SAMPLEPROJECT DEFINITION

ANDINSTRUCTIONS

Instructions for Project Definition Development and Evaluation

Project Initiation

A customer wishing to use OGS contracts for elevator maintenance must be familiar with the content of this Notification prior to proceeding with the acquisition process.

Defining the Project

The customer requesting an elevator maintenance program must prepare a formal Project Definition (PD). The Project Definition document is an essential element of this process as it sets the framework for all subsequent activities among the customer, the eligible vendor population and the eventual selected vendor. The Project Definition document will be used by the eligible vendor population in the preparation of their responses (bids) to the customer's requirements. If necessary, PSG staff can assist the customer in the preparation of this document. If a consultant assists in the preparation of the Project Definition, that consultant is ineligible to bid on the project as defined in the Project Definition.

The outline for the standard Project Definition is as follows:

I. Overview

Purpose: Provide a general description of the project and give it context within the requesting customer's (agency's) mission.

II. Project Scope

Purpose: Specify/define the customer's major expectations from the project.

NOTE: Contractor’s have responded to a detailed, comprehensive specification that is contained in this notification. If the specification meets agency’s needs in its entirety, the scope should reference the OGS specifications with a statement of intent for the contractor to perform in accordance with the specifications. The agency may have a need to alter some of the technical requirements of the specifications to meet their particular situation and may delineate these requirements as outlined below. A sample project definition is attached.

1. Identify and define specific project parameters:

(a) Time frame within which work is to be performed and scheduling constraints. It should be noted that a project could exceed the initial term of the contracts for up to three years beyond the end date of the base agreement. It is expected that most elevator maintenance programs using these contracts will have an average project life of two to three years or more.

(b) Provide the specific facility or groups of facilities where the project is to occur.

(c) Include a statement that the contractor is to comply with the OGS RFP specifications.

2. Cite scope deviations from the OGS RFP specifications.

Note: The project definition is intended to allow the User Agency some flexibility to adapt the OGS contract to meet its needs. However, these changes must be minor in scope and not in any way change the elevator maintenance program intent. Examples of acceptable changes are outlined below. Any major revisions must have OGS approval before the Agency Project Definition is bid:

(a) Cite specific constraints and special circumstances (i.e. traveling to multiple sites, limited working hours, special security requirements that may take extra time for contractor’s personnel or an on site requirement for technicians, etc.).

(b) Other similar types of minor scope changes

3. Scope changes that require OGS approval:

(a) Changes in insurance or other legal requirements are subject to OGS review.

(b) Changes in the type of maintenance approaches such as a limited maintenance contract.

(c) Any reduction in the reporting requirements (some of these may be required by law and must be judged on a case by case basis). However, User Agencies may modify a form or report to contain their specific letterhead or logo provided the content of it is not altered.

III. Project Terms and Conditions

Purpose: Specify protocol for project conduct.

1. Cite compliance with the terms of the OGS elevator maintenance contract. The customer must become generally familiar with all sections of the OGS contract and, specifically aware of those sections that relate to conduct of the project. The customer must ensure that the terms and conditions of its Project Definition cover the intent of the OGS contract language concerning the elevator maintenance program. The customer will be given reasonable latitude in its interpretation of the language of the contract as it relates to specific procedural duties of the contractor.

2. Define the project payment method to be followed if different from the RFP:

All bid quotations must be inclusive of all costs related to project as defined in the Project Definition.

3. Cite requirements to submit bids according to specific instructions that will ensure evaluation parity among solicitations being considered. Identify and describe the exact format that is required for presenting a bid quotation. All vendors must comply with the customer's standard bidding format. Lowest bidder selection can not be made unless all vendors follow a standard bidding format. Provide sufficient instructions for preparing and submitting a bid quotation for the services requested.

IV. Instructions for Submitting a Bid (Standard Bid Format)

Purpose: To provide a common evaluation mechanism for selecting the lowest qualified bidder among the bids received from participating vendors. This tells the vendors how to complete a successful bid and, what is to be included in the bid document.

At a minimum, the Project Definition bid instructions must include the following:

1. Introduction - Instruct the vendor to provide a brief description of the solution proposed in response to the agency's Project Definition.

2. Personal Services - Instruct the vendor to provide a brief summary of the personal services proposed, identifying specific individuals proposed in the event of a successful bid award. Resumes of all individuals cited must be included as an attachment to the vendor's formal bid document. Customers may require prospective bidders to complete a standard employee skill form (defined by the customer) if specific technical expertise is critical to the project. It should be noted that resumes often do not provide the level of detail necessary to adequately qualify staff for certain work assignments.

3. Financial - Instruct the vendor to provide the amount to be charged to the customer to complete the project. All bid amounts are to be inclusive of all costs associated with the project (this includes travel, lodging, meals and administrative overhead). The presentation of the bid must conform to the standard bid requirements set forth by the customer. Deviations from the customer's standard bidding format may cause a vendor to be disqualified. Bids submitted with qualifications or exceptions may be considered non-responsive.

Note: (1) The customer reserves the right to disqualify any vendor who does not conform to the standard bidding format.

(2) The customer reserves the right to reject all bids submitted for the project.

Vendor Bid Solicitation

Once the Project Definition document is completed and approved by the customer, it will be forwarded to the eligible vendor population (See page 5 of this Notification). No advertisement in the NYS Contract Reporter is necessary since the bid is limited only to the eligible vendor population. If required, the customer will set up a Pre-Bid Conference. All bids will be submitted to customer at the site stipulated in the project definition.

Vendor Bid Preparation

Upon receipt of the Project Definition, any qualified vendor may contact the customer for clarification of their functional and technical requirements. However, no discussions are authorized with the customer in terms of any financial considerations.

Bid Submission

Qualified vendors electing to respond to the Project Definition will submit their bids to the customer. Late bids can not be accepted or considered by the customer in the evaluation and award process.

Bid Review/Selection

It is the responsibility of the customer to select the lowest, qualified bidder. The customer must prepare documentation that substantiates their final selection of a vendor. This documentation is required in the event of a formal vendor complaint and/or possible post auditing by a state control agency.

If a vendor formally (in writing to the customer) protests the selection of a winning bid, the award process is suspended until the adjudication is satisfactorily completed.

Once an uncontested winning bid is certified, the customer will make an award in accordance with its normal rules and regulations. In the case of State agencies, an award is made in accordance with the normal rules and regulations promulgated by the Office of the State Comptroller (OSC). State agencies are directed to Attachment 3 for details of what is required by OSC.

Project Execution (including Payment Cycles)

The vendor has approval to begin work once all authorized signatures are obtained on the Project and the vendor is notified in writing (by purchase order or formal agreement) by the customer that work can begin. Project management responsibility resides with the customer.

The Customer is responsible for:

• Project Management; and

• Fiscal Management (as it relates to vendor payments)

General Project Management responsibilities include, but are not limited to, the following:

• Review and approve all project schedules.

• Review and approve all general plans and specific program plans.

• Enact corrective action on schedule slippage or other problems that might jeopardize the success of the project.

• Document program or consultant hours (as applicable).

• Certify completeness of work.

• Maintain a Project Master File that tracks all activities of the project.

Fiscal Management responsibilities include:

• Prompt payment of all bills submitted by vendor.

The Contractor is responsible for:

• Assigning one project staff member as a contact “Project Liaison” for handling all vendor-related project administration duties required by the customer.

• Adhering to the terms and conditions of agreement as identified in the Project Definition (PD) and in the OGS Request for Proposal specifications.

• Providing prompt response to customer complaints.

• Preparing and delivering bills to the customer in accordance with the established payment cycle found in the Project Definition document.

• Responding promptly to issues and requests.

OGS (PSG) is responsible for:

• Acting as a facilitator in any project disputes that require a third party adjudication process. OGS may be requested to act as a facilitator by either the customer or the vendor.

Cost Evaluation for the Agency Project Definition

This section applies now that the initial RFP has been completed and contracts awarded to all qualified firms. These award criteria will apply to the Agency project definitions during the mini-bid. In this section, contract refers to the contract resulting from the mini-bid.

A Contract will be awarded to the responsible low bidder for all of the work specified herein on an evaluated basis. The Contractor is to provide a fixed price for full service maintenance work on elevators to include all per diem expenses, testing, adjustments, repairs, lubrication, etc. In addition, the Contractor will provide the State a "time and materials" cost for any repairs not covered by the contract. Since this is a full service contract as specified herein, such repairs would be limited to vandalism, fire, acts of God, negligence by the State, or other unusual circumstances. The time and materials portion of the bid shall be computed by taking the hourly rate charged and the percent markup over the Contractors cost for parts and materials and multiply it by the estimated number of hours that will be required or by the total dollar value of materials and parts that may be required. These are estimated figures only and the Contractor will be paid only for the actual time or materials that are utilized, whether more or less than the estimated amounts.

An example of bid evaluation follows:

Contractor "A"a) Cost for maintenance $8,000.00b) Hourly rate is $30.00/hour x estimated 10 hours $ 300.00c) Material markup 25% x estimated $200.00 $ 250.00

TOTAL BID $8,550.00

Contractor "B"a) Cost for maintenance $8,400.00b) Hourly rate is $20.00/hour x estimated 10 hours $ 200.00c) Material markup 20% x estimate $200.00 $ 240.00

TOTAL BID $8,840.00

Therefore, on the basis of the computations used, Contractor "A" is the low bidder even though the hourly rate and material markup were higher than that of Contractor "B."

The labor cost quotes will be considered straight time costs for work accomplished during a single shift of not more than eight (8) hours, Mondays through Fridays, excluding all State holidays. Any work performed for more than eight (8) hours in a single shift or at times other than Mondays through Fridays is considered to be overtime and would be allowed only when approved by the Facility Manager. The rates paid to the Contractor would be 1.5 times the rate bid for Saturday’s or time over an eight (8) hour single shift on Monday through Friday, and double times the rate bid for Sundays and Holidays. In lieu of the above, the State will pay the appropriate overtime rate the contractor is paying a specific employee (due to labor laws or union rules regarding Sundays & Holidays and accumulated hours worked in a specific time period). Proof of such overtime payment must be furnished to the agency in the form of a copy of that employees pay stub.

Prospective Contractors should note that since this is a full service agreement, the time and materials requirement would only be utilized in the event of vandalism, negligence by the State, fire, acts of God, or other unusual circumstances.

On any repairs not covered by the contract, the State further retains the right to have such repairs completed as deemed to be in the State's best interest whether it is by utilizing the time or material rates bid herein, by utilizing in-house personnel, or by separate bid.

SAMPLE PROJECT DEFINITION

PROJECT DEFINITIONFOR

ELEVATOR MAINTENANCEUTILIZING OGS PROPOSAL 11787

AT<FACILITY NAME AND ADDRESS>

OCTOBER 12, 2000 ( OCTOBER 21, 2003)

<Prepared by: New York State Office of General ServicesProcurement Services Group>

TABLE OF CONTENTSPAGE NO.

1.0 General Overview.........................................................................................................................................

1.3 Key Events/Dates..........................................................................................................................................

2.0 Location.......................................................................................................................................................

3.0 Inquiries.......................................................................................................................................................

4.0 General Requirements..................................................................................................................................

5.0 Term.............................................................................................................................................................

6.0 Award..........................................................................................................................................................

Bid Proposal Form(s):

<Facility Name and Address>......................................................................................................................

Facility Site Visit Verification Form(s):

<Facility Name and Address>......................................................................................................................

Appendices:

Note: All appendices in original RFP Proposal No. 11787 and resulting contract are applicable to this Project Definition. These include Appendix A and B, Insurance Requirements, M/WBE goals, MacBride Principles and Prevailing Wage Rates.

Note: All italics require that the user agency make a decision to retain the text as is, delete the text or modify it by substituting the agency’s name or information. This note should be deleted prior to bidding.

NOTE: This is a sample definition that shows what one may look like. It is not an actual bid.

1.0 GENERAL OVERVIEW

1.1 Background :Sample Only

The <Agency Name> is a New York State agency responsible for the operation and maintenance of more than 40 office buildings statewide. This operation includes the responsibility for the safe operation of all elevator equipment. The Agency units responsible for elevator maintenance are _____________ The <Agency Name> units responsible for elevator maintenance measures are the Division of ___________________ for the development of this project definition and general administration of the resultant contract and the Division of ________________________ for the day to day administration and oversight of the contract.

PLEASE NOTE: Prospective users of this award should be aware that the intent of the OGS contracts was to have all vendors make a site visit prior to submitting a bid for a Project Definition (refer to Article 2.2 of the OGS maintenance specifications). If the prospective user of the OGS contract has a need for a site visit by all companies prior to submitting a bid, the Project Definition must clearly state that the site visit is mandatory. We highly recommend the site visit requirement.

(Site visits to the facilities are required and mandatory as part of the bid package. THE BIDDERS ARE REQUIRED TO PERSONALLY EXAMINE THE SITES PRIOR TO SUBMITTING BIDS. THESE SITE VISITS ARE MANDATORY. Site visits are to be made at each facility. Please contact the manager as indicated in section 2.0 LOCATION, Item 2.1 Building Descriptions to make the visitation arrangements. A Facility Site Visit Verification Form, page 20, must be signed by the manager or representative thereof, and submitted with the bidders proposal for each site. Failure to fulfill this requirement will disqualify your bid proposal. Site visits can be arranged up until three (3) working days prior to the bid opening.)

1.2 Scope:

1.2.1 The <Agency Name> is seeking specific cost proposals from existing contractors to perform elevator maintenance at the facilities specified herein.

I.3 Key Events/ Dates:Event Date Time RFP Release _______Closing Date for Inquiries _______Pre-Bid Conference ________ _______Submission of Proposal ________ _______

Time Estimates/Goals:Bid Evaluation and Selection ________Contract Award ________

2.0 LOCATION

2.1 Building Description(s): (Note: This may be addressed as an attachment if several buildings are being bid)

2.2 <Name and Address of Facility>

<Contact Person>Sample Only

<The facility is an office building consisting of a basement, lobby floor and 13 stories located in an urban environment. It contains a child’s daycare center on the first floor, a cafeteria on the 9th floor and offices with wall to wall carpet on the other floors. The building has an interior gross of 288,000 square feet. A building schematic is attached for further information..>

3.0 INQUIRIES:

3.1 All inquiries concerning the Project Definition will be addressed to:

<Name><Full Address><Phone and FAX Numbers>

3.2 All questions should be submitted in writing, citing the particular RFP section and paragraph number. Prospective contractors should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a proposal. Answers to all questions of a substantive nature will be given to all contractors in the form of a formal addendum, which will be annexed to and become part of the ensuing contract

4.0 GENERAL REQUIREMENTS

4.1 All terms and conditions of the Office of General Services RFP Proposal No. 11787 and resultant contract shall apply to this project description except as supplemented by or amended below:

<The following are samples only. Agency may add, delete or modify>

a. Service shall be monthly instead of weekly. All items outlined in the OGS contract as being weekly will be done during the monthly visit.

b. There is a need for an on site mechanic during the hours of _________.

4.2 The State will not be liable for any expense incurred by the Contractor as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor.

4.3 This is a full service contract. For the purposes of this contract full service shall mean that the Contractor's bid price includes, but is not necessarily limited to: all labor, all material and supplies, all emergency work and special requests; all administrative, reporting or other requirements, all overhead costs and profit. It shall also include all travel costs, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc. Details of service not explicitly stated in these specifications, but necessarily attendant is deemed to be understood by the Contractor and included herein.

4.4 The Office of General Services' interpretation of specifications shall be final and binding upon the Contractor.

4.5 It shall be mutually agreed that the Contractor has included cost to remedy all deficient items in their proposal and they will be responsible for satisfactory performance of Electrical Switchgear Maintenance without extra compensation. The Contractor may at their option provide with their bid, a detailed explanation of work intended to be performed under this clause.

4.6 The Agency will make no allowance or concession to the Contractor for any alleged misunderstanding or deception because of quantity, quality, character, location, or other conditions.

4.7 INSPECTION - The quality of service shall be subject to inspection by the State of New York at any time. Should it be found that quality of services being performed is not satisfactory, and that the requirements of the specifications are not being met, the Office of General Services acting on behalf of the user agency or on its own behalf, may terminate the contract, and employ another Contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New York for costs incurred on account thereof.

4.8 STOP WORK ORDER - The Office of General Services reserves the right to stop the work covered by this proposal and the contract at any time that it is deemed the successful contractor is unable or incapable of performing the work to their satisfaction. In the event of such stopping, the Office of General Services shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful contractor shall be liable to the State of New York for any such cost on account thereof.

4.9 The Agency representative reserves the right to reject and bar from the facility any employee hired by the Contractor.

5.0 TERM

5.1 This project shall start on <Specific Start Date> and shall end on <Specific End Date>. All other terms of the OGS Proposal No. 11787 shall apply here.

6.0 AWARD

6.1 The bidder may bid on one location, two locations or all of the locations listed herein.

6.2 The award will be based on the lowest Grand Total Bid for each location.

CONTRACT NO.______________

<Agency Information>

BID PROPOSAL FORM

NOTE: Bid Proposal Form must be completed and signed in triplicate herein.

Gentlemen:

____________________________________________________ agrees to provide all necessary maintenance, inspections, and annual operation in accordance with the specifications in this proposal, for the equipment located at __________________for the price bid below. The contractor further certifies that these prices do not exceed his/her bid in the initial RFP:

A. TOTAL MAINTENANCE BID:(Total Monthly Bid for all units X 12 months): $__________per year

B-1. REPAIRS NOT DEFINED BY MAINTENANCE SPECIFICATIONS:

1. Hourly Rate for Mechanic (as portion of team rate): $__________per hour2. Hourly Rate for Helper (as a portion of team rate): $__________per hour

Hourly Rate for Team (B.1 + B.2): $__________per hour

B-2. TEAM RATE: $__________per hour X ESTIMATED <100>hours per year: $__________Total

C. PARTS / MATERIALS NOT DEFINED BY MAINTENANCE SPECIFICATIONS:

Percent Mark Up Over Cost: __________per centX estimated <$1,000> of Parts Materials Cost: $__________Total

D. GRAND TOTAL BID FOR BUILDING:(Sum Totals for A + B2 + C) $__________Grand Total Bid

Has Bidder performed site visit and inspection of all units designated in this bid? ______(Yes or No)

*Codes and Abbreviations:

Elevator Use Machine Type ManufacturerP - Passenger GD - Geared Drum O - OtisF - Freight GT - Geared Traction H - HaughtonK - Kitchen GL - Gearless A - Armor

HO - Hydraulic (Oil) W - WestinghouseG - GravesS - SedgewickB - BurlingtonD - DresserM - MohawkMG - Montgomery

__________________ ______________________________

DATE SIGNATURE

CONTRACT NO._____________

AGENCY CERTIFICATION (In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract.)

AGENCY SIGNATURE CONTRACTOR'S SIGNATURE

______________________________ _______________________________SIGNATURE

DATED_______________________ _______________________________PRINT NAME/TITLE

_______________________________COMPANY

COMPTROLLER'S SIGNATURE

______________________________________ADDRESS

_______________________________

______________________________________CITY/STATE/ZIP

DATED________________________

________________/_______________TELEPHONE NO./FAX NO

_______________________________FEDERAL ID NUMBER

CORPORATE, PARTNERSHIP, INDIVIDUAL OR LLC ACKNOWLEDGMENT

STATE OF : SS.:

COUNTY OF

On the ____ day of ___________________ in the year 20 __ , before me personally appeared _______________________________________ , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at _____________________________________________________________, Town of ______________________________________________ , County of _______________________________ , State of ______________________________ ; and further that:

[Check One]

( If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation): _he is the _________________________________ of ____________________________________ , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): _he is the ________________________________ of ___________________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

( If a limited liability company): _he is a duly authorized member of ________________________________, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

________________________________________________Notary Public

FACILITY SITE VISITVERIFICATION FORM

I, , representing (Name)

by personal examination of the (Company Name)

specification and review of the actual work to be performed at the

(Facility name and address)

on , at (Day and date) (Time)

met with the facility manager or designated representative to comply with the site visitverification requirement as stated in the Project Definition.

, (Company representative signature) (Date)

FOR THE AGENCY USE ONLY

Print Name:

Title:

Signature: