request for proposal (rfp) # 20439 it … unit solicitation package - page 1 1 . request for...

GRDA/PURCHASING UNIT SOLICITATION PACKAGE - PAGE 1 1

REQUEST FOR PROPOSAL (RFP)

# 20439

IT ASSESSMENT STUDY


NOTICE OF SOLICITATION

Proposal Submittal Requirements - Proposals shall be submitted in a sealed envelope and marked “Sealed RFP #20439– IT Assessment Study.”

GRDA must receive sealed proposals no later than May 18th, 2016 at 2:00 P.M. CT (GRDA’s time per the time clock at the Receptionist’s desk).

Proposals received after the time set for opening of proposals, shall not be considered and shall be returned unopened.

Number of Copies of Submission - Submit one original signed copy of the entire Proposal and one copy of “computer readable” version on CD of the entire proposal.

Face of Envelope/Package/Container - The proposals shall be enclosed in the sealed envelope, package or container and addressed to the following.

Grand River Dam Authority Purchasing Unit RFP # 20439 – IT Assessment Study DUE: 05/18/16 at 2:00PM 226 W. Dwain Willis Ave Vinita OK 74301

Express Mail/Overnight packages must also be addressed as above.

Fax or email proposals will not be accepted for this RFP.

GRDA may waive any informality or reject any and all proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. No bidder may withdraw a proposal within sixty (60) days after the actual date of the opening thereof. In-Person Public Opening Requests - To ensure the integrity of the evaluation process of this RFP, only a list of bidders will be read at public bid opening. No pricing shall be released at the time of public opening.

Communications Concerning this RFP - This RFP is issued by the Central Purchasing Unit of the GRDA. The GRDA Contracting Officer named herein or appointed by the GRDA Central Purchasing Unit is the sole point of contact from the date of release of this RFP until the selection of successful bidder unless instructed otherwise by the GRDA Central Purchasing Unit’s authorized representative. For violation of this provision, GRDA reserves the right to reject the proposal of the offending bidder.

Bidders are invited to submit written questions regarding the contents and requirements of this RFP to the GRDA Contracting Officer preferably by email (or fax or mail). Written responses to all questions will be provided as an Amendment or Clarification to the RFP and posted to the GRDA website. No questions other than written and no questions after deadline of question submission will be accepted, reviewed or answered. No responses other than written unless otherwise indicated in this RFP will be binding upon GRDA.

The timeline for submission of all written questions and responses are as listed in Schedule of Events.

The e-mail address and other contact information for the GRDA Contracting Officer are as follows: Gai Hunter, Contracting Officer 226 W Dwain Willis Ave. Vinita, OK 74301-0409 Fax: 405-840-1390

Email: [email protected]


SCHEDULE OF EVENTS*

This RFP will be governed by the following schedule:

Content Date and Time (Central Time)

RFP release 04/19/16

Deadline for 1st written questions 04/26/16 at 3:30 PM

Deadline for 1st written answers 04/29/16 at 4:30 PM

Deadline for 2nd written questions 05/04/16 at 3:30 PM

Deadline for 2nd written answers 05/06/16 at 4:30 PM

Deadline to submit the proposal 05/18/16 at 2:00 PM

Evaluation and clarification period 05/19/16 – 05/27/16

Notice of Award posted to the GRDA’s website 06/09/16 by no later than 4:30 PM

*GRDA reserves the right to revise the schedule without advance notice as GRDA may require some flexibility in the schedule due to operational dependencies on GRDA staff time.


TABLE OF CONTENTS

A. STATEMENT OF WORK ........................................................................................................................................ 5

B. PROPOSAL PREPARATION ................................................................................................................................. 8

C. EVALUATION ....................................................................................................................................................... 11

D. GENERAL BIDDING INFORMATION .................................................................................................................. 13 E. GENERAL TERMS AND CONDITIONS ............................................................................................................... 15

F. SPECIAL TERMS AND CONDITIONS ................................................................................................................. 17

G. ATTACHMENTS ................................................................................................................................................... 21

ATTACHMENT # A ........................................................................................................................................................... 22

ATTACHMENT # B ........................................................................................................................................................... 23

ATTACHMENT # C ........................................................................................................................................................... 24 INSURANCE REQUIREMENTS....................................................................................................................................... 27


A. STATEMENT OF WORK A.1. Definitions A.1.1. Amendment – A written change, addition, alteration, correction, or revision to this RFP issued by GRDA.

A.1.2. Bidder – A business entity submitting a proposal in response to this RFP. When used in this RFP, bidder is synonymous with “seller”, “offeror”, “provider”, “supplier”, “vendor”, “consultant” or other similar term.

A.1.3. Change Order – A written change, addition, alteration, correction, or revision to the contract resulting from this RFP. It is used interchangeably with “Addenda/Addendum”, or “Revision”.

A.1.4. CIP – Critical Infrastructure Protection.

A.1.5. Clarification – An additional explanation on all or parts of solicitation that does not change, alter or supplement the solicitation.

A.1.6. Fully Burdened Rate – The rate that includes all direct and indirect costs associated with the item. For example, on-site training, there shall be travel expenses, labor rate, etc.

A.1.7. GRDA – Grand River Dam Authority, a government agency of the State of Oklahoma, synonymous “Authority” that is issuing this RFP.

A.1.8. IT – Information Technology

A.1.9. Mandatory - Obligatory, required by this RFP, a provision that may not be waived. The words “shall” or “must” is often used for mandatory provisions.

A.1.10. May or should - Denotes that which is permissible, not mandatory.

A.1.11. NERC - North American Electric Reliability Corporation.

A.1.12. Non-Responsive - Responses that fail to provide all required information, documents, or materials.

A.1.13. OT – Operational Technology

A.1.14. Proposal – an offer the bidders submit in response to this Request for Proposal. It is used interchangeably with “RFP response”, or “solicitation response”, “bid response”, “offer”, “bid”, “response” or other similar term.

A.1.15. Request for Proposal (RFP) – A type of solicitation GRDA provides to bidders requesting submission of proposals for acquisitions. Request for Proposal, Project and Solicitation are synonymous under this RFP and may be used interchangeably.

A.1.16. Successful Bidder - The bidder that is awarded a contract. It is used interchangeably with “Contractor”, “Successful Vendor”, “Successful Supplier”, or “Successful Consultant”.

A.2. Purpose of Intent GRDA’s management is seeking consulting services to perform a comprehensive study and evaluation of its Information Technology (IT) and Operational Technology (OT) functions, staffing, and organizational structure. This study is necessary to achieve proper alignment, when compared to electric utility peers, regarding Corporate IT supporting the business and OT supporting the operational systems while meeting North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) compliance standards. The intent of this Request for Proposal (RFP) is to establish a contract with an experienced consulting firm that has significant and proven work history with the electric utility industry providing such strategic workforce assessments. Scope of Services:

1) Assess and interview GRDA’s staff, management, and executive management responsible for Corporate IT supporting the business and OT responsible for supporting Operations and meeting NERC CIP compliance standards to determine overall effectiveness and compliance posture. Review GRDA’s IT and OT governance models and organizational structure to evaluate resources and staff utilization and to deliver a detailed roadmap including action plan(s) and recommendations for improvement. This will require interviews of 30-35 people.

NOTE: Out of Scope: GRDA is not seeking CIP Compliance consulting services, CIP standards and processes gap analysis, or CIP mock audit services. However, experience with CIP compliance work is required for RFP respondents to understand the compliance related work effort being reviewed.

Deliverables:


1) Peer Benchmarks: Benchmark IT and OT spending based on investments/benefits, staffing, and specific organizational maturity levels against industry peers.

2) Gap Analysis: Identify the gaps and actions needed to align GRDA’s IT, OT and NERC CIP functions with peers and applicable best practices.

3) Improvement Roadmap: Provide actionable recommendations to GRDA’s management to improve upon: a. Corporate IT supporting GRDA’s business functions; b. OT support teams delivering reliable systems while also accomplishing NERC CIP compliance.

Goal of Study:

Provide GRDA’s management an objective and credible assessment, with benchmarking amongst electric utility peers, on how best to structure and align GRDA’s Corporate IT and OT personnel to improve support of assigned systems, reliability, and compliance posture as well as the ability to provide optimal support for GRDA’s current and planned business functions.

A.3. Background Due to the ever-changing business initiatives of the electric utility industry and the constant evolution of compliance regulations imposed by the North American Electric Reliability Corporation (NERC), GRDA’s management has determined a need for an independent and objective assessment of its internal IT function and OT organizations as compared to other electric utility peers. The intended outcome of this study is a detailed plan of action to properly align IT and OT skillsets within an organizational structure that will support the continued efforts to meet the business and operational requirements of GRDA, which are to provide low-cost, reliable power to its retail and wholesale customers while remaining in compliance with applicable NERC Standards.

A.4. Existing Environment For definition of the existing environment, GRDA’s preference would be for Consultant to provide a questionnaire or data request detailing the information needed prior to onsite interviews and discussions.

Once RFP is awarded to a vendor and confidentiality agreements are signed; GRDA shall provide the Consultant with sanitized system and organizational information.

A.5. Vendor Requirements Vendor must present proficient1 and recent2 experience in providing consulting services to a NERC Registered Entity3 or public power organization which involved a comprehensive study of the Information Technology (IT) function, Operational Technology (OT) function, IT and OT investment strategy, alignment of IT with business objectives, organizational structure, and IT and OT staffing levels including an evaluation of knowledge, skills, support systems, and abilities needed to meet Corporate IT and OT requirements and NERC compliance requirements.

A.6. Technical Requirements The vendor’s response to this RFP shall be organized and detailed by Phases. This is necessary to outline and achieve a methodical approach to this study, as well as to ensure that all parties effectively communicate the efforts throughout the project. At a minimum, the Phases shall include the following: Phase 1 – Project Initiation. Phase 2 – Current State Assessment / Interviews. Phase 3 – Peer Benchmarking. Phase 4 – Gap Analysis and Recommendations (GRDA to review and agree upon prior to final report). Phase 5 – Presentation of Results and Roadmap.

A.7. Project Activity and Management

GRDA shall provide to the Consultant a dedicated GRDA project manager with the authority to schedule personnel interviews and resolve any issues throughout this project.

The Consultant’s Project Manager shall develop project work plans and a project schedule at the beginning of the project. The plan shall be reviewed with GRDA and any changes shall be agreed upon and incorporated into the plan. The approved plan shall then be maintained by the Consultant’s Project Manager throughout the duration of the project and a final copy provided to GRDA.

The Consultant shall be cognizant of the GRDA’s personnel work schedules. Normal business hours are to be recognized as Monday through Friday, 8:00 AM – 4:30 PM Central Standard Time. Meetings are to be scheduled and adhered to during these working hours.

The Consultant may provide an online portal for project collaboration, online web meetings, and audio conference lines for use throughout this project.

1 more than two (2) examples 2 worked performed in the last three (3) years 3 A bulk power system owner or operator registered with the North American Electric Reliability Corporation (NERC)


Any change orders must be documented, presented, and approved by GRDA’s Board of Directors prior to implementation.

A.8. Deliverables

The Contractor shall be responsible for providing all defined services and deliverables as described in Section A, Statement of Work; including, but not limited to: Project Plan and Schedule, Communication Plan, Gap Analysis, Peer Benchmarks, and Improvement Roadmap.

A.9. Inspection and Acceptance

Final Study Acceptance will occur after all terms and conditions of the contract negotiated with the Contractor have been successfully completed and all deliverables have been accepted by GRDA. Twenty percent of the total contract amount will be withheld and paid upon the Final Study Acceptance. In the event of noncompliance with contract requirements, contractor is to correct the Study in conformity with the requirements of the RFP and all terms and conditions of the contract, at no additional increase in total contract amount. Upon satisfactory completion, the remaining 20% shall be paid.


B. PROPOSAL PREPARATION B.1. General The bidder must follow instructions contained in this RFP in preparing and submitting its bid response. The bidder is advised to thoroughly read and follow all instructions.

The information required to be submitted in response to this RFP has been determined to be essential in evaluation and contract award process.

It is imperative that each bidder realizes that what is written in bidder’s proposal, discussed in the selection process, demonstration, clarification or negotiation meetings will become part of the successful bidder’s final response and part of the contract documents.

B.2. Proposal Content and Format The response should be typewritten on standard 8 ½ x 11 paper (larger paper is permissible for charts and spreadsheets), single sided, with numbered pages. The response should be prepared simply and economically in strict accordance with the format and instructional requirements of this solicitation and in the same numerical and sequential order, and clearly labeled by tabs to ensure a fair, equitable, and timely evaluation. Responses should be a concise delineation of bidder’s capabilities to satisfy the requirements of the information requested, with emphasis on completeness and clarity of content.

GRDA reserves the right to reject any and all responses submitted that fail to conform to the requirements of the RFP and to request additional information from any bidder submitting a response. Bidders must ensure that offers are current and accurate. Incomplete responses or responses that are not prepared in accordance with this RFP may be eliminated from the evaluation process.

PORTION OF PAGE INTENTIONALLY LEFT BLANK


B.3. Detailed Proposal Contents Responses should be prepared in the same numerical order as described in this section.

The proposal contents must cover the statement of work and all the RFP requirements. Any limitation in the bidder’s ability to supply information requested in the RFP or to support or to perform a particular function should be stated in detail in the appropriate section of the response. Any omissions or deviations from the requirements set forth in this RFP shall be fully described. Failure to adhere to the following format may be a cause for the rejection of the proposal as non-responsive. Any additional documents that the bidder’s organization requires to be signed or agreed to by GRDA shall be referenced in the Executive Summary and attached as appendices to the proposal.

Bidders must specifically address and respond to each item herein, stating whether the submission does or does not meet the stated requirements. Bidders must state how each of the requirements is met and not simply respond with such terms as “agreed” or “complied with.” Bidders may refer to attached materials but may not substitute such material for explicit responses.

B.3.1. Required Forms and Information

Bidder is to submit all forms required for this section. Absence of any of the required documents or failure to remedy the bidder’s oversight may result in a response being non-responsive.

B.3.1.1. Complete RFP Cover Page and Declaration – Attachment # A

B.3.1.2. Complete Non Collusion Affidavit – Attachment # B. Must use the form as provided in attachment # B in this RFP to complete it.

B.3.1.3. Acknowledgement of Amendment(s), if any. Bidder shall acknowledge all amendments associated to this RFP by either attaching the amendments or providing a statement of acknowledgement.

B.3.1.4. A copy of Workers Compensation Insurance; other required insurance and bonds may be submitted upon request after award of contract.

B.3.2. Executive Summary [Pass/Fail]

Each proposal shall include an Executive Summary section including the following information:

B.3.2.1. A brief summary on the background of the firm to include, at a minimum, name of the firm, office location(s) where work will be performed, age of firm, history, number of years the firm has been engaged in performing workforce assessments, list at least 2 previous utility engagements that bidder has managed or led over the past 3 years, and number of employees associated with the assessments.

B.3.2.2. A brief statement of the bidder’s understanding of the work to be done and commitment to perform the work as scheduled.

B.3.2.3. A summary of exceptions taken to the RFP requirements, statement of work, specifications, and/or contractual terms and conditions.

B.3.2.4. The contractual terms and conditions required by the bidder, e.g., Professional Services Agreement.

B.3.2.5. The names, the titles, addresses, telephone numbers, and e-mail addresses of individuals authorized to represent the bidder. An officer authorized to bind must sign each proposal on behalf of the bidder.

B.3.3. Company Qualifications

The bidder’s qualifications will be evaluated for expertise in specific areas related to the services solicited in this RFP as presented in Section A.5.

Provide a document of sufficient length, to indicate bidder compliance to the Qualifications in Section A.5. Describe exactly how bidder achieves each qualification and/or submit documentation to support the qualifications. The determination that bidder has achieved all the qualifications may be made from this section alone; the RFP evaluation committee is not obligated to check references or search other materials to make this decision.

For each such customer cited in Section A.5., bidder must provide:

B.3.3.1. The name, location, and type of business of the Customer;

B.3.3.2. The name, title, and contact information for the bidder project lead;

B.3.3.3. The name, title, and contact information for the Customer project lead;

B.3.3.4. The duration of the project from analysis through deployment;

B.3.3.5. Name of other firms involved in the project (if applicable);

Bidder must notify customers cited herein that they may be contacted by GRDA for verification of information and further bidder performance check.

Once selected, GRDA may request resume of Contractor’s Project Manager, and Key Personnel.

B.3.4. Technical Qualifications


The bidder shall provide a description of how it will complete the scope of work and produce the deliverables required under the RFP. At a minimum, the bidder shall include the following supporting information:

B.3.4.1. Bidder is to provide detailed point by point descriptions how bidder meets each of the requirements as set forth in Section A.6 Technical Requirements. Describe the approach proposed to undertake, including proposed best practice methodologies, scorecard measurement methodologies, proposed areas of focus, proposed tools, etc.

B.3.4.2. Provide a plan for communications and coordination between the Consultants team and GRDA.

B.3.4.3. The project schedule may start on date of contract award or the date as agreed by parties, whichever is later.

B.3.4.3.1. The project schedule and work breakdown structure diagram shall show tasks be performed by both GRDA and the bidder.

B.3.4.3.2. The project timeline should include important milestones and logical breakpoints during which GRDA and the bidder shall assess the progress to date, and prepare for the next phase.

B.3.4.3.3. The timeline shall provide as much detail as possible and highlight all major milestones for each component of the project. The first milestone of bidder’s timeline will be contract award. All other events will be referenced in number of days from contract award.

B.3.4.4. Sub-contractors

A list of subcontractor(s) shall be included in the proposal if the bidder intends to use the services of a subcontractor(s). The Proposal shall include the following information regarding each subcontractor:

B.3.4.4.1. The name, address, and telephone number of the proposed subcontractor.

B.3.4.4.2. Description of the services to be performed by the subcontractor.

B.3.4.4.3. Subcontractor’s experience and qualifications in the areas of work to be performed, including information regarding technical capabilities and project experience.

B.3.4.4.4. Bidder’s ability and/or past performance to manage Subcontracted Work.

B.3.5. Cost Proposal

The Price Sheet template has been provided as an Attachment C. To accommodate the cost analysis, bidder shall use this template to enter pricing. Bidder is to also provide a payment schedule along with the cost proposal. Twenty percent of the total contract amount will be withheld and paid upon the Final Study Acceptance as described in section A.9. Each deliverable must be completed and work is accepted in writing by GRDA Project Manager prior to payment.

• Professional consultation services.

• Estimated travel and incidental costs.

Pricing as submitted shall contain all direct and indirect costs associated with unit price, e.g., insurance, shipping, fees, taxes, profit, overhead, general and administrative expenses.


C. EVALUATION C.1. GRDA intends to make a single award deemed to offer the best value to GRDA.

C.2. In order for solicitation responses to be considered acceptable and eligible for award, they must be prepared and address those factors required in the section B.3.

C.3. Proposal Clarification During evaluation process, GRDA reserves the right, at its sole discretion, to request clarifications of technical or price proposals or to conduct discussions for the purpose of clarification with any or all bidders. The purpose of any such discussions shall be to ensure full understanding of the bidder’s proposal. If clarifications are made because of such discussion, the bidder(s) shall put such clarifications in writing.

C.4. Right to Waive Minor Irregularities GRDA reserves the right to waive minor irregularities in the bidders’ responses. GRDA also reserves the right to waive non-mandatory requirements where GRDA deems such waiver to be in the best interests of GRDA.

C.5. Right to Award to Next Ranked Consultant If a contract is executed as a result of this solicitation process and is terminated within 90 days, GRDA, at its option, may return to the solicitation process to award the contract to the next highest ranked responsive Consultant. GRDA may exercise this option with the next award.

C.6. Errors in Proposals Bidders are responsible for errors and omissions in their proposals. No such error or omission shall diminish the Bidder’s obligations to GRDA.

C.7. Competitive Negotiations of Offers GRDA reserves the right to negotiate with one, selected, all or none of the bidders responding to this solicitation to obtain the best value to GRDA. Negotiations could entail discussions on services, pricing, contract terminology or any other issues that may mitigate the GRDA’s risks. GRDA shall consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more bidders, for any and all items in the bidder’s offer.

Firms that contend that they lack flexibility because of their corporate policy on a particular negotiation item shall face a significant disadvantage and may not be considered.

If such negotiations are conducted, the following conditions shall apply:

C.7.1. Negotiations may be conducted in person, in writing, or by telephone.

C.7.2. Negotiations shall only be conducted with potentially acceptable offers. GRDA reserves the right to limit negotiations to those offers that received the highest rankings during the initial evaluation phase.

C.7.3. Terms, conditions, prices, methodology, or other features of the bidder’s offer may be subject to negotiations and subsequent revision. As part of the negotiations, the bidder may be required to submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the offer.

C.7.4. The mandatory requirements of the Request for Proposal may not be negotiable and may remain unchanged unless GRDA determines that a change in such requirements is in the best interest of GRDA.

C.7.5. BEST and FINAL – GRDA may request best and final offers if deemed necessary, and shall determine the scope and subject of any best and final request. However, the bidder should not expect an opportunity to strengthen its offer during negotiation and should submit its best offer based on the terms and condition set forth in this solicitation.

C.8. Bidder Qualifications Evaluation GRDA may obtain information as necessary by following up on the information provided by the bidder and/or through other sources to determine or verify the ability of bidder to perform services under this contract.

C.9. Bidder Capability GRDA will not assume that a bidder possesses any capability or deliverable not specifically stated in the bidder’s proposal.

C.10. Evaluation Criteria

All responses to this RFP will be reviewed to determine the award based on “Best Value” evaluation method. This RFP may be evaluated on the following:

C.10.1. Company Qualifications

C.10.2. Technical Proposal

C.10.3. Pricing

C.11. Evaluation Process


The evaluation process from C.11.1 thru C.11.3 is not presented in any sequence as any selection steps may overlap the others or be evaluated simultaneously in the evaluation.

C.11.1. Initial Review: All bid proposals received by the RFP due date and time will be reviewed based on the required forms and information in Section B.3.1. Bidders failing to submit the required documents as required in this section may be given 48 hours from the notification date by the Contracting Officer to remedy such oversight to be considered as responsive.

C.11.2. Written Proposal: All responsive proposals based on the initial review will be reviewed/evaluated based on requested information in Sections B.3.2 thru B.3.4 by the GRDA evaluation team.

C.11.3. Cost: Cost proposals as required in Section B.3.5 will be analyzed and scored.

C.11.4. Interview – Optional: GRDA may interview top ranked or scored firms that are most competitive. At the GRDA’s option, the interviews may be in person or on-line. Consultants invited to interview are to bring the assigned Project Manager named by the Consultant in the Proposal and may be invited to bring other key personnel. The Consultant shall not bring other project team members or individuals who do not work for the Consultant without advance authorization by GRDA.

C.11.5. Selection: GRDA may select the highest ranked bidder for award as a result of the interview, if any are conducted.

C.11.6. Negotiation: In accordance with Section C.7, GRDA may negotiate elements of the proposal to best meet the needs of GRDA with the apparent successful Bidder. GRDA may negotiate any aspect of the proposal or the solicitation.

C.12. Repeat of Evaluation If no Consultant is selected at the conclusion of all the steps in Section C.11, GRDA may return to any step in the process to repeat the evaluation with those proposals active at that step. GRDA shall then sequentially step through all remaining steps as if conducting a new evaluation process. GRDA reserves the right to terminate the process if no proposals meet its requirements.

C.13. Award Notice The Contracting Officer will provide timely notice of the Award to all Consultants responding to the Solicitation. The award notice will also be posted to the GRDA’s website where the RFP is located.


D. GENERAL BIDDING INFORMATION D.1. Bids shall be opened by the Purchasing Unit at the Grand River Dam Authority (hereinafter referred to as “GRDA” or “the

Authority”) Administrative Headquarters, 226 West Dwain Willis Avenue, Vinita, Oklahoma 74301 on the date and time shown on RFP. Bids shall be in conformity with these and any additional instructions to bidders and shall be submitted as instructed. All bid responses shall be typewritten or handwritten in ink, and any corrections to bids shall be initialed in ink. Proposals submitted in pencil shall not be accepted.

D.2. Sealed bids shall be submitted to the GRDA Purchasing Unit in a properly marked envelope or package, and shall be sealed. The name and address of the bidder shall be printed on the exterior of the envelope or package. The RFP number and bid opening date shall be referenced on the face of the sealed envelope or package. Unmarked bids shall be rejected and returned to the bidder. Neither fax nor e-mail submissions shall be accepted for sealed bid requirements, as they negate the confidentiality of the bid. Any bid received via fax or e-mail for a sealed bid requirement shall be rejected and returned to the bidder. Bid opening time extensions shall not be granted. Bids received after the opening time and date shall not be considered. This is a formal bidding procedure with all bid packets recorded upon receipt and held unopened under lock until the bid opening at the time, date and location listed on the RFP. Interested bidders may make an appointment to review proposals after an evaluation, recommendation and bid award has been made.

D.3. Non-Collusion Certificate: This certificate shall be completed by the bidder and include an original signature in ink of an authorized company representative (preferably the bidder) with full knowledge and acceptance of the bid proposal. The Non-Collusion Certificate with original signature shall be mailed with the bid response to the attention of the Contracting & Acquisitions Agent listed on the RFP.

D.4. In the event the unit price and line total extension do not agree, the unit price shall be considered the quoted price accepted for evaluation.

D.5. Freight Terms: All prices shall be quoted FOB: Destination/Freight Allowed. All packaging, handling, shipping and delivery charges shall be included in the unit price quoted for each line item unless instructed otherwise by GRDA. No exceptions shall be granted unless approved by GRDA.

D.6. Other Surcharges: Any additional surcharges (such as HazMat charges, fuel surcharges, set-up fees, etc.) shall be included in the unit price quoted for each line item. All additional charges are considered a part of the cost of the goods, and bids shall be evaluated to include these additional charges.

D.7. Tax-Exempt Status: GRDA is an agency of the state of Oklahoma and is specifically exempt from the payment of sales tax by Oklahoma state statute, Title 68 O.S.A. § 1356 (10). An excerpt from the statute shall be furnished upon request.

D.8. All bids submitted shall be subject to GRDA’s Purchasing Policy and Procedures, General and Special Terms and Conditions, the bidding information and specifications, the Oklahoma Open Records Act, other statutory regulations as applicable, and any other terms and conditions listed or attached herein – all of which are made part of this Request for Proposal.

D.9. GRDA reserves the right to reject any and all bids, and to contract as the best interests of the Authority may require. GRDA reserves the right to reject any bids that do not comply with the requirements and specifications of the Request for Proposal. All bid responses become the property of GRDA and are subject to the Oklahoma Open Records Act. GRDA shall endeavor to protect technical information designated by the bidder as proprietary information; however, only technical information (i.e., “trade secrets”) may be considered proprietary – pricing and other non-technical aspects of the proposal shall be considered non-proprietary.

D.10. Insurance Certificates: Any service to be performed that requires the vendor’s employee, vehicle or equipment to be on any GRDA property must be covered by minimum insurance requirements. The workscope to be performed for the Authority shall be evaluated and the minimum insurance requirements shall be provided to prospective bidders with the RFP. Evidence of insurance coverage shall be furnished in the form of a Certificate of Insurance, and shall be submitted with the bid response. Bidders shall disclose any subcontractors to be used, and the Authority shall consider the supplier as the single point of contact. The supplier shall assume responsibility for the performance of the subcontractor. Policies shall remain current for the duration of the requested service period, and GRDA shall be notified of any cancellation or revision to policies. Purchase Orders shall not be released to the successful bidder without a current Certificate of Insurance naming GRDA as certificate holder on file. A Memorandum of Insurance shall not be acceptable for this requirement.

D.11. MSDS: Material Safety Data Sheets shall be furnished to GRDA’s Safety Department at the address noted on the PO prior to delivery of items, if applicable.

D.12. Successful vendor shall deliver the merchandise or perform the service as quoted. Substitutions or changes without prior approval of the GRDA Contracting & Acquisitions Agent shall be rejected and returned at the vendor’s expense.

D.13. Bidder Responsibilities: Bidders are to transact all phases of the purchasing function directly with the GRDA Contracting & Acquisitions Agent. Bidders are to conduct all written and verbal communication with the Authority through the GRDA Contracting & Acquisitions Agent. Bidders are to conduct negotiations ethically, without attempts to influence through offers of valuable personal gifts or entertainment. Bidders are to make available as requested any technical information which might be of benefit in the bid evaluation.

D.14. Supplier List: The Finance Department maintains a current listing of suppliers with a cross-reference as to products and services offered. Suppliers may have their names added to the list by submitting a completed Vendor Registration/Payee Application, and shall notify the Authority of any update information. If a supplier fails to respond to bid requests after four appropriate


solicitations, that supplier may be removed from the active list. Suppliers who do not meet quoted shipping dates or lead times, supply products or services of poor quality, substitute items of unequal quality, continually over-ship or under-ship items, or do not invoice properly may be placed under suspension or disqualified from the active supplier list. Suppliers may voluntarily request to be removed from the supplier database.

D.15. Confidentiality of GRDA Information All additional information specific to GRDA offices and processes requested and gathered by bidders in the process of preparing a proposal is to be considered confidential when notified by GRDA.

D.16. RFP Contents If a bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the bidder must immediately notify within a timeframe specified in the Schedule of Events the Contracting Officer in writing of such error and request modification or clarification. If GRDA issues an amendment or clarification, it will be posted to the GRDA Web site.

If, prior to the deadline for submission of questions, a bidder fails to notify the Contracting Officer of a known error or omission in the RFP or an error that reasonably should have been known to the bidder and if a contract is awarded to the bidder, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

D.17. Gratuities The right of the successful bidder to perform under this contract may be terminated by written notice, if the GRDA determines that the successful bidder, or its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of GRDA.

D.18. Price Offer: D.18.1. Offers shall remain firm for a minimum of one-twenty (120) days from the solicitation closing date. Extension may be requested

for the same offers to allow time for evaluation or approval by the GRDA Board of Directors.

D.18.2. Bidders guarantee unit prices to be correct.

D.18.3. All costs incurred by the bidders for proposal preparation and participation in this competitive procurement shall be the sole responsibility of the bidders. GRDA shall not reimburse any bidder for any such costs.

D.19. Solicitation Amendments D.19.1. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the

solicitation. All amendments or clarification to the solicitation shall be made in writing by GRDA.

D.19.2. It is the bidder’s responsibility to check the GRDA website frequently for any possible amendments or clarification that may be issued. GRDA is not responsible for the bidder’s failure to acknowledge any amendment or clarification documents required to complete a solicitation.

D.20. Clarification Bidders should note that this solicitation is issued to maintain or increase efficiencies in the existing operation and/or streamline business environment in GRDA. All previous solicitations and resultant contracts or any other existing contracts should not be depended upon, perceived or interpreted to have any relevance on this exclusive solicitation.


E. GENERAL TERMS AND CONDITIONS Any contract or order issued by the Grand River Dam Authority (hereinafter referred to as GRDA) is expressly conditioned upon Seller’s assent to these terms and conditions, unless otherwise agreed in writing. Any order issued or filled by Seller shall be deemed to constitute Seller’s assent to these terms and conditions. Any additional or different terms submitted by the Seller are hereby expressly objected to by GRDA unless expressly agreed to in writing by GRDA.

E.1. E-Mail all invoices or correspondence pertaining to the payment of this Purchase Order to: Accounts Payable Department, Grand River Dam Authority at [email protected]. Seller shall submit invoices, with one copy detailing each item with unit prices, with the top copy being distinguishable as an original, accompanied by one copy of complete shipping papers. If shipment is not made by routing instructions as specified on the face of this Purchase Order, GRDA reserves the right to deduct any excess transportation charges resulting therefrom. Copy of original freight bill must be supplied for payment. Time, in connection with any discount offered, will be computed from date of delivery of items, or from date the correct invoice is received in Vinita, Oklahoma, whichever period of time is the later date. No Oklahoma State Sales or Use Tax shall be included in payment of this Purchase Order.

E.2. All articles, materials, equipment and supplies (hereinafter referred to as “items”) covered by this Purchase Order, unless otherwise specified, are purchased subject to inspection before and during manufacture and upon arrival at destination. GRDA reserves the right to return for full credit and/or refund, at Seller’s sole risks and expense, including all transportation and storage charges, all items found defective or furnished contrary to instructions and/or specifications contained herein.

E.3. In case of default by Seller, GRDA may procure the items or services from other sources and hold Seller responsible for any excess cost occasioned thereby; provided, that if necessity requires the use of items not conforming to specifications, they may be accepted, and payment made at a proper reduction in price. Notwithstanding anything herein to the contrary, GRDA reserves the right to terminate this Purchase Order for its convenience. In the event of such termination, GRDA shall pay and Seller shall accept the reasonable value of all work performed and items delivered by Seller up through the effective date of such termination.

E.4. Seller warrants that all items covered by this Purchase Order will conform to the specifications, drawings, samples or other description furnished by GRDA, or any revisions thereof, and any items purchased pursuant to this Purchase Order shall be subject to all warranties expressed or implied by law, and will be merchantable of good material and fit and sufficient for the purpose intended, and shall satisfy any performance guarantee requirements as specified herein by GRDA. In the event the items and/or services purchased hereunder do not meet the warranty specified hereinabove, Seller shall promptly repair or replace any defective item at its expense, or re-perform any necessary services, and shall hold GRDA harmless from any and all costs and expenses incurred due to said defective item or performance of services, including the cost for removing any part or product to be repaired or replaced, as well as transportation and installation charges in connection with the repair, replacement or servicing of any parts or equipment. Seller further agrees that the manufacturer’s warranties and guaranties of the items purchased hereunder extended to Seller shall extend to GRDA.

E.5. Seller shall indemnify and hold GRDA harmless from and against any and all loss, costs or expenses arising out of any liens or claims in any way related to the items or services furnished hereunder. Seller shall likewise indemnify and hold GRDA harmless from any patent, trademark or copyright infringement, except items supplied in accordance with design originating with GRDA. Seller shall be an independent contractor. Seller shall protect, defend, indemnify and hold GRDA harmless from any damage or injury to any persons, including Seller’s employees or property, and from any claim, demand, action, cost or expense arising out of the activities hereunder as a result of Seller’s negligent or intentional wrongful acts. In no event shall Seller’s liability be limited under this Purchase Order for the negligent or intentional wrongful acts of the Seller.

E.6. Seller shall, before any items are shipped and/or any services are commenced, provide GRDA with certificates evidencing that the following minimum insurance will remain in force until Seller’s obligations are completed: (a) Worker’s Compensation Insurance, including Employer’s Liability Insurance, in accordance with the laws of the state in which Seller may be required to pay compensation; and (b) Public Liability Insurance with an individual limit of not less than $100,000 and a total for any one accident of not less than $300,000, unless otherwise specified herein.

E.7. This Purchase Order (including Seller’s right to receive payments hereunder) shall not be assigned or subcontracted in whole or in part without GRDA’s prior written consent. No assignment hereof shall relieve this assignor of its obligations hereunder.

E.8. Service Contracts: By submitting a bid for services, the Bidder certifies that they, and any proposed Subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Supplier / Contractor / Consultant / Construction Manager / etc.) certifies that it and all proposed Subcontractors, whether known or unknown at the time a contract is executed or awarded, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes, but is not limited to, the free Employment Verification Program (E-Verify) available at www.dhs.gov/E-Verify. This shall remain in effect through the entire term, including all renewal periods, of the Contract. The State may request verification of compliance for any Contractor or Subcontractor. Should the State suspect or find the Contractor or any of its Subcontractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

E.9. All Items shipped pursuant to this Purchase Order will conform with all municipal, state and federal laws, ordinances and regulations, and Seller will defend and save harmless GRDA from loss, costs or damage by reason of any actual or alleged violation thereof.

mailto:[email protected]

http://www.dhs.gov/E-Verify


E.10. GRDA hereby notifies Seller that Seller must comply, and by acceptance of this Purchase Order, Seller represents that it has complied with, and will continue to comply with, all applicable federal, state and local laws, regulations or orders.

E.11. This Purchase Order shall be construed as being performed by both parties in Craig County, Oklahoma, and shall be governed in accordance with the laws of the State of Oklahoma.

E.12. AUDIT RIGHTS. Contractor will, at all times during the term of this Contract and for a period of seven (7) years after the completion of this Contract, maintain and make available for inspection and audit by GRDA and/or the Oklahoma State Auditor, all books, supporting documents, accounting procedures, practices, and all other items relevant to the Contract.


F. SPECIAL TERMS AND CONDITIONS F.1. Contract Type and Term F.1.1. This is a not-to-exceed time and materials with pre-determined unit price, indefinite delivery and indefinite quantity contract.

The GRDA may, or may not, buy the quantity mentioned in this RFP and the resultant contract. Any reference to quantity provided in this RFP and the resultant contract is an estimate only, and shall not serve to obligate the GRDA to purchase any minimum quantity, nor shall any such reference serve to establish any maximum quantity that the vendor is required to furnish.

Pricing as submitted shall contain all direct and indirect costs associated with unit price, e.g., insurance, shipping, fees, taxes, profit, overhead, general and administrative expenses.

All travel expenses to be incurred by the vendor in performance of the contract shall be included in the total bid price.

F.1.2. The contract term shall commence on date of award to commence work on this contract and end on the completion date of all work and deliverables specified in this contract. The contractor shall not commence work, commit funds, incur costs, or in any way act to obligate GRDA until so notified in writing of the approval of the contract.

F.2. Contract Termination F.2.1. GRDA may terminate this Contract for convenience upon sixty (60) days prior written notice to Contractor or should the Work

be delayed for a period in excess of ninety (90) days due to a force majeure condition. Termination charges in either event will include a portion of the purchase price reflecting the amount of work performed, hours expended, and materials acquired at the time of termination. These charges will also include the expenses associated with the termination, including, but not limited to, any additional expense incurred by reason of termination or cancellation of agreements between Contractor and its suppliers, and any applicable costs allocated in contemplation of performance, including profit and overhead costs associated with the work performed. Contractor will make every reasonable effort to minimize such termination charges. All termination charges shall be due and payable thirty (30) days from the date of receipt of Contractor’s invoice. No interest or penalty shall be charged by Contractor for late payment until forty-five (45) days after receipt of the invoice at GRDA’s office.

F.2.2. As optional, upon termination of the Contract by GRDA, GRDA shall be released from further liability to the Contractor or Surety Company. If the Contractor cannot be located, the payment for any amount owed to the Contractor for work performed shall be held in GRDA funds for the Contractor for a period not to exceed thirty-six (36) months at which time the payment shall be deposited in the GRDA Revenue Fund. This shall release GRDA from any further liability to the Contractor or Surety Company.

F.3. Certification Regarding Debarment, Suspension, and Other Responsibility Matters By submitting an offer to this solicitation:

F.3.1. The prospective primary bidder and any subcontractor certifies to the best of their knowledge and belief, that they:

F.3.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State of Oklahoma or local department or agency;

F.3.1.2. Have not within a three-year period preceding this solicitation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract; or for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

F.3.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph F.3.1.2. of this certification; and

F.3.1.4. Have not within a three-year period preceding this solicitation had one or more public (Federal, State or local) contracts terminated for cause or default.

F.3.2. Where the prospective primary bidder is unable to certify to any of the statements in this certification, such prospective bidder shall attach an explanation to its offer.

F.4. Legal Contract F.4.1. Submitted offers are rendered as a legal offer and when accepted by GRDA, shall constitute a contract.

F.4.2. The contract resulting from this solicitation shall consist of the following documents in order of preference:

F.4.2.1. Applicable State of Oklahoma Statutes and GRDA Purchasing Policies and Procedures;

F.4.2.2. Contract award documents consist of:

F.4.2.2.1. Purchase Order (so called Blanket Agreement) and final agreed terms or agreement;

F.4.2.2.2. Contract Modifications (so called Addenda or Revision or Change Order);

F.4.2.2.3. Required certification statement.

F.4.2.2.4. This solicitation including amendments; and


F.4.2.2.5. The successful bidder’s bid response and any modifications thereto to the extent that the offer does not conflict with the requirements of the contract award documents, solicitation or applicable laws.

Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.

F.4.3. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.

F.4.4. By submitting a response to this RFP, bidders acknowledge and agree that they receive, read, understand, and shall be bound by and comply with the contract.

F.5. Pricing ALL travel expenses to be incurred by the successful bidder in performance of the contract shall be included in the total bid price/contract amount.

F.6. Force Majeure F.6.1. Contractor will not be liable for failure to perform any obligation or delay in performance resulting from or contributed to by any

cause beyond the control of Contractor or its suppliers if such cause was not reasonably foreseeable, or from any act of God; act of civil or military authority; act of war, whether declared or undeclared; act (including delay, failure to act or priority) of any governmental authority or GRDA; civil disturbance; insurrection or riot; sabotage; terrorist activities; fire; earthquake; flood; strike, work stoppage or other labor difficulty; embargo; car shortage; fuel or energy shortage; major equipment breakdown; delay or accident in shipping or transportation; or failure or delay beyond its reasonable control in obtaining necessary manufacturing facilities, labor or materials from usual sources.

F.7. Substitution of Personnel It is the intention of GRDA that the Contractor’s personnel proposed for the contract will be available for the contract term. In the event the Contractor wishes to substitute personnel, he shall propose personnel of equal or higher qualifications and all replacement personnel are subject to GRDA approval. In the event substitute personnel are not satisfactory to GRDA and the matter cannot be resolved to the satisfaction of GRDA, GRDA reserves the right to cancel the Contract for cause.

F.8. Limitation of Liability To the extent any limitation of liability is construed by a court of competent jurisdiction to be a limitation of liability in violation of Oklahoma law, such limitation of liability shall be void.

F.9. Employment Relationship The contract does not create an employment relationship. Individuals performing services required by this solicitation or a resulting contract are not employees of GRDA. The contractor’s employees shall not be considered employees of GRDA for any purpose, and accordingly shall not be eligible for rights or benefits accruing to GRDA employees.

F.10. Mutual Responsibilities GRDA, customers, co-owners and successful bidder agree that under this contract:

F.10.1. Neither party grants the other the right to use any trademarks, trade names, or other designations in any promotion or publication without express written consent by the other party.

F.10.2. This is a non-exclusive contract and each party is free to enter into similar contracts with others.

F.10.3. Each party grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted.

F.10.4. Where approval, acceptance, consent, or similar action by either party is required under this contract, such action shall not be unreasonably delayed or withheld.

F.11. Conflict of Interest Successful bidder must disclose any contractual relationship or any other relevant contact with any GRDA personnel, or other State contractors involved in the development of this solicitation that result in a contract. Any conflict of interest shall, at the sole discretion of GRDA, be grounds for termination of project involvement; provided that such termination must be made within a reasonable time after disclosure of such relationships or contacts.

In addition to any requirements of law or through a professional code of ethics or conduct, the successful bidder and the successful bidder’s employees performing services for GRDA are required to disclose any outside activities or interests that conflict or may conflict with the best interests of GRDA. Further, such employees shall not plan, prepare, or engage in any activity that conflicts or may conflict with the best interests of GRDA during the period of this contract without prior written approval of GRDA. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to any person or entity currently under contract with or seeking to do business with GRDA, its employees, other third-party individuals, or entities holding contracts with GRDA.

F.12. Right to Renegotiate F.12.1. Prior to exercising the GRDA’s right to cancel a contract, GRDA may renegotiate an existing contract with a contractor for the

purpose of obtaining more favorable terms for GRDA.


F.12.2. POST AWARD MODIFICATIONS - Following contract award, during the term of the contract, including any optional renewal periods, or prior to renewal of the contract, GRDA may make changes or revisions within the scope of work of the contract resulting from this RFP. The GRDA and the contractor may negotiate in good faith adjustments to terms, conditions, prices or other matters of mutual concern and interest. Such negotiations may be conducted in person, in writing, or by telephone and result in an addendum or modification to the contract.

F.13. Publicity The award of this contract to contractor is not in any way an endorsement of contractor or contractor’s services by GRDA and shall not be so construed by contractor in any advertising or publicity materials. Contractor agrees to submit to GRDA all advertising, sales promotion, and other publicity matters relating to this contract wherein GRDA’s name is mentioned or language used from which the connection of GRDA’s name therewith may, in the GRDA’s judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, sales promotion, or publicity matter without the prior written consent of GRDA. Nor shall contractor release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning this project without obtaining the prior written approval of GRDA.

F.14. Contractors and Sub-Contractors Obligations F.14.1. The contractor agrees that its responsibilities within this contract are unique and may not be assigned or delegated without

the written approval of GRDA. If the contractor cannot perform the services, as identified in the contract, the contractor shall be responsible for subcontracting the services and making alternative arrangements for the provision of the services, only with the prior written approval from the GRDA. The terms of this contract shall be included in any subcontract. Contractor will be liable for any and all additional costs and expenses arising from such subcontract. The contractor shall remain solely responsible for the performance of this contract.

F.14.2. All payments for products or services shall be made directly to the contractor. If sub-contractors are used, the sub-contractors shall be identified in the Proposal and shall include the nature of the services to be performed. GRDA reserves the right to approve any and all sub-contractors providing services under this contract.

F.14.3. All contractor and sub-contractor changes after award, including changes of the actual employees performing services on this contract, are subject to approval by GRDA. No payments shall be made to the contractor for services performed pursuant to this contract by unapproved employees of a sub-contractor.

F.14.4. Contractor's employees or agents, if any, who perform services for GRDA under this agreement shall also be bound by the provisions of this agreement. At the request of GRDA, contractor shall provide adequate evidence that such persons are their employees or agents. In accordance with the section on "Employment Relationship" (Section F.9), GRDA shall not be responsible to contractor’s employees for any employee benefit or any obligation relating to employment, including health insurance benefits, workers' compensation insurance, paid vacation, or any other employee benefit.

F.15. Rights over Products GRDA will retain all physical and property rights over the original documents, digital images, and text files that are products of the project described in this proposal.

F.16. Confidentiality F.16.1. Contractor agrees to accept and hold drawings, specifications, identified computer software, materials and information

furnished by GRDA hereunder in complete confidence, and further agrees not to divulge such to any third party or use the same for its own benefit, except to the extent of performing the work hereunder. Contractor agrees to return all originals and copies of such data and all ancillary information derived therefrom to GRDA promptly upon its request or termination of this Contract, whichever occurs first.

F.16.2. Contractor may have a proprietary interest in information that may be furnished pursuant to the Contract. To the extent allowed by Oklahoma Open Records Act as briefly described in section D.9, GRDA will keep in confidence and will not disclose any such information which is specifically designated in writing as being proprietary to Contractor without the prior written permission of Contractor or use any such information for other than the purpose for which it is supplied. The provisions of this paragraph shall not apply to information, notwithstanding any confidential designation thereof, which is known to GRDA without any restriction as to disclosure or use at the time it is furnished, which is or becomes generally available to the public without breach of any contract, or which is received from a third party without limitation or restriction on said third party or GRDA at the time of disclosure. Contractor also has a proprietary interest in the quotation and the Contract. Accordingly, neither document will be disclosed in whole or in part to third parties without the prior written permission of Contractor. Recording of training programs by video or audio devices is prohibited.

F.16.3. When required by appropriate governmental authority, including governmental regulations, applicable law or regulation, by order of a court of competent jurisdiction or lawful subpoena (hereinafter collectively referred to as "Governmental Authority"), GRDA may disclose such proprietary information to such Governmental Authority; provided, however, that prior to making any such disclosure, GRDA will: (a) provide Contractor with timely advance written notice of the proprietary information requested by such Governmental Authority and GRDA's intent to so disclose: (b) minimize the amount of proprietary information to be provided consonant with the interests of Contractor and its Suppliers and the Requirements of the Governmental Authority involved; and (c) make every reasonable effort (which shall include participation by Contractor in discussions with the Governmental Authority involved) to secure confidential treatment and minimization of the proprietary information to be provided. In the event that efforts to secure confidential treatment are unsuccessful, Contractor shall have


the prior right to revise such information to minimize the disclosure of such information in a manner consonant with its interests and the requirements of the Governmental Authority involved.

F.17. Compliance with Laws The selected Contractor, its officers, agents, employees, and contractors, shall abide by and comply with all federal, state, and local laws. It is agreed and understood that if GRDA calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. If Contractor is in violation of any law, Contractor shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation.

F.18. Assignability The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of GRDA. GRDA may reasonably withhold consent for any reason.

This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of GRDA.

F.19. Injunctions Should GRDA be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of GRDA, Contractor shall not be entitled to make or assert claim for damage by reason of said delay.

F.20. Staff Qualifications The Contractor shall warrant that all persons assigned by it to the performance of this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the contract specifications may result in termination of this contract or damages.

F.21. Certification of Materials Submitted The Bid document, together with the specifications set forth herein and all data submitted by the Contractor to support their response including brochures, manuals, and descriptions covering the operating characteristics of the item(s) proposed, shall become a part of the contract between the Contractor and GRDA. Any written representation covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the contract.

F.22. Background Check If requested by GRDA, prior to being allowed access to the GRDA facility, each employee of the Contractor that will be on site must submit to and successfully pass a comprehensive background check to be completed by GRDA, or a third party contracted by GRDA. Candidates who are considered to have successfully passed the background check will be legally eligible for employment within the United States, will have no felony convictions within the past seven (7) years, no active criminal arrest warrants, and one (1) or no conviction of crimes involving physical violence or theft.


G. ATTACHMENTS Electronic files are attached to this solicitation to complete the required documents. Open Navigation Panes (Paper clip Icon) on left to view files associated with this RFP.

G.1. Attachment #A: RFP Cover Page

G.2. Attachment #B: Non Collusion Affidavit

G.3. Attachment #C: Price Sheet


ATTACHMENT # A RFP COVER PAGE

The bidder must complete and submit this Attachment. This Attachment shall be the cover page for the bidder’s Proposal.

RFP Number:

RFP Description: IT Assessment Study

Bidders Name:

Physical Address:

Phone:

Fax:

Website:

Project Manager assigned to this Project

Project Manager Phone, and Email:

Point of Contact for this RFP:

Point of Contact for this RFP Phone:

Point of Contact Email:

GRDA Visa ePay Payment: GRDA provides a Visa payment program which invoices payment by a secure Visa account number assigned to the bidder after award of contract. Notification of payments and required invoice information are issued to your designated Accounts Receivable contact by e-mail remittance payment.

To learn more about the benefits of the Visa payment program, and to obtain answers to FAQ, click or copy and paste the following URL into your browser: www.bankofamerica.com/epayablesvendors.

This is not a credit card payment at a time of sale. It is an electronic VISA payment after an invoice has been submitted and it may take time for Vendor to receive payment depending upon a payment terms. Vendor will NOT receive payment immediately after submission of invoice. Like a paper check, the VISA payment is processed and completed by the GRDA Accounts Payable. Therefore, payment terms on VISA payment must allow time for invoice processing, e.g., Net7, Net10, Net20, Net30, Net45, etc.

When Vendor enrolls in the ePay program with our Bank (we will have a GRDA representative called Vendor for a one-time setup), Vendor is assigned a 16-digit account number without a plastic card and with a zero credit limit. Vendor will store/keep this account number securely. Once the invoice from Vendor is submitted and approved by GRDA, Vendor will receive remittance advice via email from our Bank that the invoiced amount has been authorized for Vendor to complete the transaction. Vendor will use the assigned 16-digit account number to complete the transaction. Once the transaction is completed, the Vendor account credit limit will return to zero until next payment.

Will accept payment by Visa: Yes No (check one)

Visa acceptance signature:

Designated Accounts Receivable Contact for Visa Remittance Advices:

Name:

Phone:

Email:

Payment Terms: (Must enter Payment Terms on all types of payment methods)

Payment Method: (Enter if the Visa payment above not selected. GRDA does not accept ACH.)


ATTACHMENT # B

NON-COLLUSION AFFIDAVIT

RFP #

A Non-Collusion Affidavit shall be included with any competitive bid or contract submitted for goods or services exceeding $50,000.00, or for any competitive bid or contract submitted for the purpose of repairs and improvements to GRDA facilities exceeding $5,000.00.

A. For purposes of competitive bid or contract, being of lawful age and first duly sworn on oath, I certify:

1. I am the duly authorized agent of , (Company Name)

the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to said bid; 2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and

3. Neither the bidder, nor contractor, nor anyone subject to the bidder’s or contractor’s direction or control, has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor, whether competitively bid or not, has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring this contract herein.

B. The contractor further certifies that no person who has been involved in any manner in the development of said contract while

employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract.

C. If any contract pursuant to this bid is for professional services as defined in 74 O.S. § 85.2.25, and if the final product is a written proposal, report or study, the contractor further certifies that (s)he has not previously provided the state agency or any other state agency with a final product that is a substantial duplication of the final product of the proposed contract.

Authorized Signature Certified this Date

Printed Name Title

State Of County of

Subscribed and sworn to me this day of , 20

Notary Seal: Notary Public Signature

My commission expires:

My commission number:

Grand River Dam Authority is an agency of the State of Oklahoma.

Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • 918-256-5545

GRAND RIVER DAM AUTHORITY


ATTACHMENT # C PRICE SHEET

Conditions:

-Use this Price sheet to complete your cost proposal [Unprotected Excel sheet is provided with this RFP]. -Provide pricing details below to meet full compliance of scope and requirements as defined in RFP. -This shall include everything necessary to complete the Scope of Work. GRDA has identified 5 major phases of this RFP. Bidder shall identify sub-tasks (or project roles/job titles) under each phase as appropriate and display the associated costs. Rows can be deleted/added if needed. -Fully burdened-rates for each unit cost (e.g., hourly rate) shall be provided. The itemized unit and extended price required. Based on bidder's experience with other clients in similar size, scope and business type, bidder shall identify bidder's best estimate on a number of hours needed and price on a firm, fixed hourly basis under section Service Costs. This RFP is a not-to-exceed time and materials contract. In the event that overage on the number of hours is needed during the contract term, the contract may be increased by an amount that does not exceed ten percent (10%) of the original Total Service Cost. For example, the hourly rate is $250/hour (assuming the same blended rate on all tasks/job titles) with the estimate of 800 hours to complete all tasks. The total service cost is $200,000. The increase of 10% from $200,000 is $20,000, therefore, the overage of 80 hours (20,000 / 250) can be added into the contract as the amendment. The same rule applies to the other sections. -Travel and per diem must be quoted. If bidder does not quote on this item, GRDA reserves the right to use the arbitration number to make a cost comparison with other bidders. -List any pricing assumptions and/or notes below the spreadsheet. Service Costs

Work Items / Project Roles/Job Titles Hourly Rate

Number of Hours Cost

Phase 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subtotal 0 $0.00 Phase 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subtotal 0 $0.00 Phase 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subtotal 0 $0.00 Phase 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subtotal 0 $0.00 Phase 5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


$0.00 $0.00

Subtotal 0 $0.00 Total Service Cost 0 $0.00

Other Costs

Items Description and Purpose Billing Unit of Measure

Billing Quantity

Unit Cost Cost

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Total Other Cost $0.00 Cost Without Travel Expense $0.00

Travel and per diem expenses (airfare, lodging, ground transportation, meals, parking, etc.)

UOM Per Round Trip per Person Quantity

Unit Cost Cost

EACH $0.00 EACH $0.00

Subtotal $0.00 Cost With Travel Expense $0.00 Less any discount offered by Vendor

Total $0.00 Pricing Assumptions and notes:

Vendor Name:___________________________________________________________

Authorized Signature:________________________________________________

Printed Name:___________________________________________________

Date:____________________


INSURANCE REQUIREMENTS

MINIMUM INSURANCE REQUIREMENTS

The successful bidder will be required to provide of insurance in the categories and for the minimum limits: commercial general liability insurance with a limit of liability in an amount no less than $1,000,000 per occurrence and professional errors and omissions insurance coverage with a limit of liability in an amount no less than $1,000,000 per occurrence.

WORKERS’ COMPENSATION

As required by the laws of the State of Oklahoma and Employers’ Liability limit of $100,000.00

These limits could be satisfied by either primary coverage or a combination of primary and umbrella coverage.

A Certificate of Insurance must accompany bids on any work to be performed for GRDA.

The Certificate of Insurance must show the name and address of the insured, the GRDA Purchase Order number and/or description of the job to be performed for GRDA, limits of coverage, policy number, effective and expiration dates, etc. The cancellation clause must provide that the Authority is to receive ten (10) days written notice prior to cancellation or to the making of any material change. The successful bidder must inform the insurance agent to submit a revised Certificate of Insurance at renewal of the coverage if the GRDA work will extend until that time.

Grand River Dam Authority is an agency of the State of Oklahoma, fully supported by customer revenues instead of taxes. Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • Phone: 918-256-5545 • Fax: 918-256-1051

GRAND RIVER DAM AUTTHORITY


ATTACHMENT # B

NON-COLLUSION AFFIDAVIT

RFP #

A Non-Collusion Affidavit shall be included with any competitive bid or contract submitted for goods or services exceeding $50,000.00, or for any competitive bid or contract submitted for the purpose of repairs and improvements to GRDA facilities exceeding $5,000.00.

A. For purposes of competitive bid or contract, being of lawful age and first duly sworn on oath, I certify:

1. I am the duly authorized agent of , (Company Name)

the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to said bid; 2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and

3. Neither the bidder, nor contractor, nor anyone subject to the bidder’s or contractor’s direction or control, has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor, whether competitively bid or not, has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring this contract herein.

B. The contractor further certifies that no person who has been involved in any manner in the development of said contract while

employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract.

C. If any contract pursuant to this bid is for professional services as defined in 74 O.S. § 85.2.25, and if the final product is a written proposal, report or study, the contractor further certifies that (s)he has not previously provided the state agency or any other state agency with a final product that is a substantial duplication of the final product of the proposed contract.

Authorized Signature Certified this Date

Printed Name Title

State Of County of

Subscribed and sworn to me this day of , 20

Notary Seal: Notary Public Signature

My commission expires:

My commission number:

Grand River Dam Authority is an agency of the State of Oklahoma.

Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • 918-256-5545

GRAND RIVER DAM AUTHORITY


ATTACHMENT # A RFP COVER PAGE

The bidder must complete and submit this Attachment. This Attachment shall be the cover page for the bidder’s Proposal.

RFP Number:

RFP Description: IT Assessment Study

Bidders Name:

Physical Address:

Phone:

Fax:

Website:

Project Manager assigned to this Project

Project Manager Phone, and Email:

Point of Contact for this RFP:

Point of Contact for this RFP Phone:

Point of Contact Email:

GRDA Visa ePay Payment: GRDA provides a Visa payment program which invoices payment by a secure Visa account number assigned to the bidder after award of contract. Notification of payments and required invoice information are issued to your designated Accounts Receivable contact by e-mail remittance payment.

To learn more about the benefits of the Visa payment program, and to obtain answers to FAQ, click or copy and paste the following URL into your browser: www.bankofamerica.com/epayablesvendors.

This is not a credit card payment at a time of sale. It is an electronic VISA payment after an invoice has been submitted and it may take time for Vendor to receive payment depending upon a payment terms. Vendor will NOT receive payment immediately after submission of invoice. Like a paper check, the VISA payment is processed and completed by the GRDA Accounts Payable. Therefore, payment terms on VISA payment must allow time for invoice processing, e.g., Net7, Net10, Net20, Net30, Net45, etc.

When Vendor enrolls in the ePay program with our Bank (we will have a GRDA representative called Vendor for a one-time setup), Vendor is assigned a 16-digit account number without a plastic card and with a zero credit limit. Vendor will store/keep this account number securely. Once the invoice from Vendor is submitted and approved by GRDA, Vendor will receive remittance advice via email from our Bank that the invoiced amount has been authorized for Vendor to complete the transaction. Vendor will use the assigned 16-digit account number to complete the transaction. Once the transaction is completed, the Vendor account credit limit will return to zero until next payment.

Will accept payment by Visa: Yes No (check one)

Visa acceptance signature:

Designated Accounts Receivable Contact for Visa Remittance Advices:

Name:

Phone:

Email:

Payment Terms: (Must enter Payment Terms on all types of payment methods)

Payment Method: (Enter if the Visa payment above not selected. GRDA does not accept ACH.)

request for proposal (rfp) # 20439 it … unit solicitation package - page 1 1 . request for...

Documents