IV. ADMINISTRATIVE REQUIREMENTS
A. Vendor Instructions
1. Conformity to Instructions
Vendors must conform with all RFP instructions and conditions when responding to this RFP. The State, at its discretion, may reject as nonconforming any proposal that deviates significantly from the specifications of this RFP.
2. Vendors Not Submitting Proposals
Vendors that are provided with a copy of this RFP and that choose not to offer a proposal to the State are asked to submit a negative reply to verify their receipt and consideration of the RFP.
3. Identifying RFP Communications
All proposals and other communications with the State regarding this RFP must be submitted in writing in sealed envelopes or cartons clearly indicating it is in reference to RFP OSC-001-2000. As indicated above, use of e-mail is appropriate for submitting questions.
4. Acceptance of Administrative Requirements
The completed and signed Vendor Proposal Validation and Authentication Statement indicates that the vendor accepts the administrative requirements of this RFP. Failure to include this statement may result in the State's rejection of the proposal.
5. Exclusion of Taxes from Prices
The State of Connecticut is exempt from the payment of excise and sales taxes imposed
by the Federal Government and/or the State. Vendors remain liable, however, for any other
applicable taxes.
6. Restrictions on Contacts with State Personnel
From the date of release of this RFP until a contract is awarded as a result of this RFP, all contacts with personnel employed by or under contract to the State of Connecticut are restricted. During the same period, no prospective vendor shall approach personnel employed by or under contract to State or any other State agency participating in the evaluation of proposals, or any other related matters. An exception to the foregoing will be made for vendors who, in the normal course of work under a valid contract with other State agencies, need to discuss legitimate business matters concerning the relationship of their work.
Violation of these conditions may be considered sufficient cause by the State to reject a vendor's proposal, irrespective of any consideration.
7. Small/Minority Business Enterprise Set-Aside
Proposers are asked to provide documentation demonstrating what efforts they will make to utilize currently certified Department of Administrative Services (DAS) small and small minority business enterprises as subcontractors on the System Implementation portion of this project. Compliance with CGS 32-9e may be a requirement for the contract for the System Implementation Phase. If this is the case, proposers will be required to provide reports detailing level of compliance throughout the existence of the contract.
Connecticut General Statute (CGS) 32-9e- (Set-aside program for small contractors, minority business enterprises, individuals with a disability and nonprofit corporations) requires that State agencies set-aside no less than 25% of the value of all contracts to DAS-certified small business enterprises (SBE) and no less than 25% of that amount to certified minority business enterprises (MBE).
The eligibility requirements for being certified as an SBE are the following:
The eligibility requirements for being certified as an MBE are the following:
For information about the Set-Aside Program please write or call:
The Department of Administrative Services
Business CONNections/Set-Aside Unit
165 Capitol Ave. Room G-8A
Hartford, Connecticut 06106
(860) 713-5236
or visit the following web-site: www.das.state.ct.us/busopp.htm
The DAS 2000 Set-Aside Electronic Directory contains the names of the currently certified SBEs and MBEs. This directory may be found by visiting the above web-site.
B. Other Conditions
1. Amendment or Cancellation of RFP
The State reserves the right to amend or cancel this RFP at any time if it deems it to be in the best interest of the State to do so.
2. Proposal Modifications
No additions or changes to any vendor's proposal will be allowed after the proposal due date, unless such modification is specifically requested by the State.
3. Control of RFP Events and Timing
Timing and sequence of events resulting from this RFP will be determined by the State.
4. Proposal Expenses
The State of Connecticut assumes no liability for payment of any costs or expenses incurred by any vendor in responding to this RFP.
5. Acceptance or Rejection of Proposals
The State reserves the right to accept or reject any or all proposals submitted for consideration in whole or in part; and to waive minor technical defects, irregularities, or omissions, if, in its judgment, the best interest of the State will be served.
6. Ownership of Proposals
All proposals shall become the sole property of the State.
7. Execution of Contract
This RFP is not a contract and, alone, shall not be interpreted as such. Rather, this
RFP only serves as the instrument through which proposals are solicited.
Once the evaluation of the proposals is complete and a proposer is selected, the selected proposal and this RFP then serve as the basis for a contract that will be negotiated and executed between the State/OSC and the selected proposer. This RFP and the proposal will likely be attached to the contract as exhibits.
If for some reason the State/OSC fail to reach consensus on the issues relative to the contract, then the State/OSC may commence contract negotiations with the proposer who submitted the next best proposal and so on until either a contract is executed or the State/OSC decides to start the RFP process again.
The contract may include a liquidated damages clause.
8. Oral Agreement or Arrangements
Any alleged oral agreements or arrangements made by vendors with any State agency or employee will be disregarded in any State proposal evaluation or associated award.
9. Insurance
The successful proposer and any subcontractors shall, at its (their) own expense, carry the following insurance. The insurance will be obtained from an insurance company licensed by the State of Connecticut and rated B+ or better by Best Rating Group; it will remain in effect throughout the duration of the contract period. Any and all of the certificates of insurance requirements must be furnished to the OSC upon request.
9.1 Bid Bond- in an amount equal to five percent of the proposal cost.
9.2 Payment and Performance Bond- in an amount to carry out the contract as specified in all the proposal specifications.
9.3 Comprehensive General Liability Insurance - in an amount of $1,000,000 with an aggregate of $10,000,000. The successful proposer will also carry a Broad Form CGL Endorsement and a Non-owned and Hired Auto Endorsement.
9.4 Directors and Officers Insurance- in the amount of $1,000,000.
9.5 Professional Liability Insurance- in the amount of $2,000,000 for Phase I. Limits for Phase II will be set during contract negotiations for Phase II.
9.6 Worker's Compensation and Employer Liability -
Bodily injury by accident - $100,000 (each accident)
Bodily injury by disease - $500,000 (policy limit)
Bodily injury by disease - $100,000 (each employee).
9.7 Auto Liability- in the amount of $1,000,000 combined single limit.
10. Vendor Presentation of Supporting Evidence/Surety
Vendors must be prepared to provide any evidence of experience, performance ability, and/or financial surety that the State deems to be necessary or appropriate to fully establish the performance capabilities represented in their proposals.
11. Vendor Misrepresentation or Default
The State will reject the proposal of any vendor and void any award resulting from this RFP to a vendor who materially misrepresents any product or defaults on any State contract.
12. Conformance of Awards with State Statutes
Any award resulting from this RFP must be in full conformance with State of Connecticut statutes and published procedures covering IT procurements.
13. Erroneous Awards
The State reserves the right to correct inaccurate awards, including canceling an award and contract, resulting from its clerical errors.
14. Registration with Connecticut State Agencies
Contract awards are contingent upon the vendor's obtaining:
| 14.1 | A Certificate of Authority, Certificate of Legal Existence or Certificate of Good Standing, as applicable, from the Connecticut Secretary of the State's Office, prior to the execution of the contract; |
| 14.2 | A tax clearance statement from the Department of Revenue Services within sixty (60) days of the execution of the contract and |
| 14.3 | A statement from the Department of Labor regarding employee contributions within sixty (60) days of the execution of the contract. |
15. Joint Ventures
The prime vendor may enter into written subcontract(s) for performance of certain of its functions under the contract only with written approval from the State prior to the effective date of any subcontract. The prime vendor shall be wholly responsible for the entire performance of the contract whether or not subcontractors are used.
16. Freedom of Information
Due regard will be given for the protection of proprietary information contained in all proposals received; however, vendors should be aware that all materials associated with the procurement are subject to the terms of the Freedom of Information Act (FOIA) and all rules, regulations and interpretations resulting therefrom. It will not be sufficient for vendors to merely state generally that the proposal is proprietary in nature and not therefore subject to release to third parties. Those particular sentences, paragraphs, pages or sections that a vendor believes to be exempt from disclosure under the FOIA must be specifically identified as such. Convincing explanation and rationale sufficient to justify each exemption consistent with the FOIA Section 1-19 of the Connecticut General Statutes, must accompany the proposal. The rationale and explanation must be stated in terms of the prospective harm to the competitive position of the vendor that would result if the identified material were to be released and the reasons why the materials are legally exempt from release pursuant to the above cited statute.
ALL SUCH MATERIAL SHOULD BE CLEARLY MARKED AS "CONFIDENTIAL".
17. Project Leader/Staff
The vendor must further represent and warrant that all staff to be assigned to the project will not be removed from the project without the express written consent of the project directors, including approval of the replacement. Such consent will not be unreasonably withheld.
18. Best Proposal
As a result of the evaluation process, the State shall select the vendor whose proposal the State deems to be the most advantageous to the State.
19. Independent Price Determination
In the proposals, vendors must warrant, represent, and certify that in connection with this RFP the following requirements have been met:
| 19.1. | The costs proposed have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such process with any other organization or with any competitor. |
| 19.2. | Unless otherwise required by law, the costs quoted have not been knowingly disclosed by the vendor on a prior basis directly or indirectly to any other organization or to any competitor. |
| 19.3 | . No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. |
20. Offer of Gratuities
The vendor warrants, represents, and certifies that no elected or appointed official or employee of the State of Connecticut has or will benefit financially or materially from this procurement. Any contract and/or award arising from this RFP may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the vendor, the vendors agent(s), representative(s) or employee(s).
21. Inspection of Work Performed
During the course of the project the State and its authorized representatives shall be allowed access to inspect all vendor materials, documents, work papers, equipment or products, deliverables, or any such other items which pertain to the scope of work for this RFP and contract. This requirement also applies to any subcontractors who may be engaged by the vendor.The State will retain ownership of all work products developed by the vendor as a result of the project.
22. Project Office Space
The State is planning to provide space for a project office large enough to accommodate 15- 20 people. This space will be available for the time period envisioned for the Requirements Definition/Software Selection Phase. Longer term commitments cannot be made at this time. If additional office space will be required for the first phase, the vendor will be responsible for obtaining or providing it.
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