LABORATORY TESTING OF ENGINE AND HEATING FUELS, REPORTING OF RESULTS, AND RELATED SUPPORT SERVICES

02-20-20 RFP (RP) RFP # 32505-02422 Page | 1 STATE OF TENNESSEE Tennessee Department of Agriculture REQUEST FOR PROPOSALS FOR LABORATORY TESTING OF ENGINE AND HEATING FUELS, REPORTING OF RESULTS, AND RELATED SUPPORT SERVICES RFP # 32505-02422 RFP CONTENTS SECTIONS: 1. INTRODUCTION 2. RFP SCHEDULE OF EVENTS 3. RESPONSE REQUIREMENTS 4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 5. EVALUATION & CONTRACT AWARD ATTACHMENTS: 6.1.A. Response Statement of Certifications & Assurances 6.1.B. Response Statements to Legal Requirements 6.2. Technical Response & Evaluation Guide 6.3. Cost Proposal & Scoring Guide 6.4. Reference Questionnaire 6.5. Evaluator Ranking Worksheets 6.6. RANK/Score Summary Matrix 6.7. Pro Forma Contract 02-20-20 RFP (RP) RFP # 32505-02422 Page | 2 1. INTRODUCTION The State of Tennessee, Department of Agriculture, hereinafter referred to as “the State,” issues this Request for Proposals (RFP) to define minimum contract requirements; solicit responses; detail response

requirements; and, outline the State’s process for evaluating responses and selecting a contractor to provide the needed goods or services. Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises, an opportunity to do business with the state as contractors, subcontractors or suppliers. 1.1. Statement of Procurement Purpose The State intends to secure a contract for laboratory analysis of engine fuels and heating fuels, reporting of results, and associated support to continue the Kerosene and Motor Fuels Quality Inspection Program pursuant to Public Chapter 397 of 1989, TCA § 47-18-1301. Under this program the State regulates the quality of engine fuels and heating fuels conveyed in the State of Tennessee. Gasoline, diesel fuel, kerosene, aviation gasoline, aviation turbine fuel, biodiesel, biodiesel blends, denatured fuel ethanol, and ethanol flex fuel are products representing the main focus of the State's testing program but other fuel types found in Tennessee Department of Agriculture, Division of Markets, Chapter 0080-05-12 Kerosene and Motor Fuels Quality Inspection Regulations may also be requested for testing. 1.1.1 Laboratory Analysis - Volume of Samples The Contractor shall provide laboratory quality analysis as requested by the State. For reference purposes only, the product types and number of each to be submitted annually is approximately: Gasoline/Gasoline Oxygenate Blends 5595 Diesel (Biodiesel 6%) 1675 Diesel (Biodiesel > 6-20%) 150 Kerosene/Fuel Oils 400 Aviation Gasoline 50 Aviation Turbine Fuel 50 Biodiesel Blending Stock 100 Denatured Fuel Ethanol 100 Ethanol Flex Fuel (Ethanol Fuel Blends) 120 Liquefied Petroleum Gas 10 It shall be noted that the quantities stated above are an approximation. . 1.1.2 Reporting of Results The Contractor shall review analytical results for accuracy and report to the State such accurate analytical results for each sample submitted by the State within four (4) business days after the sample has been released to the Contractor. A sample shall be considered released to the Contractor after delivery to the laboratory operating in the Nashville Metropolitan area or delivered to any Contractor representative designated to coordinate shipment of samples to a laboratory outside the Nashville Metropolitan area. The Contractor shall be responsible for evaluating the test results obtained on each sample against product specifications adopted as State standards. These standards can be found in State of Tennessee Department of Agriculture Rules 0080-05-12 and TCA 47-18-13. The State shall be contacted by either telephone or e-mail immediately upon the determination that a sample test parameter has failed any state standard. Each result shall indicate the compliance status of each specification parameter in a format dictated by the data management software 02-20-20 RFP (RP) RFP # 32505-02422 Page | 3 supplied by the State. The requirements for use of and connection to the TDA data management software are detailed in pro forma contract section A.12 (RFP pgs 47-48). Any parameter result reported that will result in a non-compliant sample will be tested a minimum of two (2) times for the parameter in question before the results are reported to the State. When a test method allows for more than one procedure, the procedure generally considered the most precise and reliable must be used to confirm that a sample is out of specification If there is more than one procedure and the Contractor is unsure which procedure to follow, the Contractor must seek guidance from the State. 1.1.3. The total purchase amount incurred through fifty-four (54) months of the State's current contract for similar services is $4,054,686.25. 1.2. Scope of Service, Contract Period, & Required Terms and Conditions The RFP Attachment 6.7., Pro Forma Contract details the State’s requirements: ▪ Scope of Services and Deliverables (Section A); ▪ Contract Period (Section B); ▪ Payment Terms (Section C); ▪ Standard Terms and Conditions (Section D); and, ▪ Special Terms and Conditions (Section E). The pro forma contract substantially represents the contract document that the successful Respondent must sign. 1.3. Nondiscrimination No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. 1.4. RFP Communications 1.4.1. The State has assigned the following RFP identification number that must be referenced in all communications regarding this RFP: RFP # 32505-02422 1.4.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee except as detailed below may result in disqualification from consideration under this procurement process. 1.4.2.1. Prospective Respondents must direct communications concerning this RFP to the following person designated as the Solicitation Coordinator: Josh Polk Department of General Services, Central Procurement Office 312 Rosa L Parks Blvd, 3rd Floor Nashville, TN 37243 615-360-4460 02-20-20 RFP (RP) RFP # 32505-02422 Page | 4 Joshua.Polk@tn.gov 1.4.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact: a. staff of the Governor’s Office of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities, and small businesses as well as general, public information relating to this RFP (visit https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo- /governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general- contacts.html for contact information); and b. the following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations: Jay Miller, General Counsel P.O. Box 40627 Nashville, TN 37204 615-837-5341 jay.miller@tn.gov 1.4.3. Only the State’s official, written responses and communications with Respondents are binding with regard to this RFP. Oral communications between a State official and one or more Respondents are unofficial and non-binding. 1.4.4. Potential Respondents must ensure that the State receives all written questions and comments, including questions and requests for clarification, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events. 1.4.5. Respondents must assume the risk of the method of dispatching any communication or response to the State. The State assumes no responsibility for delays or delivery failures resulting from the Respondent’s method of dispatch. Actual or digital “postmarking” of a communication or response to the State by a specified deadline is not a substitute for the State’s actual receipt of a communication or response. 1.4.6. The State will convey all official responses and communications related to this RFP to the prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.8). 1.4.7. The State reserves the right to determine, at its sole discretion, the method of conveying official, written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo- /supplier-information/request-for-proposals--rfp--opportunities1.html. 1.4.8. The State reserves the right to determine, at its sole discretion, the appropriateness and adequacy of responses to written comments, questions, and requests related to this RFP. The State’s official, written responses will constitute an amendment of this RFP. https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html mailto:jay.miller@tn.gov https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html 02-20-20 RFP (RP) RFP # 32505-02422 Page | 5 1.4.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any other communication relating to this RFP) is for informational purposes only. The State will make reasonable efforts to ensure the accuracy of such data or information, however it is the Respondent’s obligation to independently verify any data or information provided by the State. The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents. 1.5. Assistance to Respondents With a Handicap or Disability Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events. 1.6. Respondent Required Review & Waiver of Objections 1.6.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.7., Pro Forma Contract, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”). 1.6.2. Any prospective Respondent having questions and comments concerning this RFP must provide them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events. 1.6.3. Protests based on any objection to the RFP shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline. 1.7. Pre-Response Conference A Pre-response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of Events. Pre-response Conference attendance is not mandatory, and prospective Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. The conference will be held at: https://teams.microsoft.com/l/meetup- join/19%3ameeting_OTlmYjA1YjgtMWFkNi00ZjRhLWEyMmItNTQyNzJlMmY2Yzlj%40thread.v2/0?conte xt=%7b%22Tid%22%3a%22f345bebf-0d71-4337-9281- 24b941616c36%22%2c%22Oid%22%3a%2283fa7c45-d05a-4baa-90e0-6980f38f2f7b%22%7d The purpose of the conference is to discuss the RFP scope of goods or services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any question at the Pre-response Conference shall be unofficial and non-binding. Prospective Respondents must submit all questions, comments, or other concerns regarding the RFP in writing prior to the Written Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Events. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed in the RFP Section 2, Schedule of Events. 1.8. Notice of Intent to Respond Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e-mail or other written communication). Such notice should include the following information: 02-20-20 RFP (RP) RFP # 32505-02422 Page | 6 ▪ the business or individual’s name (as appropriate); ▪ a contact person’s name and title; and ▪ the contact person’s mailing address, telephone number, facsimile number, and e-mail address. A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP. 1.9. Response Deadline A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events. The State will not accept late responses, and a Respondent’s failure to submit a response before the deadline will result in disqualification of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any potential delays due to security screening procedures, weather, or other filing delays whether foreseeable or unforeseeable. 02-20-20 RFP (RP) RFP # 32505-02422 Page 7 2. RFP SCHEDULE OF EVENTS 2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP. EVENT TIME (central time zone) DATE 1. RFP Issued December 1, 2022 2. Disability Accommodation Request Deadline 2:00 p.m. December 6, 2022 3. Pre-response Conference 9:00 a.m. December 7, 2022 4. Notice of Intent to Respond Deadline 2:00 p.m. December 8, 2022 5. Written “Questions & Comments” Deadline 2:00 p.m. December 13, 2022 6. State Response to Written “Questions & Comments” December 22, 2022 7. Response Deadline 2:00 p.m. January 4, 2023 8. State Completion of Technical Response Evaluations January 11, 2023 9. State Opening & Scoring of Cost Proposals 2:00 p.m. January 12, 2023 10. Negotiations (optional) January 12-13, 2023 11. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection 2:00 p.m. January 18, 2023 12. End of Open File Period January 25, 2023 13. State sends contract to Contractor for signature January 26, 2023 14. Contractor Signature Deadline 2:00 p.m. January 30, 2023 2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.8). 02-20-20 RFP (RP) RFP # 32505-02422 Page 8 3. RESPONSE REQUIREMENTS 3.1. Response Form A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal. 3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides the specific requirements for submitting a response. This guide includes mandatory requirement items, operational summary including, general qualifications and experience items, and technical qualifications, experience, and approach items all of which must be addressed with a written response and, in some instances, additional documentation. NOTICE: A technical response must not include any pricing or cost information. If any pricing or cost information amounts of any type (even pricing relating to other projects) is included in any part of the technical response, the state may deem the response to be non-responsive and reject it. 3.1.1.1. A Respondent should duplicate and use the RFP Attachment 6.2., Technical Response & Evaluation Guide to organize, reference, and draft the Technical Response by duplicating the attachment, adding appropriate page numbers as required, and using the guide as a table of contents covering the Technical Response. 3.1.1.2. A response should be economically prepared, with emphasis on completeness and clarity. A response, as well as any reference material presented, must be written in English and must be written on standard 8 1⁄2” x 11” pages (although oversize exhibits are permissible) and use a 12 point font for text. All response pages must be numbered. 3.1.1.3. All information and documentation included in a Technical Response should correspond to or address a specific requirement detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will not contribute to evaluations. 3.1.1.4. The State may determine a response to be non-responsive and reject it if: a. the Respondent fails to organize and properly reference the Technical Response as required by this RFP and the RFP Attachment 6.2., Technical Response & Evaluation Guide; or b. the Technical Response document does not appropriately respond to, address, or meet all of the requirements and response items detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. 3.1.2. Cost Proposal. A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment 6.3., Cost Proposal & Scoring Guide. NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non-responsive and reject it. 3.1.2.1. A Respondent must only record the proposed cost exactly as required by the RFP Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates, amounts, or information. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 9 3.1.2.2. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period, including any renewals or extensions. 3.1.2.3. A Respondent must sign and date the Cost Proposal. 3.1.2.4. A Respondent must submit the Cost Proposal to the State in a sealed package separate from the Technical Response (as detailed in RFP Sections 3.2.3., et seq.). 3.2. Response Delivery 3.2.1. A Respondent must ensure that both the original Technical Response and Cost Proposal documents meet all form and content requirements, including all required signatures, as detailed within this RFP, as may be amended. 3.2.2. A Respondent must submit original Technical Response and Cost Proposal documents and copies as specified below. 3.2.2.1. One (1) original Technical Response paper document labeled: “RFP # 32505-02422TECHNICAL RESPONSE ORIGINAL” and four (4) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, USB flash drive labeled: “RFP # 32505-02422TECHNICAL RESPONSE COPY” The digital copies should not include copies of sealed customer references, however any other discrepancy between the paper Technical Response document and any digital copies may result in the State rejecting the proposal as non-responsive. 3.2.2.2. One (1) original Cost Proposal paper document labeled: “RFP # 32505-02422COST PROPOSAL ORIGINAL” and one (1) copy in the form of a digital document in “PDF”” format properly recorded on separate, blank, USB flash drive labeled: “RFP # 32505-02422COST PROPOSAL COPY” In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence. 3.2.3. A Respondent must separate, seal, package, and label the documents and copies for delivery as follows: 3.2.3.1. The Technical Response original document and digital copies must be placed in a sealed package that is clearly labeled: “DO NOT OPEN... RFP # 32505-02422 TECHNICAL RESPONSE FROM [RESPONDENT LEGAL ENTITY NAME]” 3.2.3.2. The Cost Proposal original document and digital copy must be placed in a separate, sealed package that is clearly labeled: “DO NOT OPEN... RFP # 32505-02422 COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]” 02-20-20 RFP (RP) RFP # 32505-02422 Page | 10 3.2.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled: “RFP # 32505-02422 SEALED TECHNICAL RESPONSE & SEALED COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]” 3.2.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address: Josh Polk Department of General Services, Central Procurement Office 3rd Floor 312 Rosa L Parks Ave Nashville, TN 37243 3.3. Response & Respondent Prohibitions 3.3.1. A response must not include alternate contract terms and conditions. If a response contains such terms and conditions, the State, at its sole discretion, may determine the response to be a non- responsive counteroffer and reject it. 3.3.2. A response must not restrict the rights of the State or otherwise qualify either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal. If a response restricts the rights of the State or otherwise qualifies either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the response to be a non-responsive counteroffer and reject it. 3.3.3. A response must not propose alternative goods or services (i.e., offer services different from those requested and required by this RFP) unless expressly requested in this RFP. The State may consider a response of alternative goods or services to be non-responsive and reject it. 3.3.4. A Cost Proposal must be prepared and arrived at independently and must not involve any collusion between Respondents. The State will reject any Cost Proposal that involves collusion, consultation, communication, or agreement between Respondents. Regardless of the time of detection, the State will consider any such actions to be grounds for response rejection or contract termination. 3.3.5. A Respondent must not provide, for consideration in this RFP process or subsequent contract negotiations, any information that the Respondent knew or should have known was materially incorrect. If the State determines that a Respondent has provided such incorrect information, the State will deem the Response non-responsive and reject it. 3.3.6. A Respondent must not submit more than one Technical Response and one Cost Proposal in response to this RFP, except as expressly requested by the State in this RFP. If a Respondent submits more than one Technical Response or more than one Cost Proposal, the State will deem all of the responses non-responsive and reject them. 3.3.7. A Respondent must not submit a response as a prime contractor while also permitting one or more other Respondents to offer the Respondent as a subcontractor in their own responses. Such may result in the disqualification of all Respondents knowingly involved. This restriction does not, however, prohibit different Respondents from offering the same subcontractor as a part of their responses (provided that the subcontractor does not also submit a response as a prime contractor). 02-20-20 RFP (RP) RFP # 32505-02422 Page | 11 3.3.8. The State shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP: 3.3.8.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid; 3.3.8.2. A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and 3.3.8.3. A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest. 3.3.9. This RFP is also subject to Tenn. Code Ann. § 12-4-101—105. 3.4. Response Errors & Revisions A Respondent is responsible for any and all response errors or omissions. A Respondent will not be allowed to alter or revise response documents after the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events unless such is formally requested, in writing, by the State. 3.5. Response Withdrawal A Respondent may withdraw a submitted response at any time before the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an authorized Respondent representative. After withdrawing a response, a Respondent may submit another response at any time before the Response Deadline. After the Response Deadline, a Respondent may only withdraw all or a portion of a response where the enforcement of the response would impose an unconscionable hardship on the Respondent. 3.6. Additional Services If a response offers goods or services in addition to those required by and described in this RFP, the State, at its sole discretion, may add such services to the contract awarded as a result of this RFP. Notwithstanding the foregoing, a Respondent must not propose any additional cost amounts or rates for additional goods or services. Regardless of any additional services offered in a response, the Respondent’s Cost Proposal must only record the proposed cost as required in this RFP and must not record any other rates, amounts, or information. NOTICE: If a Respondent fails to submit a Cost Proposal exactly as required, the State may deem the response non-responsive and reject it. 3.7. Response Preparation Costs The State will not pay any costs associated with the preparation, submittal, or presentation of any response. 02-20-20 RFP (RP) RFP # 32505-02422 Page 12 4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 4.1. RFP Amendment The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential Respondents to meet the response deadline and revise the RFP Schedule of Events if deemed appropriate. If an RFP amendment is issued, the State will convey it to potential Respondents who submitted a Notice of Intent to Respond (refer to RFP Section 1.8). A response must address the final RFP (including its attachments) as amended. 4.2. RFP Cancellation The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in accordance with applicable laws and regulations. 4.3. State Right of Rejection 4.3.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all responses. 4.3.2. The State may deem as non-responsive and reject any response that does not comply with all terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the State reserves the right to waive, at its sole discretion, minor variances from full compliance with this RFP. If the State waives variances in a response, such waiver shall not modify the RFP requirements or excuse the Respondent from full compliance, and the State may hold any resulting Contractor to strict compliance with this RFP. 4.4. Assignment & Subcontracting 4.4.1. The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment. 4.4.2. If a Respondent intends to use subcontractors, the response to this RFP must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFP Attachment 6.2., Section C, Technical Qualifications, Experience and Approach Items item C.5.). 4.4.3. Subcontractors identified within a response to this RFP will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract. 4.4.4. After contract award, a Contractor may only substitute an approved subcontractor at the discretion of the State and with the State’s prior, written approval. 4.4.5. Notwithstanding any State approval relating to subcontracts, the Respondent who is awarded a contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract. 4.5. Right to Refuse Personnel or Subcontractors The State reserves the right to refuse, at its sole discretion and notwithstanding any prior approval, any personnel of the prime contractor or a subcontractor providing goods or services in the performance of a contract resulting from this RFP. The State will document in writing the reason(s) for any rejection of personnel. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 13 4.6. Insurance The State will require the awarded Contractor to provide a Certificate of Insurance issued by an insurance company licensed or authorized to provide insurance in the State of Tennessee. Each Certificate of Insurance shall indicate current insurance coverages meeting minimum requirements as may be specified by this RFP. A failure to provide a current, Certificate of Insurance will be considered a material breach and grounds for contract termination. 4.7. Professional Licensure and Department of Revenue Registration 4.7.1. All persons, agencies, firms, or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as a part of a response to this RFP, shall be properly licensed to render such opinions. 4.7.2. Before the Contract resulting from this RFP is signed, the apparent successful Respondent (and Respondent employees and subcontractors, as applicable) must hold all necessary or appropriate business or professional licenses to provide the goods or services as required by the contract. The State may require any Respondent to submit evidence of proper licensure. 4.7.3. Before the Contract resulting from this RFP is signed, the apparent successful Respondent must be registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. The State shall not award a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following: https://tntap.tn.gov/eservices/_/#1 4.8. Disclosure of Response Contents 4.8.1. All materials submitted to the State in response to this RFP shall become the property of the State of Tennessee. Selection or rejection of a response does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full response contents and associated documents will become open to public inspection in accordance with the laws of the State of Tennessee. 4.8.2. The State will hold all response information, including both technical and cost information, in confidence during the evaluation process. 4.8.3. Upon completion of response evaluations, indicated by public release of a Notice of Intent to Award, the responses and associated materials will be open for review by the public in accordance with Tenn. Code Ann. § 10-7-504(a)(7). 4.9. Contract Approval and Contract Payments 4.9.1. After contract award, the Contractor who is awarded the contract must submit appropriate documentation with the Department of Finance and Administration, Division of Accounts. 4.9.2. This RFP and its contractor selection processes do not obligate the State and do not create rights, interests, or claims of entitlement in either the Respondent with the apparent best- evaluated response or any other Respondent. State obligations pursuant to a contract award shall commence only after the Contract is signed by the State agency head and the Contractor and after the Contract is approved by all other state officials as required by applicable laws and regulations. 4.9.3. No payment will be obligated or made until the relevant Contract is approved as required by applicable statutes and rules of the State of Tennessee. https://tntap.tn.gov/eservices/_/#1 02-20-20 RFP (RP) RFP # 32505-02422 Page | 14 4.9.3.1. The State shall not be liable for payment of any type associated with the Contract resulting from this RFP (or any amendment thereof) or responsible for any goods delivered or services rendered by the Contractor, even goods delivered or services rendered in good faith and even if the Contractor is orally directed to proceed with the delivery of goods or the rendering of services, if it occurs before the Contract Effective Date or after the Contract Term. 4.9.3.2. All payments relating to this procurement will be made in accordance with the Payment Terms and Conditions of the Contract resulting from this RFP (refer to RFP Attachment 6.7., Pro Forma Contract, Section C). 4.9.3.3. If any provision of the Contract provides direct funding or reimbursement for the competitive purchase of goods or services as a component of contract performance or otherwise provides for the reimbursement of specified, actual costs, the State will employ all reasonable means and will require all such documentation that it deems necessary to ensure that such purchases were competitive and costs were reasonable, necessary, and actual. The Contractor shall provide reasonable assistance and access related to such review. Further, the State shall not remit, as funding or reimbursement pursuant to such provisions, any amounts that it determines do not represent reasonable, necessary, and actual costs. 4.10. Contractor Performance The Contractor who is awarded a contract will be responsible for the delivery of all acceptable goods or the satisfactory completion of all services set out in this RFP (including attachments) as may be amended. All goods or services are subject to inspection and evaluation by the State. The State will employ all reasonable means to ensure that goods delivered or services rendered are in compliance with the Contract, and the Contractor must cooperate with such efforts. 4.11. Contract Amendment After Contract award, the State may request the Contractor to deliver additional goods or perform additional services within the general scope of the Contract and this RFP, but beyond the specified Scope, and for which the Contractor may be compensated. In such instances, the State will provide the Contractor a written description of the additional goods or services. The Contractor must respond to the State with a time schedule for delivering the additional goods or accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If the State and the Contractor reach an agreement regarding the goods or services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional goods or services must be signed by both the State agency head and the Contractor and must be approved by other state officials as required by applicable statutes, rules, policies and procedures of the State of Tennessee. The Contractor must not provide additional goods or render additional services until the State has issued a written contract amendment with all required approvals. 4.12. Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of the State and Respondents will be construed and enforced as if the RFP did not contain the particular provision held to be invalid. 4.13. Next Ranked Respondent The State reserves the right to initiate negotiations with the next ranked Respondent should the State cease doing business with any Respondent selected via this RFP process. 02-20-20 RFP (RP) RFP # 32505-02422 Page 15 5. EVALUATION & CONTRACT AWARD 5.1. Evaluation Categories & Maximum Point Values The State will consider and rank technical responses, calculate cost proposals and assign points in each of the evaluation categories detailed below (up to the maximum evaluation point values indicated) to each response deemed by the State to be responsive. EVALUATION CATEGORY MAXIMUM POINT VALUE Operational Summary (refer to RFP Attachment 6.2., Section B) 25 Technical Qualifications, Experience & Approach (refer to RFP Attachment 6.2., Section C) 40 Cost Proposal (refer to RFP Attachment 6.3.) 35 5.2. Evaluation Process The evaluation process is designed to award the contract resulting from this RFP not necessarily to the Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive and responsible who offers the best combination of attributes based upon the evaluation criteria. (“Responsive Respondent” is defined as a Respondent that has submitted a response that conforms in all material respects to the RFP. “Responsible Respondent” is defined as a Respondent that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.) 5.2.1. Technical Response Evaluation. The Solicitation Coordinator and the Proposal Evaluation Team (consisting of three (3) or more State employees) will use RFP Attachments 6.2., 6.5. and 6.6., to manage the Technical Response Evaluation and maintain evaluation records. 5.2.1.1. The State reserves the right, at its sole discretion, to request Respondent clarification of a Technical Response or to conduct clarification discussions with any or all Respondents. Any such clarification or discussion will be limited to specific sections of the response identified by the State. The subject Respondent must put any resulting clarification in writing as may be required and in accordance with any deadline imposed by the State. 5.2.1.2. The Solicitation Coordinator will review each Technical Response to determine compliance with RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A— Mandatory Requirements. If the Solicitation Coordinator determines that a response failed to meet one or more of the mandatory requirements, the Proposal Evaluation Team will review the response and document the team’s determination of whether: a. the response adequately meets RFP requirements for further evaluation; b. the State will request clarifications or corrections for consideration prior to further evaluation; or, c. the State will determine the response to be non-responsive to the RFP and reject it. 5.2.1.3. Proposal Evaluation Team members will independently evaluate each Responsive Technical Response and ordinally rank each proposal against each other for each section, taking into account all item responses in RFP Attachment 6.2., Technical 02-20-20 RFP (RP) RFP # 32505-02422 Page | 16 Response & Evaluation Guide Sections B and C. Proposal Evaluation Team members will individually record their rankings on the applicable RFP Attachment 6.5. – Evaluator Ranking Worksheet. 5.2.1.4. For each Responsive Technical Response evaluated, the Solicitation Coordinator will record each Proposal Evaluation Team member’s assigned rankings on RFP Attachment 6.6. Rank/Score Summary Matrix. The Solicitation Coordinator will then calculate the average rank for RFP Attachment 6.2., Technical Response & Evaluation Guide, Sections B and C. and record the average rank on the Rank/Score Summary Matrix. No Respondent will receive the same rank. The lowest average rank will receive First place and the percentage of points associated with the best rank, the second lowest rank will receive Second place and the percentage of points associated with the second best rank, and so on. The Solicitation Coordinator will then assign percentage values and points based upon the methodology in RFP section 5.2.1.5. below. 5.2.1.5 Point totals for each section will be assigned by the Solicitation Coordinator as detailed in the formula below. All calculations will use and result in numbers rounded to two (2) places to the right of the decimal point. RFP Attachment 6.2-Section B Operational Summary 1st place: 100% of maximum section points 2nd place: 87.5% of maximum section points 3rd place: 75% of maximum section points 4th place: 62.5% of maximum section points 5th place: 50% of maximum section points (Each rank beyond five (5) will require a reduction of twelve and a half percent (12.5%), as per the pattern above) RFP Attachment 6.2-Section C Technical Qualifications, Experience & Approach Items 1st place: 100% of maximum section points 2nd place: 87.5% of maximum section points 3rd place: 75% of maximum section points 4th place: 62.5% of maximum section points 5th place: 50% of maximum section points (Each rank beyond five (5) will require a reduction of twelve and a half percent (12.5%), as per the pattern above) Formula to derive point total: Decimal of percentage value chosen X Point Value of the Individual Section For Example: 75% of 30 points will be calculated as 0.75x30. 5.2.1.5.1. Ties In the event of a tie, a tied respondent will be awarded the percentage of maximum section points directly correlated to the rank for which they are eligible and the next non-tied respondent will receive the percentage associated with one rank removed from the otherwise next eligible rank. For example, in the scenario in which there are three respondents and two of the respondents tie for 1st place, the two respondents tied for first would receive 100% of maximum points and the third respondent would receive 75% of maximum section points which is associated with 3rd place, as one position is occupied by two respondents. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 17 5.2.1.6. Before Cost Proposals are opened, the Proposal Evaluation Team will review the Technical Response Evaluation record and any other available information pertinent to whether or not each Respondent is responsive and responsible. If the Proposal Evaluation Team identifies any Respondent that does not meet the responsive and responsible thresholds such that the team would not recommend the Respondent for Cost Proposal Evaluation and potential contract award, the team members will fully document the determination. 5.2.2. Cost Proposal Evaluation. The Solicitation Coordinator will open for evaluation the Cost Proposal of each Respondent deemed by the State to be responsive and responsible and calculate and record each Cost Proposal score in accordance with the RFP Attachment 6.3., Cost Proposal & Scoring Guide. 5.2.3. Total Response Score. The Solicitation Coordinator will calculate the sum of the Technical Response section scores and the Cost Proposal score and record the resulting number as the total score for the subject Response (refer to RFP Attachment 6.6., Rank/Score Summary Matrix). 5.3. Contract Award Process 5.3.1 The Solicitation Coordinator will submit the Proposal Evaluation Team determinations and scores to the head of the procuring agency for consideration along with any other relevant information that might be available and pertinent to contract award. 5.3.2. The procuring agency head will determine the apparent best-evaluated Response. To effect a contract award to a Respondent other than the one receiving the highest evaluation process score, the head of the procuring agency must provide written justification and obtain the written approval of the Chief Procurement Officer and the Comptroller of the Treasury. 5.3.3. The State will issue a Notice of Intent to Award identifying the apparent best-evaluated response and make the RFP files available for public inspection at the time and date specified in the RFP Section 2, Schedule of Events. NOTICE: The Notice of Intent to Award shall not create rights, interests, or claims of entitlement in either the apparent best-evaluated Respondent or any other Respondent. 5.3.4. The Respondent identified as offering the apparent best-evaluated response must sign a contract drawn by the State pursuant to this RFP. The Contract shall be substantially the same as the RFP Attachment 6.7., Pro Forma Contract. The Respondent must sign the contract by the Contractor Signature Deadline detailed in the RFP Section 2, Schedule of Events. If the Respondent fails to provide the signed Contract by this deadline, the State may determine that the Respondent is non-responsive to this RFP and reject the response. 5.3.5. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited terms and conditions or pricing negotiations prior to Contract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED THAT such revision of terms and conditions or performance requirements shall NOT materially affect the basis of response evaluations or negatively impact the competitive nature of the RFP and contractor selection process. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 18 5.3.6. If the State determines that a response is non-responsive and rejects it after opening Cost Proposals, the Solicitation Coordinator will re-calculate scores for each remaining responsive Cost Proposal to determine (or re-determine) the apparent best-evaluated response. 02-20-20 RFP (RP) RFP # 32505-02422 Page 19 RFP ATTACHMENT 6.1.A. RFP # 32505-02422 STATEMENT OF CERTIFICATIONS AND ASSURANCES The Respondent must sign and complete the Statement of Certifications and Assurances below as required, and it must be included in the Technical Response (as required by RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A, Item A.1.). The Respondent does, hereby, expressly affirm, declare, confirm, certify, and assure ALL of the following: 1. The Respondent will comply with all of the provisions and requirements of the RFP. 2. The Respondent will provide all services as defined in the Scope of the RFP Attachment 6.7., Pro Forma Contract for the total Contract Term. 3. The Respondent, except as otherwise provided in this RFP, accepts and agrees to all terms and conditions set out in the RFP Attachment 6.7., Pro Forma Contract. 4. The Respondent acknowledges and agrees that a contract resulting from the RFP shall incorporate, by reference, all proposal responses as a part of the Contract. 5. The Respondent will comply with: (a) the laws of the State of Tennessee; (b) Title VI of the federal Civil Rights Act of 1964; (c) Title IX of the federal Education Amendments Act of 1972; (d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; and, (e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government. 6. To the knowledge of the undersigned, the information detailed within the response submitted to this RFP is accurate. 7. The response submitted to this RFP was independently prepared, without collusion, under penalty of perjury. 8. No amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Respondent in connection with this RFP or any resulting contract. 9. Both the Technical Response and the Cost Proposal submitted in response to this RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP. 10. The Respondent affirms the following statement, as required by the Iran Divestment Act Tenn. Code Ann. § 12-12- 111: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to §12-12-106.” For reference purposes, the list is currently available online at: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo- /library-/public-information-library.html. By signing this Statement of Certifications and Assurances, below, the signatory also certifies legal authority to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the Respondent (if an individual) or the Respondent’s company President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to bind the Respondent. DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE RESPONDENT SIGNATURE: PRINTED NAME & TITLE: DATE: RESPONDENT LEGAL ENTITY NAME: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html 02-20-20 RFP (RP) RFP # 32505-02422 Page 20 RFP ATTACHMENT 6.1.B. RFP # 32505-02422 Response to Legal Requirements The Respondent must sign and complete the Response to Legal Requirements below as required, and it must be included in the Technical Response (as required by RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A, Item A.3.). The Respondent shall provide a Yes or No statement to the following scenarios. A “Yes” response indicates that the situation does apply to a Respondent and a “No” response indicates that the situation does NOT apply to a Respondent. If a Respondent answers yes, they shall provide a detailed statement describing their reason for answering Yes. Failure to disclose information may result in a response being found non-responsive or lead to immediate contract cancellation. The State, at its own discretion reserves the right to review the answers provided to the Response to Legal Requirements and deem a Respondent non-responsive. Additionally, the State reserves the right to issue clarifications to a Respondent based upon their responses.: 1. Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, involved in the delivery of goods or performance of services on a contract pursuant to this RFP, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details. Yes____(provide reasoning for this answer) No_____ 2. Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details. Yes__ (provide reasoning for this answer) No_____ 3. Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFP or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contract pursuant to this RFP. NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions. Yes__ (provide reasoning for this answer) No_____ 4. Provide a statement of whether there are any pending or in progress Securities Exchange Commission investigations involving the Respondent. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the Respondent’s performance in a contract pursuant to this RFP. NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions. Yes__ (provide reasoning for this answer) No_____ 5. Provide a statement and any relevant details addressing whether the Respondent is any of the following: (a) is presently debarred, suspended, proposed for debarment, or voluntarily excluded from covered transactions by any federal or state department or agency; (b) has within the past five (5) years, been convicted of, or had a civil judgment rendered against the contracting party from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed above; and 02-20-20 RFP (RP) RFP # 32505-02422 Page | 21 (d) has within a five (5) year period preceding the contract had one or more public transactions (federal, state, or local) terminated for cause or default. Yes__ (provide reasoning for this answer) No_____ By signing this Response to Legal Requirements, below, the signatory also certifies legal authority to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the Respondent (if an individual) or the Respondent’s company President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to bind the Respondent. DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE RESPONDENT SIGNATURE: PRINTED NAME & TITLE: DATE: RESPONDENT LEGAL ENTITY NAME: 02-20-20 RFP (RP) RFP # 32505-02422 Page | 22 RFP ATTACHMENT 6.2. — Section A TECHNICAL RESPONSE & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. The Solicitation Coordinator will review the response to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Proposal Evaluation Team must review the response and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFP requirements. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section A— Mandatory Requirement Items Pass/Fail The Response must be delivered to the State no later than the Response Deadline specified in the RFP Section 2, Schedule of Events. The Technical Response and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq.). The Technical Response must NOT contain cost or pricing information of any type. The Technical Response must NOT contain any restrictions of the rights of the State or other qualification of the response. A Respondent must NOT submit alternate responses (refer to RFP Section 3.3.). A Respondent must NOT submit multiple responses in different forms (as a prime and a subcontractor) (refer to RFP Section 3.3.). A.1. Provide the Statement of Certifications and Assurances (RFP Attachment 6.1.A.) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification. A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall cause to deliver goods or perform services under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict. NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award. A.3. Provide the 6.1.B. Response to Legal Requirements completed and signed by an individual empowered to bind the Respondent to the veracity of the statements. Respondents answering “yes” to any of the questions in 6.1.B. must provide a detailed explanation. The State reserves the right to review the Respondent’s answers provided to the 6.1.B. Response to Legal Requirements and determine whether a Respondent is responsive. Additionally, the State reserves the right to issue clarifications to a Respondent based upon their responses. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 23 RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section A— Mandatory Requirement Items Pass/Fail A.4. Detail the name, e-mail address, mailing address, telephone number, and if applicable, facsimile number of the person the State should contact regarding the response. A5. Provide a current bank reference indicating that the Respondent’s business relationship with the financial institution is in positive standing. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months. A.6. Provide two current positive credit references from vendors with which the Respondent has done business written in the form of standard business letters, signed, and dated within the past three (3) months. A.7. Provide an official document or letter from an accredited credit bureau, verified and dated within the last three (3) months and indicating a satisfactory credit score for the Respondent (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.) A.8 Provide the respondent’s active accreditation to the most current ISO/IEC 17025:2017 standards. The accreditation body of the laboratory must be a full member of the International Laboratory Accreditation Cooperation (ILAC) and a signatory to the ILAC Mutual Recognition Arrangement (MRA). The accreditation should at minimum reflect the tests required in Section A.5.of the Pro Forma contract. State Use – Solicitation Coordinator Signature, Printed Name & Date: 02-20-20 RFP (RP) RFP # 32505-02422 Page 24 RFP ATTACHMENT 6.2. — SECTION B TECHNICAL RESPONSE & EVALUATION GUIDE SECTION B: OPERATIONAL SUMMARY. The Respondent shall address pertinent items detailed below and provide the information and documentation as required in order for the Operational Summary to be ranked. Proposal Evaluation Team members will individually evaluate and assign a unique rank for each of the responses to Section B - Operational Summary. Evaluator rankings will be recorded on applicable RFP Attachment 6.5. – Evaluator Ranking Worksheet. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section B - Operational Summary B.1. In three (3) pages or less and in accordance with the Response Requirements of RFP Section 3 provide an Operational Summary based upon the requirements contained herein. Provide a narrative describing the Respondent’s experience and ability in providing the required goods or services required by this RFP. Detail how the Respondent intends to utilize their business’ structure, employees and any office locations to meet the required goods or services of this RFP. Additionally provide a description of the proposed project team, its members and organizational structure, identifying key people who will be assigned to deliver the goods or services in the process. Lastly, provide a personnel roster and resumes listing the names of key people who the Respondent will assign to meet the Respondent’s requirements under this RFP along with the estimated number of hours that each individual will devote to that performance. The resumes of the personnel must detail the individual’s title, education, current position with the Respondent, and employment history. Resumes may be attached to the 3-page narrative, separate from the narrative. *Please note that Resumes will not count towards the three (3) page limit on this section* 02-20-20 RFP (RP) RFP # 32505-02422 Page 25 RFP ATTACHMENT 6.2. — SECTION C TECHNICAL RESPONSE & EVALUATION GUIDE SECTION C: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH. The Respondent must address all items (below) and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Proposal Evaluation Team members will individually evaluate and assign a unique rank for each of the responses to Section C - Technical Qualifications, Experience & Approach Items. Evaluator rankings will be recorded on applicable RFP Attachment 6.5. – Evaluator Ranking Worksheet. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section C - Technical Qualifications, Experience & Approach Items C.1. Provide a narrative that illustrates the Respondent’s understanding of the State’s requirements for the testing and reporting of the results from the fuel samples submitted and project schedule. Provide a narrative that illustrates how the Respondent will manage the project, ensure completion of the scope of services, and accomplish required objectives within the State’s project schedule. C.2. Provide documentation of the Respondent’s commitment to diversity as represented by the following: (a) Business Strategy. Provide a description of the Respondent’s existing programs and procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises. Please also include a list of the Respondent’s certifications as a diversity business, if applicable. (b) Business Relationships. Provide a listing of the Respondent’s current contracts with business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises. Please include the following information: (i) contract description; (ii) contractor name and ownership characteristics (i.e., ethnicity, gender, service- disabled veteran-owned or persons with disabilities); (iii) contractor contact name and telephone number. (c) Estimated Participation. Provide an estimated level of participation by business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises if a contract is awarded to the Respondent pursuant to this RFP. Please include the following information: (i) a percentage (%) indicating the participation estimate. (Express the estimated participation number as a percentage of the total estimated contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics only and DO NOT INCLUDE DOLLAR AMOUNTS); (ii) anticipated goods or services contract descriptions; (iii) names and ownership characteristics (i.e., ethnicity, gender, service-disabled veterans, or disability) of anticipated subcontractors and supply contractors. NOTE: In order to claim status as a Diversity Business Enterprise under this contract, businesses must be certified by the Governor’s Office of Diversity Business Enterprise (Go-DBE). Please visit the Go-DBE website at https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810 for more information. https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810 02-20-20 RFP (RP) RFP ATTACHMENT 6.2. — SECTION C (continued) RFP # 32505-02422 Page | 26 (d) Workforce. Provide the percentage of the Respondent’s total current employees by ethnicity and gender. NOTE: Respondents that demonstrate a commitment to diversity will advance State efforts to expand opportunity to do business with the State as contractors and subcontractors. Response evaluations will recognize the positive qualifications and experience of a Respondent that does business with enterprises owned by minorities, women, service- disabled veterans, persons with disabilities, and small business enterprises and who offer a diverse workforce. C.3. Provide a statement of whether the Respondent intends to use subcontractors to meet the Respondent’s requirements of any contract awarded pursuant to this RFP, and if so, detail: (a) the names of the subcontractors along with the contact person, mailing address, telephone number, and e-mail address for each; (b) a description of the scope and portions of the goods each subcontractor involved in the delivery of goods or performance of the services each subcontractor will perform; and (c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFP. 1-12RFP RANK RFP # 32505-02422 Page 27 RFP ATTACHMENT 6.3. COST PROPOSAL & SCORING GUIDE NOTICE: THIS COST PROPOSAL MUST BE COMPLETED EXACTLY AS REQUIRED COST PROPOSAL SCHEDULE— The Cost Proposal, detailed below, shall indicate the proposed price for goods or services defined in the Scope of Services of the RFP Attachment 6.7., Pro Forma Contract and for the entire contract period. The Cost Proposal shall remain valid for at least one hundred twenty (120) days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract resulting from this RFP. All monetary amounts shall be in U.S. currency and limited to two (2) places to the right of the decimal point. A maximum TOTAL Slate Price per fuel sample is requested. This is the maximum charge per sample for any combination of routine test descriptions and associated support noted in the Pro Forma Contract. The maximum charge does not need to be an arithmetic sum of the individual test description costs. Although the sum of the individual test descriptions may exceed the TOTAL Slate cost of the fuel when all tests are performed, the State shall not pay, nor shall the Contractor charge, more than the TOTAL Slate cost for each sample as set forth in the contract. The Maximum Total Slate Price Per Sample for routine tests shall be used to calculate the score for the cost proposal. On very limited occasions, the State may request that a sample only be tested for a certain parameter(s) when the full battery of normal tests is deemed to be unnecessary. Therefore, the State requests that prices be proposed, as a supplement to the table below, for individual tests. With this pricing structure, the State and Contractor understand that the TOTAL SLATE cost when all routine tests are conducted may not be equal to the sum of the cost of the individual tests for each product specified. In cases where the State requests individual tests on a sample, the Contractor shall charge the State either the sum of the individual tests or the maximum TOTAL Slate allowed under the contract for the product, whichever is the less. See the Pro Forma Contract Section A.3 for detailed testing requirements that cover the slate for each product. Proposals should also include a percentage discount for any tests required by the State not included in the standard battery of tests listed in the Pro Forma Contract. NOTICE: The Evaluation Factor associated with each cost item is for evaluation purposes only. The evaluation factors do NOT and should NOT be construed as any type of volume guarantee or minimum purchase quantity. The evaluation factors shall NOT create rights, interests, or claims of entitlement in the Respondent. Notwithstanding the cost items herein, pursuant to the second paragraph of the Pro Forma Contract section C.1. (refer to RFP Attachment 6.7.), “The State is under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this Contract.” This Cost Proposal must be signed, in the space below, by an individual empowered to bind the Respondent to the provisions of this RFP and any contract awarded pursuant to it. If said individual is not the President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to legally bind the Respondent. RESPONDENT SIGNATURE: PRINTED NAME & TITLE: DATE: RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Gasoline I Gasoline Oxygenate Blends Test Slate $ / Slate 27,975 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 28 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Research Octane Number $ / Test INDIVIDUAL TESTS NOT EVALUATED Motor Octane Number $ / Test Antiknock Index $ / Test Phase Separation/Workmanship $ / Test Distillation (all points) $ / Test Oxygenated Compounds (individual vol% and total mass % oxygen) $ / Test Vapor Pressure $ / Test Vapor – Liquid Ratio Temperature $ / Test Drivability Index $ / Test Relative Density (Report as Required for Other Tests) $ / Test Diesel (Biodiesel 6 %) Slate $ / Slate 8,375 Distillation (all points) $ / Test INDIVIDUAL TESTS NOT EVALUATED Flash Point $ / Test Sulfur $ / Test Cetane Number $ / Test Cetane Index $ / Test 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 29 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Water & Sediment $ / Test INDIVIDUAL TESTS NOT EVALUATED Relative Density (Report as Required for Other Tests) $ / Test Biodiesel Fatty Acid Methyl Ester (FAME) Content $ / Test Cold Temperature Operability $ / Test Lubricity $ / Test Haze Rating $ / Test Water, Karl Fischer (KF) Titration $ / Test Particle Counts $ / Test Diesel (Biodiesel 6-20%) Slate $ / Slate 750 Distillation (all points) $ / Test INDIVIDUAL TESTS NOT EVALUATED Flash Point $ / Test Sulfur $ / Test Cetane Number $ / Test Cetane Index $ / Test Water & Sediment $ / Test Relative Density (Report as Required for Other Tests) $ / Test 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 30 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Biodiesel (FAME) Content $ / Test INDIVIDUAL TESTS NOT EVALUATED Cold Temperature Operability $ / Test Acid No. $ / Test Oxidation Stability $ / Test Water, KF Titration $ / Test Particle Units $ / Test Kerosene/Fuel Oils Slate $ / Slate 2,000 Distillation $ / Test INDIVIDUAL TESTS NOT EVALUATED Sulfur $ / Test Flash Point $ / Test Water & Sediment $ / Test Saybolt Color (Kerosene Only) $ / Test Relative Density (Report as Required for Other Tests) $ / Test Aviation Gasoline Slate $ / Slate 250 Knock Value, lean mixture (MON & ALN reported) $ / Test INDIVIDUAL TESTS NOT EVALUATED 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 31 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Distillation (all points) $ / Test INDIVIDUAL TESTS NOT EVALUATED Vapor Pressure $ / Test Water Reaction $ / Test Density $ / Test Oxidation Stability $ / Test Aviation Turbine Fuel Slate $ / Slate 250 Distillation (all points) $ / Test INDIVIDUAL TESTS NOT EVALUATED Flash Point $ / Test Freeze Point $ / Test Density $ / Test Thermal Stability $ / Test Existent Gum $ / Test FAME Content $ / Test Biodiesel Blending Stock Slate $ / Slate 500 Metals (Ca, Mg, Na, K) $ / Test INDIVIDUAL TESTS NOT EVALUATED 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 32 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Flash Point $ / Test INDIVIDUAL TESTS NOT EVALUATED Methanol Content $ / Test Water & Sediment $ / Test Kinematic Viscosity $ / Test Sulfated Ash $ / Test Cu Strip Corrosion $ / Test Cetane No. $ / Test Carbon Residue $ / Test Acid No. $ / Test Cold Soak Filterability $ / Test Total & Free Glycerin (Also report Mono, Di, & Tri Glycerides) $ / Test Phosphorus Content $ / Test Distillation Temperature (all points) $ / Test Oxidation Stability $ / Test Cloud Point $ / Test Relative Density (Report as Required for Other Tests) $ / Test 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 33 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Denatured Fuel Ethanol Slate $ / Slate 500 Ethanol & Methanol Content $ / Test INDIVIDUAL TESTS NOT EVALUATED Gum, Washed & Unwashed $ / Test Water $ / Test Inorganic Chloride & Sulfate $ / Test Copper $ / Test Acidity $ / Test pHe $ / Test Relative Density (Reports as Required for Other Tests) $ / Test Ethanol Flex Fuel Slate $ / Slate 600 Ethanol & Methanol Content $ / Test INDIVIDUAL TESTS NOT EVALUATED Vapor Pressure $ / Test Gum, Washed & Unwashed $ / Test pHe $ / Test Inorganic Chloride $ / Test Water $ / Test 02-20-20 RFP RFP ATTACHMENT 6.3. (continued) RFP # 32505-02422 Page | 34 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Relative Density (Reports as Required for Other Tests) $ / Test Liquefied Petroleum Gas Slate $ / Slate 50 Compositional Analysis $ / Test INDIVIDUAL TESTS AND CATALOG NOT EVALUATED Sulfur $ / Test Relative Density (calculated from D2163 data) $ / Test Vapor Pressure (Calculated from D2163 data) $ / Test Moisture Content $ / Test Miscellaneous Tests, Various Fuel Products: Percentage Discount from Catalogue Prices, not to be used as part of cost evaluation. % Discount EVALUATION COST AMOUNT (sum of evaluation costs above): The Solicitation Coordinator will use this sum and the formula below to calculate the Cost Proposal Score. Numbers rounded to two (2) places to the right of the decimal point will be standard for calculations. lowest evaluation cost amount from all proposals x 35 (maximum section score) = SCORE: evaluation cost amount being evaluated State Use – Solicitation Coordinator Signature, Printed Name & Date: 02-20-20 RFP (RP) RFP # 32505-02422 Page | 35 RFP ATTACHMENT 6.4. REFERENCE QUESTIONNAIRE The standard reference questionnaire provided on the following pages of this attachment should be completed by all individuals offering a reference for the Respondent. The Respondent will be solely responsible for obtaining completed reference questionnaires as detailed below.. Provide references from individuals who are not current State employees of the procuring State Agency for projects similar to the goods or services sought under this RFP and which represent: ▪ two (2) contracts Respondent currently services that are similar in size and scope to the services required by this RFP; and ▪ three (3) completed contracts that are similar in size and scope to the services required by this RFP. References from at least three (3) different individuals are required to satisfy the requirements above, e.g., an individual may provide a reference about a completed project and another reference about a currently serviced account. The individual contact reference provided for each contract or project shall not be a current State employee of the procuring State agency. Procuring State agencies that accept references from another State agency shall document, in writing, a plan to ensure that no contact is made between the procuring State agency and a referring State agency. The standard reference questionnaire, should be used and completed, and is provided on the next page of this RFP Attachment 6.4. In order to obtain and submit the completed reference questionnaires following one of the two processes below. Written: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) Send a reference questionnaire and new, standard #10 envelope to each reference. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) seal the completed, signed, and dated reference questionnaire within the envelope provided; (iv) sign his or her name in ink across the sealed portion of the envelope; and (v) return the sealed envelope directly to the Respondent (the Respondent may wish to give each reference a deadline, such that the Respondent will be able to collect all required references in time to include them within the sealed Technical Response). (d) Do NOT open the sealed references upon receipt. (e) Enclose all sealed reference envelopes within a larger, labeled envelope for inclusion in the Technical Response as required. Email: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) E-mail a reference questionnaire to each reference. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) E-mail the reference directly to the Solicitation Coordinator by the RFP Technical Response Deadline with the Subject line of the e-mail as “[Respondent’s Name] Reference for RFP # 32505-02422”. NOTES: ▪ The State will not accept late references or references submitted by any means other than the two which are described above, and each reference questionnaire submitted must be completed as required. ▪ The State will not review more than the number of required references indicated above. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 36 ▪ While the State will base its reference check on the contents of the reference e-mails or sealed reference envelopes included in the Technical Response package, the State reserves the right to confirm and clarify information detailed in the completed reference questionnaires, and may consider clarification responses in the evaluation of references. ▪ The State is under no obligation to clarify any reference information. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 37 RFP # 32505-02422 REFERENCE QUESTIONNAIRE REFERENCE SUBJECT: RESPONDENT NAME (completed by Respondent before reference is requested) The “reference subject” specified above, intends to submit a response to the State of Tennessee in response to the Request for Proposals (RFP) indicated. As a part of such response, the reference subject must include a number of completed and sealed reference questionnaires (using this form). Each individual responding to this reference questionnaire is asked to follow these instructions: ▪ complete this questionnaire (either using the form provided or an exact duplicate of this document); ▪ sign and date the completed questionnaire and follow either process outlined below; Physical: ▪ seal the completed, signed, and dated questionnaire in a new standard #10 envelope; ▪ sign in ink across the sealed portion of the envelope; and ▪ return the sealed envelope containing the completed questionnaire directly to the reference subject. E-Mail: ▪ e-mail the completed questionnaire to: Josh Polk; Joshua.Polk@tn.gov (1) What is the name of the individual, company, organization, or entity responding to this reference questionnaire? (2) Please provide the following information about the individual completing this reference questionnaire on behalf of the above-named individual, company, organization, or entity. NAME: TITLE: TELEPHONE # E-MAIL ADDRESS: (3) What goods or services does/did the reference subject provide to your company or organization? (4) If the goods or services that the reference subject provided to your company or organization are completed, were the goods or services provided in compliance with the terms of the contract, on time, and within budget? If not, please explain. mailto:Joshua.Polk@tn.gov 02-20-20 RFP (RP) RFP # 32505-02422 Page | 38 (5) If the reference subject is still providing goods or services to your company or organization, are these goods or services being provided in compliance with the terms of the contract, on time, and within budget? If not, please explain. (6) How satisfied are you with the reference subject’s ability to perform based on your expectations and according to the contractual arrangements? REFERENCE SIGNATURE: (by the individual completing this request for reference information) DATE: (must be the same as the signature across the envelope seal) 02-20-20 RFP (RP) RFP # 32505-02422 Page | 39 RFP ATTACHMENT 6.5. EVALUATOR RANKING WORKSHEET – TECHNICAL RESPONSE Section B Operational Summary Proposal Evaluation Team members will individually evaluate and assign below a unique rank for each of the identified responses to Section B — Operational Summary. State Use -Evaluator Identification: Company Name Ordinal Rank 1,2,3 Respondent 1 Rank Number Respondent 2 Rank Number Respondent 3 Rank Number Section C Technical Qualifications, Experience and Approach Items State Evaluator will individually evaluate and assign below a unique rank for each Respondent’s response to Section C — Technical Qualifications, Experience and Approach Items State Use-Evaluator Identification: Company Name Ordinal Rank 1,2,3 Respondent 1 Rank Number Respondent 2 Rank Number Respondent 3 Rank Number State Use-Solicitation Coordinator Signature, Printed Name and Date 02-20-20 RFP (RP) RFP # 32505-02422 Page | 40 RFP Attachment 6.6. Rank/Score Summary Matrix RESPONDENT 1 RESPONDENT 2 RESPONDENT 3 OPERATIONAL SUMMARY: (max section points: 25) Evaluator 1 Evaluator 2 Evaluator 3 AVERAGE RANK: AVERAGE RANK: AVERAGE RANK: Percentage of maximum section points 1st Place = 100% 2nd Place = 87.5 % 3rd Place = 75% (decrease by 12.5% for each further respondent) Points Awarded based upon Average Rank Points Awarded based upon Average Rank Points Awarded based upon Average Rank TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH (max section points: 40) Evaluator 1 Evaluator 2 Evaluator 3 AVERAGE RANK: AVERAGE RANK: AVERAGE RANK: Percentage of maximum section points 1st Place = 100% 2nd Place = 87.5 % 3rd Place = 75% (decrease by 12.5% for each further respondent) Points Awarded based upon Average Rank Points Awarded based upon Average Rank Points Awarded based upon Average Rank COST PROPOSAL: SCORE: SCORE: SCORE: (max section points: 35) TOTAL RESPONSE EVALUATION SCORE: (maximum points: 100) Solicitation Coordinator Signature, Printed Name & Date: 02-20-20 RFP (RP) RFP # 32505-02422 Page | 41 RFP ATTACHMENT 6.7. RFP # 32505-02422 PRO FORMA CONTRACT The Pro Forma Contract detailed in following pages of this exhibit contains some “blanks” (signified by descriptions in capital letters) that will be completed with appropriate information in the final contract resulting from the RFP. 02-20-20 RFP (RP) RFP # 32505-02422 Page | 42 CONTRACT BETWEEN THE STATE OF TENNESSEE, DEPARTMENT OF AGRICULTURE AND CONTRACTOR NAME This Contract, by and between the State of Tennessee, Department of Agriculture (“State”) and Contractor Legal Entity Name (“Contractor”), is for the provision LABORATORY TESTING OF ENGINE AND HEATING FUELS, REPORTING OF RESULTS, AND RELATED SUPPORT SERVICES, as further defined in the "SCOPE." State and Contractor may be referred to individually as a “Party” or collectively as the “Parties” to this Contract. The Contractor is a/an Individual, For-Profit Corporation, Non-Profit Corporation, Special Purpose Corporation Or Association, Partnership, Joint Venture, Or Limited Liability Company. Contractor Place of Incorporation or Organization: Location Contractor Edison Registration ID # Number A. SCOPE: A.1. The Contractor shall provide all goods or services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract. A.2. Definitions a. ASTM shall mean American Society for Testing and Material. ASTM sets all accuracy and testing requirements for the tests contained within this contract. b. EN shall mean European Standards c. Data Management Software refers to TDA’s current HealthSpace Agile system, as well as the new TraceFirst system currently in development. A.3. Laboratory Analysis - Routine Testing Scope Requirements The following summarizes the requirements of the routine analytical scope of tests that shall be performed by the Contractor on each product sample submitted by the State unless otherwise requested, with exceptions as noted. The Contractor shall adhere to the most recently published edition of each test method (ATSM or EN), unless otherwise specified by the State. a. The requirements for laboratory analysis of gasoline and gasoline oxygenate blends shall be as follows: Gasoline and Gasoline Oxygenate Blends Test Methods Research Octane Number ASTM D2699 Motor Octane Number ASTM D2700 Antiknock Index R+M/2 Phase Separation/Workmanship ASTM 04814 Distillation (all points) ASTM D86 Oxygenated Compounds (Individual vol% and total mass % oxygen) ASTM D4815 Vapor Pressure ASTM 05191 Vapor- Liquid Ratio Temperature ASTM 05188 Drivability Index ASTM 04814 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 b. The requirements for the laboratory analysis of diesel fuel shall be as follows: Diesel (Biodiesel 6 %) Test Method 02-20-20 RFP (RP) RFP # 32505-02422 Page | 43 Distillation (all points) ASTM 086 Flash Point ASTM D93 Sulfur ASTM 05453 Cetane Number* ASTM 0613 or ASTM D6890 or ASTM D7170 Cetane Index ASTM D4737 Water & Sediment ASTM D2709 Relative Density (Report as Required for Other Tests) ASTM 01298 or ASTM D4052 Biodiesel Fatty Acid Methyl Ester (FAME) Content ASTM D7371 Cold Temperature Operability** ASTM D2500 & ASTM D4539 Lubricity*** ASTM D6079 Haze Rating ASTM 04176 Water, Karl Fischer (KF) Titration**** ASTM D6304 or ASTM E1064 Particle Counts***** ASTM D7596 1. Cetane Number shall be reported on samples where the Cetane Index calculation is less than or equal to forty three (43) and on any sample certified or otherwise required to meet a minimum cetane number above forty (40). If test methods D6890 or D7170 are used to perform this test, and a sample test result does not conform to the specification, test method D613 must be performed to validate the result. 2. Cold Temperature Operability shall be performed on twenty percent (20%) of samples collected October – March when biodiesel is detected through test method D7371. ASTM D2500 shall be performed first. If ASTM D2500 fails to meet state standards, D4539 shall be performed. In addition, ASTM D4539 shall be performed on forty percent (40%) of the samples selected for cold temperature verification. 3. Lubricity shall perform on fifteen percent (15%) of the diesel samples submitted. The State will provide direction on the samples to be tested. 4. Water by KF Titration shall be performed on fifteen percent (15%) of the diesel samples submitted. The State will provide direction on the samples to be tested. 5. Particle Counts shall be performed on ten percent (10%) of the diesel samples submitted. The State will provide direction on the samples to be tested. c. The requirements for laboratory analysis of kerosene and fuel oils shall be as followed. Kerosene/Fuel Oils Test Method Distillation (all points) ASTM D86 Sulfur ASTM D5453 Flash Point ASTM D56 Water & Sediment ASTM D2709 Saybolt Color (kerosene Only) ASTM D156 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 d. The requirements for laboratory analysis of aviation turbine fuel shall be as follows: Aviation Turbine Fuel Test Method 02-20-20 RFP (RP) RFP # 32505-02422 Page | 44 Distillation (all points) ASTM D86 (Group 4 with the cooler set to the Group 3 temperature, as defined by ATSM standards) Flash Point ASTM D56 Freeze Point ASTM D2386 or ASTM D5972 Density ASTM D1298 or ASTM D4052 Thermal Stability ASTM D3241 Annex A2 or A3, as defined by ATSM standards Existent Gum ASTM D381 FAME Content ASTM D7797 e. The requirements for laboratory analysis of aviation gasoline shall be as follows: Aviation Gasoline Test Method Knock Value, lean mixture (MON & ALN reported) ASTM D2700 Distillation (all points) ASTM D86 Vapor Pressure ASTM D5191 Water Reaction ASTM D1094 Density ASTM D1298 or ASTM D4052 Oxidation Stability ASTM D873 f. The requirements for laboratory analysis of liquefied petroleum gas shall be as follows: Liqufied Petroleum Gas Test Method Compositional Analysis ASTM D2163 Sulfur ASTM D2784 or ASTM D6667 Relative Density (Calculated from D 2163 data) ASTM D2598 Vapor Pressure (calculated from D 2163 data) ASTM D2598 Moisture Content ASTM D2713 g. The requirements for laboratory analysis of biodiesel blending stock shall be as follows: Biodiesel Blending Stock Testing Method Metals (Ca, Mg, Na, K) EN 14538 Flash Point ASTM D93 Methanol Content* EN 14110 Water & Sediment ASTM D2709 Kinematic viscosity ASTM D445 Sulfated Ash ASTM D874 Sulfur ASTM D5453 Cu Strip Corrosion ASTM D130 Cetane No** ASTM D613 or ASTM D6890 or ATSM D7170 Carbon Residue ASTM D4530 Acid No. ASTM D664 Cold Soak Filterability ASTM D7501 Total & Free Glycerin (Also report Mono, Di, & Tri Glycerides ASTM D6584 Phosphorus Content ASTM D4951 Distillation Temperature (all points) ASTM D1160 Oxidation Stability EN 15751 Cloud Point ASTM D2500 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 02-20-20 RFP (RP) RFP # 32505-02422 Page | 45 1. Methanol Content will be reported on samples with flash points above 93 °C and below 130 °C. 2. If D6890 or D7170 is used to perform this test, and a sample test result does not conform to the specification, D613 must be reported to validate the result. h. The requirements for laboratory analysis of biodiesel blends shall be as follows: 1. Cetane Number shall ONLY be reported on samples where the Cetane Index calculation is less than or equal to forty three (43) and on any sample certified or otherwise required to meet a minimum cetane number above forty (40). If test methods D6890 or D7170 are used to perform this test, and a sample test result does not conform to the specification, then test method D613 must be performed to validate the result. 2. Cold Temperature operability shall be performed on samples collected October – March. Both test methods D2500 and D4539 test shall be reported. i. The requirements for laboratory analysis of ethanol flex fuel shall be as follows: Ethanol Flex Fuel Test Method Ethanol & Methanol Content ASTM D5501 Vapor Pressure ASTM D5191 Acidity ASTM D1613 Gum, Washed & Unwashed ASTM D381 pHe ASTM D6423 Inorganic Chloride ASTM D7328 or ASTM D7319 Water ASTM E203 or ASTM E1064 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 j. The requirements for laboratory analysis of denatured fuel ethanol shall be as follows: Denatured Fuel Ethanol Test Method Ethanol & Methanol Content ASTM D5501 Gum, Washed & Unwashed ASTM D381 Water ASTM E203 or ASTM E1064 Inorganic Chloride & Sulfate ASTM D7328 or ASTM D7319 Diesel Fuel (Biodiesel 6-20%) Test Method Distillation (all points) ASTM D86 Flash Point ASTM D93 Sulfur ASTM D5453 Cetane Number* ASTM D613 or ATSM D890 or ATSM D7170 Cetane Index ASTM D4737 Water & Sediment ASTM D2709 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 Biodiesel (FAME) Content ASTM D7371 Cold Temperature operability** ASTM D2500 and ASTM D4539 Acid No. ASTM D664 Oxidation Stability EN 15751 Water, KF Titration ASTM D6304 or ATSM E1064 Particle Counts ASTM D7596 02-20-20 RFP (RP) RFP # 32505-02422 Page | 46 Copper ASTM D1688* Acidity ASTM D1613** pHe ASTM D6423 Relative Density (Report as Required for Other Tests) ASTM D1298 or ASTM D4052 A.4. Hand Blending of Samples in the Laboratory The Contractor shall make hand blends of samples, as necessary, to simulate the final product that is being verified by laboratory testing. Hand blending of gasoline and gasoline blendstocks with denatured fuel ethanol, biodiesel with diesel fuel, or base fuels with other fuel extenders shall be performed using the procedures contained within ASTM D7717. A.5. Laboratory Facilities and Performance The Contractor shall accurately perform all testing, as defined by ATSM standards, at a laboratory facility agreed upon in writing by the State. At any time during the contract period, the State may request the Contractor to obtain current inspection data that provides confirmation that the facility is in compliance with any and all regulatory safety and health requirements and provide such inspection data to the State, provided that the information is not requested more than once annually. As of the effective date of this contract and upon request of the State, the laboratory must have and provide evidence to the State that the laboratory is currently accredited to the most current ISO/IEC 17025:2017 standards. The accreditation body of the laboratory must be a full member of the International Laboratory Accreditation Cooperation (ILAC) and a signatory to the ILAC Mutual Recognition Arrangement (MRA). At a minimum, the scope of accreditation must cover the following tests: Vapor Pressure, ASTM D5191 Vapor-Liquid Ratio, ASTM D5188 Density, Relative Density, and API Gravity, ASTM D4052 Distillation, ASTM D86 Sulfur, ASTM D5453 Sulfur, ASTM D4294 Oxygenates, ASTM D4815 Flash Point, ASTM D93 Research Octane Number, ASTM D2699 Motor Octane Number, ASTM D2700 Anti-knock Index, ASTM D4815 X1.4 All Non-Conformances detected on any test procedure within the scope of this contract shall be reported to the State via email within ten days of identification. The Non-Conformance will include Root Cause Analysis and Corrective Actions as described in ISO/IEC 17025:2017 8.5 Actions to address risks and opportunities (Option A) and 8.7 Corrective Actions (Option A). Upon request, the laboratory must provide objective evidence to the State that the quality control procedures for any test methods being performed under this contract that are not covered under the ISO/IEC 17025 scope of accreditation are being performed und