EMPLOYEE BENEFITS DIVISION OF THE HUMAN RESOURCES DEPARTMENT

Transcription

1 Release Date: May 6, 2014 Due Date: June 3, 2014 REQUEST FOR PROPOSALS FOR EMPLOYEE BENEFITS AND ACTUARIAL CONSULTING SERVICES RFP NO SS-AM ALBUQUERQUE PUBLIC SCHOOLS EMPLOYEE BENEFITS DIVISION OF THE HUMAN RESOURCES DEPARTMENT

2 TABLE OF CONTENTS I. INTRODUCTION Overview Purpose of this Request for Proposal Scope of Procurement Procurement Manager Definition of Terminology Background Information II. CONDITIONS GOVERNING THE PROCUREMENT Overview Sequence of Events Explanation of Events Issue of RFP Return of Acknowledgments of Receipt Form for Distribution List Deadline to Submit Written Questions Response to Written Questions/RFP Amendments Submission of Proposal Proposal Evaluation Selection of Finalists Best and Final Offers from Finalists Oral Presentation/Interviews by Finalists Finalized Contract Contract Award Protest Deadline General Requirements Acceptance of Conditions Governing the Procurement Incurring Costs Contractor Responsibility Subcontractors Fingerprints and Background Checks Amended Proposals Offeror s Rights to Withdrawal Proposal Proposal Offer Firm Disclosure of Proposal Contents No Obligation Termination Sufficient Appropriation Legal Review Governing Law Basis for Proposal Contract Terms and Conditions Offeror s Terms and Conditions Contract Deviations Offeror Qualifications Right to Waive Minor Irregularities Change in Contractor Representatives Notice Proposal Acceptance Rights ii

3 TABLE OF CONTENTS CONTINUED Right to Publish Ownership of Proposals Confidentiality Electronic Mail Address Required New Mexico Employees Health Coverage III. RESPONSE FORMAT AND ORGANIZATION Overview Number of Responses Number of Copies Proposal Format Proposal Organization Organization and Indexing Order of Items Inclusion of Completed Forms Costs, Rates, or Expenses Discussion Marking of Volumes Other Supporting Material Letter of Transmittal IV. SPECIFICATIONS Overview Information Funding Agency Resources/Facilities Provided Work Performance Scope of Work Scope of Procurement Technical Specifications Mandatory Specifications Authority to Provide Employee Benefits and Actuarial Consulting Services New Mexico Employees Health Insurance Coverage Form Campaign Contribution Disclosure Form Conflict of Interest and Debarment/Suspension Certification Form Statement of Confidentiality Form Request for Taxpayer Identification Number and Certification (W-9) Form Professional Liability Insurance Knowledge of State and Local Governmental Employee Benefits and Actuarial Policies and Procedures Ability to Manage Employee Benefits and Actuarial Projects of this Scale Business Profile and Corporate Experience Personnel Cost Oral Presentation/Interview (if required) Desirable Specifications Employee Benefits and Actuarial Manager Experience Corporate References Employee Benefits and Actuarial Manager References Specific Knowledge Requirements Proximity of Albuquerque iii

4 TABLE OF CONTENTS CONTINUED Proposed Additional Support Services Resident Veterans Preference Certification V. EVALUATION Overview Evaluation Points Summary Mandatory Specifications Authority to Provide Employee Benefits and Actuarial Consulting Services New Mexico Employees Health Insurance Coverage Form Campaign Contribution Disclosure Form Conflict of Interest and Debarment/Certificate Suspension Form Statement of Confidentiality Form Request for Taxpayer Identification Number and Certification (W-9) Form Professional Liability Insurance Knowledge of State and Local Governmental Employee Benefits and Actuarial Policies and Procedures Ability to Manage Employee Benefits and Actuarial Projects of this Scale Business Profile and Corporate Experience Personnel Cost Oral Presentation/Interview (if required) Desirable Specifications Employee Benefits and Actuarial Manager Experience Corporate References Employee Benefits and Actuarial Managers References Specific Knowledge Requirements Proximity of Albuquerque Proposed Additional Support Services Resident Veterans Preference Certification Evaluation Process APPENDICES: A. Acknowledgement of Receipt Form B. Letter of Transmittal Form C. New Mexico Employees Health Coverage Form D. Cost Response Form E. Campaign Contribution Disclosure Form F. Conflict of Interest and Debarment Suspension Certification Form G. Statement of Confidentiality Form H. Resident Veterans Preference Certification Form I. Offeror Information/Signature Page J. Submittals Check Off List ATTACHMENT 1. Request for Taxpayer Identification Number and Certification (W-9) Form iv

5 I. INTRODUCTION 1.0 Overview The Albuquerque Public Schools (APS) seeks a firm in accordance with the specifications contained in this Request for Proposal (RFP). In particular, the services requested herein and to be provided under any contract awarded as a result of this RFP are for employee benefits and actuarial consulting and related projects. 1.1 Purpose of this Request for Proposal The Assistant Superintendent of Human Resources of the Albuquerque Public Schools is requesting proposals from qualified offerors to provide employee benefits and actuarial consulting services for its employee benefit plans. Pursuant to Health Care Purchasing Act, HB 358, New Mexico Public Schools Insurance Authority (NMPSIA) and New Mexico Retiree Health Care Authority (NMRHCA) will be participating in the RFP process and may use the awarded price agreements. The State of New Mexico Risk Management Division has opted not to participate in this RFP process during this cycle. Various pricing structures (Amendment D) are included to accommodate the needs of all agencies. This RFP is intended to solicit responses from a qualified firm that is interested in providing the services listed below. The selected consultant will be expected to provide a full range of consulting and actuarial services related to claims analysis, benchmarking, budget projection, marketing, plan design, implementation, maintenance, communication, and strategic improvements of all benefits programs. o The consultant must be proficient in handling all phases of self-funded Medical, Dental, Vision, and Prescription Drug plans to include establishing contribution amounts. o In addition, the consultant will be expected to be knowledgeable about Flexible Spending Accounts, Group and Supplemental Life, AD&D, Retiree Life insurance, Short and Long Term Disability, Voluntary Benefit Plans (Auto, Homeowners, Cancer & Accident, and Universal and Whole Life Products), Long-Term Care insurance and Employee Assistance Programs o Assistance with Retirement Savings Plans (403(b) and 457 plans) is part of the services required. The consultant will be required to assist in the development and growth of Employee Wellness Programs. Consultant will assist with research and evaluation of the feasibility of establishing an on-site clinic or clinics. Consultant will provide annual fiscal year actuarial certification of required Incurred but not Reported (IBNR) Reserves for all self-funded plans. GASB 45 actuarial valuation services for Post-Retirement Benefit Plans. 1.2 Scope of Procurement The scope of procurement is to establish a professional services contract with a qualified consultant. The initial agreement will secure an agreement with a firm who has the ability and resources to, and will, provide employee benefits and actuarial and services related projects as needed. 1

6 1.3 Procurement Manager The agency has designated a Procurement Manager who is responsible for the conduct of this procurement. The Procurement Manager s name, address, and telephone number are listed below: Name: Title: Sandra Sanchez, C.P.M., A.P.P., CPPO, CPPB Procurement Manager Albuquerque Public Schools PO Box Albuquerque, NM Telephone: Fax Number: sanchez_ss@aps.edu Special Instructions: Complete the RFP documents as required. Your response must be received in the APS Procurement Department prior to the specified date and time regardless of above delivery option selected. Late RFPs are not accepted and will be returned unopened. To ensure proper identification and handling, clearly indicate the RFP number and the response due date on the outside of the sealed envelope, box, etc. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding the procurement. Other Albuquerque Public Schools employees or the two other IBAC agencies do not have the authority to respond on behalf of APS. 1.4 Definition of Terminology This section contains definitions that are used throughout this procurement document, including appropriate abbreviations Agency or APS means Albuquerque Public Schools Award or Award of Contract shall mean a formal written notice by APS that APS has selected a firm to enter into a contract for services Close of Business means 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given Contract means any agreement for the procurement of items of tangible personal property, services or construction derived from an ITB or RFP Contract Manager means the individual selected by the Albuquerque Public Schools to monitor and manage all aspects of the contract resulting from this RFP Contractor means a successful Offeror who enters into a binding contract. 2

7 1.4.7 Deliverable means any measurable, tangible, verifiable outcome, result, or item that must be produced to complete a project or part of a project Desirable The terms may, can, should, preferably, or prefers identify a desirable or discretionary item or factor (as opposed to mandatory ) Department For the purposes of administrating the RFP and associated proposals, Department means the Employee Benefits Division of the Human Resources Department Determination means the written documentation of a decision of a Procurement Manager including findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains Director The Executive Director of the Albuquerque Public Schools Procurement Department or a designated representative Employer means any for-profit or not-for-profit business, regardless of location, that employs one or more persons that qualify as a New Mexico Employee. (See below.) Such definition does not include governmental entities Evaluation Committee means a body appointed by the Albuquerque Public Schools management to perform the evaluation of Offeror proposals Evaluation Committee Report means a report prepared by the Procurement Manager and the Evaluation Committee for submission to the Executive Director of Procurement for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals Finalist is defined as an Offeror who meets all the mandatory specifications of the Request for Proposal and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Evaluation Committee Mandatory The terms must, shall, will, is required, identify a mandatory item or factor (as opposed to desirable ). Failure to meet a mandatory item or factor will result in the rejection of the Offeror s proposal Milestone means a significant event in a project, usually the completion of a major deliverable Albuquerque Public Schools Employee means any employee of the Albuquerque Public Schools, performing the majority of their work within the Albuquerque Metropolitan area, for any school or department regardless of the location of the employer s office or offices Offer means to make available to all New Mexico employees, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of the Executive Order. This could include State publicly financed public health coverage programs such as Insure New Mexico! 3

8 Offeror is any person, corporation, or partnership who chooses to submit a proposal Procurement Manager means the person or designee authorized by the Agency to manage or administer a procurement requiring the evaluation of competitive sealed proposals Purchasing Agent means the purchasing agent for the Albuquerque Public Schools or a designated representative Request for Proposals or RFP means all documents, including those attached or incorporated by reference, used for soliciting proposals Requirements are obligatory and mean the system functions that are related to the organization s goals and business opportunities. Requirements are defined by the project team and are usually prioritized Responsible Offeror means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources production, or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal Responsive Offeror Responsive Proposal means an offer or proposal that conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements Solicited and Awarded means an ITB or RFP was made available to the general public, through any means, after May 6, 2014, AND the contract(s) sought as a result of that solicitation was/were awarded after May 6, Solicitations means ITBs and RFPs Volume means RFP documents to be placed in individual sections as outlined in response format and organization. Volume #1, #2, and #3 can be either binders, spiral bound, folders, stapled, etc. 1.5 Background Information This section provides background information on the Albuquerque Public Schools, NMPSIA, and NMRHCA which may be helpful to the Offeror in preparing the proposal. The information is provided as an overview and is not intended to be a complete and exhaustive description. The Assistant Superintendent of Human Resources or designee is responsible for the coordination of employee benefits and actuarial consulting services for various departments, schools, and charter schools. 4

9 APS is the largest school district in New Mexico and one of the nation s largest school districts, covers more than 1,230 square mile geographical area that presently encompasses all the Albuquerque metro area in Bernalillo County and one school in Sandoval County. Currently, the district has 140 schools: 13 high schools, 11 alternative high schools, 27 middle schools, 89 elementary schools plus 20 Charter Schools in Additional schools and/or departments may be added to APS during the life of any resulting contract. APS has approximately 89,500 students and 13,500 employees, 12,907 full time and 6,500 teachers, and 2,081 classroom educational assistants. An elected Board of Education composed of seven members serving staggered terms of four years each governs the District. The Superintendent is Winston Brooks. On April 8, 1997, the State of New Mexico Legislature passed the Health Care Purchasing Act, HP 358 mandating requests for proposals for group health care benefits involving four agencies. The Interagency Benefits Advisory Committee (IBAC) consists of Albuquerque Public Schools (APS), State of New Mexico Risk Management Division * (SNM RMD), New Mexico Public Schools Insurance Authority (NMPSIA), and New Mexico Retiree Health Care Authority (NMRHCA). The New Mexico Health Care Purchasing Act was enacted to ensure public employees, public school employees and retirees of public employers and the public schools access to more affordable and enhanced quality of health insurance/coverage through cost containment and savings affected by procedures for consolidating the purchasing of publicly financed health insurance/coverage. Effective February 1, 1999, the IBAC agencies entered into The Joint Powers Agreement (JPA). The purpose of the JPA is to authorize the parties to exercise their common powers to provide and administer health care insurance programs, and to implement the purposes of the Health Care Purchasing Act, HP 358, which includes: Issuing and release of separate and combined requests for proposals for group care benefits coverage; Requests for proposals for consultants and administrators related to such coverage; Receipt of such proposals to maximize health care values and the efficient use of public resources. The four (4) agencies are not required to select the same providers, carriers, consultants, and do not utilize the same plan year. * Note: The State of New Mexico is not participating in this RFP. The successful Offeror(s) must share the philosophy of and understand the legal obligation of APS to be a responsible steward of public funds and the need to aggressively control costs in an innovative and effective manner. 5

10 Albuquerque Public Schools ( APS provides insurance coverage for all active full-time employees, including employees at 89 elementary schools, 27 middle schools, 13 high schools, and 11 alternative schools. APS, by statute, is the only New Mexico public school district not participating in the New Mexico Public School Insurance pool. With approximately 11,000 benefit eligible employees, APS currently covers approximately 17,400 members under its two (2) medical plans, 17,800 members under its two (2) dental plans, and 16,500 members under its vision plan. Participation in the APS plans is exclusive to the APS district. The APS plan year runs from January through December. All full-time employees (those who work 30 or more hours per week) are eligible for benefits. There is also a small group of grandfathered employees working less than 30 hours per week who are eligible for most benefits. COBRA is administered in-house and participation averages 200 enrollees per month. Approximately 3,000 retirees participate in the APS contributory Life Insurance program. These figures are subject to change and are included only for the offeror s reference, and do not indicate a commitment to maintain any particular level of enrollment. There are six separate bargaining units (unions) within APS, which represent APS teachers, educational assistants, secretarial/clerical workers, maintenance and operations workers, food service personnel and school police. Regarding annual enrollment opportunities for individual participants, APS conducts an annual switch/open enrollment for the medical, dental, vision, Flexible Benefits (Health Care FSA and Dependent Care FSA) plans each October. The next switch enrollment will be held for the January 2015 plan year. Participants are required to make a two-year dental and vision election. Regarding premium/fee billing, APS remits to the vendor for either ASO fees or premiums on a monthly basis. APS offers a comprehensive benefits program to eligible employees which include: Self-funded medical plans with two (2) carriers Self-funded prescription drug plan managed by a PBM Self-funded dental plan, two (2) plan options Self-funded vision plan Fully insured Long Term Disability plan Fully insured Basic Life/AD&D, Voluntary Additional Life, Voluntary Dependent Life Voluntary Long Term Care Plan Employee Assistant Plan administered by the district Defined Benefit Pension Retirement Plan Through the Educational Retirement Board Voluntary 403(b) and 457 retirement savings plans Pre-Tax insurance Premium Plan (PIPP) Flexible Spending Accounts Medical Spending Accounts and Dependent Care Spending Account Administrator s Sick Leave Bank Non represented employees Sick Leave Bank Represented employees 6

11 The current APS benefits program is contributory with the district contributing to both employee and dependent premiums based on the following salary schedule. Annual Salary less than 29,000 80% Annual Salary $29,000 and above 60% New Mexico Public Schools Insurance Authority (NMPSIA) ( NMPSIA provides insurance coverage for 88 New Mexico public school districts, 95 charter schools, and 25 other educational agencies across the state of New Mexico. NMPSIA covers approximately 60,000 members under its two (2) medical plans, one (1) dental plan, and vision plan. All public school districts (other than Albuquerque Public Schools), and charter schools currently participate in NMPSIA, but may opt out once every four years, subject to proof of comparable alternatives. Other educational entities may also elect to join. Regarding annual enrollment opportunities for individual participants, NMPSIA an open enrollment each January for medical, dental and vision. Participants are required to make a two-year vision election. Regarding premium / fee billing, NMPSIA has 208 different subgroups, but one consolidated billing is prepared by their TPA (ERISA Administrative Services) and remitted to the vendor for either ASO fees, or premiums. NMPSIA offers the following benefits: Self-funded medical plans with two (2) carriers, two (2) plan options Self-funded prescription drug plan managed by a PBM Self-funded dental plan, one (1) plan option Fully-insured vision plan Fully-insured Long Term Disability plan Fully-insured Basic Life, Voluntary Additional Life, Voluntary Dependent Life New Mexico Retiree Health Care Authority (NMRHCA) ( The NMRHCA provides benefits for all retirees and their dependents from public agencies that participate in the program. Retirees from NMPSIA, SNM - RMD, and APS, as well as other public sector agencies participate. The NMRHCA covers approximately 15,000 retired employees under age 65 and their 7,000 dependents, and approximately 22,000 retired employees over age 65 and their 8,000 dependents, for a total of approximately 52,000 lives. Any retirees of public employers participating in the NMRHCA are eligible to participate. Public plans may elect to join annually. Participation petitions from public employers not currently contributing to the NMRHCA are accepted once a year on July first. For those over age 65, NMRHCA offers self-insured Medicare supplement plans and fully insured Medicare Advantage HMO plans. It is also important to note that NMRHCA allows all retirees, both over and under age 65, and their eligible dependents to make independent benefit elections. For example, a retiree s spouse may elect a different medical plan and vendor than those elected by the retiree. Regarding open enrollment opportunities for individual participants, the NMRHCA conducts annual switch enrollments for its medical plans. The enrollment period is held between October and December, and plan changes are implemented effective January first. An open enrollment for dental and vision plans is also conducted during the same period of time. Regarding premium and fee billing, NMRHCA does its own billing. 7

12 NMRHCA offers the following benefits: Self-funded medical plans (non-medicare) with two (2) carriers, two (2) plan options Self-insured Medicare supplement plans and fully insured Medicare HMO plans with three (3) carriers (include Medicare Part D) Fully insured dental plans with two (2) carriers, two (2) plan options Fully insured vision plan Fully-insured Supplemental Life for Retiree/Spouse, Dependent Child Life 8

13 II. CONDITIONS GOVERNING THE PROCUREMENT 2.0 Overview This section of the document contains the RFP schedule for the procurement, describes the major procurement events and milestones and specifies general conditions governing the procurement. 2.1 Sequence of Events The Procurement Manager will make every effort to adhere to the following schedule: Action Responsibility Estimated Date Issue RFP Albuquerque Public Schools 5/6/14 (Tue) Return of acknowledgement Potential Offerors 5/9/14 (Fri) of Receipt Form for Distribution List Deadline To Submit Potential Offerors 5/13/14 (Tue) Questions Response to Written Albuquerque Public Schools 5/16/14 (Fri) Questions/RFP Amendments Submission of Proposal Offerors 6/3/14 (Tue) 2:00 p.m.(mdt) Proposal Evaluation Evaluation Committee 6/5-19/ Selection of Finalists Evaluation Committee TBD Best and Final Offers from Finalists Offerors TBD Finalists Oral Presentation/Interview Finalists Offerors TBD by Finalists if required Finalize Contract Albuquerque Public Schools TBD Offeror Contract Award Albuquerque Public Schools TBD Protest Deadline Offerors 15 Days after the Contract Award Dates may be subject to change Explanation of Events The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph Issue of RFP This RFP is being issued by the Human Resources Department and the Procurement Department of the Albuquerque Public Schools on May 6,

14 2.2.2 Return of Acknowledgement of Receipt Form for Distribution List Potential Offerors may hand deliver or return by facsimile or by registered or certified mail the Acknowledgement of Receipt Form that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. This form must be signed by an authorized representative of the organization and should be delivered to the Procurement Manager no later than the date specified in the Sequence of Events or shortly thereafter. The procurement distribution list will be used for the distribution of important information regarding this procurement. Failure to return this form may constitute a presumption of receipt and rejection of the RFP, and the potential Offeror s organization name may not appear on the distribution list Deadline to Submit Written Questions Potential Offerors may submit written questions as to the intent or clarity of this RFP until close of business on the date specified in the Sequence of Events. All written questions must be sent by and addressed to the Procurement Manager (see Paragraph 1.3) Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed to all potential Offerors whose organization name appears on the procurement distribution list, via electronic mail ( ). A valid address must be provided for this and other purposes. An Acknowledgement of Receipt Form will accompany the distribution package. The form must be signed by the Offeror s representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. ( replies are acceptable in this case.) Failure to return this form may constitute a presumption of receipt and withdrawal from the procurement process. Therefore, the Offeror s organization name may be dropped from the procurement distribution list. Written responses to written questions and any RFP amendment(s) will be posted on the APS website. Go to and click on See Current Bids and RFPs link to download amendment(s). It is the responsibility of every Offeror to ensure they have downloaded the latest version of each solicitation, including any amendment(s) which may have been issued, by revisiting this website prior to the due date before submitting their response to the Albuquerque Public Schools. Any amendment(s) must be acknowledged in the RFP response in Volume #2. Failure to sign and return any amendment(s) may be considered as non-responsive and RFP response may be rejected. Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than two (2) days after the answers and/or amendments were issued, time permitting Submission of Proposal ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 2:00 PM MOUNTAIN DAYLIGHT TIME ON JUNE 3, Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to: 10

15 Name: Title: Hand Carry or Courier Address: Name: Title: US Postal Service Delivery Address Sandra Sanchez, C.P.M., A.P.P., CPPB, CPPO Procurement Manager APS Procurement Department 6400 Uptown Blvd. NE, Ste. 500E Albuquerque, NM (Due to elevator replacements, please allow appropriate time for delivery to the Procurement Department location before the deadline time and date from April 21 September 21, 2014.) Sandra Sanchez, C.P.M., A.P.P., CPPB, CPPO Procurement Manager APS Procurement Department PO Box Albuquerque, NM (Allow appropriate time for delivery to the Procurement Department location before the deadline time and date.) Telephone: Fax Number: Proposals must be sealed and labeled on the outside of the package to clearly indicate a response to the Employee Benefits and Actuarial Consulting Services RFP. Proposals submitted by facsimile or other electronic means will not be accepted. A public log will be kept of the names of all Offerors. Pursuant to section NMSA 1978, the contents of any proposal shall not be disclosed to competing Offerors during the negotiation process Proposal Evaluation The evaluation of proposals will be performed by the Evaluation Committee (EC) appointed by Albuquerque Public Schools management. During this time, the Procurement Manager may initiate discussion with Offerors who submit proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors Selection of Finalists The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors. 11

16 2.2.8 Best and Final Offers From Finalists Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by date specified in the Finalist Notification Letter. Best and final offers may be clarified and amended at the finalist Offeror s oral evaluation. APS reserves the right to request Performance Guarantees as part of best and final offers and/or to negotiate Performance Guarantees as part of the contract with awarded Contractor Oral Presentation/Interviews by Finalists (if required) APS reserves the right to request and conduct oral presentations/interviews with finalists. Finalist Offerors will be required to present their proposals and respond to Evaluation Committee questions on date listed in the sequence of events. APS reserves the right to extend the time at its sole discretion. All oral presentations/interviews will be held in Albuquerque, New Mexico. Finalist Offerors will be limited to duration of presentation as determined by the Evaluation Committee Finalized Contract The Contract will be finalized with the most advantageous Offeror. This date is subject to change at the discretion of APS. In the event that mutually agreeable terms cannot be reached within the time specified, APS reserves the right to finalize a contract with the next most advantageous Offeror without undertaking a new procurement process or reserves the right to cancel the award Contract Award After review of the Evaluation Committee Report and the signed contract, the Albuquerque Public Schools will award the contract on date listed in the Sequence of Events. This date is subject to change at the discretion of the APS Purchasing Manager. This contract shall be awarded to the Offeror whose proposal is most advantageous taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points Protest Deadline Any protest by an Offeror must be in conformance with NMSA 1978 and applicable procurement regulations. The fifteen (15)-day protest period for responsive Offerors shall begin on the day following the contract award and will end as of 5:00 PM MDT on the fifteenth (15) calendar day following the agreement award. Protests must be written and must include the name and address of the protestor and the request for the solicitation number(s). It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Procurement Director. The protest must be delivered to the following address. Name: Title: Hand Carry or Courier Address: Mark Heckart, C.P.M. Procurement Director APS Procurement Department 6400 Uptown Blvd. NE, Ste. 500E Albuquerque, NM

17 (Due to elevator replacements, please allow appropriate time for delivery to the Procurement Department location before the deadline time and date from April 21 September 21, 2014.) Name: Mark Heckart, C.P.M. Title: Procurement Director US Postal Service Delivery Address: APS Procurement Department PO Box Albuquerque, NM (Allow appropriate time for delivery to the Procurement Department location before the deadline time and date.) Telephone: (505) Fax No: (505) Protests received after the deadline will not be accepted. 2.3 General Requirements This procurement will be conducted in accordance with the State Procurement Code, Chapter thru NMSA 1978 and applicable procurement regulations Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in the Section V of this RFP Incurring Costs Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror Contractor Responsibilities The contractor shall solely be responsible for performance under this contract. APS will make contract payments only to the prime contractor Subcontractors The use of subcontractors is allowed but discouraged. If utilized, the prime contractor shall be solely responsible for the entire performance of the contract. Additionally, the prime contractor must receive approval, in writing, from APS before any subcontractor is used during the term of this agreement. 13

18 2.3.5 Fingerprints and Background Checks Per Section 1 Section NMSA 1978 (being Laws 1997, Chapter 238, Section 1) New Mexico Statutes and State Board of Education Rules require that all applicants who have been offered employment, contractors, and contractor s employees with unsupervised access to students be fingerprinted in order to establish positive identification for a state and federal criminal background check. Albuquerque Public Schools will also require said applicants or prospective contractors to pay for the cost of obtaining the fingerprints and background check. Employment or contract may be denied under the Criminal Offender Employment Act if the background check reveals a history of convictions of felonies or misdemeanors, or other information (supported by independent evidence) that could establish unfitness for working in proximity to children and youth. Records and any related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision regarding the applicant or contractor. If your proposal is accepted and a contract is awarded, contractor(s) may complete the fingerprinting process prior to serving APS students. Ongoing contractor(s) and/or contractor s staff/employees may be required to complete the finger printing process every two (2) years. Fingerprints are taken on a walk-in basis at APS Central Office, 6400 Uptown Blvd. NE, Suite 105E, Albuquerque, NM Fingerprinting hours are 8:00 AM 3:30 PM, weekdays. APS no longer collects fees for background checks. Candidates must bring picture identification, a Visa or MasterCard Debit/Credit card, or money order in the amount of $44.00 payable to 3M Cogent. Cash and personal checks are not acceptable. The APS Personnel Department will forward the cards and funds to the State and the Federal Bureau of Investigation. Receipt of a report requiring further investigation may result in suspension or cancellation of the contract Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. APS personnel will not merge, collage, or assemble proposal materials Offeror s Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offeror s duly authorized representative(s) addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations Proposal Offer Firm Responses to this RFP, including costs, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after the due date for the receipt of a best and final offer, if one is solicited by the Procurement Manager. 14

19 2.3.9 Disclosure of Proposal Contents The proposals will be kept confidential until Contracts are awarded by the APS Procurement Department. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted proprietary or confidential subject to the following requirements. Confidential data are normally restricted to confidential financial information concerning the Offeror s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, Sections 57-3A-1 to 57-3A-7 NMSA The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Albuquerque Public Schools Purchasing Manager shall examine the Offeror s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data No Obligation The procurement in no manner obligates the Albuquerque Public Schools or any of its departments, schools, and charter schools to the use of Offeror services until a valid written contract is approved Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Procurement Department determines such action to be in the best interest of the Albuquerque Public Schools Sufficient Appropriation The terms of any contract entered into are contingent upon sufficient appropriations and authorizations being made by the Legislature of New Mexico for the performance of such Agreement(s). If sufficient appropriations and authorization are not made the Legislature, such agreement(s) shall terminate upon a written notice being given by the Procurement Department to the Contractor. The Procurement Department s decision as to whether appropriations are available shall be accepted by the Contractor and shall be final. However, the Procurement Department agrees not to use insufficient appropriations as a means of terminating this Agreement in order to acquire functionally equivalent services from a third party Legal Review The Agency requires that all Offerors agree to be bound by the general requirements as stated in this RFP. Any Offeror concerns must be promptly brought to the attention of the Procurement Manager. 15

20 Governing Law This procurement and any agreement with Offerors that may result shall be governed by the laws of the State of New Mexico Basis for Proposal Only information supplied by the Agency in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals Contract Terms and Conditions The contract between the Agency and a contractor will follow the format specified and contain the terms and conditions set forth in the Scope of Work. However, the Agency reserves the right to negotiate with a successful Offeror provisions in addition to or modifications of those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror s proposal will be incorporated into and become part of the contract. Should an Offeror object to any of the Agency s terms and conditions, that Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror s terms and conditions or attempts at complete substitutions are not acceptable to the Agency and will result in disqualification of the Offeror s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording Offeror s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in a contract negotiated with the Agency Contract Deviations Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror s proposal Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in and NMSA

21 Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all responding Offerors failed to meet the mandatory requirements or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee Change in Contractor Representatives The agency reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the Agency, meeting its needs adequately Notice The Procurement Code, through NMSA, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks Proposal Acceptance Rights The Agency reserves the right to accept all or a portion of an Offeror s proposal Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or work which may derive from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror s proposal or termination of the contract Ownership of Proposals All documents submitted in response to the RFP shall be become the property of the Agency Confidentiality Any confidential information provided to, or developed by, the Contractor in the performance of the services under this contract shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency. The Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the Agency's written permission. By confidential information, we mean the software and related materials, including enhancements, which are designated as proprietary and confidential trade secrets of the licensor and licensee of the software. Contractor(s) will not remove any copyright, trademark, and other proprietary rights notice from the licensed software or related materials. 17

22 Electronic Mail Address Required A large part of the communication regarding this procurement will be conducted by electronic mail ( ). Offeror must have and provide a valid address to receive this correspondence New Mexico Employees Health Coverage If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place and agree to maintain during the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2014, if the expected annual value in the aggregate of any and all contracts between Contractor and APS exceed $250, dollars Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the APS Contractor agrees to advise all employees of the availability of State publically financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: 18

23 III. RESPONSE FORMAT AND ORGANIZATION 3.0 Overview This section describes the format and organization of the Offeror s response. Failure to conform to these specifications may result in the disqualification of the proposal. 3.1 Number of Responses Potential offerors shall submit only one proposal in response to this RFP. 3.2 Number of Copies Offerors shall deliver the number of copies of their proposal indicated in Section below to the location specified in Paragraph 2.2.5, on or before the closing date and time for receipt of proposals. If submitting more than one box or envelope, etc., for RFP documents, label each box or envelope: 1 of 3, 2 of 3 and 3 of 3, etc. Within each section of their proposal, Offerors should address the items as they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate sections of the proposal. APS will not make copies of RFP s and RFP will be considered as non-responsive and will be rejected if copies are not submitted 3.3 Proposal Format All proposals must be typewritten on standard 8 ½ x 11 paper and placed within the specified volumes with tabs delineating each section. Each volume must be physically separate. (Also reference paragraph Marking of Volumes.) 3.4 Proposal Organization The following requirements apply to proposal organization and content. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis Organization and Indexing The proposal must be organized, indexed and pages numbered in the following format and must contain, at a minimum, all listed items in the sequence indicated with a tab for each item listed below. Proposals that differ from the described format may be rejected. See Definition of Terminology for Volume Page 2. Volume #1 (Mandatory) [1 original + 7 copies + 1 electronic copy (8 separate volumes (copies) total) required] a. Letter of Transmittal Form Copy (Original in Volume #2) (Appendix B) b. Table of contents c. Proposed Summary (*Optional) d. Response to Specifications 19