STATE OF MICHIGAN
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
STATE OPERATIONS – PURCHASING & CONTRACTS
REQUEST FOR PROPOSAL
DMVA – MICHIGANYOUTHCHALLENGEACADEMY
Veterans Affairs (VA) Medical Center Campus
5500 Armstrong Road, Building 13
Battle Creek, Michigan
Buyer Name: Kimberly Graham
Telephone Number: (517) 481-7643
E-Mail Address:
KEY MILESTONE / PHASES / TARGET DATESIssue Date / Thursday, May 23, 2013
Contractor Questions Due / Monday, June 3, 2013
Answers to Questions Posted (Estimated) / Thursday, June 6, 2013
RFP Due Date / Friday, June 14, 2013
RFP-KG-511B3200033
RFP Checklist for Bidder Proposal Contents and Responsiveness
This checklist is provided for your convenience to help remind Bidders of the important requirements of the RFP. The list may not be all inclusive. The Bidder is responsible to read the RFP and submit all the required responses. If Bidders have any questions concerning these requirements please contact the Buyer listed on the front page of this RFP document.
Article 1and Attachment A:
______Responses have been provided for all items requested in Article 1, Statement of Work, as requested. Technical Proposal Requirements have been met and responses are included within the format designated by the State in Article 3.
______Price Proposal, Article 1, Section 1.061, for the proposalhas been included in Bidder’s proposal, according to the instructions laid out in Article 3 and using the format in Attachment A (if required in 1.061). If the RFP requires that pricing be sealed separately, these directions must be followed, or the proposal may be viewed as noncompliant.
Article 2:
______Statement that a Certificate of Insurance will be provided as a condition of award has been included.
______Acknowledgment and concurrence with each term and condition listed in Article 2 of the RFP document has been provided within Bidder’s proposal, with any comments or issues clearly identified.
Article 3:
______Attended any mandatory pre-bid meetings or site visit listed in Article 3.
______The complete proposal was submitted to the appropriate location and on time, with one signed original, the appropriate number of additional copies, and the instructed number of copies of the electronic version, a USB drive, DVD or CD. Hard copy and electronic versions of pricing were sealed separately, if instructed to do so in Article 3.
______Bond requirements were met and submitted with the proposal (if applicable) per Article 3.
Article 4:
______Responses have been provided for all items requested in Article 4 and includes signature by an individual authorized to legally bind Bidder’s company.
Other:
______The Certifications and Representations have been completed and stored in the Bidder’s Bid4Michigan.com account.
Table of Contents
DEFINITIONS
Article 1 – Statement of Work (SOW)
1.010Project Identification
1.011Project Request
1.012Background
1.020Scope of Work and Deliverables
1.021In Scope
1.022Work and Deliverable
1.030Roles and Responsibilities
1.031Contractor Staff, Roles, and Responsibilities
1.040Project Plan
1.041Project Plan Management
1.042Reports
1.050Acceptance
1.051Criteria
1.052Final Acceptance
1.060Proposal Pricing
1.061Proposal Pricing
1.062Price Term
1.063Tax Excluded from Price
1.064Holdback
1.070Additional Requirements
1.071Additional Terms and Conditions specific to this RFP
Article 2, Terms and Conditions
2.000Contract Structure and Term
2.001Contract Term
2.002Options to Renew
2.003Legal Effect
2.004Attachments & Exhibits
2.005Ordering
2.006Order of Precedence
2.007Headings
2.008Form, Function & Utility
2.009Reformation and Severability
2.010Consents and Approvals
2.011No Waiver of Default
2.012Survival
2.020Contract Administration
2.021Issuing Office
2.022Contract Compliance Inspector
2.023Project Manager
2.024Change Requests
2.025Notices
2.026Binding Commitments
2.027Relationship of the Parties
2.028Covenant of Good Faith
2.029Assignments
2.030General Provisions
2.031Administrative Fee And Reporting
2.032Media Releases
2.033Contract Distribution
2.034Permits
2.035Website Incorporation
2.036Future Bidding Preclusion
2.037Freedom of Information
2.038Disaster Recovery
2.040Financial Provisions
2.041Fixed Prices for Services/Deliverables
2.042Adjustments for Reductions in Scope of Services/Deliverables
2.043Services/Deliverables Covered
2.044Invoicing and Payment – In General
2.045Pro-ration
2.046Antitrust Assignment
2.047Final Payment
2.048Electronic Payment Requirement
2.050Taxes
2.051Employment Taxes
2.052Sales and Use Taxes
2.060Contract Management
2.061Contractor Personnel Qualifications
2.062Contractor Key Personnel
2.063Re-assignment of Personnel at the State’s Request
2.064Contractor Personnel Location
2.065Contractor Identification
2.066Cooperation with Third Parties
2.067Contractor Return of State Equipment/Resources
2.068Contract Management Responsibilities
2.070Subcontracting by Contractor
2.071Contractor Full Responsibility
2.072State Consent to Delegation
2.073Subcontractor Bound to Contract
2.074Flow Down
2.075Competitive Selection
2.080State Responsibilities
2.081Equipment
2.082Facilities
2.090Security
2.091Background Checks
2.092Security Breach Notification
2.093PCI Data Security Standard
2.100Confidentiality
2.101Confidentiality
2.102Protection and Destruction of Confidential Information
2.103Exclusions
2.104No Implied Rights
2.105Respective Obligations
2.110Records and Inspections
2.111Inspection of Work Performed
2.112Retention of Records
2.113Examination of Records
2.114Audit Resolution
2.115Errors
2.120Warranties
2.121Warranties and Representations
2.122Warranty of Merchantability
2.123Warranty of Fitness for a Particular Purpose
2.124Warranty of Title
2.125Equipment Warranty
2.126Equipment to be New
2.127Prohibited Products
2.128Consequences For Breach
2.130Insurance
2.131Liability Insurance
2.132Subcontractor Insurance Coverage
2.133Certificates of Insurance
2.140Indemnification
2.141General Indemnification
2.142Code Indemnification
2.143Employee Indemnification
2.144Patent/Copyright Infringement Indemnification
2.145Continuation of Indemnification Obligations
2.146Indemnification Procedures
2.150Termination/Cancellation
2.151Notice and Right to Cure
2.152Termination for Cause
2.153Termination for Convenience
2.154Termination for Non-Appropriation
2.155Termination for Criminal Conviction
2.156Termination for Approvals Rescinded
2.157Rights and Obligations upon Termination
2.158Reservation of Rights
2.160Reserved
2.170Transition Responsibilities
2.171Contractor Transition Responsibilities
2.172Contractor Personnel Transition
2.173Contractor Information Transition
2.174Contractor Software Transition
2.175Transition Payments
2.176State Transition Responsibilities
2.180Stop Work
2.181Stop Work Orders
2.182Cancellation or Expiration of Stop Work Order
2.183Allowance of Contractor Costs
2.190Dispute Resolution
2.191In General
2.192Informal Dispute Resolution
2.193Injunctive Relief
2.194Continued Performance
2.200Federal and State Contract Requirements
2.201Nondiscrimination
2.202Unfair Labor Practices
2.203Workplace Safety and Discriminatory Harassment
2.204Prevailing Wage
2.210Governing Law
2.211Governing Law
2.212Compliance with Laws
2.213Jurisdiction
2.220Limitation of Liability
2.221Limitation of Liability
2.230Disclosure Responsibilities
2.231Disclosure of Litigation
2.232Call Center Disclosure
2.233Bankruptcy and Insolvency
2.240Performance
2.241Time of Performance
2.242Service Level Agreements (SLAs)
2.243Liquidated Damages
2.244Excusable Failure
2.250Approval of Deliverables
2.251Delivery Responsibilities
2.252Delivery of Deliverables
2.253Testing
2.254Approval of Deliverables, In General
2.255Process For Approval of Written Deliverables
2.256Process for Approval of Services
2.257Process for Approval of Physical Deliverables
2.258Final Acceptance
2.260Ownership
2.261Ownership of Work Product by State
2.262Vesting of Rights
2.263Rights in Data
2.264Ownership of Materials
2.270State Standards
2.271Existing Technology Standards
2.272Acceptable Use Policy
2.273 Systems Changes
2.274Electronic Receipt Processing Standard
2.280Extended Purchasing Program
2.281 Extended Purchasing Program
2.290Environmental Provision
2.291Environmental Provision
2.300Other Provisions
2.311Forced Labor, Convict Labor, Forced or Indentured Child Labor, or Indentured Servitude Made Materials
Article 3 – Bid Process and Evaluation Criteria
3.010Introduction
3.011Pre Bid Meetings
3.012Communications
3.013Questions
3.020Award Process
3.021Method of Evaluation
3.022Technical Proposal Evaluation Criteria
3.023Price Evaluation
3.024Award Recommendation
3.025Reservations
3.026Award Decision
3.027Protests
3.028State Administrative Board
3.030Laws Applicable to Award
3.031Reciprocal Preference
3.032Qualified Disabled Veteran Preference
3.033Independent Price Determination
3.034Taxes
3.040Possible Additional Considerations/Processes
3.041Clarifications
3.042Past Performance
3.043Financial Stability
3.044Samples/Models
3.045Energy Efficiency/Environmental Purchasing Policy
3.046Pricing Negotiations
3.047Deficiency Report and Clarification Request (DR/CR)
3.048Best and Final Offer (BAFO)
3.050Proposal Details
3.051Complete Proposal
3.052Efficient Proposal
3.053Price and Notations
3.054Double Sided on Recycled Paper
3.055Proposal Format
3.060Submitting Bids and Proposals
3.061Sealed Bid Receipt
3.062Proposal Submission
3.063Responses
3.070Possible Bond Requirements
3.071Bid Bond
3.072Performance Bond
3.073Payment Bond
3.074Maintenance Bond
Article 4 – Required Bidder Information
4.010 Bidder Information
4.011Company Information
Executive Name
4.012Prior Experience
4.013Staffing
4.014Past Performance
4.015Contract Performance
4.016Place of Performance
4.017Disclosure of Litigation
4.018E-Verify
4.019Iran Linked Business
4.020RFP Preparation
4.021Former State of Michigan Employees
4.022Persons with Disabilities
4.023Community Rehabilitation Organizations
4.024State Employee Purchases
4.025Business Owned By Qualified Disabled Veteran
Attachment A, Pricing
Attachment B, Battle Creek Public Schools Curriculum
Attachment C, Calhoun Area Career Center Curriculum
Attachment E,
DEFINITIONS
24x7x365 means 24 hours a day, seven days a week, and 365 days a year (including the 366th day in a leap year).
Additional Service means any Services within the scope of the Contract, but not specifically provided under any Statement of Work.
Audit Period means the seven year period following Contractor’s provision of any work under the Contract.
Bidder(s) are those companies that submit a proposal in response to this RFP.
Business Day means any day other than a Saturday, Sunday or State-recognized legal holiday from 8:00am EST through 5:00pm EST unless otherwise stated.
Blanket Purchase Order is an alternate term for Contract and is used in the Plan Sponsors’ computer system.
CACC meansCalhoun Area Career Center
CCI means Contract Compliance Inspector.
CPR meansCardio Pulmonary Resuscitation.
Days means calendar days unless otherwise specified.
Deleted – Not Applicable means that section is not applicable or included in this RFP. This is used as a placeholder to maintain consistent numbering.
Deliverable means physical goods and/or services required or identified in a Statement of Work.
DMVA means the Michigan Department of Military and Veterans Affairs.
DOD means the United States Department of Defense.
DTMB means the Michigan Department of Technology Management and Budget.
Environmentally Preferable Products means a product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Such products or services may include, but are not limited to: those which contain recycled content, minimize waste, conserve energy or water, and reduce the amount of toxics either disposed of or consumed.
Fiduciary means designated organization that holds in trust or guardianship identified financial assets.
FCTC means Fort Custer Training Center military base.
Foundation Allowance meansFTE, State of Michigan identified tuition grant.
GED meansState of Michigan High School Equivalency Diplomaprocess.
Hazardous Material means any material defined as hazardous under the latest version of federal Emergency Planning and Community Right-to-Know Act of 1986 (including revisions adopted during the term of the Contract).
Incident means any interruption in any function performed for the benefit of a Plan Sponsor.
Key Personnel means any personnel identified in Section 1.031 as Key Personnel.
MYCA means the Michigan Youth ChalleNGe Academy.
New Work means any Services/Deliverables outside the scope of the Contract and not specifically provided under any Statement of Work, such that once added will result in the need to provide the Contractor with additional consideration. “New Work” does not include Additional Service.
Ozone-depleting Substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as: (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons.
Post-Consumer Waste means any product generated by a business or consumer which has served its intended end use; and which has been separated or diverted from solid waste for the purpose of recycling into a usable commodity or product, and which does not include post-industrial waste.
Post-Industrial Waste means industrial by-products which would otherwise go to disposal and waste’s generated after completion of a manufacturing process, but does not include internally generated scrap commonly returned to industrial or manufacturing processes.
Recycling means the series of activities by which materials that are no longer useful to the generator are collected, sorted, processed, and converted into raw materials and used in the production of new products. This definition excludes the use of these materials as a fuel substitute or for energy production.
Reuse means using a product or component of municipal solid waste in its original form more than once.
RFP means a Request for Proposal designed to solicit proposals for services.
SCMmeansSafe Crisis Management
Services means any function performed for the benefit of the State.
SLA means Service Level Agreement.
Source Reduction means any practice that reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment prior to recycling, energy recovery, treatment, or disposal.
State Location means any physical location where the State performs work. State Location may include State-owned, leased, or rented space.
Subcontractor means a company selected by the Contractor to perform a portion of the Services, but does not include independent contractors engaged by Contractor solely in a staff augmentation role.
Unauthorized Removal means the Contractor’s removal of Key Personnel without the prior written consent of the State.
VA means Veterans Affairs.
Waste Prevention means source reduction and reuse, but not recycling.
Pollution Prevention means the practice of minimizing the generation of waste at the source and, when wastes cannot be prevented, utilizing environmentally sound on-site or off-site reuse and recycling. The term includes equipment or technology modifications, process or procedure modifications, product reformulation or redesign, and raw material substitutions. Waste treatment, control, management, and disposal are not considered pollution prevention, per the definitions under Part 143, Waste Minimization, of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451, as amended.
Work in Progress means a Deliverable that has been partially prepared, but has not been presented to the State for Approval.
Work Product refers to any data compilations, reports, and other media, materials, or other objects or works of authorship created or produced by the Contractor as a result of an in furtherance of performing the services required by the Contract.
Article 1 – Statement of Work (SOW)
NOTICE TO ALL BIDDERS: It is the bidder’s responsibility to complete each bidder response section, in each article, completely and in detail. No assumptions should be made that the State is aware of any bidder’s capabilities, staffing, prior experience, past performance or any other required information. The evaluation will be based on the information submitted with the proposal according to the terms of the RFP.
As stated in Section 3.012 of this document, Bidders are reminded that the sole point of contact concerning the RFP is the Buyer, listed on the cover page of this document, in DMVA, State Operations – Purchasing & Contracts. Any communication by a potential Bidder in regards to this RFP with anyone other than the Buyer during the RFP process may result in disqualification and/or debarment.
Throughout this RFP, language referring to Contract or Contractor(s) refers to any Contract awarded from this RFP. This RFP in itself is not to be construed as a Contract.
It is the intent of this RFP to award to a single Contractor, whereas the Department of Military and Veterans Affairs (DMVA) intends to have a direct relationship with the Contractor throughout the term of the awarded contractual agreement. No subcontracting will be allowed without prior approval from the DMVA and any requests for subcontracting must be fully disclosed with the Contractors RFP original proposal submission.
1.010Project Identification
1.011Project Request
This is an RFP for a Contractor to provide professional educational services to include enumerated fiduciary responsibilities by an accredited academic provider with the capability to provide vocational training and an educational program for the Michigan Department of Military and Veterans Affairs (DMVA), Michigan Youth Challenge Academy (MYCA)located on the VA Campus in Battle Creek, MI. This is a formal request to prospective Bidders to solicit bids or price quotations. Bidders must submit written proposals according to the instructions contained within this document, discussing how they will meet the specific requirements.
The RFP submitted by Contractors should thoroughly explain the feasibility of a partnership including enumerated fiduciary responsibilities with an accredited academic provide with the capability to provide vocational training and an educational program to the Michigan Youth Challenge Academy (MYCA).This academic program will be for MYCA youth preparation for the State of Michigan General Educational Development (GED) testing process and include an opportunity for credit recovery. The MYCA is located on the campus of the Veterans Affairs (VA) Medical Center at 5500 Armstrong Road, Building 13, Battle Creek, Michigan. The State shall retain full ownership of the RFP data, and cannot accept conditions or limitations of award-ability.
The Contractor must be an educational entity, whereas the Contractor has lawful authority pursuant to the School Code of 1976, MCL 380.1, to bind the Contractor, and the Contractor and the DMVA, MYCA agree to the terms set forth in this agreement; The DMVA, MYCA and the Contractor seek to enter this agreement pursuant to the provisions of the Urban Cooperation Act of 1967, MCL 124.501 et seg.
The relationship between the DMVA, MYCA and the Contractor is that of an independent contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be deemed to be an employee or servant of the STATE for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this agreement. No agent, employee or servant of the DMVA, MYCA or any of its subcontractors shall be or shall be deemed to be an employee or servant of the Contractor for any reason. The DMVA, MYCA will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this agreement.
At this time, the State is seeking a single contractor with a demonstrated capability to provide a fully accredited educational opportunity for young people ages 16 – 18. This is to include high school core curriculum courses in Language Arts, Math, Science, Social Studies, Plato Learning, and Computer based technologies. This contract will also include vocational training services. Currently the vocational training services are provided by the Battle Creek School District to the MYCA student cadets, and the Battle Creek School District provides the bus transportation to and from the Calhoun Area Career Center where classes are currently held. The contractor is further asked to continue or replicate college accreditation currently offered through Kalamazoo Valley Community College (KVCC). The contractor is also asked to provide all of the oversight and accountability of a fiduciary agent on behalf of MYCA for funding through the State of Michigan.
This contract will be the first of its kind for the State of Michigan, exact quantities to be purchased are unknown, however the Contractor will be required to furnish all such materials and services as may be required. Quantities specified if any, are estimates and the State is not obligated to purchase in these or any other quantities.
The MYCA offers a dynamic Youth ChalleNGe Program in the State of Michigan delivering a highly qualified and rigorous program that enhances young people’s lives.
Any awarded Contract(s) between the State and any awarded Contractor(s) is a separate document, whose terms are limited by Article 2.
1.012Background
The MYCA offers youth who are residents of Michigan between the ages of 16 through 18 the opportunity change their lives and make a brighter future for themselves and their families. The MYCA is voluntary 17-month intervention program designed to provide pro-social, life skills, and academic skill building opportunities for 16 to 18-year old high school dropouts who are identified as being at-risk and have decided to begin the process of improving their lives. The program incorporates eight core components that encourage physical, mental and moral development. The first two-weeks of the 22-week program is theSelection Phase, which is part of the ongoing selection process to determine who is prepared for the sacrifices necessary to go through the MYCA program. The Challenge Phase of the program,the student will attend traditional core curriculum classes culminating in the potential earning of 4.5 credit hours (or the contractor’s equivalent), an opportunity to take the GED examination, and up to 15 college credits. The Post-Residential phase is conducted within the cadet’s community upon graduation from the Residential Phase. During this part of the program the youth will be expected to be employed, furthering their education, meeting with a mentor once per week for twelve months working their Post Residential Action Plan.