REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS Insurance Broker Services RFP # PY Release Date April 5, :00 a.m. MST Amended April 17, 2018 SUBMISSION DEADLINE: April 26, :00 p.m. MST Workforce Solutions Borderplex, Inc. 300 E. Main St., Suite 800 El Paso, TX (915) procurement@borderplexjobs.com Workforce Solutions Borderplex, Inc. is an Equal Opportunity Employer/Program. Auxiliary aids available upon request to individuals with disabilities. Relay Texas: Telecommunication Device for the Deaf (TDD) "711" or (800/ ), *800/ (Voice). Ayuda y servicios están disponibles para personas con discapacidades. Relay Texas: Sistema de comunicación para personas con problemas auditivos (TDD) "711" o (800/ ), *800/ (Voz)

2 TABLE OF CONTENTS INTRODUCTION... 4 PART 1 - GENERAL INFORMATION... 4 PROCUREMENT STANDARDS... 4 ELIGIBILITY TO RESPOND... 5 AUTHORIZED BOARD CONTACT... 5 CONE OF SILENCE... 5 CHANGES, AMENDMENTS, WITHDRAWAL, RE-ISSUANCE... 6 PART 2 - SCHEDULE OF ITEMS... 6 RFP PACKETS... 6 DUE DATE AND DELIVERY METHOD... 6 RFP SCHEDULE... 7 QUESTION/ANSWER PERIOD... 7 Letter of Intent... 7 SUBMISSION OF PROPOSALS... 7 CONTRACT TERM PERIOD... 8 PART 3 - SPECIFICATIONS... 8 SCOPE OF WORK... 8 PART 4 SUBMISSION GUIDELINES... 9 GENERAL GUIDELINES... 9 FORMAT EVALUATION PROCESS PROPOSAL REVIEW TEAM EVALUATION CRITERIA GOVERNING PROVISIONS AND LIMITATIONS INQUIRY AND PROTEST PROCEDURES PART 5 - ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H RFP# PY

3 ATTACHMENT I RFP# PY

4 INTRODUCTION Workforce Solutions Borderplex, Inc. (hereafter WSB ) is a regional 501(c) (3) non-profit corporation that provides workforce services to job seekers and businesses in a six-county region along the U.S.- Mexico border from El Paso to east of Presidio County. As one of 28 workforce boards in Texas, Workforce Solutions Borderplex s mission is to provide skilled workers to employers by advancing education, employment, entrepreneurship and economic development opportunities in support of global competitiveness and regional prosperity. WSB is governed by a 27 member Board of Directors appointed by local Chief Elected Officials in accordance with the provisions of Texas Senate Bill 642, Texas House Bill 1863 and the Federal Workforce Investment Act of WSB is composed of volunteer community leaders representing the private sector; organized labor-based organizations (CBOs); education; public employment service (TWC); vocational rehabilitation; public assistance; economic development; local literacy councils; and, adult basic education. The Board of Directors, has hired a Chief Executive Officer (CEO) to serve as the person in charge of WSB s daily operations. The CEO is ultimately responsible for and oversees the operations of WSB s programs, the personnel whom work for WSB, the procurement process utilized by WSB to purchase goods and services and retain contractors, and all financial and compliance matters of the organization. WSB is the oversight entity and fiscal agent for workforce development services and administers the procurement of goods and services that meets compliance with federal/state regulations. The primary responsibility of WSB is to identify the workforce needs and issues of the area; and provide policy and program guidance and evaluation of workforce development programs and services that affect area employers, residents and job seekers. WSB represents a public/private partnership that serves as a catalyst for building a workforce development system that meets the needs of local employers and job seekers. The Workforce Board area consists of Brewster, Culberson, El Paso, Hudspeth, Jeff Davis and Presidio counties. For more information about WSB, please view the materials at Additional information about the Workforce Solutions Borderplex and the workforce system, in general, can be obtained from This Request for Proposal (RFP) provides potential respondents with vital background information and describes the desired services, guidelines for submitting a response, and the selection process. Potential respondents are strongly encouraged to: Read the RFP carefully; and Provide all necessary information and ask questions or seek technical assistance on points or concepts that are unclear. PART 1 - GENERAL INFORMATION PROCUREMENT STANDARDS Procurement of goods and services under federal assistance programs shall be in compliance with OMB Circular A-122, A-110, or applicable OMB Circular, supplemented by the final rules promulgated by the Office of the Texas Governor under the Uniform Grants Management Standards, and the Texas Workforce Commission (TWC) Financial Manual for Grants and Contracts. These RFP# PY

5 guidelines require that procurement transactions be conducted in a manner that provides for maximum free and open competition. Additionally, awards may only be made to organizations possessing the demonstrated ability to perform successfully under the terms and conditions of the contract agreement. The Texas Workforce Commission s (Commission) Financial Manual for Grants and Contracts (FMGC) 14.3 states: The procurement of all goods and services shall be conducted, to the maximum extent practical, in a manner providing full and open competition consistent with applicable administrative requirements. ELIGIBILITY TO RESPOND This Request for Proposal (RFP) is open regarding the variety of proposed options to ensure that the resulting selection will be responsive to the current needs and challenges of the organization. Organizations able to meet the technical specifications for quality and other terms of this proposal package and not debarred and/or suspended from conducting business with federal and state funded agencies are invited to respond. A prospective proposer must affirmatively demonstrate responsibility. A prospective proposer, by submitting a proposal, represents to WSB that it meets the following requirements: Possesses or is able to obtain adequate financial resources as required to perform under this RFP. Is able to comply with the required or proposed RFP. Has a satisfactory record of integrity and ethics. Be otherwise qualified and eligible to receive an award. Be in good standing with the applicable national or state associations. No contract(s) will be awarded to any respondent(s) that is/are on State or Federal sanctions, during the award phase of the procurement process. Minority, disadvantaged, veteran-owned and women-owned businesses that are certified by the State as Historically Underutilized Businesses are encouraged to respond to this RFP. For purposes of this RFP, interested contractors are referred to as Proposers, Respondents, or Applicants. AUTHORIZED BOARD CONTACT The authorized Workforce Board contact person for this procurement is the Procurement & Contracts Department, Workforce Solutions Borderplex, Inc., 300 E. Main St., Suite 800, El Paso, Texas 79901, Telephone: (915) or via at procurement@borderplexjobs.com. CONE OF SILENCE The WSB s Cone of Silence was adopted to ensure a fair and competitive bidding environment by preventing communication between WSB officials, employees, or representatives and parties involved in the bidding process that could create an unfair advantage to any party with respect to the award of a WSB contract. RFP# PY

6 The Cone of Silence period begins on the day that the request for proposal (RFP), request for quotations/qualifications (RFQ), or highest qualified bid (including best value and competitive sealed proposals) is advertised, or the day a source selection or the giving of a notice of a proposed project is made, and ends on the day that a recommendation of a contract award is made. The Cone of Silence prohibits any communication or lobbying activities during the Cone of Silence period, by any person, including but not limited to, bidders, lobbyists or consultants of bidders, service providers or potential vendors and any the following: WSB Board members, WSB staff, and associated parties are precluded from entertaining any questions outside the bidders conference and/or the written question process described above. Potential applicants are asked to respect these conditions by not making personal requests for assistance. No unauthorized methods or sources of responses or clarification are considered valid. Any violation of this process may disqualify an applicant. CHANGES, AMENDMENTS, WITHDRAWAL, RE-ISSUANCE Any Bidder may withdraw their bid either in person or by written request at any time prior to its acceptance. In addition, the Workforce Board reserves the right to: Amend or withdraw this RFP at any time; Reject any and all applications; and/or Re-issue this RFP. PART 2 - SCHEDULE OF ITEMS RFP PACKETS Request for Proposal packets will be available beginning on and after 9:00 a.m. MST on Thursday, April 05, 2018 at the above address. Packets may be picked up in person or requested in writing to the address listed in the contact section. The RFP will also be available on the Workforce Board website at DUE DATE AND DELIVERY METHOD The Procurement & Contracts Department staff (or authorized Workforce Board representative) must physically receive responses to this RFP. Sealed proposals are due no later than: 2:00 p.m. MST on Thursday, April 26, 2018 Responses submitted after this time will not be accepted under this RFP. Any reasonable delivery method may be used, except facsimile. Use of a traceable delivery method, such as certified mail-return receipt requested, guaranteed express service, or hand delivery is recommended. Submissions post marked prior to the due date but received after the due date will not be considered. No facsimile may be used. RFP# PY

7 RFP SCHEDULE The following schedule of events is subject to change at the discretion of the Workforce Board. All requestors of this RFP will be notified of any and all changes. All times shown in the RFP are Mountain Standard Time Zone (MST). Issuance of RFP Deadline for Submitting Questions Questions and Answer Release Letter of Intent Proposal Due Date April 5, :00 a.m. (MST) April 17, :00 p.m. (MST) April 20, :00 p.m. (MST) April 19, :00 p.m. (MST) Thursday, April 26, :00 p.m. (MST) Evaluation of Proposals May 1 May 8, 2018 Selection for Award(s) Est. May 9-10, 2016 Contract Negotiation Begins Est. May 11-18, 2016 Contract Start Date Est. June 1, 2018 QUESTION/ANSWER PERIOD Prospective Bidder(s) may submit written questions beginning April 5, 2018 to April 17, Questions may be faxed, ed, or mailed. Responses to written questions received will be addressed in the Q&A posted on the website at Submit questions to: procurement@borderplexjobs.com. Written questions will be accepted before 2:00 p.m. (MST), April 17, Questions received after this deadline will not be answered. Answers to questions will be posted to the Workforce Board website located at following the question deadline. Therefore, Respondents are encouraged to view the website frequently to ensure they are fully aware of the most current information. All answers issued in response to Respondent questions become part of the RFP and the RFP process. Letter of Intent Prospective bidders may submit a Letter of Intent to Bid (Attachment I) by 5:00 p.m. MST on Thursday, April 19, This Notice does not obligate the prospective bidder to submit a proposal. updates will be sent directly to all who submit the Letter of Intent. SUBMISSION OF PROPOSALS Official receipt of proposals will be entered on a receipt form issued by WSB staff. Bidder(s) who mail a proposal will be sent (or faxed) a copy of this receipt form upon request. Sealed proposals must be hand delivered or mailed to and labeled as follows: Workforce Solutions Borderplex Procurement & Contracts Department RFP# PY E. Main, Suite 800 RFP# PY

8 El Paso, TX Timely delivery of proposals to the above address is the sole responsibility of the proposer. Proposals submitted via courier or overnight mail services will be considered to be hand-carried and must be received by the deadline. Proposals may be withdrawn upon written request if made before the response deadline. The cost of returning proposals that are withdrawn will be the responsibility of the bidder. Once the response deadline is passed, all proposals will become the property of the WORKFORCE BOARD and will not be returned. Proposals submitted in response to this RFP are subject to the Texas Public Information Act, Government Code, Chapter 552, and may be disclosed to the public upon request. No documents relating to this procurement will be presented or otherwise made available to any other person, agency, or organization until after the funding award. Any proprietary information should be clearly marked as Proprietary. (Note: Information marked as proprietary may still be considered public information; the Attorney General makes the final decision on what is proprietary.) CONTRACT TERM PERIOD WSB may award one or more contract(s) for the services delineated in the Scope of Work in this RFP. Any contract(s) awarded will be effective upon determination of award. The contract(s) resulting from this procurement will be for a 1 year term. WSB reserves the right to negotiate up to two (2) one-year contract renewals, contingent upon satisfactory performance, need, and availability of funds. A contractor performance evaluation will be conducted at the end of each year. The contract budget will be negotiated annually. No carryover/carry forward of funds will be included in the next year s contract. PART 3 - SPECIFICATIONS BACKGROUND AND PURPOSE Workforce Solutions Borderplex Jobs (WSB) is soliciting proposals for an insurance agent/ broker who will handle the placement and servicing of its property and casualty program. This insurance program includes auto liability, crime, property, terrorism, general and umbrella liability, professional liability, directors and officer s liability, cyber liability, and workers compensation coverage. Insurance and benefits packages required: 1) General Liability Insurance 3) Automobile Insurance 4) Property Insurance 5) Commercial Insurance 6) Electronic Equipment Insurance 7) Fidelity Bond Insurance 8) Workers Compensation SCOPE OF WORK The broker will be required to certify that: 1) Any Insurance company(ies) selected is/are licensed in the State of Texas or listed as an eligible surplus lines carrier (surplus lines carriers must sell through licensed surplus lines RFP# PY

9 agents, who certify that the required insurance is not available through a licensed company); 2) The company(ies) selected by the broker is/are licensed in the State of Texas to sell the line of insurance required; and 3) Insurance company(ies) selected has/have an excellent record for handling policyholder complaints. 4) Identify insurance exposures and provide risk management of the needs of WSB. 5) Obtain insurance coverage and premium quotes from as many companies as may be required to represent the best market representation. 6) Make coverage recommendations in terms of exposure, policy terms and conditions, services capability, and pricing. 7) In August of every year, prepare a forecast for the next year (October 1 through September 30) of insurance premium and services costs, and provide notice of changes when anticipated. 8) Advising, reporting, handling all claims and monitoring claims. 9) Performing a semi-annual loss review and presenting a semi-annual loss report. Respondents should provide and/or consider the following information: A. Respondents will provide sufficient background information and documentation to determine qualifications and business stability, including resumes of individuals responsible for providing the requested Broker Services. B. Respondents must attach a copy of their Broker Certificate(s) and Broker License(s) to their proposal. C. Interested brokers may bid on one, a combination of two or more, or all of the components listed above. D. Respondents may be required, if selected by the Evaluation Committee, to make an oral and/or visual presentation of their proposal. E. If selected for award, the Board may request detailed information and/or check references about broker through the Texas Department of Licensing and Regulation. F. The selected Broker will begin providing Broker Services effective June 30, All policies expire September 30 with the exception of the following policy: Management and Entity Liability Coverage, Employment Practices Liability Coverage, and Workplace Violence Coverage. This policy ends June 30, The Broker will need to go out to market and present a comprehensive, cost effective proposal on options for providers, to meet the Board s insurance needs; these proposal options will be reviewed by the Board of Directors and staff for consideration and subsequent selection. PART 4 SUBMISSION GUIDELINES GENERAL GUIDELINES To be considered for award, each respondent must submit an offer (proposal) and other supporting documentation in strict accordance with these instructions. When evaluating a proposal, WSB will consider how well the respondent complied with these instructions. WSB will consider any failure on the part of the respondent to comply with these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, WSB encourages respondents to contact the Authorized Board Contact by to request any additional clarification that may be needed to comply with these instructions. RFP# PY

10 FORMAT Each respondent is required to submit one (1) signed original, three (3) copies, and one (1) reproducible master disk or flash drive prepared or converted to Microsoft Office Software (Word, Excel, etc.) or PDF of the complete proposal response. The original must clearly be marked ORIGINAL on the cover sheet and contain original signatures, where applicable. Double sided printing is allowed. All responses must be typed and will become the property of WSB. Respondents are encouraged to identify proprietary information by clearly marking it as PROPRIETARY. (Note: Information marked as proprietary may still be considered public information; the Attorney General makes the final decision on what is proprietary.) The packet must contain the RFP number, name and address of respondent, due date, and time. All responses, forms, and attachments must be submitted on standard 8½ by 11 inch paper, with all pages sequentially numbered and either stapled or bound together with a binder clip. Do not submit proposals in three-ring binders, other multiple ring binders, or spiral binders. Font size must be no smaller than 12 point, single space. Failure to follow the Submission Guidelines may result in a proposal being considered unresponsive. Each copy of a completed Request for Proposal must contain all of the following documents in the order indicated. a) Attachment A - Respondent Cover Sheet Must be signed by the individual having Contract Signature Authority. b) Completed and signed Statement of Work: Proposal Narrative and Scope of Work, include 3 or more professional references for similar projects with addresses. Include Broker Certificate and License as well. c) Attachment B - Organizational Capacity (respondent provides) d) Attachment C - Proposed Budget or explanation of how broker gets compensated (i.e. commission, fees, etc) e) Attachment D - Financial Documentation (respondent provides) f) Attachment E - Franchise Tax Account (respondent provides) g) Attachment F Proof of General Liability Insurance (respondent provides) h) Attachment G - Assurances and Certifications The individual having Contract Signature Authority, as indicated on the Cover Sheet at Attachment A, must sign the Assurances and Certification Document. Do not re-type this document; use the copy provided with this RFP. i) Attachment H - Historically Underutilized Business (HUB) Certificate - If the Respondent s organization is HUB certified, enter the certification on the cover sheet and attach a copy of the HUB Certificate. (respondent provides, if applicable) EVALUATION PROCESS WSB will award the contract to the bidder(s) that submits a bid which represents the best value to WSB. The best value shall not be based solely upon price but the bid which receives the highest cumulative score for each of the evaluation factors delineated herein. The evaluation process will consist of: An initial review for responsiveness and compliance with the technical specifications and other criteria specified in the RFP; Only responsive proposals will be evaluated and scored by a proposal evaluation panel. Responsive proposals will be evaluated on specific areas by all reviewers using the same standardized instrument; Review and scoring by evaluators; Presentation of evaluations, scoring and recommendations of proposal review team to WSB Chief Executive Officer; RFP# PY

11 Successful Respondents will be contacted to determine administrative and financial management systems. Proposals may be deemed non-responsive for: a) Failure to follow the prescribed format for submitting the proposal; b) Failure to sign and submit the Cover Sheet and/or Assurances and Certifications; c) Failure to include one or more of the Attachments listed in the Format section of this RFP. PROPOSAL REVIEW TEAM A proposal review team will be assigned to evaluate all responsive proposals received by WSB. The review team will use the evaluation criteria as outlined below. EVALUATION CRITERIA The following criteria will be used to evaluate each proposal response. Each response will be awarded a numerical rating based on the information provided by the respondent, up to the maximum number of points indicated for each area of consideration. There are 100 points available. Proposals that do not meet minimum standards and/or earn an overall rating of less than 70 points will be deemed unacceptable and will be disqualified from further consideration. A minimum of 70 points are required to continue to the interview phase for RFPs that require bidder interviews. The review and evaluation of proposals shall be based on the following criteria: Respondent Background Information (Maximum 40 Points) a. Did the respondent provide sufficient background information to determine if the organization is financially stable and did the information demonstrate financial stability? b. Did the respondent provide resume(s) of individuals who would be responsible for providing the requested Broker Services and did the resume(s) reflect adequate experience in performing this type of service? c. Did the respondent provide a brief description of the organization s Board of Directors, Principals and/or Officers, their education and relevant experience and did the proposal demonstrate adequate experience and education to perform these services (e.g., 5 years minimum experience)? Past Performance (Maximum 30 Points) All responses will be reviewed for the respondent s approach and demonstration of successful past performance. a. Did the respondent provide information for three (3) contracts establishing past experience and performance relating to Insurance Broker Services similar to those sought by the Board? b. Did the information on the three (3) contracts include the Contracting Agency, address, telephone number, address and point of contact; total amount of each contract; beginning and ending dates of contracts; a brief synopsis of the services performed; and other indicators of successful past performance? Did these indicators demonstrate successful performance carrying out services the Board is seeking? RFP# PY

12 c. Were the Services provided similar in nature to the services requested in this RFP? Cost Analysis (Maximum 30 Points) All responses will be rated as to reasonable and necessary costs. A detailed explanation of all costs/fees are required. a. Are all costs/fees associated with the requested Services clearly stated? b. Are the costs reasonable (i.e., does the respondent s proposed cost compare well to the costs offered by other respondents or to what is reasonable for the local market)? Historically Underutilized Businesses (HUB) (5 Points, Tie Breaker) In the event that two (2) or more responsive proposals end-up with a tie score the following criteria will be used as a tie-breaker: A respondent that is State HUB certified and has provided the organization s State HUB Certification Number on the Cover Sheet (Attachment B) and attached a copy of the State HUB Certificate (Attachment H) will be awarded five (5) points. The bonus points will not be added to the total score but only used to break the tie scores between bidders. In the case that the tie score continues after applying the bonus points, the best value criteria will be used to break the tie scores. GOVERNING PROVISIONS AND LIMITATIONS The following provisions and limitations apply to this Request for Proposal. The intent of the RFP is to identify various prospective contract alternatives and obtain cost analysis for services solicited. WSB is under no obligation to execute a contract(s) on the basis of any information received. Furthermore, this RFP does not commit WSB to pay for any costs incurred in the preparation of a response. WSB reserves the right to accept or reject any or all information received, to modify this RFP, to cancel this RFP in part or in its entirety, or to reissue this RFP. WSB is not responsible for any costs incurred in services provided by Respondents, prior to the commencement date of any contract. All information and any attachments, appendices, or other information submitted as part of a response, become the property of WSB upon submission, and may be reprinted, published, or distributed in any manner WSB deems appropriate, in accordance with open record laws, and applicable state and federal policies and procedures. WSB reserves the right to contact any individual, agencies or employers listed in a response to the RFP, to contact others who have experience and/or knowledge of the Respondent s relevant performance and/or qualifications and to request additional information from any and all Respondents. WSB reserves the right to negotiate the terms of any and all purchase agreements with Respondents selected and such agreements negotiated as a result of this RFP may be renegotiated and/or amended in order to successfully meet the needs of the local workforce development area. WSB reserves the right to conduct a review of records, systems, procedures, etc., of any entity selected for funding. This may occur prior to, or subsequent to, any award. RFP# PY

13 Misrepresentation in an application of a Respondent s ability to perform may result in termination of any award. WSB reserves the right to withdraw or reduce the amount of an award, or to cancel any contract resulting from this procurement if adequate funding is not received from TWC. Solicitation and selection of providers must conform to relevant state and federal laws and regulations and local policies governing procurement of supplies, equipment and any type of services. Successful Respondents will be responsible for familiarizing themselves with applicable laws and regulations. Respondents shall not, under penalty of law, offer or provide any gratuities, favors or anything of monetary value to any officer, member, employee or agent of WSB for the purpose of having the effect of influencing favorable disposition toward their own application or any other application submitted hereunder. Respondents shall not attempt in any manner to advocate for, lobby or otherwise attempt to influence any officer, Workforce Board of Directors, employee, application evaluator, or agent of WSB or elected official for purposes of having an influencing effect on this procurement. No officer, Workforce Board of Directors, employee, application evaluator, or agent of WSB shall participate in the selection, award or administration of a contract supported by workforce development funds if a conflict of interest, or potential conflict, is involved. Respondents shall not engage in any activity that will restrict or eliminate competition. Violation of this provision may cause a Respondent s application to be disqualified and rejected. This does not preclude joint ventures or subcontracts. All applications submitted must be an original work product of the Respondent. The copying, paraphrasing or other use of substantial portions of the work product of another party and submitted hereunder as original work of the Respondent is not permitted. Failure to adhere to this instruction may cause the application to be disqualified and rejected. The contents of a successful application may become a contractual obligation if selected for the award of a contract. Failure of a Respondent to accept this obligation may result in cancellation of an award. No plea of error or mistake shall be available to successful Respondents as a basis for release from proposed services at the stated price/cost. Any damages accruing to WSB as a result of a successful Respondent's failure to contract with WSB may be recovered from the Respondent. Respondent is expected to honor their quoted pricing for 90 days after the RFP/RFQ closes. A contract with a selected Respondent may be withheld, at the sole discretion of WSB, if issues of contract or questions of non-compliance, questioned/disallowed costs, audit/monitoring findings or legal issues exist, until such issues are satisfactorily resolved. WSB may withdraw the award of a contract if the resolution is not satisfactory to WSB. The solicitation and selection of applications must conform to all relevant federal, state and local laws, regulations, rules, and policies governing the procurement of supplies, equipment and services. Respondents are responsible for familiarizing themselves with such matters. The contractor will be responsible for meeting all performance measures as laid out by DOL and TWC (Measures and Targets are subject to change). In the event that the State and/or Workforce Solutions Borderplex sets additional goals to indicate the success of the system, the contractor will also be required to meet those goals and/or measures as well. Under Texas Government Code Section , WSB is subject to the Texas Public Information Act and the information provided in response to this RFP will be made accessible to the public. If a Respondent believes that any information contained in its application qualifies for an exception to the Public Information Act, it must clearly indicate which information is deemed confidential and clearly state the grounds for the exception. RFP# PY

14 INQUIRY AND PROTEST PROCEDURES Requests for Debriefing Respondents who desire a debriefing must submit a written request within ten (10) business days of the receipt of WSB s notification of the procurement decision. In the debriefing, the respondent will obtain information on the procurement process and how their proposal or offer was received and ranked. WSB shall acknowledge receipt of the request for debriefing in writing within three (3) business days of receipt, along with the date and time of the scheduled debriefing. The debriefing shall be scheduled, as soon as possible, and no later than ten (10) business days from the written receipt of request for debriefing. Debriefing The purpose of the debriefing is to promote the exchange of information, explain WSB s proposal evaluation system, and help unsuccessful respondents understand why they were not selected. Debriefings serve as an important educational function for new respondents, which hopefully, will help them to improve the quality of any future proposals. WSB staff and/or independent evaluators will meet with the appealing party and review: (a) the proposal evaluation process and (b) how the appealing party s proposal for bid was scored or ranked. Bidders and respondents can gain a better understanding of the procurement process and how to improve their bids or proposals, while WSB staff gets direct feedback to help improve future procurements. The debriefing process, however, is not an open-ended invitation for a bidder to obtain information and documentation on an evaluation. Although WSB will endeavor to provide as much information or documentation as possible in a debriefing, WSB must observe relevant legal restrictions on the timing and extent certain bid-related information and documentation can be disclosed. By way of example, WSB may not release confidential or proprietary information belonging to other bidders during any stage of the debriefing or appeals process. Written Notice of Appeal If after the debriefing, the appealing party wishes to continue with the appeal process, they must submit to WSB, a written Notice of Appeal within ten (10) business days of the date of the appealing party s debriefing. This written notice must clearly state that it is an appeal and identify the following: The solicitation being appealed (i.e. RFP number and date). The name, address, phone and fax number of the appealing party. The specific grounds of the appeal. Any relevant documents in the Respondent s possession or control and which are material to the consideration of the appeal The Notice of Appeal must be sent by registered mail or hand delivered (please request a receipt), clearly identified externally as Dated Material and addressed to: Equal Opportunity Officer Workforce Solutions Borderplex, Inc. 300 E. Main St., Suite 800 El Paso, Texas Telefax/facsimile/ notices and/or any other documentation sent via these means will not be accepted at any stage of the appeals process. Written acknowledgement of receipt of the Notice of Appeal will be provided to the appealing party within five (5) business days of receipt of the notice. Such document will also include specific instructions for completing the appeal process and the date, time and place of the Informal Hearing. RFP# PY

15 Informal Hearing An Informal Hearing will be held at WSB offices within ten (10) business days of receipt of the Notice of Appeal by WSB. The Equal Opportunity Officer, or a designee, shall act as the Hearing Officer for the Informal Hearing, and will meet with the appealing party to discuss the specific concerns and grounds for the appeal that were identified in the Notice of Appeal. The Hearing Officer may recommend to WSB s Chief Executive Officer any appropriate actions allowable under program funding source rules and regulations and consistent with WSB Procurement Policies to resolve issues at the Informal Hearing. If the appealing party agrees, the appeal may be ended at this point. Request for Formal Hearing The appealing party, if not satisfied with the results of the Informal Hearing, must inform the Hearing Officer, in writing, no later than five (5) business days from the date of the Informal Hearing, of the intent to proceed with the appeal. A request for a Formal Hearing must be made in writing and delivered to WSB pursuant to the instructions for submitting written notices of appeal in Section 7.3 above. Within ten (10) business days of receipt of this written request, the respondent will be sent written notice. Formal Hearing and Final Decision The Formal Hearing shall be conducted within fifteen (15) business days of the date of the request for Formal Hearing. An Independent Hearing Examiner (IHE) will conduct the Formal Hearing of the appeal. Once selected, consider the facts presented as grounds for the appeal and remedies requested. The IHE may request additional information. After full review, the IHE will render his/her decision no later than sixty (60) days from the date of the written Notice of Appeal. The IHE s decision shall be the final decision and end the appeal process at the local level. Miscellaneous The Informal Hearing and Formal Hearing process set forth in this policy serves as any administrative grievance process required by applicable law. In all instances, information regarding the protest/dispute that reaches the formal appeal stage will be disclosed to the Texas Workforce Commission. PART 5 - ATTACHMENTS The following attachments are to be submitted with the proposal in the order indicated in this RFP. This space left intentionally blank RFP# PY

16 ATTACHMENT A Proposal Cover Sheet PY Insurance Broker Services Date Submitted: _ (WSB Procurement & Contracts Department) will provide receipt for hand-delivered responses; please use certified mail return receipt requested) when mailing responses. ****************************************************************************** Submitted by: Legal Name of Respondent Agency: Physical address: Mailing Address: Contact Person: Title: Telephone #: Fax #: address: Signature and Title of Individual Authorized for Signature: Signature Title Tax/Legal Status: State Government Agency Local Government Union Community College Local School District Non-Profit Private for-profit Other Federal Employer Identification Number: Texas State Comptroller ID Number: Historically Underutilized Business (HUB): HUB Certification Number RFP# PY

17 ATTACHMENT B Organizational Capacity This section formally introduces your organization and its proposed solution. Include a brief summary of your company's background, capabilities, and qualifications for the staff. Describe your organization's capacity to manage and provide services proposed. Include for example: 1. Staffing a. Organizational chart with lines of authority b. Resumes of key management staff c. Identification of all staff, by position and responsibilities Describe your organizations past experience and performance in operation and provision of services of a similar type and complexity as described within the RFP. This space left intentionally blank RFP# PY

18 ATTACHMENT C Proposed Budget Contractor Name: Contract Period: Personnel Category Salaries Fringe Travel Staff Development Employee Recruitment / Drug Test Other Personnel Total Personnel Non-Personnel Supplies & Printing Audit Postage & Freight Marketing Maintenance & Repairs Telephone & Internet Dues & Subscription Insurance Equipment Rental Other Non-Personnel / Miscellaneous Total Non-Personnel Total Operational Costs Indirect TOTAL COSTS * Line items are just examples, feel free to use what will better suit your organization. RFP# PY

19 ATTACHMENT D Financial Documentation All vendors must provide evidence of financial stability prepared by a certified public accountant. Please see below for the specific required documentation that must be attached to the application to be approved. All Vendors A balance sheet, financial statement or audit for the most recent year. G This space left intentionally blank RFP# PY

20 ATTACHMENT E Franchise Tax Account Status All vendors must attach a copy of their current Franchise Tax Account Status from the Texas Comptroller of Public Accounts. Out of state respondents should submit Certificate of Good Standing from their state of operation. The Web Site address to obtain this certificate is: If the Franchise Tax Account Status is not applicable, the respondent must indicate as such and provide a reason for non-applicability i.e., non-profit organization, sole proprietorship etc. This space left intentionally blank RFP# PY

21 ATTACHMENT F Proof of Liability Insurance All vendors must provide proof of General Liability Insurance in the form of a certificate of liability insurance. This space left intentionally blank RFP# PY

22 ATTACHMENT G Assurances and Certifications The authorized representative agrees to comply with all applicable State and Federal laws and regulations governing the Workforce Innovation and Opportunity Act, Workforce Development Boards, and any other applicable laws and regulations. The authorized representative certifies that the proposing organization possesses legal authority to offer the attached proposal. A resolution, motion or similar action has been duly adopted or passed as an official act of the organization s governing body authorizing the submission of this proposal. In addition, the authorized representative assures, certifies and understands that: Workforce Innovation and Opportunity Act (WIOA) recipients are obligated to maintain the following assurance for the period during which WIOA Title I financial assistance is extended. Each request for proposal and application for financial assistance under WIOA Title I shall contain the following assurances. As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the recipient assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: Section 188 of the WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I-financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color or national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against individuals with disabilities; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The recipient also assures that it will comply with WIOA implementing regulations and all other regulations implementing the laws listed above. This assurance applies to the recipients operation of the WIOA Title I-financially assisted program or activity, and to all agreements the recipient makes to carry out the WIOA Title I-financially assisted program or activity. The recipient understands that the United States has the right to seek judicial enforcement of this assurance. Debarment, Suspension, and Other Responsibility Matters: This certification is required by Federal Regulations, implementing Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), Department of Health and Human Services (45 CFR Part 76). The undersigned Respondent certifies that neither it nor its principals: (1) Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; (2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or RFP# PY

23 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of offenses enumerated in Paragraph (2) of this section; and (4) Have not within a three-year period preceding this application had one or more public transactions terminated for cause or default. Nondiscrimination: The undersigned respondent certifies that it shall comply with the nondiscrimination provisions outlined in the WI0A of 2014 including Title I, Sec This certification is required by Federal Regulations, 29 CFR through 38.21: 38.54; and WIOA Section 188. Conflict of Interest: The undersigned respondent certifies that: (1) No manager, employee or paid consultant of the Bidder is a member of the Policy Board, President, or an employee of the Workforce Board; (2) No manager or paid consultant of the Bidder is married to a member of the Policy Board, the President, or an employee of the Workforce Board; (3) No member of the Board of Directors, or an employee of the Workforce Board owns or has any control in the Bidder s organization; (4) No spouse of a member of the Board of Directors or employee of the Workforce Board receives compensation from Bidder for lobbying activities; (5) Bidder has disclosed within the proposal response any interest, fact or circumstance which does or may present a potential conflict of interest; (6) Should Bidder fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Bidder shall not be entitled to the recovery of any costs or expenses incurred in relations to any contract with the Workforce Board and shall immediately refund to the Workforce Board any fees or expenses that may have been paid under the contract and shall further be liable for any other costs incurred or damages sustained by the Workforce Board relating to that contract. Lobbying: This certification is required by the Federal Regulations, Implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93). The undersigned respondent certifies that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of Congress, or an employee of a Member of Congress (2) In connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (3) If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a RFP# PY

24 Member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (4) The undersigned shall require that the language of this certification be included in the award for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and provide disclosure accordingly. Drug-Free Workplace: This certification is required by the Federal Regulations, Implementing Section of the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76). The undersigned respondent certifies that it shall provide a drug-free workplace by: (a) (b) (c) (d) (e) (f) Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee; Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Contractor s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace; Providing each employee with a copy of the Contractor s policy statement; Notifying the employees in the Contractor s policy statement that as a condition of employment under this contract, employees shall abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace; Notifying the Commission within ten (10) days of Contractor s receipt of a notice of a conviction of an employee; and, Taking appropriate personnel action against an employee of violating a criminal drug statue or require such employee to participate in drug abuse assistance or a rehabilitation program. These certifications are material representations of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. WIOA Sec. 184 (f): Discrimination Against Participants: -- If the Secretary determines that any recipient under WIOA Title I has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to WIOA Title 1, or has testified or is about to testify in any such proceeding or investigation under or related to WIOA Title 1, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provision of WIOA Title I or the Secretary's regulations, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both. RFP# PY