REQUEST FOR PROPOSAL (RFP) | RFP Number: 19-071-C y Formularios/4. Alimentos RFP... · request for proposal (rfp) | rfp number: 19-071-c to establish contract(s) for the procurement

REQUEST FOR PROPOSAL (RFP) | RFP Number: 19-071-C

TO ESTABLISH CONTRACT(S) FOR THE PROCUREMENT OF FOOD ITEMS FOR ALL

THE AGENCIES, PUBLIC CORPORATIONS AND MUNICIPALITIES OF THE

GOVERNMENT OF PUERTO RICO

Date Initial RFP Issued: November 29, 2018, (Amendment April 26th, 2019)

Proposals Due Date: May 20th, 2019 at 1:00 p.m. AST

Contact Person: Iris Y. Rivera Sha, Bid Board Secretary

Issued By: Administración de Servicios Generales (ASG)

Request for Proposals for Food Supplies RFP # 19-071-C

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Table of Contents

1.0 Introduction ............................................................................................................................ 1

1.1 Definitions/Acronyms................................................................................................... 1

1.2 Background ................................................................................................................... 2

1.3 The Puerto Rico General Services Administration ....................................................... 2

1.4 Contract Term ............................................................................................................... 2

1.5 RFP Timeline ................................................................................................................ 3

1.6 Requests for Clarification (RFCs) ................................................................................ 3

1.6.1 Requests for Clarification ................................................................................. 3

1.6.2 Pre-Bid Conference ........................................................................................... 4

1.7 Proposal Submission ..................................................................................................... 4

1.8 Register at “Registro Único de Licitadores (RUL)” ..................................................... 5

1.9 Proposer Signatures ...................................................................................................... 5

2.0 Scope ...................................................................................................................................... 5

2.1 Pricing ........................................................................................................................... 6

2.2 Technical Approach (Maximum of six (6) pages) ........................................................ 6

2.3 Past Performance (Maximum of three (3) pages) ......................................................... 8

2.4 Additional Information (Maximum of three (3) pages) ................................................ 9

3.0 RFP Response Proposal Format Requirements ..................................................................... 9

3.1 Document I: RFP Response Document ...................................................................... 10

3.1.1 Cover Letter (One (1) page) ............................................................................ 10

3.1.2 Technical Approach (Maximum of six (6) pages) .......................................... 10

3.1.3 Past Performance (Maximum of three (3) pages) ........................................... 10

3.1.4 Additional Information (Maximum of three (3) pages) .................................. 10

3.2 Document III: Pricing Worksheet ............................................................................... 10

3.2.1 Pricing (No page limit. Submit Pricing Worksheet) ....................................... 10

4.0 Evaluation, Selection, and Award........................................................................................ 11

4.1 Round 1: Initial Evaluation ......................................................................................... 11

4.1.1 Pricing Proposal Evaluation ............................................................................ 11

4.1.2 Technical Approach Evaluation ...................................................................... 12

4.1.3 Combined Evaluation Score ........................................................................... 13

4.2 Round 2: Best and Final Offer Evaluation ................................................................. 13

4.3 Selection ..................................................................................................................... 13

4.4 Award ......................................................................................................................... 13

5.0 Other Terms & Conditions .................................................................................................. 13

5.1 Review board period ................................................................................................... 13

5.2 Rejection of Proposals; Cancellation of RFP ............................................................. 14

5.3 Waiver Informalities ................................................................................................... 14

5.4 Errors and Omissions in Proposal............................................................................... 14

5.5 Cost of Preparing Proposal ......................................................................................... 14

5.6 Prohibited Communications ....................................................................................... 14

5.7 Public Announcements ............................................................................................... 14

5.8 Deposit and Guarantees .............................................................................................. 15

6.0 Proposer’s Certifications...................................................................................................... 15

7.0 Confidentiality of Responses & Proprietary Information .................................................... 15


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7.1 Redacted Copy ............................................................................................................ 16

7.2 Ownership of Submitted Proposal .............................................................................. 16

8.0 General Terms and Conditions ............................................................................................ 16

8.1 Distribution ................................................................................................................. 16

8.2 Quoted Prices .............................................................................................................. 16

8.3 Storage ........................................................................................................................ 16

8.4 Purchase Quantity ....................................................................................................... 16

8.5 Invoicing ..................................................................................................................... 16

8.6 Payments ..................................................................................................................... 17

8.7 Breach ......................................................................................................................... 17

8.8 Code of Ethics............................................................................................................. 17

8.9 Anti-Discrimination Clause ........................................................................................ 17

9.0 Local Preference .................................................................................................................. 17

10.0 FOMB Contract Review ...................................................................................................... 18

11.0 Attachments (Cover Letter) ................................................................................................. 19

List of Tables

Table 1.5-1. RFP General Timeline. ............................................................................................... 3

Table 1.7-1. Submission Format. .................................................................................................... 4

Table 2.2-1. Technical Approach Requirements. ........................................................................... 6

Table 2.3-1. Past Performance Requirements. ................................................................................ 8

Table 2.4-1. Additional Information Requirements. ....................................................................... 9

Table 4.1-1. Weight for each requirement areas. .......................................................................... 11

Table 4.1.1-2. Pricing Evaluation Score formula ......................................................................... 12

Table 4.1.2-1. Evaluation Guide. .................................................................................................. 12

Table 4.1.2-2. Evaluation Scale. ................................................................................................... 12


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1.0 Introduction

1.1 Definitions/Acronyms

“ASG” means the Administración de Servicios Generales de Puerto Rico (or the Puerto Rico

General Services Administration).

“Bid Board” shall mean the Junta de Subastas de la Administración de Servicios Generales de

Puerto Rico (or Bid Board of the General Services Administration of Puerto Rico).

“Best Value Trade Off Selection” or “Best Value” refers to the expected outcome of an

acquisition that, in the Government’s estimation, provides the greatest overall benefit to the

Government in response to the requirements.

“Discounts” are reductions in price of products and services offered by vendors. They may also

be reductions in the total price of an invoice. The benefit of these discounts are realized as invoices

are paid.

“Electronic Signature” refers to a digital image of a hand-written signature that serves as an

official signature on binding legal documents.

“Financial Oversight Management Board” or “FOMB” refers to the Board created under the

Puerto Rico Oversight, Management, and Economic Stability Act of 2016 (“PROMESA”).

“Government” means the Government of Puerto Rico, also referred to as “GPR.” It is inclusive

of all government branches, agencies, public corporations, and municipalities.

“Government Entity” refers to any department, agency, board, commission, body, bureau, office,

public corporation or instrumentality of the Executive Branch, whether existing or to be created in

the future.

“Instrumentality” refers to any entity, agency, or public corporation of the Government of Puerto

Rico.

“Pricing Worksheet” or “Worksheet” is the excel file used to provide price proposals for this

RFP.

“Price Reasonableness” or “Fair and Reasonable Price” refers to an assessment by the

Government of any price proposed by a respondent. The prices will be assessed for fairness and

reasonableness by applying one or more statistical price analysis techniques that identify outlier

prices.

“Proposer” or “Respondent” means a(n) (i) natural person, (ii) legal person, (iii) joint venture,

or (iv) partnership, or (v) consortium of individuals, and/or partnerships, and/or companies or other

entities that submit a response to this RFP that is not currently debarred in any Federal, State and/or

Local jurisdictions.

“Rebates” are payments negotiated by vendors to be paid to customers as incentives for customers

to utilize more of their products or services. Rebates are commonly calculated based on volume

or total spend the customer has with the vendor. Rebates are commonly paid on a periodic basis

(e.g. per invoice, quarterly, etc.)


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“RFP” means this Request for Proposal and addenda issued by ASG.

“Vendor” or “Awarded Proposer” or “Selected Proposer” means a Proposer or Respondent

that is awarded a contract resulting from this RFP.

1.2 Background

The Government of Puerto Rico (“Government”) is responsible for administering public

resources and for providing all necessary public services to the Puerto Rican general public,

approximately 3.3 million people. The Executive Branch is the largest employer in Puerto Rico

with more than 150,000 workers.

The Government’s current Fiscal Plan calls for “Financial Control Reforms” to improve budget to

cash and overall financial reporting and controls. Procurement reform has been identified as one

of the key enablers of this financial reform. To pursue these procurement reforms, the Government

is implementing modern practices to improve the efficiency and effectiveness of procurement

operations. The Government is currently going through a procurement reform which includes

strategic sourcing of categories of goods and services identified as essential to achieve

government-wide savings and significantly reduce the cost of purchased goods and services.

The Government is issuing this Request for Proposals ("RFP") to invite interested vendors

("Proposers") to submit proposals to provide food items for all Government instrumentalities.

The current estimated government-wide annual spend for select food items is approximately $36

million dollars.

This RFP is open to any and all interested parties, including global leaders in food and local

market participants that provide centralized and regional distribution of food items.

1.3 The Puerto Rico General Services Administration

In 2011, the Reorganization Plan Number 3 (Reorganization Plan) was enacted in order to

restructure the Government of Puerto Rico’s procurement process and to establish the

Administración de Servicios Generales (or General Services Administration) as the governmental

entity in charge of implementing Puerto Rico Government procurement policy ASG covers the

purchase and acquisition process of non-professional goods and services for the Government of

Puerto Rico.

Under the Reorganization Plan, ASG has the authority to act as the procuring and negotiating entity

for all Government entities. This includes the authority to procure the purchase and acquisition of

goods and services on behalf of all Government entities.

1.4 Contract Term

The contract(s) resulting from this RFP will be awarded to one or multiple Proposer(s). The term

of the contract(s) expected to be awarded at the end of this RFP process will commence upon

ASG’s execution of the contract(s) and will be in effect for one year after execution with two one-

year options, exercisable at the Government’s discretion. ASG reserves the right to cancel the

contract(s) before expiration under several contract breach circumstances from the selected


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Proposer, cancel contract work upon finalization of duties under the scope of work, or not extend

the contract term, and re-bid the scope of work after term expiration.

The main purpose of the RFP and resulting contract is to achieve government-wide savings on the

purchase of food items.

1.5 RFP Timeline

The timeline for this RFP is presented below in Table 1.5-1. All items must be received by the

stated deadline.

Table 1.5-1. RFP General Timeline.

Target Date Event

04/01/2019 Last Day to Submit Questions (Request For Clarifications) – 1:00 p.m. (Atlantic):

[email protected]

04/08/2019 Issuance of Answers to Questions by ASG – 1:00 p.m. (Atlantic)

04/10/2019 Pre Bid Conference – 10:00 a.m. (Atlantic)

Dial-in information for the conference call will be provided on the ASG website

05/20/2019 Proposal Submission Deadline – 1:00 p.m. (Atlantic): [email protected]

After 05/22/2019 Award Announcement

Please note that the RFP timeline includes target dates that are subject to change. It is the

responsibility of Proposers to periodically review their emails and the ASG website

(www.asg.pr.gov/ReformaCompras/Pages/default.aspx) for all information and updates related

to this RFP.

1.6 Requests for Clarification (RFCs)

1.6.1 Requests for Clarification

Request for Clarifications and Questions relating to this RFP must be submitted via email to

[email protected] no later than 1:00 pm on April 1st. Submitted questions should make

reference to the RFP number and provide the point of contact for the prospective Proposer.

ASG will compile all questions and issue answers to all questions to prospective Proposers by

April 8th on its website (www.asg.pr.gov/ReformaCompras/Pages/default.aspx). Proposers are

expected to download the document containing all the answers to the Request for Clarification

from the ASG website. Proposers should acknowledge that they have read the answers to the

questions by signing the acknowledgement in the Cover Letter identified in section 3.1.1.

From the time the RFP is issued until the time an award is made, vendors may not in any way

contact ASG directly. Questions regarding the RFP may only be asked through e-mail. Questions

asked through e-mail will only be answered if they are sent to the e-mail address provided for

asking questions and are sent during the time allowed for asking clarifying questions.

Vendors must not contact ASG in any other way. This includes in-person visits, phone calls, text

messages, e-mails or any other form of communication.

mailto:[email protected]

http://www.asg.pr.gov/ReformaCompras/Pages/default.aspx

mailto:[email protected]



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1.6.2 Pre-Bid Conference

ASG will further clarify the answers posted on the ASG website during a pre-bid conference to be

held on April 10th at 10:00 A.M. AST at the ASG office (211 Avenida Quisqueya, San Juan, 00917,

Puerto Rico). Dial-in information for the conference call will be provided on the ASG website in

category folder.

The primary purpose of the pre-bid conference is to provide instructions for completing the

technical sections of the RFP and the pricing worksheet, as well as to provide further clarification

to existing questions submitted via email.

1.7 Proposal Submission

Proposals are to be submitted via email to [email protected] by May 20th, 2019 no

later than 1:00 PM Atlantic Standard Time. Responses to the RFP submitted after the prescribed

deadline will not be accepted.

Proposals will not be evaluated until after 1:00 pm, May 20th (Proposal Submission

Deadline).

The Proposer shall submit the response via email to the Auction Board Secretary. The email subject

line must contain the following:

Attention: Auction Board Secretary: Response to RFP 19-071-C from <Proposer Name>

The submission via email should contain three (3) attachments with the contents as listed below in

Table 1.7-1:

Table 1.7-1. Submission Format.

Document

Number

Document

Format

Document

Type

Document Naming

Convention

Document Contents

I

PDF

Original Copy <Proposer Name>_RFP

Response

Original_<MMDDYYY

Y>.pdf

1. Cover Letter

2. Answers to questions in Technical Approach

3. Answers to questions on Past Performance

4. Answers to questions on Additional Information

II

PDF

Redacted

Copy

<Proposer Name>_RFP

Response

Redacted_<MMDDYYY

Y>.pdf

1. Cover Letter

2. Answers to questions in Technical Approach

3. Answers to questions on Past Performance

4. Answers to questions on Additional Information

III

XLS

Original Copy

(filled out as

per template

provided)

<Proposer

Name>_Pricing

Worksheet_<MMDDYY

YY>.xls

1. Pricing Worksheet


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Document Number II refers to the requirement for proposers to submit a redacted electronic copy

of their proposal as outlined in Section 7.0 (Confidentiality of Responses & Proprietary

Information). If no identifiable redacted copy of the proposal is included with the submission,

ASG will consider the submitted copy as both the redacted and un-redacted copy of the proposal.

If the proposal is submitted multiple times, ASG will only accept the latest version submitted

before the deadline.

1.8 Register at “Registro Único de Licitadores (RUL)”

Any Proposer interested in contracting with the Government must be registered in the “Registro

Único de Licitadores” (RUL) in accordance with the specifications provided in the RUL

registration requirements. Proposers can access the RUL through the following link:

https://rul.asg.pr.gov/

Registration in the Registro Único de Licitadores is a mandatory requirement for any natural or

legal person, interested in participating in the procurement process of goods and services with

the Government of Puerto Rico. At the time of any proposal response submission, all bidders

must have the Certification of Eligibility as required in Article 4.2 (e) of the Reglamento del

Registro Único de Licitadores del Gobierno de Puerto Rico (Regulation # 8182).

Registration in the RUL must be active and all documents required for active registration

must be up to date.

1.9 Proposer Signatures

All submitted proposals should provide a clear point of contact that includes:

Name of point of contact

Address

Email address of point of contact

Proposals that do not identify a point of contact and contact information will be rejected.

The Cover Letter of the proposals (Section 3.1.1) must be signed with indelible ink or blue pen by

an authorized agent of the Proposer. The authorized agent should be the same point of contact

registered in the “Registro Unico de Licitadores” (RUL).

.

2.0 Scope

This RFP seeks to receive responses for Proposers who want to be considered for providing food

items to all the Agencies, Public Corporations or Municipalities of the Government of Puerto Rico

under a contract with ASG resulting from this RFP. The Government has requirements in the

following four (4) areas:

Pricing

Technical Approach

Past Performance (This section is required but will not be scored)

https://rul.asg.pr.gov/


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Additional Information (This section is required but will not be scored)

The proposals shall be clear, concise, and include sufficient detail for an effective evaluation, and

for substantiating the validity of stated claims. Proposals shall not simply rephrase or restate the

Government’s requirements, but rather shall provide a convincing rationale to address how the

Proposer intends to meet the requirements. Proposers shall assume that the Government has no

prior knowledge of their experience or best practices, and that qualifications and past performance

reviews will be based only on the information presented in the Proposer’s proposal.

2.1 Pricing

The Pricing Worksheet must be submitted in electronic form via email along with the other

documents as mentioned in Section 3.0. The Pricing Worksheet has instructions on how to provide

pricing information.

The Pricing Worksheet (Tabs “1. Pricing WS Historical Vol” and “1.1 Pricing WS Speculative

Vol”) contains the product description (and other relevant information) needed to provide price

proposals. It is made up of item sub-categories of food supplies consumed across the entire

Government and has an annual spend of approximately $36 million.

The Pricing Worksheet Tabs asks Proposers to provide unit price proposals for items that meet the

item descriptions. Proposers are also asked to provide alternate items that may be offered at a lower

price but meets the same requirements. If the Proposer leaves any price proposal for an item or its

alternate item blank, ASG will assume that such information is not available.

The “2. Discounts and Rebates” Tab lists various discount structures and rebates that the proposer

is willing to provide. It also provides options of different payment terms.

All pricing submitted in the Pricing Worksheet must include freight.

2.2 Technical Approach (Maximum of six (6) pages)

The Technical Approach must detail the Proposer’s approach for meeting each of the technical

requirements, and must reflect a practical and feasible method to accomplish them. The technical

requirements are as follows:

Table 2.2-1. Technical Approach Requirements.

Performance

Areas

Performance

Category

Requirement

I Reporting

1. The Government of Puerto Rico will require Proposers who are awarded a

contract to provide a monthly line-item usage report in electronic format (e.g.

Excel or CSV, etc.) with the following fields: Item Name, Item Specification,

Unit of Measure (UoM), Pack Size, Manufacturer/Producer/Brand, Unit Price,

Order Quantity, Order Date, Invoice Date, and Invoice Amount for all items

that are contracted. Please describe your approach for meeting this

requirement.

2. Please provide a description of your approach for tracking and reporting on

service levels that will be set in the contract with the Government, including

identifying the amount of discounts owed to the Government of Puerto Rico

for failure to achieve a given service level.


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Performance

Areas

Performance

Category

Requirement

II Ordering

1. The government requires communication of back orders at the time the order

is placed. Please describe your organization's approach for meeting this

requirement.

2. What is your process for communicating price increases or decreases?

III Delivery

1. The Government requires delivery of all food items at different delivery

schedules (multiple times a week, weekly, monthly etc.) based on requirements.

Please describe your ability to meet these delivery requirements for each of the

sub-categories (e.g., Produce, Meats or Substitutes, Egg and Dairy, Breads

Confectionary or Snack Products, Beverages, Condiments and Spices, Soups

Pasta Prepared Food and Others, Cereals and Grain, Baby Food and Dietary

Supplements. The sub-categories can also be found in the Pricing Worksheet).

2. Besides labelling required from the FDA to every food supplier, some agencies

(like AEA) may require a special that will go in each individual product or in the

box containing the products, the label has the following characteristics:

Can you fulfill this requirement?

IV Availability

1. Please describe your organization's process for notifying when products are

temporarily unavailable. How are substitute items communicated? All

substitutes need to be approved by the customer.

2. Describe your company's ability to supply all of the estimated volumes by

sub-category (e.g., Produce, Meats or Substitutes, Egg and Dairy, Breads

Confectionary or Snack Products, Beverages, Condiments and Spices, Soups

Pasta Prepared Food and Others, Cereals or Grain, Baby Food and Dietary

Supplements. as identified in the Pricing Worksheet) in case of such an

award.

V Account

Management

1. Describe ongoing account servicing approach and address the following:

Background, and responsibilities of the primary person that will be

servicing the account

Transition plan if not the incumbent vendor

Frequency of turnover on the account management team

2. Please describe your organization's ability to provide customer service

support during the hours of 6:00 AM to 4:00 PM Atlantic Standard Time.

VI Emergency

Preparedness

1. The Government requires proposers to establish contingency plans for the

provision of food in the event of natural disasters or other unforeseen

disruptive events. Please describe your ability to meet this requirement.


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Performance

Areas

Performance

Category

Requirement

2. In cases of food contamination, please describe your organization’s

procedures for communicating and managing recall of food products and any

associated cost.

2.3 Past Performance (Maximum of three (3) pages)

Proposers must provide contact information (name, title, company, address, phone number, and

email address) for at least three references (public sector clients preferred) where the Proposer has

executed work that is similar to the work requested in this RFP. References shall be dated within

the past three (3) years of the RFP closing date. Proposers must provide answers to the questions

listed in Table 2.3-1 for each of the three references (one page for each reference). Please reference

the Performance Category and the question number when providing the responses.

Table 2.3-1. Past Performance Requirements.

Performance

Category

Questions

Scope of

Work

1. What was the scope of the work performed in your past engagement?

Dollar

Amount 1. What was the amount of the contract/purchases with this client for over a year?

Reporting

1. Did you ever provide any electronic reports to your customer regarding the items sold to

them?

2. Did you have any service level agreements with the customer? What were the

consequences if you failed to meet the service levels?

Ordering 1. During the time of your contract with the customer, did you increase or decrease prices?

How was this communicated to the customer?

Delivery 1. How was your delivery schedule arranged with this customer? What was the delivery

frequency?

Availability

1. During the time of your contract with the customer, did you have any problems related to

not fulfilling the orders because of product’s unavailability? If so, how was this

communicated to the customer? Which actions were taken in order to reduce the impact?

Account

Management

1. Was there a single point of contact for your customer? How was Account Management

handled?

Emergency

Preparedness

1. During the time of the contract with your customer, was there any emergency related to

natural disasters or unforeseen disruptive event(s)? What were the actions taken to reduce

the impact of this event?

2. Did you experience any problem related to food contamination? If so, how was this

communicated to your customer? Which actions were taken to reduce impacts?

ASG may contact these references to verify this information.

Responses to Past Performance will be taken into consideration to understand vendor capabilities,

but will not be evaluated or scored.


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2.4 Additional Information (Maximum of three (3) pages)

In a maximum of three (3) pages, Proposers shall submit answers to the additional questions listed

in Table 2.4.1 for each of the Performance Areas of the Additional Information: Invoicing, Vendor

Performance, and General Service.

Table 2.4-1. Additional Information Requirements.

Performance

Area

Name Question

I Invoicing 1. Does your organization offer consolidated billing? If so, what is your approach

for it?

II Vendor

Performance

1. What are your current delivery lead-time options with your current clients in

Puerto Rico (e.g., next day, 2 days)?

2. What is your organization's current overall line item fill rate?

3. What is your organization's on-time delivery rate?

4. Do you carry inventory of the Food items mentioned in the Pricing Worksheet?

How many warehouses/cold storage facilities do you have in Puerto Rico?

5. What is your organization’s ability to respond to surges in demand for food

items purchased by the Government?

III General

Service

1. Vendors may be required to participate in quarterly business reviews with the

Government. Will your organization agree with this requirement?

2. Please describe your organization’s ability to send invoices and receive orders

placed through online enterprise resource planning (ERP) platforms.

3. Please describe your organization's return policy for orders incorrectly

processed by your company.

4. To what extent does your organization rely on subcontracting (e.g. delivery

service) to provide food items to your clients?

5. Is your organization capable of processing purchase orders, order receipt

confirmations, and invoices via EDI?

Responses to Additional Information will be taken into consideration to understand vendor

capabilities, but will not be evaluated or scored.

3.0 RFP Response Proposal Format Requirements

The proposal submissions must contain the sections below and respect page limits stated for each

section. Pages submitted in excess of the stated page limitations will not be taken into consideration

and will not be evaluated. Pages must be single-spaced on 8½ by 11inch paper, with a minimum

one-inch margin all around. Pages shall be numbered consecutively and use a 12-point font of

Times New Roman.

Respondent’s proposal shall be formatted as follows:


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3.1 Document I: RFP Response Document

3.1.1 Cover Letter (One (1) page)

Proposers must complete and submit the one (1) page Cover Letter in the official template (Section

11. Attachments) as part of Documents I and II. The Cover Letter contains instructions on how to

provide Proposer information.

3.1.2 Technical Approach (Maximum of six (6) pages)

In a maximum of six (6) pages, the Proposers should provide answers to the questions listed for

each of the Performance Areas of the Technical Approach: Reporting, Ordering, Delivery,

Availability, Account Management, and Emergency Preparedness.

The response format should refer to the performance area and the requirement number.

Example:

Performance Area Requirement ID Response

II: Ordering 2. What is your process for

communicating price increases or

decreases?

Your response here

3.1.3 Past Performance (Maximum of three (3) pages)

In a maximum of three (3) pages, Proposer should provide responses to the information requested

in Section 2.3 (Past Performance (Maximum of three (3) pages)).

Responses to Past Performance will be taken into consideration to understand vendor capabilities,

but will not be evaluated or scored.

3.1.4 Additional Information (Maximum of three (3) pages)

In a maximum of three (3) pages, Proposers shall submit answers to the additional questions listed

in Table 2.4.1 for each of the Performance Areas of the Additional Information: Invoicing, Vendor

Performance, and General Service.

Responses to Additional Information will be taken into consideration to understand vendor

capabilities, but will not be evaluated or scored.

3.2 Document III: Pricing Worksheet

3.2.1 Pricing (No page limit. Submit Pricing Worksheet)

Proposers shall provide pricing for the items listed in the Pricing Worksheet. This must be

submitted as a separate file in electronic form via email.

Proposers should use the format provided and follow the Worksheet Instructions to populate the

Worksheet. If any Proposer makes substantial omissions or format changes to the Worksheet, ASG

reserves the right to deduct points from the Proposer’s score or reject the entire proposal.


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4.0 Evaluation, Selection, and Award

4.1 Round 1: Initial Evaluation

The Government expects to award one or multiple contracts for the requirements outlined in this

RFP to the proposers that present the Best Value to the Government. The Auction Board will

evaluate the Pricing Proposal and Technical Approach and decide on an award scenario.

At any point during the evaluation period, ASG reserves the right to contact Proposers for

clarifications about their Proposals. The purpose of these clarifications is not to obtain additional

information not originally submitted in the proposal, but rather to obtain a better understanding of

the content provided.

For the calculation of Combined Evaluation Scores for each proposal, the Government has

established following weights for the requirement areas of Pricing and Technical Approach in

Section 2.

Table 4.1-1. Weight for each requirement areas.

Requirements Weight Maximum Score

Pricing 80% 100

Technical Approach 20% 100

4.1.1 Pricing Proposal Evaluation

Prices will be evaluated for reasonableness and fairness. Prices will be evaluated on an item-by-

item and sub-category basis. However, it is possible that an award for any given item may not go

to the Proposer with the lowest price if, in the judgement of the Government, the higher-priced

Proposer offers the best overall value to the Government when also considering the technical

requirements.

A weight of 80% has been assigned to the Pricing section in calculating the Final Evaluation Score

for each proposal. The following criteria will be used to evaluate the pricing provided by each

Proposer in the Pricing Worksheet:

4.1.1.1 Price Fairness Evaluation

Quoted Prices proposed by each Proposer for different items will be first evaluated for

reasonableness and fairness by applying one or more statistical price analysis techniques that

identify outlier prices.

4.1.1.2 Price Evaluation Score

Post price fairness evaluation, the Government will calculate the Pricing Evaluation Score for each

proposal based on the 80% weight assigned to it. A Proposer that provides the lowest Quoted

Prices will achieve maximum number of points for the pricing criteria. Other Proposers will then

achieve points proportionally based on their Quoted Prices as compared to the lowest Quoted

Prices for each item. Pricing Evaluation Score for each proposal can be calculated as follows:


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Table 4.1.1-2. Pricing Evaluation Score formula

Type of Score Maximum Score

Pricing Evaluation Score Maximum points that can be given to a proposal for the lowest Total Quoted Price * (Lowest

Quoted Price across all proposals ÷ Quoted Price of the proposal being evaluated)

4.1.2 Technical Approach Evaluation

The Technical Approach will be evaluated to determine the extent to which it demonstrates the

Proposer’s ability to fulfill the technical requirements. A weight of 20% has been assigned to the

Technical Approach in calculating the Combined Evaluation Score for each proposal. Following

criteria will be used to evaluate the responses provided by each Proposer for the Technical

Requirement:

4.1.2.1 Performance Areas Score

For calculating the Technical Evaluation Score, first each of the performance areas listed in the

Technical Approach: Reporting, Ordering, Delivery, Availability, Account Management, and

Emergency Preparedness, will be evaluated based on the evaluation guide detailed below in Table

4.1.2-1. A Proposer that achieves the highest rating for the four Performance Areas will obtain a

maximum score of one-hundred (100) points for the Technical Approach.

Table 4.1.2-1. Evaluation Guide.

Performance Area Maximum Points

Reporting 20

Ordering 10

Delivery 20

Availability 20

Account Management 10

Emergency Preparedness 20

The score obtained for a particular Performance Area is dictated by the ability of the Proposer to

satisfactorily meet the requirements of that Performance Area. Responses to questions in each

Performance Area will be scored based on the Evaluation scale detailed below in Table 4.1.2-2.

Table 4.1.2-2. Evaluation Scale.

Outstanding

(100% of Maximum Score for a

Performance Area)

Response indicates an exceptional approach and understanding of the requirements

and contains multiple strengths.

Good


Performance Area)

Response indicates a thorough approach and understanding of the requirements and

contains at least one strength.

Acceptable


Performance Area)

Response indicates an adequate approach and understanding of the requirements.

Unacceptable


Performance Area)

Response does not meet requirements of the RFP, and thus, contains one or more

deficiencies.


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4.1.3 Combined Evaluation Score

Combined Evaluation Scores for each proposal will then be calculated using following formula:

These Combined Evaluation Scores for each proposal are used to determine the proposals which

represent Best Value to the Government. Hence, it is possible that an award for any given item

may not go to the Proposer with the lowest price if, in the judgement of the Government, higher-

priced Proposers offer the best overall value to the Government.

4.2 Round 2: Best and Final Offer Evaluation

Upon analysis of all first round submissions, the Bid Board may request a Best and Final Offer

from Proposers to allow them the opportunity to submit their last and most attractive pricing. The

timeline for Best and Final Offer submission will be posted on ASG’s webpage and communicated

directly to all first-round Proposers

4.3 Selection

The pricing received in the Best and Final Offer will be re-evaluated to find an optimal scenario

that meets the objectives of the RFP. The Bid Board will examine all proposals submitted before

making an award.

4.4 Award

Upon adjudication of the award(s) by the Bid Board, the Secretary of the Board will notify all

Proposers. The notification of the award of the bid will not constitute the formal agreement

between the parties. It will be necessary to execute the corresponding contract.

a. Commitment by Award: No Proposer is authorized to deliver merchandise or offer services

without a contract being awarded, therefore, no Government Agency or Instrumentality will

guarantee payment without a contract. After the contract is executed, the Government can place

purchase orders for merchandise or services.

Upon award issuance, the selected Proposer(s) must procure the guarantees required under the

General Terms and Conditions of the Contract, meet all the requirements set forth in those General

Terms and Conditions, and provide proof of such guarantees to ASG to establish the contract. If

the selected Proposer refuses to enter into such contract or does not sign said contract within the

time specified in the Notice of Award or specified by the Procurement Contracts Unit of ASG, and

has not submitted reasonable prior justification, the Proposer shall not be considered to have

entered into a contract with ASG. In such a situation, ASG’s Administrator may apply the

provisions of Article 76 of Regulation 5 (3380) "Auction Rules".

5.0 Other Terms & Conditions

5.1 Review board period

Any party adversely affected by a final decision or adjudication of the Bid Board may file a

Request for Review with the Puerto Rico Procurement Review Board within twenty (20) calendar

days after the date on which notice of the adjudication is mailed.

Combined Evaluation Score = Pricing Evaluation Score + Technical Evaluation


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If a Request for Review is filed, the Procurement Board shall deliver a copy of the RFP’s

administrative file to the Puerto Rico Procurement Review Board within 5 days after receipt of the

notice of review.

On the same day that the Notice of Reconsideration is filed, the party requesting review shall notify

the Bid Board and all proposers and interested parties according to the requirements approved

under Chapter VIII of the Puerto Rico General Services Reorganization Plan, Num. 3, 2011.

5.2 Rejection of Proposals; Cancellation of RFP

Issuance of this RFP does not constitute a commitment to award a contract. ASG reserves the right

to accept or reject, in whole or part and without further explanation, any or all proposals submitted

and/or cancel this RFP and reissue it or another version of it, if ASG deems that doing so is in the

best interest of the Government.

Additionally, the Government reserves the right to make investigations as it deems necessary as to

the qualifications or perceived conflicts of interest of any and all Proposers submitting proposals

in response to this RFP. Any appearance of a conflict of interest shall constitute sufficient cause

for the outright rejection of a proposal(s). In the event that any or all proposals are rejected, the

Government reserves the right to re-solicit proposals.

5.3 Waiver Informalities

The Government reserves the right to waive any minor format non-compliance and/or informalities

of the submitted proposals if doing so is in the best interest of the government.

5.4 Errors and Omissions in Proposal

ASG reserves the right to reject a proposal that contains a substantial error or omission. ASG also

reserves the right to request correction of any errors or omissions and/or to request any clarification

or additional information from any Proposer, without opening up clarifications for all Proposers.

5.5 Cost of Preparing Proposal

All costs associated with the response to this proposal are the sole responsibility of the Proposer.

5.6 Prohibited Communications

Communications with other representatives of the Government regarding any matter related to the

contents of this RFP are prohibited during the submission and selection processes. Failure to

comply with these communications restrictions may result in rejection of the proposal. Proposers

should rely only on representations, statements, or explanations contained in this RFP, in

documents that ASG provides to Proposers and in any formal written addenda as may be issued

by ASG at any time during this RFP process.

5.7 Public Announcements

Any information or public announcement related to this RFP will be made by ASG through its

website (www.asg.pr.gov/ReformaCompras/Pages/default.aspx). Any information or other

public announcements related to this RFP shall not be made by any party, including Proposers,

without the prior written approval of ASG.



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5.8 Deposit and Guarantees

Performance Bond: : This deposit, payable after award notification, will be backed by the

Proposer and serves to assure the Government that the Proposer will fulfill its obligations

according to the terms and conditions of the contract arising from this RFP. This guarantee must

be original. For this RFP, a performance bond of fifteen percent (15%) of the Proposer’s

adjudicated value is required.

6.0 Proposer’s Certifications

By the act of submitting a proposal, the person signing on behalf of the Proposer certifies, under

the penalty of perjury, that to the best of the Proposer's and such person's knowledge and belief:

The Pricing and Technical Approach in the proposal have been arrived at independently without

collusion, consultation, communication, or agreement, for the purpose of restricting competition

as to any matter relating to such Pricing and Technical Approach with any other Proposer or with

any other competitor who is not a Proposer.

Unless otherwise required by law, the Pricing and Technical Approach that have been proposed

have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the

Proposer prior to the proposal submission deadline, directly or indirectly, to any other Proposer or

to any other competitor who is not a Proposer.

No attempt has been made or will be made by the Proposer to induce any other person, partnership,

corporation, or Government Entity to submit or not submit a proposal for the purposes of affecting

competition.

The Proposer is not in arrears to the Government upon any debt or contract, has not defaulted upon

any obligation to the Government, and has not been declared "not responsible" or been disqualified

to do business by the Government, any other State in the Union or the federal government, nor is

there any proceeding pending relating to the responsibility or qualification of the Proposer to

receive public contracts.

The Proposer is aware of, and agrees to abide by, all the terms and conditions of this RFP.

7.0 Confidentiality of Responses & Proprietary Information

Upon completion of this RFP process and after the award has been announced, ASG will make

public its report regarding the selection process, which shall contain specific information included

in the proposal and related to the process. ASG will not divulge information designated by the

Proposer in the proposal as confidential, proprietary or privileged because it is related to trade

secrets, pricing, and proprietary or privileged information. All information considered by the

Proposer as confidential, proprietary and privileged needs to be designated as such in the proposal.

ASG may reject proposals containing substantial contents marked as confidential, proprietary or

privileged. Provision of any information marked as confidential or proprietary shall not prevent

ASG from disclosing such information if required by law. The ultimately awarded contract(s) and

all prices set forth therein shall not be considered confidential or proprietary, and such information

may be made publicly available.


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7.1 Redacted Copy

All Proposers are required to submit a redacted copy of their proposal that excludes all confidential

information not to be public. ASG reserves the right to make public the redacted copies of the

proposals at the conclusion of the RFP process. If a Proposer does not submit a redacted copy,

ASG will assume that the original copy of the proposal can be made public.

Hence, the un-redacted copy of the proposal should identify all confidential information and the

redacted copy of the proposal should exclude all confidential information not to be public as

outlined in section 7.0 of this document. Any information not identified as confidential in the un-

redacted proposal will be deemed as not confidential.

7.2 Ownership of Submitted Proposal

All materials submitted in response to this RFP shall become the property of ASG. Selection or

rejection of a proposal does not affect this provision.

8.0 General Terms and Conditions

8.1 Distribution

The proposed prices include freight and handling expenses until the final delivery of the items,

designated by the requesting instrumentality, with no separate invoice line-item for shipping cost.

8.2 Quoted Prices

The prices offered will remain fixed during the term of the contract that is granted, but may be

subject to changes that must be validated by a price validation by ASG.

The price validation on changes and / or price increases will be the result of the review of ASG

and the selected proponent of the following: market particularities, cost structure evaluation and

verification of the specific increase of the products/raw materials (evidence of increase in

manufacturing will be required) that can reach a maximum of 15% in price variation.

The selected bidder must notify ASG in writing of any written price review process.

8.3 Storage

Neither the Government, its entities or ASG will not be responsible for any cost associated with

storage of inventory that is stored by the awarded suppliers in order to comply with the

requirements of this RFP or subsequent contractual obligations.

8.4 Purchase Quantity

A contract resulting from this RFP does not guarantee any number of purchases on the goods under

such contract. The purchase order will indicate exact quantities.

8.5 Invoicing

Any invoice submitted to the Government must contain the following certification:

“Under penalty of absolute nullity, I certify that no public servant of the government entity is a

party or has any interest in the profits or benefits of the contract or purchase order of this invoice;

if the public servant is a party or has interest in the profits or benefits of the contract, the servant


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has mediated a prior exemption. The only consideration for supplying the goods or services of the

contract has been the payment agreed with the authorized representative of the government entity

that issues the purchase order. The amount of this invoice is fair and correct. The work has been

completed, the products have been delivered and the services provided, and they have not been

paid for.”

8.6 Payments

The instrumentalities will process the payment in accordance with the provisions of Circular Letter

1300-02-10 of the Department of the Treasury that states: "It shall be the responsibility of the

agencies to require the supplier to deliver the invoices in no more than ten (10) days after the end

of the period or date of delivery of the good or service."

8.7 Breach

If the Proposer fails to accept or fulfill a purchase order, a service order, a notice to proceed, or a

change order that is issued, or if the Proposer fails to comply with any of the specifications, terms,

and conditions once a contract is signed, ASG will cancel the contract immediately, execute the

performance bond and may exclude the Vendor from the RUL for no less than one (1) year and no

more than three (3) years, as stipulated in Regulation 8182 "Regulation of the Registro Único de

Licitadores (RUL) of the Government of Puerto Rico". In addition, ASG reserve the right to apply

any other sanctions as provided by existing regulations or agreed to in the contract.

The measures taken in case of non-compliance shall be imposed only by ASG after investigating

facts, communicating non-compliant status to the Vendor, and giving the Vendor an opportunity

to be heard.

8.8 Code of Ethics

Every Vendor and their employees must observe the highest principles of excellence, integrity,

and honesty, both in relation to competitors and the Government of Puerto Rico. The

Anticorruption Code is available at:

http://www2.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/Corrupci%C3%B3n/2-2018.pdf

8.9 Anti-Discrimination Clause

ASG does not discriminate because of race, color, gender, origin or social status, political or

religious beliefs, age, national origin, for being a victim or being perceived as a victim of domestic

violence or sexual harassment, veteran status, identity or sexual orientation (real or perceived),

physical, mental or sensory impairment.

9.0 Local Preference

In accordance with Article 34 of the Puerto Rico General Services Administration Reorganization

Plan Num. 3, 2011, The Administration shall condition the approval and validation of any purchase

order, public bid, acquisition of goods or nonprofessional services to compliance with the

preferential acquisition policy set forth in Act 14-2004, as amended, known as the “Investment in

Puerto Rican Industry Act,” Act 129-2005, as amended, known as the “Government of the

Commonwealth of Puerto Rico Procurement Reserve Act,” and Act 253-2006, and compliance

with those measures that ensure compliance with such policy.

http://www2.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/Corrupci%C3%B3n/2-2018.pdf


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10.0 FOMB Contract Review

All contracts resulting from this RFP are subject to review by the FOMB in accordance with

FOMB contract review policy and related amendments. Please refer to the FOMB Contract

Review Policies available at https://juntasupervision.pr.gov/documents/

https://juntasupervision.pr.gov/documents/


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11.0 Attachments (Cover Letter)