Contract Formulation and Administration MODULE II

Solicitation Documents: Information for Prospective Contractors Chapter 3 Solicitation Documents: Information for Prospective Contractors

Types of solicitations Request for Proposals (RFPs): A solicitation that is normally used to solicit proposals for services provided by private sector companies. Request for Contractor Qualifications (RFCQs): Similar to the RFP except that it is limited to obtaining information regarding the qualifications of various private sector entities and does not include pricing. (Some agencies use "Request for Information (RFI)" or "Request for Qualifications (RFQ)" but RFCQ is preferred terminology). Request for Quotations (RFQs): An informal solicitation to solicit quotes for low-dollar-value commodities (unusual for services). Invitations for Bids (IFBs): A formal solicitation to solicit bids for high-dollar-value commodities, capital equipment, or construction.

Cover page The cover page includes: Name of state or local government agency. The phrase “Request for Proposals” (RFP number is optional). Project title. Department name. Agency contact information. Website address. Date of solicitation. Due date for receipt of questions regarding this RFP.

Table of contents Table of contents is recommended for RFP templates. Keeps all information organized. Useful when referencing sections of the document.

Notice to prospective contractors 1. Comments and questions: It is preferable for all comment and questions to be submitted via e-mail by the established deadline. Designating e-mail as the only method for submission: Facilitates the handling of questions and comments. Creates a rapid method of communication Provides the capability to prepare a paper or electronic trial of all activities. 2. Communications with agency: Prospective contractors are discouraged to contact any agency employee other then the agency’s project manager.

Notice to prospective contractors 3. Accommodations: (e.g. provide a version of the RFP printed in a larger font size to accommodate those with a sight disability). 4. Confidentiality of proposals: This notification explains the treatment of proposals in order to minimize conflict. 5. Contact information: Prospective contractors should provide their contact information in the event an urgent matter. 6. Address and due date for proposals: An essential element of the RFP.

Notice to prospective contractors 7. No public opening: A reminder that the RFP is not opened publicly. 8. Questions regarding this RFP: Method to be use for communication. 9. Contractors without E-mail access: Alternative option to submit written inquiries for prospective contractors with no e-mail capability. 10. RFP Addenda: All prospective contractors must assure that all addenda has been reviewed. 11. Questions and response posted on website: Indication that all inquires and responses will be posted on agency website for reference.

RFP Introduction Agency must: Make an introductory statement. Provide guidance regarding the intent to use the agency’s standard contact. Refer to the scope of work for a description of the work to be performed.

Background Agency must describe: How the services fit into the using Agency’s function. Legislation or new initiatives that necessitate these services. Other solutions tried in the past, etc.

Scope of work An essential part of the RFP. The scope of work: Is a document that reflects the understanding of the agency’s needs and the contractor’s responsibilities. Describes the nature and extent of the contractor’s work during the contract period. It should use the word "shall" to ensure/emphasize that contractors are required to perform tasks.

Contractor selection process RFP release. Due date for receipt of questions. Paper and digital versions of proposals. Due date for proposals. Opening of proposals. Best and final offers (BAFOs). Initial proposal screening. Total weighed score (TWS). Total weighed score (TWS) combined with oral presentations. Right to reject proposals. Weighted evaluation criteria. Debriefing. Protests. Agency Rights.

Chapter 4 Solicitation Document: Proposal Requirements and Preparation Guidelines

Proposal format Proposal format: Sets forth the rules for preparing and assembling proposals (e.g. format, sequence, maximum length, etc.). Helps ensure equal treatment for all prospective contractors. Helps reduce the agency’s task when making comparisons.

Past performance In this section prospective contractors must include: Background information. Provide details on past experiences with similar projects or otherwise show how contractor is qualified to perform the work. (Small businesses may have become qualified though of her means such as having been practitioners). Provide a list of references.

Financial stability This section must include: Prospective contractor’s most recent audited financial statement. Or similar evidence of financial stability.

Risk assessment The prospective contractor must identify: All risk that apply to the agency if the agency enters into a contract for the project. All measures that will be taken by the contractor or measures that the agency must take to mitigate those risk.

Project plan This is the key element of proposal. This section must include: A thorough description of the approach that will be used to accomplish the tasks outlined in the scope of work. The proposed staffing. Resumes for key staff members. Deployment and organization of personnel.

Outsourcing This section includes: A description of all work to be performed. The percentage of work that will be performed by company employees and subcontractors. The geographical area where all work will be performed.

Contract price The prospective contractor must state the fixed contract price/cost. The proposal must also include: Additional cost. Incremental agency cost.

Life cycle cost Life cycle cost = contract price + incremental agency cost. Incremental agency cost may consist of: Added personnel. Equipment. Facilities. Supplies. Miscellaneous.

Certifications There are 5 types of certifications: Prospective contractor certification. Certification regarding lobbying. Certification of compliance with Pro-Children Act of 1994. Certification regarding debarment, suspension, ineligibility and voluntary exclusion—lower tier covered transactions. Certification of cost or pricing data. (2 - 5 are normally required over some certain threshold for contracts that are fully or partially funded by the federal government. A version of 2 - 4 could be appropriate for state and local government contracting as well).

Proposal preparation instructions Exceptions. Oral explanations. Reference to other data. Elaborate proposals. Desired recycling considerations. Cost of proposal preparation. Time for acceptance. Right to submitted material. Prospective contractor’s representative. Subcontracting. Proprietary information. Historically underutilized businesses. Accommodations.

Model services contract (MSC) A model services contract: Is highly recommended to inform prospective contractors of contract provisions. Simplifies the review and approval process. Decreases potential conflict.