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2.1.4.3. Demonstration/Presentation shall be provided at no expense to PBPN.2.1.4.4. Demonstration/Presentation will be limited to the time stated in the PBPNinvitation.2.2.Project Delivery and StipulationsThe price and contract will be procured using the PBPN Procurement’s Competitive Sealed BiddingProcess as described in PBPN Procurement Policy procedures as it has been determined to be themost appropriate method of contracting for the subject project.2.3.Solicitation Inquiries2.3.1. Duty to ExamineIt is the responsibility of each Offeror to examine the entire Solicitation, seek clarification inwriting (inquiries) and examine its Offer for accuracy before submitting an Offer. Lack ofcare in preparing an Offer shall not be grounds for modifying or withdrawing after the duedate and time.2.3.2. Solicitation Contact PersonAny inquiry related to a Solicitation, including any request for or inquiries regardingstandards referenced in the Solicitation shall be directed solely to the Procurement Office.2.3.3. Submission of Inquiries2.3.3.1.All inquiries related to the Solicitation are required to be submitted to theProcurement office and/or emailed to MaureenCurley@pbpnation.org2.3.3.2.All responses to inquiries will be answered by email.2.3.3.3.Any inquiry related to the Solicitation should reference the appropriatesolicitation page and paragraph number.2.3.3.4.Offerors are prohibited from contacting any PBPN department/employee otherthan the Finance Director and/or the Procurement Officer concerning theprocurement while the solicitation and evaluation are in process.2.3.4. Timeliness2.3.4.1.Any inquiry or exception to the Solicitation shall be submitted as soon as possibleand should be submitted at least twenty-four (24) hours before the Offer duedate and time for review and determination.2.3.4.2.Failure to do so may result in the inquiry not being considered for a SolicitationAmendment.2.3.5. Solicitation Amendments2.3.5.1.All Solicitation Amendments shall only be modified by a Solicitation Amendmentand issued by mail or email.PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 6 of 29

2.3.5.2.All Solicitation Amendments shall be acknowledged by email to the PBPN’sProcurement Office no later than the Offer due date and time. Failure toacknowledge a Solicitation Amendment may result in rejection of the Offer.2.3.6. Offer Amendment or WithdrawalAn offer may not be amended or withdrawn after the Offer due date and time except asotherwise provided under applicable PBPN Procurement Policy.2.3.7. Confidential InformationIf an Offeror believes that any portion of an Offer, protest, or correspondence contains atrade secret or other proprietary information, the Offeror shall clearly designate the tradesecret and other proprietary information, using the term “confidential.”2.3.8. Public RecordAll offers submitted and opened are public records and must be retained by PBPN for aperiod of three (3) years. Offers shall be open and available to public inspection throughPBPN’s Procurement Office ten (10) days after the awarded contract, except for such Offersdeemed to be confidential by the Tribe.2.3.9. Non-collusion, Employment and ServicesBy signing the Offer and Acceptance form or official contract form, the Offeror certifies that:2.3.9.1.The Offeror did not engage in collusion or other anti-competitive practices inconnection with the preparation or submission of its Offer; and2.3.9.2.The Offeror does not discriminate against any employee or applicant oremployment or person to whom it provides services because of race, color,religion, sex, national origin, or disability and that it complies with an applicablefederal state and local laws and executive orders regarding employment.2.3.10. Formal ContractThe contractor shall meet all the requirements to establish a Professional Goods and ServiceContract (PGSC) with the Procurement Office.2.3.11. DisclosureIf the person submitting this Offer has been debarred, suspended or otherwise lawfullyprecluded from participating in any public procurement activity, including beingdisapproved as a subcontractor with any federal, state or local government, or if any suchpreclusion from participation from any public procurement activity is currently pending,the Offeror shall fully explain the circumstances relating to the preclusion or proposedpreclusion in the Offer (Attachment C). The Offeror shall set forth the name and address ofthe governmental unit, the effective date of the suspension or debarment, the duration ofthe suspension or debarment, and the relevant circumstances relating to the suspension ordebarment. If suspension or debarment is currently pending, a detailed description of allrelevant circumstances including the details enumerated above shall be provided.PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 7 of 29

2.3.12. DeliveryUnless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shallinclude all freight, delivery and unloading at the destination(s).2.4.Project Timeline2.4.1. The PBPN reserves the right to make changes or alterations to the schedule in the bestinterest of the Project. Contractor will be notified sufficiently in advance of any changes oralterations in the schedule. Unless otherwise notified in writing, the dates indicated belowfor submission of items or for other actions on the part of a Proposer shall constituteabsolute deadlines for those activities and failure to fully comply by the time stated shallcause a Proposer to be disqualified as non-responsive.December 27, 2019December 27, 2019January 9, 2020January 10, 2020January 10, 2020 @ 3:00 PM (CST)January 13, 2020January 31, @ 3:00PM (CST)January 31, @ 3:30PM (CSTTBDTBD2.5.Legal NoticePublic/Private Advertisement of RFPAmendments to RFPDeadline for submission of questionsMandatory Pre-Bid ON- site ConferenceAnswers to submitted Questions – FinalProposals DueOpening of Proposal submittedEvaluations of ProposalsNotice of AwardBudgetAll proposals must include proposed costs to complete the tasks described in the project scope.2.5.1. Provide a guaranteed budget for services listed in the Scope of Work (attachment “A”).2.5.2. Cost of Offer Preparation:2.5.2.1.The PBPN will not reimburse any Offeror the cost of responding to theSolicitation.2.5.3. The PBPN reserves the right to negotiate the fees proposed by the offeror.2.5.4. This contract does/does not require the contractor to satisfy the requirement of the DavisBacon Act of 1931, a federal law that establishes the requirement for paying the localprevailing wages with respect to the employees working in connection with the contracted.2.5.5. The PBPN will require and attest the Contractor in good faith to hire qualified PBPN Tribalmembers according to the TERO Ordinance requirements of 1979 for preference,employment and this opportunity.2.6.Pricing and Taxes2.6.1. Contractor’s best pricing, for the term of this Contract, the prices and discounts will be equalto or better than the lowest price and largest discounts, both separately and in combination,at which Contractor sells equivalent items of equipment and materials.PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 8 of 29

2.6.2. All prices and rates to the extent they differ from those exhibited by the Contractor, shall bevalid for the entire term of the Contract, and shall not be subject to revision for inflation, orany changes to wages, taxes or other costs that Contractor may be obliged to incur that maybe higher than those which it contemplated when proposing the relevant price of rate.2.6.3. The PBPN is exempt from paying Kansas Use Tax and Federal Excise Tax.3. SECTION THREE - INSTRUCTIONS TO BIDDERS3.1.Proposal ContentProposal must be organized according to the mandatory sections listed below. Proposals that do notaddress all the mandatory sections listed below may be considered non-responsive and may not beevaluated. Proposal should be of sufficient length and details to demonstrate the offeror has athorough understanding of the skills necessary to deliver the services requested.3.2.Offerors responding to this Solicitation must submit five (5) hard-bond copies with no more thantwenty-five (25) pages, typed using 12-point font single spaced, and on each document, insert afooter that specifies: Name of Offeror, Name of the Attachment, the Solicitation number and Pagenumber, to the Procurement Officer at MaureenCurley@pbpnation.org. The Procurement Office willnot respond to any inquiries received in any other manner.3.3.Offers shall be received before the due date and time stated in the solicitation. Offers submittedoutside the stated requirements or those that are received after the due date and time shall berejected.3.3.1. When submitting an Offer, only files that are Microsoft Word Documents, Excel Workbooks,PowerPoint presentations and/or Adobe Acrobat documents will be accepted. Any otherformat will need advance approval before submitting your files.3.3.2. Each proposal shall include an attachment for each response section.3.3.3. The material shall be in sequence and organized as outlined in section 3.4 (below) as relatedto the RFP.3.3.4. Failure to include the requested information may have a negative impact on the evaluationof the Offeror’s proposal.3.4.The proposal shall be organized in the following manner:3.4.1. Cover and Table of Contents3.4.2. Tab 1- Letter of Interest3.4.2.1.Provide a letter of interest describing your interest for this project (2 pagesminimum) and any changes to the format or deletions of requested materialsshould be explained in the cover letter. Please include the following in your coverletter:3.4.2.1.1.Describe why your firm considers itself to be best qualified to masterthe project and perform the work required in a responsive manner,PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 9 of 29

3.4.2.1.2.Describe how the delivery of services will be provided to the Tribeincluding the location of the Respondent’s offices and expectedresponse times to the Tribe’s requests,3.4.2.1.3.Describe those conditions, constraints, or problems that are uniqueto the scope of work that may adversely affect either cost or deliverydates, and3.4.2.1.4.If the Respondent is proposing to joint-partner with anotherprinciple firm, the cover letter must specify the type of services to beprovided by each firm.3.4.3. Tab 2 - Company Profile3.4.3.1.Provide a company profile including principal areas of expertise and experienceproviding services to Tribal communities, include an organizational chartdepicting the management of the firm’s organization and its relationship to anyother business entity. Proposals must include the following information:3.4.3.2.Date, state and type of business organization (close, general or S Corporation,LLC or PLLC, Sole proprietorship),3.4.3.3.Federal and State Tax ID numbers,3.4.3.4.Names of Owners, Principals and/or Officers,3.4.3.5.Civil or Criminal claims, judgments or suite within the last ten (10) years,3.4.3.6.Evidence of the firm’s financial wherewithal to complete the project,3.4.3.7.The name, title, email address, mailing address, fax and telephone numbers ofthe officer authorized to represent the Broker in any correspondence,negotiations and sign any contract that may result,3.4.3.8.The Project Manager’s name, title, email address, mailing address, fax andtelephone number.3.4.4. Tab 3 – Project Understanding and Approach3.4.4.1.Describe your understanding of the project and preliminary approach,methodology and plan to deliver the services requested. It is important todemonstrate the ability to advocate for PBPN while maintaining professionalrelationships throughout the project.3.4.4.2.Describe the anticipated interaction with the Tribe.3.4.4.3.Describe your understanding of the suitability of the specific audit and approachand the timing of the engagement technical approach for the project.3.4.5. Tab 4 – Company Experience and qualifications. All firms are requested to providethe following information (2 pages maximum).PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 10 of 29

3.4.5.1.Address and phone numbers of all company offices,3.4.5.2.Brief description of company history and key services,3.4.5.3.Number of years in business,3.4.5.4.Types of services provided,3.4.5.5.List and describe all claims, lawsuits or legal settlements within the past five (5)years, and those that are currently pending, and3.4.5.6.Number of full and part-time employees.3.4.5.7.References from at least three (3) previous projects as stipulated withexperience must be provided as proof of experience.3.4.5.8.All sub-contractors engaged at work at the job site shall possess the necessaryand appropriate licenses, certificates, training, and qualifications as required byPBPN Code for the intended work.3.4.6. Tab 5 - Technical Qualifications3.4.6.1.Offeror’s shall identify a Project Coordinator who shall be a primary contractperson for the PBPN Procurement office in discussing work that needs to becompleted,3.4.6.2.Offeror’s shall provide a detailed description of the Project Coordinator’sfunction and how they will accomplish the minimum tasks listed in the Scope ofWork.3.4.7. Tab 6 – Fee/Budget Proposal3.4.7.1.Provide an all-inclusive pricing to include but not limited to; all labor, materials,labor rate, labor benefits, payroll burden, insurances, workmen’s compensationfee, profit, overhead and all other related cost factors for the life of this contract.3.4.7.2.The firm may not bill the Tribe for any other products or services without theTribe Procurement and Purchasing approval.3.4.7.3.Offeror’s shall COMPLETE the attached budget worksheet or provide oneequivalent to the PBPN worksheet.3.4.8. Tab 7 – Indian Preference3.4.8.1.Provide a description of the firm’s history and proposed efforts to promotediversity in employment and utilization of Indian Preference, certifiedDisadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE),Small Disadvantage Business (SDB) and Women’s Business Enterprise (WBE)firms as partners, subcontractors or suppliers on previous contracts.3.4.8.2.Describe any innovative or particularly successful measures the firm hasundertaken to work with these firms.PBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 11 of 29

3.5.3.4.8.3.Describe how the firm is currently utilizing minorities and women in theworkforce and how the firm has historically provided opportunities forminorities and women to receive training and work within the firm. The Proposalmust include the following information:3.4.8.4.Indian Preference (Applicable):3.4.8.4.1.The contractor shall comply with the Indian preferencerequirements in employment and subcontracting as required by thePBPN, the RFP Policy, and the Indian Self-Determination andEducation Act, as amended.3.4.8.4.2.The work to be performed under this proposal is subject to theIndian Self-Determination Act (25 U.S.C. 450), that requires to thegreatest extent feasible:3.4.8.4.3.Preference and opportunities for training and employment shall begiven to Indians, and3.4.8.4.4.Preference in the award of contracts and subcontracts shall be givento Indian organizations or Indian-owned economic enterprises.3.4.8.4.5.The parties to this contract shall comply with the provisions of theIndian Self-Determination Act.3.4.8.5.In connection with this contract the contractor shall, to the greatest extentfeasible, give preference in the award of any subcontracts to Indian organizationsor Indian-owned economic enterprises, and preferences and opportunities fortraining and employment to Indians.3.4.8.6.The contractor shall include this clause in every subcontract in connection withthe project, and shall, at the direction of the recipient, take appropriate actionpursuant to the subcontract upon a finding by the recipient that thesubcontractor has violated the clause of the Indian Act.Submission of Offer3.5.1. Offer Submission Due Date and Time:Offerors responding to this Solicitation must submit the Offer by mail and email to:PBPN Tribal Procurement Office“PBPN Design Build Bingo Hall and Government Center Waste Water Treatment Facility”.16281 Q RoadMayetta, KS 66509MaureenCurley@pbpnation.org3.5.2. Offers shall be received before the due date and time stated in the solicitation. Offerssubmitted outside of the stated submission requirements or those received after the duedate and time shall be rejected.3.5.3. Offer and AcceptancePBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 12 of 29

The Offer and Acceptance for this RFP shall be signed with a signature by the personauthorized to sign the Offer and shall be submitted to the Procurement Office with thesolicitation no later than five (5) days prior to the initial start date.3.5.4. Solicitation AmendmentA Solicitation Amendment shall be acknowledged to the PBPN Procurement/PurchasingOffice no later than the Offer due date and time. Failure to acknowledge the SolicitationAmendment may result in rejection of the Offer.3.5.5. Offer Amendment or Withdrawal:An Offer may not be amended or withdrawn after the Offer due date and time except asotherwise provided under applicable tribal policy or resolution.3.5.6. Public Record:All Offers submitted and opened are public records and shall be retained by the PBPNProcurement/Purchasing Office for a period of three (3) years. Offers shall be open andavailable for public inspection through the PBPN Procurement/Purchasing office ten (10)days after the award has been made.3.6.Proposal Opening3.6.1. Offers received by the due date and time, January 31, 2020@ 3:00 PM (CST) will beopened within one-half (1/2) hour of the closing date and time.3.6.2. The name of each Offeror will be publicly available.3.6.3. Offers will not be subject to public inspection for a period of ten (10) days or until after theContract has been awarded.4. EVALUATION4.1.Evaluation Criteria4.1.1. In accordance with the PBPN Procurement Policy, awards shall be made to the responsibleOfferor(s) whose proposal is determined in writing to be the most advantageous to theTribe based upon the evaluation criteria listed below.4.1.2. The Tribe reserves the right to reject any or all responses to this RFP. Final selection ofcandidates will be on a basis of their apparent ability to meet the overall expectations ofPBPN, as determined solely by the PBPN.4.1.3. The PBPN reserves the right to conduct investigations as it deems necessary for theevaluation of any proposal and to establish the experience, responsibility, reliability,references, reputation, business ethics, history qualifications and financial ability of the firmresponding. The purpose of the investigation is to determine that the candidate has theability, experience, resources and reputation necessary to perform the work and to supportall warranties in accordance with the contract documents.4.1.4. The evaluation factors are listed in their relative order of importance. In evaluatingresponses to this RFP, the PBPN Procurement Office will take into consideration thePBPN Request for ProposalBingo/Government Center WWTP RFP – December 2019Page 13 of 29

experience capacity, and costs that are being proposed by the Respondent.4.1.5. The following Evaluation Criteria will be considered in reviewing submittals:4.1.5.1.Provide a propose schedule showing milestones for design, mobilization, sitework, construction, system restart and meeting PBPN objectives.4.1.5.2.Describe the construc

Bingo/Government Center WWTP RFP - December 2019 1. SECTION ONE - GENERAL INFORMATION 1.1. PURPOSE FOR REQUEST FOR PROPOSAL (RFP) The Prairie Band Potawatomi Nation (PBPN) has identified a need to initiate a Request for Proposal (RFP) for a qualified contractor with extensive experience that satisfies the Design-Build Waste Water project .