State of Delaware State of Delaware DIVISION OF PUBLIC HEALTH 417 FEDERAL STREET DOVER, DELAWARE 19901 State of Delaware Department of Health and Social Services Division of Public Health Request for Proposals for Lead-based Paint Abatement Contractors Proposal Number: 04302010ARRA Proposal Closing: April 30, 2009; 3:00 PM EST RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 1 of 12 State of Delaware REQUEST FOR PROPOSALS TO CREATE POOL OF CERTIFIED LEAD-BASED PAINT ABATEMENT CONTRACTORS ISSUED BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH FOR THE STATE OF DELAWARE Executive Summary The Department of Health and Social Services (“DHSS”), Division of Public Health (“DPH”) is issuing this Request for Proposal (“RFP”) for the State of Delaware (“State”) to create a vendor pool (“Pool”) of certified lead-based paint abatement contractors (“Contractors”). This Pool of Contractors will have the opportunity to perform lead-based paint interim controls projects for property owners (“Property Owner”) using TANF labor that is 100% paid for by the State for a limited period of time. The Pool of Contractors will be given the opportunity to bid on projects for Property Owners identified by the State. The Contractors will be given the opportunity to inspect the project site and if interested provide a bid directly to the Property Owner. By submitting a proposal the Contractor will be considered for the Pool, but will not be required to perform any work or complete a specific project for a specific price. The State has received funding under the American Recovery and Reinvestment Act (“ARRA”) to provide funding for new jobs for individuals who are receiving or would otherwise be eligible to receive Federal Temporary Assistance for Needy Families (“TANF”) benefits. As a result of this funding the State is initiating a lead-based paint interim controls program (“Program”) for the citizens of Delaware. This new program will provide lower cost lead-based paint interim controls services to Delaware property owners (“Property Owner”), improve the health and safety of Delaware residents by removing lead-based paint hazards, create business opportunities for local contracting businesses to obtain projects that may have not been possible without the use of subsidized employment, provide training opportunities for TANF workers (“TANF Workers”), and create new jobs to underemployed and unemployed TANF Workers. The program will be jointly administered by DPH and the Division of Social Service (“DSS”). Information about the State’s Lead-Based Paint Programs generally and the contractor certification process may be obtained from DPH’s website at: http://dhss.delaware.gov/dhss/dph/hsp/lead.html. This RFP will define the scope of the work to be performed, the requirements the Vendor must address, the method for response, and the administrative requirements that must be followed. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 2 of 12 State of Delaware RFP Schedule ID Date/Time Activity 1 April 12, 2010 Request for Proposal issued and Posted on State Procurement Web Site http://bids.delaware.gov and DPH website at http://www.dhss.delaware.gov/dhss/rfp/dhssrfp.htm 2 April 19, 2010 Pre-Bid Conference to be held at 4 pm. Location: Fox Valley Annex 4425 N. Market Street Wilmington, DE 19802 3 April 21, 2010 All additional questions submitted via email to RFP contact person at thom.May@state.de.us by 5 p.m. 4 April 23, 2010 Answers to RFP via websites listed above 5 April 30, 2010; 3:00 RFP Response due date pm EST 6 May 7, 2008 Selected Contractor list released DPH will advise potential Vendors of changes to any dates as may be necessary. The State reserves the right to modify and/or cancel this solicitation at any time during the RFP process. All interested firms should submit 2 bound copies of their proposals (“Proposal”) to the contact person. Proposals may be mailed or hand-delivered for receipt no later than 3:00 p.m. EST on April 30, 2010 (“Closing Date”). All timely Proposals become the property of the State. Requests for extensions of the Closing Date will not be granted. Any Proposal, request for modification, or request for withdrawal received after 3:00 p.m. on the Closing Date is late and may not be considered. The Proposals may be delivered by Express Delivery (e.g., FedEx, UPS, etc.), U.S. Mail, or by hand. IMPORTANT: ALL BIDS/PROPOSALS MUST HAVE ON THE OUTSIDE ENVELOPE THE RFP NUMBER 04302010ARRA. IF THIS NUMBER IS OMITTED THE PROPOSAL WILL IMMEDIATELY BE REJECTED. Proposals shall be submitted to: State of Delaware Attn: Thom May Division of Public Health Health Systems Protection 417 Federal Street Dover, Delaware 19901 RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 3 of 12 State of Delaware Each Proposal must be accompanied by a letter, which briefly summarizes the proposing firm’s interest in being included in the Pool. The letter must also clearly state and justify any exceptions to the requirements of the RFP, which the applicant may have taken in presenting the Proposal. The State reserves the right to deny any and all exceptions taken to the RFP requirements. The cost of preparing Proposals will be borne solely by the Contractors. Proposals shall address all the requirements of the RFP in the order in which they appear in this request. RFP Designated Contact: Please submit all questions and requests for information in writing to Thom May at the email address or mailing address below. Verbal questions will not be accepted: Thom May Division of Public Health Health Systems Protection 417 Federal Street Dover, Delaware 19901 Thom.May@state.de.us Questions should be addressed to the contact person. All questions submitted, along with answers will be consolidated into a single Q&A document. The source of the questions will not be disclosed in the document. The Q&A document will be posted on the websites listed above. If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s websites listed above. The State of Delaware is not bound by any statement related to this RFP made by any State of Delaware employee, contractor or its agents. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 4 of 12 State of Delaware I. Project Description The State has developed a Program to provide Delaware Property Owners an opportunity to have lead-based paint interim controls performed on property for a reduced cost by utilizing funds available to the State through American Recovery and Reinvestment Act funds. The Program will begin on May 7, 2010 and all lead-based paint interim controls work shall be completed by September 18, 2010. The Program will include the following participants: A. Property Owners - interested in lead-based paint interim controls performed on their property will contact the Delaware Department of Public Health Lead Poisoning Prevention office. Participants will be on a first come first served basis. B. Contractors - certified as lead-based paint abatement firm, or in the process of obtaining certification, will be evaluated and placed in the Pool eligible to provide bids to Property Owners for lead-based paint interim controls. C. TANF Workers - the State will provide the Contractors with qualified and trained TANF Workers who are eligible for subsidized employment under this program. Contractors will be reimbursed for 100% of the wages, benefits and fringes of any TANF Workers employed by the Contractor for a limited period of time; thereby providing trained labor to the Contractor at no cost. II. Purpose of RFP DPH seeks interested lead-based paint abatement firms currently certified by the DPH, or willing and able to become certified no later than June 1, 2010, to submit their qualifications in order to be considered for inclusion in the Pool of Contractors to be given to Property Owners to bid for lead-based paint interim controls projects. If contractors need to obtain certification the earlier they obtain certification the sooner they will be able to bid on jobs. The Contractor must express a willingness to hire TANF eligible adults who will have the appropriate training and certifications to conduct lead-based paint interim controls work during the term of the project. The Contractor will have no obligation to retain the TANF Workers after September 18, 2010, although it is the hope of the Program that some of the TANF Workers may become permanently employed through their participation in the Program. The Contractors will be reimbursed 100% of the cost of the TANF Worker’s wages and benefits for a limited period of time. Consequently, the Contractors will be able to offer a reduced price for lead-based paint interim controls work during the period of the TANF Workers wage subsidy. III. Scope of Work The work shall consist of interim controls which are lead hazard reduction activities that temporarily reduce exposure to lead-based paint hazards through repairs, encapsulation, painting, maintenance, special cleaning, occupant protection measures, clearance and education. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 5 of 12 State of Delaware As part of the program the Contractor must employ trained TANF Workers to perform work on the identified projects. DSS will identify individuals qualified as TANF Workers and then provide the training and certification necessary for the TANF Workers to perform work on projects for this Program. Additionally, the DSS will assist the Contractors in hiring the TANF Workers. Under the Program envisioned by this RFP, Contractors engaged in lead-based paint interim controls projects will hire TANF Workers under the same terms and conditions as any other employee of the Contractor. The TANF Workers will be paid the same as any other new employee of the Contractor and receive the same benefits as any other new employee. The DSS will reimburse the Contractor for one hundred percent (100%) of the wage and fringe benefit costs of each TANF Worker hired and paid on or before September 18, 2010. The TANF Workers to be placed into the jobs created by the Contractors will be identified by the DSS and/or its partners including the Delaware Department of Labor (“DOL”). DSS and DOL will work with the Contractors to identify the best qualified TANF Workers to be hired by the Contractor. Also, Contractors need to be aware that federal regulations require that TANF Workers placed in wage subsidized employment positions cannot result in lay-offs of other employees or replace laid-off workers. The regulations state: “No adult…shall be employed or assigned- (A) when any other individual is on layoff from the same or substantially equivalent job; or (B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce…” For the TANF Workers hired by the Contractor, reimbursement to the Contractor will be made based on receipt by the DSS of actual accurate payroll records for each TANF Worker from the Contractor. Reimbursement will be made for 100% of the wage and fringe benefit costs. The Contractor may submit the appropriate payroll records at the end of each pay period or accumulate the records and submit them monthly or at any other convenient time. However, all payroll records must be received by DSS on or before the close of business on September 20, 2010 in order for the Contractor to receive reimbursement. DSS will make every effort to issue payments within 10-14 days although the State standard is to issue payment within 30 days of receipt of an accurate invoice. DSS will consider advancing some funds to a Contractor after a person is hired, but prior to the first payroll to further minimize the financial burden on the Contractor. After September 18, 2010, all subsidies for TANF Workers wage and fringe benefit costs will end. Although it is hoped that TANF Workers who have performed successfully will be retained and have ongoing employment, Contractors will not have any obligations to the TANF Workers beyond the obligations the employer has to any other employee. The Contractor will be required to enter into a TANF contract with the State. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 6 of 12 State of Delaware The anticipated work flow is provided below for informational purposes only and may change as needed: A. Lead-based paint inspection by the DPH risk assessor and project designer (“Project Designer”) who will evaluate the property and create a report on the property to include: the assessment that a lead-based paint hazard exists, and estimated cost. B. Property Owner will be notified of the results of the report and DPH will provide the Property Owner with the names of Contractors eligible to bid. C. Property Owner seeks bids from Contractor and then selects Contractor to perform the interim controls project. Property Owner and Contractor negotiate and enter into an agreement to complete the project as described in A above. D. DSS will coordinate the hiring of the TANF Worker[s] with the Contractor. The Contractor will notify DPH once it has entered into a contract with a Property Owner. The use of TANF Workers provides savings to the Contractor and the Property Owner since the cost is subsidized by the ARRA program, essentially providing a free (subsidized) labor component. E. Work will be performed by the Contractor under certified lead abatement supervisors by certified abatement workers including TANF Workers. The Contractor will agree to follow EPA, HUD, OSHA and State guidance. Contractor will advise the DPH Project Designer when work is ready for clearance testing. The cost of clearance testing will be included in the bid cost provided to the Property Owner from the Contractor. F. Clearance Testing 1. The results of the test are provided to the Property Owner, the Contractor and DPH. If lab results indicate the property has passed clearance standards and is safe for occupancy, no further action is needed. 2. If the results of the test result in a finding that the property still has lead-based paint hazards the Contractor must return to the property and remediate the property until the testing indicates the property has passed clearance standards and is safe for occupancy. IV. MINIMUM REQUIRED QUALIFICATION A. The Contractor must have been in business at least two years. B. Certified or Accredited by the State of Delaware in the appropriate lead-based paint discipline, or willing to become certified no later than June 1, 2010. Information about the certification process is available at http://dhss.delaware.gov/dhss/dph/hsp/lead.html. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 7 of 12 State of Delaware C. Current Delaware business license. D. Certified or Accredited in Personal Protection Equipment training, or willing to obtain certification by June 1, 2010. E. The Contractor must provide a statement affirming its commitment during this Program to bid a reduced rate on Projects that utilize TANF Workers on these lead-based paint interim controls projects. F. The Contractor must designate a point of contact person for the services performed under this contract. G. The Contractor affirms in its Proposal compliance with the Equal Opportunity assurance as outlined in this RFP. V. Vendor's Capacity A. Please provide a short statement indicating the Contractor’s experience in lead- based paint interim controls. B. Generally describe the types of lead-based paint interim controls your firm has completed, the nature of the property, and the extent of controls completed. Indicate any areas of specialization or specific types of properties which your firm has a specific interest or expertise in interim controls. C. Please indicate the number of projects the Contractor anticipates being able to perform where work by the TANF Workers will conclude on or before September 18, 2010. Please indicate the Contractor’s ability to equip with all necessary personal equipment the TANF Workers as well as the Contractor’s existing work force. VI. ELIGIBILITY A. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP. B. Exclusions DPH reserves the right to refuse to consider any proposal from a Contractor: 1. Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 8 of 12 State of Delaware contract or subcontract, or in the performance of the contract or subcontract; 2. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a State contractor; 3. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes; 4. Has violated contract provisions such as: a) Knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or b) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts; 5. Has violated ethical standards set out in law or regulation; and 6. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations. C. Contractors will not be permitted to subcontract the work being provided under this program. VII. Insurance Requirements A. Contractor recognizes that it is operating as an independent Contractor and that it is liable for any and all losses, penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or injury to any and all property, of any nature, arising out of the Contractor's negligent performance under this Contract, and particularly without limiting the foregoing, caused by, resulting from, or arising out of any act of omission on the part of the Contractor in their negligent performance under this Contract. B. The Contractor shall maintain such insurance as will protect against claims under Worker’s Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this Contract. The Contractor is an independent contractor and is not an employee of the State. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 9 of 12 State of Delaware C. During the term of this Contract, the Contractor shall, at its own expense, carry insurance with minimum coverage limits as follows: 1. Commercial General Liability $1,000,000 and 2. Professional Liability $1,000,000/ $3,000,000 or 3. Misc. Errors and Omissions $1,000,000/$3,000,000 or 4. Product Liability $1,000,000/$3,000,000 All contractors must carry (a) and at least one of (b), (c), or (d), depending on the type of service or product being delivered. If the contractual service requires the transportation of Departmental clients or staff, the contractor shall, in addition to the above coverage, secure at its own expense the following coverage: 5. Automotive Liability (Bodily Injury) $100,000/$300,000 6. Automotive Property Damage (to others) $ 25,000 D. Include a statement in its Proposal confirming the ability to comply with these requirements and upon inclusion in Pool Contractor must be able to provide within five (5) working days a Certificate of Insurance from Contractor’s Insurance provider. VIII. EQUAL OPPORTUNITY ASSURANCE Contractors in this Program assure that they will comply fully with the non- discrimination and equal opportunity provisions of the following laws: A. Section 188 of the Workforce Investment Act of 1998 (WIA) which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity; B. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against individuals with disabilities; RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 10 of 12 State of Delaware C. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and D. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. E. Contractors also assure that they will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the Contractor’s operation of the WIA Title I financially assisted program or activity, and to all agreements the participant makes to carry out the WIA Title I financially assisted program or activity. The participant understands that the United States has the right to seek judicial enforcement of this assurance. IX. State’s Right to Reject Proposals The State of Delaware reserves the right to accept or reject any or all Proposals or any part of any Proposal, to waive defects, technicalities or any specifications (whether they be in the State of Delaware’s specifications or Contractor’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new Proposals on the same project or on a modified project which may include portions of the originally proposed project as the State of Delaware may deem necessary in the best interest of the State of Delaware. X. State’s Right to Cancel Solicitation The State of Delaware reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The State of Delaware makes no commitments expressed or implied, that this process will result in a business transaction with any Contractor. This RFP does not constitute an offer by the State of Delaware. Contractor’s participation in this Process may result in the State of Delaware selecting your organization to engage in further discussions and negotiations toward execution of a contract to employ TANF Workers. The commencement of such negotiations does not, however, signify a commitment by the State of Delaware to execute a contract nor to continue negotiations. The State of Delaware may terminate negotiations at any time and for any reason, or for no reason. XI. Evaluation of Proposals The selection committee shall evaluate the proposals based on the selection criteria below: A. Certified Lead Paint Contractor or willing to obtain appropriate certification no later than June 1, 2010; B. Meets the Minimum Requirements set fort in RFP C. Affirmation to employ TANF Workers. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 11 of 12 State of Delaware XII. Notification of Selection for Placement on Qualified Contractor List The State will notify those Contractors who have been selected for inclusion in the pool of qualified lead-based paint abatement Contractors. RFP: Request for Proposals for Lead-based Paint Abatement Contractors Page 12 of 12