. The completed and signed Iran Free Procurement Certification form must be submitted as part of the Technical Submittal. See the following web page for current Iran Free Procurement list:  HYPERLINK "http://www.dgs.pa.gov/businesses/materials%20and%20services%20procurement/procurement-resources/pages/default.aspx#.WDNfJJgo6Ht" http://www.dgs.pa.gov/businesses/materials%20and%20services%20procurement/procurement-resources/pages/default.aspx#.WDNfJJgo6Ht Offeror Responsibility. To be responsible, an Offeror must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract. In order for an Offeror to be considered responsible for this RFP and therefore eligible for selection for best and final offers or selection for contract negotiations: The total score for the technical submittal of the Offerors proposal must be greater than or equal to 75% of the available technical points; and [NOTE: If financial capability is not included in the RFP, delete the first and second paragraphs and only keep the third paragraph regarding M.D. 215.9 as this paragraph B.] The Offerors financial information must demonstrate that the Offeror possesses the financial capability to assure good faith performance of the contract. The Issuing Office will review the Offerors previous three financial statements, any additional information received from the Offeror, and any other publicly-available financial information concerning the Offeror, and assess each Offerors financial capacity based on calculating and analyzing various financial ratios, and comparison with industry standards and trends. An Offeror who fails to demonstrate sufficient financial capability to assure good faith performance of the contract as specified herein may be considered by the Issuing Office, in its sole discretion, for Best and Final Offers or contract negotiation contingent upon such Offeror providing contract performance security for the first contract year cost proposed by the Offeror in a form acceptable to the Issuing Office. Based on the financial condition of the Offeror, the Issuing Office may require a certified or bank (cashiers) check, letter of credit, or a performance bond conditioned upon the faithful performance of the contract by the Offeror. The required performance security must be issued or executed by a bank or surety company authorized to do business in the Commonwealth. The cost of the required performance security will be the sole responsibility of the Offeror and cannot increase the Offerors cost proposal or the contract cost to the Commonwealth. Further, the Issuing Office will award a contract only to an Offeror determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program. Final Ranking and Award. After any best and final offer process conducted, the Issuing Office will combine the evaluation committees final technical scores, BDISBOs final Small Diverse Business and Small Business Participation Submittal scores, the final cost scores, and (when applicable) the domestic workforce utilization scores, in accordance with the relative weights assigned to these areas as set forth in this Part. The Issuing Office will rank responsible offerors according to the total overall score assigned to each, in descending order. The Issuing Office must select for contract negotiations the offeror with the highest overall score. The Issuing Office has the discretion to reject all proposals or cancel the request for proposals at any time prior to the time a contract is fully executed when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation shall be made part of the contract file. PART III TECHNICAL SUBMITTAL [The work statement is the most important part of the RFP. It is essential the Issuing Office thoroughly analyze the work to be done so the Offeror can be given explicit information on the nature and scope of the work. Without this information, it is unlikely the Offeror will be able to submit a responsive proposal and ultimately perform the work satisfactorily. Each RFP work statement must be tailored to the specific contracted work. As general guidance, a format for the work statement is provided below. Even though the format given below will require some modifications, the paragraph numbering system and, to the extent practicable, the major paragraph headings should be used. Of particular importance is the segmentation of the work to be done into tasks. The tasks are the basis for proposal preparation, pricing and evaluation as well as for contract management once work is begun.] Statement of the Project. State in succinct terms your understanding of the project presented or the service required by this RFP.  FORMTEXT Offeror Response Qualifications. Company Overview. [The agency should insert any minimum corporate capabilities required such as certifications, licenses, third-party ratings, etc.]  FORMTEXT Offeror Response Prior Experience. Include experience in [insert the type of service or study that is the subject of the RFP; also insert reference to any special techniques or experience the agency considers necessary to accomplish the job]. Experience shown should be work done by individuals who will be assigned to this project as well as that of your company. Studies or projects referred to must be identified and the name of the customer shown, including the name, address, and telephone number of the responsible official of the customer, company, or agency who may be contacted.  FORMTEXT Offeror Response Personnel. Include the number of executive and professional personnel, analysts, auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Show where these personnel will be physically located during the time they are engaged in the Project. For key personnel [The agency should define the types of employees it considers to be key], include the employees name and, through a resume or similar document, the Project personnels education and experience in [insert the type of service or study that is the subject of the RFP; also insert reference to any special techniques or experience the agency considers necessary to the accomplishment of the job]. Indicate the responsibilities each individual will have in this Project and how long each has been with your company.  FORMTEXT Offeror Response Subcontractors: Provide a subcontracting plan for all subcontractors, including small diverse business and small business subcontractors, who will be assigned to the Project. The selected Offeror is prohibited from subcontracting or outsourcing any part of this Project without the express written approval from the Commonwealth. Upon award of the contract resulting from this RFP, subcontractors included in the proposal submission are deemed approved. For each position included in your subcontracting plan provide: Name of subcontractor; Address of subcontractor; Number of years worked with the subcontractor; Number of employees by job category to work on this project; Description of services to be performed; What percentage of time the staff will be dedicated to this project; Geographical location of staff; and Resumes (if appropriate and available). The Offerors subcontractor information shall include (through a resume or a similar document) the employees names, education and experience in the services outlined in this RFP. Information provided shall also indicate the responsibilities each individual will have in this Project and how long each has been with subcontractors company.  FORMTEXT Offeror Response Training. If appropriate, indicate recommended training of agency personnel. Include the agency personnel to be trained, the number to be trained, duration of the program, place of training, curricula, training materials to be used, number and frequency of sessions, and number and level of instructors.  FORMTEXT Offeror Response Financial Capability. [Note: Insert this section if the contract resulting from this RFP will have significant risk and the dollar value and payment structure of the contract may create financial risk to contractors without sufficient capital. Otherwise do not insert and renumber your paragraphs.] Describe your companys financial stability and economic capability to perform the contract requirements. Provide your companys financial statements (audited, if available) for the past three fiscal years. Financial statements must include the companys Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report, if available. If your company is a publicly traded company, please provide a link to your financial records on your company website in lieu of providing hardcopies. The Commonwealth reserves the right to request additional information it deems necessary to evaluate an Offerors financial capability.  FORMTEXT Offeror Response Work Plan. Describe in narrative form your technical plan for accomplishing the work using the task descriptions as your reference point. Modifications of the task descriptions are permitted; however, reasons for changes should be fully explained. Indicate the number of person hours allocated to each task. Include a Program Evaluation and Review Technique (PERT) or similar type display, time related, showing each event. If more than one approach is apparent, comment on why you chose this approach. Tasks: [List and describe the tasks or work steps into which the Issuing Office has divided the project through its preliminary analysis. For each task, describe what the selected offeror is expected to do and what it is expected to produce. If the project is to be conducted in phases, specify tasks and deliverables for each phase; also indicate any approvals needed before moving into the next phase. If the project requires a level of effort rather than precise products, show the number of and type of personnel required. Include timeframe for completion of tasks, as appropriate.] [As indicated in this Part III, Section III-5, the Offeror is given the opportunity to recommend modifications to the task segmentation in its proposal. However, to facilitate effective evaluation of such changes, the task statement in the RFP should be prepared with specific attention to detail.]  FORMTEXT Offeror Response Requirements. [Describe volumes that a proposed system must accommodate. Describe any specific quality control requirements, performance standards, time constraints, and other factors that the Issuing Office expects the selected offeror to meet.]  FORMTEXT Offeror Response Disaster Recovery. (if applicable)  FORMTEXT Offeror Response Emergency Preparedness. To support continuity of operations during an emergency, including a pandemic, the Commonwealth needs a strategy for maintaining operations for an extended period of time. One part of this strategy is to ensure that essential contracts that provide critical business services to the Commonwealth have planned for such an emergency and put contingencies in place to provide needed goods and services. Describe how you anticipate such a crisis will impact your operations. Describe your emergency response continuity of operations plan. Please attach a copy of your plan, or at a minimum, summarize how your plan addresses the following aspects of pandemic preparedness: Employee training (describe your organizations training plan, and how frequently your plan will be shared with employees) Identified essential business functions and key employees (within your organization) necessary to carry them out Contingency plans for: How your organization will handle staffing issues when a portion of key employees are incapacitated due to illness. How employees in your organization will carry out the essential functions if contagion control measures prevent them from coming to the primary workplace. How your organization will communicate with staff and suppliers when primary communications systems are overloaded or otherwise fail, including key contacts, chain of communications (including suppliers), etc. How and when your emergency plan will be tested, and if the plan will be tested by a third-party.  FORMTEXT Offeror Response Reports and Project Control. [All contracts require formal control by the Issuing Office to ensure the selected offeror meets the Issuing Offices needs. The Issuing Office usually exercises this Control through the requirement for oral and written reports and other documentation such as plans, proposals, or recommendations that the Issuing Office must approve before the selected Offeror proceeds further with the work. The detail and frequency of the reports generally are dependent upon the size and nature of the contract. Since the Offeror must necessarily include the cost of report preparation in its total costs, the Issuing Office should exercise care to keep the number and frequency of reports to a manageable minimum, consistent with the need for contract control. Consider the availability of Issuing Office manpower for review and consideration of the reports in making this determination. This portion of the RFP should be specific as to the content, frequency, and number of copies of each report required. It is desirable and, in the case of the final report, necessary to provide formats for the written reports. The following illustrate the type and scope of reports and other documentation that might be required.] Status Report. A periodic [specified] progress report covering activities, problems and recommendations. This report should be keyed to the work plan the Offeror developed in its proposal, as amended or approved by the Issuing Office.  FORMTEXT Offeror Response Problem Identification Report. An as required report, identifying problem areas. The report should describe the problem and its impact on the overall project and on each affected task. It should list possible courses of action with advantages and disadvantages of each, and include Offeror recommendations with supporting rationale.  FORMTEXT Offeror Response Final Report. [In all cases, a requirement should be included for the submission of draft copies of the final report to permit the Issuing Office to satisfy itself as to the reports completeness and factual accuracy. The Issuing Office should provide a format for the final report. The format should specify the content of the final report in detail comparable to the following: 1. Abstract or summarize the result of the study or service in terminology that will be meaningful to management and others generally familiar with the subject areas. 2. Describe data collection and analytical and other techniques used during the study. 3. Summarize findings, conclusions and recommendations developed in each task. 4. Include all supporting documentation; e.g., flow-charts, forms, questionnaires, etc. Recommend a time-phased work plan for implementing the recommendations.]  FORMTEXT Offeror Response Objections and Additions to Standard Contract Terms and Conditions. The Offeror will identify which, if any, of the terms and conditions (contained in Part VI) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offerors failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Offices sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Part VI. All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offerors, or any other, online guides or online terms and conditions contained in any proposal. Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Part VI. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Part VI or to other provisions of the RFP as specifically identified above. [When possible the agency should indicate which terms and conditions are not negotiable.]  FORMTEXT Offeror Response PART IV COST SUBMITTAL Cost Submittal. [Examples of Cost Models may be found on the DGS Websites Procurement Resources section.] The information requested in this Part IV shall constitute the Cost Submittal. The Cost Submittal shall be submitted electronically in accordance with Part I, Section I-12A. The total proposed cost should be broken down into the components set forth in Appendix [insert] Cost Submittal Worksheet. The percentage of commitment to Small Diverse Businesses and Small Businesses should not be stated in the Cost Submittal. Offerors should not include any assumptions in their cost submittals. If the Offeror includes assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-9 of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Offices written answer so that all proposals are submitted on the same basis. The Issuing Office will reimburse the selected Offeror for work satisfactorily performed after execution of a written contract and the start of the contract term, in accordance with contract requirements, and only after the Issuing Office has issued a notice to proceed. PART V SMALL DIVERSE BUSINESS AND SMALL BUSINESS PARTICIPATION SUBMITTAL Small Diverse Business and Small Business General Information. [If the contract involves the use of Federal highway, transit or aviation funds originating from the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) or the National Highway Transportation Safety Administration (NHTSA), then the requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard requirements of this Section. Otherwise, use the text provided in this Section V-1 in its entirety.] The Issuing Office encourages participation by Small Diverse Businesses and Small Businesses as prime contractors, and encourages all prime contractors to make significant commitments to use Small Diverse Businesses and Small Businesses as subcontractors and suppliers. A Small Business must meet each of the following requirements: The business must be a for-profit, United States business; The business must be independently owned; The business may not be dominant in its field of operation; The business may not employ more than 100 full-time or full-time equivalent employees; The business may not exceed an average of $38.5 million in gross annual revenues over the preceding three years. For credit in the RFP scoring process, a Small Business must complete the DGS/BDISBO self-certification process. Additional information on this process can be found at:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Small%20Diverse%20Business%20Program/Pages/default.aspx" http://www.dgs.pa.gov/Businesses/Small%20Diverse%20Business%20Program/Pages/default.aspx A Small Diverse Business is a DGS-verified minority-owned small business, woman-owned small business, veteran-owned small business, service-disabled veteran-owned small business, LGBT-owned small business, Disability-owned small business, or other small businesses as approved by DGS, that are owned and controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. For credit in the RFP scoring process, a Small Diverse Business must complete the DGS verification process. Additional information on this process can be found at:  HYPERLINK "http://www.dgs.pa.gov/Businesses/Small%20Diverse%20Business%20Program/Pages/default.aspx" http://www.dgs.pa.gov/Businesses/Small%20Diverse%20Business%20Program/Pages/default.aspx An Offeror that qualifies as a Small Diverse Business or a Small Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors. A Small Diverse Business or Small Business may be included as a subcontractor with as many prime contractors as it chooses in separate proposals. The Departments directory of self-certified Small Businesses and DGS/BDISBO-verified Small Diverse Businesses can be accessed from:  HYPERLINK   HYPERLINK "http://www.dgs.internet.state.pa.us/suppliersearch" http://www.dgs.internet.state.pa.us/suppliersearch Questions regarding the Small Diverse Business and Small Business Programs, including questions about the self-certification and verification processes can be directed to: Department of General Services Bureau of Diversity, Inclusion and Small Business Opportunities (BDISBO) Room 611, North Office Building Harrisburg, PA 17125 Phone: (717) 783-3119 Fax: (717) 787-7052 Email: HYPERLINK "mailto:"   HYPERLINK "mailto:RA-BDISBOVerification@pa.gov" RA-BDISBOVerification@pa.gov Website:  HYPERLINK "http://www.dgs.pa.gov" www.dgs.pa.gov Small Diverse Business and Small Business (SDB/SB) Participation Submittal. [If the contract involves the use of Federal highway, transit or aviation funds originating from the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) or the National Highway Transportation Safety Administration (NHTSA), then the requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard requirements of this Section. Otherwise, use the text provided in this Section V-2 in its entirety.] All Offerors are required to submit the Small Diverse Business and Small Business Participation Submittal Form and related Letter(s) of Intent (available at  HYPERLINK "http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Small%20DIverse%20Business%20and%20Small%20Business%20Participation%20Submittal.xlsx" http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Small%20DIverse%20Business%20and%20Small%20Business%20Participation%20Submittal.xlsx) as described in Part I, Section I-11. To receive points for Small Diverse Business or Small Business participation commitments, the Small Diverse Business or Small Business must be listed in the Departments directory of self-certified Small Businesses and DGS/BDISBO-verified Small Diverse Businesses as of the proposal due date and time. BDISBO reserves the right to adjust overall Small Diverse Business or Small Business commitments to correctly align with the Small Diverse Business or Small Business status of a prime contractor or subcontractor as of the solicitation due date and time, and also to reflect the correct sum of individual subcontracting commitments listed within the Letters of Intent. Offerors must indicate their status as a Small Diverse Business and as a Small Business through selection of the appropriate checkboxes. Offerors must include a numerical percentage which represents the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Diverse Businesses and Small Businesses as subcontractors. Offerors must include a listing of and required information for each of the Small Diverse Businesses and/or Small Businesses with whom they will subcontract to achieve the participation percentages outlined on the Small Diverse Business and Small Business Participation Submittal. Offerors must include a Letter of Intent (available at the following link:  HYPERLINK "http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Small%20DIverse%20Business%20and%20Small%20Business%20Participation%20Submittal.xlsx" http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Small%20DIverse%20Business%20and%20Small%20Business%20Participation%20Submittal.xlsx) signed by both the Offeror and the Small Diverse Business or Small Business for each of the Small Diverse Businesses and Small Businesses identified in the Small Diverse Business and Small Business Participation Submittal form. At minimum, the Letter of Intent must include the following: The fixed numerical percentage commitment and associated estimated dollar value of the commitment made to the Small Diverse Business or Small Business; and A description of the services or supplies the Small Diverse Business or Small Business will provide; and The timeframe during the initial contract term and any extensions, options and renewals when the Small Diverse Business or Small Business will perform or provide the services and/or supplies; and The name and telephone number of the Offerors point of contact for Small Diverse Business and Small Business participation; and The name, address, and telephone number of the primary contact person for the Small Diverse Business or Small Business. Each Small Diverse Business and Small Business commitment which is credited by BDISBO along with the overall percentage of Small Diverse Business and Small Business commitments will become contractual obligations of the selected Offeror. NOTE: Offerors will not receive credit for any commitments for which information as above is not included in the Small Diverse Business and Small Business Participation Submittal. Offerors will not receive credit for stating that after the contract is awarded they will find a Small Diverse Business or Small Business. NOTE: Equal employment opportunity and contract compliance statements referring to company equal employment opportunity policies or past contract compliance practices do not constitute proof of Small Diverse Business and/or Small Business Status or entitle an Offeror to receive credit for Small Diverse Business or Small Business participation. Contract RequirementsSmall Diverse Business and Small Business Participation. [If the contract involves the use of Federal highway, transit or aviation funds originating from the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) or the National Highway Transportation Safety Administration (NHTSA), then the requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard requirements of this Section. Otherwise, use the text provided in this Section V-3 in its entirety.] All contracts containing Small Diverse Business and Small Business Participation must contain the following contract provisions to be maintained through the initial contract term and any subsequent options or renewals: Each Small Diverse Business and Small Business commitment which was credited by BDISBO and the total percentage of such Small Diverse Business and Small Business commitments made at the time of proposal submittal, BAFO or contract negotiations, as applicable, become contractual obligations of the selected Offeror upon execution of its contract with the Commonwealth. For purposes of monitoring compliance with the selected Offerors SDB or SB commitments, the contract cost is the total amount paid to the selected Offeror throughout the initial contract term. All Small Diverse Business and Small Business subcontractors credited by BDISBO must perform at least 50% of the work subcontracted to them. The individual percentage commitments made to Small Diverse Businesses and Small Businesses cannot be altered without written approval from BDISBO. Small Diverse Business and Small Business commitments must be maintained in the event the contract is assigned to another prime contractor. The selected Offeror and each Small Diverse Business and Small Business for which a commitment was credited by BDISBO must submit a final, definitive subcontract agreement signed by the selected Offeror and the Small Diverse Business and/or Small Business to BDISBO within 30 days of the final execution date of the Commonwealth contract. A Model Subcontract Agreement which may be used to satisfy this requirement Model Form of Small Diverse and Small Business Subcontract Agreement is available at the following link:  HYPERLINK "http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Model%20Form%20Subcontract%20Agreement.docx" http://www.dgs.pa.gov/_layouts/download.aspx?SourceUrl=http://www.dgs.pa.gov/Documents/Procurement%20Forms/Model%20Form%20Subcontract%20Agreement.docx). The subcontract must contain: The specific work, supplies or services the Small Diverse Business and/or Small Business will perform; location for work performed; how the work, supplies or services relate to the project; and the specific timeframe during the initial term and any extensions, options and renewals of the prime contract when the work, supplies or services will be provided or performed. The fixed percentage commitment and associated estimated dollar value that each Small Diverse Business and/or Small Business will receive based on the final negotiated cost for the initial term of the prime contract. Payment terms indicating that the Small Diverse Business and/or Small Business will be paid for work satisfactorily completed within 14 days of the selected Offerors receipt of payment from the Commonwealth for such work. Commercially reasonable terms for the applicable business/industry that are no less favorable than the terms of the selected Offerors contract with the Commonwealth and that do not place disproportionate risk on the Small Diverse Business and/or Small Business relative to the nature and level of the Small Diverse Business and/or Small Business participation in the project. If the subcontract terms omit any of the information required in paragraph F, and that information is otherwise reflected within the selected Offerors SDB and SB Participation Submittal or LOI, that information is incorporated into the subcontract agreement. To the extent that any subcontract terms conflict with the requirements of paragraph F or information contained within the selected Offerors SDB and SB Participation Submittal or LOI, the order of precedence is as follows: 1) the requirements of paragraph F, 2) the selected Offerors SDB and SB Participation Submittal, and 3) the terms of the subcontract agreement. If the selected Offeror and a Small Diverse Business or Small Business credited by BDISBO cannot agree upon a definitive subcontract within 30 days of the final execution date of the Commonwealth contract, the selected Offeror must notify BDISBO. The Selected Offeror shall complete the Prime Contractors Quarterly Utilization Report and submit it to the contracting officer of the Issuing Office and BDISBO within ten (10) business days at the end of each quarter of the contract term and any subsequent options or renewals. This information will be used to track and confirm the actual dollar amount paid to Small Diverse Business and Small Business subcontractors and suppliers and will serve as a record of fulfillment of the contractual commitment. If there was no activity during the quarter, the form must be completed by stating No activity in this quarter. A late fee of $100.00 per day may be assessed against the Selected Offeror if the Utilization Report is not submitted in accordance with the schedule above. The Selected Offeror shall notify the Contracting Officer of the Issuing Office and BDISBO when circumstances arise that may negatively impact the selected Offerors ability to comply with Small Diverse Business and/or Small Business commitments and to provide a corrective action plan. Disputes will be decided by the Issuing Office and DGS. If the Selected Offeror fails to satisfy its Small Diverse Business and/or Small Business commitment(s), it may be subject to a range of sanctions BDISBO deems appropriate. Such sanctions include, but are not limited to, one or more of the following: a determination that the selected Offeror is not responsible under the Contractor Responsibility Program; withholding of payments; suspension or termination of the contract together with consequential damages; revocation of the selected Offerors Small Diverse Business status and/or Small Business status; and/or suspension or debarment from future contracting opportunities with the Commonwealth. PART VI CONTRACT TERMS AND CONDITIONS (Reference EUP on DGS website under Procurement Resources) APPENDIX [insert] PROPOSAL COVER SHEET COMMONWEALTH OF PENNSYLVANIA [INSERT ISSUING OFFICE] RFP# ___________________ The proposal of the Offeror identified below for the above-referenced RFP is submitted electronically comprised of separate files for Technical, Cost and SDB/SB: Offeror Information: Offeror NameOfferor Mailing Address Offeror WebsiteOfferor Contact PersonContact Persons Phone NumberContact Persons E-Mail AddressOfferor Federal ID NumberOfferor SAP/SRM Vendor Number Electronic Submittals Enclosed: (Technical Submittal ( Domestic Workforce Utilization Certification(Small Diverse Business and Small Business Participation Submittal ( Small Diverse Business and Small Business Participation Submittal Form ( Small Diverse Business and Small Business Letter(s) of Intent(Cost Submittal Signature Signature of an official authorized to bind the Offeror to the provisions contained in the Offerors proposal: Printed Name Title  FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFERORS PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFERORS PROPOSAL APPENDIX [insert] DOMESTIC WORKFORCE UTILIZATION CERTIFICATION To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use the domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. In order to be eligible for any consideration for this criterion, offerors must complete and sign the following certification. This certification will be included as a contractual obligation when the contract is executed. Failure to complete and sign this certification will result in no consideration being given to the offeror for this criterion. I, ______________________ [title] of ____________________________________ [name of Contractor] a _______________ [place of incorporation] corporation or other legal entity, (Contractor) located at _________________________________________________________ [address] do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Check one of the boxes below): & o All of the direct labor performed within the scope of services under the contract will be performed exclusively within the geographical boundaries of the United States or one of the following countries that is a party to the World Trade Organization Government Procurement Agreement: Aruba, Austria, Belgium, Bulgaria, Canada, Chinese Taipei, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom OR & o ________________ percent ( _____%) [Contractor must specify the percentage] of the direct labor performed within the scope of services under the contract will be performed within the geographical boundaries of the United States or within the geographical boundaries of one of the countries listed above that is a party to the World Trade Organization Government Procurement Agreement. Please identify the direct labor performed under the contract that will be performed outside the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement and identify the country where the direct labor will be performed: _________________________________________________________________________________________________________________________________________________________________________ [Use additional sheets if necessary] The Department of General Services [or other purchasing agency] shall treat any misstatement as fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes. 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