STATEMENT OF WORK FOOD TRUCK EVENT ORGANIZER IFB#

Transcription

1 STATEMENT OF WORK FOOD TRUCK EVENT ORGANIZER IFB# A. CONTRACT SCOPE: The Commonwealth of Pennsylvania, Department of General Services (DGS), is issuing this Invitation for Bid (IFB) to obtain the services of an experienced Food Truck Event Organizer. The Event Organizer will plan large events of various food trucks within the lunch hours and/or outside the lunch hours at locations including: The Capitol Complex; DGS Annex; other State Office Buildings; the Governor s residence and the overflow parking lot for the Governor s residence located at 2100 North Second Street, Harrisburg, Pennsylvania; and other locations as mutually agreed by DGS, the Office of Administration, the Next Generation Task Force and the Contractor. This Contract will offer Commonwealth employees and citizens of Harrisburg the option to purchase lunch from these food trucks as a convenient and creative alternative to current lunch options. B. METHOD OF AWARD: This will be a single award Contract. The Commonwealth will award a Contract to the responsive and responsible bidder offering the lowest Food Truck Event Organizer Commission Fee Percentage. This Contract will be at NO COST to the Commonwealth. C. PRICING: Bidders must provide in Attachment A, Cost Submittal Sheet, the Commission Fee Percentage which will be collected from the food truck vendors participating in planned events. Failure by a bidder to meet this requirement will result in their bid being deemed non-responsive. D. BACKGROUND: Food trucks gained popularity over the past few years as a fast and convenient way for individuals to purchase their meals. While food trucks first targeted business professionals in larger metropolitan areas, they have expanded their popularity to smaller cities, and Harrisburg, PA continues to see a growing number of licensed food truck professionals in the area. Trucks will be allowed to park during lunch hours on Commonwealth Avenue, Harrisburg, PA within Soldiers Grove. By offering state government property as a parking location for the food trucks the state will provide employees in Harrisburg with a convenient and new lunch alternative. This Contract will also allow for the opportunity to engage local community organizations and use its public spaces in creative ways which are on par with changing trends. The Event Organizer will help facilitate this process. E. ELIGIBILITY REQUIREMENTS: To be eligible for this Contract bidders must meet the following requirements: 1. Only DGS Self-Certified Small Businesses are Eligible for Award: The Department of General Services has set aside this contract for the Small Business Procurement Initiative (SBPI) to provide DGS self-certified small businesses with opportunities to compete against other DGS self-certified small businesses for commonwealth agency and DGS statewide contracts. Only DGS self-certified small businesses are eligible to submit a bid, and the selected small business must perform at least fifty percent (50%) of the total contract value. The small business requirements and certification process can be found on the following site: Certification and participation in DGS SBPI are race and gender neutral. However, because all small diverse businesses must first self-certify as small businesses, entities possessing a DGS small diverse business verification are also eligible to submit a bid.

2 To be eligible for award, a bidder must submit a copy of its Small Business Self- Certification or Small Diverse Business Verification with its bid. Eligibility requirements and directions for becoming a DGS self-certified small business are available at the following site: 2. CAPITOL POLICE: In the event Capitol Police are required, the Contractor agrees to reimburse the Commonwealth for the overtime salary cost for one (1) Capitol Police Officer to be assigned to the food truck events to facilitate with traffic control, security, and crowd control at the rate of $65 per hour up to a maximum of three (3) hours per food truck event. DGS will invoice the Contractor within seven (7) calendar days of the event and the Contractor must remit payment to the Commonwealth s office of Comptroller Operations within thirty (30) days of the date of the invoice. F. SERVICE REQUIREMENTS: The awarded Contractor will be required to perform the duties as defined below: 1. Events should be planned to occur, at a minimum, monthly from April through October; 2. Determine the number and variety of food trucks necessary for a successful event; 3. Contact food truck vendors and become the point of contact for the trucks before, during and after the event; 4. Ensure that all vendors have acceptable health and vending licenses and insurance required by the City of Harrisburg and the PA Department of Agriculture; 5. Adhere to the PA Capitol s rules and regulations as identified in Chapter 86 of the PA Code; 6. Schedule events in coordination with the Capitol Special Events Office; 7. Coordinate with the Capitol Police to facilitate all traffic control and security requirements; 8. Coordinate with marketing and PR colleagues to promote the events, including, but not limited to: The Office of Administration, the Next Generation Task Force, and external partners; 9. Work with designated individuals at the Department of General Services to coordinate the set up and dismantling of tables, chairs, and appropriate trash receptacles clearing the venue efficiently; 10. Coordinate suppliers, handle client inquiries and troubleshoot on the day of the event to ensure that all runs smoothly; 11. Coordinate and monitor event timelines and ensure deadlines are met; and 12. Provide post-event evaluation reports and analysis to the Contracting Officer and the Next Generation Task Force. Analysis should include event summaries that provide a 2

3 breakdown of sales made and customers served per food truck; see Reports Section for more details. Report data may determine the possibility of future food truck events. G. REPORTS: Following each event, Contractor will be required to provide a report. These reports at a minimum will be required to include: Event date, event location, itemized list of food trucks attending, number of customers served, total sales by food truck; and Contractor, computed commission. H. ADDITION OF SERVICES: In the event DGS determines additional service(s) should be added which are within the scope of service, the following procedures will be followed. DGS will contact the awarded Contractor and give them the opportunity to provide the service(s). The awarded Contractor will submit pricing for the new service(s), if applicable. DGS will review the pricing and determine if it is fair and reasonable. If the pricing is deemed fair and reasonable, a change will be made to the Contract adding the service(s). At no point is the Contractor allowed to unilaterally change services or pricing. I. POST AWARD ADMINISTRATION: The Contractor s performance shall be monitored and evaluated in accordance with the requirements outlined in the Contract. At a minimum, the Contractor s performance shall be evaluated on an annual basis. Contractor may be required to attend Contract Performance Review meetings. These meetings will be for the purpose of providing Contractor performance reviews, discussion of issues either party may have concerning the Contract or to evaluate the overall progress of the Contract. The meetings will be held quarterly, semi-annually or annually at the discretion of the Department of General Services, or upon special request of the using agencies. J. DOCUMENT(S) TO BE ATTACHED: You may refer to the SRM Bidding Reference Guide on the Supplier Portal at for details on attaching documents to your bid and bidding instructions. The following document(s) must be attached with your bid response: 1. Attachment A, Cost Submittal Sheet. 2. Iran Free Procurement Certification Form. 3. Small Business Certification or Small Diverse Business Verification. K. UPDATE TO TERMS AND CONDITIONS: 1. In accordance with Management Directive Amended Contract Compliance (August 2, 2018), Paragraph V.33 CONTRACT Nondiscrimination/Sexual Harassment Clause (March 2015) is deleted in its entirety and replaced with the following: V.33-Contract NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE (August 2018). The Contractor agrees: a. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the contract or any subcontract, the Contractor, each subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against any citizen of this 3

4 Commonwealth who is qualified and available to perform the work to which the employment relates. b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract. c. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the contract. d. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts enforcement, and shall comply with any provision of law establishing organizations as employees exclusive representatives. e. The Contractor and each subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contracted services are performed shall satisfy this requirement for employees with an established work site. f. The Contractor and each subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subcontractor or supplier who is qualified to perform the work to which the contract relates. g. The Contractor and each subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws, regulations and policies relating to nondiscrimination and sexual harassment. The Contractor and each subcontractor further represents that it has filed a Standard Form 100 Employer Information Report ( EEO-1 ) with the U.S. Equal Employment Opportunity Commission ( EEOC ) and shall file an annual EEO-1 report with the EEOC as required for employers subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Contractor and each subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the contracting agency and the Bureau of Diversity, Inclusion and Small 4

5 Business Opportunities for purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause. h. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that those provisions applicable to subcontractors will be binding upon each subcontractor. i. The Contractor s and each subcontractor s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor and each subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the contract, it becomes aware of any actions or occurrences that would result in violation of these provisions. j. The Commonwealth may cancel or terminate the contract and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File. 2. In accordance with Executive Order (EO) Amended, Minimum Wage for Employees of the Commonwealth and of Organizations Receiving State Contracts (June 28, 2018), Paragraph V.48 CONTRACT Enhanced Minimum Wage Provisions (July 2016) is deleted in its entirety and replaced with the following: V.48 CONTRACT Enhanced Minimum Wage Provisions (July 2018): a. Enhanced Minimum Wage. Contractor/Lessor agrees to pay no less than $12.00 per hour to its employees for all hours worked directly performing the services called for in this Contract/Lease, and for an employee s hours performing ancillary services necessary for the performance of the contracted services or lease when such employee spends at least twenty per cent (20%) of their time performing ancillary services in a given work week. b. Adjustment. Beginning July 1, 2019, and annually thereafter, the minimum wage rate shall be increased by $0.50 until July 1, 2024, when the minimum wage reaches $ Thereafter, the minimum wage rate would be increased by an annual costof-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland. The applicable adjusted amount shall be published in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1. c. Exceptions. These Enhanced Minimum Wage Provisions shall not apply to employees: i. exempt from the minimum wage under the Minimum Wage Act of 1968; ii. covered by a collective bargaining agreement; iii. required to be paid a higher wage under another state or federal law governing the services, including the Prevailing Wage Act and Davis-Bacon Act; or iv. required to be paid a higher wage under any state or local policy or ordinance. 5

6 d. Notice. Contractor/Lessor shall post these Enhanced Minimum Wage Provisions for the entire period of the contract conspicuously in easily-accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed. e. Records. Contractor/Lessor must maintain and, upon request and within the time periods requested by the Commonwealth, furnish all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions. f. Sanctions. Failure to comply with these Enhanced Minimum Wage Provisions may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the Office of General Counsel for appropriate civil or criminal referral. g. Subcontractors. Contractor/Lessor shall include the provisions of these Enhanced Minimum Wage Provisions in every subcontract so that these provisions will be binding upon each subcontractor. L. CONTRACTING OFFICE: This Contract is administered by the Commonwealth of Pennsylvania, Department of General Services, Bureau of Procurement. All inquiries should be referred to: Nicole Moyer, Contracting Officer Department of General Services Bureau of Procurement 6 th Floor, 555 Walnut Street Harrisburg, PA Telephone: (717) Facsimile: (717) nicomoyer@pa.gov 6