HomeMy WebLinkAboutrequest for proposalTHE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY
INTERNET-BASED SOLUTIONS FOR
PURCHASING CARD SERVICES
AND/OR
TRAVEL MANAGEMENT SERVICES
Michael F. Hauer, CPPO, CPPB
This proposal solicitation document is prepared in a Microsoft Word 9.0 (Office 2000) format. Any
alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation
of any subsequent award, or any other legal remedies available to the Metropolitan Government.
NOTICE TO PROPOSERS
There may be one or more amendments to this proposal solicitation. If your company
desires to receive copies or notices of any such amendments, you must provide the
information requested below to Metro Purchasing. Please send this information to Mary
Etta Lavender via fax at (615) 862-6179 or by e-mail at
maryettaJavender[)a,nashviile.gov. Metro will send amendments only to those firms
that timely complete and return this form via fax or provide the requested
information by timely e-mail.
RFP number
Company name
Mailing address
Phone number
Fax number
Contact person
E-mail address
(RFP #03-13)
Send amendments by (check one): ❑ Fax
E-mail
E-mailed amendments will be sent in a Microsoft Word 9.0 (Office 2000) format. Any
alterations to the document made by the proposer may be grounds for rejection of
proposal, cancellation of any subsequent award, or any other legal remedies available
to the Metropolitan Government.
Amendments also will be posted on the Metro Government Purchasing web site
(http://www.nashville.gov) in a PDF format. Check the Expanded Information page for
the particular proposal solicitation for any posted amendments.
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TABLE OF CONTENTS
Section Number/Description Page Number
1) Introduction/Overview 4
A) Purpose/Objective 4
B) Background 5
C) Inquiries 7
D) Method of Source Selection 7
E) Pre -Proposal Conference 8
F) Minimum Criteria for "Responsibility" 8
G) Projected Timetable 9
2) General Description of Required Performance Outcomes 9
3) Constraints on the Contractor 12
4) Contractor Personnel Requirements 12
5) Contractor Responsibilities 12
6) Metro's Responsibilities 13
7) Terms and Conditions of Contract for Services 13
8) Assistance to Small Businesses 13
9) Instructions for Proposal 15
A) Compliance with the RFP 15
B) Acknowledgment of Insurance Requirements 15
C) Delivery of Proposals 15
D) Evaluation of Proposals (Procedure) 15
E) Ambiguity, Conflict, or Other Errors in the RFP 16
F) Proposal and Presentation Costs 16
G) Rejection of Proposals 16
H) Acceptance of Proposals 16
I) Requests for Clarification of Proposals 17
J) Validity of Proposals 17
K) Response Format 17
L) Evaluation Committee and Evaluation Factors 20
Attachments (Contract for the Purchase of Services, Insurance Requirements,
Affidavits, Current Rebate/Revenue Sharing Program)
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Request for Proposals
RFP No. 03-13
Internet -Based Solutions for
Purchasing Card Services andlor Travel Management Services
1) Introduction/Overview
A) Purpose/Objective
The Metropolitan Government of Nashville and Davidson County (hereinafter, "Metro")
has issued this Request for Proposals (hereinafter, "RFP") for the sole purpose and
intent of obtaining innovative proposals from interested and qualified proposers to
provide Internet -Based Solutions for Purchasing Card (P-Card) Services and/or Travel
Management Services. Proposers may, at their option, submit offers in response to
either or both needs.
Metro's options include, but are not limited to: make one award to encompass both P-
Card services and travel management services; make separate awards for P-card
services and travel management services; make an award for one but not both
categories of services; or make no award at all. Any successful proposer(s) will be
referred to hereinafter as Contractor(s).
Contractor or Contractors shall provide service to both the Metropolitan Government of
Nashville and Davidson County (hereinafter, Metro) and the Metropolitan Nashville
Public Schools (hereinafter, Schools). However, any resulting contract or contracts
shall be with Metro.
Metro intends that, if an award is made and a (new) contract is established for P-Card
Services, a substantial number of Metro and Schools employees will receive and be
authorized to use P -Cards to purchase goods and services, including those related to
fleet and travel. Metro and the Schools have been using p-cards since 1998.
Purchases currently made by Metro and Schools employees with p-cards fall into two
categories. The larger category consists of high volume, relatively small dollar value
purchases of goods and services not on contract. The smaller category consists of
purchases of lower dollar value goods and services that are available under contract,
including contracts established by Metro and the State of Tennessee Department of
General Services.
Metro and the Schools are interested in expanding the use of p-cards in both
categories. They also are willing to consider the use of p-cards for higher dollar, non-
contract purchases as well as higher dollar, contract purchases, provided that the
necessary controls can be assured.
If an award is made and a contract is established for Travel Management Services, a
select number of Metro employees will receive and be authorized to use travel cards for
approved travel related expenses. In addition, any Metro or Schools employee will be
able to use the other services provided under the contract, including web -based travel
agency services and online travel expense reimbursement and reporting services, for
approved Metro or Schools travel.
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A significant, but not sole basis of award will be that the contractor will commit
contractually to provide either or both package of services in accordance with Metro's
requirements.
Both the proposals received in response to this RFP and the performance of the firm
awarded a contract through this RFP will be evaluated, to the extent practicable, on the
basis of performance outcomes (results) as opposed to specified inputs or outputs.
When evaluating a Proposer's approach to achieving the required performance
outcome, Metro will consider the relative feasibility to Metro of the proposed method of
achieving the result, and the relative degree of risk, if any, the proposed method poses
to Metro.
Unless changed by the Metro, services under the anticipated contract will commence
April 1, 2003 and continue through February 29, 2008.
As is more fully explained in Section 9 of this RFP, an award, if made, will be made to
the responsible proposer whose proposal is most advantageous to Metro, taking into
consideration the evaluation factors set forth in this RFP. Metro will not use any other
factors or criteria in the evaluation of proposals received.
PLEASE NOTE: Metro is asking proposers to explain in their proposed business plans
for P-Cards whether, to what extent, and how they might be able to enable Metro to
efficiently authorize/restrict, control, and report procurement card expenditures based
on the NIGP Commodity Code at the five -digit class -item level. Such a capability would
be especially useful to Metro in the areas of travel management, grants management,
and small and minority business assistance. It also would assist Metro in planning and
developing term contracts.
B) Background
P-Cards
Metro's present purchasing card contract is with SunTrust. This contract was awarded
through a competitive RFP process.
Metro's purchasing card program under the present contract commenced in May 1998
as a three (3) month pilot program with one (1) agency. There were approximately
seventy (70) cardholders during the pilot program. Currently, seventy-one agencies
utilize this Program, and there are more than nine hundred (900+) cardholders.
Metropolitan Nashville Public Schools launched its separately maintained program at
approximately the same time as Metro, pursuant to the same RFP that Metro had used
to create its program. There are currently 390 cardholders within the Schools system.
The growth of the Metro program, in relation to number of transactions and
expenditures, is provided by fiscal year in Exhibit 1. Metro's fiscal year runs from July 1
to June 30.
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Exhibit 1
Metro's Procurement -Card Activity, 1998 to Present
Fiscal Year
Number of Transactions
Expenditures
97-98
881 (two months)
$ 96,072
98-99
9,334
$ 1,354,860
99-00
22,710
$ 4,138,410
00-01
31,625
$ 6,517,592
01-02
42,183
$ 8,670,432
Metro's Program has three (3) levels for single transaction limits: $999.99, $3,999.99,
and $9,999.99. These levels are based on the agency's delegation of purchasing
authority.
The activity of the Metropolitan Public Schools for the same time period is as follows:
Exhibit 2
Schools' Procurement -Card Activity, 1998 to Present
Fiscal Year
Number of Transactions
Expenditures
97-98
5,017
$ 703,702
98-99
13,214
$ 1,800,452
99-00
11,564
$2,765,106
00-01
8,954
$ 2,182,843
01-02
15,337
$ 4,075,705
Authorized Metro and Schools employees use P-cards primarily to make relatively low
dollar value purchases of goods and services, including those related to fleet and travel.
Some purchases that could and should be made with procurement cards are still made
through Tess efficient and cost effective means, such as petty cash, vouchers, or
purchase orders.
Metro and Schools staff currently provide onsite training for cardholders. Each
department has received group training, and each new cardholder has received
individual training.
Metro's current cards have the Metro logo, the Metropolitan Gov't of Nashville, and the
Tax Exempt # on them.
A copy of the current rebate program offered by SunTrust is attached.
Metro's and the Schools' current card programs are not Internet -based. Card
applications are sent via fax, and cards are received usually within five business days.
Transaction information is received in hard copy and through dial -up modem.
A "reloadable, stored value/descending balance card" is not provided under the current
contract, but is sought in the upcoming contract.
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Thus, there is no historical data for such a card in Metro. Likewise, the details of such a
card — including how often they would be loaded with value, whether these cards would
be used at point of sale locations, whether they would need access to ATMs for cash,
and how long such cards would be active — will have to be addressed through the new
contract.
New cards will be issued after training on the new program.
Metro plans to implement a complete internet/intranet-based procurement solution in
the immediate future. The details of this solution are being developed at the present
time.
Travel Management Services
Metro entered into a contract for travel card services as a result of an RFP issued in
1997. However the travel card program was never implemented.
Metro has no contract for travel agency services.
Travel authorizations and expense reimbursement requests currently are prepared and
submitted manually.
The travel expenditures for the fiscal year ending June 30, 2002 were $826,883.00
C) Inquiries
Direct questions related to this RFP to Michael F. Hauer, CPPO, CPPB, and submit
such questions in writing when time permits. Please include the RFP number, page, and
paragraph number for each question in order to ensure that questions asked are
responded to correctly.
if you mail the questions to Mr. Hauer at the Division of Purchases, allow sufficient time
for receipt and response to questions. Additionally, do not place the RFP number on the
outside of the envelope containing questions, as it may be improperly identified as an
envelope containing a proposal, and not opened until after the official RFP close date.
It is preferable that all prospective proposers send all questions either by fax or e-mail to
Mr. Hauer. The fax number for Metro's Division of Purchases is (615) 862-6179, and Mr.
Hauer's e-mail address is: mike.hauer@nashville.gov.
Proposers must clearly understand that the only official answer or position of Metro will
be the one stated in writing. For general questions, call Mr. Hauer at (615) 862-6180.
D) Method of Source Selection
Metro is using the Competitive Sealed Proposals method of source selection, as
authorized by Section 4.12.040 of the Metropolitan Procurement Code, for this
procurement.
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An award, if made, will be made to the responsible offer whose proposal is most
advantageous to Metro, taking into consideration the factors set forth in this RFP. Metro
will not use any other factors or criteria in the evaluation of proposals received.
Metro may, as is deems necessary, conduct discussions with responsible proposers
that have been determined to be reasonably susceptible of being selected for award for
the purpose of clarification to assure full understanding of, and responsiveness to
solicitation requirements.
E) Pre -Proposal Conference
A non -mandatory pre -proposal conference will be held on February 12, 2003
commencing promptly at 9:00 a.m., and will be held in Metro's Division of Purchases
Training Room, located at 222 Third Avenue North, Sixth Floor, Nashville TN, 37201.
The purpose of the pre -proposal conference is to allow an open forum for discussion
and questioning regarding the RFP with all prospective proposers having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of
which will be official, nor become part of the RFP.
Only written responses to written questions will be considered official. Written
responses to all written questions will be e-mailed, faxed, or mailed to the prospective
proposers who attend the pre -proposal conference. Additionally, this same information
will be available for view and/or download from Metro's website: www.nashville.gov, and
be located on the Bidding Opportunities Bulletin ("BOB"). This will be included in the
RFP thereby as an addendum.
All prospective proposers are encouraged to attend. This will be the only pre -proposal
conference for this solicitation.
F) Minimum (General) Criteria the Metro Will Use to Determine the "Responsibility" of
Each Proposer
• Does the Offeror demonstrate an understanding of Metro's needs?
• Does the Offeror possess the ability, capacity, skill, and financial resources to
provide the required solution(s)?
• Can the Offeror take upon itself the responsibilities set forth in the RFP (and
resultant contract) and produce the required outcomes timely?
• Does the Offeror have the character, integrity, reputation, judgment, experience, and
efficiency required by the contract?
• Has the Offeror performed satisfactorily in previous contracts of similar size and
scope; or, if the prime contractor has not performed a contract of similar size and
scope, has it (and/or its team members) otherwise demonstrated its capability to
perform the contract Metro seeks to establish through this RFP?
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G) Projected Timetable
The following projected timetable should be used as a working guide for planning
purposes. Metro reserves the right to adjust this timetable as required during the course
of the RFP process.
Event Date
RFP Notice Issued
Last Date for Receipt of Questions
Pre -Proposal Conference
Addendum Issued for Pre -Proposal Questions
Proposal Close Date
Complete Evaluation of Proposals (Short List)
Oral Presentations (if applicable)
Complete Contract Negotiations/Execute Contract
January 29, 2003
February 7, 2003
February 12, 2003
To Be Determined
February 26, 2003
To Be Determined
To Be Determined
To Be Determined
2) General Description of Required Performance Outcomes
At a minimum, the Contractor must achieve and maintain the performance outcomes
listed below, and consistent with performance standards agreed to by all parties through
a contract as a result of this RFP. Proposers may also propose additional performance
outcomes beyond those minimally required.
P-Cards
If an award is made and a contract is implemented for Purchasing Cards (P-Card)
services, the Contractor shall, through the term of the contract, enable Metro and
Schools to achieve several goals related to the use of P-Cards, including:
• Maximum practicable use of the p-cards provided by Contractor to make
relatively low dollar value, high volume purchases of goods and services.
• To the extent that Contractor can assure or enable adequate control and not
add inefficiency, maximum practicable use of the p-cards provided by
Contractor to make higher dollar, non -contract purchases as well as higher
dollar, contract purchases.
• Soft dollar savings as a result of increased administrative efficiency and better
resource allocation for central and departmental staff,
• Hard dollar savings as a result of reduced maverick buying and enhanced
information regarding purchases, such as, for example, standard reports of
purchases broken out vendor, industry code, and product/service code.
• Internet-based/online program administration, including workflow processes
that provide for efficient, economical, and effective:
Card application and approval;
Creation of cardholder profiles (authorized limits, merchant category
codes, etc.)
Transaction reporting;
Changes in cardholder profiles (permanent and by exception);
Card cancellation.
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• The capability for each cardholder to view on-line his/her account transaction
information, to reconcile online his/her account, and to make online requests
for changes in his/her card profile to his/her agency's Program Representative.
• The capability for each agency Program Representative to view on-line his/her
agency's participant account information, to reconcile online his/her agency's
total expenditures, and forward online the reconciled statements to Metro's
Division of Accounts.
• The capability for the Division of Accounts to reconcile Metro's total
expenditure on-line, and, to the extent feasible, to upload the reconciled
transaction data directly from the electronic p-card solution into Metro's
automated accounting system, through integration with the J.D. Edwards ERP
solution.
• The capability for each agency Program Representative to approve cardholder
applications and cardholder profile changes online, and forward the approved
applications and changes through the online solution to the Program
Administrator.
• The capability for the Program Administrator to view on-line the account
transactions of all participants, to make changes online in real-time to existing
accounts, and establish online new participant accounts.
• To the extent feasible, the capability for the Program Administrator to authorize
or block purchases of goods or services, including ATM transactions, based on
merchant class codes, and the NIGP commodity code at the 5-digit class -item
level.
• Data capture and standard and custom reporting capabilities that meet Metro's
needs in the areas of financial management and control, and contract planning
and development. This includes the capability, to the extent feasible, for Metro
to efficiently authorize or block, track, and report procurement card
expenditures based on the NIGP Commodity Code at the five -digit item class -
item level without having to enter transaction data after -the -fact. For
information regarding the NIGP Commodity Code and how the desired
authorization/restriction and reporting capabilities might be developed based
on the NIGP code, contact Mr. Forrest Simonton of NIGP Code Services by
email at fsimonton(@..nigp.com, or by phone at (800) 757-6064.
■ Data capture and standard and custom reporting capabilities that enable Metro
to provide the highest possible level of assistance to minority and small
businesses. Metro's needs in this regard include as much data captured as
possible from card transactions for inclusion in the government's monthly
reports of purchases from small and disadvantaged businesses, based on
Metro's categories and definitions, whether such businesses are registered
with Metro or not. Those categories include minority -owned small business,
woman -owned small businesses, and other small businesses.
• As much data captured as possible from card transactions for inclusion in
Metro's and the Schools' quarterly reports of purchases from minority -owned
businesses, woman -owned businesses, socially and economically
disadvantaged businesses other than minority and woman owned businesses,
small businesses that do not fit into any of the first three categories, and large
businesses that do not fit into any of the first three categories.
■ To the extent feasible, the ability and agreement of the Contractor to receive
electronic payment from Metro for services rendered through the program.
• Maximum return to Metro in the form of a rebate/revenue-sharing program.
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• The lowest possible adverse impact and the highest possible positive impact
on small businesses.
• The capability for the Program Administrator to issue reloadable, descending
balance/stored value cards and ghost cards as well as conventional P-Cards.
• To the extent feasible, the ability for a buyer in central purchasing to make a
purchase on behalf of another cardholder, using that cardholder's card
number.
• Data capture and standard and custom reporting capabilities that enable Metro
to obtain as much data captured as possible from purchasing card transactions
including vendor name, credit card number, cardholder name, date purchased,
product description, amount paid, etc. This reporting capability should include
the ability to download transaction data into common spreadsheet formats
including MS Excel and/or Access.
Travel Management Services
Metro's goals in the area of Travel Management services include:
• Broadest possible acceptance of the travel card (or "one card") provided by
Contractor to book and pay for travel -related services, including those provided
by airlines, hotels/motels, and restaurants.
• The ability for any Metro or Schools employee to reserve and pay for airline
travel and lodging through a customer friendly web site that facilitates well-
informed choices that are in Metro's or the Schools' best interest.
• Internet-based/online program administration, including workflow processes
that provide for efficient, economical, and effective:
Travel requests and approvals;
Expense reimbursement;
Card application and approval;
Creation of cardholder profiles;
Transaction reporting;
Changes in cardholder profiles (permanent and by exception);
- Card suspension or cancellation.
• Data capture and standard and custom reporting capabilities that meet Metro's
needs in the areas of financial management and control, and contract planning
and development, including the ability to authorize or block, track, and report
purchases at the 5-digit class -item level of the NIGP commodity code without
necessity of manual data entry.
• Data capture and standard and custom reporting capabilities that enable Metro
to provide the highest possible level of assistance to minority and small
businesses. Metro's needs in this regard include as much data captured as
possible from card transactions for inclusion in the government's monthly
reports of purchases from small and disadvantaged businesses, based on
Metro's categories and definitions, whether such businesses are registered
with Metro or not. Those categories include minority owned small business,
woman owned small businesses, and other small businesses.
• To the extent feasible, the ability to directly upload transactional data into
Metro's automated accounting system, through integration with Metro's J.D.
Edwards ERP solution.
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• Maximum return to Metro in the form of a rebate/revenue sharing/ travel
awards program.
• To the extent feasible, the ability to receive electronic payment from Metro for
services rendered through the program.
Both Services
Metro's goals applicable to both sets of services include:
■ Maximum effectiveness, efficiency, and economy for card users.,
• Maximum effectiveness, efficiency, economy, and control for agency
administrators and managers.
• Maximum effectiveness, efficiency, economy, and control for the Procurement
Card Administrator(s), including the ability to make changes immediately.
• Maximum effectiveness, efficiency, economy, and control for the for the
Divisions of Accounts, Purchases, Audit, and Treasury, including the ability to
migrate data seamlessly to Metro's and the Schools' common J.D. Edwards
ERP solution,
■ Support for Metro's 1099 reporting requirements
■ Outstanding customer service.
3) Constraints on the Contractor
These include:
• The Contractor shall perform service in accordance with the guidelines set forth
in the Purchasing Card Program Policies and Procedures Manual.
• The Contractor shall perform service in accordance with the Metropolitan
Procurement Code and the Regulations to the Code.
4) Contractor's Personnel Requirements
These include:
• The Contractor must provide a central point of contact person(s) to ensure
coordination of each Program, as well as individuals that have the necessary
expertise to "trouble shoot" the provided solution.
5) Contractor's Responsibilities
These include:
• Provide a p-card design that is compatible with Metro's needs.
• Provide a Travel Card design that is compatible with Metro's needs.
• Provide access to services, via the Internet, to all program participants.
• Provide a toll free 24 hour, 365 day a year telephone number for customer
service.
• Complete on -site "Train the Trainer" training for the various levels of card
program administration.
• Implement a complete interface of the card solution(s) to Metro's J.D. Edwards
financial software solution, in order to permit uploading of transactional data.
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• Provide a program that is free of annual fees or interest charges on current
balances.
6) Metro's Responsibilities
■ Supply a Program Administrator as a central point of contact.
■ Supply cardholders with a Policies and Procedures Manual.
• Supply cardholders with the necessary training.
• Seek to minimize fraudulent card use through security and other appropriate
measures and actions.
7) Terms and Conditions of Contract for Services
A contract resulting from this RFP shall be subject to the terms and conditions set forth
in the attached "Contract for the Purchase of Services".
8) Assistance to Small Businesses
Metro provides an incentive to each proposer to this RFP in order to maximize the
usage of small businesses in the performance of the contract.
In the evaluation of proposal responses, it rewards an Offeror for committing to use
small businesses as subcontractors by considering the minimum dollar value of
committed small business subcontractor participation. In addition, if the proposer is a
small business, it also rewards the Offeror for the amount of work it commits to self -
perform. The relative dollar value of total committed small business participation in a
particular Offerors proposal will determine how many points it receives in the small
business participation category.
Proposers who desire assistance in locating potential small businesses are encouraged
to contact Ms. Roxianne Bethune, Metro's Minority and Small Business Coordinator, at
(615) 862-6180.
Definition of Small Business
A "small business" means a United States business which is independently owned and
operated and which is not dominant in its field of operation or an affiliate or subsidiary of
a business dominant in its field. In addition, in order to qualify as a small business for
purposes of this RFP, a business must meet the standards set forth on the "Affidavit for
Claiming Status as a Small Business" included as part of this RFP.
Documentation Requirements
Proposer must utilize the format in the RFP Documents. If Offeror proposes to utilize
subcontractors that are Small Businesses, and/or if the Offeror intends to claim small
business status for itself, Offeror must list small businesses' names, the committed
value of work each will perform.
Metro will not permit changes to the list of proposed small businesses after the
proposals are received and opened except as authorized by law.
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Submission of a proposal shall constitute Offeror's representation that both neither
Proposer nor an officer, agent or employee of Proposer, or the spouse, parent or child
of an officer, agent or employee of Proposer, is involved in the ownership, operation or
management of any subcontractor claiming status as a small business for purposes of
this Contract.
Further, submission of a proposal response shall constitute Proposers representation
that every subcontractor claiming status as a small Business for purposes of this
Contract has been doing business under its current name and ownership for at least
one year prior to proposal date in the trade in which it will be employed by Offeror in the
performance of Contract work. Proposer shall collect and submit with its Proposal an
"Affidavit for Claiming Status as a Small Business" from each proposed Small Business.
A blank copy of this Affidavit form is included as an attachment to this RFP. As a
condition of progress payments to the contractor, Owner will require that Contractor
submit evidence of participation of and Contractor's payment to all Small Businesses
participating in the Project.
This evidence shall consist of Copies of Subcontracts, Subcontractors' Applications for
Payment, Subcontractors' Certified Payrolls, and proof of payment for Small Business
Subcontractors; and Purchase Orders, Invoices, and Proof of Payment for Small
Business Suppliers.
If, during the course of the Contract, Contractor fails to maintain the level of small
business participation shown in Contractor's Proposal, or if any material representation
made in Contractor's Proposal concerning the small business status of any
Subcontractor or Contractor's involvement in the ownership, operation or management
of any Subcontractor claiming status as a Small Business is shown to be false to the
satisfaction of Owner's designated representative acting in good faith, Owner may, at its
sole option and in addition to any other remedies available under the Contract, at law or
in equity, terminate the Contract.
Whether or not Owner terminates the Contract, immediately upon demand, Contractor
shall refund to Owner the difference between Contractor's total base proposal and the
total base amount of the next lowest responsive and responsible offer submitted, or any
lesser portion thereof that Owner, in its sole discretion, deems appropriate. Further, in
the event that Owner terminates the Contract, Contractor shall pay Owner's full
reprocurement costs, including, without limitation, any costs associated with
reprocurement delays. Owner will institute debarment proceedings against any Offeror
that misrepresents in a proposal any material fact concerning the Small Business status
of any Subcontractor or Proposers involvement in the ownership, operation or
management of any Subcontractor claiming status as a Small Business.
Proposer shall also collect and submit with its proposal an "Affidavit for Claiming Status
as a Disadvantaged Business" from each proposed Small Business that also that also
claims status as a Disadvantaged Business. This Affidavit form is included as an
attachment to this RFP.
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9) Instructions for Proposal
A) Compliance with the RFP
Proposals must be in strict compliance with this Request for Proposals. Failure to
comply with all provisions of the RFP may result in disqualification.
B) Acknowledgment of Insurance Requirements
By signing its proposal, Offeror acknowledges that it has read and understands the
insurance requirements for the proposal. Offeror also understands that the evidence of
required insurance must be submitted within fifteen (15) working days following
notification of its offer being accepted; otherwise, the Department may rescind its
acceptance of the Offeror's proposal. The insurance requirements are attached.
C) Delivery of Proposals
All proposals are to be delivered before 3:00 p.m., Nashville local time, on February, 26,
2003 to:
Metropolitan Government of Nashville and Davidson County
Division of Purchases
Michael F. Hauer, CPPO, CPPB
222 Third Avenue North, Sixth Floor
Nashville, TN 37201
Metro will not accept any proposals received after the date/time stated herein, and shall
request Proposer to make arrangement to retrieve late proposals.
Metro shall not bear the responsibility for proposals delivered past the stated date and
or time, or to an incorrect address by proposer's personnel or by the proposer's outside
carrier.
Proposers must submit one (1) designated original, and nine (9) numbered exact copies
of the proposal (total of 10). Proposals will be opened publicly in a manner to avoid
public disclosure of contents; however, only names of proposers will be read aloud.
List the Request for Proposal (RFP) Number on the outside of the box or envelope and
note "Proposal Enclosed."
D) Evaluation of Proposals (Procedure)
Metro will first examine proposals to eliminate those that are clearly non -responsive to
the stated requirements. Therefore, proposers should exercise particular care in
reviewing the proposal format required for this RFP.
An Evaluation Committee, approved by the Metropolitan Government Purchasing
Agent, shall then score all proposals based upon the evaluation factors detailed herein.
Upon completion of the scoring, the Committee may recommend short -listing the
proposals that are potentially acceptable and acceptable.
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The detailed evaluation that follows the initial examination may result in more than one
finalist. At this point, the Committee may request presentations by proposers, and carry
out contract negotiations for the purpose of obtaining best and final offers.
The Metropolitan Government Purchasing Agent reserves the right to withdraw this RFP
at any time and for any reason, and to issue such clarifications, modifications, and/or
amendments as it may deem appropriate.
Receipt of a proposal by the Purchasing Department or a submission of a proposal to
the Purchasing Department offers no rights upon the Proposer nor obligates Metro in
any manner.
The Metropolitan Government Purchasing Agent reserves the right to waive minor
irregularities in proposals, provided that such action is in the best interest of Metro. Any
such waiver shall not modify any remaining RFP requirements or excuse the Proposer
from full compliance with the RFP specifications and other contract requirements if the
Proposer is awarded the Contract.
E) Ambiguity, Conflict, or Other Errors in the RFP
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in
the RFP, it shall immediately notify the Purchasing Department of such error in writing
and request modification or clarification of the document. The Purchasing Department
will make modifications by issuing a written revision and will give written notice to all
parties who have received this RFP from the Purchasing Department.
The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission,
or other error in the Request for Proposals prior to submitting the proposal or it shall be
waived.
F) Proposals and Presentation Costs
Metro will not be liable in any way for any costs incurred by any proposer in the
preparation of its proposal in response to this RFP, nor for the presentation of its
proposal and/or participation in any discussions or negotiations.
G) Rejection of Proposals
The Metropolitan Government Purchasing Agent reserves the right to accept or reject in
whole or in part any or all proposals submitted. The Metropolitan Government
Purchasing Agent shall reject the proposal of any proposer that is determined to be non-
responsive. The unreasonable failure of a proposer to promptly supply information in
connection with respect to responsibility may be grounds for a determination of non -
responsibility.
H) Acceptance of Proposals
The Metropolitan Government Purchasing Agent shall accept all proposals that are
submitted properly. However, the Metropolitan Government Purchasing Agent reserves
the right to request clarifications or corrections to proposals.
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l) Requests for Clarification of Proposals
Requests by the Metropolitan Government Purchasing Agent for clarification of
proposals shall be in writing. Said requests shall not alter the Proposer's pricing
information contained in its proposal.
J) Validity of Proposals
All proposals shall be valid for a period of 90 days from the submission date.
K) Response Format
To facilitate the fair evaluation and comparison of proposals, all proposals must conform
to the guidelines set forth in this RFP. Any portions of the proposal that do not comply
with these guidelines must be so noted and explained the Acceptance of Conditions
section of the proposal. However, any proposal that contains such variances may be
considered non -responsive.
Proposals should be prepared simply and economically, providing a straightforward
concise description of the Proposer's approach and ability to meet Metro's needs, as
stated in the RFP. All copies of the proposal should be bound in a three (3) ring binder
for uniformity and ease of handling.
The items listed below shall be submitted with each proposal and should be submitted
in the order shown. Each section should be clearly labeled, with pages numbered and
separated by tabs.
Failure by a proposer to include all listed items may result in the rejection of its
proposal.
P-Card Solution (Stand -Alone, or as Platform for One Card Solution)
■ Tab I, Management Summary
Provide a cover letter, signed by an authorized officer of the firm, summarizing the P-
Card solution you are proposing to provide and describing the underlying philosophy of
your firm in providing the proposed solution. Include the name(s), telephone number(s),
and e-mail address(s) of the authorized contact person(s) for your proposal.
■ Tab II, Business Plan
Include:
a) Description of the proposed contract team, and the role to be played by each
member of the proposed team
b) Proposed team organizational structure, interrelationships, and interactions
c) Detailed plan of approach [including how you intend to achieve and attain each of
the required performance outcomes set forth in section 2) of this RFP, and to
fulfill each of the contractor responsibilities set forth in section 5) of this RFP.]
17
d) Proposed processes for disputed charges, including a description of Metro's
liabilities and any interest implications, turnaround time for resolving disputes,
and whether Metro will accrue any interest charges while a matter is under
review.
e) Proposed service quality program to include contingency plans in case of failure
of any business partners to provide service and/or to jeopardize the integrity of
the Program
• Tab 111, Compensation and Cost Data
Provide any and all costs that would be associated with the P-Card program you are
proposing, as well as a detailed explanation of any rebate/revenue-sharing/travel
awards program being offered as an element of such program.
■ Tab IV, Corporate Experience and Capacity
Provide information, which documents your firm's, and if applicable, any subcontractors'
qualifications to produce the required outcomes and fulfill the required responsibilities of
the program offered, including its/their ability, capacity, skill, financial strength, and
number of years of experience in providing the required services,
• Tab V, Kev Personnel
Attach resumes of all managers and supervisors who will be involved in the
management of the services to Metro.
• Tab Vl, Customer Listing
Provide a listing of all governmental customers during the past three years for
Purchasing Card Programs of similar size and scope. The services provided to these
clients should have characteristics as similar as possible to those requested in this RFP.
Information provided for each client shall include the following:
Client name, address, and current telephone number
Description of services provided
Time period of the project or contract
Client's contact reference name and current telephone number
Failure to provide complete and accurate client information, as specified here, may
result in the disqualification of your proposal, or cancellation of the contract and your
suspension or debarment from further business with Metro.
• Tab Vil, Committed Level of Small Business Participation
See section 8 for information to be provided.
• Tab VI11, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, the insurance
requirements, the Contract for Services, and any other requirements listed in the RFP.
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Travel Management Solution
• Tab I, Management Summary
Provide a cover letter, signed by an authorized officer of the firm, summarizing the travel
management solution or solutions you are proposing to provide and stating the
underlying philosophy of your firm in providing the proposed solution(s). Include the
name(s), telephone number(s), and e-mail address(s) of the authorized contact
person(s) for your proposal.
• Tab II, Acceptance Rate
Provide data from a recognized, independent source that establishes the acceptance
rate for your travel card.
• Tab III, Business Plan
Include:
a) Description of the proposed contract team, and the role to be played by each
member of the proposed team
b) Proposed team organizational structure, interrelationships, and interactions
c) Detailed plan of approach [including how you intend to achieve and attain each of
the required performance outcomes set forth in section 2) of this RFP, and to
fulfill each of the contractor responsibilities set forth in section 5) of this RFP.]
f) Proposed service quality program to include contingency plans in case of failure
of any business partners to provide service and/or to jeopardize the integrity of
the Program
• Tab IV, Compensation and Cost Data
Provide any and all costs that may be associated with the travel management program,
as well as a detailed explanation of any rebate/revenue-sharing/travel awards program
being offered as an element of such program.
• Tab V, Corporate Experience and Capacity
Provide information, which documents your firm's, and if applicable, any subcontractors'
qualifications to produce the required outcomes and fulfill the required responsibilities of
the program offered, including its/their ability, capacity, skill, financial strength, and
number of years of experience in providing the required services.
• Tab VI, Key Personnel
Attach resumes of all managers and supervisors who will be involved in the
management of the services to Metro.
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• Tab VII, Customer Listing
Provide a listing of all governmental customers during the past three years for Travel
Management Programs of similar size and scope. The services provided to these clients
should have characteristics as similar as possible to those requested in this RFP.
Information provided for each client shall include the following:
Client name, address, and current telephone number
Description of services provided
Time period of the project or contract
Client's contact reference name and current telephone number
Failure to provide complete and accurate client information, as specified here, may
result in the disqualification of your proposal, or cancellation of the contract and your
suspension or debarment from further business with Metro.
• Tab VIII, Committed Level of Small Business Participation
See section 8 for information to be provided.
■ Tab IX, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, the insurance
requirements, the Contract for Services, and any other requirements listed in the RFP.
L) Evaluation Committee and Evaluation Factors
A panel appointed by the Metropolitan Purchasing Agent will evaluate proposals. Other
agencies and consultants of the Government also may examine documents.
As indicated previously, Metro's options include, but are not limited to: make one award
to encompass both P-Card services and travel management services; make separate
awards for P-card services and travel management services; make an award for one
but not both categories of services; or make no award at all.
The factors to be considered in the evaluation of proposals are listed below. While the
Government believes all these items to be of importance, they are ranked in descending
order of importance.
P-Cards
• Documented current acceptance rate of the offeror's p-card by registered Metro
vendors, as calculated by Metro.
• Responsiveness and Feasibility of Proposed Business Plan, including overall
approach/philosophy to providing the service, proposed contract team and
organizational structure, detailed plan of approach (for achieving and attaining each
of the required performance outcomes set forth in section 2] of this RFP), proposed
service quality program, plan to enable Metro to control and report based on the
NIGP Commodity Code, and the Government's analysis of the risks posed by
Offeror's proposed solution
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• ANY and ALL costs to Metro associated with full implementation of the proposed
business plan and any proposed rebate/revenue sharing/travel awards program(s).
• Offeror's Ability, Capacity, Skill, and Financial Strength to Provide the Service
• Customer Evaluations of Proposer's Past Performance
• Committed Measurable Level of Small Business Participation
Travel Management
• Documented current acceptance rate of the offeror's travel -card as attested to by an
independent source.
• Responsiveness and Feasibility of Proposed Business Plan, including overall
approach/philosophy to providing the service, proposed contract team and
organizational structure, detailed plan of approach (for achieving and attaining each
of the required performance outcomes set forth in section 2] of this RFP), proposed
service quality program, plan to enable Metro to control and report based on the
NIGP Commodity Code, and the Government's analysis of the risks posed by
Offeror's proposed solution
• ANY and ALL costs to Metro associated with full implementation of the proposed
business plan and any proposed rebate/revenue sharing/travel awards program(s).
• Offeror's Ability, Capacity, Skill, and Financial Strength to Provide the Service
• Customer Evaluations of Proposer's Past Performance
• Committed Measurable Level of Small Business Participation
Attachments:
*Contract for Service
*Insurance Requirements
Affidavits
Copy of Current Rebate/Revenue Sharing Program
*These documents are for your information only at this time. The successful offeror shall
be required to execute them upon notice of award.
21
Number:
Date:
CONTRACT BETWEEN
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
AND
(CONTRACTOR NAME)
FOR THE PURCHASE OF SERVICES
This contract is entered into on this day of , 200 , by and between THE
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, a
municipal corporation of the State of Tennessee ("Metro") and ("Contractor"). This
contract consists of the following documents:
• This Document,
• Request for Proposal (RFP) #03-13,
• Contractor's Proposal, and
• Insurance Requirements
In the event of conflicting provisions, all documents shall
following priorities:
• Any properly executed amendment or change
recent with first priority),
• This contract,
• RFP #03-13,
• Contractor's Proposal, and
• Certificate of Insurance
1. Duties and Responsibilities of Contractor. Contractor agrees to provide and Metro
agrees to purchase the following services:
(brief description)
2. Term.
a) The term of this contract will begin on the date this contract is signed by all
required parties and filed in the office of the Metropolitan Clerk. Metro
contemplates that the contract term will begin on or about (beginning
date). The initial contract term will end on (ending date).
b) This contract ❑ may be / ❑ may not be extended for ( ) additional
term(s) of ( ) each. The option to extend shall be exercised by
and in the discretion of the Purchasing Agent. To be effective, any extension
must be approved by Metro's Department of Law and Department of Finance. In
no event shall the term of this contract, including extensions, exceed
( )
be construed according to the
order to this contract (most
22
3. Compensation. Contractor shall be paid , to be billed on the following basis:
(check if applicable)
a) ❑ single payment following completion,
b) ❑ monthly, beginning
c) ❑ quarterly, beginning
d) ❑ other (explain)
There will be no other charges or fees for the performance of this contract. Metro will
make reasonable efforts to make payments within 30 days of receipt of invoice but in
any event shall make payment within 60 days. Metro will make reasonable efforts to
make payments to Small Businesses within 15 days of receipt of invoice but in any
event shall make payment within 60 days.
4. Taxes. Metro shall not be responsible for any taxes that are imposed on Contractor.
Furthermore, Contractor understands that it cannot claim exemption from taxes by
virtue of any exemption that is provided to Metro.
5. Copyright. Trademark, Service Mark, or Patent Infringement.
a) Contractor shall, at its own expense, be entitled to and shall have the duty to
defend any suit which may be brought against Metro to the extent that it is based
on a claim that the products or services furnished infringe a copyright, Trademark,
Service Mark, or patent. Contractor shall further indemnify and hold harmless
Metro against any award of damages and costs made against Metro by a final
judgment of a court of last resort in any such suit. Metro shall provide Contractor
immediate notice in writing of the existence of such claim and full right and
opportunity to conduct the defense thereof, together with all available information
and reasonable cooperation, assistance and authority to enable Contractor to do
so. No costs or expenses shall be incurred for the account of Contractor without
its written consent. Metro reserves the right to participate in the defense of any
such action. Contractor shall have the right to enter into negotiations for and the
right to effect settlement or compromise of any such action, but no such
settlement or compromise shall be binding upon Metro unless approved by the
Metro Department of Law Settlement Committee and, where required, the Metro
Council.
b) If the products or services furnished under this contract are likely to, or do
become, the subject of such a claim of infringement, then without diminishing
Contractor's obligation to satisfy the final award, Contractor may at its option and
expense:
i) Procure for Metro the right to continue using the products or services.
ii) Replace or modify the alleged infringing products or services with other
equally suitable products or services that are satisfactory to Metro, so that
they become non -infringing.
iii) Remove the products or discontinue the services and cancel any future
charges pertaining thereto.
iv) Provided, however, that Contractor will not exercise option b.iii. until
Contractor and Metro have determined that options b.i. and b.ii. are
impractical.
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c) Contractor shall have no liability to Metro, however, if any such infringement or
claim thereof is based upon or arises out of:
i) The use of the products or services in combination with apparatus or
devices not supplied or else approved by Contractor.
ii) The use of the products or services in a manner for which the products or
services were neither designated nor contemplated.
iii) The claimed infringement in which Metro has any direct or indirect interest
by license or otherwise, separate from that granted herein.
6. Termination --Breach. Should Contractor fail to fulfill in a timely and proper manner
its obligations under this contract or if it should violate any of the terms of this contract,
Metro shall have the right to immediately terminate the contract. Such termination
shall not relieve Contractor of any liability to Metro for damages sustained by virtue of
any breach by Contractor.
7. Termination--Fundinq. Should funding for this contract be discontinued, Metro shall
have the right to terminate the contract immediately upon written notice to Contractor.
8, Termination --Notice. Metro may terminate this contract at any time upon thirty (30)
days written notice to Contractor.
9. Compliance with Laws. Contractor agrees to comply with any applicable federal,
state and local laws and regulations.
10. Notices and Designation of Agent for Service of Process.
a) Notice of assignment of any rights to money due to Contractor under this contract
must be mailed or hand delivered to the attention of Metro's Chief Accountant,
Division of Accounts, Department of Finance, 222 Third Avenue North, Suite 750,
Nashville, Tennessee 37201, with a copy to the recipient for Metro notices listed
below. All other notices to Metro shall be mailed or hand delivered to:
Department:
Att`n:
Addr:
b) Notices to Contractor shall be mailed or hand delivered to:
Contractor:
Atrn:
Addr:
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c) Contractor designates the following as the Contractor's agent for service of
process and will waive any objection to service of process if process is served
upon this agent:
Designated Agent:
Att`n:
Addr:
11. Maintenance of Records. Contractor shall maintain documentation for all charges
against Metro. The books, records, and documents of Contractor, insofar as they
relate to work performed or money received under the contract, shall be maintained
for a period of three (3) full years from the date of final payment and will be subject to
audit, at any reasonable time and upon reasonable notice by Metro or its duly
appointed representatives. The records shall be maintained in accordance with
generally accepted accounting principles.
12. Monitoring. The Contractor's activities conducted and records maintained
pursuant to this Contract shall be subject to monitoring and evaluation by Metro, the
Department of Finance/Division of Internal Audit, or their duly appointed
representatives.
13. Metro Property. Any Metro property, including but not limited to books, records and
equipment, that is in Contractor's possession shall be maintained by Contractor in
good condition and repair, and shall be returned to Metro by Contractor upon
termination of the contract. All goods, documents, records, and other work product
and property produced during the performance of this contract are deemed to be
Metro property.
14. Modification of Contract. This contract may be modified only by written amendment
executed by all parties and their signatories hereto. All change orders, where
required, shall be executed in conformance with, section 4.24.020 of the Metropolitan
Code of Laws.
15. Partnership/Joint Venture. Nothing herein shall in any way be construed or
intended to create a partnership or joint venture between the parties or to create the
relationship of principal and agent between or among any of the parties. None of the
parties hereto shall hold itself out in a manner contrary to the terms of this paragraph.
No party shall become liable for any representation, act or omission of any other party
contrary to the terms of this paragraph.
16. Waiver. No waiver of any provision of this contract shall affect the right of any party
thereafter to enforce such provision or to exercise any right or remedy available to it in
the event of any other default.
17. Employment. Contractor shall not subscribe to any personnel policy which permits
or allows for the promotion, demotion, employment, dismissal or laying off of any
individual due to race, creed, color, national origin, age, sex, or which is in violation of
applicable laws concerning the employment of individuals with disabilities.
18. Non -Discrimination. It is the policy of the Metropolitan Government not to
discriminate on the basis of age, race, sex, color, national origin, or disability in its
hiring and employment practices, or in admission to, access to, or operation of its
programs, services, and activities. With regard to all aspects of this contract,
Contractor certifies and warrants it will comply with this policy. No person shall be
25
excluded from participation in, be denied benefits of, be discriminated against in the
admission or access to, or be discriminated against in treatment or employment in
Metro's contracted programs or activities, on the grounds of handicap and/or
disability, age, race, color, religion, sex, national origin, or any other classification
protected by federal or Tennessee State Constitutional or statutory law; nor shall
they be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination in the performance of contracts with Metro or in the
employment practices of Metro's Contractors. Accordingly, all Proposers entering
into contracts with Metro shall, upon request, be required to show proof of such
nondiscrimination and to post in conspicuous places that are available to all
employees and applicants, notices of nondiscrimination.
19. Insurance. During the term of this Contract, Contractor shall maintain professional
liability insurance with limits of not less than one million dollars. A certificate of
insurance, in a form satisfactory to Metro, evidencing said coverage shall be provided
to Metro prior to commencement of performance of this Contract. Throughout the
term of this contract, Contractor shall provide an updated certificate of insurance upon
expiration of the current certificate.
20. Contingent Fees. Contractor hereby represents that Contractor has not been
retained or retained any persons to solicit or secure a Metropolitan Government
contract upon an agreement or understanding for a contingent commission,
percentage, or brokerage fee, except for retention of bona fide employees or bona fide
established commercial selling agencies for the purpose of securing business. Breach
of the provisions of this paragraph is, in addition to a breach of this contract, a breach
of ethical standards which may result in civil or criminal sanction and/or debarment or
suspension from being a contractor or subcontractor under Metropolitan Government
contracts.
21. Gratuities and Kickbacks. It shall be a breach of ethical standards for any person to
offer, give or agree to give any employee or former employee, or for any employee or
former employee to solicit, demand, accept or agree to accept from another person, a
gratuity or an offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing or in any other advisory capacity
in any proceeding or application, request for ruling, determination, claim or controversy
or other particular matter, pertaining to any program requirement of a contract or
subcontract or to any solicitation or proposal therefor. It shall be a breach of ethical
standards for any payment, gratuity or offer of employment to be made by or on behalf
of a subcontractor under a contract to the prime contractor or higher tier subcontractor
or a person associated therewith, as an inducement for the award of a subcontract or
order. Breach of the provisions of this paragraph is, in addition to a breach of this
contract, a breach of ethical standards that may result in civil or criminal sanction
and/or debarment or suspension from being a contractor or subcontractor under
Metropolitan Government contracts.
22. indemnification and Hold Harmless. Contractor shall indemnify and hold harmless
Metro, its officers, agents and employees from:
a) Any claims, damages, costs and attorney fees for injuries or damages arising, in
part or in whole, from the negligent or intentional acts or omissions of Contractor,
its officers, employees and/or agents, including its sub or independent contractors,
in connection with the performance of the contract, and,
26
b) Any claims, damages, penalties, costs and attorney fees arising from any failure
of Contractor, its officers, employees and/or agents, including it sub or indepen-
dent contractors, to observe applicable laws, including, but not limited to, labor
laws and minimum wage laws.
c) Metro will not indemnify, defend or hold harmless in any fashion the Contractor
from any claims arising from any failure, regardless of any language in any
attachment or other document that the Contractor may provide.
d) Contractor shall pay Metro any expenses incurred as a result of Contractor's
failure to fulfill any obligation in a professional and timely manner under this
Contract.
23. Attorney Fees. Contractor agrees that, in the event either party deems it necessary
to take legal action to enforce any provision of the contract, and in the event Metro
prevails, Contractor shall pay all expenses of such action including Metro's attorney
fees and costs at all stages of the litigation.
24. Assignment --Consent Required. The provisions of this contract shall inure to the
benefit of and shall be binding upon the respective successors and assignees of the
parties hereto. Except for the rights of money due to Contractor under this contract,
neither this contract nor any of the rights and obligations of Contractor hereunder shall
be assigned or transferred in whole or in part without the prior written consent of
Metro. Any such assignment or transfer shall not release Contractor from its
obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY
DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE
ATTENTION OF METRO'S CHIEF ACCOUNTANT, DIVISION OF ACCOUNTS,
DEPARTMENT OF FINANCE, 222 THIRD AVENUE NORTH, SUITE 750,
NASHVILLE, TENNESSEE 37201.
25. Entire Contract. This contract sets forth the entire agreement between the parties
with respect to the subject matter hereof and shall govern the respective duties and
obligations of the parties.
26. Force Majeure. No party shall have any liability to the other hereunder by reason of
any delay or failure to perform any obligation or covenant if the delay or failure to
perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty,
unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war,
national emergency, act of Government, act of public enemy, or other cause of similar
or dissimilar nature beyond its control.
27. Governing Law. The laws of the State of Tennessee thereof shall govern the
validity, construction and effect of this contract and any and all extensions and/or
modifications. Tennessee law shall govern regardless of any language in any
attachment or other document that the Contractor may provide.
28. Venue. Any action between the parties arising from this agreement shall be
maintained in the courts of Davidson County, Tennessee.
29, Severability. Should any provision of this contract be declared to be invalid by any
court of competent jurisdiction, such provision shall be severed and shall not affect the
validity of the remaining provisions of this contract.
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30. Effective Date. This contract shall not be binding upon the parties until it has been
signed first by the Contractor and then by the authorized representatives of the
Metropolitan Government and has been filed in the office of the Metropolitan Clerk.
When it has been so signed and filed, this contract shall be effective as of the date first
written above.
THE METROPOLITAN GOVERNMENT OF CONTRACTOR
NASHVILLE AND DAVIDSON COUNTY:
Metropolitan Government Purchasing
Agent:
RECOMMENDED:
Department Head
BY:
Title:
Sworn to and subscribed to before me, a
Notary Public, this
Department: NIA day of , 200 _ ,
APPROVED AS TO AVAILABILITY OF by ,
FUNDS:
the of
Contractor and duly authorized to
Director of Finance execute this instrument on Contractor's
APPROVED AS TO INSURANCE: behalf.
Director of Insurance
Notary Public
APPROVED AS TO FORM AND My Commission Expires
LEGALITY:
Metropolitan Attorney
FILED IN THE OFFICE OF THE
METROPOLITAN CLERK:
Date:
28
Affidavits
State of County of
Contingent Fees Statement: In accordance with the Metropolitan Government's 1992
Procurement Code, it is a breach of ethical standards for a person to be retained, or to
retain a person, to solicit or secure a Metropolitan Government contract upon an
agreement or understanding for a contingent commission, percentage, or brokerage
fee, except for retention of bona fide employees or bona fide established commercial
selling agencies for the purpose of securing business. After first being duly sworn
according to law, the undersigned (Affiant) states that he/she is the
(Offeror) and that the Offeror has not retained anyone in
violation of the foregoing.
Non -Discrimination Affidavit: After first being duly sworn according to law, the
undersigned (Affiant) states that he/she is the (Offeror) and
that by its employment policy, standards, and practices the Offeror does not subscribe
to any personnel policy which permits or allows for the promotion, demotion,
employment, dismissal, or laying off of any individual due to his/her race, creed, color,
national origin, age, or sex, and that the Offeror is not in violation of and will not violate
any applicable laws concerning the employment of individuals with disabilities.
It is the policy of the Metropolitan Government not to discriminate on the basis of age,
race, sex, color, national origin, or disability in its hiring and employment practices, or in
admission to, access to, or operation of its programs, services, and activities. With
regard to all aspects of this contract, Contractor certifies and warrants it will comply with
this policy.
And Further Affiant sayeth not:
By:
Title:
Address:
Sworn to and subscribed before me on this day of
200 .
Notary Public
My commission expires:
29
STATE OF COUNTY OF
AFFIDAVIT FOR CLAIMING STATUS AS A SMALL BUSINESS
BIDDER, PROPOSER OR PROPOSED SUBCONTRACTOR, AFTER BEING FIRST
DULY SWORN, AFFIRMS THAT IT IS A SMALL BUSINESS AS DEFINED BY THE
CODE OF LAWS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND
DAVIDSON COUNTY AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION 4.44.010 OF THE METROPOLITAN CODE OF LAWS;
"Small Business" means a United States business which is independently owned
and operated and which is not dominant in its field of operation or an affiliate or
subsidiary of a business dominant in its field of operation.
FURTHER, REGULATION 4.44.010.02 STATES:
Small businesses are those businesses which meet the criteria established by
[Section 4.44.010] and whose annual sales or number of employees does not
exceed the per industry amounts set forth below:
Industry Annual Sales Volume No. of Employees
Agriculture, Forestry, Fishing $ 500,000 9 or less
Mining $ 1,000,000 49 or less
Construction $ 2,500,000 19 or less
Manufacturing $ 1,000,000 99 or less
Wholesale Trade $ 1,000,000 19 or less
Retail Trade $ 500,000 9 or less
Finance, Insurance, Real Estate $ 500,000 5 or Less
Transportation, Commerce, and Utilities $ 500,000 9 or less
Service Industry $ 500,000 9 or Tess
Further, in order to be considered a small business, a business must:
(a) Have demonstrated capability to perform independently a substantial portion of the
contract they seek, or a substantial portion of the subcontract for which they are
proposed by a bidder or offeror, as specified by the Purchasing Agent;
(b) Not share or jointly use office space, production, marketing and sales, business
support systems, personnel, or equipment with any business not classified by Metro
as a small business (i.e.: a large business);
30
(c) Have performed independently and satisfactorily during each of the two most recent
calendar years $100,000.00 worth of work in the category of the work for which a
contract or subcontract is sought;
(d) Not be owned, controlled, or directed by individuals or groups on individuals who
own, control, or direct a large business involved in the same category of work as the
business for which small business status is sought;
(e) If a supplier, be an authorized regular distributor with normal wholesale agreements
for the product or products to be supplied;
(f) If a construction contractor, be licensed as required by the state to perform the work
for which it has submitted a bid or has been proposed by a prime as a subcontractor.
BIDDER, PROPOSER, OR PROPOSED SUBCONTRACTOR BASES ITS CLAIM OF
SMALL BUSINESS STATUS ON THE FOLLOWING INFORMATION:
INDUSTRY (SPECIFY ONE OF THE ABOVE):
SALES VOLUME FOR PREVIOUS CALENDAR YEAR:
AVERAGE NUMBER OF EMPLOYEES FOR PREVIOUS CALENDAR YEAR:
NAME OF FIRM AUTHORIZED SIGNATURE
SOLICITATION NUMBER ( IF APPLICABLE)
SWORN TO AND SUBSCRIBED BEFORE ME, A NOTARY PUBLIC, FOR THE ABOVE STATE AND COUNTY, ON THIS
DAY OF 20
MY COMMISSION EXPIRES
NOTARY PUBLIC
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STATE OF COUNTY OF
AFFIDAVIT FOR CLAIMING STATUS AS A DISADVANTAGED BUSINESS
BIDDER/PROPOSER OR PROPOSED SUBCONTRACTOR OR SUPPLIER, AFTER
BEING FIRST DULY SWORN, AFFIRMS THAT IT 1S A DISADVANTAGED BUSINESS
AS DEFINED BY THE CODE OF LAWS OF THE METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON COUNTY TENNESSEE AND THE REGULATIONS
THERETO..
AS DEFINED IN SECTION 4.44.010 OF THE METROPOLITAN CODE OF LAWS;
"Disadvantaged Business" means a small business which is owned or controlled by a
majority of persons, not limited to members of minority groups, who have been deprived
of the opportunity to develop and maintain a competitive position in the economy
because of social disadvantage or disability.
SUBCONTRACTOR OR SUPPLIER CLAIMS STATUS AS:
MINORITY -OWNED SMALL BUSINESS
WOMEN -OWNED SMALL BUSINESS
DISABLED -OWNED SMALL BUSINESS
SUBCONTRACTOR OR SUPPLIER CLAIMS STATUS AS A MINORITY -OWNED
SMALL BUSINESS AS BEING:
AFRICAN AMERICAN-OWNED SMALL BUSINESS
HISPANIC AMERICAN-OWNED SMALL BUSINESS
ASIAN AMERICAN-OWNED SMALL BUSINESS
NATIVE AMERICAN-OWNED SMALL BUSINESS
Bidder, Proposer, Subcontractor or Supplier
Mailing Address
Authorized Signature
Sworn to and subscribed before me, a Notary Public, for the above State and County,
on this day of , 20 .
Notary Public
My Commission Expires
Note: If status above has been certified by one or more other Government Entities, please attach copy(s) of said
certification(s) to this affidavit.
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INSURANCE REQUIREMENTS
For Contractors Doing Business with The Metropolitan Government of Nashville and
Davidson County (these Insurance Requirements supersede and replace all Insurance
Requirements contained elsewhere in these documents).
1. GENERAL CONSIDERATIONS
It is a requirement of the Metropolitan Government of Nashville and Davidson
County (Metropolitan Government) that Contractors must agree to the indemnity
obligations set forth in the General Contract. The Metropolitan Government reserves the
right to participate in the defense of any claim or action that is brought against the
Metropolitan Government.
To insure compliance with this policy, the METROPOLITAN GOVERNMENT
requires each Contractor to carry adequate insurance coverage with a company or
companies acceptable to said METROPOLITAN GOVERNMENT. The METROPOLITAN
GOVERNMENT fully understands that no insurance policy of any company licensed to do
business in the State of Tennessee is all encompassing in coverage or limit of liability.
2. INSURANCE REQUIREMENTS
During the performance and up to the date of final payment, the Contractor must
effect and maintain insurance hereafter checked as required. The first (primary) one
million dollars ($1,000,000) of Bodily Injury and Property Damage limits must be a
company or companies licensed to do business in Tennessee. The excess over one
million dollars ($1,000,000) may be with either a licensed or non -admitted company
provided the non -admitted company is: (1) listed as approved to do business in
Tennessee by the Tennessee Department of Insurance, (2) has a Best financial rating of
A minus or better, with a policyholder surplus of Roman Numeral X or better, and (3)
otherwise acceptable to the Department of Law of The Metropolitan Government of
Nashville and Davidson County.
All Comprehensive General Liability policies and Comprehensive Automobile
Liability policies shall be endorsed to include the METROPOLITAN GOVERNMENT as
an Additional Insured and this shall be noted on the Certificates of Insurance.
All policies must be of the standard form of coverage as filed with and approved by
the Commissioner of Insurance for the State of Tennessee or otherwise authorized. The
Contractor shall not commence work under the Contract until it has obtained all insurance
coverage required hereafter and such insurance has been approved by the Department
of Law of The Metropolitan Government of Nashville and Davidson County.
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Check if Required:
GENERAL LIABILITY
{) a. Comprehensive (Commercial) General Liability:
The Contractor shall have and maintain during the life of the Contract such
Bodily Injury Liability Insurance and Property Damage Liability Insurance as shall protect
Contractor from claims for Bodily Injury and Property Damage arising from the
Contractor's operations under the Contract, whether such operations are conducted by
Contractor or by any subcontractor of said Contractor. The Bodily Injury Liability
Insurance shall pay on behalf of the Insured all sums up to the limits provided by the
policy which the Insured shall become legally obligated to pay as damages because of
bodily injury, sickness or disease, including death at anytime resulting therefrom,
sustained by a person other than an employee of the Contractor and caused by an
occurrence. The Property Damage Liability Insurance shall pay on behalf of the Insured
all sums up to the limits provided by the policy which the Insured shall become legally
obligated to pay as damages because of injury to, or destruction of property, including the
Toss of use thereof, caused by any occurrence.
() This policy shall cover liability for damage to property caused by blasting or
explosion or collapse, or structural injury to any building or structure, or damage to any
property below the surface of the ground (Explosion, Collapse and Underground
Damage) as applicable.
{} b. Premises and Operations Liability:
The Contractor shall have and maintain during the life of the Contract such
Premises and Operations Liability Insurance as shall protect Contractor and the
METROPOLITAN GOVERNMENT from liability resulting from the operations under the
Contract by the Contractor.
{} c. Products and Completed Operations Liability:
The Contractor shall provide such Products and Completed Operations
Insurance as shall protect Contractor from liability arising out of the Contract and
including those products involved in the work for which Contractor is responsible.
() d. Broad Form Contractual Liability:
The Contractor shall have and maintain during the life of the Contract such
Contractual Liability Insurance as shall protect Contractor from liability resulting from the
execution of the Contract by the Contractor.
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If coverage is not provided on the blanket form basis, a copy of the policy or endorsement
providing coverage for contractual liability assumed by the Contractor under its Contract
with the METROPOLITAN GOVERNMENT must be attached to the Certificate of
Insurance.
AUTOMOBILE LIABILITY
(} e. Comprehensive (Business) Automobile Liability (all owned, hired and
non- owned):
The Contractor shall have and maintain during the life of the Contract such
Comprehensive (Business) Automobile Liability (all owned, hired, and non -owned)
Insurance as shall protect the Contractor for claims arising out of the ownership,
operation, maintenance and use of land motor vehicles and trailers intended for use
therewith.
WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY
(} f. The Contractor shall have and maintain during the life of the Contract
Worker's Compensation Insurance conforming with the requirements of the laws of
Tennessee and (if the box is checked) the Jones Act ( ) and the Longshoremen's and
Harbor Workers' Compensation Act ( ). In case of any employee or employees are not
covered by such laws of Tennessee or the Jones Act or the Longshoremen's and Harbor
Workers Compensation Act, the Contractor shall provide Employers' Liability coverage for
the protection of such employee or employees.
PROPERTY DAMAGE INSURANCE
0 g.
Builder's Risk Insurance
The Contractor shall have and maintain during the life of the Contract such
Property Insurance upon Contractor's entire work at the site to the completed value
thereof. This insurance shall protect the METROPOLITAN GOVERNMENT, as its
interest may appear in the work, and shall insure against the perils of fire and extended
coverage, and shall include "all risk" insurance for the physical loss or damage including
without duplication of coverage, theft, vandalism and malicious mischief. All Risk
insurance may contain the normal exclusions such as, but not limited to, flood,
earthquake, mysterious disappearance, inherent vice, war and nuclear. If the
METROPOLITAN GOVERNMENT requires coverage for flood or earthquake, specific
requirements concerning same are set out hereafter in these specifications, if the
Property Insurance contains a co-insurance provision, the Contractor shall be responsible
for the amount of insurance satisfying the co-insurance amount so as to make the co-
insurance clause inoperable.
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If not covered otherwise, the Contractor shall have and maintain during the life of the
Contract similar Property Insurance on portions of the work stored off the site or in transit
when such portions of the work are to be included in any payment.
(X) h. Other Insurance: PROFESSIONAL LIABILITY
3. ADDITIONAL INSURANCE REQUIREMENTS:
The Certificate of Certificates of Insurance shall contain the following provisions,
to -wit:
The coverage provided shall not be canceled, reduced in coverage, or allowed to
lapse unless and until The Metropolitan Government of Nashville and Davidson County
receives at least thirty (30) days advance written notice of same. Said written notice must
be delivered to the Director, Insurance and Safety Division, at his office shown as the
address of the Certificate Holder below.
( ) If this box is checked, each of the said policies set out above may contain a
deductible feature not in excess of $ per occurrence. If a deductible
feature is provided in a policy or policies, the Contractor shall be liable for said amount of
any claim or loss.
4. The word "Contract" above means the AGREEMENT between the
METROPOLITAN GOVERNMENT and CONTRACTOR for this PROJECT. The word
"Contractor" means the successful BIDDER who is the CONTRACTOR for this
PROJECT. The limit Ea. Person" is the monetary limit applied to each person injured in
a given occurrence. The limit "Ea. Occur." is the limit of the total liability for claims,
subject to the limit for "Ea. Person," from one common cause. The word "Aggregate" is
the limit of the total liability for all damage of the specified coverage for each annual term
of the insurance policy.
5. The CONTRACTOR is required to have a CERTIFICATE of INSURANCE properly
executed by an insurance company or insurance companies authorized to do business in
the State of Tennessee.
6. MINIMUM LIMITS OF COVERAGE - Coverage shall be at least to the following
minimum limits. If the Contractor has or obtains primary and umbrella excess policies,
there shall be no gap between them.
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GENERAL LIABILITY — Not Applicable
(a) Comprehensive General Liability
Bodily Injury
Property Damage
(or)Combined Single Limit
$ 1,000,000 Ea. Occur.
$ 1,000,000 Aggregate Per Project
$ 1,000,000 Ea. Occur.
$ 1,000,000 Aggregate Per Project
$ 1,000,000 Per Occur. Per Project
(b) Premises and Operations Liability same limits as in (a) above.
(c) Products and Completed Operations Liability same limits as in (a) above.
(d) Contractual Liability same limits as in (a) above.
AUTOMOBILE LIABILITY — Not Applicable
(e) Comprehensive Automobile Liability (all owned, hired and non -owned)
Bodily Injury $ 1,000,000 Ea. Person
$ 1,000,000 Ea. Occur.
Property Damage $ 1,000,000 Ea. Occur.
$ 1,000,000 Aggregate
(or) Combined Single Limit $ 1,000,000 Per Occur.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Not Applicable
(f) Worker's Compensation Statutory Amount
(including compliance with the
Jones Act and Longshoremen's and
Harbor Worker's Act as applicable)
Employer's Liability $ 1,000,000 Ea. Occur.
PROPERTY DAMAGE
(g) Builder's Risk Insurance $(Value of Structure)
(h) Other Insurance — Professional Liability $ 1,000,000
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REBATE/REVENUE SNARING
Metro Government of Nashville
Page 1 of 2
Effective May 01, 2002, SunTrust will begin providing a rebate to Metro Government
Nashville, (MGN) for net spending.
The following conditions apply to all Revenue Sharing calculations.
1. A minimum of $2,000,000 in net annual spending must be achieved in order for the
Revenue Sharing option to become effective. (net annual spend equals total charges
Tess returns)
2. Once the minimum net spend requirements have been met, the rebate will be
allowed back to dollar one,
3. Any late payments will be subtracted from the net annual spend amount.
4. Revenue Sharing will be calculated on a calendar year basis.
5. Any incentive achieved will be paid within 90 days of the year in which it was
achieved.
6. If SunTrust absorbs any fraud losses on behalf of MGN, during the calendar year
where rebate is shared back to MGN, the rebate will be reduced by this amount.
Annual Net Spending Achieved Basis Points
$0 - $2,000,000 00 basis points
$2,000,001 - $3,000,000 25 basis points
$3,000,001 - $5,000,000 40 basis points
$5,000,001 - $10,000,000 60 basis points
$10,000,000 and above Negotiable
EXAMPLES:
a. Rebate amount for $2,500,000 in net annual spending
Range Rebate Amount Calculation
$0 - $2.5 MM $6,250.00 ($2,500,000 X .0025)
b. Rebate amount for $3,500,000 in net annual spending
Range Rebate Amount Calculation
$0 - $3.5 MM $14,000.00 ($3,500,000 X .0040)
c. Rebate amount for $5,500,000 in net annual spending
Range Rebate Amount Calculation
$0 - $5.5 MM $33,000.00 ($5,500,000 X .0060)
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Attachment to Revenue Sharing Proposal:
NOTE:
The revenue sharing proposal referenced on Page 1 of this proposal, will be adjusted
accordingly based on the increase/decrease in the prime lending rate.
For every one quarter/.25 percentage rate change in the Federal Funds rate, as quoted
in the Wall Street Journal, we will increase/decrease the rebate basis points by .00025.
Example:
If today's Lending rate is at 1.75% and you begin with revenue sharing of 20 bp
Lending rate is reduced to 1.50%:
The revenue sharing will increase to .00225 bp
(.0020 bp with reduction in lending rate of .25 = .00225 bp)
Example:
Annual Spend Volume: $5,000,000.
X .0020 bp = $10,000 Rebate (before Fed Rate reduction)
X .00225 bp = $11,250 Rebate (after Fed Rate reduction)
Lending rate increases to 2.0%:
The revenue sharing will reduce to .00175 bp
(.0020 bp, with increase in lending rate of .25 = .00175 bp)
Example:
Annual Spend Volume: $5,000,000.
X .0020 bp = $10,000 Rebate (before Fed Rate increase)
X .00175 bp = $8,750 Rebate (after Fed Rate increase)
39