Invitation for Bid (IFB) DOCUMENTS
Contractor – Open Market
IFB# GA-040820
State of Georgia
Indefinite Quantity Construction Contract
February 2020
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area A
North Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area A
General Construction / 4:30 PM CT
Northern $2,000,000 4 Years
GA-A01-040820 04/08/2020
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A02-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A03-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A04-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A05-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A06-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A07-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A08-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A09-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area B
East Central Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area B
General Construction / 4:30 PM CT
East Central $2,000,000 4 Years
GA-B01-040820 04/08/2020
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B02-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B03-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B04-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B05-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B06-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B07-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B08-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B09-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area C
Southwest Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area C
General Construction / 4:30 PM CT
Southwest $2,000,000 4 Years
GA-C01-040820 04/08/2020
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C02-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C03-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C04-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C05-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C06-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C07-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C08-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C09-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area D
Southeast Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area D
General Construction / 4:30 PM CT
Southeast $2,000,000 4 Years
GA-D01-040820 04/08/2020
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D02-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D03-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D04-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D05-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D06-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D07-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D08-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D09-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Statewide Contracts
(Bidders who respond and win an award in all four geographical areas will be eligible for a Statewide
Contract.)
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
General Construction / 4:30 PM CT
Statewide $2,000,000 4 Years
GA-ST01-040820 04/08/2020
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST02-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST03-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST04-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST05-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST06-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST07-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST08-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST09-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST10-040820
See Section Three (3) for Map and list of geographical areas.
Bids for all contracts covered by this solicitation are due by
4:30 PM CT on April 8, 2020
Sourcewell (formerly known as the National Joint Powers Alliance or NJPA), issues this Invitation for
Bid (IFB) to provide Indefinite Quantity Construction Contracting (IQCC) services to all Sourcewell
Members including government agencies, education agencies such as colleges and universities, and
non-profits agencies in the State of Georgia. Each contract will have an initial term of one year and
bilateral option provision for three additional one- year terms. The Estimated Annual Value per
contract is $2,000,000.00. One additional one-year renewal-extension may be offered by Sourcewell
to Vendor beyond the original four-year term if Sourcewell determines such action to be in the best
interests of Sourcewell and its Members.
This IFB consist of four Books:
Book 1: Project Information and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions
Book 3: Construction Task Catalog®
Book 4: Technical Specifications
IQCC is a contracting procurement system that provides facility owner’s access to contractors to provide
construction, repair and renovation services over an extended period of time.
Interested bidders are required to attend a pre-bid seminar that will be conducted for the purpose of
discussing the IQCC procurement system, the contract documents, and reviewing the Sourcewell
Procurement Portal system for responding to the IFB. Attendance at one of the below seminars is a
mandatory condition of bidding.
March 16, 2020 @ 9:00 AM ET March 16, 2020 @ 2:00 PM ET
Hampton Inn Gwinnett Technical College-Lawrenceville Campus
875 West 1st St. NW Building 100, Room 401 – Parking Lots A & B
Rome, GA 30161 5150 Sugarloaf Parkway
Lawrenceville, GA 30043
March 17, 2020 @ 2:00 PM ET March 18, 2020 @ 9:00 AM ET
Courtyard Augusta Courtyard Macon
1045 Stevens Creek Road 3990 Sheraton Drive
Augusta, GA 30907 Macon, GA 31210
March 18, 2020 @ 2:00 PM ET March 19, 2020 @ 9:00 AM ET
Hampton Inn – Columbus North Courtyard by Marriott
7390 Bear Lane 3019 Kensington Court
Columbus, GA 31909 Albany, GA 31721
March 19, 2020 @ 2:00 PM ET March 20, 2020 @ 9:00 AM ET
Hampton Inn - Valdosta Conference Center Hilton Garden Inn - Airport
2 Meeting Place Drive 80 Clyde E. Martin Drive
Valdosta, GA 31601 Savannah, GA 31408
Interested bidders can pre-register for the pre-bid seminar by visiting the Sourcewell Procurement
Portal at https://proportal.sourcewell-mn.gov.
An electronic copy of the IFB Documents, including the instructions for submitting a bid, may be
obtained by visiting the Sourcewell Procurement Portal at https://proportal.sourcewell-mn.gov and
selecting the desired solicitation from the open solicitations list. All Bidders must have a Sourcewell
Procurement Portal account and be registered as a Plan Taker for this Bid opportunity, which will enable
the Bidder to download the Bid Documents, to receive email notifications of the issuance of addenda, to
download all documents, and to submit a bid online.
Bids are due no later than 4:30 p.m. Central Time on April 8, 2020. Late bids will be rejected.
Questions related to this bid must be submitted through the Sourcewell Procurement Portal only by
clicking on the “Submit a Question” button for this specific bid opportunity.
BOOK 1
Project Information, and Instructions to Bidders
IFB# GA-040820
State of Georgia
Indefinite Quantity Construction Contract
February 2020
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Table of Contents
SECTION ONE - PROJECT INFORMATION ...................................................................................................... 1
1. DEFINITIONS ...................................................................................................................................... 1
2. ABOUT SOURCEWELL ........................................................................................................................ 2
3. DEFINED GOALS OF THE IFB .............................................................................................................. 3
4. IQCC OVERVIEW ................................................................................................................................ 3
5. GEOGRAPHIC AREAS .......................................................................................................................... 5
6. THE IFB DOCUMENTS ........................................................................................................................ 5
7. QUALIFICATION OF BIDDERS ............................................................................................................. 5
8. AWARD .............................................................................................................................................. 6
9. ASSIGNMENT OF WORK .................................................................................................................... 7
10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS ......................... 8
SECTION TWO – INSTRUCTIONS TO BIDDERS ............................................................................................... 9
1. GENERAL INFORMATION ................................................................................................................... 9
2. SOLICITATION OF IFB ......................................................................................................................... 9
3. ADVERTISING OF SOLICITATION ........................................................................................................ 9
4. QUESTIONS ...................................................................................................................................... 10
5. PRE-BID SEMINAR ............................................................................................................................ 10
6. ADDENDA TO THE IFB DOCUMENTS ............................................................................................... 10
7. BID SUBMISSION PROCESS .............................................................................................................. 10
8. BID TRANSMITTAL ........................................................................................................................... 11
9. CONTRACTOR’S MANAGEMENT PLAN ............................................................................................ 12
10. BID PRICING ..................................................................................................................................... 12
11. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID ............................................................... 13
12. BIDDERS RESPONSIVENESS AND RESPONSIBILITY ........................................................................... 14
13. CERTIFICATION ................................................................................................................................ 14
14. PROTESTS......................................................................................................................................... 14
15. PUBLIC RECORD ............................................................................................................................... 15
16. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS .................................................. 15
17. MARKETING REQUIREMENT ............................................................................................................ 15
18. MEMBER SIGN-UP PROCEEDURE .................................................................................................... 16
19. FEES ................................................................................................................................................. 16
20. TAXES ............................................................................................................................................... 17
21. PHYSICAL PRESENCE ........................................................................................................................ 17
SECTION THREE – GEOGRAPHIC MAP OF SOURCEWELL CONTRACT AREA ................................................ 18
SECTION FOUR – SAMPLE INDEFINITE QUANTITY CONSTRUCTION CONTRACT......................................... 22
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SECTION ONE - PROJECT INFORMATION
1. DEFINITIONS
1.1. Sourcewell: Sourcewell, formerly known as the National Joint Powers Alliance or NJPA, is a local
government unit and public agency of the State of Minnesota pursuant to the Minnesota
Constitution and enabling law Minnesota Statutes Section 123A.21. It has the authority to
develop and offer, among other services, cooperative purchasing and joint purchasing services
to its membership. Eligible membership and participation include states, cities, counties, all
government agencies, both public and non-public educational agencies, colleges, universities,
and certain non-profit organizations.
1.2. Joint Exercise of Powers: Sourcewell cooperatively shares those contracts with its Members
nationwide through various joint exercise of powers laws established in Minnesota and
applicable laws in other states. The Minnesota joint exercise of powers law, Minnesota Statutes
Section 471.59, states “Two or more governmental units . . . may jointly or cooperatively
exercise any power common to the contracting parties ....” Similar joint exercise of powers laws
may exist within each state of the United States. The Minnesota law allows Sourcewell to serve
Member agencies located in all other states. Municipal agencies nationally have the ability to
participate in cooperative purchasing activities as a result of specific laws of their own state.
These laws can be found on the website at www.sourcewell-mn.gov/compliance-legal.
1.3. Sourcewell Members:
1.3.1. Potential Sourcewell Members: A Potential Sourcewell Member is defined as any public
or private educational entity, including colleges and universities, school districts or
boards, and any governmental unit including a city, county, town, political subdivision of
Minnesota or another state, and any agency of the State of Minnesota or the United
States, any instrumentality of a governmental unit, and certain non-profits (Minnesota
Statutes Section 471.59, subdivision 1). Membership in Sourcewell is required to
participate in any Sourcewell Contract. Any current or potential Member of Sourcewell
that is in compliance with the terms and conditions of membership, has the option and
freedom to access any of the procurement contracts of Sourcewell.
1.3.2. Sourcewell Member: A Sourcewell Member is defined as an entity that has an executed
membership agreement with Sourcewell.
1.4. Purchase Order: Purchase Orders for construction and services may be executed between
Sourcewell or Sourcewell Members and the Contractor pursuant to this IFB and the resulting
contracts.
1.4.1. Governing Law: Purchase Orders, as identified above, will be construed in accordance
with, and governed by, the laws of a competent jurisdiction with respect to the Sourcewell
Member. Each and every provision of law and clause required by law to be included in the
Purchase Order will be read and enforced as though it were a part of the contract. In the
event a legally required provision is not included, parties may amend the Contract to make
such inclusion or correction. The venue for any litigation arising out of disputes related to
Purchase Order(s) will be a court of competent jurisdiction to the Sourcewell Member issuing
the Purchase Order.
February 2020 Book 1 - Section One –– Project Information 1
1.4.2. Additional Terms and Conditions: Additional terms and conditions to a Purchase Order
may be proposed by Sourcewell, Sourcewell Members, or Contractors. Acceptance of
these additional terms and conditions must be agreed to by the parties to the Purchase
Order. The purpose of these additional terms and conditions is to, among other things,
formally introduce job or industry specific requirements of law such as prevailing wage
legislation. Additional terms and conditions can include specific policy requirements and
standard business practices of the issuing Sourcewell Member.
1.5. Adjustment Factors: Adjustment Factors are the Contractor's competitively proposed price
adjustments to the Unit Prices as published in the Construction Task Catalog, Book 3.
Adjustment Factors are expressed as an increase or decrease from the published Unit Prices.
1.6. Construction Task Catalog (CTC): A comprehensive listing of specific construction related Tasks,
together with a specific unit of measurement and a Unit Price.
1.7. Contract: The written contract between the Contractor and Sourcewell covering the eligible
Work that can be performed; and other Contract Documents incorporated in or referenced in
the Contract and made part thereof as if provided therein.
2. ABOUT SOURCEWELL
2.1. Sourcewell is a local government unit and public agency pursuant to the Minnesota Constitution
and enabling law Minnesota Statutes Section 123A.21 with the authority to develop and offer,
among other services, cooperative and joint purchasing services to its membership. Eligible
membership and participation include states, cities, counties, all government agencies, both
public and non-public educational agencies, colleges, universities, and certain non-profit
organizations.
2.2. Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a
competitive solicitation and construction contracting process jointly and on behalf of the needs
of itself and the needs of current and potential member agencies. This process results in
construction contracts with various vendors of products, equipment, and services which
Sourcewell Member agencies desire to procure. These contracts are created in compliance with
applicable Minnesota laws. A complete listing of Sourcewell cooperative procurement contracts
can be found at www.sourcewell-mn.gov/cooperative-purchasing/contracts-vendor-search.
2.3. Sourcewell is governed by a Board of Directors made up of publicly elected officials and it
authorizes all solicitations.
2.3.1. Subject to Approval of the Sourcewell Chief Procurement Officer as Ratified by the
Board of Directors: Sourcewell contracts are awarded by the action of the Sourcewell
Chief Procurement Officer and ratified by the Board of Directors. This action is based on
the open and competitive solicitation process facilitated by Sourcewell. The evaluation
and resulting recommendation is presented to the Chief Procurement Officer by the
Sourcewell Bid Review Committee and ratified by the Board of Directors.
2.4. Sourcewell currently serves over 50,000 members. Both membership and utilization of
Sourcewell contracts continue to expand, due in part to the increasing acceptance of
cooperative and joint purchasing throughout the government and education communities
nationally.
February 2020 Book 1 - Section One –– Project Information 2
3. DEFINED GOALS OF THE IFB
3.1. The goal of this IFB is to establish a group of indefinite quantity construction contracts (IQCC)
that Sourcewell and Sourcewell Members may access to complete repair, maintenance and
minor new construction Projects at competitively solicited prices. The Contractors will perform
an ongoing series of individual Projects for Sourcewell Members at different locations primarily
within the designated Geographic Area.
3.2. A benefit to the bidder is that one bid package may be prepared to compete on multiple
contract opportunities. The resulting awarded contracts will be available to Sourcewell
members that are comprised of government, education, and non-profit entities throughout the
geographic area. Contracts awarded through Sourcewell ensure fair and open competition to
help members in their procurement process; however, Sourcewell members are responsible to
ensure that their applicable laws are satisfied. Post contract award, members may issue
Purchase Orders to the contractor without the necessity of preparing their own IFB. This saves
Sourcewell members time and allows for more economical and efficient purchasing.
4. IQCC OVERVIEW
4.1. IQCC is a competitively solicited indefinite quantity construction contract awarded to
Contractors to accomplish the repair, alteration, modernization, rehabilitation, and minor new
construction of infrastructure, buildings, structures, or other real property. The Estimated
Annual Value is based on the anticipated estimated annual use and the contract term is one
year with bilateral option terms. The IFB Documents include a Construction Task Catalog (CTC)
containing repair and construction Tasks with preset Unit Prices. All Unit Prices are based on
local labor, material and equipment prices for the direct cost of construction. Once contracts are
awarded, Sourcewell Members will order Work from the CTC by issuing a Purchase Order against
the contract.
4.2. Bidders will offer price adjustments (Adjustment Factors) to be applied to the CTC Unit
Prices. The Adjustment Factors represent either an increase to (such as 1.1000) or a decrease
from (such as 0.9800) the preset Unit Prices. The amount to be paid for the Work ordered
will be determined by: multiplying the preset Unit Prices by the appropriate quantities and by
the appropriate Adjustment Factor. The CTC and the Contractor's Adjustment Factors will be
incorporated into the awarded contract.
4.3. Under IQCC, the Contractor furnishes management, labor, materials, equipment and incidental
design support needed to perform the Work.
4.4. As Projects are identified, the Contractor will jointly scope the Work with the Sourcewell
Member. The Sourcewell Member will prepare a Detailed Scope of Work and issue a Request for
Proposals to the Contractor. The Contractor will then prepare a Proposal Package for the Project
including a Price Proposal, Schedule, list of identified subcontractors, and other requested
documentation such as cut sheets for materials. If the Proposal Package is found to be
reasonable, the Sourcewell Member will issue a Purchase Order. The Purchase Order will
reference the Detailed Scope of Work and set forth the Purchase Order Completion Time, and
the Purchase Order Price. The Contractor must perform the Detailed Scope of Work within the
Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits, and
deletions will be contained in Supplemental Purchase Orders calculated in the same manner.
February 2020 Book 1 - Section One –– Project Information 3
4.5. Sourcewell, through a formal selection process, awarded a professional service agreement to
The Gordian Group (Gordian) for its IQCC program. The system includes Gordian’s proprietary
ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications), and construction cost data
(Construction Task Catalog), which will be used by the Contractor to prepare and submit Price
Proposals, subcontractor lists, and other requirements specified by Sourcewell and Sourcewell
Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC Applications and
Construction Task Catalog and other proprietary materials provided by Gordian for any purpose
other than to execute work under this Contract for Sourcewell and Sourcewell Members is
strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees
to abide by the terms of the following Gordian IQCC System License:
IQCC System License
Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for
the term of this Contract or Gordian’s contract with Sourcewell, whichever is shorter, a non-
exclusive right, privilege, and license to Gordian’s proprietary IQCC System and related
proprietary materials (collectively referred to as “Proprietary Information”) to be used for the
sole purpose of executing Contractor’s responsibilities to Sourcewell and Sourcewell Members
under this Contract (“Limited Purpose”). The Contractor hereby agrees that Proprietary
Information will include, but is not limited to Gordian‘s IQCC Applications and support
documentation, Construction Task Catalog, training materials, marketing materials and any
other proprietary materials provided to Contractor by Gordian. In the event this Contract
expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires or
terminates, this IQCC System License will terminate and the Contractor will return all Proprietary
Information in its possession to Gordian.
Contractor acknowledges that Gordian will retain exclusive ownership of all proprietary rights to
the Proprietary Information, including all U.S. and international intellectual property and other
rights such as patents, trademarks, copyrights and trade secrets. Contractor will have no right or
interest in any portion of the Proprietary Information except the right to use the Proprietary
Information for the Limited Purpose set forth herein. Except in furtherance of the Limited
Purpose, Contractor must not distribute, disclose, copy, reproduce, display, publish, transmit,
assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in
electronic form), any portion of the Proprietary Information.
Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and
other proprietary rights of Gordian in the Proprietary Information during and after the term of
this Contract , and must at all times maintain complete confidentiality with regard to the
Proprietary Information provided to Contractor, subject to federal, state and local laws related
to public disclosure. Contractor further acknowledges that a breach of any of the terms of this
Contract by Contractor will result in irreparable harm to Gordian for which monetary damages
would be an inadequate remedy, and Gordian will be entitled to injunctive relief (without the
necessity of posting a bond) as well as all other monetary remedies available at law or in equity.
In the event that it becomes necessary for either party to this IQCC System License to enforce
the provisions of this Contract or to obtain redress for the breach or violation of any of its
provisions, whether by litigation, arbitration or other proceedings, the prevailing party will be
entitled to recover from the other party all costs and expenses associated with such
proceedings, including reasonable attorney’s fees.
February 2020 Book 1 - Section One –– Project Information 4
In the event of a conflict in terms and conditions between this IQCC System License and any
other terms and conditions of this Contract or any Order, Purchase Order or similar purchasing
document (Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System
License will take precedence.
4.6. The Sourcewell Member (or the Sourcewell Member Designated Representative), with the
assistance of Gordian, will identify Projects and develop a draft scope of the work. The
Contractor and Gordian will then assist the Sourcewell Member in developing a final scope of
work. The Sourcewell Member will then issue a Detailed Scope of Work and a Request for
Proposals to the Contractor. The Contractor will then utilize Gordian’s IQCC System to prepare a
Price Proposal for the Purchase Order including a Schedule, list of identified subcontractors, and
other requested documentation such as cut sheets for materials. Gordian will assist the
Sourcewell Member with Price Proposal review, and if the Price Proposal is found to be
reasonable, the Sourcewell Member will issue a Purchase Order to Contractor. The Purchase
Order will reference the Detailed Scope of Work and set forth the Purchase Order Completion
Time, and the Purchase Order Price. The Contractor will perform the Detailed Scope of Work
within the Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits,
and deletions will be contained in Supplemental Purchase Orders calculated in the same
manner.
4.7. The Contractor must, within two (2) business days of receipt of a Purchase Order from a
Sourcewell Member, provide notification to Sourcewell of each Purchase Order by forwarding a
copy of the Purchase Order via email to PO@ezIQC.com or via facsimile to (864) 233-9100.
4.8. The Contractor must, within two (2) business days of sending an Invoice to a Sourcewell
Member, provide notification to Sourcewell of each Invoice by forwarding a copy of the Invoice
via email to Invoice@ezIQC.com or via facsimile to (864) 233-9100.
5. GEOGRAPHIC AREAS
5.1. Sourcewell solicits bids for the Geographic Area as shown on Section Three. This solicitation is
for the Geographic Area(s) as specified in this IFB. Sourcewell uses the Geographical Area for
bidding purposes. Contractors may perform work for Sourcewell Members located outside the
defined Geographical Area upon award.
6. THE IFB DOCUMENTS
6.1. The IFB Documents consist of four Books:
Book 1: Project Information, and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions
Book 3: Construction Task Catalog
Book 4: Technical Specifications
7. QUALIFICATION OF BIDDERS
7.1. Only bids from firms normally engaged in performing the type of work specified within the IFB
Documents will be considered. Bidder must have adequate organization, facilities, equipment,
and personnel to ensure prompt and efficient service to a Sourcewell Member (as solely
determined by Sourcewell).
February 2020 Book 1 - Section One –– Project Information 5
7.2. In determining a Bidder's responsibility and ability to perform the Contract, Sourcewell has the
right to investigate and request information concerning the financial condition, experience
record, personnel, equipment, facilities, principal business location and organization of the
Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of
the Bidder.
7.3. Bidder must have a fully functioning office within the Geographical Area it is bidding.
8. AWARD
8.1. Contract Awards will be made by the Sourcewell Chief Procurement Officer and ratified by the
Board of Director based on the recommendation of the Sourcewell Bid Evaluation Committee
jointly and on behalf of its current and future Sourcewell Members.
8.2. It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible
Bidder(s) based on the Combined Adjustment Factor as shown on the Bid, provided however, no
Bidder will be awarded more than one Contract. In the event a Bidder submits the lowest bid on
more than one Solicitation, Sourcewell may determine which Contract will be awarded to which
Bidder based on the combination of bids resulting in the lowest overall cost to the Sourcewell
Members. Sourcewell will have the right to waive any informality or irregularity in any Bidder’s
Response received and to accept the Bidder’s Response(s), which in its judgment, is (are) in the
best interests of Sourcewell and Sourcewell Members. Sourcewell reserves the right to reject all
Bid Responses and advertise again if, in Sourcewell’s opinion, the received bids do not meet or
exceed the minimum needs and expectations of the Sourcewell current and qualifying
members. Sourcewell reserves the right to award additional Contracts from this solicitation for a
period of 180 Days (or longer, if mutually agreeable to both the Bidder and Sourcewell).
8.3. Bidders who respond in all four geographical areas will be eligible for Statewide Contract
Awards. The ranking of Bidders eligible for Statewide Awards will be determined by averaging
the bidder’s combined adjustment factor across all four geographical areas. Statewide Contract
Awardees will not be awarded individual contracts within the areas submitted, however
awarded Statewide Awarded contractors will be allowed to conduct work across all four
geographical areas using the corresponding adjustment factors submitted for each geographical
area.
8.4. Additionally, the Bidder is required to submit a Management Plan, see Article 9, Section Two
Instructions to Bidders. The Bidder’s Management Plan will provide Sourcewell information to
gauge the responsibility of the Bidder.
8.5. A Bidder will not be awarded more than one same scope Contract within any Geographic Area.
8.6. Competitive Range Determination - if a wide margin is found in the Adjustment Factors
submitted in response to the solicitation; being too high or too low, then the Sourcewell Bid
Evaluation Committee may establish a Competitive Range for the solicitation. If it is determined
that a Bidder’s Combined Adjustment Factor is too far outside the Competitive Range then the
Bidder can be removed from consideration. The Bidder shall be notified that they were
determined to be outside the Competitive Range after award of the contracts.
8.7. Unbalancing of Bids – A Bid may be removed from consideration if it is determined that the
Bidder has mathematically unbalanced their Bid to gain a competitive advantage. The Bid will be
considered to be unbalanced if any Adjustment Factor is found to not cover the contractor’s
reasonable actual cost. Those costs would include a reasonable prorated share of their
February 2020 Book 1 - Section One –– Project Information 6
anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the
performance of the work as determined by the Sourcewell Bid Review Committee.
8.8. The Other Than Normal Working Hours Adjustment factors (non-secured and secured) must be
equal to or greater than the corresponding Normal Working Hours Adjustment Factors (non-
secured and secured).
8.9. The Non Pre-priced adjustment Factor without Administrative Fees must be between 1.0500
and 1.2000.
9. ASSIGNMENT OF WORK
9.1. The assignment of the Work is at the sole discretion of the Sourcewell Member. The
Contractor's Adjustment Factors, performance history, and ability to perform the Work will be
considered in determining the distribution of the Work.
9.2. BidSafe: Sourcewell may issue a Request for Quotation (RFQ) to two or more Contractors for a
Work Order. Selection of the Contractor and award of the Work Order will be in compliance
with established Sourcewell procedures.
9.3. Sourcewell reserves the right to utilize Bid Safe on a Work Order by Work Order basis.
9.4. Sourcewell will consider several factors when determining the applicability of Bid Safe to a Work
Order including, but not limited to, the following:
9.4.1. Estimated Work Order Amount;
9.4.2. Scope documentation, including but not limited A/E design;
9.4.3. Nature and complexity of the Work;
9.4.4. Contractors’ abilities to self-perform the Work;
9.4.5. Contractors’ proven capabilities on similar Work;
9.4.6. Schedule; and;
9.4.7. Other appropriate criteria as deemed in the best interest of the Sourcewell Member.
9.5. The Detailed Scope of Work will be developed by the Sourcewell Member personnel and
included with the RFQ.
9.6. Sourcewell may conduct one or more site visits with all contractors designated to Receive the
RFQ.
9.7. All contractors that receive the RFQ will have the opportunity to submit requests for
information. Should Sourcewell choose to respond to any or all of the requests for information,
the responses, and any changes to the RFQ, will be provided in an addendum to all contractors
designated to receive the RFQ.
9.8. The Contractor will utilize the Bid Safe application in the eGordian software to provide a Not to
Exceed Offer (NTE Offer), along with any additional requested documentation, in response to
the RFQ.
9.9. Sourcewell will issue a Request for Proposal to the Contractor submitting the NTE Offer that
provides the best value to the Sourcewell Member based on, but not limited to, price and any
technical factors considered.
9.10. The NTE Offer is valid for 120 Days from the date of opening unless stated otherwise in the
Detailed Scope of Work.
9.11. The Contractor that receives a Request for Proposal will submit a Price Proposal to Sourcewell.
Provided that any necessary Price Proposal modifications are completed in a timely and
thorough manner, Sourcewell will deliver a Work Order Proposal Package for the Sourcewell
Member's consideration.
February 2020 Book 1 - Section One –– Project Information 7
9.12. The Work Order Amount shall be equal to the lessor of the NTE Offer and the Price Proposal
amount.
9.13. Where the NTE Offer is less than the Price Proposal, the difference between the NTE Offer and
Price Proposal shall be deemed a discount offered by the Contractor. The discount amount shall
be a percent-based discount that will be calculated by the following equation:
9.13.1. Percent Discount = (Price Proposal Amount – NTE Offer) ÷ Price Proposal Amount The
discount shall be applied to subsequent Work Orders (additions or deletions) required to
complete the Work, provided the Work Order contains materials, equipment and tasks
that are similar in nature to the original Detailed Scope of Work.
9.14. If Sourcewell exercises its right to award a Work Order utilizing Bid Safe, collaboration between
Contractors is specifically prohibited. Contractor collaboration undermines competition, and
evidence of such will be considered a material breach of this Contract and grounds for
termination for cause.
10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS
10.1. The order of precedents of the Contract Documents shall be as follows:
• Purchase Order which may include Plans, Drawings and supplemental Technical
Specifications
• Standard Specifications of the Sourcewell Member, the city, state or federal
government, if any
• Sourcewell Contract
• Addenda to this IFB, if any
• Book 2 – IQCC Standard Terms and Conditions
• Book 2 – General Terms and Conditions
• Book 3 – Construction Task Catalog
• Book 4 – Technical Specifications
• Book 1 – Instruction to bidders
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February 2020 Book 1 - Section One –– Project Information 8
SECTION TWO – INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
1.1. The following instructions are given for the purpose of guiding Bidders in properly preparing
their bids. Such instructions are part of the IFB Documents, and strict compliance is required
with all the provisions contained in the instructions.
1.2. Examination of IFB Documents
1.2.1. It is the responsibility of each Bidder before submitting a Bid, to:
1.2.1.1. Examine the IFB Documents thoroughly,
1.2.1.2. Take into account federal, state and local laws, regulations, ordinances, and
applicable procurement codes that may affect costs, progress, performance, and
furnishing of the Work, or award,
1.2.1.3. Study and carefully correlate Bidder’s observations with the IFB Documents, and
1.2.1.4. Carefully review the IFB Documents and notify Sourcewell of all conflicts, errors or
discrepancies in the IFB Documents of which Bidder knows or reasonably should
have known.
1.3. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder
has complied with the above requirements and that without exception, the Bid is premised
upon performing and furnishing the Work required by the IFB Documents and that the IFB
Documents are sufficient in scope and detail to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
1.4. Bidders should include all relevant information in its submittal. Sourcewell cannot consider
information that is not provided in the submittal. Sourcewell reserves the right to verify
Bidder’s information and may request clarification from a Bidder.
2. SOLICITATION OF IFB
2.1. Bids will be received in an electronical format only, through the Sourcewell Procurement Portal
at https://proportal.sourcewell-mn.gov , until the deadline for receipt stated in this IFB. Bids
will be for the provision of Indefinite Quantity Construction Contract services for both
Sourcewell and Sourcewell Members, and all government and education agencies to include
colleges and universities, and certain non-profit agencies.
2.2. Complete IFB Documents will be made available through the Sourcewell Procurement Portal
(https://proportal.sourcewell-mn.gov). Paper, oral, facsimile, telephone, or other electronic
submissions (other than through the Sourcewell Procurement Portal) are invalid and will not
receive consideration.
3. ADVERTISING OF SOLICITATION
3.1. As required by law, Sourcewell must advertise this solicitation. It will be posted on Sourcewell’s
website, and posted to other third party websites deemed appropriate by Sourcewell. This
advertisement is also submitted for posting at individual state levels.
February 2020 Book 1 - Section Two –– Instructions to Bidders 9
3.2. In addition, Sourcewell shall advertise in one or more publications distributed in the
geographic area, including, but not limited to, newspapers and other publications consistent
with state law regarding notice of this invitation for bid.
4. QUESTIONS
4.1. Questions related to this bid are to be submitted through the Sourcewell Procurement Portal
only by clicking on the “Submit a Question” button for this specific bid opportunity. All questions
must be submitted prior to April 1, 2020, at 4:30 PM Central Time. Sourcewell urges potential
bidders to communicate all concerns during the response period to avoid misunderstandings.
4.2. If question is deemed by Sourcewell to have a material impact on the IFB, the response to the
Question will become an Addendum to these IFB Documents.
5. PRE-BID SEMINAR
5.1. A Pre-bid seminar will be held at the places and times listed in this Invitation for Bid for the
purpose of discussing the IQCC procurement system, the IFB Documents, and reviewing the
Sourcewell Procurement Portal system for responding to the IFB. Attendance at one of the Pre-
Bid Seminar(s) is mandatory to be deemed responsive.
6. ADDENDA TO THE IFB DOCUMENTS
6.1. Addenda are written instruments issued by Sourcewell that modify or interpret these IFB
Documents. All Addenda issued by Sourcewell will become a part of the IFB Documents.
Addenda will be delivered to all potential bidders through the Sourcewell Procurement Portal.
Sourcewell accepts no liability in connection with the delivery of said materials. No Addenda
will be issued later than five (5) Days prior to the deadline for receipt of bids, except an
Addendum withdrawing the request for bids or one that includes postponement of the date of
receipt of bids.
6.2. Bidders must acknowledge receipt of any addenda when submitting their Bid through the
Sourcewell Procurement Portal by checking a box for each addendum and any applicable
attachment. It is the responsibility of the Bidder to have received all Addenda that are issued.
Bidders should check the Sourcewell Procurement Portal prior to submitting their Bid and up
until Bid closing time and date in the event additional addenda are issued. If a Bidder submits
its bid prior to the Bid closing time and date and an addendum is issued, the Bidding System
automatically WITHDRAWS the Bid submission and the bid status will change to an
INCOMPLETE STATUS. The Bidder can view this status change in the “MY BIDS” section of the
Bidder’s Sourcewell Procurement Portal Account. The Bidder is solely responsible to:
6.2.1. Make any required adjustments to their Bid; and
6.2.2. Acknowledge addenda; and
6.2.3. Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date.
7. BID SUBMISSION PROCESS
7.1. PREPARATION OF THE BID RESPONSE
February 2020 Book 1 - Section Two –– Instructions to Bidders 10
7.1.1. Bids will be submitted as follows:
7.1.1.1. All Bidders must have a Sourcewell Procurement Portal account and register as a
Plan Taker for this Bid opportunity. Registering as a Plan Taker will enable the
Bidder to download the Bid Documents, receive Addenda email notifications,
download all documents and submit the Bid electronically online.
7.1.1.2. ONLY ELECTRONIC BID SUBMISSIONS through the Sourcewell Procurement Portal
will accepted. Bidders are cautioned that the timing of their Bid submission is
based on when the Bid is RECEIVED by the Sourcewell Procurement Portal
system, and not when a Bid is submitted by a Bidder. Bid transmission can be
delayed due to file transfer size, transmission speed, etc. For those reasons, it is
recommended the Bidder allow sufficient time to upload their Bid Submission
and attachment(s) (if applicable) and to resolve any issues that may arise.
7.1.1.3. The closing time and date will be determined by the Sourcewell Procurement
Portal web clock.
7.1.2. The bid documents must be submitted with all required content as set out in the
Sourcewell Procurement Portal. Failure to properly complete or upload the required bid
documents may result in rejection of the bid and cause the bid to be deemed non-
responsive.
7.1.3. Mistakes may be corrected prior to bid due date through the Sourcewell Procurement
Portal. Corrections and/or modifications received after the closing time and date will
not be accepted. The Bidder is solely responsible to ensure the corrected or modified
bid has been received by the Sourcewell Procurement Portal system no later than the
stated IFB closing time and date.
7.1.4. It is the responsibility of all Bidders to examine the entire IFB package, to seek
clarification of any item or requirement that may not be clear and to check all responses
for accuracy before submitting a bid. Negligence in preparing a bid confers no right of
withdrawal after the deadline for submission of bids.
8. BID TRANSMITTAL
8.1. Sourcewell has contracted with bids&tenders to provide technical support for the Sourcewell
Procurement Portal. Bidders should contact bids&tenders support at
support@bidsandtenders.ca, at least 24 hours prior to the Bid closing time and date, if problems
are encountered in the bid submission process.
8.2. Bidders are solely responsible for ensuring all required documentation is submitted through the
Sourcewell Procurement Portal no later than the date and time listed in this IFB. Sourcewell is
not responsible for late receipt of bids. Late bids will not be considered. The Sourcewell
Procurement Portal System will send a confirmation email to the Bidder when the bid has been
successfully submitted. If the Bidder does not receive a confirmation email, contact
bids&tenders support at support@bidsandtenders.ca.
February 2020 Book 1 - Section Two –– Instructions to Bidders 11
9. CONTRACTOR’S MANAGEMENT PLAN
9.1. The Bidder is required to answer questions pertaining to its plan for management of the
contract. All Management Plan questions will be found within the specifications tab of the
IFB. The Contractor's Management Plan questions must be answered in order to submit a bid.
9.2. In addition to the bid documents and other required submittals, the Contractor's Management
Plan will be used by Sourcewell to determine the responsibility of the Bidder to perform the
contract. Therefore, the Bidder should take great care in the preparation of the Management
Plan answers. These answers will become part of the complete submitted bid.
9.3. The Bidder may be determined non-responsive for failure to submit the Management Plan
questions and/or declared non-responsible for failure to adequately address all points in the
questions to the satisfaction of Sourcewell.
9.4. Management Team:
9.4.1. The Bidder is required to submit its Management Team for the contract as an uploaded
document. The document should be titled "MANAGEMENT TEAM FOR EXECUTION OF
IQCC." The Contractor's Management Team must be submitted as part of the Bidder's
bid documents in the document upload section and must provide the following elements.
9.4.2. Provide an organizational chart.
9.4.3. Describe the responsibilities and duties of each position by indicating who will manage
the overall contract, attend Joint Scope Meetings, prepare Proposal Packages, negotiate
with Subcontractors, supervise construction, and perform administration tasks.
9.4.4. Provide resumes for your key personnel you intend to assign to this contract.
9.5. Provide a current list of the number and classification of your full time employees.
10. BID PRICING
10.1. Each Bidder must submit five (5) Adjustment Factors to be applied to every task in the CTC. The
bid shall be an adjustment “decrease from” (e.g. 0.9800) or “increase to” (e.g. 1.1000) the Unit
Prices listed in the CTC.
10.2. The Bidder's Adjustment Factors shall include all of the Bidder's direct and indirect costs
including, but not limited to, its costs for overhead, profit, bond premiums above the
reimbursable amount, insurance, mobilization, Purchase Order Proposal development, and all
contingencies in connection therewith. See pages 00-1 – 00-6 of Book 3 – the CTC for a complete
explanation of what is included in the Unit Prices and what is not.
10.3. The first Adjustment Factor is to be applied to Work to be accomplished during Normal Working
Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays, and
performed in Non-Secure Areas.
10.4. The second Adjustment Factor is to be applied to Work to be accomplished during Other Than
Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any
time Saturday, Sunday and Holidays and performed in Non -Secure Areas.
10.5. The third Adjustment Factor is to be applied to Work to be accomplished during Normal
Working Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays
and performed in Secure Areas.
February 2020 Book 1 - Section Two –– Instructions to Bidders 12
10.6. The fourth Adjustment Factor is to be applied to Work to be accomplished during Other Than
Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any
time Saturday, Sunday and Holidays and performed in Secure Areas.
10.7. The fifth Adjustment Factor is for work tasks not identified in the Construction Task Catalog.
IQCC includes a provision for establishing of prices for Work requirements which are within the
general scope of IQCC but were not included in the CTC at the time of Contract award, see
Book 2 Section One, Article 8. These Tasks are referred to as "Non Pre-priced Tasks (NPP)". NPP
Tasks may require new specifications and drawings and may subsequently be incorporated into
the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material,
equipment, and labor cost for NPP work Tasks. The NPP Adjustment Factor shall not be less
than 1.0500 and not higher than 1.2000, excluding Administrative Fees.
10.8. Adjustment Factors must be specified to the fourth decimal place. For example:
1 . 1 0 0 0
Or
0 . 9 8 0 0
10.9. For bid evaluation purposes only, the following weighting of the Adjustment factors shall be
used to determine the Combined Adjustment Factor:
Adjustment Factors Weight
NORMAL WORKING HOURS - NON-SECURE 60%
AREAS
OTHER THAN NORMAL WORKING HOURS - 10%
NON-SECURE AREAS
10%
NORMAL WORKING HOURS - SECURE AREAS
OTHER THAN NORMAL WORKING HOURS - 10%
SECURE AREAS
10%
NON PRE-PRICED
11. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID
11.1. A submitted bid may not be modified, withdrawn or cancelled by the Bidder for a period of one
hundred and eight (180) Days following the time and date designated for the receipt of bids.
Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn
through the Sourcewell Procurement Portal.
February 2020 Book 1 - Section Two –– Instructions to Bidders 13
12. BIDDERS RESPONSIVENESS AND RESPONSIBILITY
12.1. In accordance with accepted standards for competitive sealed bid processes, awards will be
made to responsive and responsible Bidders whose bids are determined in writing to be the
most advantageous to Sourcewell and its Members. To qualify for evaluation, a bid must be
responsive which means it shall have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A bid must reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
Deviations or exceptions stipulated in Bidder’s response, while possibly necessary in the view of
the Bidder, may result in disqualification. Language to the effect that the Bidder does not
consider this solicitation to be part of a contractual obligation will result in that bid being
disqualified by Sourcewell.
13. CERTIFICATION
13.1. By submitting a bid, the Bidder certifies:
13.1.1. The submission of the offer did not involve collusion or any other anti-competitive
practices;
13.1.2. It shall not discriminate against any employee or applicant for employment in violation
of federal and state laws (see Federal Executive Order 11246);
13.1.3. It has not given, offered to give, nor intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and
13.1.4. It agrees to promote and offer to Sourcewell Members only those products and/or
services as previously stated, allowed and deemed a resultant of the Contract(s) as
Sourcewell Contract items or services. This clause shall include any future product or
service additions as allowed through contract additions.
14. PROTESTS
14.1. Any protest made under this IFB by a Proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than ten (10) calendar days’
following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items:
14.1.1. The name, address and telephone number of the protester;
14.1.2. The original signature of the protester or its representative;
14.1.3. Identification of the solicitation by IFB number;
14.1.4. A precise statement of the relevant facts;
14.1.5. Identification of the issues to be resolved;
14.1.6. Identification of the legal or factual basis;
14.1.7. Any additional supporting documentation; and
14.1.8. Protest bond in the amount of $20,000.00
Protests that do not address these elements will not be reviewed.
February 2020 Book 1 - Section Two –– Instructions to Bidders 14
15. PUBLIC RECORD
15.1. All bids submitted to this invitation shall become the property of the Sourcewell and will
become a matter of public record, available for review subsequent to the award notification.
Bids may be viewed by appointment at the Sourcewell offices Monday through Friday from 8:30
a.m. to 3:30 p.m. Central Time.
16. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS
16.1. This clause is applicable to states in which prevailing wage rates are established by law. The
Contractor shall pay prevailing wages to all workers in accordance with the applicable laws. The
wage rates used for the CTC were the prevailing wage rates, if any; in effect at the time these
IFB Documents were issued. In the performance of the Work, however, Contractor shall be fully
responsible for paying the generally prevailing hourly rate of wages in effect, as determined by
the State Department of Labor and/or Commerce, at the time the Work is performed. If the
State Department of Labor and/or Commerce revises the prevailing rate of hourly wages to be
paid for the Work prior to completion of the Project, the revised rate shall apply to this Contract
from the effective date of such revision, however such revision shall not entitle Contractor to
any increased compensation under the terms of the Contract.
16.2. If other wage rates are required by law, the Contractor shall pay such wages to all workers in
accordance with the applicable laws. If the Purchase Order is performed in whole or in part
using federal funding, then the Davis Bacon Wages for that area will apply.
16.3. Contractors shall meet any goals or requirements established by the Sourcewell Member
ordering the Work, and/or satisfy the intent of said goals or requirements, with regard to small,
local, minority, women, veteran or disadvantaged business enterprises. Additional participation
goals may be incorporated into the detailed scope of work.
17. MARKETING REQUIREMENT
17.1. Bidder must express a willingness and ability to take ownership and promote the services to
be provided. Contractor must agree to work in cooperation with Sourcewell to develop a
marketing strategy and provide avenues to equally market and drive sales through the Contract
and program to all Sourcewell Members and Potential Sourcewell Members. Bidder agrees to
actively market in cooperation with Sourcewell all available services to current Sourcewell
Members, as well as Potential Sourcewell Members.
17.2. If bidder is awarded a contract based on this solicitation your sales force will be a primary driver
of everyone’s success. Bidders needs to be aware that:
17.2.1. The use of a Sourcewell Contract will save their customer (Sourcewell’s Member)
the time and effort of soliciting its own individual IFB;
17.2.2. The use of the Sourcewell Contract will save time and effort of responding to
individual Invitations for Bid IFB; and
17.2.3. The use of the Sourcewell Contract will guaranty that Sourcewell Members have the
ability to choose you.
17.3. An award of a contract resulting from this IFB is an opportunity for the awarded contactor to
pursue commerce with and deliver value to Sourcewell and Sourcewell Members, but it is not a
February 2020 Book 1 - Section Two –– Instructions to Bidders 15
guarantee of work. As such the Bidder will demonstrate in the Management Plan specific
marketing strategies, personnel and the qualifications of those personnel to market IQCC and
the frequency and duration of marketing efforts. Sourcewell reserves the right to deem a
Bidder non-responsive or to waive an award based on a Bidder’s unwillingness to participate in
such a marketing effort or by submitting an unsatisfactory marketing strategy as part of the
overall management plan. Further marketing requirements will be found in Book Two Section
One, Article 9 of this IFB.
18. MEMBER SIGN-UP PROCEEDURE
18.1. Bidder agrees to cooperate and participate in the Sourcewell Membership process as part of
connecting Sourcewell Members to Sourcewell contracts. The process to sign up new Sourcewell
Members to purchase under this Contract will be defined during the award phase.
19. FEES
19.1. The bidder shall include the Sourcewell Administrative Fee in calculating the Contractor’s
Adjustment Factors.
19.2. Sourcewell’s Administrative Fee will be calculated at the rate of 7.5% of the total Purchase
Order Price charged to the Sourcewell Member.
19.3. Sourcewell’s Administrative Fee shall be remitted by the Contractor to Sourcewell, or its
designated contract administrator, within thirty (30) days of the submission of an invoice to a
Sourcewell Member by Contractor. The Contractor shall be assessed a one percent (1%) per
month late fee for any Administrative Fees not paid by the due date set forth herein.
19.4. Sourcewell designates The Gordian Group, Inc., (Gordian) as its contract administrator. The
Sourcewell Administrative Fee payments shall be made payable to The Gordian Group and sent
to the following address:
The Gordian Group, Inc.
PO Box 79341
Baltimore, MD 21279-0341
19.5. Sourcewell or Gordian may request records from the Contractor for all purchases through this
Contract and payment of all Administrative Fees. If a discrepancy exists between the purchasing
activity and the Administrative Fees paid, Sourcewell or Gordian will provide written notification
to the Contractor of the discrepancy and allow the Contractor ten (10) days from the date of
notification to resolve the discrepancy. In the event the Contractor does not resolve the
discrepancy to the satisfaction of Sourcewell or Gordian, Sourcewell or Gordian reserve the right
to engage a third party to conduct an independent audit of the Contractor's records and, in the
event Contractor is not in compliance with this Contract, Contractor shall, in addition to any
Administrative Fees due, reimburse the appropriate party for the cost and expense related to
such audit.
19.6. Sourcewell and Contractor hereby acknowledge that The Gordian Group, Inc., as Sourcewell’s
designated contract administrator, is a third-party beneficiary of Section 20, including all
subsections therein. In the event any court action is brought to enforce payment of the
February 2020 Book 1 - Section Two –– Instructions to Bidders 16
Administrative Fees set forth above by any party or third-party beneficiary of this Contract, the
prevailing party shall be entitled to an award of reasonable attorneys’ fees and collection costs.
20. TAXES
20.1. The Contractor shall pay all sales, consumer, use and other similar taxes required by law for
which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt
material, equipment, services or other items purchased in connection with a Purchase Order,
the Member will reimburse the Contractor for such tax, without mark-up, provided the
Contractor submits the appropriate documentation therefor.
21. PHYSICAL PRESENCE
21.1. The Bidder must have a fully staffed and functioning office located within the geographic area in
which they are bidding.
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February 2020 Book 1 - Section Two –– Instructions to Bidders 17
SECTION THREE – GEOGRAPHIC MAP OF SOURCEWELL
CONTRACT AREA
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 18
Area A Northern Counties
Banks Dawson Habersham Pike
Bartow DeKalb Hall Polk
Butts Douglas Haralson Rabun
Carroll Fannin Hart Rockdale
Catoosa Fayette Heard Spalding
Chattooga Floyd Henry Towns
Cherokee Forsyth Lamar Troup
Clayton Franklin Lumpkin Union
Cobb Fulton Meriwether Upson
Coweta Gilmer Murray Walker
Coweta Gordon Paulding White
Dade Gwinnett Pickens Whitfield
Area B East Central Counties
Athens Hancock McDuffie Screven
Baldwin Houston Monroe Taliaferro
Barrow Jackson Morgan Twiggs
Bibb Jasper Newton Walton
Burke Jefferson Oconee Warren
Columbia Jefferson Oglethorpe Washington
Crawford Jenkins Peach Wilkes
Elbert Jones Pulaski Wilkinson
Glascock Lincoln Putnam
Greene Madison Richmond
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 19
Area C Southwest Counties
Baker Dougherty Mitchell Talbot
Calhoun Early Muscogee Taylor
Chattahoochee Grady Quitman Terrell
Clay Harris Randolph Thomas
Colquitt Lee Schley Webster
Crisp Macon Seminole Worth
Decatur Marion Stewart
Dooly Miller Sumter
Area D Southeast Counties
Appling Candler Glynn Pierce
Atkinson Charlton Irwin Tattnall
Bacon Chatham Jeff Davis Telfair
Ben Hill Clinch Johnson Tift
Berrien Coffee Lanier Toombs
Bleckley Cook Laurens Turner
Brantley Dodge Liberty Ware
Brooks Echols Long Wayne
Bryan Effington Lowndes Wheeler
Bulloch Emanuel McIntosh Wilcox
Camden Evans Montgomery
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 20
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February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 21
SECTION FOUR – SAMPLE INDEFINITE QUANTITY CONSTRUCTION
CONTRACT
IFB NUMBER:
GEOGRAPHIC AREA:
This Contract dated , by and between Sourcewell (Formerly NJPA) and
. at the following address,
hereinafter referred to as the CONTRACTOR.
WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents: This Contract; the IFB Documents; (Book 1 - Project Information, Instructions to
Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General
Conditions; Book 3 - Construction Task Catalog (CTC); Book 4 - Technical Specifications) and Addenda
thereto; all payment and performance bonds (if any), material and workmanship bonds (if any); wage
rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto,
including Supplemental Purchase Orders/Change Orders and written interpretations and all
Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work,
Purchase Order Proposals, etc.) issued hereunder.
B. The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any
Project, including supplemental technical specifications referenced therein, shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell
Member, provide notification to Sourcewell or their designated representative of each Purchase Order
by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233-
9100.
D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide
notification to Sourcewell or their designated representative of each Invoice by forwarding a copy of the
Invoice via email to Invoice@EZIQC.com or via facsimile to (864) 233-9100.
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Purchase Order in accordance with
the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and
the Contract Documents.
B. Each Purchase Order developed in accordance with this Contract will be issued by an individual
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Sourcewell Member. The Purchase Order will require the Contractor to perform the Detailed Scope of
Work within the Purchase Order Completion Time for the Purchase Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above.
However, the parties may agree that the Contractor can perform Work in a different Geographic Area at
its current Adjustment Factors.
ARTICLE 3. THE CONTRACT PRICE
A. This Contract is an indefinite-quantity contract for construction work and services. The Estimated
Annual Value of this Contract is $2,000,000. This is only an estimate and may increase or decrease at
the discretion of Sourcewell.
B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price
appearing therein multiplied by the following Adjustment Factors:
TO BE ENTERED BY SOURCEWELL:
a. Normal Working Hours – Non Secure Areas: Work performed from 7:00am until 4:00pm Monday
to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the
Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
b. Other Than Normal Working Hours – Non Secure Areas : Work performed from 4:00pm to
7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform
Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied
by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
c. Normal Working Hours – Secure Areas: Work performed from 7:00am until 4:00pm Monday to
Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit
Price set forth in the CTC multiplied by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
d. Other Than Normal Working Hours – Secure Areas: Work performed from 4:00pm to 7:00am
Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks
during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the
Adjustment Factor of:
.
(Specify to four (4) decimal places)
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e. Non Pre-priced Adjustment Factor: To be applied to Work deemed not to be included in the
CTC but within the general scope of the work:
.
(Specify to four (4) decimal places)
ARTICLE 4. TERM OF THE CONTRACT
A. This Contract has an initial term of one (1) year and a bilateral option provision for three (3) additional
terms. The total term of the Contract cannot exceed four (4) years. One additional one-year renewal-
extension may be offered by Sourcewell to Contractor beyond the original four-year term if Sourcewell
deems such action to be in the best interests of Sourcewell and its Members. The Contractor may
withdraw from the Contract on each anniversary of the award, provided that the Contractor gives 60
Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Contract
at any time.
B. All Purchase Orders issued during a term of this Contract shall be valid and in effect notwithstanding
that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period
may continue, after such term has expired. All terms and conditions of the Contract apply to each
Purchase Order.
ARTICLE 5. SOFTWARE LICENSING
A. Sourcewell selected The Gordian Group’s (Gordian) software, data and services (IQCC System) for their
IQCC program. The system includes Gordian’s proprietary ezIQC, eGordian and Bid Safe IQCC applications
(IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the
Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by
Sourcewell and Sourcewell Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC
Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any
purpose other than to execute work under this Contract for Sourcewell and Sourcewell Members is strictly
prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the
terms of the following IQCC System License:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term
of this Contract or Gordian’s contract with Sourcewell, whichever is shorter, a non-exclusive right,
privilege, and license to Gordian’s proprietary IQCC System and related proprietary materials
(collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing
Contractor’s responsibilities to Sourcewell and Sourcewell Members under this Contract (“Limited
Purpose”). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to,
Gordian‘s IQCC Applications and support documentation, Construction Task Catalog, training materials,
marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event
this Contract expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires
or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary
Information in its possession to Gordian.
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B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary Information, including all U.S. and international intellectual property and other rights such
as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any
portion of the Proprietary Information except the right to use the Proprietary Information for the
Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not
distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide
access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary
Information.
C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract,
and shall at all times maintain complete confidentiality with regard to the Proprietary Information
provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor
further acknowledges that a breach of any of the terms of this Contract by Contractor will result in
irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian
shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other
monetary remedies available at law or in equity. In the event that it becomes necessary for either party
to this IQCC System License to enforce the provisions of this Contract or to obtain redress for the breach
or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing
party shall be entitled to recover from the other party all costs and expenses associated with such
proceedings, including reasonable attorney’s fees.
D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms
and conditions of this Contract or any Purchase Order, Order or similar purchasing document (Purchase
Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above
written.
By: Sourcewell
Authorized Signature
Print Name
Contractor
Authorized Signature
Print Name
Contract Number: (assigned by Sourcewell)