See Page 13 for instructions on submitting proposals. - Nevada ...

State of NevadaKenny C. GuinnDepartment of AdministrationGovernorPurchasing Division515 E. Musser Street, Suite 300 Greg SmithCarson City, NV 89701AdministratorDivision of PurchasingRequest For Qualifications No. 1552<strong>for</strong>Specialized Training ProjectsRelease Date: August 29, 2006Deadline <strong>for</strong> Submission and Opening Date and Time: October 11, 2006For additional in<strong>for</strong>mation, please contact:Marcy Troescher, Purchasing Officer(775) 684-0199(TTY <strong>for</strong> the Deaf or Hard of Hearing: 1-800-326-6868.Ask the relay agent to dial 1-775-684-0199/V.)This document must be submitted in the “StateDocuments” section/tab of vendors’ technical proposal<strong>See</strong> <strong>Page</strong> <strong>13</strong> <strong>for</strong> <strong>instructions</strong> on submitting proposals.Contact In<strong>for</strong>mationCompany Name ___________________________________________________________________Address _____________________________ City _______________ State ______ Zip _________Telephone (___) ___________________________ Fax (___) _______________________________E-Mail Address:Any prices and/or budgets contained in this proposal are subject to acceptance within___ calendar days.Contact Person ____________________________________________________________________Print Name & Title _________________________________________________________________<strong>Page</strong> 1 of 43Approved 05/07/02Revised02/05

TABLE OF CONTENTS1. OVERVIEW OF PROJECT........................................................................................................... 32. ACRONYMS/DEFINITIONS ........................................................................................................ 33. MINIMUM QUALIFICATIONS................................................................................................... 54. REFERENCES............................................................................................................................... 125. PAYMENT ..................................................................................................................................... 126 SUBMITTAL INSTRUCTIONS .................................................................................................. <strong>13</strong>7. QUALIFICATION EVALUATIONS AND AWARD PROCESS ............................................ 168. TERMS, CONDITIONS AND EXCEPTIONS........................................................................... 179. SUBMISSION CHECKLIST........................................................................................................ 21Attachment A .......................................................................................................................................... 22Attachment B........................................................................................................................................... 24Attachment C .......................................................................................................................................... 26Attachment D .......................................................................................................................................... 35Attachment E........................................................................................................................................... 38Attachment F........................................................................................................................................... 40Attachment G .......................................................................................................................................... 42RFQ 1552 RFQ No. 1552 <strong>Page</strong> 2Specialized Training Projects Approved 05/07/02Revised 02/05

Vendors may take exception to any section of the RFQ. Exceptions should be clearly stated inAttachment B (Certification of Indemnification and Compliance with Terms and Conditions ofRFQ) and will be considered during the evaluation process. The State reserves the right to limitthe Scope of Work prior to award, if deemed in the best interest of the State NRS §333.350(1).1. OVERVIEW OF PROJECTThe Nevada State Purchasing Division is soliciting proposals on behalf of the Department ofEmployment, Training and Rehabilitation’s (DETR) Career Enhancement Program <strong>for</strong> specializedtraining projects <strong>for</strong> incumbent workers, the under-employed, and unemployed that target skill upgradeenhancements necessary to retain, recruit, and prepare individuals <strong>for</strong> demand occupations in growth inindustries in Nevada.The Nevada JobConnect system, a partnership of work<strong>for</strong>ce development agencies and organizations, iscommitted to addressing the needs of employers to grow and adapt to compete in today’s globaleconomy. The mission of Nevada JobConnect is to provide employers in Nevada with a skilled,productive work<strong>for</strong>ce that supports the economic needs of local communities.DETR is the administrative agency <strong>for</strong> overseeing the state’s work<strong>for</strong>ce investment system – NevadaJobConnect. DETR’s Employment Security Division is the administrator of the Career EnhancementProgram in the State of Nevada and a partner in the Nevada JobConnect system. DETR is announcingthe availability of approximately $500,000 in Career Enhancement Program funds <strong>for</strong> specializedtraining projects.Specialized training projects targeting occupational categories determined to be in high growthindustries and high demand occupations are eligible <strong>for</strong> funding consideration. For in<strong>for</strong>mation on highgrowth, high demand occupations and industries within Nevada, please see attachment entitled‘Nevada’s Hot 50,” or visit “Nevada’s Work<strong>for</strong>ce In<strong>for</strong>mer” atwww.nevadawork<strong>for</strong>ce.com/?PAGEID=67&SUBID=145.2. ACRONYMS/DEFINITIONSFor the purposes of this RFQ, the following acronyms/definitions will be used:Awarded Vendor The organization/individual that is awarded and has an approvedcontract/subgrant with the State of Nevada <strong>for</strong> the services identified in this RFQ.CEPConfidentialIn<strong>for</strong>mationDivisionESDCareer Enhancement ProgramAny in<strong>for</strong>mation relating to the amount or source of any income, profits, losses orexpenditures of a person, including data relating to cost or price submitted insupport of a bid or proposal. The term does not include the amount of a bid orproposal. <strong>See</strong> NRS §333.020(5)(b).Department Employment, Training and Rehabilitation (DETR), EmploymentSecurity DivisionEmployment Security DivisionRFQ 1552 RFQ No. 1552 <strong>Page</strong> 3Specialized Training Projects Approved 05/07/02Revised 02/05

EvaluationCommitteeIncumbent WorkerLOIMayMatchingContributionNACAn independent committee comprised of a majority of State officers or employeesestablished to evaluate and score proposals submitted in response to the RFQpursuant to NRS §333.335.An individual employed by the entity requesting funds through this RFQ.Letter of Intent to Fund- notification of the State’s intent to award acontract/subgrant to a vendor, pending successful negotiations; all in<strong>for</strong>mationremains confidential until the issuance of the <strong>for</strong>mal Notification of Award andFunding.Indicates something that is not mandatory but permissible.Goods, services, or cash provided to or supporting the proposed project that arepaid through other resources.Nevada Administrative CodeNevada JobConnect The partnership of state, local, and independent work<strong>for</strong>ce agencies andorganizations providing individuals and employers a unified source of work<strong>for</strong>cedevelopment, employment, and business services.NRSNOANevada Revised StatutesNotification of Award and Funding- <strong>for</strong>mal notification of the State’s decision toaward a contract/subgrant, pending Board of Examiners’ or approval of saidcontract, any non-confidential in<strong>for</strong>mation becomes available upon writtenrequest.Program Participant An individual who is receiving training as a result of this RFQ.Project OperatorProprietaryIn<strong>for</strong>mationPublic RecordRFQShall/Must/WillShouldOrganization/business submitting a proposal in response to this RFQ.Any trade secret or confidential business in<strong>for</strong>mation that is contained in a bid orproposal submitted on a particular contract.All books and public records of a governmental entity, the contents of which arenot otherwise declared by law to be confidential (see NRS §333.333 and NRS§600A.030(5)) must be open to inspection by any person and may be fully copiedor an abstract or memorandum may be prepared from those public books andpublic records.Request <strong>for</strong> Qualifications - a written statement that sets <strong>for</strong>th the qualificationsand requirements of a contract or subgrant to be awarded by competitiveselection.Indicates a mandatory requirement. Failure to meet a mandatory requirement mayresult in the rejection of the proposal or qualifications as non-responsive.Indicates something that is recommended but not mandatory. If the vendor failsto provide recommended in<strong>for</strong>mation, the State may, at its sole option, ask theRFQ 1552 RFQ No. 1552 <strong>Page</strong> 4Specialized Training Projects Approved 05/07/02Revised 08/06/04

vendor to provide the in<strong>for</strong>mation or evaluate the qualifications without thein<strong>for</strong>mation.StateState Work<strong>for</strong>ceInvestment BoardSubcontractorTrade SecretUnemployedUnder EmployedVendor/AgencyWISSThe State of Nevada and any agency identified herein.The board appointed by the Governor of Nevada to provide policy guidanceconcerning the statewide work<strong>for</strong>ce investment system.Third party, not directly employed by the vendor, who will provide servicesidentified in this RFQ. This does not include third parties who provide support orincidental services to the vendor.Means in<strong>for</strong>mation, including, without limitation, a <strong>for</strong>mula, pattern, compilation,program, device, method, technique, product, system, process, design, prototype,procedure, computer programming instruction or code that: derives independenteconomic value, actual or potential, from not being generally known to, and notbeing readily ascertainable by proper means by the public or any other personwho can obtain commercial or economic value from its disclosure or use; and isthe subject of ef<strong>for</strong>ts that are reasonable under the circumstances to maintain itssecrecy.An individual who is not currently receiving wages, salary, or self-employmentincome.An individual who is currently employed in a job or position that is notcommensurate with the skills, abilities, training, and/or educational level of theindividual.Organization/individual submitting a proposal or qualifications in response to thisRFQ.Work<strong>for</strong>ce Investment Support Services3. QUALIFICATIONSThe process by which proposals will be considered <strong>for</strong> funding under this RFQ consists of twodistinct stages. The first stage is a determination of whether or not the vendor/agency qualifiesunder the set of General Minimum Qualifications. If it is determined a vendor/agency does notmeet any one of these General Minimum Qualifications, the proposal in its entirety will not beconsidered <strong>for</strong> funding.If the vendor/agency meets all of the General Minimum Qualifications, the proposal will beevaluated to see if it meets the Technical Minimum Qualifications. Target population/serviceproposals that do not meet the minimum Technical Qualifications will not be considered <strong>for</strong>funding. This will not eliminate other target population/service proposals submitted in the sameRFQ from being considered. Each proposal will be reviewed independently in the TechnicalMinimum Qualification section.3.1 General Minimum QualificationsNOTE: It is mandatory that each component listed below in the Technical MinimumQualifications be addressed. Failure to address each component will result indisqualification of proposal.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 5Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.1.1 Who Can ApplyExisting Nevada entities that are organized in accordance with Nevada andFederal laws are qualified to submit proposals, if they meet the guidelines listedbelow:3.1.1.1 Must have operations in Nevada <strong>for</strong> a minimum of three (3) yearsprior to proposal date;3.1.1.2 Must demonstrate financial viability;3.1.1.3 Must provide a minimum twenty-five (25) percent matchingcontribution (cash or in-kind services) to the project; and3.1.1.4 Must be current on all state tax obligations.3.2 Technical Minimum QualificationsNOTE: It is mandatory that each component listed below in the TechnicalMinimum Qualifications be addressed. Failure to address each component willresult in disqualification of proposal.Vendors/agencies proposing to receive funding through this RFQ must provide a detaileddescription of their proposed service plan, which must include, at a minimum, thefollowing in<strong>for</strong>mation <strong>for</strong> each target population <strong>for</strong> which funding is requested:3.2.1 Allowable Training Activities3.2.1.1 Customized occupational training designed to meet the specialrequirements of an employer (or group of employers), conductedwith a commitment to hire or continue to employ the individual orindividuals upon successful completion of training.3.2.1.2 Customized on-the-job training related to the introduction of newtechnologies, introduction to new production or serviceprocedures, or upgrading to new jobs that require additional skills.3.2.2 Allowable Training ProvidersTraining may be conducted at the business’s own facility, a training provider’sfacility, or a combination of sites.3.2.2.1 Nevada System of Higher Education;3.2.2.2 Training providers approved by Nevada’s Commission on PostSecondary Education;3.2.2.3 Training Providers licensed/certified through other state or federalentities;3.2.2.4 Employees of the applying entity with documented competenciesin the proposed curriculum; or3.2.2.5 Professionals with documented competencies in the proposedoccupational training category.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 6Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.3 Allowable Expenses3.2.3.1 Tuition and registration fees3.2.3.2 Salaries/fees required <strong>for</strong> Instructors’ time dedicated to the trainingoutlined in this proposal3.2.3.3 Curriculum development3.2.3.4 Textbooks, manuals, materials, and supplies3.2.3.5 Training certifications, licenses, credentials3.2.3.6 Training software3.2.3.7 Employee wage reimbursements, upon successful completion ofthe proposed training program, during the initial on-the-jobtraining period3.2.4 Disallowable Expenses3.2.3.7.1 Wage reimbursement is limited to a maximum of50% of the employee’s initially agreed upon grosshourly wage <strong>for</strong> up to 40 hours per week and amaximum wage reimbursement amount of $2,000per employee.3.2.3.7.2 The number of employees <strong>for</strong> which an entity mayrequest wage reimbursement under this proposalcannot exceed 25% of the entity’s current Nevadawork<strong>for</strong>ce or 25 employees, whichever is less.3.2.3.7.3 Wage reimbursement is not allowed <strong>for</strong> overtime,holidays, sick/annual leave, bonus/commission orother paid leave3.2.3.7.4 A family-owned business cannot request wagereimbursement <strong>for</strong> employees who are immediatefamily members3.2.4.1 Costs incurred prior to the execution of the contract3.2.4.2 Construction or purchase of facilities or buildings3.2.4.3 Business relocation expenses3.2.4.4 Employment or training in sectarian activities3.2.4.5 Computer hardware, office furniture and equipment, or otherequipment and machinery3.2.4.6 Indirect costs and/or general overhead3.2.4.7 Profits3.2.4.8 Stipends or bonusesRFQ 1552 RFQ No. 1552 <strong>Page</strong> 7Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.5 Contract Requirements3.2.5.1 Vendors must provide a matching contribution of not less thantwenty-five (25) percent of the project budget.3.2.5.2 Awarded vendors must keep accurate records of the project andretain those records <strong>for</strong> no less than six (6) years.3.2.5.3 Awarded vendors must submit monthly requests <strong>for</strong>reimbursement to the Department of Employment, Training andRehabilitation’s Employment Security Division, Work<strong>for</strong>ceInvestment Support Services unit.3.2.5.3.1 Requests <strong>for</strong> reimbursement of funds will not beaccepted without supporting documentation.3.2.5.3.2 DETR reserves the right to request additionaldocumentation or clarification on any request orreimbursement of funds.3.2.5.4 All projects shall be per<strong>for</strong>mance-based with specific, measurableper<strong>for</strong>mance outcomes, including employment, skills upgrade, andjob retention.3.2.5.4.1 Per<strong>for</strong>mance measures must be reported to DETR.3.2.5.4.2 Per<strong>for</strong>mance measure reports must be receivedquarterly by DETR throughout the projectper<strong>for</strong>mance period.3.2.5.5 Awarded vendors shall provide sufficient documentation asdefined by the Department to identify all program participantsusing <strong>for</strong>ms prescribed by DETR after award of contract(s).3.2.5.6 Final reimbursement will be made to the entity within 30 daysupon receipt by DETR of the final “Request <strong>for</strong> Reimbursement’<strong>for</strong>m and a final project report, along with any necessarydocumentation.3.2.6 Project Per<strong>for</strong>mance Outcomes and Standards3.2.6.1 Vendors are required to track and report, on a quarterly basis,Per<strong>for</strong>mance Outcomes during and up to six (6) months aftercompletion of the project period.3.2.6.2 The final Per<strong>for</strong>mance Outcomes and Standards report mustcontain the final data of all per<strong>for</strong>mance outcomes and standardsthat were achieved as a result of the training.3.2.7 Project NarrativeVendors should clearly identify in the proposal the occupational category andtarget group or groups to be trained: incumbent workers, under-employed, orunemployed individuals. Identify and define the goals and objectives to beachieved with the proposal.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 8Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.7.1 Explain “how’ and/or “why” this specialized training program willimpact or result in at least three (3) of the goals or objectivesidentified below:3.2.7.1.1 Would lower employee turnover3.2.7.1.2 Would save jobs within the company/industry (statehow many)3.2.7.1.3 Would create new jobs with the company/industry(state how many)3.2.7.1.4 Would improve the long-term wage levels oftrainees by at least 10%3.2.7.1.5 Would improve the short-term wage levels oftrainees by at least 5%3.2.7.1.6 Would create openings in entry-level positions3.2.7.1.7 Would create career ladder advancement/trainingopportunities3.2.7.1.8 Would increase employment opportunities <strong>for</strong>trainees3.2.7.1.9 Would improve economic viability in the local area3.2.7.1.10 Would help retain business in Nevada3.2.7.1.11 Would help attract business to Nevada3.2.7.2 Organization Structure3.2.7.3 Project Plan3.2.7.2.1 Identify project management personnel and describethe qualifications, responsibilities, and experienceof each person identified.3.2.7.2.2 Identify whether the organization has an establishedtraining unit or training component and theestimated budget to support employee trainingrequirements.3.2.7.3.1 Identify the amount of the grant requested3.2.7.3.2 Identify both the proposed start and end dates <strong>for</strong>the project.3.2.7.3.3 Describe the plan to accomplish project goals andobjectives, including a project timeline andschedule that defines the major tasks to beper<strong>for</strong>med during each quarter.3.2.7.3.4 Describe the proposed training project – providenumber of trainees, job titles, departments, type oftraining, number of hours of training, any resultingcertifications, and how this training will impact thecompany’s profitability, productivity, and/orviability/sustainability in Nevada.3.2.7.3.5 Complete the CEP Specialized Training Project<strong>for</strong>m and attach a detailed line item narrativedescription of each budget category.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 9Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.7.4 Training Provider In<strong>for</strong>mation3.2.7.5 ReportingIdentify the training provider/location to be utilized.3.2.7.4.1 University or Community College3.2.7.4.2 Private or post-secondary approved provider3.2.7.4.3 Other State or Federal licensed training provider3.2.7.4.4 Employee/private instructor(s)3.2.7.5.1 Describe the process <strong>for</strong> obtaining training statusin<strong>for</strong>mation.3.2.7.5.2 Describe the availability of employee wage and jobretention in<strong>for</strong>mation.3.2.7.5.3 Describe the method/system to be used to documentemployee participation and completion of training<strong>for</strong> reporting purposes.3.2.7.6 Reporting Per<strong>for</strong>mance Outcomes and Standards3.2.7.6.1 Describe the method to be used to track and reportper<strong>for</strong>mance outcomes.3.2.7.6.2 Identify and explain any per<strong>for</strong>mance outcomes andstandards that may be used to evaluate the successof the project in addition to the minimumPer<strong>for</strong>mance Outcomes and Standards listed belowthat must be tracked and reported:OutcomeStandardRetained by Employer six (6) months after training 90% employment retentionIncreased earnings as a result of training10% wage increase <strong>for</strong> completersObtain Certification or Credential80% successful completion3.2.7.7 Project Evaluation and Oversight3.2.7.7.1 Describe the method to be used <strong>for</strong> internalmonitoring and evaluation.3.2.7.7.2 Describe how the in<strong>for</strong>mation gathered will be usedto improve, modify, or revise the project.3.2.7.7.3 Identify if the training project will be continuedafter completion of contract period.3.2.7.8 Project Implementation Timeline3.2.7.8.1 Provide a 12-24 month project implementation timeline.3.2.7.8.2 Identify all funding sources <strong>for</strong> each segment of theproject.3.2.8 Primary Vendor In<strong>for</strong>mationVendors must provide a company profile. In<strong>for</strong>mation shall include:RFQ 1552 RFQ No. 1552 <strong>Page</strong> 10Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.8.1 Company ownership and legal structure (sole proprietor,partnership, etc.)3.2.8.1.1 Incorporated companies must identify the state inwhich the company is incorporated and the date ofincorporation. Please be advised, pursuant to NRS§80.010, incorporated companies must register withthe State of Nevada, Secretary of State’s Office as a<strong>for</strong>eign corporation be<strong>for</strong>e a contract can beexecuted between the State of Nevada and theawarded vendor, unless specifically exempted byNRS §80.015.3.2.8.1.2 The selected vendor, prior to doing business in theState of Nevada, must be appropriately licensed bythe Department of Taxation, in accordance withNRS §360.780.3.2.8.1.3 Disclosure of any alleged significant prior orongoing contract failures, contract breaches, anycivil or criminal litigation or investigation pendingwhich involves the vendor or in which the vendorhas been judged guilty or liable with the State ofNevada.3.2.8.1.4 Is your firm a resident of Nevada or a resident ofanother state? If so, please list the state ofresidence. Does your resident state apply apreference, which is not af<strong>for</strong>ded to bidders orvendors who are residents in the state of Nevada?This in<strong>for</strong>mation may be utilized in determiningwhether an inverse preference applies pursuant toNRS §333.336.3.2.8.1.5 Number of employees locally.3.2.8.1.6 Location(s) from which employees will be assigned.3.2.8.1.7 Has the vendor ever been engaged under contract byany State of Nevada agency?[ ] Yes [ ] No If “Yes,” specify when, <strong>for</strong> whatduties, and <strong>for</strong> which agency.3.2.8.1.8 Is the vendor or any of the vendor’s employeesemployed by the State of Nevada, any of itspolitical subdivisions or by any other government?[ ] Yes [ ] No If “Yes,” is that employee planningto render services while on annual leave,compensatory time, sick leave, or on his own time?3.2.8.1.9 Financial in<strong>for</strong>mation and documentation to beincluded in Part III of your response inaccordance with the Submittal Instructions.3.2.8.1.9.1 Dun and Bradstreet number (if available)3.2.8.1.9.2 Federal Tax Identification NumberRFQ 1552 RFQ No. 1552 <strong>Page</strong> 11Specialized Training Projects Approved 05/07/02Revised 08/06/04

3.2.9 Subcontractor In<strong>for</strong>mation3.2.9.1 Does this proposal include the use of subcontractors?Yes ______ No ______Unknown ______If “Yes”, vendor must:3.2.9.1.1 Identify specific subcontractors and the specificrequirements of this RFQ <strong>for</strong> which each proposedsubcontractor will per<strong>for</strong>m services.3.2.9.1.2 Provide the same in<strong>for</strong>mation <strong>for</strong> any proposedsubcontractors as requested in the Primary VendorIn<strong>for</strong>mation section.3.2.9.1.3 References as specified above must be provided <strong>for</strong>any proposed subcontractors.3.2.9.1.4 The State may require that the awarded vendorprovide proof of payment to any subcontractorsused <strong>for</strong> this project. Proposals should include aplan by which, at the State’s request, the State willbe notified of such payments.3.2.9.1.5 Primary vendor shall not allow any subcontractor tocommence work until all insurance required of thesubcontractor is provided to the using agen3.2.9.1.6 Primary vendor must notify the using agency of theintended use of any subcontractors not identifiedwithin their response and receive agency approvalprior to subcontractor commencing work.4. REFERENCESVendors should provide a minimum of three (3) references from similar projects per<strong>for</strong>med <strong>for</strong>private, state and/or large local government clients within the last three years. Vendors arerequired to submit Attachment D, Reference Form to the business references they list. Thebusiness references must submit the Reference Form directly to the Purchasing Division. Itis the vendor’s responsibility to ensure that completed <strong>for</strong>ms are received by the PurchasingDivision on or be<strong>for</strong>e October 10, 2006, <strong>for</strong> inclusion in the evaluation process. BusinessReferences not received, or not complete, may adversely affect the vendor’s score in theevaluation process. The Purchasing Division may contact any or all business references <strong>for</strong>validation of in<strong>for</strong>mation submitted.4.1 Client name;4.1.1 Project description;4.1.2 Project dates (starting and ending);4.1.3 Staff assigned to reference engagement that will be designated <strong>for</strong> work per thisRFQ;4.1.4 Client project manager name, telephone number, fax number and e-mail address.5. PAYMENT5.1 Payment to subgrantees <strong>for</strong> the awarded service(s) will be within 30 - 45 days uponreceipt of invoice and the using agency’s approval process.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 12Specialized Training Projects Approved 05/07/02Revised 08/06/04

6. SUBMITTAL INSTRUCTIONS6.1 In lieu of a pre-proposal conference, the Purchasing Division will accept questions and/orcomments in writing by e-mail regarding this RFQ as follows:Questions must reference the identifying RFQ number and be addressed to the State ofNevada, Purchasing Division, Attn: Marcy Troescher, Purchasing Officer, 515 E. MusserSt., Suite 300, Carson City, NV 89701, e-mailed to srvpurch@purchasing.state.nv.us.The deadline <strong>for</strong> submitting questions is September 6, 2006, at 5:00 p.m., Pacific Time.All questions and/or comments will be addressed in writing and responses e-mailed orfaxed to prospective vendors on or about September 11, 2006. Please provide companyname, address, phone number, e-mail address, fax number, and contact person whensubmitting questions.6.2 RFQ TimelineTASKDATE/TIMEDeadline <strong>for</strong> submitting questions September 6, 2006Answers to all questions submitted available on or about September 11, 2006Deadline <strong>for</strong> submission of business references October 10, 2006Deadline <strong>for</strong> submission and opening of proposals October 11, 2006Evaluation period October 12-November 1Selection of vendor on or about November 2, 2006NOTE: These dates represent a tentative schedule of events. The State reserves theright to modify these dates at any time, with appropriate notice to prospective vendors.6.3 Proposal submission requirements:6.3.1 Vendors shall submit their response in THREE (3) parts as designated below:Part I: Minimum QualificationsOne (1) original marked “MASTER”Seven (7) identical copiesOne (1) identical copy on CD labeled accordingly and in a caseTHE MINIMUM QUALIFICATIONS MUST INCLUDE ASEPARATE TAB/SECTION LABELED “STATE DOCUMENTS”WHICH SHALL INCLUDE:• <strong>Page</strong> 1 of RFQ• All Amendments to the RFQ• All Attachments requiring signature• Certificate of InsuranceMinimum qualifications must include proof of 25% matching funds.RFQ 1552 RFQ No. 1552 <strong>Page</strong> <strong>13</strong>Specialized Training Projects Approved 05/07/02Revised 08/06/04

Minimum Qualifications must not include Technical or Confidentialin<strong>for</strong>mation.Minimum Qualifications shall be submitted to the State in a sealedpackage and be clearly marked:“Minimum Qualifications in Response to RFQ No. 1552”Part II: Technical Proposal:One (1) original marked “MASTER”Seven (7) identical copiesOne (1) identical copy on CD labeled accordingly and in a case.Technical Proposal shall be submitted to the State in a sealed packageand be clearly marked:“Technical Proposal in Response to RFQ No. 1552”Part III: Confidential In<strong>for</strong>mation (Reference section 3.2.1.8.9):One (1) original marked “MASTER”One (1) identical copyConfidential in<strong>for</strong>mation should only contain the in<strong>for</strong>mation referencedabove, and will not be distributed to the evaluation committee members.Confidential in<strong>for</strong>mation will be used in the analysis of financialstability and litigation history, the findings of which will be reported tothe evaluation committee. In<strong>for</strong>mation relating to vendor’s technicalresponse that is included in the confidential in<strong>for</strong>mation response willnot be included in the evaluation process unless clearly and specificallynoted <strong>for</strong> use by the evaluation committee and the appropriate numberof copies is provided.Confidential In<strong>for</strong>mation shall be submitted to the State in a sealedpackage and be clearly marked:“Confidential In<strong>for</strong>mation in Response to RFQ No. 1552”If the separately sealed proposal, marked as required above, are enclosed in anothercontainer <strong>for</strong> mailing purposes, the outermost container must fully describe the contentsof the package and be clearly marked:REQUEST FOR QUALIFICATIONS NO.: 1552PROPOSAL OPENING DATE: October 11, 2006FOR: Specialized Training Programs6.3.2 Proposal must be received at the address referenced below no later than 2:00p.m. Pacific Time, October 11, 2006. Proposals that do not arrive by proposalopening time and date WILL NOT BE ACCEPTED. Vendors may submit theirproposal any time prior to the above stated deadline.6.3.3 Proposal shall be submitted to:State of Nevada, Purchasing DivisionMarcy Troescher, Services Purchasing515 E. Musser Street, Suite 300Carson City, NV 89701RFQ 1552 RFQ No. 1552 <strong>Page</strong> 14Specialized Training Projects Approved 05/07/02Revised 08/06/04

6.4 The State will not be held responsible <strong>for</strong> proposal envelopes mishandled as a result ofthe envelope not being properly prepared. Facsimile, e-mail or telephone proposals willNOT be considered; however, at the State’s discretion, the proposal may be submitted allor in part on electronic media, as requested within the RFQ document. Proposal may bemodified by facsimile, e-mail or written notice provided such notice is received prior tothe opening of the proposals.6.5 Although it is a public opening, only the names of the vendors submitting proposals willbe announced per NRS §333.335(6). Technical and cost details about proposalssubmitted will not be disclosed. Assistance <strong>for</strong> handicapped, blind or hearing-impairedpersons who wish to attend the RFQ opening is available. If special arrangements arenecessary, please notify the Purchasing Division designee as soon as possible and at leasttwo days in advance of the opening.6.6 If discrepancies are found between two or more copies of the proposal, the master copywill provide the basis <strong>for</strong> resolving such discrepancies. If one copy of the proposal is notclearly marked “MASTER,” the State may reject the proposal. However, the State mayat its sole option, select one copy to be used as the master.6.7 For ease of evaluation, the proposal should be presented in a <strong>for</strong>mat that corresponds toand references sections outlined within this RFQ and should be presented in the sameorder. Responses to each section and subsection should be labeled so as to indicatewhich item is being addressed. Exceptions to this will be considered during theevaluation process.6.8 If complete responses cannot be provided without referencing confidential in<strong>for</strong>mation,such confidential in<strong>for</strong>mation must be provided in accordance with submittal <strong>instructions</strong>and specific references made to the tab, page, section and/or paragraph where theconfidential in<strong>for</strong>mation can be located.6.9 Proposals are to be prepared in such a way as to provide a straight<strong>for</strong>ward, concisedelineation of capabilities to satisfy the requirements of this RFQ. Expensive bindings,colored displays, promotional materials, etc., are not necessary or desired. Emphasisshould be concentrated on con<strong>for</strong>mance to the RFQ <strong>instructions</strong>, responsiveness to theRFQ requirements, and on completeness and clarity of content.610 Descriptions on how any and all equipment and/or services will be used to meet therequirements of this RFQ shall be given, in detail, along with any additional in<strong>for</strong>mationdocuments that are appropriately marked.6.11 The proposal must be signed by the individual(s) legally authorized to bind the vendor,see NRS §333.337.6.12 For ease of responding to the RFQ, vendors are encouraged, but not required, to requestan electronic copy of the RFQ. Electronic copies are available in the following <strong>for</strong>mats:Word 2003 via e-mail, diskette, or on the State Purchasing Division's website in PDF orEXE <strong>for</strong>mat at http://purchasing.state.nv.us. When requesting an RFQ via e-mail ordiskette, vendors should contact the Purchasing Division <strong>for</strong> assistance. In the eventvendors choose to receive the RFQ on diskette, the vendor will be responsible <strong>for</strong>providing a blank 3.5” <strong>for</strong>matted diskette; unless vendors provide a Federal Express,Airborne Express, etc. account number and appropriate return materials, the diskette willbe returned by first class U.S. mail.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 15Specialized Training Projects Approved 05/07/02Revised 08/06/04

6.<strong>13</strong> Vendors utilizing an electronic copy of the RFQ in order to prepare their proposal shouldplace their written response in an easily distinguishable font immediately following theapplicable question.6.14 For purposes of addressing questions concerning this RFQ, the sole contact will be thePurchasing Division. Upon issuance of this RFQ, other employees and representativesof the agencies identified in the RFQ will not answer questions or otherwise discuss thecontents of this RFQ with any prospective vendors or their representatives. Failure toobserve this restriction may result in disqualification of any subsequent proposal NAC§333.155(3). This restriction does not preclude discussions between affected parties <strong>for</strong>the purpose of conducting business unrelated to this procurement.6.15 A vendor who believes proposal requirements or specifications are unnecessarilyrestrictive or limit competition may submit a request <strong>for</strong> administrative review, inwriting, to the Purchasing Division. To be considered, a request <strong>for</strong> review must bereceived no later than the deadline <strong>for</strong> submission of questions.The Purchasing Division shall promptly respond in writing to each written reviewrequest, and where appropriate, issue all revisions, substitutions or clarifications througha written amendment to the RFQ.Administrative review of technical or contractual requirements shall include the reason<strong>for</strong> the request, supported by factual in<strong>for</strong>mation, and any proposed changes to therequirements.6.16 If a vendor changes any material RFQ language, vendor’s response may be deemed nonresponsive.NRS §333.311.6.17 Vendors are cautioned that some services may contain licensing requirement(s). Vendorsshall be proactive in verification of these requirements prior to proposal submittal.Proposals, which do not contain the requisite licensure, may be deemed non-responsive.However, this does not negate any applicable Nevada Revised Statute (NRS)requirements.7. QUALIFICATION EVALUATIONS AND AWARD PROCESS7.1 General Minimum Qualifications shall be evaluated on a pass/fail basis. Only vendorswho meet the General Minimum Qualifications will have their Technical proposalsconsidered. Technical proposals shall be consistently evaluated and scored in accordancewith NRS §333.335 based upon the following criteria listed in order of importance:Technical Minimum Qualifications• Alignment of expected outcomes with intent of this project• Reasonableness of cost• Con<strong>for</strong>mance with the terms of this RFQ• Demonstrated competence• Expertise and availability of key personnel• Experience in per<strong>for</strong>mance of comparable engagementsNote: Financial stability will be scored on a pass/fail basisProposals shall be kept confidential until a contract is awarded.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 16Specialized Training Projects Approved 05/07/02Revised 08/06/04

7.2 The evaluation committee may also contact the references provided in response to theSection identified as Company Background and References; contact any vendor to clarifyany response; contact any current users of a vendor’s services; solicit in<strong>for</strong>mation fromany available source concerning any aspect of a proposal; and seek and review any otherin<strong>for</strong>mation deemed pertinent to the evaluation process. The evaluation committee shallnot be obligated to accept the lowest priced proposal, but shall make awards in the bestinterests of the State of Nevada NRS § 333.335(5)7.3 Each vendor must include in its proposal a complete disclosure of any alleged significantprior or ongoing contract failures, contract breaches, any civil or criminal litigation orinvestigations pending which involves the vendor or in which the vendor has been judgedguilty or liable. Failure to comply with the terms of this provision may disqualify anyproposal. The State reserves the right to reject any proposal based upon the vendor’sprior history with the State or with any other party, which documents, without limitation,unsatisfactory per<strong>for</strong>mance, adversarial or contentious demeanor, significant failure(s) tomeet contract milestones or other contractual failures. <strong>See</strong> generally, NRS §333.335.7.4 Clarification discussions may, at the State’s sole option, be conducted with vendors whosubmit proposals determined to be acceptable and competitive per NAC §333.165.Vendors shall be accorded fair and equal treatment with respect to any opportunity <strong>for</strong>discussion and/or written revisions of proposals. Such revisions may be permitted aftersubmissions and prior to award <strong>for</strong> the purpose of obtaining best and final offers. Inconducting discussions, there shall be no disclosure of any in<strong>for</strong>mation derived fromproposals submitted by competing vendors.7.5 A Notification of Intent to Award shall be issued in accordance with NAC §333.170.Any award is contingent upon the successful negotiation of final contract terms andupon approval of the State of Nevada Board of Examiners. Negotiations shall beconfidential and not subject to disclosure to competing vendors unless and until anagreement is reached. If contract negotiations cannot be concluded successfully, theState upon written notice to all vendors may negotiate a contract with the next highestscoring vendor or withdraw the RFQ.7.6 Any contract resulting from this RFQ shall not be effective unless and until approved bythe Nevada State Board of Examiners (NRS 284.173).8. TERMS, CONDITIONS AND EXCEPTIONS8.1 Per<strong>for</strong>mance of vendors will be rated semi-annually following contract award and thenannually <strong>for</strong> the term of the contract by the using State agency in six categories: customerservice; timeliness; quality; technology; flexibility; and pricing. Vendors will be notifiedin writing of their rating.8.2 In accordance with Nevada Revised Statute 333.336, if a vendor submitting a proposal inresponse to this solicitation is a resident of another state, and with respect to contractsawarded by that state, applies to vendors who are residents of that state a preference,which is not af<strong>for</strong>ded to vendors or contractors who are residents of the State of Nevada,the State of Nevada, Purchasing Division shall, insofar as is practicable, increase the outof state vendor’s proposal by an amount that is substantially equivalent to the preferencethat the other state of which the vendor is a resident denies to vendors or contractors whoare residents of the State of Nevada.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 17Specialized Training Projects Approved 05/07/02Revised 08/06/04

8.3 This procurement is being conducted in accordance with NRS chapter 333 and NACchapter 333.8.4 The State reserves the right to alter, amend, or modify any provisions of this RFQ, or towithdraw this RFQ, at any time prior to the award of a contract pursuant hereto, if it is inthe best interest of the State to do so.8.5 The State reserves the right to waive in<strong>for</strong>malities and minor irregularities in proposalsreceived.8.6 The State reserves the right to reject any or all proposals received prior to contract award(NRS §333.350).8.7 The State shall not be obligated to accept the lowest priced proposal, but will make anaward in the best interests of the State of Nevada after all factors have been evaluated(NRS §333.335).8.8 Any irregularities or lack of clarity in the RFQ should be brought to the PurchasingDivision designee’s attention as soon as possible so that corrective addenda may befurnished to prospective vendors.8.9 Proposals must include any and all proposed terms and conditions, including, withoutlimitation, written warranties, maintenance/service agreements, license agreements, leasepurchase agreements and the vendor’s standard contract language. The omission of thesedocuments renders a proposal non-responsive.8.10 Alterations, modifications or variations to a proposal may not be considered unlessauthorized by the RFQ or by addendum or amendment.8.11 Proposals that appear unrealistic in the terms of technical commitments, lack of technicalcompetence, or are indicative of failure to comprehend the complexity and risk of thiscontract, may be rejected.8.12 Proposals from employees of the State of Nevada will be considered in as much as theydo not conflict with the State Administrative Manual, NRS Chapter §281 and NRSChapter §284.8.<strong>13</strong> Proposals may be withdrawn by written or facsimile notice received prior to the proposalopening time. Withdrawals received after the proposal opening time will not beconsidered except as authorized by NRS §333.350(3).8.14 The price and amount of this proposal must have been arrived at independently andwithout consultation, communication, agreement or disclosure with or to any othercontractor, vendor or prospective vendor. Collaboration among competing vendors aboutpotential proposals submitted pursuant to this RFQ is prohibited and may disqualify thevendor.8.15 No attempt may be made at any time to induce any firm or person to refrain fromsubmitting a proposal or to submit any intentionally high or noncompetitive proposal.All proposals must be made in good faith and without collusion.8.16 Prices offered by vendors in their proposals are an irrevocable offer <strong>for</strong> the term of thecontract and any contract extensions. The awarded vendor agrees to provide thepurchased services at the costs, rates and fees as set <strong>for</strong>th in their proposal in response toRFQ 1552 RFQ No. 1552 <strong>Page</strong> 18Specialized Training Projects Approved 05/07/02Revised 08/06/04

this RFQ. No other costs, rates or fees shall be payable to the awarded vendor <strong>for</strong>implementation of their proposal.8.17 The State is not liable <strong>for</strong> any costs incurred by vendors prior to entering into a<strong>for</strong>mal contract. Costs of developing the proposal or any other such expensesincurred by the vendor in responding to the RFQ, are entirely the responsibility ofthe vendor, and shall not be reimbursed in any manner by the State.8.18 All proposals submitted become the property of the State, selection or rejection does notaffect this right; proposals will be returned only at the State’s option and at the vendor’srequest and expense. The master technical proposal, the master cost proposal andConfidential In<strong>for</strong>mation of each response shall be retained <strong>for</strong> official files. Only themaster technical proposal and master cost proposal will become public record after theaward of a contract. The failure to separately package and clearly mark Part III – whichcontains Confidential In<strong>for</strong>mation, Trade Secrets, and/or Proprietary In<strong>for</strong>mation shallconstitute a complete waiver of any and all claims <strong>for</strong> damages caused by release of thein<strong>for</strong>mation by the State.8.19 A proposal submitted in response to this RFQ must identify any subcontractors, andoutline the contractual relationship between the awarded vendor and each subcontractor.An official of each proposed subcontractor must sign, and include as part of thequalifications submitted in response to this RFQ, a statement to the effect that thesubcontractor has read and will agree to abide by the awarded vendor’s obligations.8.20 The awarded vendor will be the sole point of contract responsibility. The State will looksolely to the awarded vendor <strong>for</strong> the per<strong>for</strong>mance of all contractual obligations, whichmay result from an award based on this RFQ, and the awarded vendor shall not berelieved <strong>for</strong> the non-per<strong>for</strong>mance of any or all subcontractors.8.21 The awarded vendor must maintain, <strong>for</strong> the duration of its contract, insurance coveragesas set <strong>for</strong>th in the Insurance Schedule of the contract <strong>for</strong>m appended to this RFQ. Workon the contract shall not begin until after the awarded vendor has submitted acceptableevidence of the required insurance coverages. Failure to maintain any required insurancecoverage or acceptable alternative method of insurance will be deemed a breach ofcontract.Notwithstanding any other requirement of this section, the State reserves the right toconsider reasonable alternative methods of insuring the contract in lieu of the insurancepolicies required by the above-stated Insurance Schedule. It will be the awarded vendor’sresponsibility to recommend to the State alternative methods of insuring the contract.Any alternatives proposed by a vendor should be accompanied by a detailed explanationregarding the vendor’s inability to obtain insurance coverage as described above. TheState shall be the sole and final judge as to the adequacy of any substitute <strong>for</strong>m ofinsurance coverage.8.22 Each vendor must disclose any existing or potential conflict of interest relative to theper<strong>for</strong>mance of the contractual services resulting from this RFQ. Any such relationshipthat might be perceived or represented as a conflict should be disclosed. By submittingqualifications in response to this RFQ, vendors affirm that they have not given, nor intendto give at any time hereafter, any economic opportunity, future employment, gift, loan,gratuity, special discount, trip, favor, or service to a public servant or any employee orrepresentative of same, in connection with this procurement. Any attempt to intentionallyRFQ 1552 RFQ No. 1552 <strong>Page</strong> 19Specialized Training Projects Approved 05/07/02Revised 08/06/04

or unintentionally conceal or obfuscate a conflict of interest will automatically result inthe disqualification of a vendor’s proposal. An award will not be made where a conflictof interest exists. The State will determine whether a conflict of interest exists andwhether it may reflect negatively on the State’s selection of a vendor. The State reservesthe right to disqualify any vendor on the grounds of actual or apparent conflict of interest.8.23 The State will not be liable <strong>for</strong> Federal, State, or Local excise taxes NRS §372.325.8.24 Attachment B of this RFQ shall constitute an agreement to all terms and conditionsspecified in the RFQ, including, without limitation, the Attachment C contract <strong>for</strong>m andall terms and conditions therein, except such terms and conditions that the vendorexpressly excludes. Exceptions will be taken into consideration as part of the evaluationprocess.8.25 The State reserves the right to negotiate final contract terms with any vendor selectedNAC §333.170. The contract between the parties will consist of the RFQ together withany modifications thereto, and the awarded vendor’s proposal, together with anymodifications and clarifications thereto that are submitted at the request of the Stateduring the evaluation and negotiation process. In the event of any conflict orcontradiction between or among these documents, the documents shall control in thefollowing order of precedence: the final executed contract, the RFQ, any modificationsand clarifications to the awarded vendor’s proposal, and the awarded vendor’s proposal.Specific exceptions to this general rule may be noted in the final executed contract.8.26 Vendor understands and acknowledges that the representations above are material andimportant, and will be relied on by the State in evaluation of the proposal. Any vendormisrepresentation shall be treated as fraudulent concealment from the State of the truefacts relating to the proposal.8.27 No announcement concerning the award of a contract as a result of this RFQ can be madewithout the prior written approval of the State.8.28 The Nevada Attorney General will not render any type of legal opinion regarding thistransaction.8.29 Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 andchapter 333 of the Nevada Administrative Code.8.30 Any person who requests or receives a Federal contract, grant, loan or cooperativeagreement shall file with the using agency a certification that the person making thedeclaration has not made, and will not make, any payment prohibited by subsection (a) of31 U.S.C. §<strong>13</strong>52.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 20Specialized Training Projects Approved 05/07/02Revised 08/06/04

9. SUBMISSION CHECKLISTThis checklist is provided <strong>for</strong> vendor’s convenience only and identifies documents that must besubmitted with each package in order to be considered responsive. Any proposals receivedwithout these requisite documents may be deemed non-responsive and not considered <strong>for</strong>contract award.Part I:1. Required number of General Minimum Qualification proposals(per Submittal Instructions)Completed__________Part II:1. Required number of Technical proposals (per Submittal Instructions) __________2. Required Forms to be submitted with technical qualification undersection/tab labeled “State Documents”;__________a. <strong>Page</strong> 1 of the RFQ completed __________b. All Amendments completed and signed __________c. Primary Vendor Attachments A & B signed __________d. Subcontractor Attachment A & B signed (if applicable) __________e. Primary Vendor In<strong>for</strong>mation provided __________f. Subcontractor In<strong>for</strong>mation provided (if applicable) __________g. Certificate of Insurance __________h. (other)_______________________________________ __________Part III:1. Required number of Confidential In<strong>for</strong>mation (per Submittal Instructionsand defined in Acronyms/Definitions)__________2. Financial In<strong>for</strong>mation __________REMINDERS:.1. Send out Reference <strong>for</strong>ms <strong>for</strong> Primary Vendor (with Part A completed) __________2. Send out Reference <strong>for</strong>ms <strong>for</strong> Subcontractors (with Part A completed) (if applicable) __________RFQ 1552 RFQ No. 1552 <strong>Page</strong> 21Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment ACONFIDENTIALITY OF PROPOSALS ANDCERTIFICATION OF INDEMNIFICATIONPRIMARY VENDORSubmitted proposals, which are marked “confidential” in their entirety, or those in which a significantportion of the submitted qualification is marked “confidential” will not be accepted by the State ofNevada. Pursuant to NRS §333.333, only specific parts of the qualification may be labeled a “tradesecret” as defined in NRS §600A.030(5). All proposals are confidential until the contract is awarded; atwhich time, both successful and unsuccessful vendors’ technical and cost proposals become publicin<strong>for</strong>mation. In accordance with the Submittal Instructions of this document, vendors are requested tosubmit confidential in<strong>for</strong>mation in a separate envelope or binder marked “confidential.”The State will not be responsible <strong>for</strong> any in<strong>for</strong>mation contained within the qualification should vendorsnot comply with the labeling and packing requirements, proposals will be released as submitted. In theevent a governing board acts as the final authority, there may be public discussion regarding thesubmitted proposals that will be in an open meeting <strong>for</strong>mat, the proposals will remain confidential.By signing below, I understand it is my responsibility as the vendor to act in protection of the labeledin<strong>for</strong>mation and agree to defend and indemnify the State of Nevada <strong>for</strong> honoring such designation. Iduly realize failure to so act will constitute a complete waiver and all submitted in<strong>for</strong>mation will becomepublic in<strong>for</strong>mation; additionally, failure to label any in<strong>for</strong>mation that is released by the State shallconstitute a complete waiver of any and all claims <strong>for</strong> damages caused by the release of the in<strong>for</strong>mation.This qualification contains either Confidential In<strong>for</strong>mation, Trade Secrets and/or Proprietary in<strong>for</strong>mationas defined in Section 2 “ACRONYMS/DEFINITIONS.”YES__________NO___________SIGNATURE ________________________________Primary Vendor___________________DatePRINT NAME ________________________________Primary VendorThis document must be submitted in the “StateDocuments” section/tab of vendors’ technical proposalRFQ 1552 RFQ No. 1552 <strong>Page</strong> 22Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment ACONFIDENTIALITY OF PROPOSALS ANDCERTIFICATION OF INDEMNIFICATIONSUBCONTRACTORSubmitted proposals, which are marked “confidential” in their entirety, or those in which a significantportion of the submitted qualifications is marked “confidential” will not be accepted by the State ofNevada. Pursuant to NRS §333.333, only specific parts of the qualifications may be labeled a “tradesecret” as defined in NRS §600A.030(5). All proposals are confidential until the contract is awarded; atwhich time, both successful and unsuccessful vendors’ technical and cost proposals become publicin<strong>for</strong>mation. In accordance with the Submittal Instructions of this document, vendors are requested tosubmit confidential in<strong>for</strong>mation in a separate envelope or binder marked “confidential.”The State will not be responsible <strong>for</strong> any in<strong>for</strong>mation contained within the qualifications should vendorsnot comply with the labeling and packaging submission requirements, qualifications will be released assubmitted. In the event a governing board acts as the final authority, there may be public discussionregarding the submitted qualifications that will be in an open meeting <strong>for</strong>mat, the proposals will remainconfidential.By signing below, I understand it is my responsibility as the vendor to act in protection of the labeledin<strong>for</strong>mation and agree to defend and indemnify the State of Nevada <strong>for</strong> honoring such designation. Iduly realize failure to so act will constitute a complete waiver and all submitted in<strong>for</strong>mation will becomepublic in<strong>for</strong>mation; additionally, failure to label any in<strong>for</strong>mation that is released by the State shallconstitute a complete waiver of any and all claims <strong>for</strong> damages caused by the release of the in<strong>for</strong>mation.This qualifications contains either Confidential In<strong>for</strong>mation, Trade Secrets and/or Proprietaryin<strong>for</strong>mation as defined in Section 2 “ACRONYMS/DEFINITIONS.”YES__________NO___________SIGNATURE ________________________________Subcontractor___________________DatePRINT NAME ________________________________SubcontractorThis document must be submitted in the “StateDocuments” section/tab of vendors’ technical proposalRFQ 1552 RFQ No. 1552 <strong>Page</strong> 23Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment BCERTIFICATION OF COMPLIANCE WITHTERMS AND CONDITIONS OF RFQPRIMARY VENDORI have read, understand and agree to comply with the terms and conditions specified in this Request <strong>for</strong>Qualifications.Checking “YES” indicates acceptance of all terms and conditions, while checking “NO” denotes nonacceptanceand vendor’s exceptions should be detailed below. In order <strong>for</strong> any exceptions to beconsidered they MUST be documented.YES _______ I agree.NO _______ Exceptions below:SIGNATURE ________________________________Primary Vendor___________________DatePRINT NAME ________________________________Primary VendorRFQ SECTIONNUMBERRFQ PAGENUMBEREXCEPTION SUMMARY FORMEXCEPTION(PROVIDE A DETAILED EXPLANATION)Attach additional sheets if necessary. Please use this <strong>for</strong>mat.This document must be submitted in the “StateDocuments” section/tab of vendors’ technical proposalRFQ 1552 RFQ No. 1552 <strong>Page</strong> 24Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment BCERTIFICATION OF COMPLIANCE WITHTERMS AND CONDITIONS OF RFQSUBCONTRACTORI have read, understand and agree to comply with the terms and conditions specified in this Request <strong>for</strong>Qualifications.Checking “YES” indicates acceptance of all terms and conditions, while checking “NO” denotes nonacceptanceand vendor’s exceptions should be detailed below. In order <strong>for</strong> any exceptions to beconsidered they MUST be documented.YES _______ I agree.NO _______ Exceptions below:SIGNATURE ________________________________Subcontractor___________________DatePRINT NAME ________________________________SubcontractorRFQ SECTIONNUMBERRFQ PAGENUMBEREXCEPTION SUMMARY FORMEXCEPTION(PROVIDE A DETAILED EXPLANATION)Attach additional sheets if necessary. Please use this <strong>for</strong>mat.This document must be submitted in the “StateDocuments” section/tab of vendors’ technical proposalRFQ 1552 RFQ No. 1552 <strong>Page</strong> 25Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment CCONTRACT FORMThe following State Contract Form is provided as a courtesy to vendors interested inresponding to this RFQ. Please review the terms and conditions in this <strong>for</strong>m, as this isthe standard contract used by the State <strong>for</strong> all services of independent contractors. It is notnecessary <strong>for</strong> vendors to complete the Contract Form with their qualifications responses.All vendors/agencies are required to submit a Certificate of Insurance in the “StateDocuments tab/section of their technical qualifications identifying the coverages andminimum limits currently in effect.Please pay particular attention to the insurance requirements, as specified inparagraph 16 of the attached contract.As with all other requirements of this RFQ, vendors may take exception to any of theterms in the Contract Form, including the required insurance limits. Exceptions will beconsidered during the evaluation process.Unless specified as above, the insurance minimum limits will be negotiated at the timethe State issues a Letter of Intent to Award.

For Purchasing Use Only:RFQ/CONTRACT #1552CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTORA Contract Between the State of NevadaActing By and Through Its(NAME, ADDRESS, PHONE AND FACSIMILE NUMBER OF CONTRACTING AGENCY)and(NAME, CONTACT PERSON, ADDRESS, PHONE, FACSIMILE NUMBER OF INDEPENDENT CONTRACTOR)WHEREAS, NRS 284.173 authorizes elective officers, heads of departments, boards, commissions or institutions to engage,subject to the approval of the Board of Examiners, services of persons as independent contractors; andWHEREAS, it is deemed that the service of Contractor are both necessary and in the best interests of the State of Nevada;NOW, THEREFORE, in consideration of the a<strong>for</strong>esaid premises, the parties mutually agree as follows:1. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Nevada State Board ofExaminers.2. DEFINITIONS. “State” means the State of Nevada and any state agency identified herein, its officers, employees andimmune contractors as defined in NRS §41.0307. “Independent Contractor” means a person or entity that per<strong>for</strong>ms servicesand/or provides goods <strong>for</strong> the State under the terms and conditions set <strong>for</strong>th in this Contract. “Fiscal Year” is defined as theperiod beginning July 1 and ending June 30 of the following year.3. CONTRACT TERM. This Contract shall be effective from subject to Board of Examiners’ approval (anticipatedto be ) to , unless sooner terminated by either party as specified in paragraph (10).4. NOTICE. Unless otherwise specified, termination shall not be effective until ____ calendar days after a party has servedwritten notice of default, or without cause upon the other party. All notices or other communications required or permitted to begiven under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, bytelephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on thedate posted, and addressed to the other party at the address specified above.5. INCORPORATED DOCUMENTS. The parties agree that the scope of work shall be specifically described; this Contractincorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall notcontradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such changeappearing in this Contract:ATTACHMENT AA: STATE SOLICITATION (RFQ #_______) and ATTACHMENTS #1, ETC.;SCOPE OF WORKATTACHMENT BB: CONTRACTOR'S RESPONSE6. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph (5) at a cost of $____________ per ____________ (state the exact cost or hourly, daily, or weekly rate exclusive of travel or per diem expenses)with the total Contract or installments payable: ______________, not to exceed $ __________. The State does not agree toreimburse Contractor <strong>for</strong> expenses unless otherwise specified in the incorporated attachments. Any intervening end to a biennialappropriation period shall be deemed an automatic renewal (not changing the overall Contract term) or a termination as theresults of legislative appropriation may require.7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are alsospecifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified.8. TIMELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the contract andrecognize that the State is on a fiscal year. All billings <strong>for</strong> dates of service prior to July 1 must be submitted to the State no laterthan the first Friday in August of the same year. A billing submitted after the first Friday in August, which <strong>for</strong>ces the State toprocess the billing as a stale claim pursuant to NRS 353.097, will subject the Contractor to an administrative fee not to exceedRFQ 1552 RFQ No. 1552 <strong>Page</strong> 27Specialized Training Projects Approved 05/07/02Revised 08/06/04

$100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as astale claim and that this amount will be deducted from the stale claim payment due to the Contractor.9. INSPECTION & AUDIT.a. Books and Records. Contractor agrees to keep and maintain under general accepted accounting principles (GAAP) full,true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United StatesGovernment, or their authorized representatives, upon audits or reviews, sufficient in<strong>for</strong>mation to determine compliance withall state and federal regulations and statutes.b. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise),including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financialstatements and supporting documentation, and documentation related to the work product shall be subject, at any reasonabletime, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may befound, with or without notice by the State Auditor, the relevant state agency or its contracted examiners, the Department ofAdministration, Budget Division, the Nevada State Attorney General's Office or its Fraud Control Units, the State LegislativeAuditor, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General AccountingOffice, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirementsof this paragraph.c. Period of Retention. All books, records, reports, and statements relevant to this Contract must be retained a minimum threeyears and <strong>for</strong> five years if any federal funds are used in the Contract. The retention period runs from the date of payment <strong>for</strong>the relevant goods or services by the State, or from the date of termination of the Contract, whichever is later. Retention timeshall be extended when an audit is scheduled or in progress <strong>for</strong> a period reasonably necessary to complete an audit and/or tocomplete any administrative and judicial litigation which may ensue.10. CONTRACT TERMINATION.a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may beterminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.b. State Termination <strong>for</strong> Nonappropriation. The continuation of this Contract beyond the current biennium is subject to andcontingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/orfederal sources. The State may terminate this Contract, and Contractor waives any and all claim(s) <strong>for</strong> damages, effectiveimmediately upon receipt of written notice (or any date specified therein) if <strong>for</strong> any reason the Contracting Agency’s fundingfrom State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.c. Cause Termination <strong>for</strong> Default or Breach. A default or breach may be declared with or without termination. This Contractmay be terminated by either party upon written notice of default or breach to the other party as follows:i. If Contractor fails to provide or satisfactorily per<strong>for</strong>m any of the conditions, work, deliverables, goods, or servicescalled <strong>for</strong> by this Contract within the time requirements specified in this Contract or within any granted extension ofthose time requirements; orii. If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required bystatute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is<strong>for</strong> any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; oriii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to thejurisdiction of the bankruptcy court; oriv. If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's abilityto per<strong>for</strong>m; orv. If it is found by the State that any quid pro quo or gratuities in the <strong>for</strong>m of money, services, entertainment, gifts, orotherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee ofthe State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding,extending, amending, or making any determination with respect to the per<strong>for</strong>ming of such contract; orvi. If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to theper<strong>for</strong>mance of this Contract.d. Time to Correct. Termination upon a declared default or breach may be exercised only after service of <strong>for</strong>mal written noticeas specified in paragraph (4), and the subsequent failure of the defaulting party within 15 calendar days of receipt of thatnotice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.e. Winding Up Affairs Upon Termination. In the event of termination of this Contract <strong>for</strong> any reason, the parties agree thatthe provisions of this paragraph survive termination:i. The parties shall account <strong>for</strong> and properly present to each other all claims <strong>for</strong> fees and expenses and pay those whichare undisputed and otherwise not subject to set off under this Contract. Neither party may withhold per<strong>for</strong>mance ofwinding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;RFQ 1552 RFQ No. 1552 <strong>Page</strong> 28Specialized Training Projects Approved 05/07/02Revised 08/06/04

ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if sorequested by the Contracting Agency;iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract ifso requested by the Contracting Agency;iv. Contractor shall preserve, protect and promptly deliver into State possession all proprietary in<strong>for</strong>mation inaccordance with paragraph (21).11. REMEDIES. Except as otherwise provided <strong>for</strong> by law or this Contract, the rights and remedies of the parties shall not beexclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actualdamages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' feesshall include without limitation $125 per hour <strong>for</strong> State-employed attorneys. The State may set off consideration against anyunpaid obligation of Contractor to any State agency in accordance with NRS 353C.190.12. LIMITED LIABILITY. The State will not waive and intends to assert available NRS chapter 41 liability limitations in allcases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unlessotherwise specified in the incorporated attachments. Damages <strong>for</strong> any State breach shall never exceed the amount of fundsappropriated <strong>for</strong> payment under this Contract, but not yet paid to Contractor, <strong>for</strong> the fiscal year budget in existence at the time ofthe breach. Damages <strong>for</strong> any Contractor breach shall not exceed 150% of the contract maximum “not to exceed” value.Contractor’s tort liability shall not be limited.<strong>13</strong>. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from per<strong>for</strong>ming anyof its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy,accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an eventthe intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated topromptly per<strong>for</strong>m in accordance with the terms of the Contract after the intervening cause ceases.14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, notexcluding the State's right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses,including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged negligent or willful acts oromissions of Contractor, its officers, employees and agents.15. INDEPENDENT CONTRACTOR. Contractor is associated with the State only <strong>for</strong> the purposes and to the extent specifiedin this Contract, and in respect to per<strong>for</strong>mance of the contracted services pursuant to this Contract, Contractor is and shall be anindependent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate,control, and direct per<strong>for</strong>mance of the details incident to its duties under this Contract. Nothing contained in this Contract shallbe deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principalagent,or to otherwise create any liability <strong>for</strong> the State whatsoever with respect to the indebtedness, liabilities, and obligations ofContractor or any other party. Contractor shall be solely responsible <strong>for</strong>, and the State shall have no obligation with respect to:(1) withholding of income taxes, FICA or any other taxes or fees; (2) industrial insurance coverage; (3) participation in anygroup insurance plans available to employees of the State; (4) participation or contributions by either Contractor or the State tothe Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensationcoverage provided by the State. Contractor shall indemnify and hold State harmless from, and defend State against, any and alllosses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise withrespect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be consideredemployees, agents, or representatives of the State. The State and Contractor shall evaluate the nature of services and termnegotiated in order to determine "independent contractor" status and shall monitor the work relationship throughout the term ofthe Contract to ensure that the independent contractor relationship remains as such. To assist in determining the appropriatestatus (employee or independent contractor), Contractor represents as follows:This space blank intentionallyRFQ 1552 RFQ No. 1552 <strong>Page</strong> 29Specialized Training Projects Approved 05/07/02Revised 08/06/04

Contractor's InitialsYESNO1. Does the Contracting Agency have the right to require control of when, whereand how the independent contractor is to work?2. Will the Contracting Agency be providing training to the independentcontractor?3. Will the Contracting Agency be furnishing the independent contractor withworker's space, equipment, tools, supplies or travel expenses?4. Are any of the workers who assist the independent contractor in per<strong>for</strong>mance ofhis/her duties employees of the State of Nevada?5. Does the arrangement with the independent contractor contemplate continuingor recurring work (even if the services are seasonal, part-time, or of shortduration)?6. Will the State of Nevada incur an employment liability if the independentcontractor is terminated <strong>for</strong> failure to per<strong>for</strong>m?7. Is the independent contractor restricted from offering his/her services to thegeneral public while engaged in this work relationship with the State?16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor, as an independent contractor andnot an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay alltaxes and fees incident hereunto. The State shall have no liability except as specifically provided in the Contract. TheContractor shall not commence work be<strong>for</strong>e:1) Contractor has provided the required evidence of insurance to the Contracting Agency of the State, and2) The State has approved the insurance policies provided by the Contractor.Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under thisContract and the State’s approval of any changes to insurance coverage during the course of per<strong>for</strong>mance shall constitute anongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of thecondition.Insurance Coverage: The Contractor shall, at the Contractor’s sole expense, procure, maintain and keep in <strong>for</strong>ce <strong>for</strong> theduration of the Contract the following insurance con<strong>for</strong>ming to the minimum requirements specified below. Unlessspecifically specified herein or otherwise agreed to by the State, the required insurance shall be in effect prior to thecommencement of work by the Contractor and shall continue in <strong>for</strong>ce as appropriate until the latter of:1. Final acceptance by the State of the completion of this Contract; or2. Such time as the insurance is no longer required by the State under the terms of this Contract.Any insurance or self-insurance available to the State shall be excess of and non-contributing with any insurance requiredfrom Contractor. Contractor’s insurance policies shall apply on a primary basis. Until such time as the insurance is no longerrequired by the State, Contractor shall provide the State with renewal or replacement evidence of insurance no less than thirty(30) days be<strong>for</strong>e the expiration or replacement of the required insurance. If at any time during the period when insurance isrequired by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractorhas knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance orbond with an insurer meeting the requirements.Workers’ Compensation and Employer’s Liability Insurance1) Contractor shall provide proof of worker’s compensation insurance as required of Nevada Revised StatutesChapters 616A through 616D inclusive.2) Employer’s Liability insurance with a minimum limit of $500,000 each employee per accident <strong>for</strong> bodily injuryby accident or disease.If this contract is <strong>for</strong> temporary or leased employees, an Alternate Employer endorsement must be attached tothe Contractor’s workers’ compensation insurance policy.3) If the Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to notpurchase industrial insurance <strong>for</strong> himself/herself, the sole proprietor must submit to the contracting State agencya fully executed “Affidavit of Rejection of Coverage Under NRS 616B627 and NRS 617.210” <strong>for</strong>m.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 30Specialized Training Projects Approved 05/07/02Revised 08/06/04

Commercial General Liability Insurance1) Minimum Limits required:$2,000,000.00 General Aggregate$2,000,000.00 Products & Completed Operations Aggregate$1,000,000.00 Personal and Advertising Injury$1,000,000.00 Each Occurrence2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 <strong>for</strong>m CG 00 01 (or a substitute<strong>for</strong>m providing equivalent coverage); and shall cover liability arising from premises, operations, independentcontractors, completed operations, personal injury, products, civil lawsuits, Title VII actions and liability assumedunder an insured contract (including the tort liability of another assumed in a business contract).Business Automobile Liability Insurance1) Minimum Limit required: $ 1,000,000.00 Each Occurrence <strong>for</strong> bodily injury and property damage.2) Coverage shall be <strong>for</strong> “any auto” (including owned, non-owned and hired vehicles).The policy shall be written on ISO <strong>for</strong>m CA 00 01 or a substitute providing equivalent liability coverage. Ifnecessary, the policy shall be endorsed to provide contractual liability coverage.Professional Liability Insurance1) Minimum Limit required: $_1,000.000.00 Each Claim2) Retroactive date: Prior to commencement of the per<strong>for</strong>mance of the contract3) Discovery period: Three (3) years after termination date of contract.4) A certified copy of this policy may be required.Umbrella or Excess Liability Insurance1) May be used to achieve the above minimum liability limits.2) Shall be endorsed to state it is “As Broad as Primary Policy”Commercial Crime InsuranceMinimum Limit required: $ 500,000.00 Per Loss <strong>for</strong> Employee DishonestyThis insurance shall be underwritten on a blanket <strong>for</strong>m amending the definition of “employee” to include all employeesof the Vendor regardless of position or category.Per<strong>for</strong>mance SecurityAmount required: $ waived1) Security may be in the <strong>for</strong>m of surety bond, Certificate of Deposit or Treasury Note payable to the State ofNevada, only.2) The security shall be deposited with the contracting State agency no later than ten (10) working days followingaward of the Contract to Contractor.3) Upon successful Contract completion, the security and all interest earned, if any, shall be returned to theContractor.General Requirements:a. Additional Insured: By endorsement to the general liability insurance policy evidenced by Contractor, The State ofNevada, Department of Employment, Training, and Rehabilitation, its officers, employees and immune contractorsas defined in NRS41.0307 shall be named as additional insureds <strong>for</strong> all liability arising from the Contract.b. Waiver of Subrogation: Each liability insurance policy shall provide <strong>for</strong> a waiver of subrogation as to additionalinsureds.c. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be achieve under thestandard ISO separation of insureds clause.d. Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis withoutapplication of a deductible or self-insured retention unless otherwise specifically agreed to by the State. Such approvalshall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or selfinsuredretention shall not exceed $5,000 per occurrence, unless otherwise approved by the Risk ManagementDivision.e. Policy Cancellation: Except <strong>for</strong> ten days notice <strong>for</strong> non-payment of premium, each insurance policy shall be endorsedto state that; without thirty (30) days prior written notice to the State of Nevada, c/o Contracting Agency, the policyshall not be canceled, non-renewed or coverage and /or limits reduced or materially altered, and shall provide thatnotices required by this paragraph shall be sent by certified mailed to the address shown below.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 31Specialized Training Projects Approved 05/07/02Revised 08/06/04

f. Approved Insurer: Each insurance policy shall be:1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurersacceptable to the State and having agents in Nevada upon whom service of process may be made, and2) Currently rated by A.M. Best as “A- VII” or better.Evidence of Insurance:Prior to the start of any Work, Contractor must provide the following documents to the contracting State agency:1) Certificate of Insurance: The Acord 25 Certificate of Insurance <strong>for</strong>m or a <strong>for</strong>m substantially similar must be submittedto the State to evidence the insurance policies and coverages required of Contractor.2) Additional Insured Endorsement: An Additional Insured Endorsement (CG20 10 or C20 26) , signed by an authorizedinsurance company representative, must be submitted to the State to evidence the endorsement of the State as an additionalinsured per General Requirements, Subsection a above.3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits,a copy of the Underlyer Schedule from the Umbrella or Excess insurance policy may be required.Review and Approval: Documents specified above must be submitted <strong>for</strong> review and approval by the State prior to thecommencement of work by Contractor. Neither approval by the State nor failure to disapprove the insurance furnished byContractor shall relieve Contractor of Contractor’s full responsibility to provide the insurance required by this Contract.Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its subcontractors,employees or agents to the State or others, and shall be in addition to and not in lieu of any other remedyavailable to the State under this Contract or otherwise. The State reserves the right to request and review a copy of anyrequired insurance policy or endorsement to assure compliance with these requirements.Mail all required insurance documents to the Contracting Agency identified on page one of the contract.17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain <strong>for</strong> the duration of this Contractany state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute,ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor willbe responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personalproperty taxes are the responsibility of Contractor in accordance with NRS 361.157 and 361.159. Contractor agrees to beresponsible <strong>for</strong> payment of any such government obligations not paid by its subcontractors during per<strong>for</strong>mance of this Contract.The State may set-off against consideration due any delinquent government obligation in accordance with NRS 353C.190.18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or itsmaterial or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to anyother breach.19. SEVERABILITY. If any provision contained in this Contract is held to be unen<strong>for</strong>ceable by a court of law or equity, thisContract shall be construed as if such provision did not exist and the nonen<strong>for</strong>ceability of such provision shall not be held torender any other provision or provisions of this Contract unen<strong>for</strong>ceable.20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes the duty ofeither party, increases the burden or risk involved, impairs the chances of obtaining the per<strong>for</strong>mance of this Contract, attempts tooperate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of theassignment shall be void, and shall be a breach of this Contract. Contractor shall neither assign, transfer nor delegate any rights,obligations or duties under this Contract without the prior written consent of the State.21. STATE OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, <strong>instructions</strong>,photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be considerationunder the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or itssubcontractors) in per<strong>for</strong>mance of its obligations under this Contract shall be the exclusive property of the State and all suchmaterials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract.Contractor shall not use, willingly allow, or cause to have such materials used <strong>for</strong> any purpose other than per<strong>for</strong>mance ofContractor's obligations under this Contract without the prior written consent of the State. Notwithstanding the <strong>for</strong>egoing, theState shall have no proprietary interest in any materials licensed <strong>for</strong> use by the State that are subject to patent, trademark orcopyright protection.22. PUBLIC RECORDS. Pursuant to NRS 239.010, in<strong>for</strong>mation or documents received from Contractor may be open to publicinspection and copying. The State will have the duty to disclose unless a particular record is made confidential by law or acommon law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or"confidential" in accordance with NRS 333.333, provided that Contractor thereby agrees to indemnify and defend the State <strong>for</strong>RFQ 1552 RFQ No. 1552 <strong>Page</strong> 32Specialized Training Projects Approved 05/07/02Revised 08/06/04

honoring such a designation. The failure to so label any document that is released by the State shall constitute a complete waiverof any and all claims <strong>for</strong> damages caused by any release of the records.23. CONFIDENTIALITY. Contractor shall keep confidential all in<strong>for</strong>mation, in whatever <strong>for</strong>m, produced, prepared, observedor received by Contractor to the extent that such in<strong>for</strong>mation is confidential by law or otherwise required by this Contract.24. FEDERAL FUNDING. In the event federal funds are used <strong>for</strong> payment of all or part of this Contract:a. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed<strong>for</strong> debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department oragency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment andSuspension, 28 C.F.R. pt. 67, § 67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160-19211), andany relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment inwhole or in part from federal funds.b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the Americans withDisabilities Act of 1990 (P.L. 101-<strong>13</strong>6), 42 U.S.C. 12101, as amended, and regulations adopted thereunder contained in 28C.F.R. 26.101-36.999, inclusive, and any relevant program-specific regulations.c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as amended, theRehabilitation Act of 1973, P.L. 93-112, as amended, and any relevant program-specific regulations, and shall notdiscriminate against any employee or offeror <strong>for</strong> employment because of race, national origin, creed, color, sex, religion, age,disability or handicap condition (including AIDS and AIDS-related conditions.)25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local law, or otherwise, that no fundingassociated with this contract will be used <strong>for</strong> any purpose associated with or related to lobbying or influencing or attempting tolobby or influence <strong>for</strong> any purpose the following:a. Any federal, state, county or local agency, legislature, commission, counsel or board;b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other electedofficial; orc. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board.26. WARRANTIES.a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall becompleted in a workmanlike manner consistent with standards in the trade, profession, or industry; shall con<strong>for</strong>m to or exceedthe specifications set <strong>for</strong>th in the incorporated attachments; and shall be fit <strong>for</strong> ordinary use, of good quality, with no materialdefects.b. System Compliance. Contractor warrants that any in<strong>for</strong>mation system application(s) shall not experience abnormallyending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of the State.This warranty includes, without limitation, century recognition, calculations that accommodate same century and multicentury<strong>for</strong>mulas and data values and date data interface values that reflect the century. Pursuant to NRS 41.0321, the State isimmune from liability due to any failure of any incorrect date being produced, calculated or generated by a computer or otherin<strong>for</strong>mation system.27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of eachparty has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulationthis Contract is effective only after approval by the State Board of Examiners and only <strong>for</strong> the period of time specified in theContract. Any services per<strong>for</strong>med by Contractor be<strong>for</strong>e this Contract is effective or after it ceases to be effective are per<strong>for</strong>medat the sole risk of Contractor.28. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governedby, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law thatwould require the application of the law of any other jurisdiction. The parties consent to the jurisdiction and venue of the FirstJudicial District Court, Carson City, Nevada <strong>for</strong> en<strong>for</strong>cement of this Contract.29. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entireagreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless anintegrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, generalconflicts in language between any such attachment and this Contract shall be construed consistent with the terms of thisContract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contractshall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by theOffice of the Attorney General and the State Board of Examiners.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 33Specialized Training Projects Approved 05/07/02Revised 08/06/04

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby.Independent Contractor's Signature Date Independent's Contractor's TitleSignature Date TitleSignature Date TitleSignature Date TitleSignature - Board of ExaminersAPPROVED BY BOARD OF EXAMINERSApproved as to <strong>for</strong>m by:On(Date)Deputy Attorney General <strong>for</strong> Attorney GeneralOn(Date)RFQ 1552 RFQ No. 1552 <strong>Page</strong> 34Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment DREFERENCE QUESTIONNAIREThe State of Nevada, as a part of the RFQ process, requires proposing vendors to submit businessreferences as required within this document. The purpose of these references is to document theexperience relevant to the scope of work and provide assistance in the evaluation process.The proposing vendor or subcontractor is required to complete Part A and send the following reference<strong>for</strong>m to each business reference listed <strong>for</strong> completion of Part B. The business reference, in turn, isrequested to submit the Reference Form directly to the State of Nevada, Purchasing Division by therequested deadline <strong>for</strong> inclusion in the evaluation process. The <strong>for</strong>m and in<strong>for</strong>mation provided willbecome a part of the submitted proposal. The business reference may be contacted <strong>for</strong> validation of theresponse.RFQ 1552 RFQ No. 1552 <strong>Page</strong> 35Specialized Training Projects Approved 05/07/02Revised 08/06/04

State of NevadaKenny C. GuinnDepartment of AdministrationGovernorPurchasing Division515 E. Musser Street, Room 300 Greg SmithCarson City, NV 89701AdministratorRFQ # 1552 REFERENCE QUESTIONNAIREFOR:Part A:(Name of company requesting reference)As Primary VendorAs Subcontractor of _________________________Name of Primary VendorPart B:This <strong>for</strong>m is being submitted to your company <strong>for</strong> completion as a business reference <strong>for</strong> the companylisted above. This <strong>for</strong>m is to be returned to the State of Nevada, Purchasing Division, via e-mail atsrvpurch@purchasing.state.nv.us or facsimile at (775) 684-0188, no later than October 10, 2006, andmust not be returned to the company requesting the reference.For questions or concerns regarding this <strong>for</strong>m, please contact the State of Nevada Purchasing Division,Services Procurement Section by telephone at (775) 684-0170 or by e-mail atsrvpurch@purchasing.state.nv.us. When contacting us, please be sure to include the Request <strong>for</strong>Qualifications number listed at the top of this page.CONFIDENTIAL INFORMATION WHEN COMPLETEDCompany providing reference:Contact name and title/positionContact telephone numberContact e-mail addressQUESTIONS:1. In what capacity have you worked with this vendor in the past?COMMENTS:2. How would you rate this firm's knowledge and expertise?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)COMMENTS:3. How would you rate the vendor's flexibility relative to changes in the project scope and timelines?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)COMMENTS:RFQ 1552 RFQ No. 1552 <strong>Page</strong> 36Specialized Training Projects Approved 05/07/02Revised 08/06/04

4. What is your level of satisfaction with hard-copy materials produced by the vendor?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)COMMENTS:5. How would you rate the dynamics/interaction between the vendor and your staff?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)COMMENTS:6. Who were the vendor’s principal representatives involved in your project and how would you rate themindividually? Would you comment on the skills, knowledge, behaviors or other factors on which youbased the rating?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)Name:Name:Name:Name:COMMENTS:Rating:Rating:Rating:Rating:7. How satisfied are you with the products developed by the vendor?(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)COMMENTS:8. With which aspect(s) of this vendor's services are you most satisfied?COMMENTS:9. With which aspect(s) of this vendor's services are you least satisfied?COMMENTS:10. Would you recommend this vendor's services to your organization again?COMMENTS:RFQ 1552 RFQ No. 1552 <strong>Page</strong> 37Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment ESAMPLE TECHNICAL MINIMUMQUALIFICATIONS SCORE SHEETRFQ 1552 RFQ No. 1552 <strong>Page</strong> 38Specialized Training Projects Approved 05/07/02Revised 08/06/04

STATE OF NEVADA, PURCHASING DIVISIONRFQ 1552Specialized TrainingProposal Opening Date: October 11, 2006VENDOR NAME:________________________________________________________________Evaluator Initials:_________________________________________________________________ItemEvaluation Criteria1. Alignment of expected outcomes with intent ofthis project2. Reasonableness of cost3. Con<strong>for</strong>mance with the terms of this RFQ4. Demonstrated Competence5. Expertise and availability of key personnel6. Experience in per<strong>for</strong>mance of comparableengagementsRFQ 1552 RFQ No. 1552 <strong>Page</strong> 39Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment FCEP SPECIALIZED TRAININGPROJECT BUDGETRFQ 1552 RFQ No. 1552 <strong>Page</strong> 40Specialized Training Projects Approved 05/07/02Revised 08/06/04

CEP SPECIALIZED TRAININGPROJECT BUDGETNote: Training funds cannot be used to reimburse any training costs occurring be<strong>for</strong>e the grantand subsequent contract are approved. Please take this into account when developing your budgetand timeline.BUDGET CATEGORYGRANT25%MATCHTOTALTuition & Registration FeesREQUESTEDFUNDSInstructors’ SalariesCurriculum DevelopmentTextbooks, Manuals Training Materials & SuppliesTraining Software and In<strong>for</strong>mation TechnologyOther Allowable Costs (describe)TOTAL PROPOSED BUDGETIMPORTANT: Please provide a detailed line item narrative description of each budget category.Include unit cost and total number to be purchased, hourly wage rate, and training hours, asappropriate.Project TimelinePlanned Schedule of ExpendituresQuarter 1 st 2nd 3rd 4thExpenditureQuarter 5 th 6th 7 th 8thExpenditureRFQ 1552 RFQ No. 1552 <strong>Page</strong> 41Specialized Training Projects Approved 05/07/02Revised 08/06/04

Attachment GVENDOR’S CERTIFICATION OF QUALIFICATIONSRFQ 1552 RFQ No. 1552 <strong>Page</strong> 42Specialized Training Projects Approved 05/07/02Revised 08/06/04

VENDOR’S CERTIFICATION OF QUALIFICATIONSIn submitting this Certification, applicant certifies that it is true and accurate to the best knowledge ofthe signatory. Applicant certifies that DETR is authorized to examine administrative and fiscal system<strong>for</strong> compliance with the following criteria. It is understood that DETR reserves the right to requestadditional in<strong>for</strong>mation regarding administrative, financial and legal status and to visit the facilities atnormal and reasonable hours.I certify that I am authorized to submit this Statement on behalf of the organization. If any in<strong>for</strong>mationchanges significantly, DETR will be notified.CRITERIA FOR DETERMINING ADEQUACY OF ACCOUNTING SYSTEMSThe system must be capable of:• Complying with federal and state requirements <strong>for</strong> the operations of programs and themaintenance of records, books, accounting and other documents.• Providing <strong>for</strong> the control of cash and other resources to ensure that obligation and expenditure offunds will be in accordance with the terms of the contract. The following procedures areessential:o A procedure <strong>for</strong> recording all project funds received and expended.o A procedure <strong>for</strong> identifying, segregating, summarizing and reporting actual and accruedexpenditures through the use of a coding or classification system.o A procedure <strong>for</strong> maintaining, locating and identifying the details to back up expendituresreported <strong>for</strong> reimbursement, such as bills, invoices, statements and receipts <strong>for</strong> materials,supplies. Such detail should include project operator name and address, date ofpurchases, description of items purchased, amount of order and person placing the order._____________________________________________SIGNATURE_________________DATETYPED NAME AND TITLECONTACT PERSON FOR FINANCIAL MATTERS:Name: ____________________________________ Title: _______________________________Location of Financial Records: ___________________________________________________________RFQ 1552 RFQ No. 1552 <strong>Page</strong> 43Specialized Training Projects Approved 05/07/02Revised 08/06/04