CONFIRMATION FORM FOR REQUEST FOR PROPOSALS NO

Transcription

1 CONFIRMATION FORM FOR REQUEST FOR PROPOSALS NO PURCHASING REPRESENTATIVE: CHARLES CHEATHAM If you are interested in this project, complete and this confirmation form to the address provided at the bottom of this page. Failure to submit a confirmation form signifies that you are not interested in this project and do not want any associated addenda information or other project notifications ed to you. PROPONENT ACKNOWLEDGES RECEIVING THE FOLLOWING PROJECT DOCUMENT: REQUEST FOR PROPOSALS NO SUPPLIER MUST COMPLETE THE FOLLOWING INFORMATION: Consultant Name: Consultant Address: City / State / Zip: Contact Name / Title: Area Code/Telephone Number: Area Code/Fax Number: Address: THE COMPLETED CONFIRMATION FORM TO: cheathamc@rtcsnv.com 1

2 REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA REQUEST FOR PROPOSALS NO November 5,

3 Table of Contents CONFIRMATION FORM... 1 PROJECT SUMMARY... 4 SCHEDULE OF EVENTS*... 4 SECTION I - PROJECT OVERVIEW... 5 SECTION II - DEFINITIONS... 5 SECTION III - INSTRUCTIONS TO PROSPECTIVE PROPONENTS... 6 SECTION IV - GENERAL INFORMATION ATTACHMENT 1 - PROPOSAL SUBMITTAL LABELING INSTRUCTIONS ATTACHMENT 2 SAMPLE CONTRACT EXHIBIT A SCOPE OF SERVICES EXHIBIT B - PRICES/COSTS/DELIVERABLES SCHEDULE EXHIBIT C - INSURANCE REQUIREMENTS EXHIBIT D INSURANCE SOLE PROPRIETOR AFFIDAVIT ATTACHMENT 3 DRAFT SCOPE OF SERVICES

4 REQUEST FOR PROPOSALS (RFP) RFP NO SCOPE: It is the intent of this formal Request for Proposals (RFP) to receive proposals from qualified Prospective Proponents for RFP to select a qualified consultant to act as the Program Management Consultant (PMC) to support the operation of the RTC s Information Technology (IT) division. The PMC will support RTC staff in all program management functions necessary to ensure that the RTC IT projects are completed on time and within budget. FEDERAL FUNDS: This Project is not funded in whole or in part by federal funds. SOLICITATION DOCUMENTS: Visit the RTC website at to locate the project number in the list of current solicitations. PRE-PROPOSAL CONFERENCE: This conference will be held on the date and time and in the room specified in the Schedule of Events. PROPOSAL DUE DATE: Requests for Proposals will be accepted at the Regional Transportation Commission of Southern Nevada (RTC), 600 South Grand Central Parkway, 1 st Floor receptionist, Las Vegas, Nevada , on or before the submission deadline specified in the Schedule of Events. DESIGNATED CONTACTS: The designated RTC Purchasing Representative for questions pertaining to this RFP is Charles Cheatham, , cheathamc@rtcsnv.com. The Contract Technical Representative will be selected after award of the Contract. SCHEDULE OF EVENTS* Request for Proposals Issued: Thursday, November 5, 2015 Pre-Proposal Conference: Tuesday, November 10, 2015 at 2:00 p.m. Last day for submitting written questions: Tuesday, November 17, 2015 (via ) RTC s Issuance of Addendum or Q&A: Thursday, November 19, 2015 Submission deadline: WEDNESDAY, NOVEMBER 25, 2015 at 3:00 p.m. Interviews (tentatively scheduled for): Tuesday, December 08, 2015 Expected Award Date: Thursday, January 14, 2016 * The RTC reserves the right to modify the above dates by addendum or other written notice to the parties. REQUEST FOR PROPOSALS PUBLISHED: Las Vegas Review Journal on 11/6/15 4

5 SECTION I - PROJECT OVERVIEW A. The RTC is a political subdivision of the State of Nevada, with responsibilities that include the operation of fixed route and paratransit services in the Las Vegas Valley. The RTC purchasing procedures are governed by the Nevada statutes and by various federal statutes and regulations, as administered by the Federal Transit Administration. These require, among other things, that purchases be made according to approved plans and specifications, which become a part of any contract between the RTC and a Consultant under this Request for Proposals. B. The primary objective of this Contract is to have a qualified consultant act as the Program Management Consultant (PMC) to support the operation of the RTC s Information Technology (IT) division. The PMC will support RTC staff in all program management functions necessary to ensure that the RTC IT projects are completed on time and within budget. PMC personnel will be available to the RTC based on specific work authorizations dictated by the amount of work required. RTC staff will be responsible for implementing all policy decisions made by the RTC Board of Commissioners regarding the implementation of all RTC projects. The PMC will establish a project organization to perform the IT services, and shall provide project staff in numbers, specialties and classifications and for such durations and at such locations as may be necessary for the performance of these services. The PMC shall recruit, mobilize and demobilize project personnel as required. C. The initial performance period will be from Notice to Proceed to JUNE 30, 2018 with two (2) one-year extension options. D. A sample of the RTC s Standard Contract and its exhibits/attachments is attached to this RFP (Attachment 2). Any proposed modifications to the terms and conditions of the Sample Contract are subject to review and approval by the RTC General Counsel. The draft Scope of Services is set forth as attached in Attachment 3. Should a proposal be selected for award, any resultant Contract is expected to contain substantially the same terms and conditions set forth in the Sample Contract and its exhibits/attachments. Prospective Proponents are advised to read thoroughly the Sample Contract as the Consultant will be required to comply with its requirements. If a Proponent takes exception to any term or condition set forth in this proposal and/or the Sample Contract and any of its exhibits/attachments, said exceptions must be clearly identified in the Proponent s proposal, TAB Exceptions to the RFP or Sample Contract. Such exceptions will be considered in the evaluation and award processes. The RTC will be the sole determiner of the acceptability of any exception. Use of the words contract or agreement in this RFP does not imply any obligation on the part of the RTC to enter into a Contract. SECTION II - DEFINITIONS As used throughout these documents, the following definitions shall apply: A. Addendum means a written revision to this solicitation document, issued to all Prospective Proponents. 5

6 B. Consultant means an individual, partnership or corporation that is responsible for the performance of services under the contract awarded by the Commission or its authorized representative. C. Contract means an individual, partnership or corporation that is responsible for the performance of services under the contract awarded by the Commission or its authorized representative. D. Deliverable means any report, software, hardware, data, documentation or other tangible item that the Consultant is required to provide the RTC under the terms of the Contract. E. Proponent means an individual or Consultant that submits a proposal in response to this RFP. F. Prospective Proponent means an individual or Consultant who has received a copy of the RFP. G. Purchasing Representative means the individual designated in this RFP as the person to whom all inquiries should be addressed to beginning with the issuance of the RFP and ending with an award of a contract or the completion of the RFP if no Contract is awarded. H. RTC means the RTC s Governing Body or its authorized representative. SECTION III - INSTRUCTIONS TO PROSPECTIVE PROPONENTS A. GENERAL 1. Intent to Propose Prospective Proponents are requested to the designated RTC Purchasing Representative, of their intent to propose, including their telephone number, at least 24 hours in advance of the proposal deadline date and time. 2. Pre-Proposal Conference The Pre-Proposal Conference will be held at the location, date, and time specified on the RFP Project Summary page. 3. Addenda and Clarifications Requests for clarification or modification of this RFP are to be submitted in writing by e- mail to the Purchasing Representative, by the last day referenced in the Schedule of Events in the RFP. Questions received after this date have no guarantee of review. A Consultant may submit to the RTC requests for interpretations or clarifications to this RFP or any addendum thereto. RTC Purchasing & Contracts must receive any such request in writing by the date and time specified on the RFP Project Summary page. All requests must be accompanied by all relevant information supporting the request for modification, interpretation, or clarification of this RFP. If it becomes necessary to revise any part of 6

7 this RFP, a written addendum will be provided to all known Prospective Proponents by RTC Purchasing & Contracts. The Prospective Proponents shall be responsible to verify the number of addenda issued by the RTC before the due date and time to ascertain they have received all the addenda issued on the solicitation. Prospective Proponents shall acknowledge receipt of addenda by written notice thereof to the RTC at the time they submit their proposal. If such addenda require a change(s) in the services, the proposal submission deadline may be postponed in order for prospective Companies to revise proposals. The RTC will determine if a postponement is necessary and the number of days to postpone the proposal submission deadline. The RTC is not bound by any revisions to this RFP by RTC s staff, unless such revision or clarification is provided to Prospective Proponents in writing in the form of an addendum from the Purchasing Representative. 4. Designated Contact Prospective Proponents shall initiate all contact with the RTC through the designated Purchasing Representative during the period beginning with the issuance of the RFP and ending with the award of any Contract or the completion of this RFP. This will insure that all issues are appropriately coordinated and that all Prospective Proponents are afforded equal treatment. Communication between the Prospective Proponents and any nondesignated RTC contact regarding the selection of a Proponent is prohibited from the time the RFP is advertised until a resulting contract is recommended for award. Failure of a Proponent or any of its representatives to comply with this paragraph may result in its proposal being rejected. Prospective Proponents should thoroughly review the RFP and submit written questions by to the designated Purchasing Representative no later than close of business on the day designated on the RFP Project Summary page. The RTC will distribute responses to questions by RFP Addendum to all Prospective Proponents who have requested a RFP from the RTC. 5. Proposal Due Date Proposals must be submitted no later than the date and time indicated on the RFP Project Summary page. Late proposals will be returned to the Proponent. 6. Proposal Submittal Labeling Instructions Prospective Proponents must follow the proposal submittal labeling instructions specified in Attachment 1. No responsibility will attach to either the RTC, or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open of a proposal not properly labeled and identified. Prospective Proponents will be wholly responsible for the timely delivery of submitted proposals. Faxed and/or ed proposals are not allowed and will not be considered. 7. Proposal Format Proposals must be submitted in the exact format specified below in Subsection B (Proposal Format). Failure to follow the format instructions may result in a negative evaluation of the Proponent s proposal. 8. Proposal Costs The RTC shall not be liable for any costs associated with the submission of a proposal, 7

8 including but not limited to negotiation, interview and pre-contract expenses incurred by Prospective Proponents in the preparation of their proposals. Prospective Proponents shall not include any such expenses as part of their proposals. 9. Proposal Offers Offers must be valid for a minimum of 90 calendar days. B. PROPOSAL FORMAT Prospective Proponents are required to comply with the following: 1. Proposals must be submitted on 8 ½" x 11" paper, using a simple method of fastening. The proposals should be typed single space portrait with size 12 font. Lengthy narrative is discouraged, and presentations should be brief and concise. The original submitted proposal should not exceed 30 single-sided pages and should be sectioned pursuant to the headings indicated herein. Other attachments may be included after the first 30 pages, but any additional pages have no guarantee of review. Copies of the original proposal should be prepared double-sided. Tabbed dividers are not considered in the page count. 2. Proposals must not include advertising materials or brochures. 3. Proposals will include one original, five copies and one flash drive in pdf format of the Consultant s proposal. The original must be unbound, have no holes punched in the pages, and be suitable for processing through a copying machine without causing a paper jam. Colored paper may be used in the original proposal in place of the tabbed dividers. C. PROPOSAL REQUIREMENTS AND CONTENT Qualifications and information that must be submitted in response to this RFP are pursuant to requirements specified in Attachment A, Scope of Services. A Proponent may place a proprietary legend on those pages containing confidential financial information, with the understanding that any claim for confidentiality is subject to legal review for applicability to the Nevada Public Records Statute as described in Section E below, and such legends may be voided. 1. TAB-1 Cover Letter A letter of transmittal signed by an authorized representative of the Consultant and addressed to the designated RTC Purchasing Representative, Regional Transportation Commission of Southern Nevada, 600 S. Grand Central Parkway, Las Vegas, Nevada 89106, and at a minimum must contain the following: a. Identification of the offering Consultant, including name, address, Tax ID number, telephone and fax number of each Consultant; b. Proposed working relationship among offering Consultants (e.g., primesubcontractor), if applicable; 8

9 c. Acknowledgment of receipt of RFP addenda, if any; d. Name, title, address, telephone and fax number and address of contact person during period of proposal evaluation; e. A statement to the effect that the proposal shall remain valid for a period of not less than 90 calendar days from the date of submittal; f. Copy of current business license; g. Signature of a person authorized to bind the offering Consultant to the terms of the proposal; and h. Information must be included in the order requested with tabbed dividers as indicated in the following sections (original may use colored paper instead of tabbed dividers). 2. TAB-2 Proposed Exceptions and Deviations to RFP and/or Sample Contract In this section list any exceptions taken to the RFP or to the attached Sample Contract (Attachment 2). It is intended that any resultant contract awarded to contain substantially the same terms and conditions set forth in the Sample Contract (Attachment 2). 3. TAB-3 Professional Qualifications, Knowledge and Experience 70 % Proponents shall demonstrate experience and a verifiable record of success in providing the services outlined in Attachment A, Scope of Services, and the availability of appropriate technical support for the duration of the Contract. The Proponent shall be experienced in providing such services or similar services. Listed below are the qualifications and information that must be submitted in response to this RFP: 1) Experience: Provide a profile of the firm including types of services offered, the year founded, form of organization (corporation, partnership, sole proprietorship), a brief resume of at least three (3) similar contracts within the last five (5) years that the firm has performed with at least three (3) references stating contact name and telephone number. For each of the contracts cited, indicate the relevant team members, type of services provided, project characteristics, when it was completed and the status of its implementation. Also, provide resume information on the key principals and employees who will be directly involved in this contract. Specifically, this will involve a review of the evidence that the Proponent can provide: (1) experience in program management services for other agencies with Information Technology services of comparable scope and complexity (2) experience in providing Information Technology solutions and services that are relative to the transportation planning and public transit industries. 2) Credentials: Proponents shall establish the qualifications of the proposed consultant team in terms of education, experience, and professional credentials. Staff includes key 9

10 members of the Respondents Firm and any affiliated firms, their specific role or duties, and the year in which they worked on projects cited in their qualifications or resumes. Only projects completed in the last five (5) years should be provided. 3) Staffing: Proponents shall demonstrate the quality of the technical capabilities and specialized knowledge of the consultant team to perform the Scope of Services, and the ability to deliver the work required in a proficient manner. The number of appropriate professionals and support staff to be assigned under the general areas identified in the Scope of Services and to the extent proposed for the duration of this Agreement acknowledging that no person designated as "key" to the Agreement shall be removed or replaced without written concurrence of the RTC. Identify key personnel proposed to work in various tasks, and include major areas of sub-consultant work, if any. Proponents should also demonstrate a firm commitment that their proposed project manager and key personnel will be available to work on this Project and estimate the percentage and kinds of work to be accomplished by the Proponent with staff presently residing locally. 4) Workload/Timeliness: Indicate the firm's capability to accomplish current projects and the Scope of Services in this RFQ with its current work force, and their ability to be responsive to the RTC s schedule once Task Orders are identified. The firm should also indicate past projects accomplished within schedule to substantiate the firm's ability to adhere to approved schedules and completion dates. 4. TAB-4 Effective Utilization of Budget Dollars 10% The Proponents would demonstrate their knowledge and experience related to the scope of services of this RFP with specific focus on their competitiveness of agency/firm s proposed billing arrangement, fee schedule, and commission structure. Include the UTILIZATION / FEE / LOCATION MATRIX under this TAB. 5. TAB-5 Interviews 20% Provide an opportunity for the RTC Evaluation Committee to pose questions to the Proponent s local Key Personnel to expand or clarify information presented in the proposals. The RTC reserves the right to only invite the highest ranked firm(s) for an interview. 6. TAB-6 Appendices Information considered by the Proponent to be pertinent to this Project, which has not been specifically solicited in any of the aforementioned sections, may be placed in a separate appendix section. Prospective Proponents are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief. D. EVALUATION CRITERIA Work Plan, Qualifications and Experience of Consultant, Qualification and Experience of Team/Key Personnel, Effective Utilization of Budget Dollars and the Interview are measurements that will be used as a guideline for scoring the proposals submitted in response to this RFP. Evaluators will use the scores to rank each Consultant in order of preference with 10

11 one being the highest ranked and no ties allowed. TAB-3 Professional Qualifications, Knowledge and Experience - 70% TAB-4 Effective Utilization of Budget Dollars 10% TAB-5 Interviews 20% The compiled rankings will be used to identify the highest ranked Consultant. In the case of a tie, the evaluation scores will be totaled and averaged with the highest and lowest scores of each Consultant excluded. E. EVALUATION PROCEDURE AND AWARD 1. This Request for Proposals (RFP) is subject to the restrictions set forth in NRS 332, which address the conduct of evaluators and Prospective Proponents, as well as the protection of information associated with the RFP process. Prospective Proponents may review the pertinent statutes (NRS , NRS , NRS , NRS , NRS ) at: The RTC is a public commission as defined by state law, and as such, it is subject to the Nevada Public Records Law (Chapter 239 of the Nevada Revised Statutes). Under that law, all of the RTC's records are public records (unless otherwise declared by law to be confidential) and are subject to inspection and copying by any person. However, in accordance with NRS (2), a proposal that requires negotiation or evaluation by the RTC may not be disclosed until the proposal is recommended for award of a contract. Prospective Proponents are advised that once a proposal is received by the RTC, its contents will become a public record, and nothing contained in the proposal will be deemed to be confidential except proprietary information. Prospective Proponents shall not include any information in their proposal that is proprietary in nature or that they would not want to be released to the public. Proposals must contain sufficient information to be evaluated. 2. If Prospective Proponents feel that they cannot submit their proposal without including proprietary information, they must adhere to the following procedure or their proposal may be deemed unresponsive and will not be recommended to the RTC s Governing Body for selection. a. Prospective Proponents must submit such information in a separate, sealed envelope labeled "Proprietary Information" with the RFP number. The envelope must contain a letter from the Proponent s legal counsel describing the documents in the envelope, representing in good faith that the information in each document meets the narrow definitions of proprietary information set forth in NRS , and NRS Chapter 600A, and briefly stating the reasons that each document meets the said definitions. b. The RTC, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Prospective Proponent s disclosure as 11

12 confidential where the information has been marked confidential or proprietary by the Prospective Proponent. To the extent permitted by the law and regulation, such information will not be released by the RTC to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Prospective Proponent. c. Upon receipt of a proposal accompanied by such a separate, sealed envelope, the RTC will open the envelope to determine whether the procedure described above has been followed. d. Any information submitted pursuant to the above procedure will be used by the RTC only for the purposes of evaluating proposals and conducting negotiations and might never be used at all. e. If a lawsuit or other court action is initiated to obtain proprietary information, a Proponent who submits the proprietary information according to the above procedure must have legal counsel intervene in the court action and defend the secrecy of the information, at its own cost. Failure to do so shall be deemed Proponent s consent to the disclosure of the information by the RTC, Proponent s waiver of claims for wrongful disclosure by RTC, and Proponent s covenant not to sue Owner for such a disclosure. f. Proponent also agrees to fully indemnify the RTC if the RTC is assessed any fine, judgment, court cost or attorney s fees as a result of a challenge to the designation of information as proprietary. 3. The NRS definition of evaluator extends beyond individuals actually reviewing proposals. NRS provides the following definition: Evaluator means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in (i) the evaluation of bids [proposals], (ii) negotiations concerning purchasing by a local government, or (iii) the review or approval of the award, modification or extension of a contract. 4. A committee will conduct an evaluation of timely received proposals. Proposal evaluator musts certify that they have read NRS Chapter 332 restrictions on evaluators and Proponents (Prospective Proponents), that they will abide by the restrictions during and after the evaluation and that they have no direct or indirect personal interest in the award of any potential contract. Violations will result in penalties or prosecution in accordance with NRS Chapter NRS prohibits Proponents (Prospective Proponents) from: (i) making certain offers of employment or business opportunities to an evaluator or member of the governing body, (ii) offering money, a gratuity, or other thing of value to an evaluator or member of the governing body, and (iii) soliciting or obtaining any proprietary information regarding the contract from an officer, employee, or member of the governing body. Violations will result in penalties or prosecution in accordance with NRS Chapter 12

13 Pursuant to , evidence of collusion among Prospective Proponents and Prospective Proponents acting to illegally restrain freedom of competition by Contract to bid a fixed price, or otherwise, shall render the offers of such Prospective Proponents void. 7. Advance disclosure of any information to any Prospective Proponent which would give that Prospective Proponent any advantage over any other Prospective Proponent would operate to void all proposals received in response to the RFP. 8. All proposals received as specified will be evaluated in accordance with the evaluation criteria specified. The RTC is under no obligation to award a contract(s) for these services. Issuance of the RFP and receipt of proposals does not commit the RTC to award a contract and it reserves the right to reject any and all proposals received. The RTC reserves the right to postpone opening for its own convenience, to negotiate with more than one Proponent simultaneously or to cancel all or part of this RFP. 9. Proposals will first be reviewed for responsiveness to determine if the RFP minimum requirements have been met. The RTC may discontinue the evaluation of any proposal which is unacceptable because it does not represent a reasonable initial effort to address the essential requirements of the RFP or clearly demonstrates that the Proponent does not understand the requirements of the RFP. 10. A potential award would be based on a review and evaluation of the submitted proposals, and award would be made to the responsive and responsible Proponent(s) whose proposal(s) is most advantageous to the RTC, price, quality and other factors considered. The RTC may award a contract, with or without further discussions, to one or more Prospective Proponents. Should negotiations with the highest ranked Proponent be terminated, the RTC may negotiate with the next highest ranked Proponent. 11. The RTC reserves the right to conduct interviews/presentations with any or all Prospective Proponents, including demonstrations of proposed technology. The evaluation team may select from the pool of Prospective Proponents a group of final Prospective Proponents to give a presentation in Las Vegas and/or may request further information from Prospective Proponents. Failure to provide information or a presentation may eliminate a Proponent from further consideration. All costs associated with providing a presentation shall be the responsibility of the Proponent. Presentations may be done by teleconference with prior approval. Companies invited for interviews/presentations will be notified of their appointment at least three calendar days prior to their scheduled date/time. Following interviews/presentations (if applicable), evaluators will submit their rankings, scoring and notes on each of the Companies and participate in a post-evaluation conference to discuss the selections. The RTC reserves the right to consider any other factors when evaluating proposals, when such consideration serves the goals and interests of the RTC. 12. After the proposals have been reviewed and evaluated, the highest ranked Consultant(s) will be presented to the RTC Commission for approval of the selection. The selected Consultant(s) will work with the RTC to develop a detailed Scope of Services, Exhibit 13

14 A of the Contract, in order to negotiate a final Contract. The final Contract(s) will be presented to the Commission for its approval. The ultimate decision will be the responsibility of the Commission. If a Contract cannot be reached with the selected Consultant prior to the RTC Commission meeting, the RTC may negotiate with the next ranked Consultant. F. SAMPLE CONTRACT It is the intent of the RTC to use the proposed Sample Contract (Attachment 2) of this RFP and its corresponding exhibits/attachments. In the event that some Prospective Proponents may take exception to certain terms and conditions of the proposed Sample Contract, they must specify the nature and exact content of such exceptions to the proposed Contract. If a Proponent's contractual exceptions are determined by RTC's General Counsel to be outside the scope of reasonable and allowable compromise, the RFP may be rejected. As a rule of thumb, exceptions will not be allowed which (a) change the overall intent of the contract, (b) violate applicable professional services solicitation statutes and policies or (c) give an unfair or prejudicial advantage to a Proponent. Failure to reach agreement on a contractual document will serve as justification to reject a proposal and to award the Contract to another Proponent. SECTION IV - GENERAL INFORMATION A. RFP WITHDRAWAL The RTC reserves the right to withdraw this RFP at any time without prior notice and makes no representations that any Contract will be awarded to any Proponent responding to this RFP. The RTC expressly reserves the right to postpone proposal opening for its own convenience, to waive any informality or irregularity in the proposals received and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. B. JOINT OFFERS Where two or more Prospective Proponents desire to submit a single proposal in response to this RFP, they should do so on a prime-subconsultant basis rather than as a joint venture. C. EXAMINATION OF SOLICITATION DOCUMENTS By submitting a Proposal, the Proponent represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the objectives of the RTC. D. INSURANCE The Consultant, at its own expense, shall obtain and maintain, for the duration of the Contract, insurance against claims for injuries to persons, damages to property, or other losses which may arise from or in connection with the Consultant s negligence or fault in the performance of the work hereunder by the Consultant, its agent, representatives, employees or subcontractors of any tier. Refer to the insurance requirements as found in Attachment 2, Sample Contract. 14

15 E. DISCLAIMER OF LIABILITY The RTC will not hold harmless or indemnify the Proponent for any liability whatsoever. F. ANTI-LOBBYING No person or entity submitting in response to this RFP, nor any officer, employee, representative, agent, or Proponent representing such a person (or entity), shall contact through any means or engage in any discussion concerning the selection of a successful Proponent or award of the Contract with any member of the governing body of the RTC or his or her personal staff during the period beginning on the date of proposal submission deadline and ending on the date of selection of the Consultant. Such contact shall be grounds for disqualification of the Proponent. During the period beginning on the date of the issuance of the RFP and ending on the date of selection of a Consultant, any contact with the RTC staff by a Proponent should be limited to the written addenda and clarifications process described in Section III.A.3. Prospective Proponents are not precluded from raising questions or points of clarification verbally with the designated RTC representative, but any verbal responses received are not binding on the RTC and do not operate to clarify or amend the RFP. As specified in Section III.A.3, any such addenda or clarification must be in writing and issued by RTC Purchasing. At no time may any Proponent have any communication with a member of the evaluation committee. G. COMPLIANCE WITH LAWS AND PERMITS The Consultant selected from the RFP shall give all notices and comply with all existing and future federal, state, and local laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the contract resulting from this RFP. H. CONFLICT OF INTEREST No employee, officer or agent of the RTC shall participate in the selection or in the award or administration of the Contract if a conflict of interest, real or perceived, would be involved. Such a conflict would arise when one of the following has a financial or other interest in any Consultant proposing on or selected for the award: 1. The employee or an officer or agent of the employee; 2. Any member of the employee s immediate family; 3. The employee s business partner; or 4. An organization which employs, or is about to employ, any of the above. The RTC s officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from consultants, potential consultants, subcontractors, or other parties to sub-agreements whereby the intent could reasonably be inferred as influencing the employee in the performance of his or her duties or was intended as a reward for any official act on his or her part. I. PROTESTS Any Prospective Proponent may protest to the RTC the proposed award of a contract by the 15

16 RTC Commission provided the Prospective Proponent complies with the procedure set forth below. The RTC Commission will not consider any appeal unless the Prospective Proponent complies with this procedure. In order for a protest to be considered by the RTC it must be submitted by a Prospective Proponent in accordance with the procedures set forth herein. A protest which is submitted by a party which is not a Prospective Proponent, or which is not in accordance with the procedures shall not be considered by the RTC and will be returned to the submitting party without any further action by the RTC. 1. Filing a Notice of Protest on a RFP A Prospective Proponent may file a notice of protest with the RTC if the following conditions are met: a. It submitted a Proposal on a contract that was advertised pursuant to NRS 332; b. The Proposals were opened; c. Within the period specified by the RTC, the Proponent filed a notice of protest regarding the awarding of the contract; d. The Prospective Proponent believes the applicable provisions of law were violated. 2. Notice of Protest Procedure A notice of protest must include a written statement setting forth with specificity the reasons the Prospective Proponent filing the notice believes the applicable provisions of law were violated. A Prospective Proponent filing a notice of protest is required by the RTC, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this State or submit other security, in a form approved by the RTC, to the RTC who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of a. 25% of the total (or annual) value of the Proposal submitted by the person filing the notice of protest; or b. $250, Protests must be submitted in writing within three business days, excluding Friday, after the date the recommendation to award a contract was issued. Protests must be submitted to the following address: Regional Transportation Commission Attn: Manager of Purchasing & Contracts 600 South Grand Central Parkway, Suite 350 Las Vegas, Nevada All protests must be received by the RTC at the address listed above during normal office hours. 16

17 3. Effect of Protests on Procurement Action A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the RTC on the protest. A Prospective Proponent who submits an unsuccessful Proposal may not seek any type of judicial intervention until the RTC has made a determination of the protest and awarded the Contract. The RTC is not liable for any costs, expenses, attorney s fees, loss of income or other damages sustained by a Prospective Proponent who submits a Proposal, whether or not the Prospective Proponent files a notice of protest pursuant to this section. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the Prospective Proponent who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the RTC in an amount equal to the expenses incurred by the RTC because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the Prospective Proponent who posted the bond or submitted the security. 4. Resolution of Protests Upon receipt of a notice of protest, RTC Purchasing and Contracts will notify the RTC General Counsel, the General Manager, and the Assistant General Manager of the RTC department that initiated the RFP. RTC Purchasing will notify the Protester in writing within two days after the receipt of the notice of protest that the protest is being considered. In the notification, RTC Purchasing and Contracts will inform the Protester of any additional information required for evaluation of the protest by the RTC, and the protester will be given two days to provide the omitted or incomplete information, protest bond or documentation in order for the protest to be further considered. If complete information is not received, RTC need not consider the protest any further. After receipt of a complete notice of protest and protest bond or other security, RTC Purchasing will review protest for validity and will work with the protester and any other interested party to resolve the protest. Absent resolution, staff will notify the General Manager, who will make a recommendation to the RTC commission of the appropriate disposition of such protest. The recommendation shall be made on the basis of the information provided by the protester and other parties, and the RTC s own investigation and analysis of what provisions of the law were violated. If the protest is upheld, the RTC will take appropriate action to correct the procurement process and protect the rights of the Protester, including re-solicitation, revised evaluation of bids, RTC determination or termination of the contract. If the protest is denied, the RTC will lift any suspension imposed and proceed with the 17

18 appropriate stage of the procurement process or the contract. A protester adversely affected by a bid protest decision by the RTC Commission may appeal such decision to the Eighth Judicial District Court of Nevada. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 18

19 Attachment 1 Proposal Submittal Labeling Instructions ATTACHMENT 1 - PROPOSAL SUBMITTAL LABELING INSTRUCTIONS Photocopy this page and cut along the dotted line of the label shown below and affix to your sealed RFP envelope to identify it as a Sealed Proposal. Fill in the Consultant name, and the proposal due date. REGIONAL TRANSPORTATION COMMISSION SEALED PROPOSAL DO NOT OPEN RFP NO: RFP TITLE: PROGRAM MANAGEMENT CONSULTING SERVICES DUE DATE: NOVEMBER 24, 2015 TIME: 3:00 P.M. CONSULTANT: RTC CONTACT CHARLES CHEATHAM PHONE: PURCHASING & CONTRACTS 600 GRAND CENTRAL PARKWAY LAS VEGAS, NEVADA The label shall appear in the upper left hand corner. DELIVERY ADDRESS: REGIONAL TRANSPORTATION COMMISSION ATTN: PURCHASING & CONTRACTS, CHARLES CHEATHAM 600 SOUTH GRAND CENTRAL PARKWAY LAS VEGAS, NV IMPORTANT: Overnight delivery must be sent guaranteed morning delivery, before the bid opening date. Proponent must ensure that the Sealed Proposal label shown above is affixed to outside of the overnight mail envelope. 19

20 ATTACHMENT 2 SAMPLE CONTRACT CONSULTANT: Firm Street Address City, State, ZIP (P) 702- (F) 702- DESIGNATED CONTACT: Name Title CONTRACT NO

21 CONTRACT FOR CONTRACT NO: This Contract is made and entered into this 8 th day of January, 2016, by and between Regional Transportation Commission of Southern Nevada (hereinafter referred to as RTC ), having its principal office located at 600 South Grand Central Parkway, Las Vegas, Nevada , and (hereinafter referred to as Consultant ), incorporated in the state of, having its principal office located at, for Services for the (hereinafter referred to as Project ). RECITALS: WHEREAS, the RTC conducted a competitive procurement process per Request for Proposals (RFP) No , PROGRAM MANAGEMENT CONSULTING SERVICES, to select a non-exclusive Consultant; WHEREAS, pursuant to that process, the RTC selected the Consultant to act as the Program Management Consultant (PMC) to support the operation of the RTC s Information Technology (IT) division; and WHEREAS, the Consultant is competent to perform the services described herein and desires to enter into this Contract with the RTC for the provision of such services; and WHEREAS, the Consultant has the required licenses and/or authorizations pursuant to all federal, State of Nevada and local laws in order to conduct business relative to this Contract; and WHEREAS, the Consultant has the personnel and resources necessary to accomplish the Project within the required schedule and with an budget allowance not-to-exceed FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) for the base period of the contract, including all fees for time and labor for salaries, overhead, materials, equipment, licenses, direct nonsalary expenses incurred by the Consultant. NOW THEREFORE, in consideration of the mutual promises hereinafter given, it is mutually agreed by and between the Consultant and the RTC as follows: SECTION A CONTRACT FORM The subject matter of this Contract is to for the Consultant to provide expert administration, leadership, strategy development and implementation, and stakeholder outreach services that will help develop and establish the new Southern Nevada Strong department as a regional cross-sector leader for economic growth, complete communities and transportation choice. B-1 DEFINITIONS SECTION B BASIC TERMS The following definitions apply to this Contract: 21

22 (a) Award Date means the date that a Contract becomes effective. It is the date that is entered into the first paragraph of a Contract upon execution by an authorized representative of the RTC. (a) Consultant means the individual, partnership, or corporation responsible for the performance of services under this Contract. (b) Consultant Representative means the individual authorized to act on behalf of the Consultant regarding routine matters arising under or relating to this Contract. (c) Contract means this document, consisting of Sections A through F, which is binding and effective only upon execution by the RTC. (d) Contract Documents means the following documents which collectively constitute the obligations of the Contractor: (1) this Contract and the attachments hereto; (2) the Request for Proposals (RFP) No and any addenda thereto; and (3) the Contractor s proposal in response to the RFP, including its Best and Final offer or clarifications (if any). (e) Contract Technical Representative means the RTC representative who is responsible for the coordination of Contract performance between the RTC and the Consultant. (f) Deliverable means any report, software, hardware, data, documentation, or other tangible item or event that the Consultant is required to provide or perform to the RTC under the terms of the Contract. (g) Non-exclusive Contract means a Contract under which the RTC agrees to obtain some, but not necessarily all, of the RTC s requirements for a particular service. (h) RTC means the Regional Transportation Commission of Southern Nevada. (i) RTC Commission means the governing body of the Regional Transportation Commission of Southern Nevada. B-2 CONTRACT TYPE The Contract type is not-to-exceed. This is a Non-exclusive Contract. B-3 PRICES/COSTS/DELIVERABLES (a) Prices/Costs/Deliverables Schedule The Consultant will invoice the RTC in accordance with the payment and deliverables schedule specified in attached Exhibit B, Prices/Costs/Deliverables Schedule. The RTC s obligation to pay Consultant cannot exceed the specified amount(s). It is expressly understood that the entire work defined in Exhibit A must be completed by the Consultant and it shall be the Consultant's responsibility to ensure that hours and tasks are properly budgeted so the entire project is completed for the specified amount(s). 22

23 (b) The not-to-exceed amount for the base period of this contract is $500, B-4 INVOICES (a) The Consultant shall submit an invoice to the RTC in accordance with the payment schedule set forth in Paragraph B-3 (Prices/Costs/Deliverables) above and must be accompanied by backup material. The Consultant shall furnish monthly invoices on or about the first day of each month. The RTC shall pay the invoiced amount within 30 calendar days after the date of receipt of a correct invoice. All invoices should identify the following items: 1. The date of the invoice; 2. Consultant name; 3. Complete address (including street, city, state and zip code); 4. Telephone number; 5. Contact person; 6. Itemized description of services performed and/or products delivered (including quantities) or services rendered (including performance dates covered), referencing the contract item; 7. Copies of subcontractor invoices 8. Itemized pricing and total amount due (excluding Sales and Use Tax); 9. the associated RTC purchase order number; 10. Consultant s Tax Identification Number; 11. RTC Contract Number 12. Percentage Discount/Payment Terms (if offered); 13. Copy of the progress report, signed/approved by RTC s Contract Technical Representative, if applicable; and 14. Consultant s invoice number. RTC shall subtract from any payment made to Consultant all damages, costs and expenses caused by Consultant's negligence, resulting from or arising out of errors or omissions in Consultant's work products, which have not been previously paid to Consultant. Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Consultant will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Consultant shall submit an original invoice to: Regional Transportation Commission ATTN: Accounts Payable 600 Grand Central Parkway Las Vegas, NV

24 (b) A representative of the Consultant shall sign and certify the invoice in the following manner: I hereby certify, under penalty of perjury, that the above invoice is just and correct and that reimbursement for such expenses listed on this invoice has not been previously received from the RTC nor any other source. (c) The Consultant shall forward a copy of the original invoice to the RTC s Contract Technical Representative identified in Paragraph D-2 (Contract Technical Representative/Consultant Representative). (d) Upon termination of this Contract, the Consultant shall submit a statement summarizing previous billings rendered and payments received and providing any other information necessary for contract close out. Within 30 calendar days after receipt thereof, the RTC shall pay the Consultant all amounts due. (e) The RTC may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment made by the RTC to the Consultant to such extent as may be necessary to protect the RTC from loss or damage, or to compensate the RTC, caused by, resulting from or arising out of, including but not limited to, any failure to perform Services in accordance with this Contract. B-5 CONTRACT TERM (a) Notice to Proceed The parties to this Contract understand and agree that execution of this Contract by the RTC is not a Notice-To-Proceed with the Scope of Services of this Contract. A Notice-To-Proceed will be given by the RTC to the Consultant after receipt and approval of all insurance requirements specified in this Contract or equivalent protection. (b) Performance Period The base contract term commences from Notice to Proceed to JUNE 30, 2018, unless extended through mutual written agreement by both parties. (c) Contract Renewals This contract has two (2) one year renewal options. (d) Delivery Schedule The Consultant shall provide services in accordance with the deliverables schedule specified in attached Exhibit B (Prices/Costs/Deliverables Schedule). C-1 SCOPE OF SERVICES SECTION C SCOPE OF SERVICES The Consultant shall provide the materials, equipment, products and labor to accomplish produce and deliver the products and services specified in Exhibit A. The Consultant shall not provide services beyond the scope of this Contract unless those services and compensation for those services have been defined in an approved amendment to this Contract. 24