agency overview · web viewthe bidder’s technical proposal must be furnished in hard copy, with...

COMPETITIVE PROCUREMENT FOR:

RFP # C000539 TECHNICAL SERVICES ALLOCATION

Procurement Website: https://its.ny.gov/competitive-procurement-opportunities

DESIGNATED CONTACT FOR INQUIRIES AND SUBMISSIONS

RFP related questions must be submitted via electronic mail using the Vendor Questions and Extraneous Terms Form (Attachment 4) to the designated contact for this RFP at

[email protected] other method of inquiries will be accepted. Administrative issues pertaining to

sending/receiving email through the designated mailbox may be reported at (518) 473-9341.IMPORTANT NOTICE: A Restricted Period under the provisions of the State Finance Law relating to procurement lobbying is currently in effect for this Procurement, and will remain in effect until State Comptroller approval of the Contract(s) resulting from this Request for Proposals (RFP) or any cancellation of this Procurement. During the Restricted Period, ALL communications must solely be directed, in writing, to the following individuals and shall be in compliance with the provisions of the State Finance Law relating to procurement lobbying and all other RFP instructions. Bidders are wholly responsible for adherence to § 139-j and 139-k of the State Finance Law.

Kelly Ward, Contract Management SpecialistEd Snyder, Contract Management Specialist

ITS ADDRESS FOR PROPOSAL DELIVERIES

Address to:NYS OFFICE OF INFORMATION TECHNOLOGY SERVICES PROCUREMENT AND CONTRACT SUPPORT UNIT

If US Post Office standard and US Post Office overnight mail, use:ATTENTION: Kelly Ward, PO BOX 2062, ALBANY, NY 12220

If UPS and FedEx express delivery overnight and ground service, Hand Delivery to front desk use:ATTENTION: Kelly Ward, EMPIRE STATE PLAZA, SWAN STREET BUILDING, CORE 4, ALBANY, NY 12223

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https://its.ny.gov/competitive-procurement-opportunities

The following is the estimated timetable of key events for this Procurement (Note: Dates are subject to change at the sole discretion of the State):

RFP Calendar of Events

Event Date

1. RFP Release Date November 7, 2018

2. Deadline for Submission of Vendor Questions November 21, 2018 at 2:00 PM EST

3. Issuance of ITS’ Official Responses to Bidders’ Questions (Estimated) December 5, 2018

4. PROPOSAL DUE DATE AND TIME January 8, 2018 at 2:00 PM EST

5. Anticipated Contract Award Date On or about February 27, 2018

6. Anticipated Contract Commencement Date Within 100 Days from actual Contract Award Date*

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TABLE OF CONTENTS

CONTENTS

SECTION 1 - AGENCY OVERVIEW..........................................................................................................6

1.1 THE OFFICE OF INFORMATION TECHNOLOGY SERVICES.......................................................................................

1.1.1 Mission, Vision, and Values Statement...................................................................................61.1.2 Formation of ITS.....................................................................................................................6

SECTION 2 - PROCUREMENT OVERVIEW...............................................................................................7

2.1 PURPOSE OF REQUEST FOR PROPOSALS...............................................................................................................2.2 MINIMUM BIDDER QUALIFICATIONS....................................................................................................................

2.2.1 Qualifications:.........................................................................................................................8

2.3 CONTRACT FORMATION........................................................................................................................................2.4 DEFINITIONS..........................................................................................................................................................

SECTION 3 - PROJECT SERVICES............................................................................................................9

3.1 SCOPE OF WORK....................................................................................................................................................3.2 CONSULTANT(S) RESPONSIBILITIES.......................................................................................................................

SECTION 4 - ADMINISTRATIVE REQUIREMENTS AND INFORMATION..................................................12

4.1 INQUIRIES FROM BIDDERS..................................................................................................................................4.2 EXCEPTIONS/DEVIATIONS AND EXTRANEOUS TERMS.........................................................................................4.3 COMMUNICATIONS FROM NYS TO VENDORS.....................................................................................................4.4 PROCUREMENT RECORD.....................................................................................................................................4.5 BUILDING ACCESS PROCEDURES FOR VISITORS AND HAND DELIVERIES.............................................................4.6 LIMITATION OF LIABILITY.....................................................................................................................................4.7 DISCLOSURE OF PROPOSAL CONTENTS – FREEDOM OF INFORMATION LAW (“FOIL”).......................................4.8 NOTIFICATION OF AWARD AND OPPORTUNITY FOR DEBRIEFING.......................................................................4.9 ITS BID PROTEST POLICY......................................................................................................................................4.10 ITS RESERVATION OF RIGHTS..............................................................................................................................

SECTION 5 - PROPOSAL REQUIREMENTS.............................................................................................16

5.1 PROPOSAL DELIVERY INSTRUCTIONS...................................................................................................................5.2 PACKAGE LABEL...................................................................................................................................................5.3 GENERAL REQUIREMENTS FOR PROPOSALS........................................................................................................5.4 PROPOSAL CONTENT AND FORMATTING REQUIREMENTS.................................................................................5.5 TECHNICAL PROPOSAL REQUIREMENTS..............................................................................................................

5.5.1 Organizational Overview......................................................................................................195.5.2 Bidder Qualifications............................................................................................................205.5.3 Key Subcontractors...............................................................................................................205.5.4 Project Overview..................................................................................................................205.5.5 Contractor’s Contract Manager............................................................................................205.5.6 Bidder References.................................................................................................................215.5.7 Consultant Profile.................................................................................................................21

5.6 FINANCIAL PROPOSAL REQUIREMENTS...............................................................................................................5.7 ADMINISTRATIVE PROPOSAL REQUIREMENTS....................................................................................................

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SECTION 6 - EVALUATION METHODOLOGY.........................................................................................22

6.1 TIER ONE EVALUATION/SELECTION PROCESS......................................................................................................

6.1.1 Proposal Completeness Review............................................................................................226.1.2 Minimum Qualifications Evaluation......................................................................................226.1.3 Technical Proposal Evaluation..............................................................................................236.1.4 Financial Proposal Evaluation...............................................................................................236.1.5 Administrative Proposal Evaluation......................................................................................236.1.6 Final Composite Score..........................................................................................................23

6.2 TIER TWO EVALUATION/SELECTION PROCESS.....................................................................................................

6.2.1 Pass/Fail Screening...............................................................................................................246.2.2 Technical Evaluation.............................................................................................................246.2.3 Financial Evaluation..............................................................................................................246.2.4 Final Ranking.........................................................................................................................25

Appendices (require no action from Bidders prior to or at time of Proposal submission)Appendix A – Standard Clauses for New York State ContractsAppendix B – ReservedAppendix C – ITS Terms and ConditionsAppendix C-1- Contractor's Insurance RequirementAppendix D – Office of the State Comptroller Travel Manual Appendix E – EEO 101, Workforce Employment Utilization/Diversity Compliance ReportAppendix F – MWBE 102, Quarterly MWBE Compliance ReportAppendix G – Primary Security and Privacy MandatesAppendix H – Consultant Disclosure Reporting Requirements Forms A/BAppendix I - RESERVEDAppendix J – Glossary of Terms Appendix K – Overview of IES Appendix L – Job Titles/PositionsAppendix M – Sample Personnel Request Document (PRD)

Attachments (must be completed by Bidder and submitted prior to or as components of the Bidder’s Proposal)Attachment 1 – Proposal Submission Requirements ChecklistAttachment 2 – ReservedAttachment 3 – Non-Collusive Bidding CertificationAttachment 4 – Vendor Questions and Extraneous Terms FormAttachment 5 – NYS Required CertificationAttachment 6 – Reserved

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Attachment 7 – Firm Offer Letter and Conflict of Interest DisclosureAttachment 8 – Procurement Lobbying Forms and E.O 177Attachment 9 – Equal Employment Opportunity Staffing Plan-EEO 100Attachment 10 – Minority Women Owned Business Utilization Plan- MWBE 100 Attachment 11 – MWBE and EEO Policy Statement (Form 4)Attachment 12 – ReservedAttachment 13 – Reserved Attachment 14 – Encouraging Use of NYS Business in Contract PerformanceAttachment 15- Contractor Certification of Covered Agency, ST-220-CAAttachment 16- Bidder Information FormAttachment 17- Workers Compensation and Disability Insurance RequirementsAttachment 18 - Technical Proposal FormsAttachment 19 - RESERVEDAttachment 20 – Minimum Bidder QualificationsAttachment 21 – Bidder ReferencesAttachment 22 – Financial Proposal WorkbookAttachment 23 – Vendor Responsibility QuestionnaireAttachment 24 – RESERVEDAttachment 25 – RESERVEDAttachment 26 – Vendor Assurance No Conflict of InterestAttachment 27 – Compliance with HIPAA and HITECHAttachment 28 – Use of SDVOBs in Contract PerformanceAttachment 29 – Affirmative StatementsAttachment 30 – FOIL & Litigation DisclosureAttachment 31 – Customer Placements by OrganizationAttachment 32 – Customer Placements by Job TitleAttachment 33 – Consultant Profile

Exhibits Exhibit 1 – Information Security Standards

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NYS Office of Information Technology Services Request for Proposals

SECTION 1 - AGENCY OVERVIEW

1.1 THE OFFICE OF INFORMATION TECHNOLOGY SERVICES

1.1.1 Mission, Vision, and Values Statement

MISSION To create and deliver innovative solutions that foster a technology-enabled government to best serve New Yorkers

VISION To lead the nation in serving citizens, businesses, and visitors through world-class technology

VALUES Accountability, Citizens, Innovation, Integrity, People, Transformation

1.1.2 Formation of ITSIn 2012, New York consolidated information technology (IT) functions and service delivery from over 52 State agencies into a single agency in the largest IT consolidation in State government history. The ITS workforce of approximately 4,000 professionals serves over 120,000 end users. Historically, IT systems and applications were primarily decentralized within individual State agencies supported by internal agency teams working with disparate IT tools, methods, and varied technical platforms. Now, ITS is transforming IT across the State to offer world-class service that provides a consistent and high-quality experience for end users and citizens using an IT environment that:

Maximizes existing resources

Meets agency business needs with world-class customer service

Creates a talented, innovative IT workforce

Increases accountability

Provides cost savings

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SECTION 2 - PROCUREMENT OVERVIEW

2.1 PURPOSE OF REQUEST FOR PROPOSALSThe New York State Office of Information Technology Services (ITS) is issuing this Request for Proposals (RFP) to seek qualified responsive and responsible vendors, for a master service agreement (MSA). This RFP, Reference No. C000539, entitled, “Technical Services Allocation” (“RFP” or “Procurement”) is being conducted on behalf of the State’s IES Program initiative as managed by the IES Program Office. ITS will manage the RFP procurement. [Note: An overview of IES Program and IES Solution is provided in Appendix K of the RFP, entitled “Overview of IES”]

The purpose of this RFP is to obtain the services of several qualified vendors to provide technical support personnel, on an as needed basis, for the benefit of the IES Program initiative (“Project Services” or “Services”) in accordance with the provisions of the RFP and resultant contract. The term of the contracts that result from this RFP (“Contract” or “Contracts”) shall be for five (5) years and with two (2) one-year optional extension periods.

The IES Program Office anticipates an ongoing need during the term of said Contracts to engage experienced technical support personnel (“Consultants”) for engagements lasting several months and/or years. The Consultants will be for the exclusive use of the IES Program Office, ITS, Office of Temporary and Disability Assistance (“OTDA”), Office of Children and Family Services (“OCFS”), and Department of Health (“DOH”) for services required in support of the IES Program. The IES Program Office anticipates that approximately 150 Consultant positions will be needed to supplement existing State resources. The primary function of the awarded Bidder(s) (“Contractor[s]”) will be to: (1) recruit and propose only those individuals that the Contractor has pre-determined as qualified; (2) offer said individuals at reasonable competitive rates; and (3) ensure that the Consultant will satisfactorily perform his/her duties for the term of that Consultant’s engagement. However, notwithstanding the foregoing, there is no guarantee of work to the Contractor.

Appendix L of this RFP sets forth the job titles/descriptions for the Consultants that may be sought to provide Project Services under the Contracts.

ITS will execute a Contract with the Contractors on behalf of the State. The IES Program Office will manage and direct the Contractors’ efforts and activities in the performance of Contract services on a day-to-day basis, but all invoices shall be subject to the review and approval of ITS. Said Contracts will be awarded to those qualified Bidders whose Proposals are determined to provide the “Best Value” to the State. “Best Value” means the basis for award to that responsible and responsive Bidder(s) whose offer optimizes quality, cost and efficiency, and which is consistent with the best interests of the State of New York. To that end, Bidders should note that, to meet its needs, the State will undertake the following two (2) tiered process to first select Contractors and thereafter secure Consultants, on an as needed basis.

BEST VALUE PROCUREMENT – TIERED EVALUATION/SELECTION:

Tier One- Request for ProposalTier One is the level at which ITS will select up to three (3) Bidders based on an evaluation of Proposals received in response to this RFP as described in RFP Section 6.

Tier Two – Request for QuotesTier Two is the level at which Consultants will be selected after the State identifies a need. ITS, after consultation with the IES Program Office, will issue a Personnel Request Document (PRD) request to all of the Contractors, via e-mail, requesting: 1) the resumes of up to three (3) candidates per position available at that time, for the anticipated duration and who meet the minimum qualifications for the position(s) being sought; and 2) associated “Best and Final Pricing,” as defined herein, for said candidates. The PRD will establish a deadline for response and the deadline will be dependent upon the urgency to fill the position(s) but, in no instance will the deadline be less than forty-eight (48) hours from the time the e-mail is sent. It is the State’s expectation that generally the response deadline will be five (5) Business Days from the issuance date of the PRD by the State. ITS, after consultation with the IES

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Program Office, will then select the individual candidate(s) whom best meet the State’s needs, based on an evaluation of Contractors’ proposed candidates as described in RFP, Section 6.

2.2 MINIMUM BIDDER QUALIFICATIONSBidders must meet the minimum qualifications set forth herein below and in Attachment 20 to be deemed qualified to respond to this RFP. Failure to meet all requirements in Attachment 20 will result in the Proposal being deemed non-responsive and eliminated from consideration.

2.2.1 Qualifications: (a) Bidder, at time of bid submission and throughout the term of the Contract, must be authorized to

conduct business in New York State, or have filed an application for authority to do business in New York State with the New York State Secretary of State at time of bid submission. Such application must have been approved prior to Contract Award.

(b) The Bidder must represent and warrant that it possesses adequate staffing resources, financial resources and organization to perform the type, magnitude and quality of work specified herein this RFP.

(c) The Bidder must represent and warrant that it possesses at least eight (8) years of continuous experience in providing/supplying technical support personnel which are the subject matter of this RFP for the benefit of its customers (“customer placements”), and provide evidence that it has maintained an organization capable of performing the work.

(d) The Bidder must represent and warrant that it has fulfilled at least 50 customer placements annually in each of the last five (5) years.

2.3 CONTRACT FORMATIONThe Contracts that results from this RFP shall substantially contain the terms and conditions set forth in this RFP, Appendix A, and Appendix C. The Contract shall be subject to the approval of the NYS Attorney General’s Office (“AG”) and the NYS Office of the State Comptroller (“OSC”). Upon final approval by OSC, a fully-executed contract will be delivered to the Contractor.

2.4 DEFINITIONSDefinitions for certain terms and a list of Acronyms used in this RFP, including its appendices and attachments, can be found in Appendix J– Glossary of Terms.

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SECTION 3 - PROJECT SERVICES

3.1 SCOPE OF WORK RFP, Appendix L sets forth job titles and descriptions for the positions. As noted in RFP, Appendix L, there are three (3) levels (i.e., levels I, II and III) for each of the titles listed. Bidders are advised that when the need to fill a specific position is identified, actual job descriptions for that position may deviate somewhat from what is set forth in RFP, Appendix L.

Contractors must possess the administrative and organizational capacity, experience and expertise to provide the required Project Services as set forth in the RFP and the administrative structure and resources sufficient to discharge its contractual responsibilities including monitoring and completing of deliverables, invoicing, billing and personnel issues.

Contractors must have an effective and efficient process to identify and propose qualified candidates in response to the State’s issuance of a PRD. The process utilized must be able to:

• Identify potential candidates and validate that the potential candidate’s experience/expertise meets the requirements of the position for which services are being sought via the PRD;

• supplement the Contractor’s resumé pool if desired candidates are not available for a current PRD;

• rapidly replace a Consultant(s) when the State finds that the Consultant is unacceptable or is otherwise unable to perform the tasks set out in a PRD; and

• monitor the work performance of Contractor supplied Consultant(s).

At time of Proposal Submission, the Contractor must identify a specific individual to serve as the Contractor’s Sole Point of Contact (“Contract Manager”) during the term of the Contract. The designated Contract Manager shall serve as the Contractor’s representative and the State’s prime contact with regard to all provisions of the Contract. Such individual will not be reassigned for any reason without the express written approval of ITS. Should a replacement Contract Manager be needed, Contractor shall replace such individual with an individual of comparable background and experience, subject to prior written approval of ITS.

3.2 CONSULTANT(S) RESPONSIBILITIESDuring the term of the Contract, once ITS, after consultation with the IES Program Office, selects a Contractor proposed Candidate to serve as a Consultant, the Consultant will be expected to be available to perform the services as requested. Changes in Consultants after selection will require the written consent of ITS, after consultation with the IES Program Office. Once a Candidate has been approved and assigned to provide Services under a PRD, such individual will not be reassigned for any reason without the express written approval of ITS. In cases where a substitute Consultant is required, a replacement of equivalent background and experience may be substituted by the Contractor, subject to prior written approval of ITS. Replacement Consultants with equivalent skills will be provided by the Contractors at the same or a lower hourly rate as that of the replaced Consultant. ITS reserves the right to reject recommended replacements.

ITS may refuse access to or require replacement of any individual if such individual renders, in the sole judgment of ITS, inadequate or unacceptable performance of services, or for any other reason ITS finds such individual does not meet the security or responsibility requirements of ITS. In the event that ITS requires replacement of a Consultant within ten (10) business days being assigned to provide Services, ITS shall not be required to pay any charges for the Services rendered by that Consultant.

In addition to the foregoing, the following shall apply to all Contractor supplied Consultants:

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a. ITS must approve all personnel assigned to provide Services under a PRD and such personnel will be identified in the PRD. Contractor acknowledges that the skill and experience of personnel proposed to be assigned to the scope of work set forth in the PRD are material elements in executing the PRD. Therefore, in order to ensure timely and cohesive completion of the Services, both Parties intend that personnel initially assigned to provide the Services will continue through the duration of the engagement as set forth in the PRD.

b. Consultants will not be separately reimbursed for expenses incurred to travel to and from his/her designated work location. However, during the course of an assignment, at the direction of the State, a Consultant may be required to perform Services at a location other than his/her designated work location (e.g., the designated work location is IES’ main offices in Albany, however, the Consultant is required to attend a meeting in Buffalo). When travel is directed and required by the State, the Contractor shall be reimbursed for mileage, lodging and meals at the lower of Contractor’s rates or the lowest prevailing New York State travel rates. The Contractor is responsible for keeping adequate records to substantiate any claims for reimbursement by a Consultant(s) for travel in performance of Services. Please see Appendix D- Office of the State Comptroller Travel Manual for more information on travel procedures.

c ITS will provide Consultants with office equipment, personal computers, and other tools necessary for the successful completion of the Services.

d. The Consultant work shifts will be:

Monday through Friday, between the hours of 7:00 AM and 5:00 PM EST, excluding New York State holidays

Non-standard hours will be based on IES Program needs

Consultants may require additional availability at the request of the IES Contract Manager or his/her designee.

Although unlikely, in unique circumstances, certain Consultants may be designated as “on-call,” meaning that they will be available to the IES Program on a 24-hour basis for a time period to be determined by the IES Program Office.

e. Contractor may bill only for actual hours worked by a Consultant(s). A Consultant’s ordinary work week will be for 40 hours, excluding lunch breaks, which are not billable. Additional hours over the 40 hours may not be incurred by a Consultant without written authorization from the IES Contract Manager or his/her designee. All billings will be on the basis of actual hours worked times the appropriate Best and Final hourly rate including any hours worked over 40 hours per week. The standard workday for Contractor Consultant shall be on a schedule to be determined by the IES Contract Manager and as set forth in the PRD used to secure the services of the Consultant.

f. All Consultants secured through the Contract resulting from this RFP shall be required to record their time and attendance in the New York State Leave and Accrual Tracking System (LATS), an automated time and attendance recording system, used by all New York State Executive Agencies. Consultant time and attendance, recorded in LATS, and approved by a State designated supervisor, will be used by the State to track billable hours of work performed by Contractor’s Consultant(s) and to resolve discrepancies in time and attendance, identified by either the State or the Contractor.

g. Consultant replacement may be required in the event that a Consultant resigns or is deemed by the State to be unacceptable.

Voluntary Resignation

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The Contractor must provide ten (10) business day written notice prior to a departure of any Consultant before the conclusion of his/her term of service. If less than ten (10) business days’ prior written notice is given in such a situation, that Consultant’s time may be credited back to the State for each day less than the required notification period.

TerminationIn the event that a Consultant’s performance or conduct is detrimental to the State, the State will ordinarily provide written notice requesting immediate removal of the Consultant. However, the State reserves the right to immediately remove the Consultant from the premises. The IES Contract Manager and/or his/her designee will exercise reasonable and exclusive judgment in these matters.

The selected candidates are subject to a ten (10) business day probationary period monitored by ITS. In the event of inadequate performance by the selected candidate, the State may terminate the candidate immediately. If a candidate is removed while on probation and/or a replacement is requested, the State will not be liable for any charges for the time served by the removed/replaced candidate. An immediate notification shall identify the State’s intention to refill the position. If the State elects to refill the position, such notification shall act as the State’s issuance of a PRD, as required herein. Therefore, all requirements under the RFP must be met.

The State reserves the right to immediately suspend or reduce Consultant services during the term of the Contract or during a period as defined in a PRD because of a lack of work or a funding shortage. In the event of such a suspension or reduction of services, the State shall make best efforts to provide written notice thirty (30) calendar days prior to the suspension or reduction.

Notification Table regarding Consultant Service Separation

Reason Notice RequirementVoluntary Resignation Contractor - As soon as possible [not less than

10 business days]Unsuccessful Probation ITS - no later than the next business day

following 10 business day probationary periodInadequate performance following probation

ITS - Immediate

Lack of work prior to scheduled termination of the Consultant engagement

ITS - Immediate

Detrimental Conduct ITS - Immediate

h. The Contractor’s Contract Manager must notify the IES Contract Manager, in writing, within three (3) business days of identification of any performance problems that may arise that threatens the success of the State’s efforts. The written notice must include a description of each problem, as well as recommendations for resolution whenever possible. The Contractor will be responsible for defining an action plan to mediate the identified issues. If mutually agreed to, the Contractor and the State will finalize and implement an action plan. However, the State reserves the right to terminate a Consultant at will.

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SECTION 4 - ADMINISTRATIVE REQUIREMENTS AND INFORMATION

4.1 INQUIRIES FROM BIDDERSThis Procurement is being conducted in accordance with, and is subject to, the competitive bidding laws of the State of New York (New York State Finance Law, Article 11) and the New York State ethics laws (New York State Public Officers Law, § 73 and 74). Further, New York State Finance Law §139-j and 139-k impose certain restrictions on communication between NYS and Bidders during a procurement. Bidders should submit all RFP inquiries, questions, comments, solicitation deviations, or extraneous terms using Attachment 4 – Vendor Questions and Extraneous Terms Form via electronic mail to the ITS sole designated contact by the Deadline for Submission of Vendor Questions stated in Page ii., RFP Calendar of Events. Bidders are advised that ITS will not entertain any exceptions to Appendix A (Standard Clauses for New York State Contracts). All extraneous terms and conditions must be resolved prior to the submission of a Proposal and answers to all questions, comments, solicitation deviations and extraneous terms will be provided to all prospective Bidders in the form of a question and answer document, which will be posted on the ITS website. No other method of inquiries will be accepted.

Additional information is available at: http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html

Administrative issues pertaining to sending/receiving email through the designated mailbox may be reported at (518) 473-9341.

4.2 EXCEPTIONS/DEVIATIONS AND EXTRANEOUS TERMSBids must conform to the terms set forth in the Procurement. Please ensure that the Technical, Administrative and Financial Proposal Submissions contain no extraneous documentation, sales literature, or other documentation. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Proposal non-responsive and may result in rejection of the Proposal. Extraneous terms submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts, or other documents) that are attached or referenced with submissions shall not be considered part of the Proposal or resulting Contract, but shall be deemed included for informational or promotional purposes only.

In general, a material deviation is one that would (i) impair the interests of NYS, (ii) place the successful Bidder in a position of unfair economic advantage, (iii) place other Bidders at a competitive disadvantage, or (iv) which, if it had been included in the original RFP, could have formed a reasonable basis for an otherwise qualified Bidder to change its determination concerning the submission of a Proposal.

Each proposed Extraneous Term must be specifically enumerated in writing and specify the particular RFP section that Bidder proposes to modify and the reasons why the change would be in the best interest of the State. Any extraneous terms must be submitted during the Question and Answer time period as identified in the RFP Calendar of Events, using the Vendor Questions and Extraneous Terms Form attached to this RFP. Extraneous terms submitted after this Question and Answer time period including as part of the Bidder's Proposal will not be considered.

In addition to, but not in lieu of, its response to the RFP’s stated requirements, the Bidder may propose supplemental, “or equal”, additional or alternative terms (Extraneous Terms) to the stated requirements within the Proposal, provided that, in the State’s sole judgment, the Extraneous Term(s) does not constitute material deviations to the stated requirements. Proposed Extraneous Term(s) may only be considered by the State to the extent that such Extraneous Term(s) constitute non-material deviations from the requirements set forth in the RFP as determined by the State in its sole discretion.

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http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html


EXTRANEOUS TERMS MUST MEET ALL THE FOLLOWING REQUIREMENTS TO BE CONSIDERED:

a) The extraneous term must have been submitted during the Question and Answer time period as identified in the RFP Calendar of Events.

b) The extraneous term must be accepted by ITS in writing.

c) ITS will not entertain any exceptions to Appendix A - Standard Clauses for New York State Contracts.

d) The extraneous term must independently satisfy the applicable requirement(s) of the RFP on its own merits.

No extraneous term shall be incorporated into the Contract unless expressly accepted by ITS in writing. Acceptance and/or processing of a Bid shall not constitute acceptance of extraneous terms.

4.3 COMMUNICATIONS FROM NYS TO VENDORSITS has established a procurement website for the purpose of disseminating information relating to this Procurement, and prospective Bidders are encouraged to monitor the site for updates. The website URL is provided on the cover page of this RFP.

4.4 PROCUREMENT RECORDITS shall maintain a Procurement Record that documents the procurement process.

4.5 BUILDING ACCESS PROCEDURES FOR VISITORS AND HAND DELIVERIES

To access the ITS office building, all visitors must present photo identification at the Security Desk and comply with other requirements. Bidders who intend to hand-deliver Proposals or utilize independent courier services should allow extra time to comply with these procedures. Bidders hand-delivering their Proposals should ask the security personnel at the security desk to call the Designated Contact(s) indicated in this RFP or the Procurement and Contracts Support Unit. Building Access procedures may change or be modified at any time. Bidders assume all risks for timely, properly submitted hand deliveries.

4.6 LIMITATION OF LIABILITY The State is not liable for any cost incurred by a Bidder in the preparation and production of a Proposal or for any work performed prior to the issuance of and OSC approval of the Contract. Additionally, no cost will be incurred by the State for any prospective Bidder or Bidder's participation in any procurement related activities. Further, Contractors shall not be reimbursed for the preparation of any PRD response(s), invoice or billing statements, or for the correction of any error in previously submitted invoices or billing statements.

4.7 DISCLOSURE OF PROPOSAL CONTENTS – FREEDOM OF INFORMATION LAW (“FOIL”)

NOTICE TO BIDDER’S LEGAL COUNSEL

All materials submitted by a Bidder in response to the RFP shall become the property of ITS and may be returned to the Bidder at the sole discretion of ITS.

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Disclosure by ITS of items related to this Procurement shall be permitted consistent with the laws of the State of New York and specifically the NYS Freedom of Information Law (FOIL) contained in Section 87 of the NYS Public Officers Law. ITS shall take reasonable steps to protect from public disclosure any records or portions thereof relating to this Contract that are otherwise exempt from disclosure under that statute. Information constituting trade secrets or critical infrastructure information, for purposes of FOIL, must be clearly marked and identified as such b y t he Co n t ra c t o r upon submission to ITS.

If the Contractor intends to request an exemption from disclosure under FOIL for trade secret materials or critical infrastructure information, the Contractor shall, at the time of submission, request the exemption in writing and provide an explanation of: (i) why the disclosure of the identified information would cause substantial injury to the competitive position of the Contractor; or (ii) why the information constitutes critical infrastructure information which should be exempted from disclosure pursuant to §87(2) of FOIL. Acceptance of the identified information by ITS does not constitute a determination that the information is exempt from disclosure under FOIL Determinations as to whether the materials or information may be withheld from disclosure will be made in accordance with FOIL at the time a request for such information is received by ITS. Contractor represents and warrants that it understands that requests to exempt the entirety of Contractor's materials from disclosure under FOIL has generally not been found to be meritorious.

4.8 NOTIFICATION OF AWARD AND OPPORTUNITY FOR DEBRIEFINGThe tentative awardee will be advised of selection by ITS through the issuance of a formal written correspondence indicating a proposed award. All Bidders will be notified of the selection, non-selection or rejection of their Bids. Should ITS and a tentative awardee be unable to reach agreement as to the terms of the Contract within a reasonable time, as determined by ITS, ITS may withdraw the award and proceed to the next highest ranked Bidder.

Once an award has been made, Bidders may submit a written request for a debriefing as to why their Bid did not result in an award. The written request must be received by the ITS Sole Designated Contact identified on the cover page of this IFB no later than fifteen (15) calendar days from the date of the award announcement. The purpose of the debriefing is to provide information to each Bidder about the scoring and evaluation of the requesting Bidder’s Bid. ITS will not provide Bidders with information about another Bidder’s Bid. This is also an opportunity for a Bidder to learn how to improve future bids.

4.9 ITS BID PROTEST POLICYThe State of New York strives to assure a fair, open and competitive procurement process. To file a Bid Protest, vendors must timely follow the procedures for filing a bid protest set forth in the ITS Bid Protest Policy which can be found at: https://its.ny.gov/document/bid-protest-policy.

4.10 ITS RESERVATION OF RIGHTSIn addition to State’s rights as reserved in RFP, Appendix C and any other rights articulated elsewhere in the RFP, ITS reserves the right to:

a. Disqualify a Bidder from receiving the award if the Bidder has previously failed to perform satisfactorily in connection with public bidding or contracts.

b. Correct Bidders’ mathematical errors and waive or modify other minor irregularities in Proposals received, after prior notification to the Bidder.

c. During the evaluation process, seek clarification information from a Bidder(s) for the purpose of assuring State's full understanding of the Bidder's responsiveness to the RFP requirements. This clarification information, if required in writing by the ITS, must be submitted in writing in

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https://its.ny.gov/document/bid-protest-policy


accordance with formats as prescribed by ITS at the time said information is requested and, if received by the due date set forth in the ITS request for clarification, shall be included as a formal part of the Bidder's Proposal. Failure to provide required information by its associated due date may result in rejection of the Bidder's Proposal. Bidder(s) may be required to participate in individual presentations to clarify its (their) Proposal(s) (e.g., Oral Presentation and Interview). Both oral and written clarifications, if any, will be considered in the proposal evaluation process. Nothing in the foregoing shall mean or imply that it is obligatory upon the State to seek or allow clarifications as provided for herein.

d. Waive any non-material requirement not met by all Bidders.

e. Not make an award from this RFP.

f. Prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available.

g. Waive any requirements that are not, as deemed by the State, material.

h. If two or more Proposals are found to be substantially equivalent, an award will be made pursuant to State Finance Law Section 163 (10)(a).

i. Use the following in the course of evaluation and selection under the RFP: (i) Proposals; (ii) information obtained through the State’s investigation of Bidder(s), including the Bidder’s qualifications, experience and ability; (iii) Bidder’s financial standing; (iv) any information pertinent to the evaluation of Proposals which may be obtained or received by the State; (v) Oral Presentations; (vi) any material or information submitted by the Bidder(s) in response to any State requests for clarifying information, if any; and may include (vii) Management Interviews (viii) interviews of any or all of an Bidder’s Key Staff; and (ix) Site Visits (Note: Any Site Visits conducted will be used to confirm information provided by the Bidder.)

j. Modify, correct, and/or clarify stipulated requirements at any time during the Procurement, provided that any such modification/correction and/or clarification does not materially benefit or disadvantage any particular Bidder or materially disadvantage any non-Bidder;

k. Eliminate requirements unmet by all Bidders;

l. For the purpose of ensuring the completeness and comparability of Proposals, analyze submissions and make adjustments or normalize submissions in the Proposal(s), including the Bidder’s technical assumptions, and underlying calculations and assumptions used to support the Bidder’s computation of costs, or to apply such other methods as it deems necessary to make level comparisons across Proposals and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an Bidder’s Proposal and/or to determine an Bidder’s compliance with the requirements of the RFP; and

m. Set aside the original selected Bidder if it is subsequently determined by the State that the Bidder is non-responsible or non-responsive. ITS may then invite the next highest ranked Bidder to enter into negotiations for purposes of executing an agreement.

n. At any time prior to award, withdraw a PRD request.

o. Waive minor irregularities and/or omissions in Contractor responses to a PRD if the State determines the best interests of the State will be served.

p. During the Tier 2 evaluation process, to seek clarification information from a Contractor for the purpose of assuring ITS’ full understanding of the Contractor’s responsiveness to the PRD requirements. This clarification information must be submitted in writing in accordance with formats as prescribed by ITS at the time said information is requested and, if received by the due date set forth in ITS’ request for clarification, shall be included as a formal part of the Bidder’s response to the PRD. Failure to provide required information by its associated due date may result in rejection of the Bidder’s offer. Nothing in the foregoing shall mean or imply that it is obligatory upon ITS to seek or allow clarifications as provided for herein.

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q Disqualify any Contractor whose conduct and/or response fails to conform to the requirements of the Contract or PRD.

SECTION 5 - PROPOSAL REQUIREMENTS

5.1 PROPOSAL DELIVERY INSTRUCTIONSAll Proposals must be submitted and received by the Proposal Due Date and Time Deadline specified in RFP Calendar of Events. Proposals received after the Proposal Due Date and Time Deadline shall be rejected.

If a Bidder is using a commercial delivery company that requires that their shipping package or envelope be used, the Bidder’s Proposal must be placed within a second sealed envelope labeled as detailed below. This will ensure that the Bidder’s Proposal is not prematurely opened.

Complete Proposals submitted in response to this RFP are to be packaged, sealed and submitted to the Office of Information Technology Services to addresses pursuant to the cover page of this RFP.

For those Bidders who plan to hand deliver their Proposal to ITS, arrangements for acceptance of the package must be made in accordance with ITS security procedures. To make such arrangements, ITS requests that the Bidder notify ITS’ Designated Content of its intent not less than forty-eight (48) hours prior to delivery. Bidders are advised that they must allow extra time to comply with the Building Access procedures in effect at the Empire State Plaza when hand delivering Proposals or using deliveries by independent courier services.

Bidders are solely responsible for timely delivery of their Proposal to ITS prior to the stated Proposal Due Date and Time Deadline. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the State, shall not excuse late bid submissions. If the Proposal is delivered by mail or courier, ITS recommends that it be sent "return receipt requested," so the Bidder obtains proof of timely delivery. Phone, facsimile and e-mail submission of Proposals will not be accepted for this RFP. Proposals accepted in response to this RFP will not be opened publicly. Any Proposal received after the Proposal Due Date and Time Deadline will be considered a late bid. No exceptions will be made for late submission or delays in delivery of the Proposal. A late bid shall not be considered for award and may be returned, unopened to the sender.

5.2 PACKAGE LABELAll Proposals must have a label on the outside of the package or shipping container with the following information:

RFP C000539 Technical Services Allocation - PROPOSAL ENCLOSED

NOT TO BE OPENED EXCEPT BY AUTHORIZED PERSONNEL

Bidders assume all risk of late delivery associated with the Proposal not being identified, packaged, or labeled in accordance with the foregoing requirements herein this section 5.2 and 5.1 above. In the event that the Bidder fails to provide such information on the cover of the sealed packages, the State reserves the right to open the package to determine its contents. Bidder shall have no claim against the State arising from such opening and such opening shall not affect the validity of the Procurement.

5.3 GENERAL REQUIREMENTS FOR PROPOSALSEach Bidder must hold its offer firm and binding for a period of at least three hundred sixty-five (365) days from the Proposal Due Date and Time Deadline date as set forth in the RFP Calendar of Events table of this RFP. In the event that the Contract is not approved by OSC within the three hundred sixty-five (365) day period, the Bidder’s offer shall remain firm and binding until the Contract is approved by OSC, unless the Bidder delivers to ITS written notice of withdrawal of its Proposal.

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Bidders must submit a complete Proposal response to this RFP that satisfies the requirements set forth below. Failure to do so may render the Bidder’s Proposal non-responsive. A Proposal Submission Requirement Checklist is included in this RFP as Attachment 1.

Proposals that make extensive use of color photographs or illustrations, or that include separate brochures or marketing materials and overly elaborate embellishments, are discouraged.

All Proposals submitted in response to this RFP, must be written in the English language with quantities expressed using Arabic numerals and prices/rates presented in United States Dollars ($ USD).

5.4 PROPOSAL CONTENT AND FORMATTING REQUIREMENTSTo be considered responsive, the Bidder must submit a complete Proposal that satisfies and addresses all requirements stated in this RFP. (Failure to comply with the formatting requirements herein below may at ITS’ discretion, result in the Proposal being deemed non-responsive and may in rejection of the Proposal.)

a. Proposal ContentThe Proposal must be organized in three (3) separate parts: (1) Administrative Proposal, (2) Technical Proposal, and (3) Financial Proposal (collectively referred to herein as “Submissions”). A Table of Contents must clearly identify the location of all material within the Submissions by section and page number. All Proposals must be completed in ink or machine produced. Proposals submitted handwritten in pencil will be disqualified. Each part must contain the official name of the Bidder, its FEIN and NYS Vendor ID number.

Each part must indicate its content and be labeled, as applicable: ADMINISTRATIVE, TECHNICAL or FINANCIAL PROPOSAL. Bidders must submit a complete response to this RFP in conformance with the format, content and administrative requirements set forth below. The three packages must contain the following information. Failure to submit all of the following information may render the Bidder’s Proposal non-responsive. Minor omissions deemed not critical may be corrected at the sole discretion of the State.

1. The Bidder must submit a total of two (2) separate original hard copies for each of the Administrative, Technical, and Financial Proposals. The Bidder must also supply five (5) additional hard copies of the Technical Proposal.

2. The Bidder must submit two (2) electronic versions for each of the Administrative, Technical, and Financial Proposals. Electronic media must be included on USB Flash Drives*. These electronic versions are to be sealed with the corresponding hard copy. All Technical and Cost Proposal submissions must be stored in unlocked files in Microsoft Word, Microsoft Excel, Microsoft Project, Visio or Adobe Acrobat, as applicable. All other materials must be stored in currently available releases of either Adobe or Microsoft Products.

*Should there be a discrepancy between the USB Flash Drives or other common media and the original hard copy, the hard copy takes precedent. USB Flash Drives or other common media must be formatted to only allow “Read & execute, List folder contents, and Read” permissions. USB Flash Drives or other common media that include encryptions will not be accepted. Bidder must disable any write or modify permissions on the USB Flash Drive or other common media specifically prior to submittal.

3. The hard copy of the Administrative, Technical, and Financial Proposals must be separately sealed and labeled. The official name of the Bidder’s organization(s) as well as the name and number of the RFP must appear on the outside front cover of each copy. The electronic copy of the Administrative, Technical, and Financial Proposals must be separately sealed and labeled.

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4. The Bidder must NOT include any cost information in the Technical Proposal in either the hard copy or the electronic submission. Inclusion of such cost information in the Technical Proposals may result in disqualification of the Proposal.

5. In the event that there are any inconsistencies between the electronic Submissions and the hard copy Submissions, or between multiple hard copy Submissions for each of the three (3) parts of the Proposal, the Original, wet ink, hard copy will be deemed controlling by ITS when reviewing each Proposal.

6. Please ensure the Administrative, Technical, and Financial Submissions contain no unrequested documentation, sales literature or other terms. Additional term(s) submitted on standard, pre-printed forms (including but not limited to: Product literature, order forms, license agreements, standard contracts or other documents) that are attached or referenced in a Bidder’s Proposal shall not be considered part of the Bidder’s Proposal, but will be deemed by the State to be included for informational or promotional purposes only.

7. All Proposals accepted by the State shall become the property of the State of New York and may or may not be returned to the submitting entity at sole discretion of the State.

8. Bidders are responsible for the accuracy of information submitted in their Proposal and responses to clarification requests of their Proposal by the State, if any. Bidders are directed to take extreme care in developing their Proposals and clarification responses, if any, and are cautioned to carefully review their Proposal and clarification responses, if any, prior to their submission.

In order for the State to evaluate Proposals fairly and completely, Bidders must follow the format set forth herein and must provide all of the information requested. All items identified in the following list must be addressed and as concisely as possible in order for a Proposal to be considered complete. Failure to conform to the stated requirements may necessitate rejection of the Proposal.

During the Proposal evaluation process, a Bidder(s) may be requested to provide clarification information regarding its/their Proposal. Bidder’s clarification responses to such requests, if any, will be considered a formal part of the Bidder’s Proposal. If further clarification is needed during the evaluation period, ITS will contact the Bidder. Unsolicited clarification information submitted by a Bidder after the Proposal Due Date and Time shall not be accepted by the State nor deemed part of the Bidder’s Proposal.

Note: ITS reserves the right to request any additional information deemed necessary to ensure that the Bidder is able to fulfill the requirements of the Contract.

b. Formatting Requirements

The Administrative Proposal, Technical Proposal and Financial Proposal each must comply with the following formatting requirements:

1 Binding of Proposal: The Administrative, Technical and Financial Proposals must be separately bound. The official name of the organization(s) as well as the name and number of the RFP must appear on the outside front cover of each copy of the Bidder's Administrative, Technical and Financial Proposal. If the Proposals are submitted in loose-leaf binders, the official name(s) of the organization(s) as well as the name and number of the RFP must appear on the spine of the binders;

2 Table of Contents: Each Proposal must include a table of contents;

3 Index Tabs: Each major section of the Proposal and each exhibit/attachment/appendix must be labeled with an index tab that completely identifies the title of the section, or exhibit, attachment or appendix as named in the table of contents; and

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4 Pagination: Each page of each of the three (3) parts of the Bidder’s Proposal, must be numbered consecutively from its beginning through all appended material.

5.5 TECHNICAL PROPOSAL REQUIREMENTS **DO NOT INCLUDE ANY COST DATA IN THE TECHNICAL PROPOSAL**

The Bidder’s Technical Proposal should contain responses to all of the following sections as set forth below (i.e., Section 5.5.1 through Section 5.5.7) in the formats as specified and, as applicable, using the forms set forth in RFP, Attachments 18, 20,21, 31, 32 and 33. The Bidder’s Technical Proposal must be furnished in hard copy, with electronic version in Microsoft Word, Microsoft Excel, Microsoft Project, Visio or Adobe Acrobat, as applicable. In the event of a discrepancy, the hard copy shall govern.

The Technical Proposal should contain the following information, in the order enumerated below:

5.5.1 Organizational OverviewThe Bidder must possess the administrative and organizational capacity, experience and expertise to provide the required Project Services as set forth in the RFP and the administrative structure to oversee the billing, payment and processing of invoices to ITS for work performed under the Contract. To demonstrate that it meets or exceeds these requirements, at this part of its Technical Proposal, the Bidder should submit an Executive Summary that includes:

(1) The name and address of the Bidder’s main and branch offices and the name of the senior officer who will be responsible for this account;

(2) A concise description of the Bidder’s understanding of the requirements presented in the RFP, ITS’ needs, approach, and how the Bidder can assist ITS in accomplishing its objectives;

(3) A succinct statement outlining corporate/business history including a general mission statement, the overall number of employees per position, and other general information about the firm in support of the Bidder’s representation that it has maintained an organization capable of performing the work specified herein this RFP, in continuous operation for at least the past eight (8) years and that it has provided services comparable to the Project Services outlined in this RFP continuously during said period.

(4) Complete the table provided in Attachment 31 entitled, “Customer Placements by Organization”, in accordance with the instructions contained therein, indicating the overall number of new customer placements the Bidder has fulfilled annually in the each of the last five (5) year time periods (i.e., 6/1/2013 – 5/31/2018) and of those amounts how many were placed in:

a. Federal governmental agencies,

b. NYS governmental agencies,

c. NYC governmental agencies,

d. Health and Human Services Organizations, or

e. Other (i.e., NYS local governmental agencies [other than NYC], other states’ state and local governmental agencies, and private industry customers).

(5) Complete the table provided in Attachment 32 entitled, “Customer Placements by Job Title”, in accordance with the instructions contained therein, indicating, by Job Title, the overall number of new customer placements the Bidder has fulfilled annually in the each of the last five (5) year time periods (i.e., 6/1/2013 – 5/31/2018) (use the job titles and associated descriptions in RFP, Appendix L in developing the table). If a placement(s) was for a technical professional position not listed in the table but falls within the scope of Appendix L, include the placement under the category “Other”.

(6) A description of the activities the Bidder is proposing to undertake to begin serving ITS as a client if selected in response to this RFP.

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(7) A statement specifying its agreement to and, as applicable, explain how it will:

a. Maintain an adequate organizational structure and resources sufficient to discharge its contractual responsibilities including monitoring and completing of deliverables, invoicing, billing and personnel issues.

b. Provide for normal day-to-day communications and maintain a Contractor Sole Point of Contact (Contract Manager) for proper communication and performance of all contractual responsibilities.

c. Substitute any employee whose continued presence would be detrimental to the success of the State’s efforts with an employee of equal or better qualifications.

d. Attend meetings as needed relating to Contract performance.

e. Cooperate fully with State’s staff, its advisors and any other contractors and/or subcontractors who may be engaged by the State relative to the Services.

5.5.2 Bidder Qualifications Per RFP Section 2.2, Bidders must meet the minimum qualification as set forth in RFP section 2.2.1. To evidence that the Bidder meets or exceeds said qualifications, the Bidder must complete and submit Attachment 20 entitled Minimum Bidder Qualifications.”

5.5.3 Key Subcontractors (1) Corporate/Business Background of Subcontractor - At this part of its Technical Proposal, the

Bidder must identify all Key Subcontractors, if any, that the Bidder will be subcontracting with to provide Project Services.

If the Bidder will not be subcontracting with any Key Subcontractor(s) to provide Project Services, the Bidder should provide a statement to that affect at this part of its Technical Proposal.

(2) History of Working with Proposed Subcontractor- If sub-contractors are part of the Bidder’s Proposal, prior engagement descriptions may include engagements conducted by the subcontractor(s). The description of Bidder's prior experience shall include information about its history working with the proposed subcontractors (e.g., nature of relationship, number of engagements worked together, duration of engagements, budget of engagement, percent split between firms).

5.5.4 Project OverviewAt this part of its Technical Proposal, the Bidder must provide a Project Overview that contains the information solicited of Bidders as set forth.

The Project Overview shall be in the form of a narrative description of the concise process that the Bidder proposes be used when the State solicits candidates to perform Services via the issuance of a PRD. The process must detail the elapsed time between each step of the process. In addition, the Bidder must describe the process it will utilize to:

• Identify potential candidates and validate that the potential candidate’s experience/expertise meets the requires of the position for which services are being sought via the PRD;

• supplement the Bidder’s resume pool if desired candidates are not available for a current PRD;

• rapidly replace a Consultant(s) when the State finds that the Consultant is unacceptable or is otherwise unable to perform the tasks set out in a PRD; and

• monitor the work performance of a Contractor supplied Consultant(s).

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5.5.5 Contractor’s Contract ManagerAt this part of its Technical Proposal specify the individual that the Bidder is proposing to serve as the Contractor’s Sole Point of Contact. The designated Contract Manager shall serve as the Contractor’s representative and the State’s prime contact with regard to all provisions of the Contract, including certifying the accuracy of all Contractor invoices prior to their submission to the State, including Consultant travel reimbursement related invoices, if any. The designated Contract Manager shall be named in the Technical Proposal, with a resume for said individual provided. During the term of the Contract no substitute shall be appointed by the Contractor without the prior written approval of the State. The Contractor’s Contract Manager shall not be a direct billable service.

5.5.6 Bidder ReferencesBidder must provide information which demonstrates that Bidder can successfully undertake and support the timely availability of Consultants with the expertise as set forth in RFP. The Bidder must provide a minimum of three (3) (maximum of five [5]) current project experience(s) (hereinafter “Bidder Reference”) in the specified format. The Bidder Reference provided must be for current engagements that have been in place for at least one year and the Bidder must have fulfilled at least ten (10) customer placements of which at least three (3) of the placements must have been in the Job Titles set forth in Appendix L. Bidder References should reflect the Bidder’s ability to provide services of similar scope, size, and complexity to that as set forth herein this RFP. The Bidder shall be solely responsible for providing contact names and phone numbers for each Bidder Reference who are willing to serve as a reference for the Bidder and who are readily available to be contacted by the State. See Attachment 21- Bidder References.

5.5.7 Consultant ProfileAt this part of its Technical Proposal, the Bidder must complete Attachment 33 entitled “Consultant Profile” for three (3) individuals that the Bidder has placed with a client(s) for each of the following Job Titles/Job Levels: Business Analyst - Level III, Architect – Level III and Program Manager – Level III. The individuals must have either been placed within the past two years or earlier at the rate proposed by the Bidder or lower. If earlier, the individual must have been providing services for the client at some point during the past two years (e.g., individual was placed four [4] years ago, and continued providing service over the next three [3] years).

5.6 FINANCIAL PROPOSAL REQUIREMENTSATTACHMENT 22 SUBMISSION INSTRUCTIONS:

Pricing Schedule:At this part of the Financial Proposal, the Bidder must submit its proposed “Not to Exceed” hourly rates in the format specified in RFP, Attachment 22 – Financial Proposal Workbook based upon the instructions and assumptions below and contained in the attachment.

The Financial Proposal will be evaluated for reasonableness of rates. The Bidder must propose “Not to Exceed” hourly rates for the first year of the Contract Term for ALL the Job Titles. FAILURE TO PROPOSE “NOT-TO-EXCEED” HOURLY RATES FOR ALL OF THE JOB TITLES FOR BOTH ALBANY AND NYC WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE. Rates quoted must be inclusive of any and all direct and indirect costs, including, but not necessarily limited to: all administrative, reporting or other requirements; all travel costs excluding travel as outlined in Section 3.2(b) of this RFP and as expressly approved by ITS, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc. and services not explicitly stated in the RFP, but necessarily attendant thereto; and all overhead costs, fees and profit. In developing its “Not-to-Exceed” hourly rates, Bidders are advised that in developing their proposed “Not-to-Exceed” hourly rates (and if selected for

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contract award, their Best and Final Pricing), that the Contractor(s) will not be reimbursed for additional taxes incurred by a Consultant because of his/her compensatory status.

5.7 ADMINISTRATIVE PROPOSAL REQUIREMENTS**DO NOT INCLUDE ANY COST DATA IN THE ADMINISTRATIVE PROPOSAL**

The Bidder’s Administrative Proposal must contain responses to all documents described in RFP, Attachment 1. The Bidder’s Administrative Proposal must be furnished in hard copy, with electronic versions in Microsoft Word, Microsoft Excel, Microsoft Project, Visio or Adobe Acrobat, as applicable. In the event of a discrepancy, the hard copy shall govern. Failure to use the documents provided will result in the Bidder’s Proposal being deemed non-responsive.

SECTION 6 - EVALUATION METHODOLOGYITS will evaluate Bidders’ Proposals and Contractors’ responses to PRDs using the evaluation methods, procedures, and criteria contained in this Section 6. Pursuant to Article XI of the State Finance Law, the basis for award, both for Tier One and Tier Two, shall be on a Best Value basis, as defined in NYS Finance Law, Article 11. The Tier One award of the contract(s) resulting from this RFP will be made to those qualified Bidder(s) whose Proposal(s) is/are determined to provide the “Best Value” to the State as described in RFP, Section 6.1 below. Tier Two awards of Contractors’ responses to PRDs will also be made on the basis of Best Value as described in RFP, Section 6.2. In both instances, award shall be based on the objective and quantifiable analysis as described herein this Section 6 of the RFP. In regard to Tier One contract award, twenty percent (20%) of the overall award will be based on the Bidder’s Financial Proposal and eighty percent (80%) of the overall award will be based on the Bidder’s Technical Proposal. In regard to Tier Two, award shall be based on an objective and quantifiable analysis with seventy (70%) of the overall award based on the qualifications of candidates proposed in response to a Personnel Request Document (PRD) and thirty percent (30%) of the overall award based on the Contractor’s Best and Final Pricing. “Best Value” means the basis for awarding Contracts/PRDs to a responsible and responsive Bidder(s)/Contractor(s) whose offer optimizes quality, cost and efficiency, and which is consistent with the best interests of NYS. A committee of public employees will evaluate responsive and responsible Bidders’ Proposals for all of the requirements specified in this RFP, in accordance with the evaluation criteria set forth in RFP Section 6 entitled, “Evaluation Methodology.

6.1 TIER ONE EVALUATION/SELECTION PROCESSInitially, Contractors will be selected as a result of the Tier One evaluation/selection processes described below. All Proposals will be evaluated based on the criteria listed in this Section 6.1. ITS evaluates Proposals for goods and services in an objective, comprehensive manner designed to benefit both the State and participating Bidders. Through this process ITS identifies vendors who will best meet its needs and will be cost-effective. ITS further intends that all Proposals will be evaluated uniformly and consistently, ensuring Bidders that each has an equal opportunity to be considered. The Technical and Financial evaluations referenced herein will be conducted separately from one another to ensure that the Bidders’ Technical Proposals are evaluated on their merits before consideration of cost data.

ITS intends to make up to three (3) Tier One contract awards as a result of this RFP.

Proposals received in response to this RFP shall be subject to the following evaluation process:

6.1.1 Proposal Completeness Review After the Proposal opening, each Proposal will be screened for completeness and conformance with the RFP requirements. Proposals that do not meet the RFP requirements may be deemed non-responsive, removed from further consideration, and the Bidder notified accordingly. Proposals that pass will proceed to the Minimum Qualifications Evaluation.

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6.1.2 Minimum Qualifications EvaluationProposals submitted by Bidders will be evaluated on a Pass/Fail basis to determine whether they satisfy the RFP’s Minimum Bidder Qualifications. Proposals that fail to meet these minimum qualifications will be deemed non-responsive, will not be further evaluated, and the Bidder will be notified accordingly. Passing proposals next proceed to the Technical and Financial Evaluations. Bidders may still be disqualified if it is later determined that the Bidder did not meet all of the RFP minimum qualifications and should not have qualified to move on to the Technical and Financial Evaluations stage. Please see Attachment 20- Minimum Bidder Qualifications.

6.1.3 Technical Proposal EvaluationThe Technical Proposals of those Bidders who pass the above Pass/Fail screenings will be evaluated based on their content, responsiveness to the requirements, and references provided, the Bidder’s qualifications, experience, and ability. Please note the Technical Proposal consist of Attachment 18 - Technical Proposal Forms, Attachment 21 Bidder References, Attachment 31 – Customer Placements by Organization, Attachment 32 - Customer Placements by Job Title, and Attachment 33 – Personnel Forms. The Technical Proposal will be weighted at 80% of the overall total. The Technical Evaluators will independently score each Technical Proposal using a weighted average to calculate the Technical Score for each responsive Bidder. As previously stated, for each Bidder Reference, the Bidder shall be solely responsible for providing contact names and phone numbers for each Bidder Reference who are willing to serve as a reference for the Bidder and who are readily available to be contacted by the State.

6.1.4 Financial Proposal Evaluation The Financial Proposals (Attachment 22- Financial Proposal Workbook) of those Bidders who pass the above Pass/Fail screenings will be evaluated by ITS. ITS will examine the Financial Proposal documents and review them for responsiveness to the financial requirements. If a Financial Proposal is found to be non-responsive, that Proposal will be eliminated from consideration. All complete, responsive Financial Proposals will receive a financial score.

Financial Proposals will be evaluated on a pre-determined formula using the Bidders’ proposed Not-to-Exceed hourly rates for each Contract Year. The maximum score (20 points) will be allocated to the Proposal with the lowest cost according to this formula. All other Proposals will receive a proportionate score to the Proposal with the lowest cost, according to the following formula:

Financial Proposal points awarded = 20 potential points x (Lowest Calculated Bid Amount/ Calculated Bid Amount of Proposal being Scored)

6.1.5 Administrative Proposal Evaluation No points awarded to the Administrative Proposal.

6.1.6 Final Composite ScoreA final composite score will be calculated by adding the Technical Proposal score to the Financial Proposal score. The Proposals will be ranked based on the combined scores. The three highest ranked Bidders with the highest composite score may receive tentative awards, subject to successful contract negotiations and approval by the Attorney General and Office of the State Comptroller.”

Those Bidders receiving the same final composite score will receive the same initial ranking. In the event of ties among the Bidders in the three highest ranks, the Financial Proposals of the tied Bidders will be ranked and the rank order will be revised to include those Bidders consistent with the rank of their Financial Proposals. ITS will award contracts to the three (3) highest ranked Bidders. If the Financial Proposal ranking does not resolve the tie(s), ITS reserves to right to select the winner at its sole discretion or make award to all of the tied Bidders.

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6.2 TIER TWO EVALUATION/SELECTION PROCESSThe process described herein this Section 6.2 of the RFP will be used by ITS after Bidders receive awards through the Tier One evaluation process (Contractors), and ITS determines that Services are required. Through the RFQ process ITS will send a PRD to all of the Contractors requesting: 1) the resumes of up to, but not more than, three (3) Candidates per position, available at that time for the anticipated duration and who meet the minimum qualifications for the job title(s) being sought; and 2) Best and Final Pricing for said proposed Candidate(s). Contractor(s) must notify ITS in writing by the requested PRD response deadline date whether or not the appropriate resources can be provided. If the Contractor(s) decides appropriate resources can be provided as requested, a response with the individual resume(s) of the Candidate(s) offered and associated Best and Final Pricing must be provided by the response deadline date indicated in the PRD request. Rates proposed are “Best and Final” and cannot exceed the Not to Exceed Hourly Rates as set forth in the Contract for the job title(s) being sought via the PRD request. Any Contractor submitting rates that exceed its Not to Exceed Hourly Rates will be considered non-responsive in respect to said Candidate(s).

ITS will evaluate Candidate Profiles and resumes and conduct Candidate Interviews and the Best and Final Pricing as described below:

6.2.1 Pass/Fail Screening Contractor’s responses will be screened on a pass/fail basis for timelines, completeness, and responsiveness to the requirements stated in the PRD. Responses that do not pass this Level Pass/Fail screening may be deemed non-responsive and removed from further consideration.

6.2.1 Technical EvaluationThe candidate(s) offered by those Contractors whose responses pass the Pass/Fail screening will be evaluated based on an evaluation of the qualifications, experience, and ability of the proposed candidate(s), as ascertained from a review of Candidate Profiles and resume(s) and Candidate Interviews, and scored based on a weighted scoring system. The Candidates technical score will be weighted at 70% of the overall total award.

6.2.2 Financial EvaluationIf selected, the Contractors, when responding to an ITS request to provide a Consultant(s) via a PRD, will not be permitted to quote or charge rates higher than the “Not to Exceed” hourly rates as quoted in its Proposal, subject to the escalation provision set forth in Appendix C. On a PRD-by-PRD basis, Contractors may, however, propose “Best and Final Pricing” hourly rates that are lower than the “Not to Exceed” hourly rates as quoted in the Proposal. As with the “Not-to-Exceed hourly rates, “Best and Final Pricing” rates as quoted must be inclusive of any and all direct and indirect costs, including, but not necessarily limited to: all administrative, reporting or other requirements; all travel costs excluding travel as outlined in Section 3.2(b) of the RFP document, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc. and services not explicitly stated in the RFP, but necessarily attendant thereto; and all overhead costs, fees and profit.

The rates quoted by the Contractor in its Best and Final Pricing submission in response to a PRD shall be the sole and exclusive rates chargeable to and payable by the State for the Consultant(s) which are the subject of the associated PRD. Invoicing for Contractor provided Consultant(s) shall be based on the Best and Final Pricing rates quoted by the Contractor in response to a specific PRD for actual hours worked. Said invoicing will include at a minimum the name(s) of Consultant(s) being billed along with total hours worked for the given billing period, for each Consultant, signed by the Contractor. Such information will be supported by copies of the time sheets, which will include the daily hours worked by the respective Consultant(s) attached to invoices as backup for the invoice submitted.

The Best and Final Pricing quotes of those Contractors whose responses pass the Pass/Fail screening will be evaluated and scored on a weighted scoring system.

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The Financial Score(s) for each Candidate will be calculated using Microsoft Excel based on the formula set forth below, with the lowest “Best and Final Pricing” amount receiving the maximum points.

Financial Proposal points awarded = 30 Total Cost points x (Lowest Best and Final Pricing/Best and Final Pricing of Candidate being Scored

6.2.3 Final RankingThe results of the Technical and Financial Evaluations will be combined to calculate a Candidates Total Combined Score. Candidates will be ranked based on the Candidates Total Combined Scores. Award of the PRD will be made to the highest ranked Candidate. Should two or more Candidates achieve the highest Total Combined Score; the determining factor for purpose of selection will be the Candidates’ Financial Scores with award made to the Candidate with the highest Financial Score. In the event that two or more Candidates achieve the highest Total Combined Score and two or more of those Candidates also achieve the highest Financial Score; then said Candidates will be deemed to be substantially equivalent and the decision to award the PRD to one Candidate over the other(s) shall be made by the ITS, in its sole discretion.

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agency overview · web viewthe bidder’s technical proposal must be furnished in hard copy, with...

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