Housing Authority of the Cherokee Nation www.cherokee.org REQUEST FOR BIDS Solicitation #2015-001-025 Background Check Services Bid Due Date: Tuesday November 25th, 2014 at 10:00 A.M. Housing Authority of the Cherokee Nation P.O. Box 1007 Tahlequah, OK 74465-1007 (918) 456-5482 1
Housing Authority of the Cherokee Nation BID REQUEST The Housing Authority of the Cherokee Nation is seeking bids from firms qualified to perform background checks for the Housing Management Department. TO BE CONSIDERED A RESPONSIVE/RESPONSIBLE BIDDER, THE MANDATORY BID REPONSE SHEET MUST BE FULLY COMPLETED. Bids are due no later than Tuesday November 25th, 2014 AT 10:00 A.M. The lowest most responsive, responsible bid will be the determining factor in awarding this bid based on The Housing Authority of the Cherokee Nation Procurement Policy and Procedure. The HACN reserves the right to reject any and all bids. Bids are due Tuesday November 25th, 2014 at 10:00 A.M. MANDATORY SUBMITTAL INFORMATION: Bid submittal requirements must be followed. Each bid must be submitted on the prescribed, required form with all areas completed. If forwarded by mail, the envelope containing the bid and all other required, completed documents must be received on or before due date listed and must be clearly identified Bid Enclosed Attn: Herman Augerhole. Bids may be mailed to the Housing Authority of the Cherokee Nation, Attn: Herman Augerhole, P.O. Box 1007, Tahlequah, OK 74465. Bids may be faxed to the attention of Herman Augerhole at (918) 458-5637 or e-mailed to herman.augerhole@hacn.org, it is the bidder s responsibility to ensure delivery of bids by Tuesday November 25th, 2014 by 10:00 A.M. Any bids received after the designated date and time will be ineligible for award. Bid Acceptance: Bids will be accepted from Cherokee, Tribal, Indian and Non-Indian bidders. Tribal and Indian preference will be given ONLY to offerors who provide current certification from the Tribal Employment Rights Office (TERO) located at the Cherokee Nation of Oklahoma, P.O. Box 948, Tahlequah, Oklahoma 74465, telephone number (918) 453-5000. Failure to submit the TERO certification with the bid, or within three (3) days of deadline may result in denial of Indian Preference. This contract is subject to section 7 (b) of the Indian Self-Determination and Education Assistance Act which requires in part that to the greatest extent feasible, preference in the award of contracts and subcontracts shall be given to Indian Organizations and Indian Owned Economic Enterprises. Housing Authority of the Cherokee Nation reserves the right to reject any and all bids. Housing Authority of the Cherokee Nation reserves the right to determine if a bid meets stated requirements and to award a contract for the bid that is in the best interest of the Housing Authority of the Cherokee Nation including but not limited to the total cost and capability of the bidder. Bidders are responsible for any and all costs associated with the preparation and submission of bids. To be considered, bids must be received by the specified date and time; any bid received after stipulated date and time will be returned unopened. No bidder may withdraw their bid within 30 days after proposal due date. 2
TERO Certification: Indian preference will be given only to bidders who provide proof of current certification from the Cherokee Nation Tribal Employments Office (TERO) located in Tahlequah, Oklahoma, telephone number (918) 456-0671. Proof of TERO certification must accompany and be included in bid submittal. Method of Award Lowest Bid That Contains Lowest Most Responsive/Reasonable Offer From Qualified Bidder: After consideration of price and other factors, the contract will be awarded to the bidder whose bid is determined to be the lowest most responsive/reasonable offer and in the best interest of the Nation to accept in accordance with the Housing Authority of the Cherokee Nation Procurement Policy and Procedure. Award shall be made under unrestricted solicitations to the lowest, most responsive/reasonable bid from a qualified economic enterprise or organization within the maximum total budget price established for the specific project or activity being solicited. The HACN reserves the right to reject any and all bids. TERO Preference will be given only to bidders who provide proof of current TERO certification from the Cherokee Nation Tribal Employments Office (TERO). Proof of TERO certification must accompany and be included in bid submittal. Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters: The responding party certifies to the best of its knowledge and belief that the person, the firm, or any of its principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency or Indian tribe. The bidder will also certify they have not, within a three-year period preceding this Request for Proposal, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, Local or Tribal) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commissions of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, and are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in this provision. The responding party certifies they have not, within a three-year period preceding this Request for Proposal, had one or more contracts terminated for default by a Federal, State, Local or Tribal agency. The responding party shall provide immediate written notice to the Housing Authority of the Cherokee Nation if, at any time prior to contract award, the person learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. General Information: Housing Authority of the Cherokee Nation reserves the right to waive any informalities or to reject any and all bids. Award of contract will be to the lowest most responsible responsive bidder and will be subject to availability of funds. Indian preference will be given to Contractors certified as an Indian-Owned firm by the Cherokee Nation Tribal Employment Rights Office (T.E.R.O.). Proof of certification 3
must accompany all bids. No bidder may withdraw their bid within thirty (30) days after bid opening date. **FAILURE TO SUBMIT ALL PAPERWORK BY DEADLINE WILL RESULT IN AWARD BEING REVOKED** The required documents must accompany bid submittal to be eligible: TERO Certificate Front & Back (if applicable) Scope of Work The Housing Authority of the Cherokee Nation is looking for one (1) price for a complete package of these items: Nationwide Criminal Search National Known Sex Offender Search Social Security Verification Previous Address Update Death Master Index Checks all Alias Names for Criminal Records There are to be no package add-ons, no additional fees or expenses, including but not limited to state fees, court access fees, county fees and registry fees. Additionally there is to be no activation fee. Turnaround time to be 24-48 hours for background check request. Requests are preferred to be sent online. 4
Housing Authority of the Cherokee Nation MANDATORY BID RESPONSE SPREADSHEET Price for complete package: $ (275 estimated average searches per month, package to include: National Criminal Search, National Known Sex Offender Search, Social Security Verification, Previous Address Update, Death Master Index, Checks all Alias Names for Criminal Records) NOTE TO BIDDERS REGARDING INDIAN PREFERENCE: (Check One) TERO Certified Contractor: Yes No (Proof of certification must accompany all bids) SUBMITTED: Company Name Company Address Phone Number Authorized Signature Print Name & Title 5
SAMPLE CONTRACT FOR CRIMINAL BACKGROUND SERVICES # This CONTRACT FOR CRIMINAL BACKGROUND SERVICES is entered into this day of, by and between the HOUSING AUTHORITY OF THE CHEROKEE NATION (HACN) located at, and, (hereinafter called CONTRACTOR), located at. The HACN and CONTRACTOR agree as set forth below: CONTRACTOR S RESPONSIBILITIES The CONTRACTOR shall be responsible for the professional quality, technical accuracy of all services furnished by the CONTRACTOR under this contract. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its services. The CONTRACTOR shall complete requested services within days of notification by the Housing Authority. Notification to contractor shall be confirmed by submitting online of emailing request for criminal background information. In the event any requested service is expected to require more than days, the CONTRACTOR shall notify the Housing Authority accordingly. In the event the CONTRACTOR cannot or does not complete the request within days; the HACN may exercise its option to obtain the services from another business. Neither the HACN s review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The CONTRACTOR shall be and will remain liable to the HACN in accordance with applicable law for all damages to the HACN caused by the CONTRACTOR s negligent performance of any of the services furnished under this contract. The rights and remedies of the HACN provided for under this contract are in addition to any other rights and remedies provided by law. If the CONTRACTOR comprises more than one legal entity, each such entity shall be jointly and severally liable hereunder. HACN RESPONSIBILITIES In addition to requesting services to be performed, the HACN shall designate the representative authorized to act in its behalf and will be included in the submittal request online or by email to the CONTRACTOR. 6
SCHEDULE OF COMPENSATION DESCRIPTION AMOUNT Payments to be made upon acceptance of work, which meets the standards of quality, established under the contract. Invoices shall be submitted and shall include a breakdown of work completed. CONTRACT TERMS The Contract shall begin on the date of execution and continue for a period NOT TO EXCEED one (1) year. If it is determined to be in the best interest of the HACN, this contract may be extended for an additional 1-year period, but will not exceed a period of two (2) years total. TERMINATION OR CANCELLATION CLAUSE The HACN may terminate the Contractor s right to proceed under this contract with or without cause. Such termination shall be effective immediately upon delivery of written notice to the Contractor. If the HACN terminates without cause, the Contractor shall be paid a fair and reasonable amount for the work properly completed prior to the notice of termination. Should the CONTRACTOR wish to terminate or cancel any contracted work, it may do so by informing the HACN of its intent with written notice. The CONTRACTOR agrees to request no further compensation and understands the HACN will make no payment for any work canceled at the CONTRACTOR S request. ENTIRE CONTRACT AND MODIFICATION AMENDMENT This Contract represents the entire and exclusive statement of Contract of the Parties and may be modified or amended only by a written statement signed by each Party. Such modification or amendment shall be attached to, and shall thereupon become a part of this Contract. INDEPENDENT CONTRACT It is understood and agreed that the CONTRACTOR is engaged to perform services under this Contract as an independent Contractor and not as an Agent of HACN. The Parties hereto agree that no Party has any relationship with, or contractual liability to the other with respect to the subject matter of this Contract, other than as set forth herein. 7
THE WORK TO BE PERFORMED UNDER THIS CONTRACT AGREEMENT is on a project subject to section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450E(b)). Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment shall be given to Indians, and (ii) preferences in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. The parties to this contract shall comply with the provisions of said Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450E (b)) and all HUD requirements adopted pursuant to section 7(b). In connection with this contract, the parties shall, to the greatest extent feasible, give preference in the award of any subcontracts to Indian Organizations and Indian-owned Economic Enterprises, and preferences and opportunities for training and employment to Indians. This section 7(b) clause shall be incorporated into every subcontract in connection with the project. Upon a finding by the HACN or HUD that any party to this contract is in violation of the Section 7(b) clause, said party shall at the direction of the HACN, take appropriate remedial action pursuant to the contract. The Parties hereto have caused this Agreement to be effective on this date. HOUSING AUTHORITY OF THE CHEROKEE NATION PROFESSIONAL CONTRACTOR BY: BY: Contractor TITLE: TITLE: 8