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					                                  STATE OF MONTANA
                                   TERM CONTRACT
                              REQUEST FOR PROPOSAL (RFP)
RFP Number:       RFP Title:
SPB12-2029P       TEMPORARY WORKER SERVICES
    RFP Response Due Date and Time:     Number of Pages:                       Issue Date:
        Thursday, August 18, 2011       45                                     July 21, 2011
         2:00 p.m., Mountain Time

                             ISSUING AGENCY INFORMATION
Procurement Officer:                              State Procurement Bureau
Penny Moon                                         General Services Division
                                                 Department of Administration
                                                    Phone: (406) 444-2575
       Website: http://vendor.mt.gov/                 Fax: (406) 444-2529
                                                     TTY Users, Dial 711

                                 INSTRUCTIONS TO OFFERORS
Return Sealed Proposal to:
                                                                        Mark Face of
PHYSICAL ADDRESS:                 MAILING ADDRESS:                      Envelope/Package with:
 State Procurement Bureau          State Procurement Bureau
 General Services Division         General Services Division            RFP Number: SPB12-2029P
 Department of Administration      Department of Administration         RFP Response Due Date:
 Room 165, Mitchell Building       P.O. Box 200135                      August 18, 2011
 125 North Roberts Street          Helena, MT 59620-0135
 Helena, MT 59601-4588
Special Instructions:



                        OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:

                                                                       (Name/Title)


                                                                       (Signature)
                                                 Print name and title and sign in ink. By submitting a
                                                 response to this RFP, offeror acknowledges it understands
                                                 and will comply with the RFP specifications and
                                                 requirements.
Type of Entity (e.g., corporation, LLC, etc.)    Offeror Phone Number:

Offeror E-mail Address:                          Offeror FAX Number:


            OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
                                                                                                  Revised 2/11
                                                       TABLE OF CONTENTS

                                                                                                                                                      PAGE

Instructions to Offerors .............................................................................................. 3

Schedule of Events ..................................................................................................... 4

Section 1: Introduction and Instructions ................................................................. 5
        1.1    Introduction ................................................................................................................................... 5
        1.2    Cooperative Purchasing ................................................................................................................ 5
        1.3    Contract Period ............................................................................................................................. 5
        1.4    Non-Exclusive Contract ................................................................................................................. 5
        1.5    Single Point of Contact .................................................................................................................. 5
        1.6    Required Review ........................................................................................................................... 6
        1.7    General Requirements .................................................................................................................. 6
        1.8    Submitting a Proposal ................................................................................................................... 7
        1.9    Costs/Ownership of Materials ........................................................................................................ 8
Section 2: RFP Standard Information ....................................................................... 9
        2.1    Authority ........................................................................................................................................ 9
        2.2    Offeror Competition ....................................................................................................................... 9
        2.3    Receipt of Proposals and Public Inspection ................................................................................... 9
        2.4    Classification and Evaluation of Proposals .................................................................................... 9
        2.5    State's Rights Reserved .............................................................................................................. 11
Section 3: Scope of Services .................................................................................. 12
        3.1      Introduction .............................................................................................................................. 12
        3.2      Contractor Responsibilities ....................................................................................................... 12
        3.3      Agency Responsibilities ............................................................................................................ 14
        3.4      Position Descriptions ................................................................................................................ 14
Section 4: Offeror Qualifications ............................................................................ 17
        4.1    State's Right to Investigate and Reject ........................................................................................ 17
        4.2    Offeror Qualifications ................................................................................................................... 17
Section 5: Cost Proposal......................................................................................... 19
Section 6: Evaluation Process ................................................................................ 20
        6.1    Basis of Evaluation ...................................................................................................................... 20
        6.2    Evaluation Criteria ....................................................................................................................... 20

Appendix A - Standard Terms and Conditions ....................................................... 22
Appendix B - Contract .............................................................................................. 24
        Attachment A, Business Associate Agreement ............................................................................... 36
        Attachment B, IRS Regulations......................................................................................................... 40
        Attachment C, Montana Prevailing Wage Rates for Nonconstruction Services 2011 ................... 42
Appendix C - Client Reference Form ....................................................................... 43




                                                                                  RFP# SPB12-2029P, Temporary Worker Services, Page 2
                                  INSTRUCTIONS TO OFFERORS
It is the responsibility of each offeror to:
   Follow the format required in the RFP when preparing your response. Provide responses in a clear and
   concise manner.
   Provide complete answers/descriptions. Read and answer all questions and requirements. Proposals
   are evaluated based solely on the information and materials provided in your written response.
   Use any forms provided, e.g., cover page, budget form, certification forms, etc.
   Submit your response on time. Note all the dates and times listed in the Schedule of Events and within
   the document. Late proposals are never accepted.

                          The following items MUST be included in the response.
           Failure to include ANY of these items may result in a nonresponsive determination.

    Signed Cover Sheet
    Signed Addenda (if appropriate) in accordance with Section 1.6.3
    Correctly executed State of Montana "Affidavit for Trade Secret Confidentiality" form, if claiming
     information to be confidential or proprietary in accordance with Section 2.3.1.
    In addition to a detailed response to all requirements within Sections 4, 5, and Appendix C,
     offeror must acknowledge that it has read, understands, and will comply with each
     section/subsection listed below by initialing the line to the left of each. If offeror cannot meet a
     particular requirement, provide a detailed explanation next to that requirement.

              Section 1, Introduction and Instructions
              Section 2, RFP Standard Information
              Section 3, Scope of Services
              Section 4.1, State's Right to Investigate and Reject
              Section 6, Evaluation Process
              Appendix A, Standard Terms and Conditions
              Appendix B, Contract
              Appendix B, Attachment A, Business Associate Agreement
              Appendix B, Attachment B, IRS Regulations
              Appendix B, Attachment C, Montana Prevailing Wages Rates for Nonconstruction Services
              2011




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 3
                                         SCHEDULE OF EVENTS

EVENT                                                                                                       DATE

RFP Issue Date ........................................................................................ July 21, 2011

Deadline for Receipt of Written Questions ........................................... July 29, 2011

Deadline for Posting Written Responses to the State's Website ..... August 4, 2011

RFP Response Due Date ................................................................... August 18, 2011

Intended Date for Contract Award .................................................November 1, 2011*

*The dates above identified by an asterisk are included for planning purposes. These dates
 are subject to change.




                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 4
                     SECTION 1: INTRODUCTION AND INSTRUCTIONS

1.1    INTRODUCTION
The STATE OF MONTANA Department of Administration State Procurement Bureau (hereinafter referred to
as “the State”) is seeking a contractor to provide temporary worker services. The State anticipates issuing
contracts to multiple contractors for these services. A more complete description of the services sought for this
project is provided in Section 3, Scope of Services. Proposals submitted in response to this solicitation must
comply with the instructions and procedures contained herein.

1.2    COOPERATIVE PURCHASING
Under Montana law, public procurement units, as defined in section 18-4-401, MCA, have the option of
cooperatively purchasing with the State of Montana. Public procurement units are defined as local or state
public procurement units of this or any other state, including an agency of the United States, or a tribal
procurement unit. Unless the bidder/offeror objects, in writing, to the State Procurement Bureau prior to the
award of this contract, the prices, terms, and conditions of this contract will be offered to these public
procurement units. However, the State Procurement Bureau makes no guarantee of any public procurement
unit participation in this contract.

1.3    CONTRACT PERIOD
The contract period is three year(s), beginning November 1, 2011, and ending October 31, 2014, inclusive.
The parties may mutually agree to a renewal of this contract in two-year intervals, or any interval that is
advantageous to the State. This contract, including any renewals, may not exceed a total of seven years, at
the State's option.

1.4    NON-EXCLUSIVE CONTRACT
The intent of this contract is to provide state agencies with an expedited means of procuring supplies and/or
services. This contract is for the convenience of state agencies and is considered by the State Procurement
Bureau to be a “non-exclusive” use contract. Therefore, agencies may obtain this product/service from sources
other than the contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement.
The State Procurement Bureau does not guarantee any usage.

1.5    SINGLE POINT OF CONTACT
From the date this Request for Proposal (RFP) is issued until an offeror is selected and announced by the
procurement officer, offerors shall not communicate with any state staff regarding this procurement,
except at the direction of Penny Moon, the procurement officer in charge of the solicitation. Any
unauthorized contact may disqualify the offeror from further consideration. Contact information for the single
point of contact is:

                                       Procurement Officer: Penny Moon
                                      Telephone Number: (406) 444-3313
                                         Fax Number: (406) 444-2529
                                        E-mail Address: pmoon@mt.gov




                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 5
1.6    REQUIRED REVIEW
        1.6.1 Review RFP. Offerors shall carefully review the entire RFP. Offerors shall promptly notify the
procurement officer identified above via e-mail or in writing of any ambiguity, inconsistency, unduly restrictive
specifications, or error which they discover. In this notice, the offeror shall include any terms or requirements
within the RFP that preclude the offeror from responding or add unnecessary cost. Offerors shall provide an
explanation with suggested modifications. The notice must be received by the deadline for receipt of inquiries
set forth below. The State will determine any changes to the RFP.

         1.6.2 Form of Questions. Offerors having questions or requiring clarification or interpretation of any
section within this RFP must address these issues via e-mail or in writing to the procurement officer listed
above on or before Friday, July 29, 2011. Offerors are to submit questions using the Vendor RFP Question
and Answer Form available on the OneStop Vendor Information website at:
http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspx or by calling (406) 444-2575. Clear reference to the
section, page, and item in question must be included in the form. Questions received after the deadline may
not be considered.

        1.6.3 State's Response. The State will provide a written response by Thursday, August 4, 2011 to
all questions received by July 29, 2011. The State's response will be by written addendum and will be posted
on the State's website with the RFP at http://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspx by the close of
business on the date listed. Any other form of interpretation, correction, or change to this RFP will not be
binding upon the State. Offerors shall sign and return with their RFP response an Acknowledgment of
Addendum for any addendum issued.

1.7    GENERAL REQUIREMENTS
       1.7.1 Acceptance of Standard Terms and Conditions/Contract. By submitting a response to this
RFP, offeror accepts the standard terms and conditions and contract set out in Appendices A and B,
respectively. Much of the language included in the standard terms and conditions and contract reflects
requirements of Montana law.

Offerors requesting additions or exceptions to the standard terms and conditions, contract terms, shall submit
them to the procurement officer listed above by the date in Section 1.6.2. A request must be accompanied by
an explanation why the exception is being sought and what specific effect it will have on the offeror's ability to
respond to the RFP or perform the contract. The State reserves the right to address nonmaterial requests for
exceptions to the standard terms and conditions and contract language with the highest scoring offeror(s)
during contract negotiation.

The State shall identify any revisions to the standard terms and conditions and contract language in a written
addendum issued for this RFP. The addendum will apply to all offerors submitting a response to this RFP.
The State will determine any changes to the standard terms and conditions and/or contract.

       1.7.2 Resulting Contract. This RFP and any addenda, the offeror's RFP response, including any
amendments, a best and final offer (if any), and any clarification question responses shall be incorporated by
reference in any resulting contract.

        1.7.3 Understanding of Specifications and Requirements. By submitting a response to this RFP,
offeror acknowledges it understands and will comply with the RFP specifications and requirements.

        1.7.4 Offeror's Signature. Offeror's proposal must be signed in ink by an individual authorized to
legally bind the offeror. The offeror's signature guarantees that the offer has been established without
collusion. Offeror shall provide proof of authority of the person signing the RFP upon State's request.


                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 6
       1.7.5 Offer in Effect for 120 Calendar Days. Offeror agrees that it may not modify, withdraw, or
cancel its proposal for a 120-day period following the RFP due date, or receipt of best and final offer, if
required.

1.8    SUBMITTING A PROPOSAL
       1.8.1 Organization of Proposal. Offerors must organize their proposal into sections that follow the
format of this RFP. Proposals should be bound, and must include tabbed dividers separating each section.
Proposal pages must be consecutively numbered.

All subsections not listed in the "Instructions to Offerors" on page 3 require a response. Restate the
section/subsection number and the text immediately prior to your written response.

Unless specifically requested in the RFP, an offeror making the statement "Refer to our literature…" or "Please
see www…….com" may be deemed nonresponsive or receive point deductions. If making reference to
materials located in another section of the proposal, specific page numbers and sections must be noted. The
Evaluator/Evaluation Committee is not required to search through the proposal or literature to find a
response.

The State encourages offerors to use materials (e.g., paper, dividers, binders, brochures, etc.) that contain
post-consumer recycled content. Offerors are encouraged to print/copy on both sides of each page.

       1.8.2 Failure to Comply with Instructions. Offerors failing to comply with these instructions may be
subject to point deductions. Further, the State may deem a proposal nonresponsive or disqualify it from further
consideration if it does not follow the response format, is difficult to read or understand, or is missing requested
information.

        1.8.3 Multiple Proposals. Offerors may, at their option, submit multiple proposals. Each proposal
shall be evaluated separately.

       1.8.4 Price Sheets. Offerors must use the RFP Price Sheets found in Section 5. These price sheets
serve as the primary representation of offeror's cost/price. Offeror should include additional information as
necessary to explain the offeror's cost/price.

       1.8.5 Copies Required and Deadline for Receipt of Proposals. Offerors must submit one original
proposal and six copies to the State Procurement Bureau. In addition, offerors must submit two electronic
copies on compact disc (CD) or universal serial bus (USB) flash drive in Microsoft Word or portable document
format (PDF). If any confidential materials are included in accordance with the requirements of Section 2.3.2,
they must be submitted on a separate CD or USB flash drive.

EACH PROPOSAL MUST BE SEALED AND LABELED ON THE OUTSIDE OF THE PACKAGE clearly
indicating it is in response to RFP # SPB12-2029P. Proposals must be received at the reception desk of
the State Procurement Bureau prior to 2:00 p.m., Mountain Time, Thursday, August 18, 2011. Offeror is
solely responsible for assuring delivery to the reception desk by the designated time.

        1.8.6 Facsimile Responses. A facsimile response to an RFP will ONLY be accepted on an
exception basis with prior approval of the procurement officer and only if it is received in its entirety by the
specified deadline. Responses to RFPs received after the deadline will not be considered.

      1.8.7 Late Proposals. Regardless of cause, the State shall not accept late proposals. Such
proposals will automatically be disqualified from consideration. Offeror may request the State return the
proposal at offeror's expense or the State will dispose of the proposal if requested by the offeror. (See
Administrative Rules of Montana (ARM) 2.5.509.)

                                                             RFP# SPB12-2029P, Temporary Worker Services, Page 7
1.9    COSTS/OWNERSHIP OF MATERIALS
        1.9.1 State Not Responsible for Preparation Costs. Offeror is solely responsible for all costs it
incurs prior to contract execution.

      1.9.2 Ownership of Timely Submitted Materials. The State shall own all materials submitted in
response to this RFP.




                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 8
                         SECTION 2: RFP STANDARD INFORMATION

2.1    AUTHORITY
The RFP is issued under 18-4-304, Montana Code Annotated (MCA) and ARM 2.5.602. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative
importance of all evaluation criteria. The State shall use only the evaluation criteria outlined in this RFP.

2.2    OFFEROR COMPETITION
The State encourages free and open competition to obtain quality, cost-effective services and supplies. The
State designs specifications, proposal requests, and conditions to accomplish this objective.

2.3    RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
        2.3.1 Public Information. Subject to exceptions provided by Montana law, all information received in
response to this RFP, including copyrighted material, is public information. Proposals will be made available
for public viewing and copying shortly after the proposal due date and time. The exceptions to this requirement
are: (1) bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, chapter
14, part 4, MCA, that have been properly marked, separated, and documented; (2) matters involving individual
safety as determined by the State; and (3) other constitutional protections. See 18-4-304, MCA. The State
provides a copier for interested parties' use at $0.10 per page. The interested party is responsible for the cost
of copies and to provide personnel to do the copying.

        2.3.2 Procurement Officer Review of Proposals. Upon opening the proposals in response to this
RFP the procurement officer reviews the proposals for information that meets the exceptions in Section 2.3.1,
providing the following conditions have been met:

       ●   Confidential information (including any provided in electronic media) is clearly marked and
           separated from the rest of the proposal.
       ●   The proposal does not contain confidential material in the cost or price section.
       ●   An affidavit from the offeror's legal counsel attesting to and explaining the validity of the trade secret
           claim as set out in Title 30, chapter 14, part 4, MCA, is attached to each proposal containing trade
           secrets. Counsel must use the State of Montana "Affidavit for Trade Secret Confidentiality" form in
           requesting the trade secret claim. This affidavit form is available on the OneStop Vendor
           Information website at: http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspx or by calling (406)
           444-2575.

Information separated out under this process will be available for review only by the procurement officer, the
evaluator/evaluation committee members, and limited other designees. Offerors shall pay all of its legal costs
and related fees and expenses associated with defending a claim for confidentiality should another party
submit a "right to know" (open records) request.

2.4    CLASSIFICATION AND EVALUATION OF PROPOSALS
          2.4.1 Initial Classification of Proposals as Responsive or Nonresponsive. The State shall
initially classify all proposals as either "responsive" or "nonresponsive" (ARM 2.5.602). The State may deem a
proposal nonresponsive if: (1) any of the required information is not provided; (2) the submitted price is found
to be excessive or inadequate as measured by the RFP criteria; or (3) the proposal does not meet RFP
requirements and specifications. The State may find any proposal to be nonresponsive at any time during the
procurement process. If the State deems a proposal nonresponsive, it will not be considered further.

                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 9
        2.4.2 Determination of Responsibility. The procurement officer will determine whether an offeror
has met the standards of responsibility consistent with ARM 2.5.407. An offeror may be determined
nonresponsible at any time during the procurement process if information surfaces that supports a
nonresponsible determination. If an offeror is found nonresponsible, the procurement officer will notify the
offeror by mail. The determination will be made a part of the procurement file.

        2.4.3 Evaluation of Proposals. An evaluator/evaluation committee will evaluate all responsive
proposals based on stated criteria and recommend award to the highest scoring offeror(s). The
evaluator/evaluation committee may initiate discussion, negotiation, or a best and final offer. In scoring against
stated criteria, the evaluator/evaluation committee may consider such factors as accepted industry standards
and a comparative evaluation of other proposals in terms of differing price and quality. These scores will be
used to determine the most advantageous offering to the State. If an evaluation committee meets to deliberate
and evaluate the proposals, the public may attend and observe the evaluation committee deliberations.

        2.4.4 Completeness of Proposals. Selection and award will be based on the offeror's proposal and
other items outlined in this RFP. Proposals may not include references to information such as Internet
websites, unless specifically requested. Information or materials presented by offerors outside the formal
response or subsequent discussion, negotiation, or best and final offer, if requested, will not be considered, will
have no bearing on any award, and may result in the offeror being disqualified from further consideration.

       2.4.5 Achieve Minimum Score. Any proposal that fails to achieve 60% of the total available points
for Sections 4.2.1, 4.2.2, or 4.2.3 will be eliminated from further consideration. A "fail" for any individual
evaluation criteria may result in proposal disqualification at the discretion of the procurement officer.

        2.4.6 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration.
After receipt of proposals and prior to the recommendation of award, the procurement officer may initiate
discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be
required to make an oral presentation and/or product demonstration to clarify their RFP response or to further
define their offer. In either case, offerors should be prepared to send qualified personnel to Helena, Montana,
to discuss technical and contractual aspects of their proposal. Oral presentations and product demonstrations,
if requested, shall be at the offeror's expense.

         2.4.7 Best and Final Offer. Under Montana law, the procurement officer may request a best and
final offer if additional information is required to make a final decision. The State reserves the right to request a
best and final offer based on price/cost alone. Please note that the State rarely requests a best and final offer
on cost alone.

       2.4.8 Evaluator/Evaluation Committee Recommendation for Contract Award. The evaluator/
evaluation committee will provide a written recommendation for contract award to the procurement officer that
contains the scores, justification, and rationale for the decision. The procurement officer will review the
recommendation to ensure its compliance with the RFP process and criteria before concurring with the
evaluator's/evaluation committee's recommendation.

         2.4.9 Request for Documents Notice. Upon concurrence with the evaluator's/evaluation
committee's recommendation, the procurement officer will request from the highest scoring offeror(s) the
required documents and information, such as insurance documents, contract performance security, an
electronic copy of any requested material (e.g., proposal, response to clarification questions, and/or best and
final offer), and any other necessary documents. Receipt of this request does not constitute a contract and no
work may begin until a contract signed by all parties is in place. The procurement officer will notify all
other offerors of the State's selection.




                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 10
        2.4.10 Contract Execution. Upon receipt of all required materials, a contract (Appendix B)
incorporating the Standard Terms and Conditions (Appendix A), as well as the highest scoring offeror's
proposal, will be provided to the highest scoring offeror(s) for signature. The highest scoring offeror(s) will be
expected to accept and agree to all material requirements contained in Appendices A and B of this RFP. If the
highest scoring offeror(s) does not accept all material requirements, the State may move to the next highest
scoring offeror(s), or cancel the RFP. Work under the contract may begin when the contract is signed by all
parties.

2.5    STATE'S RIGHTS RESERVED
While the State has every intention to award a contract resulting from this RFP, issuance of the RFP in no way
constitutes a commitment by the State to award and execute a contract. Upon a determination such actions
would be in its best interest, the State, in its sole discretion, reserves the right to:

       ●   Cancel or terminate this RFP (18-4-307, MCA);
       ●   Reject any or all proposals received in response to this RFP (ARM 2.5.602);
       ●   Waive any undesirable, inconsequential, or inconsistent provisions of this RFP that would not have
           significant impact on any proposal (ARM 2.5.505);
       ●   Not award a contract, if it is in the State's best interest not to proceed with contract execution (ARM
           2.5.602); or
       ●   If awarded, terminate any contract if the State determines adequate state funds are not available
           (18-4-313, MCA).




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 11
                                SECTION 3: SCOPE OF SERVICES

3.1    INTRODUCTION
Various state agencies use the services of private companies to provide temporary workers as needed. These
individuals provide a variety of clerical, data entry, word processing, general laborer, and forestry services on a
temporary basis. The need for additional temporary worker resources has become apparent as the State’s
workload continues to grow. Contracted services help to meet program responsibilities at all levels of State
government. Therefore, it is necessary to contract with private industry to achieve our goals.

Temporary service contracts are needed to perform services in eight cities around the State. Those cities are:
Billings, Butte, Bozeman, Great Falls, Helena, Kalispell, Miles City, and Missoula. This RFP may result in
contracts being offered to multiple firms.

Temporary workers will be assigned various tasks with the majority of work to be general clerical duties. The
specific types of workers for this contract are - limited experience clerical, experienced clerical, advanced
software specialist, general labor, janitorial worker, maintenance worker, warehouse worker, forest technician,
professional forester, forest project leader/lead management forester, biologist, botanist, right-of-way agent
and related, and resource specialists.

Following is usage data for the current temporary worker services contract. These amounts are reported based
on fiscal year periods (July 1 through June 30). Please note that this data is not available broken down by
service category or location/city. These amounts are provided as a resource only; the State Procurement
Bureau does not guarantee any usage.
                FY10 $2,646,953
                FY09 $2,583,359
                FY08 $2,371,562
                FY07 $2,581,230
                FY06 $2,027,316

3.2    CONTRACTOR RESPONSIBILITIES
The provision of temporary worker services should enable state agencies to concentrate on other areas of
concern, such as general program implementation, and enable them to maintain operation standards. The
general requirements applicable to the contractor are as follows:

        3.2.1 Temporary Service Provider. The contractor must be a temporary service offeror as defined in
39-71-116(33) MCA. The temporary worker shall be an employee of the contractor, not an employee of the
State of Montana, (Ref. 39-71-116(35) MCA). However, if the temporary worker has retired from the Montana
Public Employees’ Retirement System (PERS), the hour and wage limitations applicable to working retirees
are applicable to the temporary worker (Ref. 19-3-1106 MCA). The employer of a retiree returning to
employment covered by the retirement system shall certify to the board the number of hours worked by the
retiree and the gross compensation paid to the retiree in that employment during any pay period after
retirement. The certification of hours and compensation may be submitted electronically pursuant to rules
adopted by the board. (Ref. 19-3-1106(3) MCA)
Note: "Board" means the public employees' retirement board provided for in 2-15-1009, MCA.

The contractor must have a fully functional office open during regular business days, minimum of Monday
through Friday, 8 a.m. to 5 p.m., to provide the support necessary for performance of the services required.

       3.2.2 TANF. The contractor shall encourage employment opportunities for qualified TANF (Temporary
Assistance for Needy Families) program participants.

      3.2.3 Skilled Workers. The contractor shall provide workers who possess the skills and abilities
necessary to successfully complete the duties assigned by the State.

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 12
        3.2.4 Work Schedules. The temporary worker may be required to work up to eight hours each day.
On rare occasions, the worker may be required to work overtime, weekends, or holidays. Rates for these times
will be negotiated between the agency and the contractor, on a case-by-case basis.

       3.2.5 Length of Assignment. Temporary workers shall be provided to the requesting
agency/department for a maximum of three months or 480 hours, as required. (State agencies should use the
modified FTE process for temporary employment requiring longer terms.)

        3.2.6 Payroll and Accounting Responsibilities. The contractor shall retain the responsibility for
payroll and accounting for all required withholding for the temporary worker(s), including, but not limited to:
         Federal, state and social security taxes;
         Federal and state unemployment insurance;
         Worker’s compensation;
         All monthly, quarterly, and annual government and insurance reports;
         Calculate, print, and distribute employee’s W-2 forms; and
         Mandatory child support deductions.

       3.2.7 Invoicing. Upon submission of verification of hours worked by the temporary worker(s), the
contractor shall invoice the designated agency at regular intervals for payment of contracted services
rendered. The contractor will only be reimbursed for actual hours worked by their employee. Each using
agency will be responsible for payment of services rendered, invoices must be sent directly to the agency
requesting the worker(s).

       3.2.8 Unsatisfactory Workers. The State retains the right to refuse any unsatisfactory worker and
the contractor shall guarantee a satisfactory replacement at no additional charge to the State. The contractor
must provide a replacement worker within one working day of notification.

The State shall have the right to immediately release a temporary worker unable to satisfactorily perform
assigned duties or whose behavior is unacceptable, rude, harassing or threatening at any time. The contractor
shall replace that worker for the duration of the work assignment. In the event a worker is removed prior to
completion of the scheduled work shift, the contractor will be reimbursed for actual hours of work up to the time
the contractor is informed that the unsatisfactory worker is no longer needed. No charge for
removal/replacement will be paid.

        3.2.9 Rules and Policies. The contractor will be informed of the rules and policies of the State
agencies and provide workers who are familiar with and can comply with them. The State may require the
contractor to have a background investigation initiated or completed prior to placement of temporary worker(s).
This investigation should include but is not limited to:
         Fingerprint I.D. Check
         Active past employer reference check
         Past residence history

Files shall be maintained regarding these investigations and will be kept by the contractor and the requesting
agencies’ human resources office. The State may conduct inspections of these background investigations to
ensure compliance and appropriateness of hire.

The contractor shall inform the worker(s) that the State does not pay for parking expenses.

The worker will be required to read and sign an acknowledgement that they agree to abide by the State and
the Agency Codes of Ethics and Behavior.

       3.2.10 Business Associate Agreement Provisions. The Department of Public Health and Human
Services may wish to use this contract for services involving handling of protected health information under the


                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 13
Health Insurance Portability and Accountability Act of 1996 (HIPAA). Contractors are required to execute the
Business Associate Agreement (see Appendix B, Attachment A).

       3.2.11 Federal Tax Information. In the course of working for the State temporary workers may have
access to federal tax information. Therefore contractors and workers must comply with Internal Revenue
Service (IRS) rules and regulations regarding access and handling of this type of information. The IRS
requirements can be found in Appendix B, Attachment B.

3.3    AGENCY RESPONSIBILITIES
        3.3.1 Agency Liaison. Each agency will designate a liaison(s) to be responsible for the request and
authorization of temporary services. The liaison will attempt to provide 24 hours notice prior to requiring
services. However, on occasion the State may require immediate placement. If immediate placement is not
available, the State reserves the right to procure services from another temporary service contractor.

When requested by the agency liaison the contractor will provide a list of qualified individuals and
documentation of their qualifications (i.e. employment application; testing results; resumes, etc.). The State
reserves the right to interview the workers selected by the contractor before making a selection.

        3.3.2 Equipment and Supplies. The individual agencies will supply temporary workers with data
entry terminal, office equipment, supplies, and other similar and related items necessary to perform the
assigned tasks.

3.4    POSITION DESCRIPTIONS
       3.4.1 Limited Experience Clerical. An individual with less than 12 months of experience who can
perform copying, filing, receptionist duties, may be required to do minimal typing, and has some office
experience.

        3.4.2 Experienced Clerical. An individual with one to two years of experience, has worked with
modern copiers, telephone systems, has some experience with word processing software programs such as
Word and some experience with spreadsheet software programs such as Excel. This individual may perform
data entry, some word processing and general clerical/receptionist duties, bookkeeping duties, and has at least
one to two years of office experience. Data entry will include enter and transfer of data from existing
databases, medical records, shipment invoices, quarterly reports, demographic reports, etc. It is mandatory
that data entry made for confidential files remain confidential.

       3.4.3 Advanced Software Specialist. An individual possessing the skills listed above with a
minimum of two years of computer experience. Extensive knowledge in word processing software programs
such as Word, and spreadsheet software programs such as Excel needed. Some knowledge of PeopleSoft
software would be helpful.

        3.4.4 General Labor. Duty assignments may include: loading, unloading, and carrying materials
such as lumber, cement, gravel, etc., repair work, equipment and tools, lawn maintenance duties, maintenance
of service equipment, light carpentry and painting, site clean-up, etc. Prevailing wage rates for Nonconstruction
Services apply to this service category, see 2011 rates in Appendix B, Attachment C.

      3.4.5 Janitorial Worker. Duties may include but are not limited to sweeping, vacuuming, garbage
removal, bathroom cleaning, etc. Services may be needed statewide. Prevailing wage rates for
Nonconstruction Services apply to this service category, see 2011 rates in Appendix B, Attachment C.

      3.4.6 Maintenance Worker. Duties may include but are not limited to grounds upkeep (snowplowing,
mowing, trimming, etc.), miscellaneous maintenance work (painting, office moves, and minor maintenance

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 14
activities such as changing out lights, fixing cabinets, hauling office supplies, recycling). Services may be
needed statewide. Prevailing wage rates for Nonconstruction Services apply to this service category, see 2011
rates in Appendix B, Attachment C.

       3.4.7 Warehouse Worker. The individuals for this position must have shipping, packaging, and
stocking experience and must also have the physical ability to lift up to 50 lbs. Duties to include assembling
products, packaging orders, stocking inventory/delivery trucks, loading/unloading truck, cleaning warehouse,
and external yard and building maintenance. Prevailing wage rates for Nonconstruction Services apply to this
service category, see 2011 rates in Appendix B, Attachment C.

        3.4.8 Forest Technician. Under general supervision (detailed written guidance and oral instruction)
of Department of Natural Resources and Conservation (DNRC) field forester, marks trees for harvest or other
designations, delineates harvest & SMZ boundaries, measures (cruises) trees for volume estimates, completes
field surveys and sampling, develops road maintenance and construction logs, identifies tree species and
estimates defect in standing and down trees and performs GPS mapping. Services may be needed in the
Missoula and Kalispell areas. Prevailing wage rates for Nonconstruction Services apply to this service
category, see 2011 rates in Appendix B, Attachment C.

        3.4.9 Professional Forester. Performs all the activities of the forest technician, but also is expected
to oversee field crews, complete timber sale design, transportation planning, ensure Montana Environmental
Protection Act (MEPA) compliance, prepare timber sale contract and ensure compliance with forestry laws,
rules and guidelines. Uses forest road layout knowledge to identify potential road locations. Services may be
needed in the Missoula and Kalispell areas. Note: This position must be paid at least the Prevailing Wage rate
for the occupation/classification applicable to the work being performed.

        3.4.10 Forester Project Leader/Lead Management Forester. Is required to oversee other foresters
(DNRC and other contract personnel) in the context of specific projects and exercise advanced professional
judgment. Coordinates and manages ID teams, provides oversight on MEPA documents, timber sale contract
preparation and related activities. Services may be needed in the Missoula and Kalispell areas. Note: This
position must be paid at least the Prevailing Wage rate for the occupation/classification applicable to the work
being performed.

       3.4.11 Biologist. Participates on Project I.D. teams by providing biological analysis of sensitive,
threatened and endangered species inhabiting gross project areas. Provides written reports that detail
analysis of various project alternatives, assesses and documents the biological impacts associated with each.
Requires visiting the project area as well as analysis of published research. Services may be needed in the
Missoula and Kalispell areas.

        3.4.12 Botanist. Identifies rare and sensitive plant species and their habitat and range of occurrence
throughout gross project areas, using professional expertise to predict and locate probable populations. Maps
results and provides reports suitable for inclusion in environmental documents. Works under general direction,
using a requested geographic area for plant surveys. It is extremely important that work coincides with
flowering periods of plants. Services may be needed in the Missoula and Kalispell areas.

       3.4.13 Right-of-Way Agent and Related. Under the direction of appropriate DNRC personnel,
prepares documents for reciprocal access and cost share packages for review and ultimate presentation to
Land Board. Provides input and research on road appraisal, relevant geographic information and land
ownership. Typically, these are services that are provided by individuals that have a vast knowledge of right-of-
way law, agency protocols and have a unique and useful relationship amongst DNRC cooperators and private
landowners. Does NOT have the authority to negotiate or do business on behalf of the DNRC. Services may
be needed in the Missoula and Kalispell areas.

       3.4.14 Resource Specialists. This position would be responsible for assessing the existing
environment concerning a specific resource such as wildlife, preparing resource biological evaluations for

                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 15
MEPA documentation and input to the DNRC project leader for designing timber sales and mitigations as
needed. This generally requires both field review and office work for preparing professional reports or parts of
the MEPA documentation. Services may be needed in the Missoula and Kalispell areas.

         3.4.15 Specialty Positions. Hourly or per job rates for any other specialty positions or positions not
identified within this RFP may be negotiated between the agencies and the contractor(s). Also, the State
agencies may negotiate hourly or per job rates for temporary workers needed in other locations not identified
within this contract. If the agency and contractor are unable to agree on an hourly rate to be charged for these
positions, the State reserves the right to procure the services elsewhere.




                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 16
                           SECTION 4: OFFEROR QUALIFICATIONS
All subsections of Section 4 not listed in the "Instructions to Offerors" on page 3 require a response.
Restate the subsection number and the text immediately prior to your written response.

4.1    STATE'S RIGHT TO INVESTIGATE AND REJECT
The State may make such investigations as deemed necessary to determine the offeror's ability to perform the
services specified. The State reserves the right to reject a proposal if the information submitted by, or
investigation of, the offeror fails to satisfy the State that the offeror is properly qualified to perform the
obligations of the contract. This includes the State's ability to reject the proposal based on negative
references.

4.2    OFFEROR QUALIFICATIONS
To enable the State to determine the capabilities of an offeror to perform the services specified in the RFP, the
offeror shall respond to the following regarding its ability to meet the State's requirements. THE RESPONSE,
"(OFFEROR'S NAME) UNDERSTANDS AND WILL COMPLY," IS NOT APPROPRIATE FOR THIS
SECTION.

NOTE: Each item must be thoroughly addressed. Offerors taking exception to any requirements listed
in this section may be found nonresponsive or be subject to point deductions.

        4.2.1 Client Reference Form. Offeror shall provide complete and separate Appendix C, Client
Reference Form, for three references that are using or have used services of the type proposed in this RFP.
The references may include state governments or universities for whom the offeror, preferably within the last
five years, has successfully provided temporary worker services. A responsible party of the organization for
which the services were provided to the client (the offeror's customer) must provide the reference information
and must sign and date the form. No more than one reference may be from a State of Montana agency. It
is the offeror's responsibility to ensure that the completed forms are submitted with the proposal by the
submission date, for inclusion in the evaluation process. Any Client Reference Forms that are not received or
are not completed, may adversely affect the offeror's score in the evaluation process. Client Reference Forms
exceeding the specified number will not be considered. The State may contact the client references for
validation of the information provided in the Client Reference Forms. If the State finds erroneous information,
evaluation points may be deducted or the proposal may be rejected.

        4.2.2 Company Profile and Experience. Offeror shall provide documentation establishing the
individual or company submitting the proposal has the qualifications and experience to provide the services
specified in this RFP, including, at a minimum:
         A detailed description of any similar past projects, including the service type and dates the services
            were provided;
         The client for whom the services were provided; and
         A general description of the firm including its primary source of business, organizational structure
            and size, number of employees, years of experience performing services similar to those described
            within this RFP.

         4.2.3 Method of Providing Services. Offeror should provide a description of the methods to be used
that will convincingly demonstrate to the State how the services will be provided. Provide details of billing
procedures, i.e. ability to bill individual agencies, procedure whereby hours worked can be verified by the
agency and compared to the invoice amount, etc.


                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 17
Describe available services and how the services listed herein will be accomplished, including detailed
responses to each requirement listed in Sections 3.2 and 3.4. Describe how the job markets will be covered,
list which of the position descriptions and cities specified herein you intend to provide services for, contact
person at each location, the approximate number of workers available for each city, and include any other
locations in which temporary services can be provided.

The offeror must provide evidence that it utilizes an application process that includes screening, pre-
qualification, and reference checks sufficient to establish a pool of temporary workers who can be placed within
one working day of requests by the agencies.

Describe your company’s training opportunities for the workers. List the types of training available; how it is
determined which workers receive training; the minimum requirements; etc.




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 18
                                   SECTION 5: COST PROPOSAL
Provide a cost proposal listing per hour prices per location offered for the following positions. Offerors are not
required to bid on all positions listed.

Temporary service contracts are needed to perform services in the following cities:

Billings, Butte, Bozeman, Great Falls, Helena, Kalispell, Miles City, and Missoula


                                     Position Title                        Cost per Hour

                              Limited Experience Clerical                          $


                                  Experienced Clerical                             $

                             Advanced Software Specialist                          $

                                     General Labor                                 $

                                    Janitorial Worker                              $

                                  Maintenance Worker                               $

                                  Warehouse Worker                                 $


                                   Forest Technician                               $


                                 Professional Forester                             $

                               Forester Project Leader /
                                                                                   $
                              Lead Management Forester

                                        Biologist                                  $


                                        Botanist                                   $


                                  Right-of-Way Agent                               $


                                 Resource Specialists                              $




                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 19
                               SECTION 6: EVALUATION PROCESS

6.1     BASIS OF EVALUATION
The evaluator/evaluation committee will review and evaluate the offers according to the following criteria based
on a total number of 2,265 points.

The Company Profile and Experience and Method of Providing Services portions of the proposal will be
evaluated based on the following Scoring Guide. The Client Reference Forms will be evaluated based on the
scoring method described in Appendix C. The Cost Proposal will be evaluated based on the formula set forth
below.

Any response that fails to achieve a minimum score per the requirements of Section 2.4.5 will be
eliminated from further consideration. A "fail" for any individual evaluation criterion may result in
proposal disqualification at the discretion of the procurement officer.

                                               SCORING GUIDE

In awarding points to the evaluation criteria, the evaluator/evaluation committee will consider the following
guidelines:

Superior Response (95-100%): A superior response is an exceptional reply that completely and
comprehensively meets all of the requirements of the RFP. In addition, the response may cover areas not
originally addressed within the RFP and/or include additional information and recommendations that would
prove both valuable and beneficial to the agency.

Good Response (75-94%): A good response clearly meets all the requirements of the RFP and
demonstrates in an unambiguous and concise manner a thorough knowledge and understanding of the
project, with no deficiencies noted.

Fair Response (60-74%): A fair response minimally meets most requirements set forth in the RFP. The
offeror demonstrates some ability to comply with guidelines and requirements of the project, but knowledge of
the subject matter is limited.

Failed Response (59% or less): A failed response does not meet the requirements set forth in the RFP. The
offeror has not demonstrated sufficient knowledge of the subject matter.

6.2     EVALUATION CRITERIA

          Category                                                              Section of RFP     Point Value

      Client Reference Forms                                          9% of points for a possible 210 points

1.    Client Reference Form #1                                                       4.2.1              70
2.    Client Reference Form #2                                                       4.2.1              70
3.    Client Reference Form #3                                                       4.2.1              70

      Company Profile and Experience                                 28% of points for a possible 630 points

4.    Relevant Past Projects                                                         4.2.2             250
5.    Client Listing                                                                 4.2.2             130

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 20
          Category                                                             Section of RFP     Point Value
6.    Firm History and Experience                                                   4.2.2             250

      Method of Providing Services                                 44% of points for a possible 1,005 points

7.    Methods to be Used                                                             4.2.3             50
8.    Billing Procedures                                                             4.2.3             100
9.    Work Hours Verification                                                        4.2.3             100
10.   Invoicing                                                                      4.2.3             50
11.   Job Market Coverage                                                            4.2.3             200
12.   Position Descriptions Offered                                              3.4 and 4.2.3         200
13.   Locations Where Services Will be Offered                                       4.2.3             50
14.   Ability to Meet Contractor Responsibilities                                3.2 and 4.2.3         50
15.   Application and Screening Processes                                            4.2.3             105
16.   Worker Training                                                                4.2.3             100

      Cost Proposal                                                  19% of points for a possible 420 points

17.   Limited Experience Clerical                                                      5               30
18.   Experienced Clerical                                                             5               30
19.   Advanced Software Specialist                                                     5               30
20.   General Labor                                                                    5               30
21.   Janitorial Worker                                                                5               30
22.   Maintenance Worker                                                               5               30
23.   Warehouse Worker                                                                 5               30
24.   Forest Technician                                                                5               30
25.   Professional Forester                                                            5               30
26.   Forester Project Leader / Lead Management Forester                               5               30
27.   Biologist                                                                        5               30
28.   Botanist                                                                         5               30
29.   Right-of-Way Agent                                                               5               30
30.   Resource Specialists                                                             5               30

Offerors are not required to bid on all positions listed above. Comparisons will be made for each individual line
item for the purpose of awarding points.

Lowest overall cost receives the maximum allotted points. All other proposals receive a percentage of the
points available based on their cost relationship to the lowest. Example: Total possible points for cost are 420.
Offeror A's cost is $20,000. Offeror B's cost is $30,000. Offeror A would receive 420 points. Offeror B would
receive 281 points ($20,000/$30,000) = 67% x 420 points = 281).

Lowest Responsive Offer Total Cost           x       Number of available points = Award Points
    This Offeror's Total Cost




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 21
                    APPENDIX A: STANDARD TERMS AND CONDITIONS

By submitting a response to this invitation for bid, request for proposal, limited solicitation, or
acceptance of a contract, the vendor agrees to acceptance of the following Standard Terms
and Conditions and any other provisions that are specific to this solicitation or contract.

ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES: The
State reserves the right to accept or reject any or all bids, proposals, or limited solicitation responses, wholly or
in part, and to make awards in any manner deemed in the best interest of the State. Bids, proposals, and
limited solicitation responses will be firm for 30 days, unless stated otherwise in the text of the invitation for bid,
request for proposal, or limited solicitation.

ALTERATION OF SOLICITATION DOCUMENT: In the event of inconsistencies or contradictions between
language contained in the State’s solicitation document and a vendor’s response, the language contained in
the State’s original solicitation document will prevail. Intentional manipulation and/or alteration of solicitation
document language will result in the vendor’s disqualification and possible debarment.

CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality, quantities,
or specifications of the contract shall be granted without prior written consent of the State Procurement Bureau.
Supplies delivered which do not conform to the contract terms, conditions, and specifications may be rejected
and returned at the contractor’s expense.

DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction (contract) by any governmental department or agency. If the contractor cannot
certify this statement, attach a written explanation for review by the State.

DISABILITY ACCOMMODATIONS: The State of Montana does not discriminate on the basis of disability in
admission to, access to, or operations of its programs, services, or activities. Individuals who need aids,
alternative document formats, or services for effective communications or other disability related
accommodations in the programs and services offered are invited to make their needs and preferences known
to this office. Interested parties should provide as much advance notice as possible.

FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses to accept
the award (PO/contract) or fails to deliver in accordance with the contract terms and conditions, the department
may, in its discretion, suspend the bidder/offeror for a period of time from entering into any contracts with the
State of Montana.

FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyond
its reasonable control, including without limitation, acts or omissions of government or military authority, acts of
God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or
any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as
such party is using its best efforts to remedy such failure or delays.

PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services OR
receipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document,
the State is allowed 30 days to pay such invoices. All contractors will be required to provide banking
information at the time of contract execution in order to facilitate State electronic funds transfer payments.

RECIPROCAL PREFERENCE: The State of Montana applies a reciprocal preference against a vendor
submitting a bid from a state or country that grants a residency preference to its resident businesses. A
reciprocal preference is only applied to an invitation for bid for supplies or an invitation for bid for
                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 22
nonconstruction services for public works as defined in section 18-2-401(9), MCA, and then only if federal
funds are not involved. For a list of states that grant resident preference, see
http://gsd.mt.gov/ProcurementServices/preferences.mcpx.

REFERENCE TO CONTRACT: The contract or purchase order number MUST appear on all invoices, packing
lists, packages, and correspondence pertaining to the contract.

REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business in
Montana must register with the Secretary of State. Businesses that are incorporated in another state or
country, but which are conducting activity in Montana, must determine whether they are transacting business in
Montana in accordance with sections 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain
the guidance of their attorney or accountant to determine whether their activity is considered transacting
business.

If businesses determine that they are transacting business in Montana, they must register with the Secretary of
State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain
registration materials, call the Office of the Secretary of State at (406) 444-3665, or visit their website at
http://sos.mt.gov.

SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of
the contract is illegal and void shall not affect the legality and enforceability of any other provision of the
contract, unless the provisions are mutually dependent.

SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies otherwise.

SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the State of any ambiguity,
inconsistency, or error which they may discover upon examination of a solicitation document.

TAX EXEMPTION: The State of Montana is exempt from Federal Excise Taxes (#81-0302402).

TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no state
funds may be expended for the purchase of information technology equipment and software for use by
employees, program participants, or members of the public unless it provides blind or visually impaired
individuals with access, including interactive use of the equipment and services, that is equivalent to that
provided to individuals who are not blind or visually impaired. (Section 18-5-603, MCA.) Contact the State
Procurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards.

U.S. FUNDS: All prices and payments must be in U.S. dollars.

WARRANTIES: The contractor warrants that items offered will conform to the specifications requested, to be
fit and sufficient for the purpose manufactured, of good material and workmanship, and free from defect. Items
offered must be new and unused and of the latest model or manufacture, unless otherwise specified by the
State. They shall be equal in quality and performance to those indicated herein. Descriptions used herein are
specified solely for the purpose of indicating standards of quality, performance, and/or use desired. Exceptions
will be rejected.

                                                                                                     Revised 2/10




                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 23
                                  APPENDIX B: CONTRACT
1.    Parties
2.    Effective Date, Duration and Renewal
3.    Cooperative Purchasing
4.    Non-Exclusive Contract
5.    Cost/Price Adjustments
6.    Services
7.    Consideration/Payment
8.    Prevailing Wage Requirements
9.    Term Contract Reporting
10.   Access and Retention of Records
11.   Assignment, Transfer and Subcontracting
12.   Hold Harmless/Indemnification
13.   Required Insurance
14.   Compliance with Workers’ Compensation Act
15.   Compliance with Laws
16.   Contract Termination
17.   Liaisons and Service of Notices
18.   Meetings
19.   Contractor Performance Assessments
20.   Transition Assistance
21.   Choice of Law and Venue
22.   Scope, Amendment and Interpretation
23.   Execution


Attachment A: Business Associate Agreement Provisions
Attachment B: IRS Regulations
Attachment C: Montana Prevailing Wage Rates for Nonconstruction Services 2011




                                                    RFP# SPB12-2029P, Temporary Worker Services, Page 24
                        TEMPORARY WORKER SERVICES TERM CONTRACT
                                      SPB12-2029P

1.     PARTIES

THIS CONTRACT, is entered into by and between the State of Montana, Department of Administration, State
Procurement Bureau, (hereinafter referred to as “the State”), whose address and phone number are Room 165
Mitchell Building, 125 N Roberts, PO Box 200135, Helena MT 59620-0135, (406) 444-2575 and (insert name
of contractor), (hereinafter referred to as the “Contractor”), whose nine digit Federal ID Number, address and
phone number are (insert federal id number), (insert address) and (insert phone number).

THE PARTIES AGREE AS FOLLOWS:

2.     EFFECTIVE DATE, DURATION, AND RENEWAL

       2.1    Contract Term. This contract shall take effect on November 1, 2011 and terminate on October
31, 2014, unless terminated earlier in accordance with the terms of this contract. (Section 18-4-313, MCA)

       2.2     Contract Renewal. This contract may, upon mutual agreement between the parties and
according to the terms of the existing contract, be renewed in two-year intervals, or any interval that is
advantageous to the State. This contract, including any renewals, may not exceed a total of seven years.

3.     COOPERATIVE PURCHASING

Under Montana law, public procurement units, as defined in section 18-4-401, MCA, have the option of
cooperatively purchasing with the State of Montana. Public procurement units are defined as local or state
public procurement units of this or any other state, including an agency of the United States, or a tribal
procurement unit. Unless the bidder/offeror objects, in writing, to the State Procurement Bureau prior to the
award of this contract, the prices, terms, and conditions of this contract will be offered to these public
procurement units. However, the State Procurement Bureau makes no guarantee of any public procurement
unit participation in this contract.

4.     NON-EXCLUSIVE CONTRACT

The intent of this contract is to provide state agencies with an expedited means of procuring supplies and/or
services. This contract is for the convenience of state agencies and is considered by the State Procurement
Bureau to be a “non-exclusive” use contract. Therefore, agencies may obtain this product/service from sources
other than the contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement.
The State Procurement Bureau does not guarantee any usage.

5.     COST/PRICE ADJUSTMENTS

Price Adjustments Negotiated Based on Changes in Contractor's Costs. Price adjustments may be
permitted at the time of contract renewal through a process of negotiation with the Contractor and the State.
Any price increases must be based on demonstrated industry-wide or regional increases in the Contractor's
costs. Publications such as the Federal Bureau of Labor Statistics and the Consumer Price Index (CPI) for all
Urban Consumers may be used to determine the increased value.

6.     SERVICES

Contractor agrees to provide to the State the following temporary worker services.

Various state agencies use the services of private companies to provide temporary workers as needed. These
individuals provide a variety of clerical, data entry, word processing, general laborer, and forestry services on a

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 25
temporary basis. The need for additional temporary worker resources has become apparent as the State’s
workload continues to grow. Contracted services help to meet program responsibilities at all levels of State
government. Therefore, it is necessary to contract with private industry to achieve our goals.

Temporary service contracts are needed to perform services in eight cities around the State. Those cities are:
Billings, Butte, Bozeman, Great Falls, Helena, Kalispell, Miles City and Missoula.

Temporary workers will be assigned various tasks with the majority of work to be general clerical duties. The
specific types of workers for this contract are - limited experience clerical, experienced clerical, advanced
software specialist, general labor, janitorial worker, maintenance worker, warehouse worker, forest technician,
professional forester, forest project leader/lead management forester, biologist, botanist, right-of-way agent
and related, and resource specialists.

The State of Montana is committed to fair employment opportunities. State job openings and application
materials are available on the State’s website and at Montana Job Services offices. All interested persons are
invited and encouraged to apply for jobs with the State, regardless of their current employment status.
Therefore the State will not pay any “finder’s fees”, “transfer charges”, “conversion charges”, or any other fees
or charges related to the hire of a person who has worked for or is currently working for a temporary worker
services provider.

        6.1    Temporary Service Provider. The Contractor must be a temporary service offeror as defined
in 39-71-116(33) MCA. The temporary worker shall be an employee of the Contractor, not an employee of the
State of Montana, (Ref. 39-71-116(35) MCA). However, if the temporary worker has retired from the Montana
Public Employees’ Retirement System (PERS), the hour and wage limitations applicable to working retirees
are applicable to the temporary worker, (Ref. 19-3-1106 MCA). The employer of a retiree returning to
employment covered by the retirement system shall certify to the board the number of hours worked by the
retiree and the gross compensation paid to the retiree in that employment during any pay period after
retirement. The certification of hours and compensation may be submitted electronically pursuant to rules
adopted by the board. (Ref. 19-3-1106(3) MCA)
        Note: "Board" means the public employees' retirement board provided for in 2-15-1009, MCA.

The Contractor must have a fully functional office open during regular business days, minimum of Monday
through Friday, 8 a.m. to 5 p.m., to provide the support necessary for performance of the services required.

      6.2    TANF. The Contractor shall encourage employment opportunities for qualified TANF
(Temporary Assistance for Needy Families) program participants.

      6.3     Skilled Workers. The Contractor shall provide workers who possess the skills and abilities
necessary to successfully complete the duties assigned by the State.

        6.4     Work Schedules. The temporary worker may be required to work up to eight hours each day.
On rare occasions, the worker may be required to work overtime, weekends, or holidays. Rates for these times
will be negotiated between the agency and the Contractor, on a case-by-case basis.

       6.5    Length of Assignment. Temporary workers shall be provided to the requesting
agency/department for a maximum of three months or 480 hours, as required. (State agencies should use the
modified FTE process for temporary employment requiring longer terms.)

        6.6    Payroll and Accounting Responsibilities. The Contractor shall retain the responsibility for
payroll and accounting for all required withholding for the temporary worker(s), including, but not limited to:
         Federal, state and social security taxes;
         Federal and state unemployment insurance;
         Worker’s compensation;
         All monthly, quarterly, and annual government and insurance reports;
         Calculate, print, and distribute employee’s W-2 forms; and

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 26
        Mandatory child support deductions.

       6.7     Invoicing. Upon submission of verification of hours worked by the temporary worker(s), the
Contractor shall invoice the designated agency at regular intervals for payment of contracted services
rendered. The Contractor will only be reimbursed for actual hours worked by their employee. Each using
agency will be responsible for payment of services rendered, invoices must be sent directly to the agency
requesting the worker(s).

       6.8     Unsatisfactory Workers. The State retains the right to refuse any unsatisfactory worker and
the Contractor shall guarantee a satisfactory replacement at no additional charge to the State. The Contractor
must provide a replacement worker within one working day of notification.

The State shall have the right to immediately release a temporary worker unable to satisfactorily perform
assigned duties or whose behavior is unacceptable, rude, harassing or threatening at any time. The Contractor
shall replace that worker for the duration of the work assignment. In the event a worker is removed prior to
completion of the scheduled work shift, the Contractor will be reimbursed for actual hours of work up to the
time the Contractor is informed that the unsatisfactory worker is no longer needed. No charge for
removal/replacement will be paid.

        6.9     Rules and Policies. The Contractor will be informed of the rules and policies of the State
agencies and provide workers who are familiar with and can comply with them. The State may require the
Contractor to have a background investigation initiated or completed prior to placement of temporary worker(s).
This investigation should include but is not limited to:
         Fingerprint I.D. Check
         Active past employer reference check.
         Past residence history.

Files shall be maintained regarding these investigations. The State may conduct inspections of these
background investigations to ensure compliance and appropriateness of hire.

The Contractor shall inform the worker(s) that the State does not pay for parking expenses.

The worker will be required to read and sign an acknowledgement that they agree to abide by the State and
the Agency Codes of Ethics and Behavior.

       6.10 Business Associate Agreement Provisions. The Department of Public Health and Human
Services may wish to use this Contract for services involving handling of protected health information under the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). Contractors are required to execute the
Business Associate Agreement, Attachment A.

       6.11 Federal Tax Information. In the course of working for the State temporary workers may have
access to federal tax information. Therefore Contractors and workers must comply with Internal Revenue
Service (IRS) rules and regulations regarding access and handling of this type of information. The IRS
requirements are included as Attachment B.

        6.12 Agency Liaison. Each agency will designate a liaison(s) to be responsible for the request and
authorization of temporary services. The liaison will attempt to provide 24 hours notice prior to requiring
services. However, on occasion the State may require immediate placement. If immediate placement is not
available, the State reserves the right to procure services from another temporary service contractor.

When requested by the agency liaison the Contractor will provide a list of qualified individuals and
documentation of their qualifications (i.e. employment application; testing results; resumes, etc.). The State
reserves the right to interview the workers selected by the Contractor before making a selection.



                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 27
        6.13 Equipment and Supplies. The individual agencies will supply temporary workers with data
entry terminal, office equipment, supplies, and other similar and related items necessary to perform the
assigned tasks.

       6.14    Position Descriptions:

              6.14.1 Limited Experience Clerical. An individual with less than 12 months of experience
who can perform copying, filing, receptionist duties, may be required to do minimal typing, and has some office
experience.

               6.14.2 Experienced Clerical. An individual with one to two years of experience, has worked
with modern copiers, telephone systems, has some experience with word processing software programs such
as Word, and some experience with spreadsheet software programs such as Excel. This individual may
perform data entry, some word processing and general clerical/receptionist duties, bookkeeping duties, and
has at least one to two years of office experience. Data entry will include enter and transfer of data from
existing databases, medical records, shipment invoices, quarterly reports, demographic reports, etc. It is
mandatory that data entry made for confidential files remain confidential.

              6.14.3 Advanced Software Specialist. An individual possessing the skills listed above with
a minimum of two years of computer experience. Extensive knowledge in word processing software programs
such as Word and WordPerfect, and spreadsheet software programs such as Excel and Lotus 1-2-3 needed.
Some knowledge of PeopleSoft software would be helpful.

              6.14.4 General Labor. Duty assignments may include: loading, unloading, and carrying
materials such as lumber, cement, gravel, etc., repair work, equipment and tools, lawn maintenance duties,
maintenance of service equipment, light carpentry and painting, site clean-up, etc. Prevailing wage rates for
Nonconstruction Services apply to this service category, see 2011 rates in Attachment C.

              6.14.5 Janitorial Worker. Duties may include but are not limited to sweeping, vacuuming,
garbage removal, bathroom cleaning, etc. Services may be needed statewide. Prevailing wage rates for
Nonconstruction Services apply to this service category, see 2011 rates in Attachment C.

              6.14.6 Maintenance Worker. Duties may include but are not limited to grounds upkeep
(snowplowing, mowing, trimming, etc.), miscellaneous maintenance work (painting, office moves, and minor
maintenance activities such as changing out lights, fixing cabinets, hauling office supplies, recycling). Services
may be needed statewide. Prevailing wage rates for Nonconstruction Services apply to this service category,
see 2011 rates in Attachment C.

                6.14.7 Warehouse Worker. The individuals for this position must have shipping, packaging,
and stocking experience and must also have the physical ability to lift up to 50 lbs. Duties to include
assembling products, packaging orders, stocking inventory/delivery trucks, loading/unloading truck, cleaning
warehouse, and external yard and building maintenance. Prevailing wage rates for Nonconstruction Services
apply to this service category, see 2011 rates in Attachment C.

                6.14.8 Forest Technician. Under general supervision (detailed written guidance and oral
instruction) of Department of Natural Resources and Conservation (DNRC) field forester, marks trees for
harvest or other designations, delineates harvest & SMZ boundaries, measures (cruises) trees for volume
estimates, completes field surveys and sampling, develops road maintenance and construction logs, identifies
tree species and estimates defect in standing and down trees and performs GPS mapping. Services may be
needed in the Missoula and Kalispell areas. Prevailing wage rates for Nonconstruction Services apply to this
service category, see 2011 rates in Attachment C.

              6.14.9 Professional Forester. Performs all the activities of the forest technician, but also is
expected to oversee field crews, complete timber sale design, transportation planning, ensure Montana

                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 28
Environmental Protection Act (MEPA) compliance, prepare timber sale contract and ensure compliance with
forestry laws, rules and guidelines. Uses forest road layout knowledge to identify potential road locations.
Services may be needed in the Missoula and Kalispell areas. Note: This position must be paid at least the
Prevailing Wage rate for the occupation/classification applicable to the work being performed.

               6.14.10 Forester Project Leader/Lead Management Forester. Is required to oversee other
foresters (DNRC and other contract personnel) in the context of specific projects and exercise advanced
professional judgment. Coordinates and manages ID teams, provides oversight on MEPA documents, timber
sale contract preparation and related activities. Services may be needed in the Missoula and Kalispell areas.
Note: This position must be paid at least the Prevailing Wage rate for the occupation/classification applicable
to the work being performed.

                6.14.11 Biologist. Participates on Project I.D. teams by providing biological analysis of
sensitive, threatened and endangered species inhabiting gross project areas. Provides written reports that
detail analysis of various project alternatives, assesses and documents the biological impacts associated with
each. Requires visiting the project area as well as analysis of published research. Services may be needed in
the Missoula and Kalispell areas.

               6.14.12 Botanist. Identifies rare and sensitive plant species and their habitat and range of
occurrence throughout gross project areas, using professional expertise to predict and locate probable
populations. Maps results and provides reports suitable for inclusion in environmental documents. Works under
general direction, using a requested geographic area for plant surveys. It is extremely important that work
coincides with flowering periods of plants. Services may be needed in the Missoula and Kalispell areas.

                6.14.13 Right-of-Way Agent and Related. Under the direction of appropriate DNRC
personnel, prepares documents for reciprocal access and cost share packages for review and ultimate
presentation to Land Board. Provides input and research on road appraisal, relevant geographic information
and land ownership. Typically, these are services that are provided by individuals that have a vast knowledge
of right-of-way law, agency protocols and have a unique and useful relationship amongst DNRC cooperators
and private landowners. Does NOT have the authority to negotiate or do business on behalf of the DNRC.
Services may be needed in the Missoula and Kalispell areas.

             6.14.14 Resource Specialists. This position would be responsible for assessing the existing
environment concerning a specific resource such as wildlife, preparing resource biological evaluations for
MEPA documentation and input to the DNRC project leader for designing timber sales and mitigations as
needed. This generally requires both field review and office work for preparing professional reports or parts of
the MEPA documentation. Services may be needed in the Missoula and Kalispell areas.

                6.14.15 Specialty Positions. Hourly or per job rates for any other specialty positions or
positions not identified within this RFP may be negotiated between the agencies and the Contractor(s). Also,
the State agencies may negotiate hourly or per job rates for temporary workers needed in other locations not
identified within this contract. If the agency and Contractor are unable to agree on an hourly rate to be charged
for these positions, the State reserves the right to procure the services elsewhere.

7.     CONSIDERATION/PAYMENT

       7.1     Payment Schedule. In consideration for the temporary worker services to be provided, the
State shall pay according to the following schedule:

                                    Position Title                        Cost per Hour
                             Limited Experience Clerical                         $
                                 Experienced Clerical                            $

                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 29
                           Advanced Software Specialist                       $
                                   General Labor                              $
                                  Janitorial Worker                           $
                                Maintenance Worker                            $
                                Warehouse Worker                              $
                                 Forest Technician                            $
                               Professional Forester                          $
                             Forester Project Leader /
                                                                              $
                            Lead Management Forester
                                      Biologist                               $
                                      Botanist                                $
                                Right-of-Way Agent                            $
                                Resource Specialists                          $

        7.2    Withholding of Payment. The State may withhold payments to the Contractor if the Contractor
has not performed in accordance with this contract. Such withholding cannot be greater than the additional
costs to the State caused by the lack of performance.

       7.3    Purchasing Card. The State of Montana has a Purchasing Card Program in place that gives
agencies the ability to charge purchases made from these contracts. The State of Montana prefers this method
of payment.

8.     PREVAILING WAGE REQUIREMENTS

        8.1    Montana Resident Preference. The nature of the work performed, or services provided, under
this contract meets the statutory definition of a "public works contract" in section 18-2-401, MCA. Unless
superseded by federal law, Montana law requires that Contractors and subcontractors give preference to the
employment of Montana residents for any public works contract in excess of $25,000 for construction or
nonconstruction services in accordance with sections 18-2-401 through 18-2-432, MCA, and all administrative
rules adopted in relation to these statutes.

Unless superseded by federal law, each Contractor shall ensure that at least 50% of a Contractor's workers
performing labor on a construction project are bona fide Montana residents.

The Commissioner of the Montana Department of Labor and Industry has established the resident
requirements in accordance with sections 18-2-403 and 18-2-409, MCA. Any and all questions concerning
prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and
Industry.

        8.2     Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all
employees working on a public works contract shall be paid prevailing wage rates in accordance with sections
18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public
works contracts, as defined in section 18-2-401, MCA, in which the total cost of the contract is in excess of
$25,000, contain a provision stating for each job classification the standard prevailing wage rate, including
fringe benefits, travel, per diem, and zone pay that the Contractors, subcontractors, and employers shall pay
during the public works contract.



                                                        RFP# SPB12-2029P, Temporary Worker Services, Page 30
The standard prevailing rate of wages paid to workers under this contract must be adjusted 12 months after the
date of the award of the public works contract per section 18-2-417, MCA. The amount of the adjustment must
be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract.
This adjustment is the sole responsibility of the Contractor and no cost adjustment in this contract will be
allowed to fulfill this requirement.

Furthermore, section 18-2-406, MCA, requires that all Contractors, subcontractors, and employers who are
performing work or providing services under a public works contract post in a prominent and accessible site on
the project staging area or work area, no later than the first day of work and continuing for the entire duration of
the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance
with section 18-2-423, MCA.

Section 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis.
Each Contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of
being certified for submission under section 18-2-423, MCA, for not less than three years after the
Contractor's, subcontractor's, or employer's completion of work on the public works contract.

All Contractors and employers shall classify each employee who performs labor on a public works project
according to the applicable standard prevailing rate of wages for such craft, classification, or type of employee
established by the Commissioner of the Montana Department of Labor and Industry, and shall pay each such
employee a rate of wages not less than the standard prevailing rate as specified in the Montana Prevailing
Wages Rates for Nonconstruction Services 2011.

9.      TERM CONTRACT REPORTING

Term contract holder(s) shall furnish annual reports of term contract usage to the State Contract Liaison listed
in Section 17. Each report shall contain the name of the worker, position assigned, start and end dates for
each assignment, total quantity of hours per assignment, total dollars expended, the State agency/department
and the name of the agency contact person. The first report for this term contract will be due July 15, 2012.

Reported volumes and dollar totals may be checked by the State Procurement Bureau against State records
for verification. Failure to provide timely or accurate reports is justification for cancellation of the contract and/or
justification for removal from consideration for award of contracts by the State.

10.     ACCESS AND RETENTION OF RECORDS

       10.1 Access to Records. The Contractor agrees to provide the State, Legislative Auditor or their
authorized agents access to any records necessary to determine contract compliance. (Section 18-1-118,
MCA)

        10.2 Retention Period. The Contractor agrees to create and retain records supporting the temporary
worker services for a period of three years after either the completion date of this contract or the conclusion of
any claim, litigation or exception relating to this contract taken by the State of Montana or a third party.

11.     ASSIGNMENT, TRANSFER AND SUBCONTRACTING

The Contractor shall not assign, transfer, or subcontract any portion of this contract without the express written
consent of the State. (Section 18-4-141, MCA) The Contractor shall be responsible to the State for the acts
and omissions of all subcontractors or agents and of persons directly or indirectly employed by such
subcontractors, and for the acts and omissions of persons employed directly by the Contractor. No contractual
relationships exist between any subcontractor and the State.




                                                             RFP# SPB12-2029P, Temporary Worker Services, Page 31
12.    HOLD HARMLESS/INDEMNIFICATION

The Contractor agrees to protect, defend, and save the State, its elected and appointed officials, agents, and
employees, while acting within the scope of their duties as such, harmless from and against all claims,
demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the
Contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property
arising out of services performed or omissions of services or in any way resulting from the acts or omissions of
the Contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole
negligence of the State, under this agreement.

13.    REQUIRED INSURANCE

       13.1 General Requirements. The Contractor shall maintain for the duration of the contract, at its
cost and expense, insurance against claims for injuries to persons or damages to property, including
contractual liability, which may arise from or in connection with the performance of the work by the Contractor,
agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as
may be caused by any negligent act or omission.

        13.2 Primary Insurance. The Contractor's insurance coverage shall be primary insurance with
respect to the State, its officers, officials, employees, and volunteers and shall apply separately to each project
or location. Any insurance or self-insurance maintained by the State, its officers, officials, employees or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

       13.3 Specific Requirements for Commercial General Liability. The Contractor shall purchase and
maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property
damage of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such claims as may be
caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns,
or subcontractors.

The State, its officers, officials, employees, and volunteers are to be covered and listed as additional insureds;
for liability arising out of activities performed by or on behalf of the Contractor, including the insured's general
supervision of the Contractor; products, and completed operations; premises owned, leased, occupied, or
used.

       13.4 Specific Requirements for Automobile Liability. The Contractor shall purchase and maintain
commercial auto liability insurance coverage with combined limits of $1,000,000 per occurrence to cover such
claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents,
representatives, assigns, or subcontractors.

       The State, its officers, officials, employees, and volunteers are to be covered and listed as additional
insureds for automobiles leased, hired, or borrowed by the Contractor.

        13.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be
declared to and approved by the state agency. At the request of the agency either: (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the State, its officers, officials, employees,
or volunteers; or (2) at the expense of the Contractor, the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, and defense expenses.

        13.6 Certificate of Insurance/Endorsements. A certificate of insurance from an insurer with a
Best's rating of no less than A- indicating compliance with the required coverages, has been received by the
State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135. The Contractor must notify the State
immediately, of any material change in insurance coverage, such as changes in limits, coverages, change in
status of policy, etc. The State reserves the right to require complete copies of insurance policies at all times


                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 32
14.    COMPLIANCE WITH WORKERS’ COMPENSATION ACT

Contractors are required to comply with the provisions of the Montana Workers' Compensation Act while
performing work for the State of Montana in accordance with sections 39-71-401, 39-71-405, and 39-71-417,
MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent
contractor's exemption, or documentation of corporate officer status. Neither the Contractor nor its employees
are employees of the State. This insurance/exemption must be valid for the entire term of the contract. A
renewal document must be sent to the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135,
upon expiration.

15.    COMPLIANCE WITH LAWS

The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state,
or local laws, rules, and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the
Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the
same provision. In accordance with section 49-3-207, MCA, the Contractor agrees that the hiring of persons to
perform the contract will be made on the basis of merit and qualifications and there will be no discrimination
based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or
national origin by the persons performing the contract.

16.    CONTRACT TERMINATION

       16.1 Termination for Cause. The State may, by written notice to the Contractor, terminate this
contract in whole or in part at any time the Contractor fails to perform this contract

        16.2 Reduction of Funding. The State must terminate this contract if funds are not appropriated or
otherwise made available to support the State's continuation of performance of this contract in a subsequent
fiscal period. (See section 18-4-313(4), MCA.)

17.    LIAISONS AND SERVICE OF NOTICES

All project management and coordination on behalf of the State shall be through a single point of contact
designated as the State's liaison. Contractor shall designate a liaison that will provide the single point of
contact for management and coordination of Contractor's work. All work performed pursuant to this contract
shall be coordinated between the State's liaison and the Contractor's liaison.

       Penny Moon will be the liaison for the State.
       Room 165 Mitchell Building
       125 North Roberts
       PO Box 200135
       Helena MT 59620-0135
       Telephone #: (406) 444-3313
       Fax: (406) 444-2529
       E-mail: pmoon@mt.gov

                                       will be the liaison for the Contractor.
       (Address):
       (City, State, ZIP):
       Telephone:
       Cell Phone:
       Fax:
       E-mail:


                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 33
The State's liaison and Contractor's liaison may be changed by written notice to the other party. Written
notices, requests, or complaints will first be directed to the liaison.

18.    MEETINGS

The Contractor is required to meet with the State's personnel, or designated representatives, to resolve
technical or contractual problems that may occur during the term of the contract or to discuss the progress
made by Contractor and the State in the performance of their respective obligations, at no additional cost to the
State. Meetings will occur as problems arise and will be coordinated by the State. The Contractor will be given
a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are
desired. However, at the Contractor's option and expense, a conference call meeting may be substituted.
Consistent failure to participate in problem resolution meetings two consecutive missed or rescheduled
meetings, or to make a good faith effort to resolve problems, may result in termination of the contract

19.    CONTRACTOR PERFORMANCE ASSESSMENTS

The State may do assessments of the Contractor's performance. This contract may be terminated for one or
more poor performance assessments. Contractors will have the opportunity to respond to poor performance
assessments. The State will make any final decision to terminate this contract based on the assessment and
any related information, the Contractor's response and the severity of any negative performance assessment.
The Contractor will be notified with a justification of contract termination. Performance assessments may be
considered in future solicitations.

20.    TRANSITION ASSISTANCE

If this contract is not renewed at the end of this term, or is terminated prior to the completion of a project, or if
the work on a project is terminated, for any reason, the Contractor must provide for a reasonable period of time
after the expiration or termination of this project or contract, all reasonable transition assistance requested by
the State, to allow for the expired or terminated portion of the services to continue without interruption or
adverse effect, and to facilitate the orderly transfer of such services to the State or its designees. Such
transition assistance will be deemed by the parties to be governed by the terms and conditions of this contract,
except for those terms or conditions that do not reasonably apply to such transition assistance. The State shall
pay the Contractor for any resources utilized in performing such transition assistance at the most current rates
provided by the contract. If there are no established contract rates, then the rate shall be mutually agreed
upon. If the State terminates a project or this contract for cause, then the State will be entitled to offset the cost
of paying the Contractor for the additional resources the Contractor utilized in providing transition assistance
with any damages the State may have otherwise accrued as a result of said termination.

21.    CHOICE OF LAW AND VENUE

This contract is governed by the laws of Montana. The parties agree that any litigation concerning this bid,
proposal or subsequent contract must be brought in the First Judicial District in and for the County of Lewis
and Clark, State of Montana and each party shall pay its own costs and attorney fees. (See section 18-1-401,
MCA.)

22.    SCOPE, AMENDMENT, AND INTERPRETATION

       22.1 Contract. This contract consists of (insert number) numbered pages, any Attachments as
required, RFP # SPB12-2029P, as amended and the Contractor's RFP response as amended. In the case of
dispute or ambiguity about the minimum levels of performance by the Contractor the order of precedence of
document interpretation is in the same order.

       22.2 Entire Agreement. These documents contain the entire agreement of the parties. Any
enlargement, alteration or modification requires a written amendment signed by both parties

                                                            RFP# SPB12-2029P, Temporary Worker Services, Page 34
23.     EXECUTION

The parties through their authorized agents have executed this contract on the dates set out below.



DEPARTMENT OF ADMINISTRATION                            (INSERT CONTRACTOR'S NAME)
STATE PROCUREMENT BUREAU                                (Insert Address)
PO BOX 200135                                           (Insert City, State, Zip)
HELENA MT 59620-0135                                    FEDERAL ID #


BY:                                                     BY:
                    (Name/Title)                                             (Name/Title)



                     (Signature)                                              (Signature)

DATE:                                                   DATE:


Approved as to Legal Content:



Legal Counsel                                 (Date)

Approved as to Form:



Procurement Officer                           (Date)
State Procurement Bureau




                                                        RFP# SPB12-2029P, Temporary Worker Services, Page 35
                                           ATTACHMENT A

                    BUSINESS ASSOCIATE AGREEMENT PROVISIONS

       Business Associate Agreement (the “Agreement”) made this              of        , 20xx, effective upon
execution by and between the Montana Department of Public Health and Human Services (hereinafter “the
Covered Entity”) and (insert name of contractor) (hereinafter “the Business Associate.”)

                                              R E C I T A L S:

       A.     The Covered Entity and the Business Associate entered into Contract No SPB12-2029P
              (hereinafter “the Contract” or the “underlying Contract”) for the purpose of providing
              temporary worker services.

       B.     Pursuant to the Contract, Business Associate receives protected health information
              (defined below) from Covered Entity, that is subject to the provisions of the Health
              Insurance Portability and Accountability Act of 1996 (hereinafter “HIPAA”).

       C.     Business Associate and Covered Entity mutually desire to comply with the applicable
              business associate provisions of the HIPAA privacy regulations (45 CFR Parts 160-164),
              the provisions of the standards for electronic transactions regulations (45 CFR parts 160
              & 162) and the securities regulations, including the Security Standards for the Protection
              of Electronic Protected Health Information (45 CFR Part 164) for PHI (as defined herein
              under in Section 1.3) held or transferred by Covered Entity.

       D.     As a term of the underlying Contract, Business Associate agrees to comply with all applicable
              state and federal laws. HIPAA is a federal law applicable to Business Associate and Covered
              Entity and without this Agreement; Covered Entity will not continue a business relationship with
              Business Associate.

      IN CONSIDERATION OF THE ABOVE RECITALS and the mutual promises contained in this
Agreement, Covered Entity and Business Associate enter into this Agreement.

1.     Definitions--Terms used, but not otherwise defined, in this Agreement shall have the same
       meaning as those terms in the Privacy Rule.

       1.1.   Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §
              164.501 and shall include a person who qualifies as a personal representative in accordance
              with 45 CFR § 164.502(g).

       1.2    Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable
              Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.

       1.3.   Protected Health Information. "Protected Health Information" (hereinafter “PHI”) shall have the
              same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the
              information created or received by Business Associate from or on behalf of Covered Entity.

       1.4.   Required By Law. "Required By Law" shall have the same meaning as the term "required by
              law" in 45 CFR § 164.501.

       1.5.   Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human
              Services or his designee.


                                                        RFP# SPB12-2029P, Temporary Worker Services, Page 36
     1.6     Security Rule. "Security Rule" means the Security Standards for the Protection of Electronic
             Protected Health Information.

     1.7     Other terms used but not otherwise defined in this Agreement have the same meaning as those
             terms in the Privacy Rule or Security Rule.

2.   Obligations and Activities of Business Associate

     2.1.    Business Associate may use or disclose PHI received from Covered Entity solely to perform
             Business Associate’s duties pursuant to the underlying contract. Business Associate will not
             use or disclose PHI other than as permitted or required by the Agreement or as Required by
             Law. Business Associate will not use or disclose PHI in any manner that could result in a
             violation of HIPAA or the HIPAA implementing regulations.

     2.2.    Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
             PHI other than as provided for by this Agreement.

     2.3.    Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
             known to Business Associate concerning the use or disclosure of PHI by Business Associate in
             violation of the requirements of this Agreement.

     2.4.    Business Associate agrees to report to Covered Entity as soon as it becomes aware of any use
             or disclosure of the PHI not provided for by this Agreement. This includes, but is not limited to
             promptly reporting to Covered Entity any security incident of which Business Associate
             becomes aware. At the request of Covered Entity, Business Associate shall identify: the date
             of the security incident, the scope of the security incident, the Contractor's response to the
             Security incident, and the identification of the party responsible for causing the security incident,
             if known.

     2.5.    Business Associate will ensure that any agent, including a subcontractor, to whom it provides
             PHI received from Covered Entity (or created or received by Business Associate on behalf of
             Covered Entity) agrees to the same restrictions and conditions that apply through this
             Agreement to Business Associate with respect to such PHI.

     2.6.    At the request of Covered Entity, Business Associate agrees to provide access, in a reasonable
             time and manner, to PHI in any Designated Record Set of Business Associate, to Covered
             Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under
             45 CFR § 164.524.

     2.7.    At the request of Covered Entity, Business Associate agrees to make any amendment(s) to PHI
             in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR §
             164.526.

     2.8.    Business Associate agrees to make internal practices, books and records, including policies and
             procedures relating to the use and disclosure of PHI, available in a reasonable time and manner
             to the Covered Entity, or to the Secretary, for purposes of the Secretary determining Covered
             Entity's compliance with the Privacy Rule.

     2.9.    Business Associate agrees to document disclosures of PHI, and information related to such
             disclosures, as required for Covered Entity to respond to a request by an Individual for an
             accounting of disclosures of PHI in accordance with 45 CFR § 164.528.

     2.10.   Business Associate agrees to provide to Covered Entity or an Individual, in a reasonable time
             and manner, information collected in accordance with Sections 2.8 and 2.9 of this Agreement, to

                                                        RFP# SPB12-2029P, Temporary Worker Services, Page 37
            permit Covered Entity to respond to a request by an Individual for an accounting of disclosures
            of PHI in accordance with 45 CFR § 164.528.

3.   Permitted Uses and Disclosures by Business Associate

     3.1.   General Use and Disclosure Provisions. Except as otherwise limited in this Agreement,
            Business Associate may use or disclose PHI solely to perform functions, activities, or services
            for, or on behalf of, Covered Entity as specified in Contract No. SPB12-2029P. Such use or
            disclosure may not violate the HIPAA regulations if done by Covered Entity or the minimum
            necessary policies and procedures of the Covered Entity. Business Associate may use PHI to
            report violations of law to appropriate Federal and State authorities, consistent with § 164.502(j)
            (1).

4.   Obligations of Covered Entity

     4.1    Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy
            practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such
            limitation may affect Business Associate's use or disclosure of PHI. A copy of Covered Entity’s
            notice of privacy practices is attached.

     4.2.   Covered Entity shall notify Business Associate of any changes in, or revocation of, permission
            by Individual to use or disclose PHI to the extent that such changes may affect Business
            Associate's use or disclosure of PHI.

     4.3.   Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI
            that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such
            restriction may affect Business Associate's use or disclosure of PHI.

     4.4.   Covered Entity shall not request Business Associate to use or disclose PHI in any manner that
            would not be permissible under the Privacy Rule if done by Covered Entity.

5.   Term and Termination

     5.1.   Term. This Agreement shall be effective as of the date of the contract, and shall terminate
            when all of the PHI provided by Covered Entity to Business Associate, or created or received by
            Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or,
            if it is not feasible to return or destroy PHI, protections are extended to such information, in
            accordance with the provisions of HIPAA and its implementing regulations.

     5.2.   Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
            Associate, Covered Entity shall, in its sole discretion, either provide an opportunity for Business
            Associate to cure the breach or end the violation and terminate this Agreement. If Business
            Associate does not cure the breach or end the violation within the time specified by Covered
            Entity; Covered Entity will immediately terminate this Agreement and Contract No. SPB12-
            2029P. If Business Associate has breached a material term of this Agreement and neither
            termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.

     5.3.   Effect of Termination. Except as provided in paragraph 5.4 of this Section, upon termination of
            this Agreement, for any reason, Business Associate shall return or destroy all PHI received from
            Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This
            provision shall apply to PHI that is in the possession of subcontractors or agents of Business
            Associate. Business Associate shall retain no copies of the PHI.



                                                       RFP# SPB12-2029P, Temporary Worker Services, Page 38
      5.4.   In the event that Business Associate determines that returning or destroying the PHI is not
             feasible, Business Associate shall provide to Covered Entity notification of the conditions that
             make return or destruction not feasible. Upon Covered Entity’s agreement, in its sole discretion,
             that return or destruction of PHI is not feasible, Business Associate shall extend the protections
             of this Agreement to such PHI and limit further uses and disclosures of such PHI to those
             purposes that make the return or destruction not feasible, for so long as Business Associate
             maintains such PHI.

6.    Miscellaneous

      6.1.   A reference in this Agreement to a section in the Privacy Rule or the Security Regulation means
             the section as in effect or as amended.

      6.2.   Amendment. The Parties agree to take such action as is necessary to amend this Agreement
             from time to time as is necessary for Covered Entity to comply with the requirements of the
             Privacy Rule, the Security Regulations and the Health Insurance Portability and Accountability
             Act of 1996, Pub. L. No. 104-191.

      6.3.   Survival. The respective rights and obligations of the Business Associate under Section 5.3 and
             5.4 of this Agreement shall survive the termination of this Agreement.

      6.4.   Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to
             comply with the Privacy Rule.

      This agreement entered into on the _________ day of _________, 20xx.


DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES (Covered Entity)

By: ________________________________________
Printed Name: _____________________________
Title:              Division Administrator
Address:      ___________________________________
          ___________________________________
Telephone Number: _______________________


By:   BUSINESS ASSOCIATE

Name: ____________________________________
By:    ________________________________________
Printed Name: _____________________________
Title: _____________________________________
Address:      ___________________________________
          ___________________________________
Telephone Number: ____________________




                                                       RFP# SPB12-2029P, Temporary Worker Services, Page 39
                                           ATTACHMENT B

                                          IRS REGULATION

CONTRACT LANGUAGE FOR GENERAL SERVICES

I.    PERFORMANCE

      In performance of this contract, the Contractor agrees to comply with and assume responsibility for
      compliance by his or her employees with the following requirements:
        (1) All work will be performed under the supervision of the contractor or the contractor's responsible
              employees.
        (2) Any Federal tax returns or return information (hereafter referred to as returns or return
              information) made available shall be used only for the purpose of carrying out the provisions of
              this contract. Information contained in such material shall be treated as confidential and shall
              not be divulged or made known in any manner to any person except as may be necessary in
              the performance of this contract. Inspection by or disclosure to anyone other than an officer or
              employee of the contractor is prohibited.
        (3) All returns and return information will be accounted for upon receipt and properly stored before,
              during, and after processing. In addition, all related output and products will be given the same
              level of protection as required for the source material.
        (4) No work involving returns and return information furnished under this contract will be
              subcontracted without prior written approval of the IRS.
        (5) The contractor will maintain a list of employees authorized access. Such list will be provided to
              the agency and, upon request, to the IRS reviewing office.
        (6) The agency will have the right to void the contract if the contractor fails to provide the
              safeguards described above.
        (7) (Include any additional safeguards that may be appropriate.)

II.   CRIMINAL/CIVIL SANCTIONS
       (1)   Each officer or employee of any person to whom returns or return information is or may be
             disclosed shall be notified in writing by such person that returns or return information disclosed
             to such officer or employee can be used only for a purpose and to the extent authorized herein,
             and that further disclosure of any such returns or return information for a purpose or to an extent
             unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as
             $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution.
             Such person shall also notify each such officer and employee that any such unauthorized future
             disclosure of returns or return information may also result in an award of civil damages against
             the officer or employee in an amount not less than $1,000 with respect to each instance of
             unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431 and
             set forth at 26 CFR 301.6103(n)-1.
       (2)   Each officer or employee of any person to whom returns or return information is or may be
             disclosed shall be notified in writing by such person that any return or return information made
             available in any format shall be used only for the purpose of carrying out the provisions of this
             contract. Information contained in such material shall be treated as confidential and shall not be
             divulged or made known in any manner to any person except as may be necessary in the
             performance of this contract. Inspection by or disclosure to anyone without an official need to
             know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as
             $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.
             Such person shall also notify each such officer and employee that any such unauthorized

                                                       RFP# SPB12-2029P, Temporary Worker Services, Page 40
               inspection or disclosure of returns or return information may also result in an award of civil
               damages against the officer or employee [United States for Federal employees] in an amount
               equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection or
               disclosure with respect to which such defendant is found liable or the sum of the actual
               damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus
               in the case of a willful inspection or disclosure which is the result of gross negligence, punitive
               damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and
               7431.
         (3)   Additionally, it is incumbent upon the contractor to inform its officers and employees of the
               penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a.
               Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C.
               552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her
               employment or official position, has possession of or access to agency records which contain
               individually identifiable information, the disclosure of which is prohibited by the Privacy Act or
               regulations established thereunder, and who knowing that disclosure of the specific material is
               so prohibited, willfully discloses the material in any manner to any person or agency not entitled
               to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
        (4)    Granting a contractor access to FTI must be preceded by certifying that each individual
               understands the agency’s security policy and procedures for safeguarding IRS information.
               Contractors must maintain their authorization to access FTI through annual recertification. The
               initial certification and recertification must be documented and placed in the agency's files for
               review. As part of the certification and at least annually afterwards, contractors should be
               advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431
               Civil Damages for Unauthorized Disclosure of Returns and Return Information and Exhibit 5,
               IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial
               certification and annually thereafter must also cover the incident response policy and procedure
               for reporting unauthorized disclosures and data breaches. (See Section 10) For both the initial
               certification and the annual certification, the contractor should sign, either with ink or electronic
               signature, a confidentiality statement certifying their understanding of the security requirements.

III.   INSPECTION

       The IRS and the Agency shall have the right to send its officers and employees into the offices and
       plants of the contractor for inspection of the facilities and operations provided for the performance of
       any work under this contract. On the basis of such inspection, specific measures may be required in
       cases where the contractor is found to be noncompliant with contract safeguards.




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 41
                                        ATTACHMENT C

                      MONTANA PREVAILING WAGES RATES FOR
                        NONCONSTRUCTION SERVICES 2011

      The services requested in this RFP will require the Contractor to pay prevailing wages. See
Contract Section 8.



                   Note: This document is provided in PDF format as a separate file
                           and may be found with RFP No. SPB12-2029P at
                       http://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspx.
                    This appendix is a critical and necessary element of this RFP.




                                                   RFP# SPB12-2029P, Temporary Worker Services, Page 42
                          APPENDIX C: CLIENT REFERENCE FORM

                                      INSTRUCTIONS FOR OFFEROR

The Offeror is solely responsible for obtaining up to three fully completed reference questionnaires from
clients for whom the offeror has provided services substantially similar to the types proposed in this RFP, and
for including them with their response. To obtain and submit the completed reference questionnaires as
required, follow the process detailed below.

   (1) Customize the standard reference questionnaire by adding the Offeror's name and make exact
duplicates for completion by references.

    (2) Send the customized reference questionnaires to each person chosen to provide a reference along
with a new standard #10 envelope.

   (3) Instruct the person that will provide a reference for the Offeror to:

       (a) Complete the reference questionnaire;

       (b) Sign and date the completed, reference questionnaire;

       (c) Seal the completed, signed, and dated reference questionnaire within the envelope provided;

       (d) Sign his or her name in ink across the sealed portion of the envelope; and

       (e) Return the sealed envelope containing the completed reference questionnaire directly to the
           Offeror.

   (4) Do NOT open the sealed references upon receipt.

   (5) Enclose all sealed reference envelopes within a larger envelope labeled References for RFP # SPB12-
2029P to be submitted with your response.


NOTES:
   •   The State will not accept late references or references submitted by any means other than that which is
       described above. Each reference questionnaire submitted must be completed as required.
   •   The State will not review more than the three references requested.
   •   These references may be contacted to verify Offeror's ability to perform the contract.
   •   The State reserves the right to use any information or additional references deemed necessary to
       establish the ability of the offeror to perform the conditions of the contract. Negative references may be
       grounds for proposal disqualification.
   •   The State is under no obligation to clarify any reference information.

Client References must be included with the Offeror's response. Responses must be received at the
reception desk of the State Procurement Bureau prior to 2:00 p.m., local time, Thursday, August 18,
2011. References received after this time will not be accepted for consideration. The Offeror may wish
to give each reference a deadline to ensure that the required references are received in time to be
included with the response.


                                                           RFP# SPB12-2029P, Temporary Worker Services, Page 43
                                          CLIENT REFERENCE QUESTIONNAIRE
                                   for RFP # SPB12-2029P, Temporary Worker Services

This standard reference questionnaire must be completed by all individuals providing a reference for
the Offeror.

The Offeror is solely responsible for obtaining completed reference questionnaires as required and for
enclosing the sealed reference envelopes with their response.
________________________________________________________________________________________
REFERENCE SUBJECT:
         OFFEROR'S NAME: (completed by Offeror before reference is requested)
------------------------------------------------------------------------------------------------------------------------------------------------
   The Offeror specified above intends to submit a proposal to the State of Montana in response to RFP #
   SPB12-2029P, Temporary Worker Services. As a part of this proposal, the Offeror 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;
     • Seal the completed, signed, and dated questionnaire in the new standard #10 envelope provided by
          the Offeror;
     • Sign in ink across the sealed portion of the envelope; and
     • Return the sealed envelope containing the completed questionnaire directly to the Offeror.
         Please note: Reference Questionnaires must be included with the Offeror's response
         and received at the reception desk of the State Procurement Bureau prior to 2:00 p.m.,
         local time, Thursday, August 18, 2011. References received after this time will not be
         accepted for consideration.
         Your response will be used as part of the Offeror's. A maximum of 70 of points are
         available based on your ratings.
------------------------------------------------------------------------------------------------------------------------------------------------
Please provide the following information about the individual completing this reference questionnaire on behalf
of the above-named Offeror.

                                                          Client Information
    Organization Name (Client):                                        Organization Address:


    Person Providing the Reference:                                    Title:


    Phone Number:                                                      Email Address:


    Reference Signature and Date:



                                      Signature                                                                   Date
            (must be the same as the signature across the envelope seal)



                                                                         RFP# SPB12-2029P, Temporary Worker Services, Page 44
1. Briefly describe the services provided by the Offeror identified above.




2. How long have you been using the services from the Offeror named above?




3. Please briefly describe your role with the services.




4. Rate each of the following concerning this Offeror’s performance using the ratings from 0-4 below:

               4 – Strongly Agree/Very Positive (10 points)
               3 – Agree/Positive (7-9 points)
               2 – Neutral (4-6 points)
               1 – Disagree/Negative (1-3 points)
               0 – Strongly Disagree/Very Negative (0 points)

Rating

_____ This company was knowledgeable in providing the services. Please add comments or explanation.

_____ The business relationship with this company was positive and cooperative, versus negative and
        adversarial. Please add comments or explanation.

_____ This company provided open, timely communications, and was responsive to our needs and
        requirements. Please add comments or explanation.

_____ The temporary workers provided were professional and pleasant to work with. Please add comments
        or explanation.

_____ The temporary workers provided possessed the requisite skills necessary to perform the tasks for
        which they were assigned. Please add comments or explanation.

_____ How would you rate your overall satisfaction with this company? Please add comments or
        explanation.

_____ I would choose to work with this company again. Please add comments or explanation.



5. Please provide additional comments if desired.




                                                          RFP# SPB12-2029P, Temporary Worker Services, Page 45

				
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