GROUP 71011PAGE 1
Group 71011 – Guard Services
SECTION IIIUSE OF BACKDROP CONTRACT BY STATE AGENCIES AND OTHER AUTHORIZED USERS (Cont’d)
III.7PROCUREMENT INSTRUCTIONS
The procurement of this service requires each agency to complete a streamlined bid process, referred to as a mini-bid, from among a list of eligible vendors. The mini-bid process is an abbreviated bid process by which User Agencies can solicit pricing for their specific engagements.
A.Summary of Policy and Prohibitions on Procurement Lobbying
Pursuant to State Finance Law §§139-j and 139-k, this mini-bid solicitation includes and imposes certain restrictions on communications between a Governmental Entity and an Offerer during the procurement process. An contractor is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the Governmental Entity and, if required, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, is identified on the first page of this solicitation [or conform to whatever location is used to identify designated staff]. Governmental Entity employees [conform for pertinent government entity] are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found [conform for how will provide copies of the rules, regulations, guidelines or procedures].
C.Contract Termination:
The Governmental Entity reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Governmental Entity may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.
- Designated Contacts: Please refer to the OGS Website Advisory Council On Procurement Lobbying, Frequently Asked Questions for a definition of Designated Contacts .
NOTE: For procurements below an Authorized User's discretionary threshold, user may negotiate directly with a contractor in accordance with the Discretionary Purchasing Guidelines dated August 2000, using the most practical and economical alternative in the best interests of the state.
MINI BID PROCESS (See Project Definition Template at end of document)
Mini-bid shall refer to the bidding of each Project Definition since it is a smaller, simpler form of bidding and does not need to duplicate this RFP. Method of Award shall be stated in the Mini-bid and Authorized Users may elect to award on the basis of best value or lowest cost. An example of language for awarding on a Best Value basis and using assigned weights is as follows:
"Contract shall be awarded to the bidder providing the Best Value on an evaluated basis with assigned weight being given to both the technical (specification) part of the proposal and the cost of the proposal to determine the “Best Value.” Weights assigned to technical and cost must be predetermined prior to the Mini-bid. Method of Award shall be stated in the mini-bid.
Authorized Users shall document in the Procurement Record their choice of Contractor in accordance with their predetermined method of award based on cost, need (form, function and utility) and value (quality, cost and efficiency).
If procurement exceeds the Authorized Users discretionary threshold limit prior approval by the State Comptrollers Office is required.
NOTE: Contractor may also be selected on the basis of lowest cost if quality appears to be uniform among competing bidders and if user determines lowest cost to be the Best Value.
A. Contractors awarded Backdrop contracts for the region(s) being bid may be required to attend a mandatory site visit prior to a Mini-bid submittal. The time and date for this site visit shall be arranged with the Authorized User representative.
1. Authorized Users shall determine the locations and applicable region where guard services are required.
a. Authorized Users shall forward Backdrop Contractors in the applicable region a copy of the Project Definition that outlines their security guard requirements.
b. Authorized Users shall determine the contract term of the Mini-bid. The Mini-bid contract term shall not be greater than three years beyond the termination date of the Backdrop Contract and shall be issued for a period not to exceed five years.
2. Method of Award - Authorized Users shall designate the Method of Award for their Best Value or lowest cost determination in the Project Definition. According to the State Finance Law, “Best Value” is defined as the basis for awarding a contract to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, whenever possible, objective and quantifiable analysis. "Best Value Determination" may include, but is not limited to:
- previous experience
- source of supply
- personnel resources
- ability to meet agency site-specific requirements
- experience relating to agency specific requirements
3. Backdrop Contractors shall develop a bid and submit it to the Authorized User by the specified date.
4. Authorized Users shall review all bids received and shall award contract on the basis of the Mini-bid specified Method of Award.
III.7PROCUREMENT INSTRUCTIONS (Cont’d)
5. Authorized Users shall issue encumbrance documents or other written orders for work depending on the type of contract (refer to sECTION IV.1 - GENERAL DESCRIPTION CONTRACTS).
6. See "Procurement Card" in Appendix B OGS General Specifications. All bidders shall indicate if they will accept the NYS Purchasing Card.
7. Authorized Users shall request in the Project Definition, evidence of current insurance coverage of all Contractors submitting Mini-bids, in the amounts and type set forth in the Backdrop Contract, and shall request a statement from the bidders that they will, within thirty days of Mini-bid Award, provide a certificate of such insurance naming the Authorized User as an additional insured. Failure to provide such certificate within such thirty day time period may result in a termination of the award.
B. The Contractor may terminate a Mini-bid contract using the following procedures:
1. If the Contractor reasonably believes an Authorized User is failing to perform any of its material obligations under the terms of the contract, or that the Authorized User is seeking services from Contractor outside the scope of the contract, or there is a difference of opinion as to the interpretation of the contract, Contractor shall provide written notice to the Office of General Services (OGS) and the Authorized User, that it wishes to terminate the Mini-bid contract unless the failure or discrepancy is cured within 20 business days after receipt of the written notice. Such notice shall outline the particulars of the alleged failure or discrepancy. The Authorized User shall provide a written response to the claims of Contractor, providing a copy to OGS. Within the 20 business days, OGS will work with the Authorized User and the Contractor to review the circumstances of the alleged failure to perform or discrepancy. If OGS reasonably determines the Authorized User has failed to perform in accordance with the contract and the Authorized User fails to cure the defect,
OGS shall advise Contractor it may terminate the Mini-bid contract 30 business days thereafter, but no later than 50 business days after receipt of the original written notice from the Contractor.
2. The Authorized User shall pay for any services accepted from the Contractor prior to the effective date of the termination in accordance with the contract terms. Neither the Authorized User nor the Contractor shall be liable for the other party’s expenses as a result of the termination, provided the party complied with the foregoing notice provisions and worked in good faith with OGS to resolve the alleged failures.
NOTE: The foregoing provisions shall not in any way affect, alter or diminish the rights of OGS and Authorized Users as contained within the provisions of SECTION II.2 -CANCELLATION FOR CONVENIENCEas contained within the Backdrop Contract and Section 64 of Appendix B - REMEDIES FOR BREACH.
SAMPLE
PROJECT DEFINITION TEMPLATE
NOTE: This Project Definition is a template of what an actual project definition may look like.
PROJECT DEFINITION
(INCLUDE COMPLETE TITLE OF PROJECT)
(INSERT DATE)
Prepared by: (User Agency Name)
TABLE OF CONTENTS
SECTION NO.
/Section Header
/PAGE NO
1.0
/General Overview
1.1
/Introduction
1.2
/Scope of Work
1.3 /Expected Deliverables
1.4 /Project Objectives
1.5 /Inquiries/Issuing Office
1.6 /Key Events/Dates
1.7 /Pre-bid Conference (Optional)
1.8 /Optional Backdrop Contractor Interview
2.0 /Technical Requirements
3.0 /Special Terms and Conditions
3.1 /Mini-Bid Contract Term
3.2 /Price Adjustment
4.0 /Administrative Requirements
5.0 /Method of Award and Evaluation Criteria (Best Value or Lowest Cost)
5.1 /Evaluation and Selection
5.1.A /Evaluation Criteria (best value)
5.1.B /Technical Component
5.1.C /Financial Component
5.1.D /Evaluation Criteria (lowest cost)
5.1.E* /*Insurance Certification*
Exhibit 1 /Mini-bid Checklist
Exhibit 2 /Technical Optional Requirements
Attachment 4 /Bidder/Offerer disclosure form
Attachment 5 /Corporate Acknowledement
Attachment 6 /Contractor Disclosure of Contacts form EO127
Attachment 7 /Article 15A
* Authorized Users shall require documentation that contractor meets the Insurance Requirements referenced in the Backdrop Contract. If contractors policy includes a deductible,information relative to the deductible amount is to be provided to the Authorized.
1.0 GENERAL OVERVIEW
1.1Introduction
The issuing agency is [INSERT USER AGENCY NAME]. This Project Definition outlines the terms and conditions, and all applicable information required for submitting a bid. Bidders should pay strict attention to the bid submission date and time to prevent disqualification. To ensure compliance with these mini-bid requirements and to prevent possible disqualification, bidders should follow the format and instructions contained in this document.
Authorized Users shall thoroughly review the requirements of the Backdrop contract as well as all contractor requirements to ensure contract compliance.
1.2Scope of Work (brief description)
The Authorized User is initiating a project under the auspices of the OGS Procurement Services Group (PSG) Backdrop Contracts for Security Guard Services. The Authorized User is in need of:
- State the exact guard duties and responsibilities required by this project definition
- State the region(s) required. See Attachment 1 of backdrop contract.
- This project is expected to cover the period ______(not to exceed three years after Backdrop Contract expiration and maximum mini-bid term not to exceed five years) and will commence upon project review and approval by OSC.
1.3 Expected Deliverables
A contract with the [INSERT AGENCY NAME] shall include, but may not be limited to the following deliverables:
The issuing agency should include all the items the bidder will be expected to provide in order to consider this assignment complete (i.e. numbers of guards required, levels of guards, weekly hours required for each level guard, vehicle, guard interviews, types of reports, suggested report format [specify if electronic format is required], attendance at project meetings, etc.)
1.4 Project Objectives
The issuing agency should briefly describe the goals or course of actions associated with this assignment. Contractors shall meet the requirements of the backdrop contract.
1.5 Inquiries/Issuing Office
All inquiries concerning the Mini-bid will be addressed to
AGENCY CONTACT NAME
TITLE
AGENCY NAME / DIVISION
ADDRESS ONE (INCLUDE ROOM NUMBER)
ADDRESSTWO
CITY, STATE ZIP CODE
TELEPHONE NUMBER
FACSIMILE NUMBER
EMAIL ADDRESS
All questions should be submitted in writing, citing the particular Project Definition section and paragraph number. Prospective contractors should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved before the award of a Mini-bid. Answers to all questions of a substantive nature will be given to all contractors in the form of a formal addendum that will be annexed to and become part of the ensuing Mini-bid contract.
1.6 Key Events/ Dates
Event Date TimeProject Definition Release / INSERT DATE BID IS ACTUALLY RELEASED
Closing Date for Inquiries (OPTIONAL)
Pre-Bid Conference (OPTIONAL)
Site Visit Date (OPTIONAL)
Bid Opening
Mini-bid Contract Award
1.7 Pre Bid Conference
If the issuing agency feels there may be a need to further explain the components of the project to the Backdrop contractors, then the user agency may choose to have a pre-bid conference. The following suggested pre-bid conference language may be used in the project definition.
Attendance at the Pre-Bid Conference is [strongly encouraged or mandatory].
The [INSERT USER AGENCY NAME] will require all persons to sign an attendance roster. The pre-bid conference will be held on (INSERT DATE, TIME, and LOCATION). Notify the Agency Contact Person identified in SECTION - 1.5 Inquiries/Issuing Office of your plans to attend this conference before the scheduled date.
Specific questions concerning this Mini-bid shall be submitted in writing (facsimile will be accepted) to the agency contact person identified in SECTION - 1.5 Inquiries/Issuing Office, approximately five days before the conference to be answered at the conference. Although questions will be permitted at the conference, answers may be deferred and included in the formal summary of the pre-bid conference, a copy of which will be sent to each Backdrop Contractor participating in this Mini-bid.
1.8 Optional Backdrop Contractor Interview
As part of this Mini-bid process, the [INSERT USER AGENCY NAME] reserves the right to interview the guard company to determine the manner in which guards are assigned. Authorized Users may interview proposed guards after contractor selection, prior to guard assignment. Authorized User reserves the right to reject any proposed guard(s).
2.0TECHNICAL REQUIREMENTS
The issuing agency shall be familiar with the terms & conditions of the Backdrop contract and shall specify the guard requirements that may be used to evaluate bidder's response. The issuing agency shall specify minimum guard responsibilities and post orders for each guard to be included in the Backdrop Contractor’s response. These qualifications and experience may be more stringent than that contained in the original RFP (but must remain within the contract scope) and may contain the optionalrequirements contained in EXHIBIT 2 - Technical Optional Requirements. Authorized Users shall also indicate if monthly vehicles are required.
3.0SPECIAL TERMS AND CONDITIONS
The issuing agency shall define any special terms and/or conditions associated with the project.
3.1 Mini-Bid Contract Term
The issuing agency shall indicate the projected beginning and ending dates for the project (not to exceed the maximum period of up to five years).
3.2 PRICE ADJUSTMENT
On each anniversary date of the Backdrop contract OGS Procurement Services will adjust the contractors “Not to exceed” prices (increase or decrease) using the directions and formula identified below. The updated prices will be posted on the contract award notification on the OGS website.
On each anniversary date of the awarded mini-bid contract the Contractor or Authorized User may submit for a price adjustment (increase or decrease) to their mini-bid quoted price. The contractor must submit the documentation that shows how they arrived at the adjusted price along with a letter of explanation.
The increase or decrease is based upon fluctuations in the latest published copy of the Consumer Price Index for all urban consumers as published by the U S. Department of Labor, Bureau of Labor Statistics, Washington, D.C.20212. The index is also available through the Internet at the Bureau of Labor Statistics web site at Go to “Inflation and Consumer Spending” then click "Consumer Price Index" and then click on “Tables created by BLS” then click on “Table Containing History Of CPI-U U.S. All Items Indexes and Annual % Changes 1913 To Present.”
Price adjustments using the CPI involve changing the base payment by the percent change in the level of the CPI between the annual reference period and a subsequent time period. This is calculated by first determining the index point change between the two periods and then the percent change. The price adjustment shall be calculated as follows. Obtain the Base Index that is the CPI for the 3rd month prior to the month of the anniversary date of the Backdrop Contractor awarded Mini-bid. Calculate the Index Point Change by subtracting the Base Index from the CPI valuefor the 3rd month prior to the anniversary date of the Backdrop Contract or awarded Mini-bid (e.g.: If start date begins in December, use the September CPI). The Index Point Change is then divided by the Base Index and this result is then multiplied by 100 to equal the Percent of Adjustment that is the price adjustment value. This Percent of Adjustment(increase or decrease) shall be applied to the next Mini-bid Contract year, effective on the latter of the anniversary date or upon notification by the Authorized User within 30 days after contractor request provided proper documentation is received. The adjusted Index shall become the base index for the next subsequent contract adjustment period. The following example illustrates the computation of the Percent of Adjustment: