RFP and Addendum-Artificial Turf 031622

AID 1701613 · View on Simbli

Agenda Item

ii. Contract – Cooperative Agreement - Hellas Construction, Inc. – RFP No. 031622 – Artificial Turf and Track Maintenance, Installation, Related Equipment, Materials, Supplies and Supplemental Services, District Wide (Not to exceed $500,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School Board of Education approve DeKalb County School District (“DCSD”) use of Sourcewell Solicitation Request for Proposal (“RFP”) #031622 for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies for FY2024-2025.
The award is for a Cooperative Agreement for Track Maintenance, Installation, Related Equipment, Materials, Supplies and Supplemental Services, District Wide on an as-needed basis, in a not to exceed amount of $500,000.
Why: Approval of the use of the Cooperative Agreement through Sourcewell with Hellas Construction, Inc. will allow for playground equipment repairs, replacements, and outdoor equipment installation services district-wide leveraging the buying power of Cooperative Agreements resulting in increased economies of scale and efficiencies regarding reduced construction cost and administrative oversight.

The approval of this award meets:


Strategic Goal Area 1. Student Academic Success with Equity and Access
Strategic Goal Area 2. School, Family and Community Engagement, and
Strategic Goal Area 6. Organizational Excellence
Details: The Division of Operations is requesting approval to utilize the Sourcewell (formerly known as National Joint Powers Alliance - NJPA) cooperative contract through Hellas Construction, Inc. On January 27, 2022, Sourcewell issued Solicitation RFP #031622 Artificial Turf and Track with Installation, Related Equipment, Materials, and Supplies, from which the Supplier (Hellas Construction, Inc.) was awarded a vendor contract. This contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Hellas Construction Inc., 12000 West Parmer Lane, Austin, TX 78613 (Vendor).

This recommendation is based on the review and evaluation of the price quote provided by the Sourcewell contract regulations. The DeKalb County School District’s Standard Form of Fixed Price Construction Contract will be used.
Financial impact: The total contract amount for Artificial Turf and Track Maintenance, Installation, Related Equipment, Materials, Supplies and Supplemental Services, District Wide -not to exceed $500,000 will be allocated from the General Fund.

GL Code: 100.2600.543000.00011.7520.9990.8013.040.0000
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Richard H. Boyd, Director of Design and Construction, Division of Operations, 678.676.1483
Mr. Bobby Moncrief, Director of Facilities, Division of Operations, 678.676.1478
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                                   RFP #031622
                            REQUEST FOR PROPOSALS
                                         for
 Artificial Turf and Tracks with Installation, Related Equipment, Materials, and
                                      Supplies

            Proposal Due Date: March 16, 2022, 4:30 p.m., Central Time


Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting
proposals for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and
Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell
Participating Entities include thousands of governmental, higher education, K-12 education,
nonprofit, tribal government, and other public agencies located in the United States and Canada.
A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal
[https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than March 16, 2022, at 4:30
p.m. Central Time, and late proposals will not be considered.

                                       Solicitation Schedule

           Public Notice of RFP Published:              January 27, 2022

           Pre-proposal Conference:                     February 23, 2022, 10:00 a.m., Central Time

           Question Submission Deadline:                March 8, 2022, 4:30 p.m., Central Time

           Proposal Due Date:                           March 16, 2022, 4:30 p.m., Central Time
                                                        Late responses will not be considered.

           Opening:                                     March 16, 2022, 6:30 p.m., Central Time
                                                        See RFP Section V.G. “Opening”




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                                   I.        ABOUT SOURCEWELL

A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell’s solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities
procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS

In the United States, Sourcewell’s contracts are available for use by:
    • Federal and state government entities;
    • Cities, towns, and counties/parishes;
    • Education service cooperatives;
    • K-12 and higher education entities;
    • Tribal government entities;
    • Some nonprofit entities; and
    • Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
    • Provincial and territorial government departments, ministries, agencies, boards,
       councils, committees, commissions, and similar agencies;
    • Regional, local, district, and other forms of municipal government, municipal
       organizations, school boards, and publicly-funded academic, health, and social service
       entities referred to as MASH sector (this should be construed to include but not be
       limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as
       any corporation or entity owned or controlled by one or more of the preceding entities;
    • Crown corporations, government enterprises, and other entities that are owned or
       controlled by these entities through ownership interest;


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    •   Members of the Rural Municipalities of Alberta (RMA) and their represented
        Associations: MASH (municipalities, academic institutions, schools and hospitals) and
        MUSH (municipalities, universities, schools and hospitals) sectors, and other
        governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH
        sector refers to regional, local, district or other forms of municipal government, school
        boards, publicly-funded academic, health and social service entities, as well as any
        corporation or entity owned or controlled by one or more of the preceding entities,
        including but not limited to represented associations, Saskatchewan Association of
        Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local
        Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the
        cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”),
        Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities
        Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”),
        North West Territories Association of Communities ("NWTAC") and their members.
        RMA Participants may include all not-for-profit agencies for Canadian provinces and
        territories.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s
website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for-
vendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a
purchase order issued directly to the contracted supplier. A Participating Entity may request
additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary
and Participating Entities retain the right to obtain similar equipment, products, or services
from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all
solicitation opportunities, including this RFP. In the United States each state-level procurement
department receives notice for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

                                   II.      SOLICITATION DETAILS

A. SOLUTIONS-BASED SOLICITATION

This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.




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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES

It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.

1.    Sourcewell is seeking proposals for Artificial Turf and Tracks with Installation, Related
Equipment, Materials, and Supplies including, but not to be limited to:

   a. Indoor and outdoor athletic and recreational artificial turf and running track surfaces and
      sub-surfaces;
   b. Equipment, options, accessories, technology, materials, and supplies complementary or
      incidental to the purchase of a turnkey or complete solution of the types described in
      Section 1. a. above;
   c. Services related to the offering of the solutions described in Sections 1. a. and b. above,
      including installation, removal, disposal, refurbishment, inspection, repair, maintenance,
      training, and support.

2.     The primary focus of this solicitation is on Artificial Turf and Tracks with Installation,
Related Equipment, Materials, and Supplies. This solicitation should NOT be construed to
include “services only” solutions.

3.     This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:

   a. Scoreboards, Digital Displays, and Video Boards with Related Design Build Technology
      Integration, Installation, Supplies, and Services (RFP #050819);
   b. Sports Lighting with Related Supplies and Services (RFP #071619);
   c. Athletic and Physical Education Equipment and Supplies with Related Accessories (RFP
      #071819), except for an incidental offering of solutions identified in subsection 1. a. or
      b. above;
   d. Flooring Materials, with Related Supplies and Services (RFP #080819);
   e. Event Seating and Staging Solutions with Related Accessories and Services (RFP
      #091719);
   f. Fitness Equipment with Related Accessories and Services (RFP #081120), except for an
      incidental offering of solutions identified in subsection 1. a. or b. above;
   g. Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories
      and Services (RFP #112420);
   h. Ice Rink and Arena Equipment with Related Supplies and Services (RFP #120320);
   i. Playground and Water Play Equipment with Related Accessories and Services (RFP
      #010521), except for an incidental offering of solutions identified in subsection 1. a.
      above;
   j. Outdoor Fitness Equipment with Related Accessories and Services (RFP #010721),
      except for an incidental offering of solutions identified in subsection 1. a. or b. above.
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   k.   Athletic Surfaces with Installation, Related Equipment, Materials, and Services (RFP
        #031022), except for an incidental offering of solutions identified in subsection 1. a.
        above.

Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.

Generally, the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
party contractors, to properly install and bring to operation the equipment or products being
proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting contract. If proposer is including the
equipment, products, and services of its subsidiary entities, the proposer must also identify all
included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting contract.

Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.

C. REQUIREMENTS

It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.

   1. Safety Requirements. All items proposed must comply with current applicable safety or
      regulatory standards or codes.
   2. Deviation from Industry Standard. Deviations from industry standards must be
      identified with an explanation of how the equipment, products, and services will provide
      equivalent function, coverage, performance, and/or related services.
   3. New Equipment and Products. Proposed equipment and products must be for new,
      current model; however, proposer may offer certain close-out equipment or products if
      it is specifically noted in the Pricing proposal.
   4. Delivered and operational. Unless clearly noted in the proposal, equipment and
      products must be delivered to the Participating Entity as operational.

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   5. Warranty. All equipment, products, supplies, and services must be covered by a
      warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM

Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an
optional one year extension that may be offered based on the best interests of Sourcewell and
its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE

Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $150 Million; therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.

F. MARKETING PLAN

Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or
dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is
expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

   1. Contracts will be awarded to proposers able to best meet the need of Participating
      Entities. Proposers should submit their complete line of equipment, products, or
      services that are applicable to the scope of this RFP.
   2. Proposers should include all relevant information in its proposal, since Sourcewell
      cannot consider information that is not included in the proposal. Sourcewell reserves
      the right to verify proposer’s information and may request clarification from a proposer,
      including samples of the proposed equipment or products.
   3. Depending upon the responses received in a given category, Sourcewell may need to
      organize responses into subcategories in order to provide the broadest coverage of the
      requested equipment, products, or services to Participating Entities. Awards may be
      based on a subcategory.
   4. A proposer’s documented negative past performance with Sourcewell or its
      Participating Entities occurring under a previously awarded Sourcewell contract may be
      considered in the evaluation of a proposal.

                                             III. PRICING

A. REQUIREMENTS
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All proposed pricing must be:

   1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
      these:
      a. Line-item Pricing is pricing based on each individual product or services. Each line must
          indicate the proposer’s published “List Price,” as well as the “Contract Price.”
      b. Percentage Discount from Catalog or Category is based on a percentage discount from
          a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price
          (MSRP) for the products or services. Individualized percentage discounts can be
          applied to any number of defined product groupings. Proposers will be responsible
          for providing and maintaining current published MSRP with Sourcewell, and this
          pricing must be included in its proposal and provided throughout the term of any
          Contract resulting from this RFP.
   2. The proposer’s not to exceed price. A not to exceed price is the highest price for which
      equipment, products, or services may be billed to a Participating Entity. However, it is
      permissible for suppliers to sell at a price that is lower than the contracted price.
   3. Stated in U.S. and Canadian dollars (as applicable).
   4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the
      cost of the proposed equipment, products, and services delivered and operational for its
      intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the proposer. Additionally, proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES

Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts. The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.

                                          IV. CONTRACT

Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the proposal being disqualified from further review and
evaluation.
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To request a modification to the template Contract, a proposer must submit the Exceptions to
Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the
time of the proposal submission will be considered.
Exceptions must:
    1. Clearly identify the affected article and section.
    2. Clearly note the requested modification; and as applicable, provide requested
       alternative language.
Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract
award may be revoked.

                                        V. RFP PROCESS

A. PRE-PROPOSAL CONFERENCE

Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the
date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell
Procurement Portal. The purpose of this conference is to allow potential proposers to ask
questions regarding this RFP and Sourcewell’s competitive contracting process. Information
about the webcast will be sent to all entities that have registered for this solicitation
opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal
conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION

All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.

C. ADDENDA

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Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the proposer by checking the box for each addendum. It is the
responsibility of the proposer to check for any addenda that may have been issued up to the
solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the proposer’s proposal status to
INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the
Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check
the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after
submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has
changed to INCOMPLETE, the proposer is solely responsible to:
    i) make any required adjustments to its proposal;
   ii) acknowledge the addenda; and
  iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal
       no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION

Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to
ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically
generate a confirmation email to the proposer. If the proposer does not receive a confirmation
email, contact Sourcewell’s support provider at support@bidsandtenders.ca.

To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the proposer has obtained this solicitation document from a third party, the onus is on the

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proposer to create a Sourcewell Procurement Portal Supplier Account and register for this
solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an
authorized representative of the proposer attesting that the information contained in in the
proposal is true and accurate. By submitting a proposal, proposer warrants that the information
provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification
from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS

Proposals must be:
   • In substantial compliance with the requirements of this RFP or it will be considered
      nonresponsive and be rejected.
   • Complete. A proposal will be rejected if it is conditional or incomplete.
   • Submitted in English.
   • Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL

Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING

The Opening of proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed”
after the Proposal Due Date and Time.

                                VI. EVALUATION AND AWARD

A. EVALUATION

It is the intent of Sourcewell to award one or more contracts to responsive and responsible
proposers offering the best overall quality, selection of equipment, products, and services, and
price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is
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necessary to meet the needs of its Participating Entities. Factors to be considered in
determining the number of contracts to be awarded in any category may include the following:
   • The number of and geographic location of:
       o Proposers necessary to offer a comprehensive selection of equipment, products, or
           services for Participating Entities’ use.
       o A proposer’s sales and service network to assure availability of product supply and
           coverage to meet Participating Entities’ anticipated needs.
   • Total evaluation scores.
   • The attributes of proposers, and their equipment, products, or services, to assist
       Participating Entities achieve environmental and social requirements, preferences, and
       goals.

Information submitted as part of a proposal should be as specific as possible when responding
to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)

Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation
process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

           Conformance to RFP Requirements                                                   50
           Financial Viability and Marketplace Success                                       75
           Ability to Sell and Deliver Service                                              100
           Marketing Plan                                                                    50
           Value Added Attributes                                                            75
           Warranty                                                                          50
           Depth and Breadth of Offered Equipment, Products, or Services                    200
           Pricing                                                                          400
           TOTAL POINTS                                                                    1000

C. PROTESTS OF AWARDS

Any protest made under this RFP 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. All documents that comprise the complete protest package must
be received no later than 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

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protest must allege a procedural, technical, or legal defect, with supporting documentation. A
protest that merely requests a re-evaluation of a proposal’s content will not be entertained

A protest must include the following items:
   • The name, address, and telephone number of the protester;
   • Identification of the solicitation by RFP number;
   • A precise statement of the relevant facts;
   • Identification of the alleged procedural, technical, or legal defect;
   • Analysis of the basis for the protest;
   • Any additional supporting documentation;
   • The original signature of the protester or its representative; and
   • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED

This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if
it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the proposer may be
rejected.

Sourcewell reserves the right to:
   • Modify or cancel this RFP at any time;
   • Reject any and all proposals received;
   • Reject proposals that do not comply with the provisions of this RFP;
   • Select, for contracts or for discussion, a proposal other than that with the lowest cost;
   • Independently verify any information provided in a proposal;
   • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or
      suspended by the United States or Canada, State of Minnesota, Participating Entity’s
      state or province; has an officer, or other key personnel, who have been charged with a
      serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
      reasonable prospect;
   • Waive or modify any informalities, irregularities, or inconsistencies in the proposals
      received;
   • Clarify any part of a proposal and discuss any aspect of the proposal with any proposer;
      and negotiate with more than one proposer;
   • Award a contract if only one responsive proposal is received if it is in the best interest of
      Participating Entities; and
   • Award a contract to one or more proposers if it is in the best interest of Participating
      Entities.

E. DISPOSITION OF PROPOSALS

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                         Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies
                                                                                                         Page 12
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that
it considers to be protected. Proposer must also include a justification for the classification
citing the applicable Minnesota law. Sourcewell may reject proposals that are marked
confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a proposer is not considered trade secret under the statutory definition.




       Rev. 3/2021                                                                      Sourcewell RFP #031622
                         Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies
                                                                                                         Page 13
3/8/2022

Addendum No. 1
Solicitation Number: RFP 031622
Solicitation Name: Artificial Turf and Tracks with Installation, Related Equipment,
Materials, and Supplies

Consider the following Questions and Answers to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.



Question 1:

What is your willingness to award a contract to a company that does not currently have
a national presence?

Answer 1:
A proposer is not required to cover every geographic region to be considered for award.
Each proposal is evaluated based on the criteria stated in the RFP.

Question 2:

With respect to Table 5, line item 25 of the proposer questionnaire, what is meant by
Size of Transaction?

Answer 2:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to determine the information that
they are willing to include and that is necessary to best demonstrate their marketplace
success. Proposals are evaluated based on the criteria stated in the RFP.

Question 3:

There is language in the RFP regarding a process to request price changes during the
term of an awarded contract. Is there any additional information or insight that can be
provided on this process?
Answer 3:

Refer to Sourcewell template contract Section 4. – Product and Pricing Change
Requests, for a description of the process to request a change in contract pricing during
the term.

Question 4:

How do we handle state sales and use taxes in our pricing? Each state is different in the
applicability of sales and use taxes.

Answer 4:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to articulate and propose the
pricing approach that aligns with their business methods and satisfies the requirements
of RFP Section III. – Pricing. Proposals are evaluated based on the criteria stated in the
RFP.

Also refer to Sourcewell Template contract Section 3. B. – Sales Tax, “Each Participating
Entity is responsible for supplying the Supplier with valid tax-exemption certification(s).
When ordering, a Participating Entity must indicate if it is a tax-exempt entity.”



End of Addendum

Acknowledgement of this Addendum to RFP 031622 posted to the Sourcewell
Procurement Portal on 3/8/2022, is required at the time of proposal submittal.