Standard Solicitation Package Module 9 1 Learner
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Standard Solicitation Package Module 9 1 Learner Outcomes Students will: Recall what section that bidders are provided instructions on procedures for submission of bid response. Identify where in the solicitation packet the essential
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Standard Solicitation Package Module 9 1<br>
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Learner Outcomes Students will:
Recall what section that bidders are provided instructions on procedures for submission of bid response.
Identify where in the solicitation packet the essential characteristics of services/products being purchased are found.
Recognize the purposes of using the standard solicitation package.
Define fixed price and fixed price incentive contracts.
Recognize the order evaluation criteria should be listed in Section D of the Solicitation Packet. 2<br>
Recall what section that bidders are provided instructions on procedures for submission of bid response.
Identify where in the solicitation packet the essential characteristics of services/products being purchased are found.
Recognize the purposes of using the standard solicitation package.
Define fixed price and fixed price incentive contracts.
Recognize the order evaluation criteria should be listed in Section D of the Solicitation Packet. 2<br>
03
Students will:
Recall what is considered when determining responsiveness.
Differentiate cost plus percentage cost and hourly rate contracts. 3 Learner Outcomes<br>
Recall what is considered when determining responsiveness.
Differentiate cost plus percentage cost and hourly rate contracts. 3 Learner Outcomes<br>
04
Assures statutory compliance.
Provides a common organizational structure.
Provides a more user-friendly format.
OMES acquisitions required to utilize.
Agencies are encouraged to utilize.
Working template will speed processing.
Contains general terms required for all acquisitions.
Formatted to meet accessibility requirements. Benefits of Use 4<br>
Provides a common organizational structure.
Provides a more user-friendly format.
OMES acquisitions required to utilize.
Agencies are encouraged to utilize.
Working template will speed processing.
Contains general terms required for all acquisitions.
Formatted to meet accessibility requirements. Benefits of Use 4<br>
05
The forms include a cover sheet that gives a brief description of the product/services along with pertinent information, such as closing date and procurement contact. It also includes the bidder Information form and the Non-Collusion Certification. Other forms, such as the Professional Services Certification, may be required depending on the type of solicitation.
The Responding Bidder Information form (OMES Form CP-076) is important because it contains information as to whether the bidder is registered with the Tax Commission and the secretary of state, and the contact information for any questions you may have after proposal submission. It also contains workers’ compensation insurance information that may not be contained in the form.
If the Non-Collusion Certification is not signed and submitted, the proposal is non-responsive. Inclusion of non-collusion certification is considered when determining responsiveness. General Information 5<br>
The Responding Bidder Information form (OMES Form CP-076) is important because it contains information as to whether the bidder is registered with the Tax Commission and the secretary of state, and the contact information for any questions you may have after proposal submission. It also contains workers’ compensation insurance information that may not be contained in the form.
If the Non-Collusion Certification is not signed and submitted, the proposal is non-responsive. Inclusion of non-collusion certification is considered when determining responsiveness. General Information 5<br>
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There are numerous open, closed and awarded solicitations on the OMES website. They are good reference material when you are considering what clauses might benefit your solicitation.
Your agency may choose to develop a suggested package of special terms and conditions to be used in most of your solicitation packages. You can work with your general counsel or administrator on developing a standard terms file or checklist of requested terms for your agency to use depending on the function of your agency.
You can always call the contracting officer assigned to that commodity for assistance or examples of other packages and they may be able to supply you with similar terms used on other projects. General Information (cont.) 6<br>
Your agency may choose to develop a suggested package of special terms and conditions to be used in most of your solicitation packages. You can work with your general counsel or administrator on developing a standard terms file or checklist of requested terms for your agency to use depending on the function of your agency.
You can always call the contracting officer assigned to that commodity for assistance or examples of other packages and they may be able to supply you with similar terms used on other projects. General Information (cont.) 6<br>
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The first page that comes up is the Table of Contents, which can be electronically updated. When finished populating the Sections, click on the Table of Contents and select update the whole document, and the page numbers will update on the TOC. OMES-SA-Solicitation-Sections 7<br>
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Section A
General Provisions 8<br>
General Provisions 8<br>
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**Special note – use the “working” solicitation documents.
Includes the required and suggested standard clauses to be used in state solicitations.
You will find standard Definitions. You may also need to add a Definitions section to your Section B (Special Provisions).
Contains basic (but not specific) instructions on bid submittal and Amendments or Changes. General Provisions 9<br>
Includes the required and suggested standard clauses to be used in state solicitations.
You will find standard Definitions. You may also need to add a Definitions section to your Section B (Special Provisions).
Contains basic (but not specific) instructions on bid submittal and Amendments or Changes. General Provisions 9<br>
10
A.1. Definitions
As used herein, the following terms shall have the following meaning unless the context clearly indicates otherwise:
A.1.1. “Acquisition” means items, products, materials, supplies, services, and equipment a state agency acquires by purchase, lease purchase, lease with option to purchase, or rental pursuant to the Oklahoma Central Purchasing Act.
A.1.2. “Bid” means an offer in the form of a bid, proposal, or quote a bidder submits in response to a solicitation.
A.1.3. “Bidder” means an individual or business entity that submits a bid in response to a solicitation.
A.1.4. “Solicitation” means a request or invitation by the state purchasing director or a state agency for a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an invitation to bid, request for proposal or a request for quotation.
A.1.5. “Supplier” or “vendor” means an individual or business entity that sells or desires to sell acquisitions to state agencies.
A.2. Bid Submission
A.2.1. Submitted bids shall be in strict conformity with the instructions to bidders and shall be submitted with a completed Responding Bidder Information (OMES FORM CP-076) and any other forms required by the solicitation. 10 General Provisions<br>
As used herein, the following terms shall have the following meaning unless the context clearly indicates otherwise:
A.1.1. “Acquisition” means items, products, materials, supplies, services, and equipment a state agency acquires by purchase, lease purchase, lease with option to purchase, or rental pursuant to the Oklahoma Central Purchasing Act.
A.1.2. “Bid” means an offer in the form of a bid, proposal, or quote a bidder submits in response to a solicitation.
A.1.3. “Bidder” means an individual or business entity that submits a bid in response to a solicitation.
A.1.4. “Solicitation” means a request or invitation by the state purchasing director or a state agency for a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an invitation to bid, request for proposal or a request for quotation.
A.1.5. “Supplier” or “vendor” means an individual or business entity that sells or desires to sell acquisitions to state agencies.
A.2. Bid Submission
A.2.1. Submitted bids shall be in strict conformity with the instructions to bidders and shall be submitted with a completed Responding Bidder Information (OMES FORM CP-076) and any other forms required by the solicitation. 10 General Provisions<br>
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A.2. Bid Submission (cont.)
A.2.2. Bids shall be submitted to OMES in a single envelope, package, or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package, or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.
A.2.3. The required certification form, Certification for Competitive Bid and/or Contract, or Non-Collusion Certification (OMES FORM CP-004), must be made out in the name of the Bidder and must be properly executed by an authorized person, with full knowledge and acceptance of all its provisions.
A.2.4. All bids shall be legible and completed in ink or with electronic printer or other similar office equipment. Any corrections to bids shall be identified and initialed in ink by the bidder. Penciled bids and penciled corrections shall NOT be accepted and will be rejected as non-responsive. In addition to a hard copy submittal, the bidder will also be required to submit an electronic copy. Electronic responses must be submitted in the identical format contained in the solicitation (e.g., Microsoft Word or Microsoft Excel, but not Adobe PDF). In the event the hard copy of the price worksheets and electronic copy of the price worksheets do not agree, the electronic copy will prevail.
A.2.5. All bids submitted shall be subject to the Oklahoma Central Purchasing Act, Central Purchasing Rules, and other statutory regulations as applicable, these General Provisions, any Special Provisions, solicitation specifications, required certification statement, and all other terms and conditions listed or attached herein—all of which are made part of this solicitation. 11 General Provisions<br>
A.2.2. Bids shall be submitted to OMES in a single envelope, package, or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package, or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.
A.2.3. The required certification form, Certification for Competitive Bid and/or Contract, or Non-Collusion Certification (OMES FORM CP-004), must be made out in the name of the Bidder and must be properly executed by an authorized person, with full knowledge and acceptance of all its provisions.
A.2.4. All bids shall be legible and completed in ink or with electronic printer or other similar office equipment. Any corrections to bids shall be identified and initialed in ink by the bidder. Penciled bids and penciled corrections shall NOT be accepted and will be rejected as non-responsive. In addition to a hard copy submittal, the bidder will also be required to submit an electronic copy. Electronic responses must be submitted in the identical format contained in the solicitation (e.g., Microsoft Word or Microsoft Excel, but not Adobe PDF). In the event the hard copy of the price worksheets and electronic copy of the price worksheets do not agree, the electronic copy will prevail.
A.2.5. All bids submitted shall be subject to the Oklahoma Central Purchasing Act, Central Purchasing Rules, and other statutory regulations as applicable, these General Provisions, any Special Provisions, solicitation specifications, required certification statement, and all other terms and conditions listed or attached herein—all of which are made part of this solicitation. 11 General Provisions<br>
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A.3. Solicitation Amendments
A.3.1. If an Amendment of Solicitation (OMES FORM CP-011) is issued, the bidder shall acknowledge receipt of any/all amendment(s) to solicitations by signing and returning the solicitation amendment(s). Amendment acknowledgement(s) may be submitted with the bid or may be forwarded separately. If forwarded separately, amendment acknowledgement(s) must contain the solicitation number and response due date and time on the front of the envelope. OMES must receive the amendment acknowledgement(s) by the response due date and time specified for receipt of bids for the bid to be deemed responsive. Failure to acknowledge solicitation amendments may be grounds for rejection.
A.3.2. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the solicitation. All amendments to the solicitation shall be made in writing by OMES.
A.3.3. It is the bidder's responsibility to check the OMES website frequently for any possible amendments that may be issued. OMES is not responsible for a bidder's failure to download any amendment documents required to complete a solicitation. 12 General Provisions<br>
A.3.1. If an Amendment of Solicitation (OMES FORM CP-011) is issued, the bidder shall acknowledge receipt of any/all amendment(s) to solicitations by signing and returning the solicitation amendment(s). Amendment acknowledgement(s) may be submitted with the bid or may be forwarded separately. If forwarded separately, amendment acknowledgement(s) must contain the solicitation number and response due date and time on the front of the envelope. OMES must receive the amendment acknowledgement(s) by the response due date and time specified for receipt of bids for the bid to be deemed responsive. Failure to acknowledge solicitation amendments may be grounds for rejection.
A.3.2. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the solicitation. All amendments to the solicitation shall be made in writing by OMES.
A.3.3. It is the bidder's responsibility to check the OMES website frequently for any possible amendments that may be issued. OMES is not responsible for a bidder's failure to download any amendment documents required to complete a solicitation. 12 General Provisions<br>
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A.4. Bid Change
If the bidder needs to change a bid prior to the solicitation response due date, a new bid shall be submitted to OMES with the following statement, “This bid supersedes the bid previously submitted," in a single envelope, package or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.
A.5. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
By submitting a response to this solicitation:
A.5.1. The prospective primary participant and any subcontractor certifies to the best of their knowledge and belief, that they and their principals or participants:
A.5.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal, state or local department or agency. 13 General Provisions<br>
If the bidder needs to change a bid prior to the solicitation response due date, a new bid shall be submitted to OMES with the following statement, “This bid supersedes the bid previously submitted," in a single envelope, package or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.
A.5. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
By submitting a response to this solicitation:
A.5.1. The prospective primary participant and any subcontractor certifies to the best of their knowledge and belief, that they and their principals or participants:
A.5.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal, state or local department or agency. 13 General Provisions<br>
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A.5. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (cont.)
A.5.1.2. Have not within a three-year period preceding this proposal been convicted of or pled guilty or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract; or for violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
A.5.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph A.5.1.2. of this certification.
A.5.1.4. Have not within a three-year period preceding this application/proposal had one or more public (federal, state or local) contracts terminated for cause or default.
A.5.2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its solicitation response.
A.6. Bid Opening
Sealed bids shall be opened by OMES at the Frates Building 5005 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105, at the time and date specified in the solicitation as Response Due Date and Time. 14 General Provisions<br>
A.5.1.2. Have not within a three-year period preceding this proposal been convicted of or pled guilty or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract; or for violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
A.5.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph A.5.1.2. of this certification.
A.5.1.4. Have not within a three-year period preceding this application/proposal had one or more public (federal, state or local) contracts terminated for cause or default.
A.5.2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its solicitation response.
A.6. Bid Opening
Sealed bids shall be opened by OMES at the Frates Building 5005 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105, at the time and date specified in the solicitation as Response Due Date and Time. 14 General Provisions<br>
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15 A.7. Open Bid/Open Record
Pursuant to the Oklahoma Public Open Records Act, a public bid opening does not make the bid(s) immediately accessible to the public. The procurement or contracting agency shall keep the bid(s) confidential, and provide prompt and reasonable access to the records only after a contract is awarded or the solicitation is cancelled. This practice protects the integrity of the competitive bid process and prevents excessive disruption to the procurement process. The interest of achieving the best value for the state of Oklahoma outweighs the interest of vendors immediately knowing the contents of competitor’s bids. [51 O.S. § 24A.5(5)]
Additionally, financial or proprietary information submitted by a bidder may be designated by the purchasing director as confidential and the procurement entity may reject all requests to disclose information designated as confidential pursuant to 62 O.S. (2012) § 34.11.1(H)(2) and 74 O.S. (2011) § 85.10. Bidders claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential and identify applicable law supporting their claim of confidentiality. The state purchasing director shall make the final decision as to whether the documentation or information is confidential pursuant to 74 O.S. § 85.10. Otherwise, documents and information a bidder submits as part of or in connection with a bid are public records and subject to disclosure after contract award or the solicitation is cancelled. General Provisions<br>
Pursuant to the Oklahoma Public Open Records Act, a public bid opening does not make the bid(s) immediately accessible to the public. The procurement or contracting agency shall keep the bid(s) confidential, and provide prompt and reasonable access to the records only after a contract is awarded or the solicitation is cancelled. This practice protects the integrity of the competitive bid process and prevents excessive disruption to the procurement process. The interest of achieving the best value for the state of Oklahoma outweighs the interest of vendors immediately knowing the contents of competitor’s bids. [51 O.S. § 24A.5(5)]
Additionally, financial or proprietary information submitted by a bidder may be designated by the purchasing director as confidential and the procurement entity may reject all requests to disclose information designated as confidential pursuant to 62 O.S. (2012) § 34.11.1(H)(2) and 74 O.S. (2011) § 85.10. Bidders claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential and identify applicable law supporting their claim of confidentiality. The state purchasing director shall make the final decision as to whether the documentation or information is confidential pursuant to 74 O.S. § 85.10. Otherwise, documents and information a bidder submits as part of or in connection with a bid are public records and subject to disclosure after contract award or the solicitation is cancelled. General Provisions<br>
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A.8. Late Bids
Bids received by OMES after the response due date and time shall be deemed non- responsive and shall NOT be considered for any resultant award.
A.9. Legal Contract
A.9.1. Submitted bids are rendered as a legal offer and any bid, when accepted by OMES, shall constitute a contract.
A.9.2. The contract resulting from this solicitation may consist of the following documents in order of preference:
A.9.2.1. Purchase order, as amended by change order (if applicable).
A.9.2.2. Solicitation, as amended (if applicable).
A.9.2.3. Successful bid (including required certifications), to the extent the bid does not conflict with the requirements of the solicitation or applicable law.
A.9.3. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.
A.10. Pricing
A.10.1. Bids shall remain firm for a minimum of 60 days from the solicitation closing date.
A.10.2. Bidders guarantee unit prices to be correct.
A.10.3. In accordance with 74 O.S. § 85.40, ALL travel expenses to be incurred by the supplier in performance of the contract shall be included in the total bid price/contract amount. 16 General Provisions<br>
Bids received by OMES after the response due date and time shall be deemed non- responsive and shall NOT be considered for any resultant award.
A.9. Legal Contract
A.9.1. Submitted bids are rendered as a legal offer and any bid, when accepted by OMES, shall constitute a contract.
A.9.2. The contract resulting from this solicitation may consist of the following documents in order of preference:
A.9.2.1. Purchase order, as amended by change order (if applicable).
A.9.2.2. Solicitation, as amended (if applicable).
A.9.2.3. Successful bid (including required certifications), to the extent the bid does not conflict with the requirements of the solicitation or applicable law.
A.9.3. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.
A.10. Pricing
A.10.1. Bids shall remain firm for a minimum of 60 days from the solicitation closing date.
A.10.2. Bidders guarantee unit prices to be correct.
A.10.3. In accordance with 74 O.S. § 85.40, ALL travel expenses to be incurred by the supplier in performance of the contract shall be included in the total bid price/contract amount. 16 General Provisions<br>
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A.11. Manufacturers' Name and Approved Equivalents
Unless otherwise specified in the solicitation, manufacturers' names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. Bidder may offer any brand for which they are an authorized representative, and which meets or exceeds the specification for any item(s). However, if bids are based on equivalent products, indicate on the bid form the manufacturer's name and number. Bidder shall submit sketches, descriptive literature, and/or complete specifications with their bid. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids that do not comply with these requirements are subject to rejection.
A.12 Clarification of Solicitation
A.12.1. Clarification pertaining to the contents of this solicitation shall be directed in writing to the OMES contracting officer specified in the solicitation, and must be prior to the closing date of the solicitation.
A.12.2. If a bidder fails to notify the state of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the bidder, or that reasonably should have been known by the bidder, the bidder shall submit a bid at its own risk; and if awarded the contract, the bidder shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a bidder takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response. 17 General Provisions<br>
Unless otherwise specified in the solicitation, manufacturers' names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. Bidder may offer any brand for which they are an authorized representative, and which meets or exceeds the specification for any item(s). However, if bids are based on equivalent products, indicate on the bid form the manufacturer's name and number. Bidder shall submit sketches, descriptive literature, and/or complete specifications with their bid. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids that do not comply with these requirements are subject to rejection.
A.12 Clarification of Solicitation
A.12.1. Clarification pertaining to the contents of this solicitation shall be directed in writing to the OMES contracting officer specified in the solicitation, and must be prior to the closing date of the solicitation.
A.12.2. If a bidder fails to notify the state of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the bidder, or that reasonably should have been known by the bidder, the bidder shall submit a bid at its own risk; and if awarded the contract, the bidder shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a bidder takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response. 17 General Provisions<br>
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A.12. Clarification of Solicitation (cont.)
A.12.3. Bidders who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a written request for administrative review to the contracting officer listed on the solicitation. This request must be made prior to the closing date of the solicitation.
A.13. Negotiations
A.13.1. In accordance with Title 74 § 85.5, the state of Oklahoma reserves the right to negotiate with one, selected, all or none of the vendors responding to this solicitation to obtain the best value for the state. Negotiations could entail discussions on products, services, pricing, contract terminology or any other issue that may mitigate the state’s risks. The state shall consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more vendors, for any and all items in the vendor’s offer.
A.13.2. Firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item shall face a significant disadvantage and may not be considered. If such negotiations are conducted, the following conditions shall apply:
A.13.3. Negotiations may be conducted in person, in writing, or by telephone.
A.13.4. Negotiations shall only be conducted with potentially acceptable offers. The state reserves the right to limit negotiations to those offers that received the highest rankings during the initial evaluation phase. 18 General Provisions<br>
A.12.3. Bidders who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a written request for administrative review to the contracting officer listed on the solicitation. This request must be made prior to the closing date of the solicitation.
A.13. Negotiations
A.13.1. In accordance with Title 74 § 85.5, the state of Oklahoma reserves the right to negotiate with one, selected, all or none of the vendors responding to this solicitation to obtain the best value for the state. Negotiations could entail discussions on products, services, pricing, contract terminology or any other issue that may mitigate the state’s risks. The state shall consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more vendors, for any and all items in the vendor’s offer.
A.13.2. Firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item shall face a significant disadvantage and may not be considered. If such negotiations are conducted, the following conditions shall apply:
A.13.3. Negotiations may be conducted in person, in writing, or by telephone.
A.13.4. Negotiations shall only be conducted with potentially acceptable offers. The state reserves the right to limit negotiations to those offers that received the highest rankings during the initial evaluation phase. 18 General Provisions<br>
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A.13 Negotiations (cont.)
A.13.5. Terms, conditions, prices, methodology, or other features of the offeror’s offer may be subject to negotiations 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 offer.
A.13.6. The requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless the state determines that a change in such requirements is in the best interest of the state Of Oklahoma.
A.14. Rejection of Bid
The state reserves the right to reject any bids that do not comply with the requirements and specifications of the solicitation. A bid may be rejected when the bidder imposes terms or conditions that would modify requirements of the solicitation or limit the bidder's liability to the state. Other possible reasons for rejection of bids are listed in OAC 580:16-7-32.
A.15 Award of Contract
A.15.1. The state purchasing director may award the contract to more than one bidder by awarding the contract(s) by item or groups of items, or may award the contract on an ALL OR NONE basis, whichever is deemed by the state purchasing director to be in the best interest of the state of Oklahoma. 19 General Provisions<br>
A.13.5. Terms, conditions, prices, methodology, or other features of the offeror’s offer may be subject to negotiations 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 offer.
A.13.6. The requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless the state determines that a change in such requirements is in the best interest of the state Of Oklahoma.
A.14. Rejection of Bid
The state reserves the right to reject any bids that do not comply with the requirements and specifications of the solicitation. A bid may be rejected when the bidder imposes terms or conditions that would modify requirements of the solicitation or limit the bidder's liability to the state. Other possible reasons for rejection of bids are listed in OAC 580:16-7-32.
A.15 Award of Contract
A.15.1. The state purchasing director may award the contract to more than one bidder by awarding the contract(s) by item or groups of items, or may award the contract on an ALL OR NONE basis, whichever is deemed by the state purchasing director to be in the best interest of the state of Oklahoma. 19 General Provisions<br>
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A.17 Delivery, Inspection and Acceptance
A.17.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B. Destination. The bidder(s) awarded the contract shall prepay all packaging, handling, shipping and delivery charges and firm prices quoted in the bid shall include all such charges. All products and/or services to be delivered pursuant to the contract shall be subject to final inspection and acceptance by the state at destination. "Destination” shall mean delivered to the receiving dock or other point specified in the purchase order. The state assumes no responsibility for goods until accepted by the state at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the supplier until accepted by the receiving agency. The supplier(s) awarded the contract shall be responsible for filing, processing, and collecting any and all damage claims accruing prior to acceptance.
A.17.2. Supplier(s) awarded the contract shall be required to deliver products and services as bid on or before the required date. Deviations, substitutions or changes in products and services shall not be made unless expressly authorized in writing by OMES.
A.18 Invoicing and Payment
A.18.1. Pursuant to 74 O.S. § 85.44(B), invoices will be paid in arrears after products have been delivered or services provided.
A.18.2. Interest on late payments made by the state of Oklahoma is governed by 62 O.S. § 34.71 and 62 O.S. § 34.72. General Provisions 20<br>
A.17.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B. Destination. The bidder(s) awarded the contract shall prepay all packaging, handling, shipping and delivery charges and firm prices quoted in the bid shall include all such charges. All products and/or services to be delivered pursuant to the contract shall be subject to final inspection and acceptance by the state at destination. "Destination” shall mean delivered to the receiving dock or other point specified in the purchase order. The state assumes no responsibility for goods until accepted by the state at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the supplier until accepted by the receiving agency. The supplier(s) awarded the contract shall be responsible for filing, processing, and collecting any and all damage claims accruing prior to acceptance.
A.17.2. Supplier(s) awarded the contract shall be required to deliver products and services as bid on or before the required date. Deviations, substitutions or changes in products and services shall not be made unless expressly authorized in writing by OMES.
A.18 Invoicing and Payment
A.18.1. Pursuant to 74 O.S. § 85.44(B), invoices will be paid in arrears after products have been delivered or services provided.
A.18.2. Interest on late payments made by the state of Oklahoma is governed by 62 O.S. § 34.71 and 62 O.S. § 34.72. General Provisions 20<br>
21
A.19 Tax Exemption
state agency acquisitions are exempt from sales taxes and federal excise taxes. Bidders shall not include these taxes in price quotes.
A.20. Audit and Records Clause
A.20.1. As used in this clause, “records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any contract with the state, the successful bidder(s) agree any pertinent state or Federal agency will have the right to examine and audit all records relevant to execution and performance of the resultant contract.
A.20.2. The successful bidder(s) awarded the contract(s) is required to retain records relative to the contract for the duration of the contract and for a period of seven years following completion and/or termination of the contract. If an audit, litigation, or other action involving such records is started before the end of the seven-year period, the records are required to be maintained for two years from the date that all issues arising out of the action are resolved, or until the end of the seven-year retention period, whichever is later. General Provisions 21<br>
state agency acquisitions are exempt from sales taxes and federal excise taxes. Bidders shall not include these taxes in price quotes.
A.20. Audit and Records Clause
A.20.1. As used in this clause, “records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any contract with the state, the successful bidder(s) agree any pertinent state or Federal agency will have the right to examine and audit all records relevant to execution and performance of the resultant contract.
A.20.2. The successful bidder(s) awarded the contract(s) is required to retain records relative to the contract for the duration of the contract and for a period of seven years following completion and/or termination of the contract. If an audit, litigation, or other action involving such records is started before the end of the seven-year period, the records are required to be maintained for two years from the date that all issues arising out of the action are resolved, or until the end of the seven-year retention period, whichever is later. General Provisions 21<br>
22
A.21. Non-Appropriation Clause
The terms of any contract resulting from the solicitation and any Purchase Order issued for multiple years under the contract are contingent upon sufficient appropriations being made by the Legislature or other appropriate government entity.
Notwithstanding any language to the contrary in the solicitation, purchase order, or any other contract document, the procuring agency may terminate its obligations under the contract if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay amounts due for multiple year agreements.
The Requesting (procuring) Agency's decisions as to whether sufficient appropriations are available shall be accepted by the supplier and shall be final and binding.
A.22. Choice of Law
Any claims, disputes, or litigation relating to the solicitation, or the execution, interpretation, performance, or enforcement of the contract shall be governed by the laws of the state of Oklahoma.
A.23. Choice of Venue
Venue for any action, claim, dispute or litigation relating in any way to the contract shall be in Oklahoma County, Oklahoma. General Provisions 22<br>
The terms of any contract resulting from the solicitation and any Purchase Order issued for multiple years under the contract are contingent upon sufficient appropriations being made by the Legislature or other appropriate government entity.
Notwithstanding any language to the contrary in the solicitation, purchase order, or any other contract document, the procuring agency may terminate its obligations under the contract if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay amounts due for multiple year agreements.
The Requesting (procuring) Agency's decisions as to whether sufficient appropriations are available shall be accepted by the supplier and shall be final and binding.
A.22. Choice of Law
Any claims, disputes, or litigation relating to the solicitation, or the execution, interpretation, performance, or enforcement of the contract shall be governed by the laws of the state of Oklahoma.
A.23. Choice of Venue
Venue for any action, claim, dispute or litigation relating in any way to the contract shall be in Oklahoma County, Oklahoma. General Provisions 22<br>
23
A.24. Termination for Cause
A.24.1. The supplier may terminate the contract for default or other just cause with a 30-day written request and upon written approval from OMES. The state may terminate the contract for default or any other just cause upon a 30-day written notification to the supplier.
A.24.2. The state may terminate the contract immediately, without a 30-day written notice to the supplier, when violations are found to be an impediment to the function of an agency and detrimental to its cause, when conditions preclude the 30-day notice, or when the state purchasing director determines that an administrative error occurred prior to contract performance.
A.24.3. If the contract is terminated, the state shall be liable only for payment for products and/or services delivered and accepted.
A.25. Termination for Convenience
A.25.1. The state may terminate the contract, in whole or in part, for convenience if the state purchasing director determines that termination is in the state's best interest. The state purchasing director shall terminate the contract by delivering to the supplier a Notice of Termination for Convenience specifying the terms and effective date of contract termination. The contract termination date shall be a minimum of 60 days from the date the Notice of Termination for Convenience is issued by the state purchasing director.
A.25.2. If the contract is terminated, the state shall be liable only for products and/or services delivered and accepted, and for costs and expenses (exclusive of profit) reasonably incurred prior to the date upon which the Notice of Termination for Convenience was received by the supplier. General Provisions 23<br>
A.24.1. The supplier may terminate the contract for default or other just cause with a 30-day written request and upon written approval from OMES. The state may terminate the contract for default or any other just cause upon a 30-day written notification to the supplier.
A.24.2. The state may terminate the contract immediately, without a 30-day written notice to the supplier, when violations are found to be an impediment to the function of an agency and detrimental to its cause, when conditions preclude the 30-day notice, or when the state purchasing director determines that an administrative error occurred prior to contract performance.
A.24.3. If the contract is terminated, the state shall be liable only for payment for products and/or services delivered and accepted.
A.25. Termination for Convenience
A.25.1. The state may terminate the contract, in whole or in part, for convenience if the state purchasing director determines that termination is in the state's best interest. The state purchasing director shall terminate the contract by delivering to the supplier a Notice of Termination for Convenience specifying the terms and effective date of contract termination. The contract termination date shall be a minimum of 60 days from the date the Notice of Termination for Convenience is issued by the state purchasing director.
A.25.2. If the contract is terminated, the state shall be liable only for products and/or services delivered and accepted, and for costs and expenses (exclusive of profit) reasonably incurred prior to the date upon which the Notice of Termination for Convenience was received by the supplier. General Provisions 23<br>
24
A.26 Insurance
The successful bidder(s) awarded the contract shall obtain and retain insurance, including workers' compensation, automobile insurance, medical malpractice, and general liability, as applicable, or as required by state or Federal law, prior to commencement of any work in connection with the contract. The supplier awarded the contract shall timely renew the policies to be carried pursuant to this section throughout the term of the contract and shall provide OMES and the procuring agency with evidence of such insurance and renewals.
A.27. Employment Relationship
The contract does not create an employment relationship. Individuals performing services required by this contract are not employees of the state of Oklahoma or the procuring agency. The supplier's employees shall not be considered employees of the state of Oklahoma nor of the procuring agency for any purpose, and accordingly shall not be eligible for rights or benefits accruing to state employees.
A.28. Compliance with the Oklahoma Taxpayer and Citizen Protection Act of 2007
By submitting a bid for services, the bidder certifies that they, and any proposed subcontractors, are in compliance with 25 O.S. § 1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes but is not limited to the free Employment Verification Program (E-Verify) through the Department of Homeland Security and available at www.dhs.gov/E-Verify. General Provisions 24<br>
The successful bidder(s) awarded the contract shall obtain and retain insurance, including workers' compensation, automobile insurance, medical malpractice, and general liability, as applicable, or as required by state or Federal law, prior to commencement of any work in connection with the contract. The supplier awarded the contract shall timely renew the policies to be carried pursuant to this section throughout the term of the contract and shall provide OMES and the procuring agency with evidence of such insurance and renewals.
A.27. Employment Relationship
The contract does not create an employment relationship. Individuals performing services required by this contract are not employees of the state of Oklahoma or the procuring agency. The supplier's employees shall not be considered employees of the state of Oklahoma nor of the procuring agency for any purpose, and accordingly shall not be eligible for rights or benefits accruing to state employees.
A.28. Compliance with the Oklahoma Taxpayer and Citizen Protection Act of 2007
By submitting a bid for services, the bidder certifies that they, and any proposed subcontractors, are in compliance with 25 O.S. § 1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes but is not limited to the free Employment Verification Program (E-Verify) through the Department of Homeland Security and available at www.dhs.gov/E-Verify. General Provisions 24<br>
25
A.29. Compliance with Applicable Laws
The products and services supplied under the contract shall comply with all applicable federal, state, and local laws, and the supplier shall maintain all applicable licenses and permit requirements.
A.30. Special Provisions
Special Provisions set forth in SECTION B apply with the same force and effect as these General Provisions. However, conflicts or inconsistencies shall be resolved in favor of the Special Provisions. General Provisions 25<br>
The products and services supplied under the contract shall comply with all applicable federal, state, and local laws, and the supplier shall maintain all applicable licenses and permit requirements.
A.30. Special Provisions
Special Provisions set forth in SECTION B apply with the same force and effect as these General Provisions. However, conflicts or inconsistencies shall be resolved in favor of the Special Provisions. General Provisions 25<br>
26
These next sections contain examples of terms and clauses and are for information only. You are not assessed on the actual terms, but are expected to understand where they fit into your Solicitation Package. Sections B–I 26<br>
27
Section B Terms and Conditions may be terms required by federal funding or terms that are special or are more restrictive than the terms in Section A. 27 Section B
Special Provisions<br>
Special Provisions<br>
28
Below are examples of Section B clauses an agency might use. You are not assessed on these terms.
Glossary of Terms
Contractor – A supplier, vendor or bidder.
Closing Date – the date the RFP closes, also proposal opening date, and response due date.
Agency – the _____________ of Oklahoma.
Gratuities
The right of the successful supplier to perform under this contract may be terminated, by written notice, if the contracting officer determines that the successful supplier, or its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of OMES. Furthermore a supplier convicted of such violation may also be suspended or debarred.
Preclusion from Resulting Contracts
Any bidder that has provided any consulting services or technical assistance that resulted in any specifications or concepts in this SOLICITATION, either directly or indirectly, is precluded from the award of such contract and precluded from securing a Sub-contractor that has provided such services.
Mutual Responsibilities
The state and contractor agree that under this Agreement:
Neither party grants the other the right to use any trademarks, trade names, or other designations in any promotion or publication without express written consent by the other party.
This is a non-exclusive agreement and each party is free to enter into similar agreements with others.
Each party grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted. Special Provisions 28<br>
Glossary of Terms
Contractor – A supplier, vendor or bidder.
Closing Date – the date the RFP closes, also proposal opening date, and response due date.
Agency – the _____________ of Oklahoma.
Gratuities
The right of the successful supplier to perform under this contract may be terminated, by written notice, if the contracting officer determines that the successful supplier, or its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of OMES. Furthermore a supplier convicted of such violation may also be suspended or debarred.
Preclusion from Resulting Contracts
Any bidder that has provided any consulting services or technical assistance that resulted in any specifications or concepts in this SOLICITATION, either directly or indirectly, is precluded from the award of such contract and precluded from securing a Sub-contractor that has provided such services.
Mutual Responsibilities
The state and contractor agree that under this Agreement:
Neither party grants the other the right to use any trademarks, trade names, or other designations in any promotion or publication without express written consent by the other party.
This is a non-exclusive agreement and each party is free to enter into similar agreements with others.
Each party grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted. Special Provisions 28<br>
29
Environmental Protection
If the payments pursuant to the contract are expected to exceed $100,000.00, then the contractor must comply with the Section 306 of the Clean Air Act (42 U.S.C. 1857 (L)), Section 508 of the Clean Water Act (33 U.S.C. 1638), Executive Order 11738, and Environmental Protection Agency Regulations (40 C.F.R Part 15), which prohibit the use under nonexempt Federal contract, grant or loans of facilities included on the EPA List of Violating Facilities.
Lobbying
The contractor certifies compliance with the Anti-Lobbying law, Section 1325, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000.00 as defined at 45 CFR 93, Section 93.105 and 93.110.
Drug-Free Workplace
The contractor certifies compliance in providing or continuing to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and implemented at 45 CFR part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610.
Equal Opportunity and Discrimination
The contractor is an Equal Opportunity Employer, a provider of services and/or assistance, and is in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, as amended and Executive Orders 11246 and 11375. The provider assures compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), all amendments to, and all requirements imposed by the regulations issued pursuant to this act. Special Provisions 29<br>
If the payments pursuant to the contract are expected to exceed $100,000.00, then the contractor must comply with the Section 306 of the Clean Air Act (42 U.S.C. 1857 (L)), Section 508 of the Clean Water Act (33 U.S.C. 1638), Executive Order 11738, and Environmental Protection Agency Regulations (40 C.F.R Part 15), which prohibit the use under nonexempt Federal contract, grant or loans of facilities included on the EPA List of Violating Facilities.
Lobbying
The contractor certifies compliance with the Anti-Lobbying law, Section 1325, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000.00 as defined at 45 CFR 93, Section 93.105 and 93.110.
Drug-Free Workplace
The contractor certifies compliance in providing or continuing to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and implemented at 45 CFR part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610.
Equal Opportunity and Discrimination
The contractor is an Equal Opportunity Employer, a provider of services and/or assistance, and is in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, as amended and Executive Orders 11246 and 11375. The provider assures compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), all amendments to, and all requirements imposed by the regulations issued pursuant to this act. Special Provisions 29<br>
30
Sub-Contractors
The intent of this solicitation is to award a contract directly to a bidder with verifiable institutional experience in the stated performance areas, without using subcontracted services. Preference will be given to bidders able to meet all performance areas without subcontractor. In limited cases where the bidding firm is qualified in most performance areas, but desires to use outside resource(s) for specific deliverables such as training, the respondent must specify in the proposal document the name, address, contact name, and references for proposed subcontractor(s) with an explanation of subcontractor services to be performed. Subcontractors must be approved in advance and in writing by the state.
All payments for Products or Services shall be made directly to the bidder.
All sub-contractor changes after award, including changes of the actual employees performing services on this contract, are subject to approval in advance by the state. No payments will be made to the bidder for services performed pursuant to this contract by unapproved employees of a sub-contractor.
Confidentiality
Confidentiality of the state's Information: All data and information to which the Supplier has access pursuant to the performance of this contract is owned by the state of Oklahoma and is confidential. Some of this data and information is sensitive and highly protected from disclosure by state and federal law. The Supplier has no discretion whatsoever about whether any information or data may be disclosed or made public under law. The Supplier shall not, directly or indirectly, publish, disseminate, or otherwise disclose, deliver, or make available any of the data or materials outside its organization, without first obtaining prior written consent from the state. Special Provisions 30<br>
The intent of this solicitation is to award a contract directly to a bidder with verifiable institutional experience in the stated performance areas, without using subcontracted services. Preference will be given to bidders able to meet all performance areas without subcontractor. In limited cases where the bidding firm is qualified in most performance areas, but desires to use outside resource(s) for specific deliverables such as training, the respondent must specify in the proposal document the name, address, contact name, and references for proposed subcontractor(s) with an explanation of subcontractor services to be performed. Subcontractors must be approved in advance and in writing by the state.
All payments for Products or Services shall be made directly to the bidder.
All sub-contractor changes after award, including changes of the actual employees performing services on this contract, are subject to approval in advance by the state. No payments will be made to the bidder for services performed pursuant to this contract by unapproved employees of a sub-contractor.
Confidentiality
Confidentiality of the state's Information: All data and information to which the Supplier has access pursuant to the performance of this contract is owned by the state of Oklahoma and is confidential. Some of this data and information is sensitive and highly protected from disclosure by state and federal law. The Supplier has no discretion whatsoever about whether any information or data may be disclosed or made public under law. The Supplier shall not, directly or indirectly, publish, disseminate, or otherwise disclose, deliver, or make available any of the data or materials outside its organization, without first obtaining prior written consent from the state. Special Provisions 30<br>
31
Invoices
Supplier shall be paid upon submission of proper invoice(s) to the agency at the prices stipulated on the contract. Invoices shall contain the purchase order number.
Failure to provide proper invoices may result in delay of processing invoices for payment.
Patents and Royalties
Supplier without exception shall indemnify and hold harmless the state of Oklahoma and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract. If the Supplier uses any design, device or materials covered by letters, patent copyright, it is mutually agreed and understood without exception that the prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
Price
Bidder warrants that prices of materials, equipment, and services set forth herein do not exceed those charged by the bidder to any other customer purchasing the same goods or services under similar conditions and in like or similar quantities.
Proposals shall remain firm for a minimum of 120 days from the solicitation closing date. (Notice -pricing must be firm for 120 days–overriding the 60 days in Section A.)
Assignment
Supplier’s obligations under this contract may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of OMES. Special Provisions 31<br>
Supplier shall be paid upon submission of proper invoice(s) to the agency at the prices stipulated on the contract. Invoices shall contain the purchase order number.
Failure to provide proper invoices may result in delay of processing invoices for payment.
Patents and Royalties
Supplier without exception shall indemnify and hold harmless the state of Oklahoma and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract. If the Supplier uses any design, device or materials covered by letters, patent copyright, it is mutually agreed and understood without exception that the prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
Price
Bidder warrants that prices of materials, equipment, and services set forth herein do not exceed those charged by the bidder to any other customer purchasing the same goods or services under similar conditions and in like or similar quantities.
Proposals shall remain firm for a minimum of 120 days from the solicitation closing date. (Notice -pricing must be firm for 120 days–overriding the 60 days in Section A.)
Assignment
Supplier’s obligations under this contract may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of OMES. Special Provisions 31<br>
32
Severability
If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Failure to Enforce
Failure by the state of Oklahoma at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the state of Oklahoma to enforce any provisions at any time in accordance with its terms.
Renewals
The contract resulting from this RFP shall begin upon date of award by ________ and continue for a period of twelve months with an option to renew for two consecutive twelve-month periods.
Offshore Services
No offshore services are provided for under the resulting contract.
Limitation of Liability
Supplier shall be liable for any damages resulting from, arising out of, or relating to the services provided through this agreement. Supplier’s liability for all programs, including software products owned or distributed by the Suppler, program documentation, and any program updates acquired through technical support shall be limited to the Supplier’s warranty.
“Any limitation of liability submitted by the bidder does not apply to the extent a court of competent jurisdiction (including any appellate court of final review) determines such limitation of liability violates Oklahoma law, in which case the specific limitation that the court determines is in violation of Oklahoma law shall be void.” Special Provisions 32<br>
If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Failure to Enforce
Failure by the state of Oklahoma at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the state of Oklahoma to enforce any provisions at any time in accordance with its terms.
Renewals
The contract resulting from this RFP shall begin upon date of award by ________ and continue for a period of twelve months with an option to renew for two consecutive twelve-month periods.
Offshore Services
No offshore services are provided for under the resulting contract.
Limitation of Liability
Supplier shall be liable for any damages resulting from, arising out of, or relating to the services provided through this agreement. Supplier’s liability for all programs, including software products owned or distributed by the Suppler, program documentation, and any program updates acquired through technical support shall be limited to the Supplier’s warranty.
“Any limitation of liability submitted by the bidder does not apply to the extent a court of competent jurisdiction (including any appellate court of final review) determines such limitation of liability violates Oklahoma law, in which case the specific limitation that the court determines is in violation of Oklahoma law shall be void.” Special Provisions 32<br>
33
Failure to Provide Services
The Supplier’s repeated failure to provide defined services, without reasonable basis as determined by the state of Oklahoma, shall constitute a material breach of the Supplier’s obligations, which may result in cancellation of the contract.
HIPPA (Short Version)
The Offeror shall agree and use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFT Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996. The definitions set forth in the Privacy Rule are incorporated by reference into this contract (45 CFR §§ 160.103 AND 164.501).
ADDITIONAL INSURANCE REQUIREMENTS (supplemental to A.26)
In addition to the insurance requirements referenced in A.26, bidder shall provide the state with a Certificate of Insurance evidencing coverage for Cyber Risk Insurance with minimum limits of ($5,000,000) five million dollars. The coverage shall have a rider or sub-limits for Privacy Liability in the minimum amount of ($1,000,000) one million dollars. Certificates shall reference the actual limits of insurance carried by the bidder. Bidders submitting bids which include no services, interfacing hardware or software that is COTS are exempt from this provision. Special Provisions 33<br>
The Supplier’s repeated failure to provide defined services, without reasonable basis as determined by the state of Oklahoma, shall constitute a material breach of the Supplier’s obligations, which may result in cancellation of the contract.
HIPPA (Short Version)
The Offeror shall agree and use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFT Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996. The definitions set forth in the Privacy Rule are incorporated by reference into this contract (45 CFR §§ 160.103 AND 164.501).
ADDITIONAL INSURANCE REQUIREMENTS (supplemental to A.26)
In addition to the insurance requirements referenced in A.26, bidder shall provide the state with a Certificate of Insurance evidencing coverage for Cyber Risk Insurance with minimum limits of ($5,000,000) five million dollars. The coverage shall have a rider or sub-limits for Privacy Liability in the minimum amount of ($1,000,000) one million dollars. Certificates shall reference the actual limits of insurance carried by the bidder. Bidders submitting bids which include no services, interfacing hardware or software that is COTS are exempt from this provision. Special Provisions 33<br>
34
Section C
Solicitation Specifications 34<br>
Solicitation Specifications 34<br>
35
A specification is an explicit set of requirements to be satisfied by a material, product or service. (ASTM and Wikipedia definition)
Explicit means “fully and clearly expressed.” (The American Heritage College Dictionary) Definitions 35<br>
Explicit means “fully and clearly expressed.” (The American Heritage College Dictionary) Definitions 35<br>
36
All specifications should:
Convey a complete and accurate understanding of what is required.
Not be restrictive to encourage competition.
Not require clarification to suppliers.
Convey minimum performance/objectives to satisfy organizational needs.
Utilize a standard format.
Specifications should not:
Provide instructions or response preparation.
Contain general or special terms and conditions.
Contain intended evaluation methods. Purpose of Specifications 36<br>
Convey a complete and accurate understanding of what is required.
Not be restrictive to encourage competition.
Not require clarification to suppliers.
Convey minimum performance/objectives to satisfy organizational needs.
Utilize a standard format.
Specifications should not:
Provide instructions or response preparation.
Contain general or special terms and conditions.
Contain intended evaluation methods. Purpose of Specifications 36<br>
37
Do effective research.
What do they want? What do they really need?
Be curious and ask good questions – who, what, when, where? Gathering Specifications 37<br>
What do they want? What do they really need?
Be curious and ask good questions – who, what, when, where? Gathering Specifications 37<br>
38
Provide Clarity Use short sentences and simple language.
Use consistent terminology throughout.
Bidder, proposer, offeror (prior to submission).
Contractor, vendor, supplier (post-award).
Avoid redundancies and contradictions.
Double check references.
Define acronyms, avoid abbreviations.
Avoid ambiguous language.
E.g., good quality, reasonable time, maximum reliability.
Proof for grammar and spelling.
Have coworker assist (spell check does not catch every flaw).
Provide drawings as appropriate.
Avoid “in-house” or technical jargon. 38<br>
Use consistent terminology throughout.
Bidder, proposer, offeror (prior to submission).
Contractor, vendor, supplier (post-award).
Avoid redundancies and contradictions.
Double check references.
Define acronyms, avoid abbreviations.
Avoid ambiguous language.
E.g., good quality, reasonable time, maximum reliability.
Proof for grammar and spelling.
Have coworker assist (spell check does not catch every flaw).
Provide drawings as appropriate.
Avoid “in-house” or technical jargon. 38<br>
39
Use shall only for mandatory requirements.
Use should or may for non-mandatory or optional requirements.
Avoid the use of “and/or." And connects things, while or separates and could mean either. Choose Words Carefully 39<br>
Use should or may for non-mandatory or optional requirements.
Avoid the use of “and/or." And connects things, while or separates and could mean either. Choose Words Carefully 39<br>
40
The agency is responsible for the initial draft.
Seek input from end users.
state purchasing will usually have questions and will usually make suggestions for fine tuning specifications.
The agency and state purchasing will collaborate as a team to create the final draft. Work Cooperatively 40<br>
Seek input from end users.
state purchasing will usually have questions and will usually make suggestions for fine tuning specifications.
The agency and state purchasing will collaborate as a team to create the final draft. Work Cooperatively 40<br>
41
Pencil – Office Supply catalog has 343 types:
Mechanical pencil.
Drawing pencil.
Golf pencil.
Colored pencil.
Erasable pencil.
GOOD: Pencil, #2 lead, wood with eraser.
BETTER: Wooden pencil, #2 soft lead, 100% Cedar, eraser, hexagonal barrel, yellow, PMA Certified Non-Toxic, 12/Box. Specification Example 41<br>
Mechanical pencil.
Drawing pencil.
Golf pencil.
Colored pencil.
Erasable pencil.
GOOD: Pencil, #2 lead, wood with eraser.
BETTER: Wooden pencil, #2 soft lead, 100% Cedar, eraser, hexagonal barrel, yellow, PMA Certified Non-Toxic, 12/Box. Specification Example 41<br>
42
What to Consider 42 Section C is your technical requirements, statement of work and statement of objectives.
A statement of work outlines the work to be done – specific tasks to be accomplished.
Regardless of type, the specification should provide the essential characteristics of the service/product being purchased.
A statement of objectives provides specific objectives to be achieved, allowing the bidder to submit a proposal detailing how they will accomplish those objectives.
Emphasize achieving a specific result, not the process of getting there. The goal is getting a solution to a defined need.<br>
A statement of work outlines the work to be done – specific tasks to be accomplished.
Regardless of type, the specification should provide the essential characteristics of the service/product being purchased.
A statement of objectives provides specific objectives to be achieved, allowing the bidder to submit a proposal detailing how they will accomplish those objectives.
Emphasize achieving a specific result, not the process of getting there. The goal is getting a solution to a defined need.<br>
43
What
What is the desired product/service or the expected outcome?
What constitutes acceptance?
When
How soon must it be complete?
Milestones?
Where
Where is the installation or service?
What facilities are available to the bidder?
How
What are the warranties (if any)?
How will it be maintained?
How will it be paid for? What to Consider 43<br>
What is the desired product/service or the expected outcome?
What constitutes acceptance?
When
How soon must it be complete?
Milestones?
Where
Where is the installation or service?
What facilities are available to the bidder?
How
What are the warranties (if any)?
How will it be maintained?
How will it be paid for? What to Consider 43<br>
44
Distribution/Recovery
What will happen at the end of the contract?
Who is responsible for moving equipment at the end of a lease?
Are there hazardous materials the bidder needs to take back at the end of the contract?
How will the state receive all the intellectual property and information collected during the contract for future use?
Are “as-builts,” diagrams or training materials required to maintain the systems/information after the contract ends?
Who is responsible for payment of any charges associated with closeout of the contract?
How will you assure the assets of the state are protected after the contract ends? What to Consider 44<br>
What will happen at the end of the contract?
Who is responsible for moving equipment at the end of a lease?
Are there hazardous materials the bidder needs to take back at the end of the contract?
How will the state receive all the intellectual property and information collected during the contract for future use?
Are “as-builts,” diagrams or training materials required to maintain the systems/information after the contract ends?
Who is responsible for payment of any charges associated with closeout of the contract?
How will you assure the assets of the state are protected after the contract ends? What to Consider 44<br>
45
Specification definition
A precise description of the physical or functional characteristics of a product, good or construction item. A description of goods as opposed to a descriptions of services. A description of what the purchaser seeks to buy and what the bidder must be responsive to in order to be considered for award of a contract. Solicitation Preparation 45<br>
A precise description of the physical or functional characteristics of a product, good or construction item. A description of goods as opposed to a descriptions of services. A description of what the purchaser seeks to buy and what the bidder must be responsive to in order to be considered for award of a contract. Solicitation Preparation 45<br>
46
Specifications (may also be known as purchasing descriptions) generally fall under the following categories:
Design.
Performance.
Combination (design and performance).
Brand name or approved equal.
Qualified products list.
Samples. 46 Solicitation Preparation<br>
Design.
Performance.
Combination (design and performance).
Brand name or approved equal.
Qualified products list.
Samples. 46 Solicitation Preparation<br>
47
Statement of Objectives definition
The portion of a Request for Proposal that describes specifically what is to be done by the supplier. It may include specifications, performance outcomes, dates and time of performance and quality requirements.. Solicitation Preparation 47<br>
The portion of a Request for Proposal that describes specifically what is to be done by the supplier. It may include specifications, performance outcomes, dates and time of performance and quality requirements.. Solicitation Preparation 47<br>
48
The statement of work or statement of objectives provides the boundaries for the work and sets the expectation for the results.
Any change to the scope, no matter how small, has the potential to extend your timeline and/or put you over-budget.
There is always a cost to expanding your scope – in money, materials, manpower and/or time.
Any change to the scope may result in you being out of compliance with your original solicitation and subject to audit findings or bidder litigation.
Remember: Do what your solicitation says you will do. Solicitation Preparation – Last Thoughts 48<br>
Any change to the scope, no matter how small, has the potential to extend your timeline and/or put you over-budget.
There is always a cost to expanding your scope – in money, materials, manpower and/or time.
Any change to the scope may result in you being out of compliance with your original solicitation and subject to audit findings or bidder litigation.
Remember: Do what your solicitation says you will do. Solicitation Preparation – Last Thoughts 48<br>
49
Section D
Evaluation 49<br>
Evaluation 49<br>
50
Section D includes your evaluation criteria. You are not required to disclose the category points in the solicitation package, but most federal entities require you to list the evaluation criteria in order of importance. Since you may or may not be using federal funds, it is a good idea to get in the habit of listing the criteria this way.
Important – If a criteria is not listed, you cannot use it for evaluation. You should also speak to the process in this section (i.e., if you will negotiate it or do interviews or site visits). You must state if it is “best value” or “lowest and best.” Guidelines 50<br>
Important – If a criteria is not listed, you cannot use it for evaluation. You should also speak to the process in this section (i.e., if you will negotiate it or do interviews or site visits). You must state if it is “best value” or “lowest and best.” Guidelines 50<br>
51
Evaluation and Award
Proposals will be evaluated on the “best value” determination in accordance with the state of Oklahoma Statute Title 74, Section 85.
Competitive Negotiations of Proposals – USE IF NEGOTIATIONS ARE REQUIRED, EDIT TO FIT REQUIREMENTS
In accordance with Oklahoma Statutes, title 74 subsections 85.5.J (5) and 85.9D.A, the state of Oklahoma reserves the right to negotiate with one, selected, all or none of the bidders responding to this solicitation to obtain the best value for the state. Negotiations would be through the state purchasing director and could entail discussions on products, services, pricing, contract terminology or any other issue that mitigate the state’s risks. The state will consider all issues to be negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more bidders, for any and all items in the bidder’s proposal.
Negotiations would be through the state purchasing director (or state entity if bidding at the entity level). The state will consider all cost and business terms to be negotiable and not artificially constrained by internal corporate policies. In short, firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item will face a significant disadvantage and may not be considered. Terms and Conditions Examples Only 51<br>
Proposals will be evaluated on the “best value” determination in accordance with the state of Oklahoma Statute Title 74, Section 85.
Competitive Negotiations of Proposals – USE IF NEGOTIATIONS ARE REQUIRED, EDIT TO FIT REQUIREMENTS
In accordance with Oklahoma Statutes, title 74 subsections 85.5.J (5) and 85.9D.A, the state of Oklahoma reserves the right to negotiate with one, selected, all or none of the bidders responding to this solicitation to obtain the best value for the state. Negotiations would be through the state purchasing director and could entail discussions on products, services, pricing, contract terminology or any other issue that mitigate the state’s risks. The state will consider all issues to be negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more bidders, for any and all items in the bidder’s proposal.
Negotiations would be through the state purchasing director (or state entity if bidding at the entity level). The state will consider all cost and business terms to be negotiable and not artificially constrained by internal corporate policies. In short, firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item will face a significant disadvantage and may not be considered. Terms and Conditions Examples Only 51<br>
52
Competitive Negotiations of Proposals – USE IF NEGOTIATIONS ARE REQUIRED, EDIT TO FIT REQUIREMENTS (cont.)
If such negotiations are conducted, the following conditions shall apply:
Negotiations may be conducted in person, in writing or by telephone.
Negotiations will only be conducted with potentially acceptable proposals. OMES reserves the right to limit negotiations to those proposals that 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.
Terms, conditions, prices, methodology or other features of the offeror’s proposal may be subject to negotiations 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.
The mandatory requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless OMES determines that a change in such requirements is in the best interest of the state Of Oklahoma.
BEST and FINAL – We may request best and final offers if deemed necessary, and will determine the scope and subject of any best and final request. However, you should not expect that we will ask for best and finals to give you an opportunity to strengthen your proposal. Therefore, you must submit your best offer based on the terms and condition set forth in this solicitation.
Selection Criteria – The Evaluation Criteria should be listed in order of importance. If it is not listed, it cannot be used. Terms and Conditions Examples Only 52<br>
If such negotiations are conducted, the following conditions shall apply:
Negotiations may be conducted in person, in writing or by telephone.
Negotiations will only be conducted with potentially acceptable proposals. OMES reserves the right to limit negotiations to those proposals that 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.
Terms, conditions, prices, methodology or other features of the offeror’s proposal may be subject to negotiations 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.
The mandatory requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless OMES determines that a change in such requirements is in the best interest of the state Of Oklahoma.
BEST and FINAL – We may request best and final offers if deemed necessary, and will determine the scope and subject of any best and final request. However, you should not expect that we will ask for best and finals to give you an opportunity to strengthen your proposal. Therefore, you must submit your best offer based on the terms and condition set forth in this solicitation.
Selection Criteria – The Evaluation Criteria should be listed in order of importance. If it is not listed, it cannot be used. Terms and Conditions Examples Only 52<br>
53
ADD OR DELETE PHASES AS SOLICITATION REQUIRES
Phase I – Determination of Solicitation Responsiveness
A responsive proposal is defined as a response that meets all the general mandatory requirements as outlined below: (DEFINE REQUIREMENTS TO BE CONSIDERED RESPONSIVE)
Responding Bidder Information form complete.
Certification for Competitive Bid and Contract (Non-Collusion Certification).
Supplier Contract Certification.
Amendments, if issued, are acknowledged.
Meeting all requirements outlined above allows the proposal to proceed to Phase II. Failure to meet all of the above shall result in the proposal being disqualified with no advance to Phase II.
Phase II – Evaluation of Proposal
In this phase the proposal is evaluated as outlined in Section X.
Only those proposals found to be responsive will progress to Phase III.
Phase III – Evaluation of Cost.
Cost comparison will be performed. At this point, all contractors who made it to Phase III will progress to Phase IV. Evaluation Process 53<br>
Phase I – Determination of Solicitation Responsiveness
A responsive proposal is defined as a response that meets all the general mandatory requirements as outlined below: (DEFINE REQUIREMENTS TO BE CONSIDERED RESPONSIVE)
Responding Bidder Information form complete.
Certification for Competitive Bid and Contract (Non-Collusion Certification).
Supplier Contract Certification.
Amendments, if issued, are acknowledged.
Meeting all requirements outlined above allows the proposal to proceed to Phase II. Failure to meet all of the above shall result in the proposal being disqualified with no advance to Phase II.
Phase II – Evaluation of Proposal
In this phase the proposal is evaluated as outlined in Section X.
Only those proposals found to be responsive will progress to Phase III.
Phase III – Evaluation of Cost.
Cost comparison will be performed. At this point, all contractors who made it to Phase III will progress to Phase IV. Evaluation Process 53<br>
54
Phase IV – Best Value Evaluation of Product/Services
Selection
The selection and award of contractor is based upon the total points gathered by the contractor.
The state reserves the right to negotiate with one or more contractors. OMES may negotiate any and all content of the proposal.
The state reserves the right to request a "best and final" offer from one or more contractors.
Contractors should be prepared to participate in oral presentations and demonstrations to define their solution, to introduce their team, and to respond to any and all questions regarding their solicitation response if requested by OMES prior to award. Evaluation Process (cont.) 54<br>
Selection
The selection and award of contractor is based upon the total points gathered by the contractor.
The state reserves the right to negotiate with one or more contractors. OMES may negotiate any and all content of the proposal.
The state reserves the right to request a "best and final" offer from one or more contractors.
Contractors should be prepared to participate in oral presentations and demonstrations to define their solution, to introduce their team, and to respond to any and all questions regarding their solicitation response if requested by OMES prior to award. Evaluation Process (cont.) 54<br>
55
Company Stability (this is a pass/fail assessment that should be on “best value” awards); for example:
Financial.
Litigation.
Years in business.
Credentials, such as:
Experience, certifications and references of actual employees assigned to your project.
Ability to interface with existing services/systems. Evaluation Criteria 55<br>
Financial.
Litigation.
Years in business.
Credentials, such as:
Experience, certifications and references of actual employees assigned to your project.
Ability to interface with existing services/systems. Evaluation Criteria 55<br>
56
Response to technical requirements.
Solicitation schedule (whether negotiations or interviews may take place).
Ease of use.
Pricing criteria.
Maintenance.
Warranties.
Bidder’s acceptance of terms and conditions.
Value added criteria.
Risk assessment (the process of planning, organizing, directing and controlling activities of an organization in order to minimize the adverse effects of accidental losses or contract setbacks at the least possible cost). Evaluation Criteria 56<br>
Solicitation schedule (whether negotiations or interviews may take place).
Ease of use.
Pricing criteria.
Maintenance.
Warranties.
Bidder’s acceptance of terms and conditions.
Value added criteria.
Risk assessment (the process of planning, organizing, directing and controlling activities of an organization in order to minimize the adverse effects of accidental losses or contract setbacks at the least possible cost). Evaluation Criteria 56<br>
57
Section E
Instructions to Bidder 57<br>
Instructions to Bidder 57<br>
58
Section E is where bidders will be provided instructions on procedures for submission of bid response. It includes items such as the deadline for any questions and how many copies of the proposal you wish to receive. As we go to online solicitations, you will not have to designate copies.
In this section you will want to detail what you expect to receive in the response (such as the forms, insurance and acknowledgement of any amendments to the solicitation), any required order and any information as to format or samples.
An easy way to be sure you do not have to reread the entire proposal for any exceptions to the terms and conditions is to require a signed cover letter detailing any exceptions and any other information, such as past or pending litigation. Guidelines 58<br>
In this section you will want to detail what you expect to receive in the response (such as the forms, insurance and acknowledgement of any amendments to the solicitation), any required order and any information as to format or samples.
An easy way to be sure you do not have to reread the entire proposal for any exceptions to the terms and conditions is to require a signed cover letter detailing any exceptions and any other information, such as past or pending litigation. Guidelines 58<br>
59
Instructions to Contractor
Introduction
Prospective contractors are urged to read this solicitation carefully. Failure to do so will be at the contractor’s risk. Provisions, terms and conditions may be stated or phrased differently than in previous solicitations. Irrespective of past interpretations, practices or customs, proposals will be evaluated and any resultant contract(s) will be administered in strict accordance with the plain meaning of the contents hereof. The contractor is cautioned that the requirements of this solicitation can be altered only by written amendment approved by Central Purchasing and that verbal communications from whatever source are of no effect. In no event shall the contractor’s failure to read and understand any term or condition in this solicitation constitute grounds for a claim after contract award. Failure to do so will be at the supplier’s risk.
Mandatory and Non-Mandatory Terms
Whenever the terms “shall,” “must,” “will” or “is required” are used in this RFP, the specification being referred to is a mandatory specification of this RFP. Failure to meet any mandatory specification may cause rejection of the Offeror’s Proposal.
Whenever the terms “can,” “may” or “should” are used in this RFP, the specification being referred to is a desirable item and failure to provide any item so termed will not be cause for rejection. Terms and Conditions Examples Only 59<br>
Introduction
Prospective contractors are urged to read this solicitation carefully. Failure to do so will be at the contractor’s risk. Provisions, terms and conditions may be stated or phrased differently than in previous solicitations. Irrespective of past interpretations, practices or customs, proposals will be evaluated and any resultant contract(s) will be administered in strict accordance with the plain meaning of the contents hereof. The contractor is cautioned that the requirements of this solicitation can be altered only by written amendment approved by Central Purchasing and that verbal communications from whatever source are of no effect. In no event shall the contractor’s failure to read and understand any term or condition in this solicitation constitute grounds for a claim after contract award. Failure to do so will be at the supplier’s risk.
Mandatory and Non-Mandatory Terms
Whenever the terms “shall,” “must,” “will” or “is required” are used in this RFP, the specification being referred to is a mandatory specification of this RFP. Failure to meet any mandatory specification may cause rejection of the Offeror’s Proposal.
Whenever the terms “can,” “may” or “should” are used in this RFP, the specification being referred to is a desirable item and failure to provide any item so termed will not be cause for rejection. Terms and Conditions Examples Only 59<br>
60
Preparation of Proposal
Any usage amounts specified are estimates only and are not guaranteed to be purchased. Information shall be entered on the form provided or a copy thereof.
Submission of Proposal
By submitting a proposal, contractor agrees not to make any claims damages or have any rights to damages, because of any misunderstanding or misrepresentation of the specifications or because of any misinformation or lack of information.
If a contractor fails to notify OMES of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the contractor, or an error that reasonably should have been known by the contractor, the contractor shall submit an proposal at its own risk; and if awarded the contract, the contractor shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a contractor takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response. Terms and Conditions Examples Only 60<br>
Any usage amounts specified are estimates only and are not guaranteed to be purchased. Information shall be entered on the form provided or a copy thereof.
Submission of Proposal
By submitting a proposal, contractor agrees not to make any claims damages or have any rights to damages, because of any misunderstanding or misrepresentation of the specifications or because of any misinformation or lack of information.
If a contractor fails to notify OMES of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the contractor, or an error that reasonably should have been known by the contractor, the contractor shall submit an proposal at its own risk; and if awarded the contract, the contractor shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a contractor takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response. Terms and Conditions Examples Only 60<br>
61
Completeness of proposal(s)
It is desirable that the contractor respond in a complete, but concise manner. It is the contractor’s sole responsibility to submit information in the proposals as requested by the SOLICITATION. The contractor’s failure to submit required information may cause their proposal to be rejected. However, unnecessary information should be excluded from the contractor’s proposal(s).
Copies
The contractor’s proposal(s) should be paginated and include an original document, plus XX (X) copies for a total of XX (X) documents. The documents front pages should indicate original or copy.
The contractor is to include a “machine readable” version, preferably in Microsoft WORD format, on CD or DVD, of the contractor’s response.
Note: Agreements not submitted with contractor’s response will not be considered after contract award.
Explanation to Contractors
Contractors who need clarification shall contact the Central Purchasing contracting officer shown on the RFP. Oral explanations or instructions given before proposal opening will not be binding. Any information given a contractor concerning a solicitation will be provided promptly to all other contractors as an amendment, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other contractors. Terms and Conditions Examples Only 61<br>
It is desirable that the contractor respond in a complete, but concise manner. It is the contractor’s sole responsibility to submit information in the proposals as requested by the SOLICITATION. The contractor’s failure to submit required information may cause their proposal to be rejected. However, unnecessary information should be excluded from the contractor’s proposal(s).
Copies
The contractor’s proposal(s) should be paginated and include an original document, plus XX (X) copies for a total of XX (X) documents. The documents front pages should indicate original or copy.
The contractor is to include a “machine readable” version, preferably in Microsoft WORD format, on CD or DVD, of the contractor’s response.
Note: Agreements not submitted with contractor’s response will not be considered after contract award.
Explanation to Contractors
Contractors who need clarification shall contact the Central Purchasing contracting officer shown on the RFP. Oral explanations or instructions given before proposal opening will not be binding. Any information given a contractor concerning a solicitation will be provided promptly to all other contractors as an amendment, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other contractors. Terms and Conditions Examples Only 61<br>
62
Explanation to Contractors (cont.)
Contractors who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a request for administrative review, in writing, to OMES (or bidding entity). To be considered, a request for review must be received no later than the due date and time for submission of questions. OMES shall promptly respond in writing to each written review request, and where appropriate, issue all revisions, substitutions or clarifications through a written amendment to the RFP. Requests for administrative review of technical or contractual requirements shall include the reason for the request, supported by factual information, and any proposed changes to the requirements.
When posing questions, every effort should be made to be concise and include section references, when possible.
Contractors are advised that any questions received after a specified date shall not be answered.
Cost of Preparing Proposal
All costs incurred by the contractors for proposal preparation and participation in this competitive procurement will be the sole responsibility of the contractors. The state of Oklahoma will not reimburse any contractors for any such costs. 62 Terms and Conditions Examples Only<br>
Contractors who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a request for administrative review, in writing, to OMES (or bidding entity). To be considered, a request for review must be received no later than the due date and time for submission of questions. OMES shall promptly respond in writing to each written review request, and where appropriate, issue all revisions, substitutions or clarifications through a written amendment to the RFP. Requests for administrative review of technical or contractual requirements shall include the reason for the request, supported by factual information, and any proposed changes to the requirements.
When posing questions, every effort should be made to be concise and include section references, when possible.
Contractors are advised that any questions received after a specified date shall not be answered.
Cost of Preparing Proposal
All costs incurred by the contractors for proposal preparation and participation in this competitive procurement will be the sole responsibility of the contractors. The state of Oklahoma will not reimburse any contractors for any such costs. 62 Terms and Conditions Examples Only<br>
63
Deliverables – DEFINE IN DETAIL ALL REQUIRED DELIVERABLES TO BE CONSIDERED RESPONSIVE – such as:
Line by Line response to the technical specifications listed in Section C of this Request for Proposal, indicating how each service will be performed and the timeline required for performing the services.
Completed Responding Bidder Information OMES CP Form 078.
Completed Certification for Competitive Bid and Contract OMES CP Form 004.
References – xxxx References provided must contain a contact person with full contact information (i.e., current employer, telephone number, mailing address, e-mail address and fax number).
Company Information – Bidder must provide detailed information on their company, including principals involved, number of employees, location, years in existence, a statement of financial stability, and any litigation or pending litigation for the past five years, or a statement indicating there is no litigation.
Response to Requirements as outlined in Section X and X.
Pricing (See Section H). 63 Terms and Conditions Examples Only<br>
Line by Line response to the technical specifications listed in Section C of this Request for Proposal, indicating how each service will be performed and the timeline required for performing the services.
Completed Responding Bidder Information OMES CP Form 078.
Completed Certification for Competitive Bid and Contract OMES CP Form 004.
References – xxxx References provided must contain a contact person with full contact information (i.e., current employer, telephone number, mailing address, e-mail address and fax number).
Company Information – Bidder must provide detailed information on their company, including principals involved, number of employees, location, years in existence, a statement of financial stability, and any litigation or pending litigation for the past five years, or a statement indicating there is no litigation.
Response to Requirements as outlined in Section X and X.
Pricing (See Section H). 63 Terms and Conditions Examples Only<br>
64
Deliverables – DEFINE IN DETAIL ALL REQUIRED DELIVERABLES TO BE CONSIDERED RESPONSIVE – such as (cont.):
Note: Agreements not submitted with contractor’s response will not be considered after contract award.
Note: Any software licensing, maintenance or service agreements must be submitted by the Supplier that is awarded the bid.
Note: Deliverables are to be in both hard copy and in a single machine-readable format, preferably Microsoft Word, either on CD or DVD.
Notice of Award
A notice of award in the form of a PO or contract resulting from this SOLICITATION will be furnished to the successful contractor and shall result in a binding contract. 64 Terms and Conditions Examples Only<br>
Note: Agreements not submitted with contractor’s response will not be considered after contract award.
Note: Any software licensing, maintenance or service agreements must be submitted by the Supplier that is awarded the bid.
Note: Deliverables are to be in both hard copy and in a single machine-readable format, preferably Microsoft Word, either on CD or DVD.
Notice of Award
A notice of award in the form of a PO or contract resulting from this SOLICITATION will be furnished to the successful contractor and shall result in a binding contract. 64 Terms and Conditions Examples Only<br>
65
Do an abbreviated checklist in this section if an elaborate area for submittals in section E was used. It will provide one final opportunity, giving the bidder at least one place to recheck their submittal documents. Section F Checklist 65<br>
66
Attach other information about the agency or information that might be useful to the bidder here. Section G
Other 66<br>
Other 66<br>
67
Section H
Price and Cost 67<br>
Price and Cost 67<br>
68
It is sometimes only reviewed and scored by the procurement lead.
Restate that all pricing includes travel and expenses or delivery (and pickup), where required.
You have a chance in this section to explain to the bidder how you wish them to bid the contract. For complicated pricing solicitations, it is recommended you attach a spreadsheet with the method of pricing you wish to see to make comparisons equitable.
Failure to clearly define how you want the pricing may lead to some bidders quoting by the dozen vs. a thousand; or some bidders pricing by the pound vs. the load. Guidelines 68<br>
Restate that all pricing includes travel and expenses or delivery (and pickup), where required.
You have a chance in this section to explain to the bidder how you wish them to bid the contract. For complicated pricing solicitations, it is recommended you attach a spreadsheet with the method of pricing you wish to see to make comparisons equitable.
Failure to clearly define how you want the pricing may lead to some bidders quoting by the dozen vs. a thousand; or some bidders pricing by the pound vs. the load. Guidelines 68<br>
69
In determining how to ask for pricing, review the type of acquisition being made.
A type of contract prohibited by law when federal funds are involved is called a Cost Plus Percentage Cost contract.
A type of contract used for part-time help or a tradesman is usually an Hourly Rate contract.
A contract type appropriately used for research and development, or to retain consultants, is called a Fixed Price contract.
The contract type used to encourage contractors to carefully manage performance for reduced cost is a Fixed Price Incentive contract. Guidelines 69<br>
A type of contract prohibited by law when federal funds are involved is called a Cost Plus Percentage Cost contract.
A type of contract used for part-time help or a tradesman is usually an Hourly Rate contract.
A contract type appropriately used for research and development, or to retain consultants, is called a Fixed Price contract.
The contract type used to encourage contractors to carefully manage performance for reduced cost is a Fixed Price Incentive contract. Guidelines 69<br>
70
CONTINUE TO MODULE #10 70<br>