Third Party Collections Request for Proposal RFP

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1 Third Party Collections Request for Proposal RFP Submitted by: PIKEPASS Division Issued Date: December 3, 2012 Due Date: January 15, 2013

2 OKLAHOMA TURNPIKE AUTHORITY Third Party Collections Request for Proposal Table of Contents Introduction Scope of Services Requested Length of Contract Background of Services Requested Collection of Delinquent PIKEPASS Accounts Collection of Delinquent Toll Violation Accounts Collection of Damaged Assets Accounts Instructions and Conditions for Submitting Proposals... 6 RFP Submission Comprehensive Response Requirements Toll Violation Specific Response Requirements Insurance Requirements Table of Appendixes Appendix A Reports and Payments Appendix B Minimum Performance Standards

3 1. INTRODUCTION: 1.1 The Oklahoma Turnpike Authority (OTA) is seeking proposals from potential qualified Third Party Collectors (TPC) for the purpose of collecting delinquent accounts, and all damaged asset claims as described in this Request for Proposal. 2. SCOPE of SERVICES REQUESTED: 2.1 Collection of delinquent items related to the operation of a toll road including unpaid tolls, administrative fees, damage claims, unpaid toll evasion violations and other miscellaneous claims. 2.2 Development of a systems interface in coordination with PIKEPASS for the data format, electronic transfer and maintenance of account information and reports as well as adherence to the technical specifications agreed to after award of the contract. 2.3 Compliance with the PIKEPASS goal to collect delinquent items and maintain a positive relationship with the public and to promote continued use of the toll roads. 2.4 Collect all damaged asset claims 100%. 3. LENGTH of CONTRACT: 3.1 Adherence to Contract for an initial two year term, with three one year extensions at stated rates, upon approval by both parties. 3.2 The OTA retains the ability to cancel the Contract in whole or any portion for any reason under all conditions. The effective date of the cancellation will be preceded by a 60 day written notice, by certified mail to the Account Manager described in Section The OTA may award any single portions of the requested services based on an evaluation of either the proposed cost of the services and/or the individual service requested. 4. BACKGROUND of SERVICES REQUESTED: 4.1 Collection of Delinquent PIKEPASS Accounts. The PIKEPASS program was implemented in January 1991 and provides electronic toll collection services for the Oklahoma Turnpike System. Customers enrolled in the program are issued a transponder, which communicates with roadside equipment, for the electronic processing of toll charges. The PIKEPASS program consists of two main account types, a pre-payment program and a billable program for government accounts. The majority of active accounts (approximately 590,000) are utilizing the pre-payment program. The PIKEPASS pre-payment program offers customers the ability to establish an account by initial payment, which maintains a balance for pre-paid tolls. The establishment of the account and periodic replenishments to the account are payable by cash, check, gift certificate, money order or major credit/debit card. Payments may be provided in person, by mail, telephone, internet, or automated replenishment (batch processing)

4 When a pre-paid account balance reaches a Low Balance Threshold, the account is flagged for replenishment. Customers have the option to select automated or manual replenishment for their account. Customers who have selected automated replenishment may utilize a major credit/debit card or bank account (EFT) to replenish the account. A nightly process and related encrypted file, is executed to automatically perform the account replenishment function. Customers who have selected manual replenishment are mailed notice to replenish the account. These customers may utilize any approved payment method to replenish the account balance. Payment may be made by telephone, mail, internet, or visiting one of our store locations PIKEPASS estimates initial prepaid delinquent accounts forwarded to collections to exceed 8,000 annually totaling approximately $1,000, Multiple items may belong to a single account Accounts are first considered delinquent when the balance falls below zero and a No Balance Notice requesting payment is sent to the account holder. These accounts were also sent a prior Low Balance Notice when the account balance dropped below the Low Balance Threshold triggering initial payment request Accounts that maintain a negative balance in excess of 14-days are designated Pre-Terminate. These accounts are sent a Pre-Terminate Notice requesting payment and are assessed tolls at CASH rates Accounts that maintain a negative balance in excess of 60-days are sent a Final Terminate Notice warning that the account will be terminated in 30-days unless payment is made to restore a positive balance Accounts that maintain a negative balance in excess of 90 days are auto- Terminated. Collection Fee penalties are assessed, all PIKEPASSes are deactivated and these accounts are referred to the TPC. Patrons relying on inactive PIKEPASSes subject themselves to additional penalties and fines, including toll evasion violations. 4.2 Collection of Delinquent Toll Violation Accounts. Sections and in Title 47 of the Oklahoma statutes (Oklahoma Toll Collection Act) provides statutory procedure for the processing and collections of toll evasion violations utilizing a photo monitoring system. The Enforcement Branch of the PIKEPASS Division utilizes a violation enforcement processing system that includes capturing vehicle information at the time of a violation. A civil penalty is enforced for each processed toll evasion violation event based on the rate structure established by the Oklahoma State Legislature. A toll violation receivable begins aging at the date a Notice of Toll Evasion Violation is mailed to the responsible party (registered owner, responsible driver or terminated PIKEPASS account holder). By statute, toll evasion violation notices must be mailed within 45 days of the actual occurrence. The recipient is provided 21 days to respond/resolve either by payment or contestation. A lien prohibiting the registration renewal is placed on a vehicle if the Toll Evasion Violation is mailed by USPS Certified Mail and is unresolved 30 days past certified notice. Outstanding toll evasion violation receivables greater than 60 days are referred to the TPC Volume of delinquent Violations is approximately 15,000 totaling $375,000 annually

5 4.2.1 Of the total turned, at least 50 percent are expected to be resolved mainly as PIKEPASS account holders. 4.3 Collection of Damaged Assets Accounts. The OTA Damaged Assets Collection Process pursues damage claims resulting from traffic accidents involving patron vehicles with turnpike assets. The current OTA process is to first- contact - - the individual, company - or the insurance carrier by letter. If there is no insurance coverage, a letter is sent notifying the owner/driver that, in accordance with state law, the OTA will remove his/her driving privileges if arrangements are not made for payment. The third contact is an appropriate follow-up by phone or letter. (Numerous contacts are often required to finally receive payment.) Annual collected totals, based on historical activity, are expected to be approximately claims totaling approximately $500, The OTA desires the contractor to collect all claims pertaining to damaged assets. 4.4 The contractor will be required to set up a collection process system that will monitor all turnpikes for damages, set up the claims from data you have compiled pertaining to turnpike damages, complete the claim with work orders provided by the OTA Maintenance,Toll, PikePass, and other potential divisions within the OTA and proceed with the collection process. 4.5 The contractor will be required to submit all collected claims to the OTA weekly by check. The collected amount will be for the 100% of the damages. Supporting documentations is required with each check. 4.6 Fees charged for the collections are to be added to the claim and collected from the insurance company or causing party. The OTA will not pay for the collection service out of the OTA collected damage proceeds. 4.7 Required end of month reports are to be as follows: A list of all new claims for the reporting period A list of all outstanding claims Claims collected this reporting period, claim #, name of party, turnpike, amount collected, any outstanding balances, etc Accumulating total collected for year to date (January1 thru December 31 each year) Reports showing % of claims being collected against the claims issued. 4.8 TPC agrees that compensation will not be due on any released damaged asset accounts related to special consideration for the debtor that is approved by the OTA. Compensation will not be due to TPC on any uncollected claims. 4.9 TPC must certify and warrant that all collection efforts which it undertakes for and on behalf of the OTA shall be conducted in a fair, lawful and expeditious manner and shall comply with all standards and requirements of the Fair Debt Collection Practices Act and all applicable state and federal laws. TPC agrees to defend, indemnify, reimburse and hold the OTA, its parent and successors, harmless from all claims, demands, judgments and causes of action of any kind, brought or rendered against the OTA that result from or are caused by the wrongful efforts, activities or actions of the TPC, its agents or employees, in the collection of the accounts referred

6 4.10 TPC will honor the reasonable requests of the OTA for a report on the status of any or all accounts in its possession whenever the OTA deems the receipt of this information necessary TPC will release and return to the OTA, upon request, any account held by TPC and upon which TPC has made no collection within a period of 180 days prior to the request for its return. Such account will be returned by TPC without any charge whatsoever to the OTA for its services TPC will advise the OTA of any offer to settle received from debtor. The OTA will decide whether to accept or decline all settlement offers TPC will not bring or incur any costs in the collection of any violation account or the prosecution of an action of law without the express written authorization of the OTA. TPC will provide the OTA receipts and documentation for all expenditures made in connection with accounts approved for such action by the OTA TPC agrees that any reporting to credit services with respect to any and all damaged claims to collections by the OTA is expressly prohibited The OTA will send all received payments on damaged claim to TPC. TPC will provide the OTA a weekly report detailing payments received by TPC in addition to a monthly summary report detailing payments received by TPC included with the monthly payment to the OTA for the balance due the OTA following collection by TPC. Monthly summary report details should reflect all collections associated with specific payments made to the TPC. The amount due the OTA and the amount collected by TPC as a fee should be listed and referenced to each damaged asset claim number and any additional requirements listed in section The OTA retains the right to collect on its own behalf all claims it has filed prior to contracting with the TPC TPC will provide the OTA a monthly client recap of performance that is dynamic to the month that damaged asset account receivables are turned to TPC. This report will include, but not be limited to: Period Placements Current Monthly Collections Collections to Date Current Monthly Commissions Commissions to Date Percentage Recovery for Each Period to Date 4.18 The OTA will determine the resolution of any and all disputed claims following notification by TPC that debtor is disputing the validity/at fault of such claim. Upon request, the OTA will provide TPC further documentation to substantiate or release the disputed claim. 4.8 All collection practice/procedures must comply with all Federal and State Collections Guidelines and Procedures. 4.9 All information obtained in this collection process is confidential and must not be shared with any outside source Show a detailed fee schedule for collection of damaged assets The awarded vendor will be required to submit their plan of collection practices/procedures to the OTA for approval

7 5. INSTRUCTIONS and CONDITIONS for SUBMITTING PROPOSALS: 5.1 In connection with this RFP, interested firms should limit their contact with the OTA by communicating with: Darwin Stewart or Glen Branscum Dwight Brown (damaged asset only) 5.2 Contact with persons other than those listed above regarding this RFP may be grounds for elimination from the selection process. 6. RFP SUBMISSION: 6.1 All responses to this RFP must be received by 3:00 P.M. January 15, All proposals should be mailed in an envelope clearly marked RFP # , and will be opened immediately after the closing deadline. Submit proposals to the following address: OKLAHOMA TURNPIKE AUTHORITY ATTN: DWIGHT BROWN PURCHASING OFFICER P.O. BOX OKLAHOMA CITY, OK Proposals may also be hand delivered to the OTA s reception desk at the following address: OKLAHOMA TURNPIKE AUTHORITY 3500 MARTIN LUTHER KING OKLAHOMA CITY, OK Deliveries by telephone facsimile cannot not be accepted. 6.4 Attach the provided bid notification sticker to the lower left front of your mailing envelope. This bid notification sticker notifies our mail room to not open the envelope, a sealed bid is enclosed. 6.5 If you do not have the notification sticker, provide the following information on the lower left front of your mailing envelope: BID # OPENINGDATE TIME 7. COMPREHENSIVE RESPONSE REQUIREMENTS: 7.1 The detailed requirements set forth in this section are mandatory. Failure to respond to a specific requirement may result in disqualification. The response - 6 -

8 should be limited to 12 pages (8 ½ x 11 with no appendices). Interested firms must submit the original proposal along with four copies. 7.2 Please submit the following information in the order listed: State the name of the firm submitting proposals, the primary address, telephone, fax and Federal Employer Identification Numbers (FEIN). Also, state the name and title of the person who will serve as key contact person for the firm with respect to the proposals, and the name of the person submitting the proposal as an authorized representative of the firm Describe the organization, size and stability of your firm, identify the key officers and/or management of the firm, and provide a list of office locations including the number of employees in Oklahoma List and describe the firm s professional relationships involving the OTA or the State of Oklahoma for the past five years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the requested Services Provide an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Oklahoma, if such licensing is required Identify the members of the firm who would be assigned to any engagement and indicate whether each such person is licensed to practice in Oklahoma, if such licensing is required. Provide information on the background and experience of each person and describe significant engagements they were assigned which were similar to the services listed in this request Describe what assurances that the professionals identified in will actually fulfill the roles as proposed and will be readily available and accessible to the OTA as needed Provide a statement explaining the special resources or qualifications the firm possesses to make it uniquely qualified to provide the services listed and related management advisory services Provide the information regarding the circumstances of any disciplinary action taken against your firm during the last three years with state regulatory bodies or professional organizations Provide a list of at least three organizations, along with the name of a contact person and phone number that can be used as references for performance of similar and related services. (Selected organizations may be contacted to determine quality if work performed and personnel assigned to project.) 7.3 Respondent shall state qualifications using the following: Be an established company regularly engaged in the business of debt collection for a period of five years within the last seven years Have a minimum of two years experience conducting debt collection services in the state of Oklahoma Be in good financial standing, not in any form of bankruptcy, current in payment of all taxes and fees such as state franchise fees. The OTA reserves the right to request the latest financial statement. 7.4 The following are required of all respondents: - 7 -

9 7.4.1 Comply with The OTA s objective to maintain a professional and constructive environment and communication while pursuing unpaid debt from debtors as it relates to delinquent toll evasion or general account receivable management items Maintain good standing with all federal, state and local regulatory agencies Maintain good standing with ACA International (Association of Credit and Collection Professionals) Follow FDCPA, FCRA, and any applicable Oklahoma statutes Be in compliance with the DPPA U.S.C guidelines Provide the OTA a Declaration of Compliance to the Gramm-Leach-Bliley Act that stipulates the requirements for confidentiality of all nonpublic personal information concerning customers of any and all clients. 7.5 The following Personnel Requirements must be met by respondents: The respondent shall designate a qualified individual to manage The OTA accounts and serve as a constant primary point of contact The respondent shall hire and fully train the staff in the respondent s operational procedures prior to the commencement of the contract. Staff shall include appropriate bilingual (English and Spanish) speaking staff based on demographics If The OTA is dissatisfied with any aspect regarding the account manager or staff assigned to PIKEPASS activities, the respondent shall immediately remove that person. The OTA may require pre-approval for replacements. A resume and references may be requested for the replacement if references or past working performance is questionable or unfavorable. 7.6 The OTA will require routine collection services related to the management of account receivables (as listed in Sections ) and credit reporting. Respondent can bid on all three services or on any combination of the three. All items sent to a collection agency will be pursued until the delinquent amount is satisfied. The respondent shall: Pursue recovery of the OTA items forwarded for collection using a combination of techniques to include but not limited to telephone calls, a series of collection letters and litigation in small claims court and other courts depending on dollar size of account. The OTA will be the determinant regarding court proceedings Submit a schedule of Procedures and associated Commission rates to be charged upon successful collection of accounts turned The Commission will be added to the amount turned, and included in the amount reported The anticipated volumes reported in Section 4 will be used to assist in the selection process Maintain training and staffing plan addressing staff work groups, experience levels, routing of calls for Spanish speaking debtors, and key issues requested in the specification. The training plan shall be available for review by The OTA Allow for payments to be made by debtors via methods to include but not limited to mail or telephone using a credit card, ACH, EFT, money order or - 8 -

10 cashier s check. The respondent must submit a list for consideration of all the payment services to be made available Provide segregated methods of secure operation for collecting payments, reconciling the payments with the OTA and transferring the payments to the OTA s accounts as listed in The OTA s approval of the respondent s chosen operation is required. Current methods utilized are shown in Appendix A Account types currently include (subject to change) collections for: PIKEPASS - Prepaid account delinquencies and related administrative fees Violation Enforcement - Toll evasion violations related to missed tolls and their related fees Damaged Assets - all damage asset claims Maintain an automated record of phone calls and log all correspondence with debtors. Correspondence shall indicate an escalation of importance with resolution from one letter to the next Maintain a toll free telephone number for customer service and include the number on all correspondence to debtors Maintain a high level of customer service while pursuing unpaid debts Provide procedures for disputes and Cease and Desist Letters Not use any false statement during the collection process Have the ability to expand services to accommodate additional collection volumes generated by future toll projects statewide Unless otherwise agreed upon, remit payments on collections as described in Appendix A. 7.7 The respondent shall provide an Implementation Plan for approval within 30 days after award of the contract. The Implementation Plan shall include the following: Proposed operations start up process including a time line schedule with dates and major milestones to be accomplished Description of the deployment process of the debt collection services Description of the expansion of debt collection services to support higher collection volumes generated by growth in related accounts. 7.8 The performance plan will be used by the OTA to measure the effectiveness of the respondent s collection efforts (Ref: Appendix B Respondent Minimum Performance Standards). The structure of the plan shall include incentives and disincentives based on respondent s performance Initial performance plan including performance standard provided in Attachment A shall be developed jointly with the respondent within three months of award of contract. Monitoring and adjustments to these performance measures will continue during the first six months of the toll operations start-up Mutual agreement between the OTA and the respondent on the final performance measures shall be established at the end of six months of award of the contract. 7.9 The respondent shall submit (to the OTA for consideration) examples of reports to be used during the term of this contract period. Reports and format standards will be approved by the OTA and shall be delivered to the OTA authorized - 9 -

11 representative. Unless otherwise agreed upon, reports shall include, but not be limited to semimonthly reconciliation of payments to accounts, weekly activity and monthly reports of status. 8. TOLL VIOLATION SPECIFIC RESPONSE REQUIREMENTS: 8.1 The OTA will provide a weekly list of accounts and specific violations to TPC that are unresolved and aged to a Collections Status (Notification Date + 60 Days) in a format that is acceptable to both OTA and TPC. This listing will include the balance due for each violation number along with all relevant data pertaining to the specific debtor and violation data along with two important reference numbers: OID (Owner Identification) number; similar to an account number, and is specific to the individual or entity responsible for the violation debt VID (Violation Identification) number; similar to specific invoices grouped under the OID or account number and represents separate and distinct violation events with specific dollar amounts due for each number 8.2 The OTA desires TPC to collect said accounts and reference payments to specific Violation Identification numbers that are associated with specific Owner Identification numbers. 8.3 TPC agrees that compensation will not be due on violation accounts that are resolved and released after being turned to TPC that involve either OTA patron related release or other administrative release deemed appropriate by OTA at the time of resolution. OTA will provide TPC with a weekly report detailing all released violation accounts for the previous week that TPC needs to release from its collections process. 8.4 TPC agrees that compensation will not be due on any released portion of a violation account related to special consideration for the debtor that is approved by the OTA. 8.5 TPC must certify and warrant that all collection efforts which it undertakes for and on behalf of the OTA shall be conducted in a fair, lawful and expeditious manner and shall comply with all standards and requirements of the Fair Debt Collection Practices Act and all applicable state laws. TPC agrees to defend, indemnify, reimburse and hold the OTA, its parent and successors, harmless from all claims, demands, judgments and causes of action of any kind, brought or rendered against the OTA that result from or are caused by the wrongful efforts, activities or actions of the TPC, its agents or employees, in the collection of the accounts referred. 8.6 TPC will honor the reasonable requests of the OTA for a report on the status of any or all accounts in its possession whenever the OTA deems the receipt of this information necessary. 8.7 TPC will release and return to the OTA, upon request, any account held by TPC and upon which TPC has made no collection within a period of 180 days prior to the request for its return. Such account will be returned by TPC without any charge whatsoever to the OTA for its services. 8.8 TPC will advise the OTA of any offer to settle received from debtor. The OTA will decide whether to accept or decline all settlement offers. 8.9 TPC will not bring or incur any costs in the collection of any violation account or the prosecution of an action of law without the express authorization of the OTA. TPC

12 will provide the OTA receipts and documentation for all expenditures made in connection with accounts approved for such action by the OTA TPC agrees that any reporting to credit services with respect to any and all debtors associated with violation accounts turned to collections by the OTA is expressly prohibited The OTA agrees to accept payments on violation accounts that have been turned to TPC for collection and provide TPC with a weekly report summarizing this activity. TPC will then invoice the OTA for fees owed to TPC as a result of payments received by the OTA TPC will provide the OTA a weekly report detailing payments received by TPC in addition to a monthly summary report detailing payments received by TPC included with the monthly payment to the OTA for the balance due the OTA following collection by TPC. The weekly reports are critical as motor vehicle stop flags preventing registration renewal are associated with all violation accounts turned to collections. Monthly summary report details should reflect all collections associated with specific payments made to the OTA by TPC. The amount due the OTA and the amount retained by TPC as a fee should be listed and referenced to each violation identification number TPC will provide the OTA a monthly client recap of performance that is dynamic to the month that violation account receivables are turned to TPC. This report will include, but not be limited to: Period Placements Current Monthly Collections Collections to Date Current Monthly Commissions Commissions to Date Percentage Recovery for Each Period to Date 8.14 TPC agrees to reference the OTA s Owner Identification Number on all correspondence to debtors The OTA will determine the resolution of any and all disputed violation debts following notification by TPC that debtor is disputing the validity of such debts. Upon request, the OTA will provide TPC further documentation to substantiate the validity of any disputed debt. 9. INSURANCE REQUIREMENTS: 9.1 The awarded contractor will be required to provide the OTA with the following Insurance coverage throughout the contract period to include any additional option periods: 9.2 General Liability: One million Dollars ($1,000,000.) 9.3 Professional Liability and Special Multi-Peril: One Million Dollars ($1,000,000.00)

13 Appendix A Reports & Payments PIKEPASS Payments Payments on delinquent accounts are made to both PIKEPASS and the Third Party Collector (TPC), by mail, phone and in person. Reports Payments received by PIKEPASS from account holders are electronically reported daily to TPC. TPC reports payment receipts to PIKEPASS semi monthly. The report from TPC also reconciles with daily reports from PIKEPASS, and acts as an invoice to document semimonthly commission payments to TPC. Violation Enforcement Payments Payments on accounts are made to both PIKEPASS/Enforcement and the TPC, by mail, phone and in person. Reports - Payments received by PIKEPASS/Enforcement from violators are electronically reported weekly to TPC. Payments made to TPC are reported to PIKEPASS/Enforcement monthly. Report from TPC includes summary of violation payments, and is the basis for monthly payment of commissions. TPC report is also reconciled by PIKEPASS/Enforcement monthly. Damaged Assets Payments Payments are made to TPC and fees are deducted from payments. Reports Status reports are produced by TPC monthly

14 Appendix B Minimum Performance Standards For Third Party Collector GENERAL Ratio of accounts collected or resolved to accounts turned Accounts that have been contacted (by any method) 50% collected during the first 180 days, calculated using a six month moving average. 100% CONTACT WITH DEBTORS Letters sent to responsible debtors First written collection notice mailed to validated address Calls made to validated phone number Verbal contact with responsible debtor Two letters Mailed within five business days of transmission Two calls 75% of accounts submitted during the first 60 days CUSTOMER SERVICE Problem resolution Disputed collection items returned to OTA from receipt of documentation Turnover rate for permanent staff Number of bilingual staff members 100% documented 85% resolve within three business days Within three business days No greater than 20% annualized At least one bilingual (English and Spanish) speaking staff scheduled at all times during the hours of operation

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